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CC 07-06-6510321 SOUTH SARATOGA-SUNNYVALE ROAD 252-4505 Cupertino, California 95014 C I T Y O F C U P E R T I N 0 California MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - July 6, 1965 PLACE: Library, Portal School, 10300 North Blaney Ave., Cupertino TIME: 8 s 00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch (8:15.), Fitzgerald; Noel,Stokes Dempster Councilmen absent: None Staff -present: City Manager, Phil Storm Dir. of Public Works, Frank Finney City. Clerk, Larry Martin Dir. of Planning, Adde Laurin Chief Bldg. Inspector, Bill Benevich III MINUTES OF THE PREVIOUS MEETINGS - June 21 28, 1965 Moved by Councilman Stokes, seconded by Councilman Noel, that the minutes of June 21.be approved as submitted. AYES. Councilmen: Fitzgerald, Noel, Stokes, Dempster NOES: None ABSENT: Finch Motion carried, 4-0 Moved by Councilman Stokes,.seconded by Councilman Noel, that consideration of minutes of June 28 be postponed. AYES: Councilmen: Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: Finch Motion carried, 4-0 IV OPAL AND WRITTEN COMMUNICATIONS WRITTEN: 1. League of California Cities: Legislative Bulletin dated June 28th. 2. Public Utilities Commission: Investigation into the re- quirements for a general order providing rules governing construction of underground electric and communication lines in the state of California; also, investigation into tariff schedules, rates, rules, charges, et cetera. 3. Public Utilities Commission: Opinion and order in the matter of the application of San Jose Water Works for an order authori.zing.it to increase rates charged for water service in order to,offset certain ground water extraction charges. 4. County Trafficways Committee: Asking -.names of delegate and alternate representatives to the Committee. - 1 - 5. State Department of Finance: Certifying the population of Cupertino as 11,150 on April 1, 1965. V A.� REPORT OF THE PLANNING COMMISSION Robert Johnson, Vice Chairman of the Planning Commission, briefly reviewed and summarized the actions of the Planning Commission taken on June 28th.. B. REPORT OF TIIE ARCHITECTURAL AND SITE APPROVAL COMMITTEE Chairman Horgan advised the Council that no actions were taken by his committee at its last meeting, June 22, 1965. PUBLIC HEARINGS MACKAY HOMES: Application 8-Z-65 to rezone 33 acres, approximately, from R-1:B-2 to R-1, adjoining the east -Z-GJ side of Foothill Boulevard, south side of Hartman. -`1M-G5� Recommended for approval by Planning Commission Resolu- tion No. 272 June 14, 1965. (Ordinance 313) I George Somps represented the applicant and posted a map of the site which he described as the former Eaton property, Applicant is asking City to rezone from R-1:B-2 to R-1, approximately 33 acres. He also referred to the one acre in the next application -on the agenda. Mackay is seeking R-3-H on Application 7-Z-65. Somps combined items VI A and VI B in his presentation. The R-3-H phase is composed of five lots fronting on Foothill Blvd. He said the present zoning would allow three lots. He is asking for R-3-H which requires archi- tectural and Site approval in order to assure compatibility with the immediate neighborhood. In describing the sur- roundings, he said that Cook and Wilson have had property zoned R-3-H along the east side of this site and on the westerly side of the site across Foothill Blvd. Pringle - wood Subdivision has R-2-H immediately to the north of the Mackay property. On this basis, he described the applica- tion as compatible with the existing zoning and comprising a logical pattern, which would have no adverse influence on the adjoining R-l. He is proposing a split level street with a divider between two 30-foot sections. Councilman Noel asked the applicant what is proposed for the lands marked Santa Clara County. Somps answered that the area marked "Lands of Santa Clara County" is designated for the widening of Foothill Blvd. The Mayor called on those people who submitted cards indi- cating they wish to speak. Walter S. Ainsworth, 10629 Ainsworth Drive, posted a map of the entire area and described the developments thereon. Four weeks ago a nearby house sold for $43,500. Creston Drive is the longest cul de sac in the County, he said, in referring to the circuitous route necessary to reach Foothill Boulevard. At the present time this is the only way to get in or out of Creston Subdivision. StarlinE Drive is only 38 feet from curb to curb and Creston Drive will be permanently closed due to the freeway construction, At the present time the traffic through Creston Subdivision is very.heavy, including school buses. The vast majority of the people are traveling north causing even greater congestion. He reviewed the fact that all of the lots in Creston Subdivision (which is outside the city limits) are 10,000 square feet or more. The houses in Rivercrest Subdivision, which is within the city limits and located - 2 - I at the far end of Creston Drive are also very expensive, some as costly as $65,000. With a 5-acre park site nearby, Mr. Ainsworth claims that it is not good planning to route all those people and all that traffic through one narrow entrance. He closed by stating that the applicant wants to use existing streets paid for by others to serve his new houses. Adde Laurin, Planning Director, said that a third access was a condition of Planning Commission approval, also, that the density is limited to 111 lots. George Somps stated that the average lot size would be 9,555 feet and would thus conform to existing zoning although nomin- ally different from R-1:B-2. Brainerd Plehn, 10538 Chace Dr., asked about the other two access roads indicated by the City Planner. Laurin described them as Crescent,Starling and Alpine, Mr. Plehn said that one road only is actually proposed by the applicant but the Planning Commission would apparently like three. Also, the proposal will involve dumping the apartment traffic directly onto Foothill Blvd. He referred to the fact that Creston Drive, now closed, was 60 feet in comparison to its substitute named Starling which is only 38 feet. David Minnery, 22160 Cloverleaf Court, asked that the petition be.read as it was submitted to the Planning Commission. The Mayor called for a reading of the petition which was signed by 198 people. Jerry Newcomer, 22371 Hartman Drive, stated that he agreed with other speakers; that he is opposed to the application. He also said that an additional right of way could be secured by sacrificing one or two lots. Nadine Raymond, 22351 Hartman Drive, agreed with the other opponents and reiterated that one means of access is not suf- ficient and that the additional traffic through Starling Drive would be inconvenient and hazardous because the street is a terrible problem now. Mrs. Warren Roberts, 22391 Hartman Drive, said that the use of Crescent is not feasible since it would make an impossible grade to Stevens Creek Road, in her opinion. There were no further speakers on the subject; moved by Councilman Finch, seconded by Councilman Stokes, that the public hearing on application 8-Z-65 be closed. