The URL can be used to link to this page

CC 09-07-65PLANNING CONIAMSSiON C�_ 10321 South Saratoga -Sunnyvale Road, Cupertino, Calif. . 2j5 CITY OF CUPERTINO California MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - September 7, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch, Fitzgerald (8:15), Noel, Stokes Councilman absent: Mayor Dempster Staff present: City Manager, Phil Storm City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Clerk, Larry Martin City Engineer, Bob Shook Dir. of Planning, Adde Laurin Recreation Director, John Parham Chief B1dg.Inspedtor, Bill Benevich Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETINGS - August 2, 16, 1965 Moved by Councilman Finch, seconded by Councilman Noel, to approve the Minutes of August 2, 1965. Motion carried, 4-0 Since they were both absent at the August 16th meeting, it was moved by Councilman Finch, seconded by Councilman Noel, to postpone approval of the Minutes of that meeting until the next regular meeting. Motion carried, 4-0 IV ORAL AND WRITTEN COMMUNICATIONS A. Written: 1. Minutes of the Santa Clara County Trafficways Committee. 2. Letter and maps from MacKay & Somps regarding appli- cation 16-Z-65, to be reviewed under Item VI C. 3. Notice of the 1965 General Assembly meeting of ABAG. 4. Minutes of the Santa Clara County Inter -City Council meeting of August 5th. 5. Letter to the Mayor from United Nations Association of America asking the City to appoint a United Nations Chairman for this area. 6. Letter from Mr. & Mrs. Wm. Theisner regarding the grading at Unit 5, Baywood Terrace. They requested a concrete drainage canal to take care of the run-off in the area, The City Manager said this has been refer- ed to the City Engineer for a report. This letter was hand delivered late today and there has not been suf- ficient time to check it out. -1- Mrs. Thei:sner, 11256 .Redondo , 'curt,. Cupertino,. s lbmi.tte�. a :Necition. with 19..-sigr�_tur•es.,.to. Eappor, her said...she plans to .gete many .,mo ,e, Mr- Robert,',-5-hirer, •11163 RedonJo Court, Cupertino, s: ial L.e now has an eleven -foot high bank staring into his yard that was not there when he t,ought his home, The whole love! of the orchard has been raised and any tii_ew they had has now been broken, He is also quite concerned about the gun -off during the rainy season. Mrs. Bolby, 11124 LaPaloma, Cupertino, said there has been much trouble with the water run off in past years, b3�)re this new unit was begun. She asked whether the new Cra�i ing Ordinance is now in effect, ,She said the people living in Unit 3 are putting in drainage pipes insr, =�•c. c,f wall-to-wall carpeting, ofc; The pipes should have be?n the responsibility of the developer. -She then asked anoL_t the findings by the; S6VV--Mi gineers . Vice -Mayor Stokes said the Hillside 0,.dinance is now n effect and is presently being restudied by the Flanntr_g Commission for possible further charges, He said the Theisner letter and petition have been referred to the staff for a report, and the,Director of Public Works ii'Ll:L check on this situation in the morning. Drain_ tile w_L11 be laid for Unit 5 run-off. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to accept the petition. Motion carried, 4-0 MINUTE ORDER: ;Moved by Councilman Finch, seconded by Councilman Fitzgerald. to adop-c the Pro- clamation. naming Sunday, October 24th, as United Nations Day, Motion carried, 4-0 B. Verbal Communications: There were none. VI A. REPORT OF THE PLANNING COMMISSION (See Minutes of 8/2-3/65) There T„as no representative of The Planning Commiaslnr. present at this meeting. 1. John Pera: Application 18-v--65 fora. Variance to change double garage to a single garage door and install a sliding door; 10436 Colby, Approved ,DST Planning Commission Resolution No. 294. Council Resolution No. 1155. Mrs. Weber, 10293 Judy Avenue, explained how the appli- cant is going to have a leg amputated and, by butting a sliding door on half of the garage, it will enable: him to get into the -garage in his wheelchair. She expla--.ned the 2-car garage will still all be used as a garage, The Chief Building Inspector said the R-1 Ordinance says that you must have a 2-car garage, but not chat you must have a 2--car garage door. Moved by Councilman Finch, seconded by Councilman Fitzgerald to adopt Resolution 1155. AYES; Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: ?done ABSENT: Mayor Dempster Motion carrie,.; 4-0 -2- J Daniel Pitch: Application 19- -65 for• a. Variance to allow duplex on propert.r,;zoned for ,apartmc-nt,s , - 10365 Greei,wcvd Court. Approved by Planning Commission'Resolution 295� 4{4 Council Resolution No, 1.156. Councilman Fitzgerald asked if the second unit would be attached to the first. Mr. Fitch said no plans have yet been made for the second unit so he cannot say, Council- man Fitzgerald asked Mr. Fitch if he had any intention of creating another lot here. Answer -was negative, The Chief Building Inspector said this property is zoned R-3, but until the Flood Control corms in and rechannelizes it cannot possibly be built as such. Moved by Councilman Fitzgerald, -seconded by Councilman Noel, to adopt Council Resolution No, 1156. AYES. Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of August 24, 30, 1965) Chairman Horgan said he has requested that Committeem=in Jim Nuzum's resignation not be effective until Septaciber 1511-h, to enable the Council to have more time to replace him. He has accepted the position of Assistant City Planner and, according to the Ordinance, cannot ramain on the Committee. Chairman,.Horgan also waned tc point out that the H-Control recommended approval of, and subsequently rescinded that approval, for the Van-Vleck application 195-HC•-65 be- cause the plot plan is incorrect, Moved by Councilman Fitzgerald, seconded by Councilman Finch, to accept the Minutes of August 24th, except for application 195-HC-65. Motion carried, 4-0 Moved by Councilman Finch, seconded by Councilman Fitz- gerald; to accept the Minutes of kugust 30th. Councilman Noel said he did not fully understand the Cappola application 194-HC-65. Chairman Horgan recapped the proceedings of that application discussion, Council- man Noel feels the large, painted sign would. not be in good taste and could set a precedent, Vice -Mayor Stokes asked whether the approved signs fall within the limitations of the Sign Ordinance. He was told they do. He then said the Council should not attempt to legislate each individual sign. If there ay.,e objections to this sign, then possibly the Sign. Ordin�.:'�.o,. needs revision or updating. Councilman Fitzgerald said that if the business on the corner is willing to take the Fee wee Pizza sign off the roof, then this is a step in the -right direction. AYES: Councilmen Finch, Fitzgerald, Stokes NAYS: Councilman Noel ABSENT: Mayor Dempster Motion carried, 14-0 -3- VI PUF�LIC HEARINGS A, Vacating Public Utilities Easenje.,It in the rear of -che Mobil Oil Station on Stevens (:reek Blvd becv,:Een East Estates and Wolfe Roads. Resoluticn Wo. 1.158. The City Attorney recommended the Vice -Mayor ask foy. a,ly oral protests regarding 'Resol,a.tion Igo . 1158, It has had a published notice so, if there are no protests, it would be in order to adopt this kesoluti.on. The Vice -Mayor asked for comments from the audience. There were none. Moved by Councilman Finch, seconded by Councilman Noe-, that the Public Hearings be closed, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1158. AYES: Councilmen Finch, Fitzgerald, Noel, Stokeo NAYS: None ABSENT: Mayor Dempster Motion carried, 4-U 1Gf- B. Williamson-Wooley: Application 20-V-65 for a Variance to allow lots of 112 acre average, minimum 15,000 sq, ft. where Ordinance requires I acre; scuth of Bay Terrace, west of Mt. Crest Drive; 7 "Lots; also TentatiT;e Map. Approved by Planning Commission Resolution No. 290 Sc 291, Council Resolution No. 1157. The Director of Planning recapped the proceedinbs at tr.e Planning Commission level on this application, He pe,-ted out that the developer wanted 1/2 acre lots, not tc re- duce them to possibly 10,000 square foot lots. A Variance procedure seems the simplest way tc accomplish tnis at this time. The Director of Public Works said the San Jose Wa.'_ ^r Works has stated they will not serve lots 5, 5; & 7 bartause they are outside their area, but the subdivider may 'n- stall water pressure systems, He added that 'Llne drainage situation should be improved by the development. Moved by Councilman Finch, seconded br Councilman Noel, to close the Public Hearings. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Councilman Fitzgerald said he would like to take a look at this area before he makes arty clacision. Mr. Will -tams -on., who said he is the First Party iii this apFl�..atior , ,ads agreeable to a Y)ostponement. He added that .f this has to be developed in one -acre lots; ,_t will just have to go vacant for a long time to come. -4- 3( C rJC 4L Moved by Councilman '�ir_ch, secvndec by Ce�...nuilr,lan Fitzgerald, to postpone application 20--V-e5 = r° 2. a;.eko and put it on the agenda for the next regula-c meeting. Motion car:-�_e(t, 4•-0 Palo Alto Development Corporation: kpplicatioi-i 7.6-Z-65 to rezone 1.1 acre from R•-1:B-2 to R-2-H; Foothill Blvd, near Starling Drive. Approved by Planning Commission Resolution No. 289. Ordinance No, 320. Mr. . George Somps, Civil Engineer, asked that Conditions 13 & III set by the Planning Commission be set aside. H1 said the proposed street would come out onto Fcothill Blvd. just at the crest of the hill, with ample visibility. He feels this will help the Creston SubdiVision as well as this new subdivision. There fuliowed considerable discussion regarding access, The Director of Planning said he had suggested Conditions 13 & 14 to the Planning Commission and that they went along with this, Foothill Blvd, is bound to be one of the most important streets in Cupertino. No major road should have direct access this way. They also want to reduce the number of intersections on Foothill Blvd. The developer should be able to solve the street system in another way, It was the feeling of the Planning Commission that dup- lexes create much necessity for parking of cars, etc., on the streets. They felt that duplexes should not be so arranged that they would park on the street across the street from R-1 homes. Councilman Finch asked the Director of planning what t_''ie speed limit would be here. The Director said they anti- cipate 45 MPH. Vice -Mayor Stokes said that what the City Planner was saying, was to not take away existing accesses but restrict any proposed new accesses onto Foothill Blvd. Councilman Fitzgerald wondered if it would be wise to run another 112 homes along here without another access. Moved by Co=oiltnan Finch, seconded by Councilman Noel, to close the Public Hearings. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS- None ABSENT: Mayor Dempster Motion carried, 4 0 Moved by Councilman Finch, seconded by Councilman Fitzgerald, to accept application 16-Z-65, excluding Conditions 13, 14, & 15, with regard to the three gaic�uge spaces; i.e., to have the First Reading of Ordinance No. 320, excluding Conditions 13, 14 & 15. AYES: Councilmen Finch, Fitzgerald, Noel. Stokes NAYS: None ABSENT: Mayor Dempster Motion cai,ried, 4-0 7. ie;nv+cil .1:CtwUc( �v rti1C�ree�Fi J f eft f' r of �'T �►'a/ G �We LL/-D J yr ;til�+1Lb( (" C %!%t ri(AviA. �e...�.��,i�.C"I f ian�,c4n'� `� �p�lrTe�,"`( /lilc�fl. % C1,G..zc( �a�.vif,•1 wi:4r1 / VII ORDINANCE AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 319 `'' Rezoning :property of Don. Chuc'r from C)',L-7, �5R-1 to PO-H9 lots- 36, 37, 38, Tract 2880, south«aest corner'of Wolfe'Road and. Richwood Drive. Second Reading. Moved by Councilman Finch, seconded by Councilman Noel, to have Ordinance No. 319 read by title only. AYES: Councilmen Finch; Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The title of Ordinance No. 319 was read by the City Clerk. Moved by Councilman Finch, seconded by Councilman Noel, to adopt Ordinance No. 319. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 VIII PAYING BILLS A. Resolutions No, 1153 and 1154 Resolution No. 1153 was read by Treasurer Fitzgerald. Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1153. AYES: Councilmen Finch, Fitzgerald, Noel, Stoker NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Resolution No. 1154 vas read by Treasurer Fitzgerald. Councilman Finch asked about Warrant 6727. The C_J.ty Manager explained that this item is used when we finish the City staeets. Warrant 672E was questioned next. The Recreation Director. , explained this was spent by the Se:z__or Citizens. on their trip to `Carmel. The City pays the '0_1.1, the Sonior Citizens pay '`the City. They actually pay the�_r own way. Moyp,0_by.Councilman Pim,-h, seconded by Councilman Noel, to adopt Resolution No, 1154. AYES: Councilmen`Fineh,`Fitzgerald, Noel, Stokes NAYS-: None ABSENT: Mayor Dempster Motion carried, 4-0 IX REPORT OF ,OFFICERS A. REPORT OF CITY TREASURER He had no furt L.L r report. M B. REPORT OF THE CITY MANAGER 1. The City Council has approved the hiring cf an assist- ant for the Director of Planning, The applicant chosen is James Nuzum, presently on the Architoctura.l & Site Control Committee. 2. Mayor Dempster is our representative to ABA&. They request that an alternate be chosen. Moved by Councilman Stokes, seconded by Councilman Noel, to elect Councilman Finch as alternate repre- sentative to ABAG. Motion carried, LI- 0 3. Drafting of the City Hall plans has been delayd due to the Los Angeles riot. However, this is not going to interfere with groundbreaking ceremonies, 4. DeAnza L.I.D. There will be a progress report on September 20th regarding this item. 5. A letter from Dr. Knight said the School Board has requested the footpath easement from the Idylwild subdivision along the creek, which is fenced, be abandoned since the school children no longer use it to walk to school. Tt will go back to the gran"cr;r and he will probably give it to the adjacent property owners. MINUTE ORDER: Moved by Councilman Noel, seconded by Councilman Fitzgerald, to abandon_ the above -mentioned footpath easement. Motion carried, 4-0 6. Water Service to Vallco. The City Manager summari-zed this situation, as explained in -his .September 1 ct report to the Mayor and Member of the City Cc-ancil, Vice -Mayor Stokes asked the City Manager to contL.ct the property owners before the next Water Commission meeting on this subject. 7. The City Manager called attention to his September Ist report in regard to the park sites. 8. The City Manager and the Director of Public Works attended the meeting in Sunnyvale regarding signals at Homestead and Mary Avenue. T'l.e Sunnyvale City Manager gave a very favorable report as to why Mary Avenue should be extended. Nciq that ccnstructio:'1 on DeAnza College is under way, the Sunnyvale City Council seems to feel the greet need for the Mary Avenue extension. There was no discussion of the signalization at this meeting. G. Updrb.ting of the City -Vlater Master Plan. MINUTE ORDER: Moved by Councilman Finch, seconded. ?