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CC 05-17-6510321 South Saratoga -Sunnyvale Road Cupertino, California C I TY OF c; J PERT_- N0 -- CALIFOR'INISA—_ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino TIME: 8:00 P.M., May 17, 1965 I SALUTE TO THE FLAG II ROLL CALL 252-4505 Councilmen present: Finch, Fitzgerald, Noel, Stokes, Dempster Councilmen absent: None Staff present: City Manager, Phil. Storm City Attorney, Sam Anderson City Clark, Larry Martin Dir. of Public Works, Frank Finney Dir, of Planning, Adde Laurin City Engineer, Bob Shook Recreation Director, John Par'iam Chief Bldg, Inspector, Bill Berievich Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETINGS - May 3 & 4, 1965 Moved by Councilman Stokes, seconded by Councilman Noel, to approve the Minutes of Play 3rd. Motion ca.rr .ed, 5• 0 Moved by Councilman Noel, seconded by Councilman Fitzgerald, to approve the Minuteu of I,/:ay 4th, Motion carried, 5-0 IV ORAL AND WRI`T'TEN COMMUNICATIO1.,S Written: AA Copy of "The Urban Setting of the Great Society" by William L. Slayton. B. Several League of California Cities' Legislative Bulletins, C. Letter from Cupertino School District, on behalf of CEA, asking that this week be proclaimed "Creativity in Art Week," D. Letter from Askam-Jones appealing Planning Commission decision. The City Clerk said this would be placed on the June 7th agenda. E. Notice that San Jose Water Works is filing application with the Public Utilities Commission for an increase in .vater rates F. Notice that Calif, Uate. Ser "iic is _'ilin.g application , with the 'ubl.ic Utilities Corrmis ion for increase in water rates, G. Notice from ABAG re the 701 Planning Grant Application. Moved by Councilman Finch., seconded by Councilman Stokes, that the'written communications be received and filed. Motion carried, 5-0 Moved by Councilman Stokes, seconded by Councilman Finch, that the week of May 16-22 be proclaimed "Creativity in Arts 'Week," Motion carried, 5-0 Oral Communications: There were none, V A. REPORT OF THE PLANNING COMMISSION(See Minutes of 5/10) Chairman Gates stated that Comm. Small has resigned, effective immediately. The City Attorney read Urgency Ordinance No. 005C, rescind- ing Ordinance 005A and reducing the number of Planning Commissioners to 50 Moved by Councilman Finch, seconded by Councilman Noel, to accept the resignation of Comm. Small and to direct the City Manager to write a letter of thanks and to pre- pare a Resolution for him. Motion carried, 5-0 Moved by Councilman Finch, seconded by Councilman Noel, that Ordinance No. 005C be enacted. Motion carried., 5-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of May 11, 1965) Chairman Horgan stated that, in addition to their regular meeting on May llth, the Committee had a special meeting on May 14th to accommodate an a.pplicant who was not pre- sent at the regular meeting. That application, 182-HC-65, was approved, 4-0. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt the H-Control a:°ulin.gs of May 11 and 14, 1.965, Motion carried, 5-0 IX REPORT OF OFFICERS The Mayor announced that the City Attorney requested per- mission to give his report'at this time because he has another committment this evening. There were no objections, De REPORT OF CITY ATTORNEY 1, In regard to the Veterinary Clinic appeal, the City Attorney said he will appear at. Court on May 18th representing the C-ty and will keep the Councilmen informed as to the.proceedings, -2 -- VI 2, At the request of the City Manager, the City Attor- ney prepared Resolution No. 1102, Being a Resolution of Intention to Acquire Certain. Real Property for a City Park. Councilman Fitzgerald felt we should let it be known to the other property owners of the park sites that this is available. He said he realized that this pro- perty owner had requested this Resolution. Mayor Dempster did not feel that the City Attorney should be placed in the position_ to be advising citizens; he is representing the City, Moved by Councilman Finch, seconded by Councilman Stokes, to adopt Resolution No, 1102. Motion carried, 5­0 3. The City Attorney said the City has always had a 90-day Claim Statute, under Ordinance No, 20, dated July 16, 1956. He proposes the City Council re- cind Ordinance No. 20 and replace it with Ordinance No, 310. Moved by Councilman Stokes, seconded by Councilman Noel, that Ordinance No. 310 be enacted. Motion carried, 5-0 PUBLIC HEARINGS A. Don Ryan: Appeal: Tentative Map (2-TM-65); 7.3 acres south of Lucille Avenue adjoining west side of Blaney Avenue. Mr. Don Ryan, 958 Addison Avenue, Palo Alto, -presented copies of his Tentative Map to the Council. Councilman Finch requested Planning Commission Chairman Gates state the reasons why this application was denied. Chairman Gates said this application was denied on the following bases: 1, Excessive density 2. Lack of sub-dividability 3, tack of an internal street pattern Mr. Ryan stated that the site, as such, could be developed under the Ordinance without internal public streets. They have planned two internal driveways. Mr. Ryan said that the density is a problem, apparently of the intent of the Ordinance of which he was not aware. He said that, under the Ordinance, he could go to 204 units, but that they only plan to put in 174 units. Mr. Ryan said that it is not their intention to ever