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 Mr. Laurin explained that Foothill Blvd. is presently combin- ing the functions of an expressway, a local street, and a playground, thus causing some of the problems mentioned. He said he is in favor of saving the ornamental oak trees. Councilman Fitzgerald asked if it is possible to create access over to Alpine Drive. George Somps referred to Lots 18 and 19 stating that an ease- ment in that location would connect to Alpine assuming they could get the adjoining owners to deed the necessary right of way. The other owners are Cook and Wilson and their prop- erty is now zoned R-3-H. Somps stated that Cook and Wilson would probably be willing if the Council would make them some -3- 0 concession on lot size in exchange for the right of way. Councilman Noel asked if they can consider the zoning properly without seeing the tentative map. Mr. Laurin answered in the affirmative. George Somps stated that the adjoining subdivision controlled by Cook and Wilson had been presented to the County prior to the incorporation 'of the City of Cupertino. Subsequently the property was an- nexed to the City and one access road was eliminated by the City Council from.the LaCresta Subdivision, Unit No. 2. If the City can negotiate with Cook and Wilson for additional j right of way, it would help the traffic situation, he said. Councilman Stokes asked the Director of Public Works if the divided street is agreeable to him. Mr. Finney answered that a divided street.is an acceptable way of doing it providing the grade is not too steep. Councilman Finch, in referring to the tentative map question raised by Noel, stated that the land use is now the question, that the zoning is the matter before them, that the tentative map will be presented soon and will have to be considered by the Council at that time. He maintained that he can see no other use for'the property and the question of the street pat- tern must be considered as a part of the tentative map. The Mayor took the position that the access should be indicated in the motion relative to zoning, that another access in addi- tion to Starling should be provided, that if the property is to be R-1, adequate use of Alpine. Drive and Crescent Drive must be secured. Moved by Councilman Finch.that application 8-,-Z-65 be approved as per the recommendation of the Planning Commission in Re- solution 272. Seconded by Councilman Fitzgerald. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: 'Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 Ordinance 313 rezoning the subject property was given first reading. VI B. MACKAY HOMES: Application 7-Z-65 for rezoning 1.1 acres from R-1:B-2 to R-3-H; east side of Foothill Blvd. Denied n�^ wk by Planning Commission Resolution No. 271 June 14, 1965. C�,I-wt Appeal. Walter Ainsworth, 10629 Ainsworth Drive, stated that all the people in Pringlewood object strenuously to apartments up against their houses. The beautiful homes on Starling Court would suffer substantial depreciation in the event that the proposed apartments are constructed, he said. George Somps-said that the applicant would be willing to tape R-2-H if the City Council prefers. Moved by Councilman 'Noel and the hearing be -.closed, seconded by Councilman Finch. AYES: Councilmen: Finch, Fitzgerald-, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5=0 4 _ Councilman Noel asked if the lots are 9,300 square feet as required by City Ordinance. Somps answered in the affirmative. Councilman Noel asked if applicant planned to remove the large oak trees on the site. Somps answered that the builder is very much interested in saving the trees, as much so as anyone else, since these trees do have a monetary value, perhaps $1,000 apiece, which when added to the cost of several hundred dollars to remove amounts to a substantial sum. Councilman Noel asked if they could put R-1 on any of the five lots. Somps answered that the application represents the high- est and best use of the land. Mr. Laurin said that the preservation of the oak trees is a valid reason to deny. It is especially hard to save trees in an R-3 zone because of the parking requirements. The Planning Commission has voted.to.deny the application, the implication being that R-1 is the proper use. Robert Johnson of the Plan- ning Commission stated that the street pattern should face internally. Councilman Fitzgerald said the slope would make it difficult for the traffic to use Foothill Blvd. He said the property should be R-1. Moved by Councilman Fitzgerald that application 7-Z-65 be denied. Seconded by Councilman Noel. AYES: Councilmen: Fitzgerald, Noel Dempster NOES: Councilmen: Finch, Stokes ABSENT: Councilmen:- None Motion carried, 3-2 VI C. WARD CRUMP DEVELOPERS: Application ll-Z-65 to rezone 4.6 acres adjoining west end of Gardena Drive from R-1:B-2 to R-24-H. Recommended for approval by Planning Commission Re- solution No. 275 June 15, 1965. (Ordinance 314) No opposition appeared. Moved by Councilman Finch that the public hearing be closed. Seconded by Councilman Stokes. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 In answer to a question Ward Crump stated that the adjoining property does belong in Cupertino and he has no objection what- ever to an annexation. Moved by Councilman Noel that application ll-Z-65 be approved as per Planning Commission Resolution No. 275. Seconded by Councilman Stokes. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster. NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 Ordinance 314 was given the first reading. VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. RESOLUTION NO. 1121: Approving Final Plans for the Improvement of M-1 Corner Saratoga -Sunnyvale Road and McClellan Road. -5- Moved by Councilman Finch that Resolution No. 1121 be adopted. Seconded by Councilman Stokes. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 B. RESOLUTION NO. 1122: Authorizing Execution of Agreement by Mayor and City Clerk. Humble Oil. Moved by Councilman Finch that Resolution No. 1122 be approved, Seconded by Councilman Stokes. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 C. RESOLUTION NO. 1123: Accepting Dedication of Real Property for Roadway Purposes. Moved by Councilman Finch that Resolution No. 1123 be adopted. Seconded by Councilman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 D. RESOLUTION NO. 1128: Fixing Property Tax Rate for 1965-66 Fiscal Year. Moved by Councilman Stokes that Resolution No. 1128 be adopted. Seconded by Councilman Fitzgerald. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 VIII PAYING BILLS A. Resolutions No. 1126 & 1127. Moved by Councilman Finch that Resolution No. 1126 be adopted. Second by Councilman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 Moved by Councilman Finch that Resolution No. 1127 be adopted. Seconded by Councilman Noel.. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 - 6 - IX REPORT OF OFFICERS A.,REPORT OF CITY TREASURER He had nothing further to report. B. REPORT OF CITY MANAGER 1. The City Manager asked Council to authorize a letter to Pacific Telephone and Telegraph asking their'cooperaton for the underground utilities in Cupertino Town Center. Moved by Councilman Fitzgerald; seconded,by Councilman Finch. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes,_ Dempster NOES: Councilmen: None ABSENT: Councilmen: None Motion carried, 5-0 2., Twin Palms Developers are requesting a refund;for.the. installation of an 8-inch water main into their tract. The Cupertino Water Commission has taken this u.naer advise- ment and will on July 14th make a recommendation to,the City Council; C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Preliminary layouts for the Stevens Creek Boulevard Im- provement Project --Highway 9 East have been reviewed, modified and returned to the County for incorporation into their plans. Mr. Finney asked the Council if they wished the plans, on re -submittal from the County., to be referred to the Planning Commission for recommendation or to go directly to the City Council. The Council advised Mr. Finney to refer the plans to the Planning Comm�ss,.on,, 2. The Regnart Creek plans are ready on a preliminary basis and will be going to the County Flood Control for their review; D. REPORT OF CITY ATTORNEY No report. E. REPORT OF BUILDING INSPECTOR No report F. REPORT OF RECREATION DIRECTOR John Parham reported that the summer program is in full pro- gress and everything is going very well., G. REPORT OF CITY PLANNER Adde Laurin stated that he has six.items to repo.rt.to the Iti � 1 UL1 T G� City Council;; : 'i 1. Bonacic,n arid. Iieadlee Request for aban onmeht of . exte,xsion of We -stern -Drive to Stevens Creek Blvd; The Planning Commission by a 4-1 vote has recommended abandonment,Hof.:a street area thirty feet by.`87- .feet. Mr. Laurin said that at least a tedest�ian•passage.is needed. City planning should make it possible for people to walk in a few minutes to post office and shops, et cetera.; instead of forcing them to drive. -7- The Mayor said the question should be advertised as a public hearing and should be open to the public if the Council is to consider the matter. Councilman Stokes said that the question this time has been precipitated by Bonacich and Headlee, the adjoining owners. Councilman Stokes said that he cannot see any immediate basis for a decision by the Council. Councilman Finch took the position that the question should be decided now rather than subsequent to the development of the remaining Wilson property along Stevens Creek Blvd, because the disposition of this right of way will directly affect the nature of the devel- opment. He proposed this as the procedure rather than a decision to wait and see what happens along Stevens Creek Blvd. Councilman Fitzgerald said he is in favor of dropping it. Moved by Councilman Stokes that the application of Bonacich and Headlee be denied. Motion dies for lack of a second. Moved by Councilman Finch that the City permanently abandon the extension of Western Drive. Seconded by Councilman Fitzgerald. AYES: Councilmen: Finch, Fitzgerald, Noel, Dempster NOES: Councilmen: Stokes ABSENT: Councilmen: None Motion carried, 4-1 2. Glen D. Newton: Application.for Use.Permit for commercial use of a residential structure at 2038.1 Stevens Creek Blvd. U —� Mayor Dempster vacated his seat at this point (9:45 P.M.) and left the hearing room. Gary Stokes, Vice Mayor, assumed the position of Mayor Pro Tem.. Councilman Finch said he is opposed to the use of any resi- dential building for any type of business; the City has taken this same position in the past. James Jackson represented Newton and identified the struc- ture as being three houses west of Scott Auto Stores. Moved by Councilman Finch that the use permit be denied. Seconded by Councilman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes NOES: Councilmen: None ABSENT: Councilmen: Dempster Motion carried, 4-0 -, 3. Standardized Zoning Nomenclature ' Moved by Councilman Finch that the City of Cupertino Support LA" the proposal submitted by the Inter -City Council of Santa 4\� Clara County, standardizing zoning nomenclature for the County and the Cities within the County. Seconded by Council- man Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes NOES: Councilmen: None ABSENT: Councilmen: Dempster Motion carried, 4-0 8 - 5. Amendments to Zoning Ordinances. The Planning Director reported that t''ie Planning Commission nas recommended chat the zoning ordinances be amended in certain respects. Therefore, public hearings will be held before t.ie Planning Commission initially and then before the City Council Mayor, pro tem Gary Stokes advised the City Manager to notify the interested parties prior to c_�e hearings. Mr. Laurin reported that his office is retyping the resi- dential zoning ordinances. The Planning Director reported that he 1�as written a letter to Askam-Jones Enterprises concerning the recent application and concerning Mill developments. Mr. Laurin said that the City needs an ordinance amendment in order to preserve the Bills and to regulate hill development in such a way that the builders can proceed. A draft of the proposed policy for hill developments at the Planning Commission's next meet- ing and advertised as a public hearing. Such policy will then be submitted to the City Council. X UNFINISHED BUSINESS A. Outside Rate for Water Connections Moved by Councilman Finch that the matter be postponed. Seconded by Councilman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel Stokes NOES: Councilmen: None ABSENT: Councilmen: Dempster Motion carried, 4-0 B. Study Session -- Park Sites (Landscape Architects, Park Priorities, et cetera) Moved by Councilman Finch that the matter be postponed. Seconded by Councilman.Fitzgerald. AYES: Councilmen: Finch, Fitzgerald, Noel Stokes NOES: Councilmen: None ABSENT: Councilmen: Dempster Motion carried, 4-0 C. Miscellaneous -- None XI NEW BUSINESS A. Road Priorities The City Manager reported that the improvement and widening of Bubb Road at Regnart Creek can be accomplished with Collier -Unruh Gas Tax. The re -alignment of Regnart Creek and Regnart Road is also a project for consideration this year. This project -- Bubb Road at•the creek along with the re -alignment of the creek and Regnart Road can be done in two sections or it can be done as one project. Mr. Storm said that he imagined a better bid would be available if done in one project. He recommended that the Council authorize the plans and specifications for the Bridge and also for the re -alignment of the Regnart Creek and Regnart Road. The Bridge plans must have state approval since the con- struction will be financed -by gas tax. Frank Finney, Director of Public Works, stated that the estimates for the Bubb Road culvert-is,$43,000. This would include removal of the existing bridge. Thetotal project including re -alignment of the Creek and re -alignment -of Regnart Road is estimated at $99,268., say $100,000, The estimate made at the May 18th meet- ing is.not changed .sufficiently to alter the.project in any way. The,remai.ning $56 - 57,000 over and above the aforementioned $43,000 for the Bubb Road culvert would be split between the developer Ward Crump, the City,,and the County,Flood Control. Mr. :Finney said that County F1.00d'Control will:co.ntribute about $12,000, toward the entire project, 'this being the amount they estimate they can save on the future maintenance of the creek. The beveloper of Baywood Terrace has previously.indicated he would contribute $17,000 "toward the cost of this project. That would leave about $27,000 as the.City's share.of the second phase - Mr. Finney concluded by.saying there is.a slight possibility that County Flood Control might add $5,000 to their payment. .Mayor pro tern Stokes said that the Council should review the entire capital improvement program before deciding on this par- ticular.item. -:The City Manager stated that the Stevens.Creek Blvdproject will cost around $700,000 including $25,000 from the City. The L.I.D. around DeAnza College is estimated by the consulting civil engineers at $1,358,000. This would include the City expenditure of $25,000 for a traffic signal at Stelling and Stevens -.Creek Blvd. -- a 4-way type with provision for left turns. Another signal would cost the City $5,000, that being 50% of the expense for a signal at Stelling and Peppertree. The.City would incur a..