_)y Councilman Fitzgerald, to hire Mark Thomas �C Company to make a study, not to exceed. she amount of $2,900. AYES: Councilman Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 -7 - 10. Water Commission re surplus funds held by the Fiscal Agent. MINUTE ORDER: Moved by Councilman Finch, seconded by Councilman Noel, to have the surplus Funds, in the amount of $15, 566.54, transferred to the Water Department in Cupertino so that it -may be placed in an interest bear- ing account. AYES: Councilmen Pinch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster ja Lion carried, -0 11. The aesthetics f>f electrical. dlstributior�. The City Manager has r-€sted copies of San Diego's brochure regarding undge ground electrical. service. C. REPORT OF` THE DIRWTM OF PUBLIC WORKS The Director sunwa ri;ed his written xpgrt of Sept. 3rd. REPORT OF CITY ENGINEER 1. The City Engineer requested the City Council authorize the letting of bids for relocation of Regnart Creek between Lindy Lane and Bubb Road. So moved, by Councilman Finch, seconded by Councilman Fitzgerald. Notion carried:, 4-0 2. Greenwood Court, east side of Blaney Avenue & Freeway. By recommendation: of; the City Engineer, it was moved by Councilman Fitzgerald, seconded by Councilman Noel, to authorize the City Engineer to inform the developer and his bonding Company that the improvement bonds may now be retired. Motion carried, 4-0 3. Tract No. 3896, Baywood Terrace, Unit No. 5 Upon recommendation --by the City Engineer, it was moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1160 approving Final Map, etc., Tract No. 3896, Baywood Terrace, Unit No. 5. This has nothing to do with the grad__r'b plan, specifically. AYES: Co=ci.lmen Finch, NAYS: None ABSENT: Mayor Dempster Fitzgerald, Noel, St )lees Motion carried, 4-0 D. REPORT OF CITY ATTORNEY, 1. The City Attorney announced that October-4, 1965, would be the date af`the. Hearing on Resolution,No. 1159. -8 8.6moved by..Gpuncilmah Fitzgerald, ; econjec: bi Councilman AYES: Councilmen Finch, Fitzgerald, Noel, SLokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-O 2. The City Attorney handed to the City Cle_,l_ the original Warranty Deed for the Ross Park S7.ce.. He is going to clear up a few details on policy of title insurance on same. E. REPORT OF BUILDING'INSPECTOR He had no report. The Director of Public Works said, in regard to the map for Baywood Terrace Unit 7"5, that the abandonment of Regnart Road as it now exists should take place simul- taneously with the recording of the new final tract map. So moved by Councilman Fitzgerald, seconded by Councilman Finch, Motion carried, 4-O F. REPORT OF RECREATION DIRECTOR / He had no report. / 04 REPORT OF DIRECTOR OF PLANNING 1. Y.M.C.A. CENTER, under application 12-U-65. The Director summarized the Planning Commission's d�..s- cussion of this issue. The question of the s-creet may not come up for a coul)le of years and could worked out at the time of the review of the Tentative Map. Alves Drive residents are opposed to theirs becoming a through strc..et. These people will be notified by the City when the Tentative Map is to be reviewed. X UNFINISHED BUSINESS A. Miscellaneous 1. H-Control Committee vacanc7r, Vice -Mayor Stokes suggested previously subaii'cted applications be reviewed, as well as any new ones. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that October 1st be set as the cut-off date for applications for the vacan3lT on the H-- Control Committee. Motion carried, 4-0 XI NEW BUSINESS A. Rudolh J. Scholz: Refund of Water Department bill, The City Manager said Mr. Scholz is an attorney for an estate that has purchased a. duplex in the Deep Cliffe area. At time of purchase, there was a delinquent water bill of $80.00. They paid it, but had second thoughts later, and have asked for a refund. The City Manager.checked with the City Attorney and was informed that if 'money is"""paid into the City Treasury, there it stays. The City Attorney then explained in de- tail how our Ordinance works in this respect. There was some discussion among the Councilmen as to who should bear this burden and why it was allowed to build up so high. Moved by Councilman Noel, seconded by Councilman Finch, to deny refund of $80.00 delinquent water bill. AYES: Councilmen Finch, Noel, :Stokes NAYS: Councilman Fitzgerald ABSENT: Mayor Dempster Motion carried, 4-0 B. Miscellaneous 1, 'Councilman Noel said Mountain View has a guide for obtaining a building permit which he would like to see duplicated here. The City Manager said things like this will be done when we get our new City Hall. 2, Vice -Mayor asked the status of the new City Seal and/or Emblem situation. The City Manager said he would con- tact the people on this, Councilman Fitzgerald said the "Old Horn of Plenty" looks better to him every day, XII ADJOURNMENT Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adjourn the meeting at 10:00 P.M. ATTEST: City Clerk APPROVED: -10- Gary Stokes Vice -Mayor 10321 South Santoga-SW1I1)"Vale Rosd, Cupertino, Calif. 