sub- divide this property. This suits them, just,the way it is. Mayor Dempster asked what the height of the proposed build- ings is. Mr. Ryan said they would be 2-story. Councilman Noel asked who would take care of the maintenance of the interior streets. Mr. Ryan said the owner would. -3 - Councilman Fitzgerald said the intent of the R•3 Ordinance has always been a maximum of 20 units per acre. He realizes that perhaps T°Ir, Ryan was not aware of this, but the pro- perty owner was very z-,uch aware of this _fact, Mayor Dempster said that Mr. Yamaoka stated at the time of the rezoning that he intended to build 140 'units on this property and had very elaborate plans reflecting this, The Minutes of the rezoning hearings are available at City Hall. The City Planner said the Ordinance allows L4 stories here. Also, you cannot attach conditions to a rezoning. He told the applicant the density was too high and advised him to lower it. The problem here is.that even higher density was allowed by the Ordinance at the time the application was made. This Loophole in the Ordinance has been plugged so this situation will not come up again. Councilman Noel wondered whether the homeowners could adequately handle the street maintenance or whether it would be just patchwork. The City Manager said this is not the concern of the City on private roadways, Councilman Stokes asked if the garages would be on ground level with 2 stories above, Mr. Ryan said the garages would be below grade, with 2 stories above. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to close the Public Hearing, This motion was withdrawn to enable the audience to speak for or against this application. Mayor Dempster asked, for. comments. from the audience. There were none. Moved by Councilman.Finch,.seco.nd.ed.by„Councilman Fitzgerald, to-close'the.Public Hearing, 'Motion carried, J-O. Moved by Councilman Finch, seconded by Councilman Stokes, that Mr. Don R-yan's appeal under 2=TM-65 be denied because the property, as zoned, is not. suita.b7.ea It is hoped the applicant will consider rezoning to something more suitable. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 B. Ordinance 214(a): Grading, Excavation.& Retaining Wall Ordinance (First Reading,) Moved by Councilman Finch, seconded by Councilman Fitzgerald, to have Ordinance 214(a) read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried,, 5-0. This was done by the City Clerk, Mayor Dempster asked for comments from the audience. -4- Mr, Rc:n Bol:,y, ill''4 LaPaloma Drive, Gapertino, said that he li_veo in the Third Unit of Baywood Terrace, This past winter, they have had quite a. few water problems: water under the homes, and water bubbling up out of the streets a number of days after rain storms. The Chief Building Inspector, when asked, said that this Ordinance has no particular connection with this problem. The Director of Public Works said the Grading Ordinance is set up to prevent water under the homes. This Ordinance, however, is not retroactive. There is nothing they can do about the wet spots in the street at this time, Councilman Stokes asked if this Ordinance carries the necessary clauses for taking care of sub -surface drains. The Director of Public Works said a geologist's report is required in marginal situations, Mr. Bill Jacobs, 11076 Linda Vista Drive,.Cupertino, said he, too, had water under his house. He asked if this Ordinance is retroactive as far as homes that are occupied but have not as yet had their final inspection. The City Manager said this is a situation to be handled between the developer and the homeowner. The Chief Building Inspector said the Baywood Terrace people asked the City Council to allow people to move into the homes before the street work is done, and before the final inspection. When his people arrive to make the final inspection, the homeowners are -wait- ing for them with lists of things wrong and a lot of the things have nothing to do with the Building Code, and.should be ironed out. between the developer and the homeowner. Mayor.Dempster referred Mr.. Jacobs to the Building Department regarding his complaints, Councilman Stokes wanted to know more about the prob- lem of water bubbling up from under the streets. The City Engineer said the bonds have not been released yet because the streets have been accepted but are still under the one --year maintenance requirement. C. Ordinance 306: Redefining Architectural and Site Con- trol Procedures. (First Reading,) Chairman Horgan said the H-Control wishes to delete Section 6.2 on the basis that it places additional delay on the applicant when there really does not seem to be any real need for it. Councilman Finch felt the Public should be apprised of the H-Control applications. Mayor Dempster said he has heard of no complaints about this over the years. By law, we must advertise the other City items, but he wondered how many people actually would read these advertisements if they were published. What practical purpose would they serve? Councilman Fitzgerald suggested the advertisement could read something like: "All items passed on Planning Commission night will come before the H-Control the following night," -5- "k-A -_� i Councilman Stokes said this Ordinance carries the right of appeal to the City Council, so the Public would see about it then and could speak before