$10,Q00.obligation for an island in Stevens Creek Blvd. mak- ing the total $65,000. The City Manager reported that there will be approximately $156,000 of gas tax funds available by June 1966., The reloca- tion of storm drain lines will be paid from the storm drain funds.:, He reiterated that the Bubb Road culvert and Regnart Creek and Road projects could proceed if Council authorizes :the plans and specifications.. They will go first to the State and then back to the City Council for final decision. In this way the project could be advertised and contract awarded before the winter months,. Relative to Mr. Crump's payment of $17,000, an agreement could be prepared for his. signature at-the'time of awarding the contrac,. Mayor pro tem Stokes indicated approval of the entire project run- ning around $100000 but questioned the procedure whereby Mr. Crump would pay in his share. He'asked about the possibility of having an agreement prepared for Crump's signature at the present time and prior to advertising the plans and specifications. Mr. Crump stated that he had formerly indicated willingness to pay $17,000 toward the project. He re -affirmed the fact that he will pay $17,000 toward the cost of the project. Moved by Councilman Finch that the City staff be authorized to proceed with the preparation of the plans and specifications for the Bubb Road culvert and the Regnart Creek re -alignment and the Regnart Road re -alignment as indicated.. Seconded by Council- man Noel. AYES,:,., --Councilmen: `Finch, )'itzgeraid, Npe1,, .;Stokes NOES:.: Councilmen,; None ABSENT: Councilmen: Dempster' Motion carried,' 470` X1. B MISCELLANEQUS 1. Mayor pro tem. Stokes referred'to'As'pembly,'BilJ )115,0.-T. Neighborhood Park ' Dedication' 'and suggested that the City sign a Resolution to the Governor urging the Governor's - 10 - immediate approval. The bill would authorize cities and counties to require the dedication of the land or the pay- ment of fees or a combination of both for neighborhood park and recreational purchases, as a condition to the approval of a final subdivision map. On the advice of the City Manager Mayor pro tern Stokes moved that a letter be sent to the Governor urging passage of Assembly Bill 1150. Seconded by Councilman Finch. Ward Crump Laid tfiat as Vice President of the County Building Association, as a subdivider, and as a home owner, he considers the bill a discriminatory tax on the new home buyer requiring him to provide park and recrea- tion facilities for the entire population. He urged the Council strongly not to send the letter. AYES: Councilmen: Finch, Noel, Stokes NOES: Councilmen: Fitzgerald ABSENT: Councilmen: Dempster Motion carried, 3-1-1 2. PZayor pro tem, raised the question of selling untreated imported water. The Water Conservation District is trying to form the policy for the Board of Supervisors. Mr. Stokes suggested that this question be referred to Cupertino's Water Commission: Moved by Councilman Finch, seconded by Councilman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes NOES: Councilmen: None ABSENT: Councilmen: Dempster Motion carried, 4-0 3. Councilman Noel said that Pacifica is apparently opened for traffic to Highway 9. He suggested a "Stop" sign or "Yield" sign in order to control the traffic. The City Manager stated, however, that the road is not actually open for traf- fic at this time. 4. Mayor pro tem. questioned the method of payment for the traffic signal at Stelling and Stevens Creek Blvd. and whether or not it could be charged to some agency other than the City. The City Manager answered that the college is not actually the owner of any one of the four corners. However, he said that he will meet with the attorney and engineers this week and this question can be considered; it is up to the property owners to arrange the assessment spread. Mr. Stokes said that adjoining owners have in the past been re- quired to contribute to the cost of signals and since policy has been set on the subject, it is not fair to disregard precedent at this point, not fair to the businessmen who have paid for signals in the past. He said he feels a moral obli- gation to maintain the same system. If the City is scheduled to pay half the cost of the signal at Peppertree and Stelling with the assessment district to pay the other half, how is it that the assessment district is scheduled to make no payment for the signal at Stelling and Stevens Creek Blvd. The City Manager answered that the signal at Stelling and Stevens Creek Blvd. is wholly within the jurisdiction of the city while the Peppertree signal is at one entrance to the college and the college owns the adjoining property which is not the case at Stelling Road. Councilman Finch said that the College is another public agency in contrast to a private enterprise. He said it is important to the project to proceed as is rather than burden the L.I.D. with any additional costs. Referring to the experience in another assessment district along Stevens Creek Blvd. east and west of Blaney, he said that additional costs threatened the en- tire improvement district. XII ADJOURNMENT Council adjourned to' an -eX.e'oiztive session, at 10:40 P.M. Council reconvened at.11:07 P.M. Moved by Councilman Stokes,, seconded 'by Councilman Finch that the City purchase an used air compressor From the State for $ 475. AYES:- Councilmen: Finch, Fitzgera1d,;'Nge1,, Stokes NOES: Councilmen: None ABSENT: Dempster Motion carried,.4.-0 Meeting adjourned at 11:08 P.M. to Friday, July 9, at 6:00 P.M. at the City Hall. APPROVED::, /s/' J. Robert Dempster Mayor ATTEST: City Clerk - 12 - 10321 SOUTH SARATOGA-SUNNYVALE ROAD 252-4505 Cupertino, California 95014 C I T Y O F C U P E R T I N 0 California MINUTES OF THE ADJOURNED REGULAR COUNCIL MEETING - July 9, 1965 PLACE: City Hall TIME: 6- 30 P.M. I ROLL CALL Councilmen present: Finch, Fitzgerald, Stokes (Mayor Pro Tem) Councilmen absent: Dempster, (Mayor), Noel Staff present: City Manager, Phil Storm City Clerk, Larry Martin The City Manager briefed the Council on the Resolution and Agreement before them. II Moved by Councilman Finch, second by Council Fitzgerald, that Resolution No. 1130 be adopted, accepting Grant Deed from Thomas G. Ross and Elsie M. Ross, his wife. AYES: Councilmen: Finch, Fitzgerald, Stokes NAYS: Councilmen: None ABSENT: Councilmen: Dempster Noel III Moved by Councilman Finch, second by Councilman Fitzgerald, that Resolution No. 1131 be adopted, authorizing issuance of warrant for the purchase of real property. (Ross) AYES: Councilmen: Finch, Fitzgerald, Stokes NAYS: Councilmen: None ABSENT: Councilmen: Dempster, noel IV Moved by Councilman Finch, second by Councilman Fitzgerald, that the Mayor and City Clerk be authorized to sign the Escrow Agreement between the City of Cupertino and Thomas G. Ross and Elsie M. Ross, his wife. AYES: Councilmen: Finch, Fitzgerald, Stokes NAYS: Councilmen: None ABSENT: Councilmen: Dempster,.Noel V Moved by Councilman Finch, second by Councilman Fitzgerald, that the City send Councilmen Stokes, Dempster and Finch to the Sanitary District Convention at Lake Tahoe on July 15th, 16th and 17th. AYES: Councilmen: Finch, Fitzgerald, Stokes NAYS: Councilmen: None ABSENT: Councilmen: Dempster, Noel VI ADJOURNMENT Meeting adjourned at 6:35 P.M. APPROVED: Is/ Gary Stokes Mayor Pro Tem ATTEST: Lawrence K. Martin City Clerk JØ321 SOI1l'H SAP.