252-~505 CITY OF CCPERTINO Cali1"ornla . IU.JlUUS~ OF TIlE RBOULAR JlEETING OF THE CITY COUNCIL - September 7, 1965 PLACE: Board Roo.., Cupertino School District Office 10300 V1sta Drive, Cupertino ~: 8:00 P.M. I SAL1J'1'B TO '1'ØB PLAlI it ROIl. CALL Councllmen present: P1l'=h. P1tzgerald (8:15), Noel, Stokes co==llman absent: Mayor Dempster Start present: City Manager, Phil Storm Clty Attorney, Sam Anderson Dlr. of Public Works, Frank Finney City Clerk, Larry Martin City Engineer, Bob Shook Dir. of Planning, Adde Laurin Recreation Director, John Parham Chief Bldg.Inspector, Bill Benevich Recording Secretary, Lois In"ards III MINUTES ùF THE PREVIOUS MEETINGS - August 2, l6, 1965 Moved by Councilma~ Finch, seconded by Councilman Noel, to approve the Minutes of August 2, 1965. Motio~ carried, ~-O Since t"ey were both absent at the August 16th meeting, it was moved by Councilman Finch, seconded by Councilman Noel, to postpone approval of the Minutes of that meeting until the n~xt regular meeting. Motion carried, ~-O IV ORAL AND WRITTEN COMMUNICATIONS A. Written: l. Minutes of the Santa Clara Cùunty Trafficways Committee. 2. IP.tt~r and map!! from MacKay a: Somps regarding appli- cation 15.z-65, to he reviewed under Item VI C. 3. NOtlce 01" the 1965 General Assembly meeting of ABAG. 4. Minutes ot th~ Santa Clara County Inter-City Council meeting ot August 5th. 5. Letter to the Mayor from United Nations Association 01" America aaking the City to appoint a United Nations Ch,ai~ tor this area. 6. Letter trom'Mr. a: Mrs. Wm. Theiflner regarding tho!' grading at Unit 5, Baywood Terrace. They requested a concrete drainage canal to take care of the run-off 1n the area. The City Manager said thiB has been rcter- eel to the Clty Bnglneer tor a report. Th1s letter waB hand delivered late today and there has not been suf- ficient tlme to check It out. -1- P!rs. The1!Oner, 11256 Red'm<!o Court, Cupertlno, sublll1tteo1 !. petition with 19 sJ.gnatures to IIU¡¡P.-,rt her letter. She said she plana to get many IIICre. Itr. Robert Sb11'er. 11163 RedoMo Court. CUpertino. said he now has an duen-foot high bank iltanng 1nto Us yard that 1IU no;; tbere 1IbIm be bought his ho_. '!be whole level ot the orchard baa been ra1Bed and IUI7 view tbeJ' had hIUI now been b~ken. .... 18 also quite concerrred about: the :run-off c!1õr1ng the r.UøT Beason. !'IrS. Bolby. Ul2" L&1'aloma. CUpert1ao. _14 there hIUI been moh trouble 1d.tb the water 1'IID ott in put ~ra. betr.l'e this nell unit .. begun. She asked .~1Ier the new Grad- ing OJodi_-. 18 _ 1n effect. She- aJ4 the people living 1n tJD1~ 3 are putting 1n dl'a1Dap ~peB 1n8tead ~f wall-to-wal1 earpet1ng. etc. '!be pipes .lJould have been tu responalbU1t7 'ot th!J developer. Sbe then asked about the t1nd1DgB *'7' tbe Sol: Bng1neera. V1.::e-Nayor Stokes ar.ld the H111s1de Ordinance Is new 1n effect and 18 presently being restudied by the Planning cv.a1.ss10n tor pos81ble further changes. He 881d the Tbelsner letter and-petition have been rete&~ to the su!'t tor a report, and the Director of Public Works will check on this situatlon In the morning. Draln tlle wlll be lai~ tor Unit 5 run-off. Moved by Councl1man Noel, seconded by Councllman Fitzgerald, t~ accept the petitlon. Motion carried, 4-0 laNUTE ORDER: Moved by Councl1man Flnch, seconded by Councilman Fitzgerald, to adopt the Pro- clamation naming Sunday, October 24th, as United Nations Day. Motion carried, 4-0 B. \'erbal Communications: '!!'lere were none. VI A. !\SPORT OF THE PlANNING COMMI&.LON (See Minutes of 8/23/65) There was no reprel5antative ot the Plannlug COll'lllisslon ,resent at th1s _eting. 1. John Pera: Application 18-v-65 tor a Var1Bnce to change double garage to a si1!SlP ganae door and Install a !tl1dlng door; l()JI36 Colby. Approved by Planning eoa.lsslon Resolutlon MO. 294. Council Reao1utlon No. 1l55. Mrs. Weber, 10293 Judy Avenue, explained how the appli- cant ls go1nt; to have a leg &mputat~ aM. by putting a sliding door on ba11" of th., garage. It .Ul enable h1m to get 1nto the- prage in his wheelctair. She explained the 2-car pragtI_ wl11 !Still all be USed. a. a garage. The Ch1et Bu1l~g Inspector said the R-l Ordinance says that you must baye a 2-car garage, but not that you must have a 2-car prese door. !loved by CoUDC1l.Mn.P1nch, seconded by CounclllDBn ~ltzgerald to adopt Resolution 1155. ~~; ~l~n P1~ch, Fitzgerald. Noel. Stokes ABSEItl': JlQUr Ðnlpater Motion carrled, 4-0 -2- >:; , .'.. .,~ .., -"'_n~' 2. ;",.~øl Fitch: Appl1('Atiou 19-V-65 for a Va,r1ar.ce to &110>1 :--.;;:e.~ on Propert.1 ~oned for a¡:artments - lO~65 Greenwood C::;.:>1;;. Approved 117 Planning COC!:Dlssion Resolutlo;t 295. C:::::1C1l Resolution 110. 1156. C=cllman Fitzeerald asked if the second unit would be a..Qched to the f'~t. Mr. F:'tch said no plans have y:>t bee! l18de tor the 1ICC0nd unit so he cannot saY. Council- 18:1 iP1t&gera1d -..ked Mr. Fitch if he had any 1ntentlon 01" creat1Dg 8D01:berl.ot bere. Answer was negat1ve. !be Cb1et tn......... IDàpector sald th1s propP.rt;r 111 zcned B-3. but unt11 t:be P100d Control comell in 8.:111 rechannel1zes it camot poanloJJ' !Ie built as such. "·"·r,· IIDwd b7-COdDc4- ft~ssera1d, lIecOnded b7 Councilman !bel, to adopt Coœ-11 Reaolutlon No. 1156. AY!S; .IS: A3S3IIl' : ~.'I_ Finch, P!tzgerald, Hoel. Stokes Hone IIQor Dt....pllter Motlon carried, 4-0 B. b.."O!IT OP THE ARCHITBCTURAL AND SITE APPROVAL COMMI't'TEE (~ lUnutea ot August 24, 30, l(65) ;:~l:wln Horgan aldd he has ~ested that Commltteeman :~= ~zu~'s res1gnatlon not te effective untll September :=~::, to enable the Council to have more time to replace .'