the Council about a given application, Councilman Finch suggested the H-Control meet the first and CD third Tuesdays instead of the second and fourth, as a possible solution to the time delay. Mr. Jim Small., former Chairman of H-Control for 1.1 years, 140�1 said that the public and/or the press seldom come to H-Control meetings. He felt Section 6.2 would only serve to further delay the developer, and for no constructive reason. The Director .of Planning said this item came up through suggestions from the Planning Commissioners, who are con- cerned mostly about items which came through the Planning Commission some time ago and then come in for H-Control approval without putting.the'Public on notice. Their main concern.is the benefit of the Public. Mayor Dempster said that theoretically, -..it seems fine, but it does not seem pract..ical. Chairman Horgan.suggested that if'the. Council decides to delete Section 6o2,,then Section 6.3 should be changed to read "Section 602" and Section 5.1 should be reworded to reflect. this change. Moved by Councilman Fitzgerald, seconded, by Councilman Stokes, to amend Proposed Ordinance No. 306, deleting all of Section 6:2, moving Section 6:3 up to Section 6:2; and having Section 5:1 read as follows: "Section 5:1: For the purpose of defraying the expense involved for plan checking in connection with an application for architectural approval, a filing fee of $15.00 shall accompany the appli- cation. No fee shall be required if the.approval is re- quired by a condition of a Uue Permit or a Variance Permit." AYES:. Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Moved.by Councilman Finch, seconded by Councilman Fitzgerald, that Ordinance No. 306 be read by.title only. AYES: Councilmen Finch, Fitzgerald,. Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Thi.s.was done by the City Clerk, D. Ordinance 002(0-1): Amending The Planned Community Ordinance No. 002(o) By Adding Uses Corresponding with Zones R1C, .R2C, R24C, RN and PA -PH. (First Reading) Mayor Dempster asked for comments from the audience. There were none. Moved. ,by .'Councilma.n Noel, seconded by Councilman Fitzgerald, to have Ordinance No. 002(0-1) read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 M 0 This was done by the City Clerk. E. Ordinance No. 002(x): Regulating Professional Admini- strative Park Zones (PA -PH) and Light Industrial Park Zones (Ml-PH) ; ( 'i.r„t Reading, ) Mayor Dempster asked for comments from the audience. There were .none. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to have Ordinance 002(x) read by title only, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 This was done by -the City Clerk VII ORDINANCES AND RESOLUTIONS FOR ADOPTION? There were none. VIII PAYING BILLS A. RESOLUTIONS NO. 1096 and 1097. Resolution 1096 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution 1096, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried., 5-0 Resolution 1097 was read by Treasurer Fitzgerald. Councilman Stokes asked what phase of the City Hall design Warrant No. 6506 referred to. The City Manager said he would contact Mr. B1esoing and have a verbal report for the adjourned meeting the following night. Councilman Stokes hoped we could have the preliminary plan then. Moved by Councilman Finch, seconded by Councilman Stokes, to adopt Resolution No. 1097. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had nothing further to report. B. REPORT OF CITY MANAGER 1. Letter from Messrs, L. F. Bonacich and H. L. Headlee, asking for a definite decision on whether or not..the northerly extension of Western Drive is to go through to Stevens Creek Blvd. Moved by Councilman Finch, seconded by Councilman Stokes, to refer this item to the Planning Commission for recommendat—ion, Motion carried, 5-•0 -7- 2. Letter from Santa Clara County Safety Council asking the City of Cupertino for a budget allocation of $300. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to direct the City ;staff to gather more data on this before a decision is made. Motion carried, 5-0 3. Letter from Mr, John W. Cone, Riches Research, Inc., lose, requesting water services.be given to some property in Los Altos, Moved by Councilman Finch, seconded by Councilman Noel, to refer this to the Water Commission and have it re- turned to the Council with recommendation. Motion carried, 5-0 4. Street lights - Homestead High School. Cupertino has been asked to energize a street light at this location. Upon.physical inspection,it turns out there are six electroliers, which will cost the City $300 to $400 per year. Councilman Finch said he would like to create an atmos- phere of harmony with Sunnyvale at this point, and is in favor of energizing these lights. Councilman Stokes said there is no question that this high school is within the City of Cupertino and we have a moral obligation here to light the street. Moved by Councilman Finch, seconded by. .Councilman Stokes, to instruct the City Manager to write a letter to Sunny- vale indicating -that we.will energize the six electro- liers in front of Homestead,High.School,, Motion carried, 5-0 5, Hospital Report .Mr. Bob Scott, 23386 Montclair Way, Los Altos, spoke for the:Rot'ary Club oii -behalf of - the hospital report. He explained the Rotary Club is willing to gather the data and let the Health Planning Facility compile