\l'OOÁ-SUNllYVAŒ JIQiD <:' _ L1no, CaU!om1a 95014 - 252-4505 CITY OF CUPBRTINO C&J.1ØJftU& .... - -- 01 'f11B lŒOOLAR 1mAu..t 0. 'ftI!': ern CouNCIL - Ju11 6, 1965 ~;.-. .,-::: L1~I'U7. 1'I)Ñ1 Scb001. 10300 !forth ¡¡1a....,y Ave., Qapert1Do ",,!_,(,: : _ 8:00 P.II. :,; £ ~-~" sir.uB ~ 'ftII PrAO D -.u. CAU. - Cl:llmcl~ present: nIICb (8:15), P1tqerald, NOel.StoJœa D _ 'er COimc1~ abeent: JIQae Staft PNHDt: C1Q "-pr, Ph11 Storm Mr. or ~l1c Wol'b, Prr.nk ~ C1Q C1eztt. !a~ Martin Mr. or Plann1ng, Adde !aurin Cb1er Blds. Inspector, 8111 Benev1ch x::r.t XDII11'ES:? T!IE PREVIOUS ....uJOUS - June 21 :: 28, 1965 Moved 1:7 CouncllG1anStoJœa.Mécmded by Councilman Noel, that t¡>e m1..~:o~es or June 21 be approved as subcl1tted. _,YES: IfOES : A!:SEN'I': ::"ouncilmen: Sene ?inch !"1tqen.ld, Noel, Stokes, Dempster Motion carr1ec1. 4-0 Moved ~,. CouncllG1an StoJœa, seconded by Councilman Noel, that conslde~~ion ot I:I1nutes or June 28 be postponed. AYES: IfOES : ABSENT: Councllmen: Councl~: Councllmen: P1tqenld. Noel, Stokes, Dempster JIoDe ?1,:)c:-¿ Moti_ carr1ed. II.;) :=v ORAL A.'C iIRITrEN COI'MIIIICATIOJIS VRITTES: 1. Leag-.. or Cal1ton11& CUie.: Leglslatlve aalletln dated Juœ 28th. 2. PUIIUc ut111tiea C~ '..:1_: Invest1gatlcn into the 1'8- ~ta tor a a-1 ol'det" prov1d1ng roles S0gern1ng coastNCt1on or 1ooAI___ electr1c and ODl "'''cation Unes in the atate olr Cal.1rom1a¡ also, ingeattptlon 1nt<J t&r1tt sO~".a. atea, Nles, charges, et cetera. _ 3. - PU11l1c ut111t!_.o -.001011: Op1n1oa and order In the mtter or the appU...~OD ot San Jose Water Ifol'ka tor an order author1z1J1g it to 1ncrease rates charged tor _ter sernce In order i;o onaet oerta1n ground _ter extractlon c!a.rges.. - _ __ _. Cowrt7 Tratt1~" 'tte8: AaIc1ng ~s or delegate snd altenl&te Iv_ . ,t..tiY1tc to the ColllÏl1ttee. - 1. - 5. State Depa.t.~ or nœnce: Certlty1,ng the poplllatlon or ~pert1.. ~ as 11,150 en April 1, 1965. V A~ JŒ?'Jfn' 011 THE pr....-.-. C<»IIISSIOIf Robert JollnaOD. YJ.ce Qaj,1'IBIl ot the p~g eo..111810n. br1et~ 1"11"11"'.-1 r' 1'1zed the actlons ot ~ P1ann1ng '--"slon ta1œD -_ "- 28th. B. Kuurrr OJ'TIIE 4--L .....XWUUO AID SITE APPIIOV'AL ~-n__ a.usan Horpø ~ the COUJ1Cj,l that no acUODII "1"11 taÞn by his ~ at Its 1aat _eUng, .June 22. 1965. u PUBLIC:EARINOS A. lliŒ&Y IDES: ,,-,ucaUon 8-z-65 to rezone 33 acres. a~te17, ~ 1I-1:B-2 to R-l. ad.1otr.inC the _st s1:1e ot FOotMU Bøal_rd. south slde ot Ha~. ~-.v:Jed tor a..-__1 by PlaIIn1ng Co-.sÛon Resolu- tion Yo. 272 .J_ 1., 1965. (Ordinance 313) Gecrge SoIIpa &___--ated the applicant and posted a IIBP ot ~he site ~cb be described as the toner Eaton property. A~l1cant Is ,,--... C1t)' to rezone tram R-l:B-2 to R-l, a~JOx1IIIate17 33 acres. He also reterred to the one acre i~ :he next app1J.caUon. on the agenda. Mackay ls seek1.ng R-;-:!: on AppU.cat:1on 7-z-65. ~-:-" ~olllblned 1~ VX A and VJ: B in h1s presentation. r.-,~ ;;-3-H pllase 15 COIIPOsed ot rive lots fronting on ?:>::~ll Blw. He saJ.d the present zoning would allow t:-=e lots. He Is aak1ng tor R-3-H wh1ch requires arch1- te<::-.oral and Sit:e appl'Onl In order to assure cOmplltib1l1ty r..~:: the 1-'11at:e _1ghborhoOd. In describing the sur- ro:-:.d1ngs. he saJ.ð. ttBt Cook and Wilson have had property ::=e-1 R-3-H al0C6 tbe _st slde ot this slte and on the wu:e<rly slde or ~ slt:e across Footh1ll Blvd. Pr1ngle- w::-:>1 SUbd1"11s1ac baa R-2-H 1 ~htely to the north ot the MI.:àJ' propert7. CD thJ.s basls, he des....-_\bed the applica- tl:= as compatible 1d.th the exist1ng zoning and compriSln& a ::s1cal patte=. 1dI1ch would have no adverse Intluence o~ ~::e Rd.101~ R-l. He Is proposlng a split level street r..:: a divider bet_en two 30-toot sections. C-=="ilœn Noel ...Ir-'l the applicant what Is proposed tor t~~ lands œrtœd Santa C1ara County. Sompa answered that t~ area œrked ·T........ or Santa Clara County" Is des1gnated t~!' the widening or ~thill Blvd. T:>e !Ia:ror called on those people who submitted cards Ind1- ca:lng they 1d.8h to speak. ~::er S. A1ns1IOrtb. 10629 Ainsworth Drive, posted a map ct ~he entire __ aDd described the developments thereon. Ftxn' weIaI ago a ~ house sold tor $'3.500. Creston Dr1ve Is the ~8t: oW de sac in the County. he sald, In Nterr1ng to ~ c:1rCU1tous route necessary to reach Poo~h1ll Bou1~ At the present time this ls the onl:t _y to geC :ta or out ot Creston SUbcU.v1s10n. Starling Dr1'1'e ls on17 3B fMt tram curb to curb and Creston Drive will t.a pe_-17 closed due to the treeV&7 const1'l1ctlon. At the present t:t.e tbe tfttt1c through Creston SUbd1.vislon Is 'felT heaV7. 1Dc'....... school buses. The vast majority o! the people azoe ~_u.ng north causing even greater cœ:gestion. He ~ the tact that all ot the lots In Creston SIlbd1"'~'" (1IIb1ch 1s outslde the cU,. UJIL1.tS) are 10.000 PqP"'~ ~ or more. The l10uøes In Rb'ercrest SUbd1vislon. 1IIird.dI b 1d.th1n the clty l11ll11:s and located -2- . - at the tar end ot Creston Dr1ve are a¡ao ve't'¡ expensive, some &s costly as *65,000. V1th a 5-acre park slte nearby, Mr. Ainsworth c1l\1III8 ttat 110 is not good p}annL\g to route all those people and all ttat tratfic thrO\lgh one narrow entrance. He closed by stat1Dg that tbe appl1cant wants to U6e ex1stlng streets pU.d tor by ot;ber8 to aerve hJ.s new houses. Adde La1lr1n, Pla'ØD1llS D1nOtor, IIa1d that a t¡d.rd access was a coDll1t1on ot P)__..eo.LSa1on approval, a1eo, that the dens1tJ 18 1D1ted,w 1U 1ots. Georp ScmII8 ..tee! tlalo lobIt averase lot aize 1IOI11d be 9,555 teet aDd 1IOU14 tbU ccmtOna to existing zoning althoUSh nolll1n- al17 d1tte1"ell1; 0.- B-l:B-2. Bra1nerdP1ebD, 10538 aace Dr., aøkecl about the otbltr twO access roads 1DUc&'A4 _ tblt C1tJ l'laIIner. Laurin described them as Czeeoealo,:;c;arUDg aDd Alpine. Mr. Plelm IIa1d thalo ODe 1'1*1 onl7 ls actu&1l7 proposed by the applicant bt.tt the p1-_1P'S eo-1sa1on tIOuld apparently ..:Uœ three. Aleo, the propoa11d.11 involve duDIp1rIg the apartment tratt1c d1reot17 onto P'oOth111 Blvd. He reterred to the tact that Creston Drive, now closed, was 60 teet in compa!"!"Ön to ita aubstltute ~ Scar11ng which Is only 3B teet. David "'.innery, 22160 Cloverleat Court, asked that the pet1tlon be rèad as 110 was submitted to the P1ann1ng Co!llD1ss1on. The Mayor Cb.lled tor a reaI!1ng ot the petlt10n wh1ch was signed by 198 people. Jerry Newcomer, 2237l Hartman Drive, stat2d that he agreed with other speakers; tbat he is opposed to t!1e appl1catt':>n. He also said that an add1tlonal r1ght ot way could be secured by sacr1ficing one or ttlO lots. Nadine Raymond, 22351 Hartman Drive, agreed with the other opponents and relterated that one means or access is not suf- t1clent and that the add1tlonal tratt1c thrOugh Starling Dnve would be Inconvenient and hazardoUII because the street Is a terrible problem novo Mrs. Warren Roberts. 