- He has accepted the pcsltio~ of Assistant City ::~-.:1.er and, accordlng to th~ Ordli;ance, car.not remain :~ :::e Commlttee. :~~~!'m8n Horgan also wanted ~: point out tha1; the H-Control ~:::unended ap¡:rc78l of, and s:¡bsequent1y rescinded that ~;;~va_, 1"or the Van V1eck a;;lication 195-HC-E5 be- -, .~ the plot ¡;lan is incor!'e:t. Y,-7~j by Councl1man Pltzgera:~, second~d by Councilman ~~:~, to accept the Minutes :f August 24~h, except for ~;;:lcat10n 195-BC-65. Motion carrled, 4-0 ~:.~~ by Councll~n Pinch, se:cnded by Ce¡;.ncilman Fitz- ~e~ld, to accept the Minutes of AugU3t 30th. ::~:llman Noel said he did ~c: fully understan1 the :"-;;:ola appl1cation 194-HC-65. Chairman Hùrgan l'ecapp¿d "::".e proceedlnga ot that appl1:ation discus!!ion. Councll- ~ ~el feels the large, pa¡~~ed sign would not be in ~:.::.:. taste and could set G çr-e.:edept. '~:~-!4ayor St.okes asked whet~er the appro'/ed signs fall ,,~~::ln the I1nltatlons of tr.e Sien Ordinar.ce. He was ~::! they do. Be then said ::-.e Coun-::l1 et.ould :.ot a~~~,=pt to legislate each 1nj.lv1dual sign. If tt.,ere p',." =::,,:~ions to th1<s sign, the!'. posSibly the Sign Ordim¡,,·c'O ~~~s revlslon or updating. C~~1lman Fitzgerald sald that if the bus1ness on the .::=~er 1s Wl111Dg to take the Pee WÇe Pizza sign o1"f the r:-=~, then thiJI 1s a step in th~ right direction. Å;~: Counc11men Finch, Fitz6erald, Stokes N;.Y3: Counc11oen Noel "3"~"T: Kayor Dempeter Motion car!'led, 4-0 -3- VI PUBLIC HEARi1«JS A. vacating Public U't1l1t1es Basement in the rear ot the Mobil 011 Statlon on Stevens Creek Blvd between East Estates and Volte Roads. Reaolutlon No. 1158. The Clty Attornq reco-med the Vlce-MaJOr ask tor any oral protest. 1"B(iU'd1JIs lleaolutlon No. 1158. It has had a p¡bl18bed DOtlce 80. 1t there are DO prote.ts. It would be 1D order to ~pt.tb1a BellOlutlon. . !tie l1ce-llQor ".- 1'or co.aents t1'OII tile auðlence. '!IIere 1IIJ1'B _. IIDftId b7 COUIIICI~ P1ach. seconded by Counc11an Noel, tlat tile FllbUc T' ~~ be closed. CouncI~ P1ach, P1tzgerald. Jfoe1. Stokes NoDe ICA70r D !Ç8'ter IIDtlon carried, 4-0 Moved by Councl1.an Pinch, seconded by Councllann Noel, to adopt Resolutlon No. 1158. AtIS: .YS: ABSI!Ift': AYES: HAYS: ADS51fI' : Counc~lmen Pinch, Fltzgerald, Noel, St~kes None Mayor Dempster notion car~led, 4-0 B. äl¡llamson-Wooley: Appllcation 20-v-65 1"or a Va~lance to a¡l~w lots 01" lj"¿ acre average, mlnimu~ 15,000 sq. 1"t. ..~re Ordinance requires 1 acre; south of Bay Terrace, "e~t of Mt. Crest Drlve; 7 lots; also Tentative Map. Apprc.ved 1:>y Planning COIIIDlss10n Resolution No. 290 a: 291. Co:.:ncll Reaolutlon No. 1157. The Director of Planning recapped ';he proceed1ngs at the Plann1ng Coa:m1ss10n level on th1s appllcation. He polnted cut that the developer wanted 1/2 acre lots, not to re- 1uce them to çosslbly 10,000 bquare foot lots. A Variance procedure seems the slmplest way to accompllsh this at t~s t1:ne. The DlI~ctor of Public Works said the San Jose Water Works ~A~ stated the~ wll1 root serve lots 5, 6, a: 7 because they are outside thelr area, but the subdlv1der may in- stall wat"r pressure systems. He added that the drainage al;uatior. should be Improved by the development. 'ic,,~ by Councl1man Pinch, seconded by Cou-'1cllman Noel, to close the Pub11~ Hear1ngs. C~unclløen Pinch, Pitzgerald, Noel, St?kes none Hooyor Dempster MDtlon carried, 4-0 Councll~n P1tzgereld said he would llk~ to take a look :.t th1s Itrea betore he IIII!.kea any decls10n. Mr. 'Jlil11amson, who said he 1s the P1rst farty In this appllcatlon, Wé:S agreeable to a postponedMInt. He added that 1t th1s I1I\s t:l be developed in one-acre lots, it. w11l Just have co go vacant for a ).ong tl_ to :ome. ;'YES: Nt. YS : ABSENr : -4- ;;.~ '~ Moved by ColDlcllan 1'1Dch. Eeconded by Councilman Pitzgerald, to postpone appl1cation 20-\'-65 for 2 weeks and put It on the aseø!a ror the next regular meeting. JIot1on carried, 4-0 ø . .Palo Alto Dwelo~ CO&'llOftt1o~: Applicat10n 16-z-65 to reacme 1.1 &eN rz.o. R-1:B-2 to R-2-H¡ i'ot)th1l1 Blvd. near Starl1J11..... Ar--..we4 by Planning eoa.18elon Re801ut1on lID. 289. 01'."-. lID. 320. . '~ . Itr. George ~. í."1w11 ",,_. ..keeS that CODIUt1oll8 13 . 