it. The Rotary Club wou�.d,then publicize the )roject and dis- seminate the resulting information,to::the public. Councilman Stolces asked Mr..Scott what they felt com- prised the "Cupertino Area." Mr. Scott answered that it is roughly the CupertinoSchool District. He was asked if this would infringe on the El Camino Hospital District. Mr. Scott said they would also ask the El Camino Hospital for a,proposal. Councilman Noel asked whether this might result in a hospital of our own.. Mr. Scott said this could be, if that is what the data indicates; it is too soon to tell until the data is gathered and compiled,. . . _WW: Councilman Fitzgerald�wan'ted. to know who would make the report from this data. Mr. Scott said it would come from the Rotary Club, with the,cooperation of the Hos- pital Advisory Board. Mr. Bob Hanson has indicated there will be no charge from either the. -City or the Rotary. Moved by Councilman Noel, seconded by Councilman Finch, to authorize the Rotary Club to handle this project, at no cost to the City of Cupertino. Motion carried., - 0 6. In regard to the request f -om Westwood Oaks to consider the disannexat.ion of a school site which would be adja- cent to and included in Vallco Industrial Park,: the City Manager and Mr. Walter Ward, of Vallco Park, attended a Board Meeting where this was reviewed. Mr. Ward said there was misinformation of facts, so the School Board did not take any action at this time. If this should come up again, we will be notified. C. REPORT OF DIRECTOR OF PUBLIC WORKS The Director said Items 1 through 3 of his written report are simply progress reports, 4. The Director had the City Attorney review Resolution No. 1103, and he advised enactment. So moved by Councilman Finch, seconded by Councilman Stokes. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Items 5, 6 and 7 are progress reports, REPORT OF CITY ENGINEER 1. Paul Swanson; NE corner of Stevens Creek Blvd. and Vista Drive, The City Engineer recommended he be given authorization to inform the developer and his bonding company that the improvement bonds may now be retired. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 2. Simla Lands; south side of Homestead Road at Stevens Creek. The City Engineer recommended adoption of Resolution No. 1101, accepting roadway dedication from Simla Lands, Ltd. So moved by Councilman Stokes, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 3. Mobil Oil Company; SE corner Stevens Creek Blvd and Stelling Road. The City Engineer recommended adoption of Resolution 1098, Approving Final Plans, MOM So moved by Councilman Fitzgerald, seconded by Councilman Noel. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 The .City Engineer recommended adoption of Resolution No. 1099, Authorizing Execution of Agreement. � So moved by Councilman Nael, seconded by.Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 The City Engineer recommended adoption of Resolution No. 1100, Accepting Roadway Dedication from A.J. & H.E. Williams. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES:..: Councilmen Fi.nch,.Fi.tzgera:ld, Noel, Stokes, Dempster NOES:' None Motion carried, 5.-0 E. REPORT OF BUILDING INSPECTOR He had no further report, F. REPORT OF RECREATION DIRECTOR .1. The Varks & Recreation Commission has elected to meet the second and fourth Tuesdays from now on in the Collins School Library, 2. Announcement of.the Cupertino Recreation Department's Ballet performance, to beheld May 21 and 22, at Home- stead High School. All are invited, G. REPORT OF DIRECTOR OF PLANNIE'G He had no further report. X UNFINISHED BUSINESS A. The City Manager called attention to the League of California Cities' Bi-Monthly Meeting on May 27>t,h, at The Leopard, in San Francisco. Speaker: Mr. Leo R. Friedman. B. Mayor Dempster, called for a 5--minute break at 9:35. The Council returned at 9:45, C, Councilman Stokes asked the Director of Planning about the progress of the Interim Zoning Ordinance at the Planning Commission level. The Director of Planning said this has been subject to study .and is,a part.o.f a draft. It has not been considered individually. -10-- XI NEW BUSINESS A. Councilman Noel moved, seconded by Councilman Fitzgerald, to direct the C'.,-y Manager to write a letter of commenda- tion to the JC's in re,--a.rd to their fire "Miss Cupertino Pagaent." Motion carried, 5-0 XII ADJOURNMENT Moved by Councilman Finch, seconded by Councilman Noel, to adjourn to tomorrow evening, May 18th, 8 P.M., City Hall. Motion carried., 5-0 Mayor Dempster announced the next regular City Council meeting will be held June 7th, at the Portal School Library, at 8:00 P.M. Meeting adjourned at 9:50 P.M. ATTEST: City Clerl� APPROVED: /s J. Robert Dempster Mayor -11- ~,. , i 10321 South ~ratoga-Sunn¡nle Road CUpel"tino, C¡¡:1forn1a 252-4505 C I T Y 0 P C J P E R TIN O. CALIFORmA- KtNUTES OP THE RBGU""~'I MEJrl'ING OF THE CIT!' COUIICXL H.ACB: Board RoOID, CUpertino S.:hool District Otr1ce 10300 Vista Dr1Y8, Cupertino '.rDIB: 8:('0 P,M., Ma,. 17. 