22391 Hartman !)r1ve, said that the use 01" Crescent ls not teaslble slnce It tIOuld make an impoaslble grade to Stevena Creek Road, In her op1nion. There were no further speakers on the subject; IIIOVed by Councll111u1 Pinch, secoD.:1ed by Councilman Stokes, that the public hear1ng on application 8-z-65 be closed. AYES: NOES: ABSENT: Counclloen: Finch, Fitzgerald. lIoeJ., stokes, Dempeter Councilmen: Jfone CouncllDen: None Motion carr1ed. 5-0 Mr. Iaurin exp1:1nM that i'OOthJ.l1 Blvd. ls presently combln- 1ng the functions or aD expresll1l8.Y. a local IItreet, and a playground, thus causlng eome ot the problems mentloned. He said he ls in favor or saving the ornamental oak trees. Councllman ~tzgera1d asked lt It 18 posslble to create access over to Alp1ne Drive. George SoDlpll reterred to Lots 18 and 19 statlng that an ease- . ment 1."1 that location wo¡¡J,d connect to Alpine assuming they could set the adju1n11'1S 01mC1'II to deed the necessary r1ght 01" way. Th6 otber _1'11 aft Cook and Wilson and thelr prop- erty Is now zoned R-3-H. Somps stated that Cook and V11son would prcbab17 be 1dlUng it the Councll would lSke them 80me - 3 - cor.ceSll10n on lot a1ze in exchange tor the right ot vay. Qc'\11ICllJan Noel alllœd 11 they can cona1der the zon1ng properly w1.tbD'.rt !:eelng the ten ;at~ve 1I8p. Mr, I&ur.ln _..red 1ntlle art1~U-. Ge01'ge Sompa stated ~t t.bII a''.101ldJ1g 1Nbd1v1810D controlled _ Cook and V1l80.. bid beeI1 pftHDted to tile CoIIDtl pr10r tc the incorporation ot tile C1tt ot--CI.,o-I:1DO. SUJl16,At.t11',t;be ptOpe1't7 vall an- ..... ... tJIIIr C1ttardor. acceu 1'OI4...,.",...-ted _ the Cl.Q c.-t11 ~.u. I&CzwRa SQJId1v1doa# ab1t; 110. 2. U the Cl.Q CI&ft l1Iatsa~ 1111:11 Cook and vn._ tor add1Uoaa1 .1 "1'J8II' ot 1Iq" S_<-wD14bltlp ~1IIUt1a" id.~uon. be øa1d. .., ~.. . . ~laD Stolœe ..- the DbeOtcno ,·:;t ,,*UO 1It>1'taI it the cI1v1ded IIt~ 18 ~ua"]. to.1da. . 1Ir..PJDDq annere4 that à cI1Y1W .U&ft 18 an &Cfceptab1e 1Ia7 ot, G01JIS it 1J1'Ov1d1ng tile .-. 1a Dðt . too llteep; eo-11aD P1nc". 1ft reterr1Dg to tbe t.:snt&Uve =p question ft1eed ~ 110411. ataå4 ~t the ]and - use· 18 now tbe ::¡..stion. that tile zoli1D8 18 the atter betøre tbeit. tlat tile tentative ap "Ill be presented 80011 and will have to be oonB14ered by the Ocunøl1 at that t1llle. He a1Dta1ne4 that he can see no otber use tor "tbe property and tile quest10n of the street pnt- tem aust be cOns1dered as a pnrt of the tentative _po The Jl!ayor took the poillltlon that the a!!¡:ess shOUld be Ind1cated In the IIOtion relatlve to zoning. that another access In addi- tlon to Starling sbOuld be provided, that If the property 18 to be R-l. adequate use ot Alpine Drive and c;rescent Drive IllUSt be sec1U'eC1. Moved by Councilman iiUlch that applic;aUon 8.z-65 be approved as per the ~t1on ot the plann1ng Collll18sion In Re- solution 212. SeOOtlded by Councllman Fitzgerald. AYES: CounollD1en: Finch, F1t2.gerald. Noel, Stokes, Dempster NOES: CoImCilDen: None A!3SBIfl': OouncllD!m: None Motion carried, 5-0 Ordinance 313 rezom.ng the subject property _s glven first read1~. VJ: B. K\CltAy!ØŒS: AppUcatlon 7-z-65 tor rezoning 1.1 acres troIII R-1: B-2 to R-3-H; east slde of Footh1ll Blvd. Denied by Plann1ng eo.d.sslon Resolutlon No. 'i!(l June 14, 1965. Appeal. . ..:; -..4 ~,~...~ .,~ '. ." ,..: .1\;,/.:"· .~ ~ !Þ ,. Walter Ainsworth. 10629 Alnsworth Drive, stated that all the people In Pr1nglewood object strenuously to apartments up ap1nst tlleir bouaes. '1'he beautltul ~s on Starling Court would surfer aubs1:&nt1al depreolation in the event that the IJ1'Opos~ apnrtllll!ftts are constructed. he INÜd. George Sompa INÜd t~t the applicant would be will1ng to taIœ R-2-H If t~... City Councl1 prefers. Moved by CounoillDD Noel and the hearing be olosed, seconded by Councllman P1nCb. AYES' NOBS: AmEN'l': Couno1lmen: èounollmen: . Counc1~: Pinch, P1tzgera),d. '-Noel, Ðempater ).'Qne lk'l\e Stokes, Motion oarried, 5-0 - 4 - Cour:.ell11Bn Noel aClked 11' the lots ø.re 9,300 sQUAre teet &3 "qu1red b1 C1ty Ol'd1nance. Sompa annered 1n tne atrtrmat1ve. CO\1ne:l.lIIBn Noel aalœc! 11' appl1cant planned to _ve the large oak trees on the rite. SompII answered that tile bW.lder Is verT IllUeh interested 1n saving the trees, ae much 80 as an:¡one else, slnee these trees do have a IIIOneqrT wlue. perhaps $1,000 apiece. wb1a!111beD added to the cost 01' several IBmdred dolla1'lll to ftIIDft .-ts to a substant1al SWD. ~11_" IIoel aÛ811 1t the,. could plt R-1 ~ &IIJ' 01' the 1'1ve lots. SoepI aM...£-.! 1:lI&t the application rep.!8s.nts the high- est and \¡es1: use o~ tile 1aDd. Mr. I&urJa IId4 tll&t the pæs.1'9&tion 01' the oak trees 18 a va11d 1'eUOD to~. It 1~ eapec1al17 hard to save trees in an B-3 _ because 01' the puk1Ds zrequ1rements. The l'1aJuI1ng r..-."'lon las 'fOted to d8l1J' the applica1;1on. the iJlpl1cat1on be1aS tlat R-1 is tbe p1'Oper use. Robert Jobll8On 01' the Plan- ning ~.a1OD stated tlat tile st~ pattem sbou1d race Inte:mal17. Oouac2.bBn P1tzgemld said the slopt would make It dUt10ult tor the tl'att1c \;0 use FootM11 Blvd. He said the JI1'OpertJ' ahøI&ld be R-l. 1·loved bJ' OouDc1l1Bn P1tzgemld t.hat appUoat1on 7--z-65 be denied. Seconded bJ' 00unc11118n Noel. AYES: Oounc1lJDen: Fttze:emld. Noel Dempster NOES: Coundlcen: Finch. Stc'kes ABSEY:': Councllmen: None ¡>lotion carried, 3-2 VI C., WAR:: CRUMP DEVELOPERS: Appl1~tion ll-z-65 to rezone 4.6 acres adJoln1ng west end 01' Gardena Drive t'rom R-l:B-2 t:> R-2'o-:;. ReoOlll:lended tor approval by Plannl~ Co~ salon Re- sol".lt1on No. ~5 Juni! 15, 1965. (Ordlnance 314) No o.?Osltlon appeared. Moved by c..ound1J:Bn Pinch that the public hearing be closed, Secc:1ded b1 Councllm3n Stokes. AYES: Councllœn: Pinch. ~tz'!;erald. Noel, Stokes, Dempster NO=:.3: Councllmen: None .c.s~iT: Councllmen: None Ilot1on carried, 5-0 Ir. a.-,swer to a question Ward CI".!!!1P stated that the adjoining property does belo~ 1.. Cupertlno and he has n., objection what- ever to an annexation. I!o\-ed bJ' Oouncll111an Noel that appllcatlon 11-z-65 be approved as per Plann1ng Comm1ss1bn Jlesolutic..n No. 275. Seconded by Co~~i1ll8n Stokes. AYES: OouncUmen: NOES: Counc11.J:1en: A~: Counci_I!: P1nch. Fitzgerald, Noel. Stokes, Dellpater None Hone Motio:: carried, 5-0 Ordinance 314 vas g1VUi1 the 1'1rst readlng. vn ORDDWfCBS AItD RBSOUITIONS FOR ADOPTION A. RESOIDrIOII NO. 1121: Ar,prov1ng F1nd Plana tor the IIIIpI'o~t or NW Comer Saratoga-Sunrl)'vale Road and ~Clell&n Road. - 5 - ::oved by COuncIlman Finch that Resolution No. 1121 be adopted. Seconded by cou~cllman Stokes. AYES: Councll1D8n: Pinch, Fitzgerald, Noel, Stokes, Dempster NOES: Councllmen: No~e A3SENT: CouMl1men: None ~tion carried, 5-0 B. RESOwrION NO. 1122: MaJor and C1t1 Clerk. Autbor1z1.1g Executlon ot Agreeme,lt by IbDhl~ .>11. Moved by COI~I1DBD P1nch that Rellolutlon No. 1122 be approved. SÞ.conded ~I CounCI1DBD Stolœs. AYES: councllD1eD: P1ncb, Pitzgerald, Noel, Stokes, DeIIIpIIter };O!S: counc1lJ1en: None ABSENT: councilmen: None Motion carried. 5-0 c. RESCI»l'ION NO. 1123: Aoceptl:¡g Dedicatlon ot Real Property for Roadway Purposes. Moved by councllman Pincb that Resolution No, 1123 be adopted. Seconded by Counc1lmø_n NOel. AYES: CouncIlmen: Pinch, Fitzgerald, Noel, Stokes, Dempster !IOES: Councl1men: None ,\SS~~: Councllmen: None Mot10n carried, 5-0 D. RESOI.:/'rION NO. 1128: Pix1ng P4'0perty Tax Rate for 1965-66 :'1scal Year. :.!oved by Counc1lman Stokes that Resolut:.::'1 No. 1128 be adopted Seconded by Councl~n Fltzgerald. ;'YES: Counoilmen: Pinch, Fitzgerald, Noel, Stokes, Dempster !!CES: Councllmen: None A:>SEm': Cour.cl1men: None Motlon carried, 5-0 VIII PAYING BILLS A. Resclutions No. ll26 a: ll27. :-!oved by Councl1man Pinch that Resolutlon No. ll26 be adopted. Second by Councllman Noel. AYES: Councl1men: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councilmen: None A3SEm': Councilmen: None Motlon carrled, 5-0 Moved by Councilman Pinch that Resolutlon No. 1127 be adopted, Seconded by Councllman Noel. AYES: Councilmen: Finch, Fitzgerald, Noel, Stokes, Dempster NOES: Councllmen: None A3SB!1T: Councilmen: None .