111 ..t __.... ~ '.. C:. l"slon be set ..14e. Be aald the pro,"'" .t._t _1" coa out onto Pooth1l1 Blvd. Jut at tba cnat ~ U. biU. with UIPle rtalbUlq. Be feelS th18 11111 be1p the Creaton Sub41 vision ae 1Iel1 as this new 8Ubðl'f1~-. !JIe1'e followed conelderab1e dlscuss10n resard1as .ce..., The Director of Pl-.. aa14 he had suggested Conditione 13 I: 14 to the Pla.'D1Dg Co I.slon and that they went along with this. Pootb111 Blvd. is bound to be one of the IIIOSt important streets in CUpert.lno. No major road ahould have direct acee.s this _y. They also want to reduce the number or intersect10ns on Pooth1ll Blvd. The developer should be able to solve ~he street system in another way. It was the feeling of the Plannlng Commission that dup- lexes create much necessity tor parking of cars, etc., on the stl"!leta. ~ felt that daplexes should not be so arranged that the7 1fOulð park on the street, across the street from R-l homes. Councl1man Plnch asked the Dlrector of Planning what ~he speed 111111.t would be here. The Dlrector sald they ant1- clpate 45 MPH. Vice-Mayor Stokes said that what the City Planner was 8&71nc. _s to not take away existing accesses but restrict a~ propc.ed new accesses onto Poothlll Blvd. Councl1man P1tzgersld 1fOndered if it would be wise to run another 112 hoM_ along here without another access. Moved by Councl1an P1Dch, seconded by r:ouncilman Noel, to close the Publlc Hearings. Councll.en Plnch, Fitzgerald, Noel, Stokes None Mayor ~Jlllter JIotlon carried, ~-O Moved by Councllman Pinch, seconded by Councilman Pitzgerald, to accept appl1.catlon l6-z-65, excluding Condit1ons 13. 14. . 15. with regard to the three garage spaces; i.e., to have the First Reading of Ordinance No. 320, excluding Condltlons 13, 14 a: l~. AYES: Councl1Mn P1Dch, Fitzgerald, Noel, Stokes NUS: None ABSENT: Mayor De1ÇlJter AYES: NAYS: ABSENT : JIotlon carr led , 4-0 -5- UI ORDINAl ICE AHI> It-nno- pœ ADOPTION A. ORDDlAHCB 110. 319: Rezoning Property'of Don Clmck froi1l R-l to I'O-H; Iota :16. Y7. 36. 'l'ract 2880. soutbreat corne1," o! Vo1re-Boed aDd R1chwood Dr1.ve. Second Read1ng. Moved by Couac1 ,_.. P1Dch, seconded by COUDCIJ.-.-r Noel, to have()rð.1..~ l -.;t. 319 read ÕIy title 01117. A1æ: HAYS: ° AæBIrl: . ecmœn _ . I'2Dch. .P1tzgerald... JIoe1, ........ :'. - '. IIQur II I t... . . ..: _....~. . -.;- '.' .;' ... - -;;?_~-,,-- .,..~.- c&1T1ed. Ji-o. . ~ <. ........./~ "~",'c._,,,,: ~ ¿: Stokes -.":. " " '1'!Je Ut1e<ot: ~ -. H ~ .a. 319- re84'~ ~ C1.q- C1erJc. 0'. _., ... ~ -,- Moved tIT Ccmn;êt'l to adopt ()rIt1.... 0JlJDl:b, aecobded tIT ØCMmCn-.. lIoel, . ....;319. AYES: HAYS: ABSBIIT: YXn PAnNG EILLS '.=--''1 ftJIch, P1tzgerald, lIoe1, Stokes IIQor ~ ¡...l.er JIot;1on carried, Ji-o A. Resolutions No. 1153 aDd- 1154 Reso¡utlon No. 1153 was read by Treasurer Fitzgerald. Mo\"~ by Cou!'lcl~ P1Dch, sec()nded by Councl1cran ~:Oel, to adopt Resolut~on 50. 1153. Counci1Men P1nch, Pitzgerald, Noel, Stokes None Mayor t.eIIpIIter JIc~1.on carr1.ed, 4-0 Reso:utlon No. 1154 ¥as read by Tressurer Fitz3erald. AYES: NAYS: ABSENT: COIò..~.::llman Finch asker:! about warrant 67'ZT. The Clty Manager expla1ned that this item Is used when we t'lnish the City streets. Warrant 6726 was ~l\estlo:o1ed next. The Recreatlon D1.rector ~lalned this was spent b-J t"'.e Senlor Cltlzens on their trip to r.armel. The Clty pays the bill, the Senior Clt1%~ JaY the City. They actua117 pay their own way. Moved by Counol1_n P1nch, seconded by Gounc11:Dan Noel, to adopt Resolut1on ~. 1154. AYES: NAYS: ABS320"l': Councl1men F1nch, P1tzaerald, Noel, Stokes None Mayor ~ter JIot:1oncarr1ed, 4-0 ~ ;,- II: REPORT O!' OPPICERS A. RE?O!tT or CITY 'fRDSUiIia He had no t'urther report. -6- B. REPORT 0' 'I'IIB CIn' MANAGER 1. The Clt)' eo--ll hall approved the hiring or an assist- ant tor tile D11'ector of Plar..-ung. The app1.1cant chosen s.. 3_ Jfuzum, presently on the Architectural a: Slt. C !.n>;l Collllllttee. 2. Mayor J7 _ a.er 18 our repreunt&t1v" to ABAG. They request tIIa1; aD .ltemate be chosen. IIove4 _ c.. . n_.. Stulce8, seCl'~ -u.r Councilman !foel..to rdict Councllan P1nch .. alt:enJate repre- sen"-ö_ to ABIQ. . .tion carried, 4-0 3. DatUM·_ t:be C1t)' J1111 plaDa -hU beeD 4e1Q'd due to tile Ia. . ..r'l.. riot. b..... tb18 18 DOt going to 1Dt:ed'...1irfUa. p'OUDdœ-H"'C 4U ',1.1es. II. ])e#..- L.X.D. There will be . P1'O_ .. report on Septllllber 20tb reprding this 1"_. ~. A letter rz- Dr. Kn1ght sald the Schoo1 Board has requested the root.-th easement trom the Id7lwild subdlv1s1on along the creek, wh1ch 18 renced, be abandoned s1Dce the school ch1ldren no longer use It to walk to aehoo1. It will go back to the ~rantor and he wU.1 probably glve it to the adjacent property owners. MIt.-."E ORDER: Roved by Councl1man Noel, se:;onded by Counc1lman Pitzgerald, to aOandon the above-ment!oned toot path eaae~n~. Motton carried, 4-0 Ó. iiater Serv1.:;e to Vallco. The C1';y Ma~..!!!' sU!Œlarized thls sltua:i:;n, as explained in h1s Sept~ber lst report to ~be Ma)'Or and Me::.ber ot the City Councl1. Vlce-Ma)'Or 50;0"es asked the City Manager to cont2ct 'the propert7 owners betore the next \later Commission meeting on ~h1s subject. i. Tne Clty ~,,:':' called attention to his September 1st :-eport In re-gard to the park sites. S. The Clty Ma::ager and the Dire~tor ot ?..bH:; iiorks attended the ~ting in Sunn;¡vale regar:UI".g signals à.t Homestee4 and Mat';y Avenue. The Sun..,yvale City Manager pve a very f'avorable report as to why Mary Avenue shoul4 be _tended. Now that conatructlon on !:eAnza Coll.. 18 under way, the Su.'"1l'-7Yale City COI·.ncll s.... to reel the great need tor the Mary Avenue extension. There was no dlscu.ssion 01" the slgnallza~1on at this meeting. 