1965 x SALUTB 'l'O TBB PUO II ROLL CALL Councllmen present: IP1noh, Pltzgerald, Noe1. Stokes, Delllpeter Councilmen absent: None Clty Manager, Phil Sto1"lll City Attorney, sam Anderson C1ty Clerk, Lar17 Martln Dlr. ot Public Works, Prank Plnney Dir. or Plannlng, Adde Laur1n City ingineer, Bob Shook ~reatlon Director, John Parham Chiet Bldg. Inspector, Bl11 Benevlch Recording Secretary, Lois Inwards III MINt"TES OP THE PREVIOOS KEZl'U!:¡3 - May :. a: 4, 1965 Starr present: MO'led by Council::an Stokes, seconded by CO',ncll:'an Noel, to approv£> the 1':1m.:';8S or tlay 3rd. I1otlOI1 chrrh-d.. :' <J Moved by Counc~l~n N~el, sr.condcd by Co~ciloa~ Fitzgerald, to approve the ~1~ut£~ c~ ~~y ~t~. Kot1~n carried, 5-0 IV ORAL AND WRITTZIõ COMK1NICATIOhS ~r1tten: A. _Copy or "The Urban Setting uf the Great Society" by William L. Slayton. B. Several League ot California Cities' Legislative Bullet1ns. C. Letter tl'Om Capertino School Distrlct, on behalf of CEA, ask1ng that this week be procla1llled "Creativity in Art Week.· D. Letter 1"l'Om AakaaI-Jones appealing Pl&Juûng Commission declsion. The C1ty Clerk said this wo~d be placed on the June 7th agenda. E. Notlce that san Jose Water Works 1s tiling appl1cation with the Pub11c Utilities Co~1ss1on tor an increase in \~ater rat". F. Notlce tl11t C&J.1t'. \latE<.:' Se~-·,::'o", 1s rH_1ng application wlth the ~b11c Ut111tles Commisalon ~or increAse in water ratee. -l- G. !iotlce from .uw:: re the ,OJ. P~annlns Gran'; Þ.,plicR.t1on. Moved by CounclJ.man ;>inch, secoocY.! by Councl1man Stoke3, that the written cc.~~1c~tion~ ~e r~ce1ved and tiled. Vbtlon carri€2, ;-0 Moved 1:). Councllœn Stokes, seconded by Councllman Finch, that the week or Ma7 16-22 b-. proclaimed "creaUvlt7 in Arts Week." Iløtl0D carried, 5~0 Oral Co1Bmicat1on8: There were none. V A. RBPOR'1' OP 'lIIB I'LAJIRIJIJ COMMISSION(See M1.nI1tes or 5/10) Chall'!1Bl1 Gates stated that Com. Salall has resigned, errectl ve illlllediate17. The Clty Attornq· read Urgency Ordinance No. 005C, rescind- ing Ordinance 005A and reducing the number or P1anning Comcissionera to 5. Moved by Councl1man 1>1.nch, seconded by Councilam Noel, to ac~ept the resignation of Cccm. Small and ';0 dlrect the Clty Manager to write a l",;,;er o~ thanks and to pre- pare a Re50lution ~O~ hlm. F~t1on carried, ;-0 Mo\'e:j. :17 Councllman F1.nch, seconded by Cou.'1cll::;an Noel, tha'; :Jroinance r;o. QC5C ~e enacted. MCt~cn carr::j~ 5-0 B. RE~:tr OF THE ARCHI':~TURAL AN!) SITE APPROVAL COOUTTEE (See Y.1nutes 01" Ma:; 11, 1965) Chai:-::an Horgan stated that, in addItion to ,;r.elr regular ~ee';ing on Mby 11th, the CO~littee had a spe~lal meeting on M1y ll;th to acccw:DOdate an appllcant who vas not !>re- sent at the re~lar meeting. T~at applicatlcn, l82-HC-65, was approved, 4-0. Moved by Councllman ~ch, seconded by Councilman Fitzgerald, to ado;:"; the H-Control rulings of ".ay 11 and 14, 19Õ5. P.btion carried, 5-0 :IX RE.."OR'l' OF OPFICms The Mayor announced that the Clty Attorr.ey req:.:ested per- mission to give b1a report at thls tlm'.! becauae he has another ""mm1tt_t this evening. There were no ol:jectlons. D. REPORT OP crrr A"rTOfINEY 1. In regard to the Veterinal'Y' ClinIc ap;¡eal, the City AttorneJ" &aM l-.e wl1l a-::pear at Court on May 18th represeD1;1I!S t.!1e City :::'å wl11k~ep-t;he Councilmen 1n!ormecl as ~ the prc::eedine,s. . -2- 2, At the request of the Clty Manager, the Clty Attor- ney pre~red Resolution No. J102, Be1ng a Resolution or Intention to Acquire Certain Real Property for a Clty Parle. Councllman F1.tzgerald felt we should let it be known to the other property owners of the park sites that th1s 18 ava1Jable. He sa.ld he realized that thls pro- perty owner bad requested th1s Resolutlon. JIfayor DeIIpster cUd not reel that the City Attorney should be P""ed 1n the posltion to be advising citizens; he is NP".J_t.1ng the Clty. !loved ~,~n_., P1nch, seconded by Councilman Stokes, to adOpt" Reeolut1OD No. 1102. IIotlon carried, 5-0 3. The Clt7 Attorn_)' sald the City 1'.as always had a 9O-dQ' C1a1II Statute, under Ord1Dance No. 20, dated Jul7 16. 1956. Be proposes the City Councl1 re- c1nd Ord1.......e No. 20 and replace it wlth Ordinance No, 310. !(oved b7 Councllman Stokes, seconded by Councilman Noel, that Ordinance No. 310 be enacted. ~tlon carried, 5-0 VI t". -T Ie HEARINGS n. Jon Ryan: A;:peal: Tentative Map (2-,",-65); 7.3 acres south or Lucllle Avenue adjoinlng west side 01" Blaney Avenue. 1':. Jon Ryan, 952 Addlson Avenue, Palo Al";;o, preser.ted cc~ies or his Te~~~lve Map to th~ Councll. Cc~~:ilman Plnc~ req~ested r:ar.ning Commission Chairnv.n Gates state the ~sçr.s why :~i3 applicatlon was denied. C~.ai:'!llll.n Oates sald fc::~wlng bases: 1. thls application was denled on the -. EXcesslve denslty Lacl: of sub-dividabll1::;¡ Lack o~ an In";;ernal street pattern ~ J' !':. Ryan stated ~bat the slte, as such, could be developed u.~e!' the Ord.1.nance without internal publlc streets. They ha '"e planned two internal drl vews.ys . Mr. Ryan sald that the denslty ls a problem, apparently o~ the intent or the Ordinance 01" whlch he was not a'/are. He sald that, under the Ordinance, he could go to 2011 units, but that they only plan to put 1n 1711 unlts. Mr. Ryan sald that It ls not their intentIon to ever sub- rJl vide th1s prop.... !.Z . Th1s sutts them, Just the way 1 t ls. Mayor Dempster aslred what the helght 01" the proposed bul1d- 1r.g~ ls. Mr. Ryan sald they would be 2-story. Councllman lb_l aaked who would ta {e care 01" the malntenance of the 1nterlor streets, foI.r. Ryan sald the owner w"",ld, -3- - . - ~ . - CO'~~cllman Fitzgerald 3a~i the intent o~ the R-3 Ord1nar.ce has always been a max1murr. of 20 1.