~tlon carried, 5-0 - 6 - " - . - - :;.:'£'.;.' "of. .-=.! itr.r ,- ....... . ~ .~.. . : . . - "'),:_, . ',,', , . .~ '. -: ; .., o"~' ..... . ... .-" .......: '" :,,,~.. ". - .- - " .j.~~'~.,: ¡: .... ''!'''. ..... . ~.~ . - ;. ~.: -- - .:". ~ .. .,~' : ,"'- IX fiEl'ORl' or OPPICERS ~... . A. ~PORT or crrr THEASURBR He ha4 1I01;h1DC t\a'tber to report. . . t-. B. 1IBPOl\T œc.Dr·: ...../IW,ft. . 1. fIII,.c.t~;'~.~ '.¡ ~u. to ~. üner to ~_~ i....~·.· . -, . ,..1rt' ·.tIIiidr ooopeat1on to. * 1··..' ~., '1à ~ !'oIm Center. ; . _ .. r _. .... _ ~ . _ -. -. .. ..- . IIDved _~~.tt~;';;'~ Î'1t ïrÎaÏ4. 'I~II"'ÞO' ,-CDuD011..n P111Ch. AYJ!8: . '~,~t;~:: ÀaoIJ.ñL:".2b. !roel. StoIIes. 11 yt~1' !lOBS: O~....AS~:'" _ ~I ~:'-~~t· ':" ~t1on ~ed. 5-0 . ~. MD' ~ DevelOpeR are recplsUftS a retlmd tor tne 1nata11at1on of an 8-þ1oh _ter a1n into their tract. 'l'he C1Ipe1't1nO Vater eo.d.sll1on has taIœn this under adn.se- .,ot ,_:11111 on J'ulJ' 1_tll aD a NC....-nda1;lon to the C1t7 ~i1. . . . C. REPORT OP DIRBC'l'OR OP PUBLI(; 1IORItS 1. l'reUw1nar7 "~ts tor the Stevens Creek Boulevard :Im- p¡oo~1; ~.t"t--1Hp-7 9 I'as1; ~. 'e been rev1ewed. mocI1fted and ret:uzDed to the Countt tor incorporation into their pl.an8. Mr. JP1JIDq aaIœd the Counc11 lr they wished 1;he p1aD8. on re-IRIIIm.Ual f'roID the eo-.mt7. to be rererNd to the PlanD1ì1s Co8a1sB1on ror rec~1;lon or to go dir:c1;17 to the C1t7 Councll. '1'be Counc11 advised Mr. P1.~ 1;(1 rr.rer tbe plana to the Plann1ftS CoaD1ss10n. 2. The ø.snart Creek pl.an8 are ready on a prellJdna17 bas18 and wi11 be going to the Count7 Flood Contl'Ol ror thelr review. D. RBPOIft' OP ern A'I'I'ORNBr No report. B. REPORT OP BlJIU)ING DlSl'BCl'OR " No report P. REPORT OP RBCRBATION DIJ!BCTOR John Partall reported that the _r p¡oograøa ls In t'U1l p¡oo- gress and e~th1nr& 1s go1ng ve17 well. O. RBPORT OP crrr PT"'~ Adde I&1IZ'2A..ted t¡bl.1; be hU .ak 1tMIII to report to the .C1t7 CounoIo1~ . .,. l' . ,. ;..4.... '; I. ~N.o.1..~·JiiecU..: lIIIqIiea\;,tor aban43-'" or extension or ".stem Drift to 3teftD8 CNc:c B1vd. The ~"'''- q I,ÛOD b7 a 4-1 vote has re~~ nded a~t ~f a ~t_1; area UI1rtJ'reet h7 '"II reet, Mr." fA.... aàU t;lat &1; 1.eUt a pedeatr1aD ¡aa.... Is needed. C11õ7 pJa-~" ÑIOIIld ab it poeB1bl~ ~r people to w.1.kin .. tflll ldmItea to pol1; ott'1ce &III! shops. et ceter 1nst.-4 of tol'01JlS thell to dr1ft. - T - ! ¡ f ¡ . The Ra10r said the question shoUld be advertised a8 a public heI.r1n& and abould be open to the public 1t the Councll 1s to cona1der the ..tter. Councl1..n st:olœs sa1d .~t the quoest1on th1s time bas been precipitated by Bonaclch and Hea4l_. the ad.fo1n1ng owners. Co1:DOlt.an Stokes aa14 that he caanot; see aJQ' 1 11Ate balSi8 tor a decll11OD. ~ the CouDc11. ODaDcllMn P1DCh took the JIO'I!I1.~oa tbat tile qaeat1on· 8hoald be 4ed1led now rather than ~nq-ej!...t t;cf 1:tië _101 4. ðt tile. - t..."I V11110D ~pert ~9td_ C1fIiDt B11d. becII1III Þ GqOo1uon of tll1a , !)t ~ !1111 ~17 arÞO~ tõbe _wze ot to... d_1- .' ~.. ~.edt1ìl. as U. ....UIJdf'it _tiler tll8n a 4ec;1.d9a .tø \.taU ~"'" _ ..t IaJII'CM &10118 StnenB Creek m...,'. C~iiIiID P.l.t....14 :-.14 lie· 18 1D !aWl' ot 41"OPJI1IIS it. !i)ftd ~ ~_1 t.an StolllH t;bat tile app11C1!Uøn ot BOIIacd.ch 11."" ~1I·1.. be c1en1ed. Mot1Oft dies t'or lack or a second. JIirftI4 ~ o-1t.an P1nCh t;bat tile Cit7 permnent17 abandon the exter.alon or Westem Drive. 5ecCn4ec1 ~ Councilll8n P1tzpra14. AYES: CoaIIc1'.I1II!n: NOBS: Councl1111en: ABSBIft': Councl1111en: P1nCh. Stolœs None P1tzsera14. JIOel, Dempster Motlon carried. 4-1 2. Glen D. Newton: Appl1catlon tor Use Peftl1t tor coamerclal uøe ot a resldentlal structure at 20381 Stevens Creek Blvd. MaJor Delapster vacated h1s seat at th1s polnt (9:45 P.M.) and left the hearing room. Gary Stokes, Vlce Mayor, assumed the position ot Mayor PrO Tell. CourIcll118n Finch ~1d he is opposed to the use ot any resl- dentlal build1ng tor any type of bualness; the CHy has taken th1s _ posltlon In the past. James Jackson represented Newton and Ident1t1ed the stNc- ture sa belng three houses west ot Scott Auto Stores. Moved by Councllman Finch that the use permit be denied. Seconded by Councllman Noel. ADS: IÐBS: ABSBN'l': Councllmen: Counc1lmen: Co\mc1lmen: Finch, Fitzgerald, Noel, Stokes None Dempster Motion carried, 4-0 3. Standardized Zoning Nomenclature Moved by Clluncll118n Finch that the City or Q¡perti~ Support the pl"Opoaa1 aubåtted ~ the Inter-Cit)' Council ot Santa Clara 00Imt7. standard1s1ng zon1Dg nomenclature tor the :1ountS' and 1;be Cities within the Count7. Seconded by Council 111m JIOel. ADS: ~: ""1nI'11111en : ~lmen: Councilmen : P1nCh. P1tqera14. Noel. Stokes None DelD'pater Motion carried. 4-0 - 8 - 4. u..nl!Mnte to Zon1I11 Ordinances. :.' .... The Plann1nc; D1rector reported t,.t t ,e PlanrUng CO_UIsJ.on :.e reo ìiIIecS t'-t the son1ns crd1nancel lie _oded 1n certelD ,..,..te. '.te. 'ft:eNfore. paII110 ban... nll lie held before t.. ~ co-1..1Oft 1n1ttal17 a1d then lletore tbe cn,cc.· \8>1 . . .. ", -'. ,- IIQOI'. _-_-:.~ 14ft- _. ë:2,Ö',.......r to ftO~ ~,,~;~1..1Ii'101' .to-tJiif'IiIa1'1.... 5. IIr .~~& bU 'óthce lacftt:rP1ns the rell- MDtsn'; - ,., . ~, ..,J... _ i' . .. . . .' 6. :-1Ì$!~~~.t:t:-ž=::-:,;J:~~:n IÜíIi ðOiiiIRD118 :1111 "'lO~. 1Ir. Ie1Ir1ft aa14 that the cn'.....an orCI1aarace _1:8'17' IIit 1n or4rl' to pnaerve the ,1111. aa4 to ftØiJate bill clnelOs-ø1: In ~b . ~ that the bu11døa'can þfOCIee4. A draft or the pI'Opoaed pob07 for hill denlo.,.entl at the Plann1rrc CoI8j.aa1on's next _t- ing and 114ft1't1øed .. a p¡bl1c Marins. Such pol1C7 will then lie aulImtte4 to tile C1t7 Couftoll. ,- ... ...-r:";-' ";"" ";;' X UNFINISHED BusIIBSS A. Outside Rate tor Vater Connections Moved br CounC1ban Pinch that the mtter be postponed. Seconded b7 COuncU....n Noel. AYES: NOES: ABSENT: COuncllDen: COunC11JDen: COunc1 lmen: Fincl1, Fitzgerald, Noel Stokes None Dempster Motion carried. 4-0 B. Stud7 session -- Park Sites (t&ndscape Architects, Park Priorities, et oetera) Moved by COunc:.ban Pinch that the ....tter be poøtponed. Seconded by COunciban Fitzgerald. AYES: NOES: ABSENT: COunCJ.lJDen: COunCJ.lJDen: COuncl1.Mn: Pinch. Pitzgerald. Noel Stoke a None Dempster Motion carried. 4-0 C. ltiscellaneoua -- Hone XI NEIl BUSDŒSS A. Road Pr1oriUe. The C1t7 JllanaPI' reported tl1at the laprovement and ,uden1ng ot llubb Road at ftItp1art Creek can be accompl1sil4!ð with COl1ier-Unl'\1;1 Gas Tax. The N-&l~nt of Repart Creek an4 Regnart Road is also a project tOI' cons1deration this ~"r. This pI'Oject -- a,¡b~ RDa4 at the .reek alOne \11th the N-al~~nt ot the creek and Rltplart Road can be done In two .ect10M or lt can be done aa one project. 1Ir. Ston ..14 that he imagined a better bid would be aftllab1.- lr done In one projeot.