9. Updatlng or tbe Clty Water Master Plan. AYES: NUS: ABSENT : MI1«1TE ORDER: RoYeC1 ty Councilman Pinch, seconded by - C'.........11man Fitzgerald, to hire Mark Thomas Ie eo.pany to make a study; not to exceed tbe UlÒunt 01" $2,900. Counel~ Finch, Fitzgerald, Noel, StoKes x"ne Mayor D ..ter ØDtlon carried, 4-0 -7- 10. Wat~r eo.18111on re surplulI funðll hellS by the FiScal Agent. MINUTE ORDER: JIoved by Councilman P1n~h, seconded by COUncilman Noel, to have tho! surplus funds, 10 the amount ot $15,566.5~, trans1"erred to the Water Department 10 Cupertlno so that it may be plaoe<;! 10 an loterest bear- 2ng account. ~n.-n Pinch, P1tzgèJ'llld. JIoe1, Stokes ... AYES: HAW: ABSBII'1': w..:,.... ~ter lIDt10n ca¡-rted. 4-0 11. The _~1ct1 ot electr1cal distr2.:;ut1on. The Clty JIIanager ... requested copies ot San Diego's brochure reg&1'\UDg ~und electr1cal service. C. REPORT OP' 'l'IIB uJ.JUII'roR OP PUBLIC WORKS The Director - r1zed h1s written report of Sept. 3rd. REPORT OP err!' øonŒER 1. The Clty ~eer requested the C1ty Councl1 authorlze the lett1r~ of bids fcr relocatlon ot Regnart Creek ~etween ~7 Lane and Bubb Road. So moved, C7 Councilca~ Finch, seconded by Councilman Fltzgeral::. Motion :arried, 4-0 2. GreenwooC Cc~rt, east side or Blaney Avenue & Freeway. By recoODendatlon of the City Engi.neer, it was moved by Councllman Fitzgerald, seconded by Co'xocilman Noel, to authorize the City Engineer to l~form the developer and his b::nd1r.g compar.:,' that the l-=:;;:rovement bonds may new be retlred. Motion ~arried, 4-C 3. Tract No. 3395, Baywood Terrace, Ur.lt No.5 Upon reeo ndation by the Clty Engl~eer, it was moved by Co=cl1man Finch, seconded by Councl1man Fitzgerald. to ad09t Resolutlon No. 1160 approving Final Map, etc., Tr~"·' No. 3896, Baywood Terrace, Unit No.5. This has nothing to de with the grading plan, speclflcally. Councllmen Finch, pitzgerald, Noel, Stokes Hone Mlr,¡or Dempster Motion carrled, 4-0 D. REPORT OF CITY A1"l'ORNEY AYES: NAYS: ABSBII'1' : 1. The City Attorney annc.mced that October 4, 1965, would be the date of .he Hearing on Resolution No. 1159. -8- So moved, by Councllman P1t~gerald, secondèd by Councllman Noel. AYES: NAYS: ABSENT: Councilmen P1nch, pltzgerald, Noel, Stokes None Mayor Dempster Motion carrled, 4-0 2:, , , "* pit)' Attomeybaaided to the CIt7 Clerk the oriK'~l varrut7 Þeë4 tor the Ross 'Park SIte. Be U so1ng to dear up'-atew deta11.:Qn the pol1cy ot tItle- 1n8urønce, on same. ' B. RBPOR'1' OF BJILDINO IJISPI!IC'l'OR Be hB4 no report. ¡The Director ot Pub110 VOrka &ald, in regard to the map tor Baywl)()d Terrace Unit #5, that thf;! abandonment 01" Regnart; P.oad as It now exists should take place 81mul- taneoualy wlth the reçord1ng of the new final tract map. So œoved by Counc1lman P1tzgerald, seconded by Councilman P1nch. Motion carried, 4-0 F. REPOnT OP RECREATION DIRECTOR He had no I'E,port. G. REPORT OF DIRECTOR OF PLANNING 1. Y.M.C.A. CENTER, under application l2-U-65. The Dlrector summarized the Planning Commission's dis- cU8s10n of this issue. The que6tlon 01" the street may not come up 1"or a couple or years and could be worked out at the time 01" the review of the rentative MaP. Alves Drlve residents are opposed to theirs becomlng a through street. These people-wlll be notified by the Clty ...hen the Tentative Map is to be revlewed. X UNFINISHED æSINESS A. Miscellaneous 1. H-Control suggested reVleWed, Committee vacancy. Vlce-Mayor Stokes prevlously submitted appllcations ~e as well as any new ones. Moved by Councilman Pinch, seconded by Councilman Fltzgerald, that October 1st be set as thg cut-ofr date 1"or appllcatlons 1"01' the vacancy on the H- Control Com~lttee. Motion carried, 4-0 XI NEW æSINESS A. Rudolh J. Scholz: Re1"und of Vater Department bl1l. The City Manager said Mr. Scholz 1s an attorney 1"or an estate that has purchased a duplex In the Deep Clltte area. At time 01" purchase, there was a delinquent water blll 01" $80.00. They pald it, but had second thoughts later, and have asked 1"or a refUnd. -9- The City Manager checked with the City Attorney and was informed that if money ls pald into the City Treasury, there it stays. The City Attorney then explained in de- tall how our Ordlnance worka in th1s respect. There was some d1scuaslon among the· Counollmen 11.>1 to who ~hould bear thls burden and w~ 1t was allowed to bu1ld up so h1gh. Moved b) Councllman Noel, second,:;;' Olf Councllman Finch, to de~ 1'f't'Imd Or $80.00 delinquent water blll. 1!1S: COUncl1men Pinch, lDel. Stokes Rim: Counci1llaD Pit.prell!" ABS~I IIIaJor Dempeter Motlon carried, I-o B. lI1ace"--' 1. CouDcn-.. Noel sa14 Mountain Vle.. has a guide 1"or obbill1"1g a bul1d1ng pe1'll1t wh1ch he wou1d like to see 4up11cated here. The Clty Manager sald thingS like tb1a 11111. be done when we get our n&w Clty Hall. 2. V1ce-lllQor aaked the status ot the new Clty Seal an"/or Þb1_ 81tuatlon. The Clty Manager sald he would con- tact the people on this. Councllman Pltzgerald said the "Old Ibm ot Plenty" looks better to h1m every d~. XII AD-!cmuIŒNT MoVfId by c.ounc~lman Pinch, seconded by Councilman Fltzgerald, to adjoum the meeting at 10:00 P.M. APPROVED: /s/ Gary Stokes Vlce-Mayor ATTEST: {~~V t ' I -- ((~t.- Clty Clerl, -10-