õI11ts per a~re. He real1zes t~at perhaps Mr. R:t'an "",, not aware of this, but the pro- perty owneI' was very Cluch awarg of this fact. Ma)'Or Delllpllter sald that Mr. Yamaoka stated at the tlme of the rezon1ng that he intended to bulle> 140 unlts on this property and bad very elaborate plans reflecting thill. The JI1mtea or the rezoning hearings s.re available ,.t City !laU. 'i'he City P1Íumer sald the Ordinance all01l11 4 stories here. Alao, 70Il caJmOt attach conditions to a rezonlng. He told the applicant the density was too high and adVised him to 101ler it. i'be problem here lst1".&t even higher density 1I8.S allowed b:T the Ord1nance at the tlme the application '411 made. Th18 1oophole 1n the Ordinance has been plugged GO this situation wl11 not come up agaln. Councilman lfoe1 wondered whether the homeown"rs could adequatelJ' -haDdle the street maintenance 01' ~hether It would be 'Juat patchwork. The City Manager said this ls not the concern of the City on private roadways. Councilman Stokes asked If the garages would be on ground level wlth 2 storles above. Mr. Ryan said the garages would be below grade, with 2 st~rles above. Mo~ed by Councl1man Flnch, seconded by Councllma~ Fitzgerald, to close the Public Hearing. This motlon was withdrawn to enable the audience to speak for or asalnst this appllcation. Mayor Dempster asked for commentq from the audlence. There were none. . Moved by Councilman Finch, seconded by Councilman Fitzgerald, to close the Publlc Hearlng. Motion carried. 5-0 Mo~ed by Councilman Finch, &econded by Councilman Stokes, that Mr. Don Ryan's appeal under 2-'n4-65 be denied because the property, as zoned, is pot sultable. It ls hoped the a?plicant wil: conslde~ rezoning to something more s¡,:itable. AYES: Councl1aen Finch, Fltzs"rald, Noel, Stokes, Dempster NOES: Nor.e Motlon carrled, ~-O B. OrdL~ance 2l4(a): Grad1ng, Excavatlon a: Rztaining Wall Ordinance. (First Reading.) Moved by Councilman Finch, seconded by Councilman Fitzgerald, to have Ordinance 214(a) read by title only. AYES: Councllmen Flnch, Fltzgerald, Noel, Stokes, Dempster NOES: None Motlon carrleJ, 5-0 This waø_døne b:T the City Clerk. Mayor Dempster uked for comments from the audience. -4- Mr. Ron :!blb;¡, 111:~ LaPaloma ~r1ve, l.·.'per~ino, :;a1d tha~ he l1ve3 1n the Third Unit of Baywocè 'I'err:!ce. Th1s past w1nter, th~y have had qu1te a ~ew water problems: water cnder the homes, and water bubbling up au" o~ the streets & nu~ber of days after rain storms. The Chief ~llding Inspector, \lhel. as:<ed, sald that this Ordinance has no particuiar connect10n with thls prob1em The D1rector of Publ1c Work8 8a1d the :;rad1ng Ordinance 111 lIet up to prevent nter under the homes. This Ord1naDee, however, 1s not retroactlve. There 18 notb1ns theJ' can do about the wet 8pots in the street at th1a time. Councllaan Stokes asked If th1s Ordinance carrles the necesaar,r clause8 for taking care of sub-surface drainS. The Director of Public Works :;a~d a geologist's report 11 required in marginal s1tuat1ons. Mr. Blll Jacobs, 11016 Linda Vista Drive, Cupertln~, sald he, too, had water under h1'-1 house. He asked if thls Ordlnance Is retroactlve as tar as hoc,,"s that are occupied but have not as yet had their fir.al 1nspeetlon. The CltJ' Manager said this is a situation to be handled between the developer and the homeowner. The Chief Building Inspector sald t~e BaYkoed Terrace people asked the City Council to allow people to move into the homes before the street work is done, and before the final Inspection. When his pecp"e arrive to make the 1"1nal inspection, the homeowners are wait- ing for t~em with 11sts of things wrong and a lú& of the things have no~hir~ to do wlth the Building Code, and should be lrcned out or tween thø deveì~r~r and the homeowner. ~~yo~ Dempster refe!'red Mr. Jacobs to the Puil~lng Departoent re:ardir.: !cls cc"'ÇI~__t3. Co~~cil~ Stokes wanted to ~ncw ocre abo~t the prob- lem of water bubbllng up from under the streets. The City Engineer said the bond" t.ave not been r"leased yet because the st~eets have teen accepted but are still under the c.ne··year :::ainter¿nce requirement. C. Ordlnance 306: Redefining Archltect~ral and Slte Con- trol Procedure~. (F1rst Reading.) Chairman Horgan said the H-Control wlshes to delete Sectlon 6.2 on the basls that it places additinnal del~ on the appllcant ·"hen tt.ere really does not seem to be any real need for It. Councllman Flnch felt the ~~blic should be apprised of the H-Control applications. Mayor Dempeter sald he has heard of no complaints about thls over the years. By law, we must advertise the other Clty Items, but he wondered how many people actua11y would read thes~ advertlsementa it they were publlshed. What practical purpose would they serve? Couno~ P1tzge~ld read _th1ng like: Commis.1on night will folloWing n1gh~.n suggested the advertisement could "All 1tecs passed on Plann1ng come before the H-Control the -5- Cc;;.r.,::~an Stokes sald this ordinance carr1e3 ':;he right of ap~a: ~o the C~':;y Cour.cl1, so ,:;r.e Pub11c would see about 1t tte:: and could ¡¡pea;; befcre :::~~ Council about a given app1~.::a~:\.on. Councl1=an Pinch suggested the H-Control meet the flrat and th1rd l\tesdays Ins~4ad o~ the second and 1"ourth. as a posalb1e solution to the tlme delay. Mr. J1:I &:Ia11, f01'ller ChIl1rœn of H-Control for II