· He Nco_nded that the COunoll authorize the plana and apec1t1oat1one tor the Bridge and allO tor the N-al1snment ot the øecnart Creell: and Regnart JIoad. The ~ ~ .lIWIt ha"(tl atate appl'Çlval alnce the con- atl'\lCt1on ,,111 .~ ~e4_ by P' tax. . - 9 - , Frank P11\1WJ, D1nCtor ot PubUc V01'Þ. atated that the elt1mates tor the aabb a.4 ð\1l..rt 11 $43,000. TtI11 1IOuld include relllDva] ot the ø1at1J & 1QIo1dp. The total pro.1ect Inollll11ne re-augnment ot the CNØ,.aøL:_~111_t ot IeÐIU't 'JIr:Ia« 18 eat1_ted at $99,268.; . tJCIØ"OOO., The ests.ate __ at the May 18th _t- ", '. 1118 18 DOt CI........MItt10t.Dt~ to a1ter-tlle proJect In arQ' 187. , 'l'be l' ~.I 'fW·""':- 51,000 oftr and abOve tile atornaentlone4 '*'3,000 tor tile BaIIb Roa4 ou1ftrt 1IOU14 1* .,l1t betwen the cIne~'!I!ff~ P1tr, ,an4,~ ~n nooct Contl'Ol. , . rtiøOOO. ~§_1J':=t~J::I~_=t=: ~=t _.. "".....,1_!JU' -' _Oft ~,fIItUI'Ie'SR:' , ot tile o1'Ølc. . ''!IIe'D!rM t ' fi1;ll';ø' IIU ¡ . ind1oate4 lie ,1IIIId4 ," OOO'~ tbe . blapro,Jeot. 'l'bat , '1IÒUJ4 1eaye ooon' ,tbe . œtr..,.- . Of, ,tbe ..oone! pbUe . . . ' ... ,ftJ IIif . ' ,tllllllw '1.<1 ,po8alb111t1 that; C\Nnt1'~ ' ~ , t' '.5,õöð dt' . ·~..nt. .... _ ". ...~..-I.o . ',' ~, - .~.- " ~ '~r JII'Ô' t..... ~ irrL~ tþat tbe CIauIt4~' abo014 review the .", ~::ro:t~'"T'J'Ii~I', tlt~ befON"Þo1cJ1ns on this par- ''!'be C1t1......~ _t4ICi tllat the StfteM' C1>eek Blvd. proJect Will COR aroiíDi't1OO,ooo Inclu41ns .25,000 troID the CltJ'. The L.I.D. &I'01ØI4 DIr.,... 001111&& 18 eatiated b7' the consultlng olv11 eng1neere at .1,358,000. '1'h1s 1IOu14 Ino1ude the CltJ' expenditure ot $25,000 tor a t1'&ff1o slgnal at Stell1ng and Stevens creek Blvd. -- a _-~ t7P8 Witb provîslon tor 1ett turns. Another 81gnal would QOat tile C1tJ' $5,000, that belng 5o.C ot the expense tor a a1gn&l at Ste1Uns and Peppartne. The Clty lIOuld incur a $10,000 obl~t1cn tor an island In Stevens Creek Blvd. måk- lne the total $65.000. ,. '- '. ,. , ' The C1t)' Manacer reported that there Will be &~x1J11&telY $156,000 ot ps tax f'unds available II)' June 19t>b. The reloca- t10n ot stora dra1n Unes Will be pald tram the atorm dra1n tunds He reiterated that the Bubb Road cu1vert and Regnart creek and Road proJects cou1d prooeed It Oouncl1 author1zes the plans and specifications. '1'he7 Wil1 go firet to the State and then back to the C1t)' Oounc1l tor tinal deols1on. In this way the proJect , could be ad".rt1eed and contract awarded betON the winter œontM Relatlve to Mr. eru.p'. paJMnt ot $17,000. an agreement could be prepared tor 1118 atsnatlU'e at the tl_ ot awardlng the oontrac IIQOr pro t_ S1:OJœs In410ated approval ot the entire proJect run nine around .100,000 but qgest1one4 the procedlU'e whereby Mr. C¡ouap 1IOu14 ~ in Id.a share. He a8lœd about the possib111ty or havine an ....... nt psoepared tor CruIIp's s1gnatlU'e at the present tl_ and prior to adYertll11ns the plans and specltlcat1ons. Mr. Crump stated that lie bad tol'Mrly Indicated Wi111ngneas to pay $17.000 toward tile project. He re-att1aed the tact that he Will ¡a)' $17,000 ~rd the oost ot the project. Moved b)' Counol~ Pinch that the CltJ' .tatt be authorized to proceed With the psoeparatlon ot thepJ,ana aDd speoit1catlons tor the aabb Road cu1".rt and the Regnart Creek N-alignment and the Recn&rt Road n-a11gmDent as Indicated. - -Seconded by Oounol1- an Noel. " " -' , ,=;, OoUQ,Ol,~í P1Þoh. P1tzce~14. NOel. 'Stokes CCNnáJ}lllDt ' ,Jfon. " , . . -, " ABSENT: COunoibllln: ,1*plítÜ'.: .' " - , , .... . . " .~., . _ ... .' I . . . ..1 ~ -. J XI .'~, ~rRT.u;;" ;~:~,~o,;,~~~~~; :-~~~,:~_ :' i ' .' ,- ',:', , 1. '~:.r,;"v~~f~~a:~g,.~~tl~~ ë1t)' sip a Reao1œ1OD to tbe Governor urs111S the Govemor's - 10 - . - , .. I I: r ~ , . .- ( I ~iat. arr-- t. Ibe bill would authc)r1se ciUes and COIIDties to reqa1ft tbe d~cation of' the 1aøJ or the pay- me."1t of fee. 01' & ~ - t_t1on of both for øe1PIIOrllOod park and rec_1:101a1 ~a. as a cond1tlon to 1:b8 approval of a nnal auJd1y11-"-:t _p. On the adv1ce ot tbe C1ty JIu1a&er 1IQ01' ¡:lie '* 8tOkea *Iftd that a 1-"- be sent to the Go9ft'1111J'UIiIØJIIS_.~-··..e .of A8.BeIIb~ B1;. . i.èL~ SeooMed " 000~"'·~· ~ cr\*Þ eal4' ~ 910e P1'esldent or tile CóUii1iì -=-Ji.If .aaiiÒ1at1OD. a. a" .', and aa a ~ ___.. ... ~ tile b111 a cI1l1Ø'J1dato17 tax on tile DeW ~-......~ h1a ~ ~Y1de as. and reorea- t1011 tû14~~N·~ Iiít:...-...s the 0,. -.,11 .t~ -* ~ "bë-ìêttUo. . ADS: ~.. ftDoh. Jfoel. Stokes JaS: ~.t1râl1'&14 A.IDU'I. Q:r- 1.......-· _ ' ~t.r . !- ;:...~ ':? ...{.,., .- 1- ea1'I'ied. 3-1-1 2. MI:Jor pI'O te..' ...... It tbe questlon of se1Ull8 1mtrn.ted ilrlK'rtecI _ter. 'ilia WIater COnaervatlon D1Øftct 18 t1'71ng to fonI .__... fbp the Board of SUpe1'Y1.8Ol'S. 1Ir. Stokes INIPReI1 \bat; Uda ..st1on be referred to Cllpertlno' s Vater "'-4all1-.. . . Moved b1 CouncI:a.an P1nCh. secoMed by CounCIl8an Noel. Counc1:a.eD: PinCh, P1tzgerald, Hoel, Stokes CoID1C1~: lIone Oounc1~: Dellpeter JIDt10D carr:l.ed, 4-0 3. Councilman Noel aa14 that Paclfica Is apparent17 opened for tratfic to H1~7 9. He suggested a "Stop· sign or "Yleld" sign In order to control the traffic. The C1t7 Manager stated, l1O..ver, t..':at the road is not actuall7 open for traf- fic ;;.t this tt.e. AYES: NOES: ABSENT: 4. MaJOr pro tea. ~ I L10ned the methO<1 of ~t for the tratt1c signal a1: S1;elUng and Stevens Creek Blvd. aM whether or not ~1: cou.1d be charged to so_ asency other than the City. The C1t7 Manager answered that the college 18 not aecually the ~ ot any one ot the four cornera. However, he sa1d that he 1d11 _t with the attornq and engineers thJ.s week and tb1a question can be considered; It ls up to the property O_A to arrange the asse8_t spread. Mr. Stokes aa1d that; .,:1,...1..1118 owners have In the ¡:ast been re- quired to contñbate to the cost ot signals and slnoe poliCy haS been set on 1:be ~.1ect, It Is not tair to diSregard precedent at t;b1a po1Dt, not ta1r to the bua1neslllllen who haVE paid tor sllV""JA 1D 1:be ¡:ast. He aa1d he t'_1s a IIIOral obli- gatJ.on to a1nta1D tbe _ system. It' the C1t7 IS schedule( to P&7 halt the -" ot the slgnal at Peppezotree and Stell1n( with the asse. 1 cUat;rict to pay the other halt, how 18 it that the a.... I: district Is schedu1ec1 to make no PQMI1t tor tbe ...,.., at Stell1ng and Stewen8 Creek Blvd. The City "'-tr"" red that the signal at; Ste1l1ng and SteftnB CreeIt m... Sa 1Ibo117 w1th1n the ~ad1c1:1on of the clty while t.. 1'-__ &&.A6e ø1gnal Is at one eot;NDce to the collqe and t;be _]1I-.r owns the adjo1n1ng JII'Operty which Is DOt the _ &~ Ste111ng Road. Councl:a.an Plnoh said that the COU..- Sa _ther public asenC7 111 coat;rast to a pr1ftte ent..,.s.e. Be 8lÛd It 18 ImportaDt; to the project to pI'Ooeed .. Sa _H.ø... than burden the L.:I.D. with any add1t1onal 00IIt;a. ~n-1ng to the expeñ_e in another asses_t ~ ."]1""18 Stevens Creek B1.... eaat and west of Blaney, .. ..s4 aat ad41tlonal costs ~tened the en- tire 1apl'09 ~ --"'1ot. - n-· . m . AD3'OœtIŒrft ··Counc11 ~..'--...4 to an øeCutJ.e'sØa1OD at 10:40 P.M. .' . .. ~. ~ Couno1i "ac....~ at U:OT P.M.. . .. . . . .~-~-~. -:~ .-~~ "'.'"! '! ~, "'" .... - Stab. ~ 9. at 6:00 ..... . ¡U...-- hJ J.-cl &61' . A....L..: L 1<.lU:~ C1~ Cles . , .-"-: . ., " .,.. ~.: '. '. . I . . :~:. .:'.. .". L.'- :.~. , . .. :.'\õ .,', .. . .0' .. ..' ", ," ....." ." . " .: :":,.:.:. . .' 7" !~ .' ...-- .,1, ,.., of .-.,- ..... ..--' .. - _4'-.'- . , , ; '.." .-! . .....'. ~ .~. ," . I , f - -. -" . - ., ":. ",;.'!.", . ..... ....... .. - 12 - , .