yesra, , said tbat the publ1c lId/or tt.e preBB Beldom come to H-Contro1 meet1nga. He felt Sþ.ct1on 6.2 would only Berve to turther delay the developer, and for no constructive reason. The Director of Plann1ng said this item came up through suggestlona from the Plann1ng Co_isslonera, who are con- cerned CI08t1y abo" t items which came through the Planning CollllDission some t~ ago a."ld then come in for H-Control approval without JI'Itt1ng the Public on notlce. Thelr l1ain con.::ern is the benefit Of the ?ublic. Mayer Dempster sald that theoretically, It seen:s 1"ine, but It ~oes not seem practical. Chal:"2!1 Horgan suggested t¡-.at it the Council decld"" to de:e~e Section 6.2, t~en Sec"le~ 6.3 sr.ould be changed to re3~ ·Sectlon 6.2" and Sectlon ~.l should be reworded to ref:'e:: th1a change. ~ MO''"è>: ::: Council"'~n Pltzgerald, seconded by CouncH':I8n Stc~es, to amend ?~oposed Ordlnan~e No. 306, deleting all of S:::~on 6:2. moving Scc~1on ê:: up to Eect10n 6:2; and ha\'~:-~ Section 5:1 read as fo:lcws: "Section 5:l: For the =~!';ese o~ de~raying the ex?Cnse involved fer plan che:~:~~~ in cc.nnectlcn w~.th an application for archite.::tural app!':~a:, a filing ~~.. of $15.:: shall accompany the appli- cat~:n. No fee shall ~e requ~!'~d if the appro~al is re- qu.!~'::' :y a condltlcn of 0. UZ2 Fer '¡']l~ or a Var1ar~ce Permit. II AYES: :ouncilmen ~nch, Pitzgarald~ Noel, Stokes, Dempster NOES: Sone Mo~1vn carried, 5-0 Move~ :y Councllman Finch, secor.de~ by Councilman Fitzgerald, tha~ ~jinance No. 306 be rea~ :y title only. Aì~: Councllmen ~~ch, Fitzgerald, Noel, Stokes, Dempster NOES: ~ne D. Motion carrled, 5-0 This was done by the Clty Clerk. O:'d1!'.a.."1~e 002(0-1): Amen(;.ing The Planned Community Ord1na.~ce No. 002(0) By Add.lnr; Uses Corresponding with Zones RlC, R2C. R24C. R3C ar.d PA-PH. (Plrst Reading) Mayer Dempster asked tor cO:llr.!ents from the audlence. There were none. Moved by Counc1lman lleel, seconded by Counc1lman Pitzgereld, to ha?e Otd1.naDce 110. 002(0-1) read by title only. AYES: NeBS: CoUDC11Jpen P1n=~, Fitz;erald, 11oel, Stokes, D-ðmpater None I Motlon carried, 5-0 -6- ~~13 was done è7 the City C:¿!'~. E. ~lnance No. 002(x): Re;t::a:ing Prof'e8sJonal Admlnl- s:ratlve Pa~~ Zones (PA-PH~ ard Light In~~trlal Park :Ones (MI-PH). (?1r~t Re~~lr~.) !Cayer Dempeter aaked 1"01' co=ents fro::! the aw11ence. !!:ere were _. It:lved by C01mcU-ft Noel. seconded by Councllman ?1tzgerald. to have Ord1nan~e 002(x) read by title only. &YiS: Couucn- Pincb. Fitzgerald. Hoel. Stokes, Detlpeter IOIS: Hone JIotlon carried, 5-0 !bis was done by tbe Clty Clerk. VII OIO:XA1i:BS AND 3æOLUTIONS FOR ADOPTIO}l Tœ:"!! were none. VIII PJ.:::~ BIu.s A. ::::SOWTIONS!IC. l~96 and 1297. R~s::":ion 1096 was read by Tr¿as¡;.rer Fltzgera:1. ~:7~: ty Councll~ Stokes, s¿~c~jed by Counci:=an Noel, t: :=:;t Resolu~i~n :096. A::::.¿: :ouncl1oe:: ?~nch, F1tz£e~ald, Noel, S~-c~:f:s. Dempster s~ -- ~cne ~c~lon -carr::'~j. 5-0 ~~~::_~icn 1097 vas read ~j T:ea<~rer Fitzgera:1. C:_:::ilman Stokes e.s':eå wha: ¡:¡-.ase of the Ci::r ?..all design Wa=-:-s::t No. 650'S re:'el'r~d to. ':".e City I'.a!l8ger said he w=_:! contact Yx. ~le8~jJ,g end ~~ve a verbal r~~~rt for :~e 1j~ourned ~ee~l~; the f~llcwi~g night. Co·¿ncilman S::A~S hoped we ~c~lj hzve t~~ ~rel1~1nary p:~. then. M~...t-= by Counc1l:ar. Pl;¡Ch, sec:!:jed 1::1 Co=ci:~a:: Stokes, t: ~=.:pt Resolu~lon No. 1097. A~~' Councilmen Pi~ch, Fitzge!'81j, Noel, Stc~es, Dempster t.'CE:;: None Mbtlon carried, 5-0 IX )Œ?:;::¡O OP OFFICERS I A. :;;'SPORT OP CIT!' TREASURER 3e had noth1Jls !'urther to report. B. !ŒPOR'l' OP c:tT!' IlANAGBR 1. Letter tro. Reaara. L. P. Bonaclch and H. L. Bead1ee. ~ tor a definite dec1alon on whether or not tile DOrtherly extension o!' Western Drive 1s to go tIIrough to Stevens Creek lnvd. !toved by Co1mCll.-n P1r.ch, Si'conded b7 Co~UIlllU1 StC'kes. to 1"et'er this item ';;0 the ?ldrr1ing Co_1saion for rec~DIS&Uon. JDtlon carried, 5-0 -7- " c. :e:~er fro~ ~a.,ta Clara C~~,ty safety COuncil asking ::-e C1t:, o~ Cu.,ertino ~(.r a h:d¡;c'; allocation of $300. Mc~i ~y Councl1œan Pinch, scconèed by Counci~man ~:r~~!'8ld, to ~irect the C~tj Staff to gather more data o~ -::-..18 before a dec1a1cn is œ,de. Mot1on carrled, 5-0 3. Letter t¡'n. 1Ir. .John W. Cone. Riches Research. Inc.. requestll.g _ter servlces be given to IIOIH property 1n Los Altos. Koftd by Councl~ 1'1nch, seconded by Counc11øaD Noel, to rder th1a to tile Vater Collll1sslon and have It re- ~..ed to the Co1mCn wlth reco_ndatlon. IIot1oD carried, 5-0 4. Street lights - Homestead High School. C1.:.;¡e!'1::1no has been asked to energize a street llght at tt'..1s location. Upon pbysical 1nspectlon. It turns out tœ:-e are six electl"011era, Whlch wl11 cost the Clty $':CC :0 $400 per year. Cc~~:~l~n Finch Eaid he would :~~e to create an atmos- pJ:~:,~ cf harmony with Sunnyvale at this point, and is i~ ~~~~r of energizing these :ights. Cc~:~l~n Sto¿es ~ld there ls r.o question that thls J:~~, s:::ool is wlt:-.l1': the C1t:: of Cupertino and we have a ~!'al obligatio~ ~ere to lig):: tJ:e street. ~:7~: =y Counc11~~ Pinch, sec~~jej by Councilman Stokes, t: ~~s:ruct the C1ty Ma~~ger :0 write a letter to Sunny- ,~:= ~~dIcating t:-¿t we ~11l er.e!'glze the sIx electro- l~~~ ~:1 front ef Ib!:lestead Hi;:: S~hool. Mct~o~ carried, ;-C " -' 5::spital Re;:o::-': ~!'. 3c~ ~cott, 23396 Montclair ^aj, Los Altcs, spoke for t::'~ R.::ary C:'ut en t..e~l f of t~~ hosp1 tal repor't. He ex;:a~ned the R~~r.7 Club ie wl:1i~g to gat~er the data and :e: the Healtr. Planning Facil!t. c~mpile It. The R:~~!'7 Club wou'd then publicize ~he project and dis- s,=i~~:~ the res~ltlng info~~lc~ to the public. Cc-~:~l~n Stokes ~5ked Mr. ~co:t what the7 felt com- prised the "Cupertino Area." Mr'. S.::ot~ answered that i-: is !'Oughly the Cupertino S~¡-.col District. He was aso:-=-= lf this wo~ infringe on the El Camino Hospltal Dis~!'~.::t. MI'. S:ott sald they would also ask the E. :a'l1no Hosplta1 tor a propo~al. Cc=.:~lman Noel asked whether ~hls mlght result in a hos;~~l ot o~r c~. Mr. Scott said this could be, if tha-: ~s what the data 1ndlcates; it i3 too soon to tell unt~l the data is gathered e.nd compiled. Co:mcllman Pltzgera1d wanted to know who would _ke the report from this data. Mr. Scott said It wouJ.d come fr-..œ: the RotaI7 Club. with the cooperation or the IIos- pitA: AdvlsoI7 Board. Mr. Bob iianson has Indlcated there we: be no chargt! rreta either ,~o! City or the BoUI7. -8- ~::yed by CO'tneil!lli1:1 !Joel, seconded by CounciJ oan Pinch. "- a::thorlze the P.otary CJub to handle this pro~e~t, at ~: CJst to the C1~ c: Cu;~~~lno. Mot1cn carr~e1~ 5-0 6. In I'~sard to the request from YestwooC: oaks to consider the dlsannexat10D o~ a school s1:;e which would be adja- cent to and 1Dc1114ed J.n Vallco Industrial Park.: the C1ty ICaDager and Mr. 1IIJ.ter ward. of Valleo Park. attended a Board Meet1Dgwhere ~ _s revlewed. Mr. Ward II&1d there ..s II1s1Dr~tion ot tacts. so the Seboo1 Board dld not take ~ ~ion at this tlme. I1" th1s shou1d come up apm. we 1d11 be notifled. c. REPORT œ> DIRBC'l'OR (Ø' I'UBLIC WORKS The Dlrector aa1d :rt_ 1 through 3 of h1" wrltten report are slt:1ply progress reports. 4. The Dlreetor had the City Attorney ~vlew Resolution 50. 1103, and he adv~sed enactment. So ~yed by Counciiman Finch, seconded by Counciloan Stokes. AYES: =~unrilmen Piner., Fitzgerald, Noel, St07.e8, ~~pster NOES: Nç!:c Mc~lon carried, 5-0 Iter.s =, t and 7 are ;::-: ,:~ss rc;>crts. REPC?: C? CITY FJ;Gn~ 1. ?a'~: .swanson. ~~ c::="<' c:- Steve"s Creel< Blvd. ar::! ~~s:a Drive: ~.e C~:7 =ngln~er r~com~ended he t~ given a~:~~r1zatlon tc ~~~~~ ~he develvper and his L~~11ng : :~pa:"~ that the ~;'~\"f:~ent L'Onàs rr.a:l n~w be r~-:~re1. So r.¡=.,,~~ ~y Coun"~11=ar.. :;:.~¡.. &e~cnùed by Counc1ical: Pltzg--=:-a:j. AYES: =~~ncilmen Fln:h, ?ltzgcrald, Noel, Sto~es, ~~pstcr NOES: ~~ne Mo~lc~ carried, 5-0 2. S~~:a Lands. so~tr. slde of Homestead Road at Steve~s Creek. :~~ City Engineer recommended adoptlon of Resol~tion Sc. :101, accepting roadway dedication from Sim:a Lands, Ltd. So mcyej by Councl1man Stokes, beconded by Councilman F1t~ge!'!ild. AYES: Councl1men Pinc~. !>1tzgerald, Noel, Stokes, De"'pster NOES: None Motion carried, 5-0 3. Kc:n 011 ComP8ll3'. SE corner Stevens Cree:< Blvd and Stelling Road. The Clty Eng1neer re~cmoe~dpd adop~~on of Resolutlon 1098. Approving Pinal Plana. -9- So moved by Coul1cl1:nan P1~zgerald, seconded by C':1mcllrna.n Hoel. AYES: Councilmen F~nct., F1tzgerald, Koel, Stokes, Dempster JfOBS: None Motion carried, 5-0 ~ C1ty Englneer recoaaended adoption of Resolutlon No. 1099, Autnor1z1ng Execution ot ~~ement. So IDOVed by Council1ll8D Noe1, seconded by Councilman P1tzgera1d. ~: Councilmen Pinch, lP1tzgerald, Noel, Stokes, Dempster Ø)Jœ: None Motlon carried, 5-0 The Clty Eng1neer recocmended adopt1on 01" Rebolut1on No. 1100, Accept1ng Roadway Dedication trom A.J. & H.E. Wlll1ama. So 110Ved by Councl1man Noel, seconded by Councl1man Pltzgerald. AYES: Councl1men Pinch, Pltzgerald, Noel, Stokes, Dempster JfOES: None Motlor. carried, 5-0 E. REPORT OF BUILDING INSPECTOR He had no further report. " REPORT OF RECREATION DIRECTOR 1. The Parks & Recreation Co~isslon !~s elected to ~ee" the second and fourth ~esday~ froCl now on in the Colllns School Librar'J. 2. Announcement of th~ Ballet po>rforma~ce. stead H1õh School. C~pe~ino Recreation Depart~ent's "0 be held May 21 and 22, at Hoo~- hll a~e 'nvi~ed. (8. REPORT OF DIRECTOR OF PLANNiI:r; He had no further report. X ~JlISHED BUSINESS A. The City Manager called attention to the League 01" California Clt1es' Bi-Monthly Þ!eetlng on May 27th, at The Leopard, in San Francisco. Speaker: Mr. Leo R. Friedman. B. Kayor Dempster called for a 5-m1nute break at 9: 35. The Council ::oetumed at 9:45. C. Councilman Stokes asked the D1rector of Planning 6~ut the progress of the Interlm Zon1ng C!'d1nance at the Planning Comrds&ion level. The Director of Plannlng sald th1s has been subject to study and ls a part of a dra!'t. It OOS not been considered 1ndlvidually. -10- n !rei BUSINESS A. Councll:nan Noel moved; seconded by Councilman Fl1;zgerald, to dl!'ect t~e City Manager to write a letter or commenda- tion to t~e JC' s 1n re¡;ard to their fine "Mlss Cupert1no Pagaent. " Motion carried, 5-0 DI AD.TOORNMBRT IIoved by Councilman Pinch, .ecoDded by Councilman Noe1, to adjourn to to1DOrrow evening. May 18th, 8 P.M., C1ty Ball. Moti.on cat"rS.ed, 5-0 IIa70r Dempster announoed tt-.e next regular Clty Cauncll _ti.ng wl11 be held June 7th, at the Portal School T.1_"'rary, at 8:00 P.M. Meet1ng adjourned at 9:;J P.M. APPROVED: /s/ J. Robert DemDster ~layo r J.:._....~:-: -- ¡ tt1.c..v-,t.~ --- 1- KA-.k City Cler;: -11-