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CC 09-20-6510321 South Saratoga -Sunnyvale Road Cupertino, California, 9501Li 252-4505 CITY OF C U PERT I N O- California MINUTES OF THIS REGULAR MEETING OF THE CITY COUNCIL - September 20, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino, California PLANNING' o,k MliSSI ON TIME: 8:00 P.M. C I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Fitzgerald, Noel, Stokes, Dempster Councilman absent: Finch Staff present: City Manager, Phil Storm City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Engineer, Bob Shook Dir. of Planning, Adde Laurin Assist. Dir. of Planning, Jim Nuzum Recreation Director, John Parham Deputy City Clerk, Florence Reid Clerk, Gladys McHugh Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETINGS - Aug. 16 & Sept. 7, 1965 August 16th Minute, page 3, last paragraph, second sentence should read as follows: ".. ..meeting, had given an opinion ..... 111 according to Councilman Stokes. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that the Minutes of August 16th be approved as corrected. Motion carried, 4-0 September 7th Minutes, page 3, last line on the page, should read as follows: "Motion carried, 3-1", as pointed out by Councilman Noel. Page 10, just above Item B, Miscellaneous, should read as follows: "Motion carried 3-1", as pointed out by Councilman Noel. Moved by Councilman Stokes, seconded by Councilman Noel, that the Minutes of September 7th be approved as corrected. Motion carried, 4-0 IV ORAL AND WRITTEN COMMUNICATIONS A. Report on Commercial Needs In Santa Clara County. Mrs. George Garcia, 20092 John Drive, Cupertino; Mr. Alan D. Levin, 6280 Bancroft, San Jose; Mr. Bruce L. Mikesell, 1597 Danromas Way, San Jose; Mr. Michael Hillas, 1601 Deers - field Drive, San Jose; gave a report on behalf of the Greater San Jose Homeowners' Association in regard to the upcoming DiNapoli rezoning application in San Jose. -1- Mrs. Garcia introduced the group been taking a survey of the area. about this rezoning application. increase in traffic on Bollinger from Hyde Junior High School. and stated that she has to see how the .people feel She noted the potential Road, across the street Mr. Mikesell then displayed a large map of Cupertino, Sara- toga and western San Jose, showing 16 acres of C-1-H, 25 acres of R-3=CH, and 10 acres of R.-?! �*H, which the group feels adequately serve the area. He said the San Jose Master Plan of April, 1965, calls for a medium low density. for this area, with commercial developments on the periphery. This area has sufficient commercially zoned property, both developed and undeveloped, now to serve the needs of this.. area. Mr. Al Levin discussed the economic aspects of the situation. He feels the commercial needs of the area are already adequately covered by the present shopping centers alone:. Stevens Creek, on Bollinger and Blaney, and Westgate. He further feels this is a regional problem, not just a prob- lem for San Jose. Mr. Hillas said he has surveyed the area to get an idea of the number of people for and against the DiNapoli rezoning. He came up with 90% against, 4% for it, and 6% with no opinion. He respectfully requested the Cupertino City Council make contact with the San Jose Planning Commission stating their position on this situation. Mayor Dempster asked whether this group has given or will give their presentation before any other City Councils. He was informed they had not planned to do this. It was sug- gested that they might contact the Westgate Businessmen's Association; they are probably vitally interested in this. Mr. Al Spiers, Chamber of Commerce Business Manager, said he has submitted a letter on behalf of the Cupertino Chamber of Commerce stating that they are opposed to the DiNapoli rezoning because there are currently hundreds of unused commercially zoned acres in more strategic locations in the West Valley. Councilman Fitzgerald said he attended the Planning Commis- sion meeting where this group made their presentation and asked whether the City Attorney had any comments to add to those he made at that meeting. The City Attorney again pointed out that the City of Cupertino has no Agreement with the City of San Jose, and it might be presumptious on the part of the Cupertino City Council or any other Cupertino body to interfere with the City of San Jose's Ordinances or rulings. Councilman Fitzgerald advised the group to work closely With Llhe Chamber of `Commerce on this; they might be the vehicle by which to do the job rather than the City. Councilman Stokes stated that he understands what these people are trying to.do....because he has become involved in a few such situations; h`owdvej�; sirrce• there is no ',common boundar;,r..between San Jose and Cupertino at this location he does' not see how the City Council could rightfully have any say in the matter. It was learned this matter will come before the San Jose Planning Commission on September 28th. -2- Moved by Councilman Stoles, s©conded by Gouncil.m�.n rlzgerald, that the City of Cupertino make no finding on this matter. Motion carried, 4-0 B. Mr. Ed Connors, 10700 Deep Cliffe Drive, Cupertino, said he has a problem with the storm drain in front of his house. This storm drain has proved inadequate on several occasions. He would like some action from the City before there is another flood. The City Manager said the Director of Public Works has the plans for alleviating this situation and it is al- ready out to bid. This matter should be taken care of within about 2 weeks. C. Mr. Al Spiers said that Cupertino is going to be ten years old next month and the Chamber of Commerce is trying to start something that will take place each year in October. This year, the Chamber has decided to join forces with Cupertino High School's Pioneer Days, on October 23rd. Mr. Spiers said it will consist of a parade and he specified the parade route. He asked permission of the City Council to have this parade. So moved by CouncilmanStokes, seconded by Councilman Fitzgerald. Motion carried, L!-0 WRITTEN COMMUNICATIONS A. Letter of appeal from Mr. Chadwick, application 13-U-65 for a Use Permit to have a car wash and auto repair center on Stevens Creek Blvd. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have application 13-U-65 placed on the October Loth agenda. Motion carried, 4-0 B. Letter of appeal from Mason Enterprises, application 10-Z-65 to rezone 10 acres from R-1:B-2 to R-2-H, north of Stevens Creek Blvd, between Blaney Avenue and Portal Avenue. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have application 10-Z-65 placed on the October Loth agenda. Motion carried, 4-0 V A. REPORT OF PLANNING COMMISSION (See Minutes of 9/13/65) Chairman Gates said.he had nothing to say that isn't covered in the Minutes. B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of 9/1L4/65) Vice-Chairman.Guy Fitch said the Minutes of September 14th stand as recorded. -3- •Q Moved by Councilman Stokes'; seconded by Councilman Fitzgerald, that the Minutes of the Architectural and Site Approval Committee of September Ib, 1965, be approved as read. AYES: Counc. Fitzgerald, Noel,, Stokes., Dempster .NAYS: None ABSENT: Councilman Finch' Motion carried,'. 4-0 VI PUBLIC HEARINGS G��i-4� A. Williamson-Wooley: Application R-V-•65 for a Variance to allow lots of 1/2 acre average, minimum 151000 sq, ft., where Ordinance requires l.acre; south of Bay Terrace, west of Mt. Crest Drive; 7.lots; also Tentative Map. Approved by Planning Commission Resolution Nos. 290 and 291. Council Resolution No. 1157. Mr. Williamson and,Mr. Wooley were present to answer any questions., Councilman Noel asked whether the staff had anything to add. The Director of Planning recapped the proceedings, which are recorded in the Planning Commission Minutes. After looking at the terrain, he felt that the Variance procedure would be the best way to handle this situation, since we do not as yet have an Ordinance for 1/2 acre lots. He feels that tree plan, as presented at this time, would tie in very nicely with the R-1 now in the area. Mrs. Juanita McLaren, 22101 Lindy Lane, Cupertino, questioned the ingress and egress. She said sne.and the other property owners up.there are concerned because they have -had a great deal of trouble with .the water In'that area. She also remarked that homes in that area are valued in the $60,000 bracket and.wondered if these homes would be compatible. Councilman Fitzgerald does not 'feel there should be any 15,000 sq. ft. lots up there; nothing less than 1/2 acre. He questioned whether it was a good idea to use the Variance procedure to get around the.l acre lot requirement since Variances should only be granted on a hardship basis. If we have an Ordinance for 1/2 acre lots coming up we should wait for it. The City Attorney stated that the "hardship" in this case is that the property cannot be developed as it is presently zoned. The Director of Planning.said a draft of an Ordinance for 1/2 acre lots has been presented to the Planning Commission. Councilman Fitzgerald asked if the applicant could wait for this new.Ordinance-: Mr. Wooley said it 'is important that he get action on this application.because he has a note coming due, Mr. Williamson commented on the .proper, y- ow.iaer's' concern about the runoff He asked,_.i-f this :plan is. not approved, where is the water going to go? Mrs. McLaren said she does not object to'the Tentative Map. She does, however, object to having anyone using the road unless they go in on the expenses. She does not feel the letter from Messrs. Williamson and Wooley is adequate to cover this. Mayor Dempster suggested that this could be made a condition of the approval of the application, -4- Councilman Stokes wanted it clarified that approval of the Tentative Map does not constitute approval of the type of drainage system indicated. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to close the Public Hearings. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 4-0 Moved by Councilman Stokes, seconded by Mayor Dempster, that Resolution No. 1157 be approved, subject to the 12 standard conditions and 13 - that the rezoning is contingent upon the developer not using the non-exclusive road to Lindy Lane. AYES: Councilmen Stokes, Dempster NOES: Councilmen Fitzgerald, Noel ABSENT: Councilman Finch Motion tied, 2--7� Mayor Dempster said this is, by necessity, put over for 2 weeks in an attempt to break the 2-2 vote. Next Council meeting will be October 4th. VII ORDINANCE AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 320: Amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an R-1:B-2 District to an R-2-H District. (Second Reading) Moved by Councilman Noel, seconded by Councilman Stokes, to have Ordinance No. 320 read by title only. Motion carried, 4-0 The Deputy City Clerk read the title of Ordinance No. 320. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Ordinance No. 320. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 4-0 VIII PAYING BILLS A. Resolutions No.- 1164 and 1165. Resolution No. 1164 was read by Treasurer Fitzgerald. Moved by Councilman Noel, seconded by Councilman Stokes, that Resolution No. 1'1-64 -be adopted... AYES: Councilmen Fitzgerald; Noel, Stokes, Dempster NAYS: None ABSENT:. Councilman Finch Motion carried, 4-0 OPM Rcsolution No. 1165 was read by Treasurer Fitzgerald. IX Moved by Councilman Stokes, seconded by Councilman Noel, that Resolution No. 1165 be adopted. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 4-0 REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had nothing further to report. B. REPORT OF CITY MANAGER 1. The City Manager requested permission for the pre- registration of the City Council and Staff Members going to the League of California Cities. So moved by Councilman Stokes, seconded by Councilman Noei. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 4-0 2. Councilman Stokes had asked at the last meeting the status of the new city seal/emblem situation. The City Manager presented 2 more entries. He said Hallmark is still working on this, also. 3. The report from the architect is that the new city hall plans should be ready at least by the first week in October. Groundbreaking ceremonies will be on October loth. 4. Mr. Mason was considering the purchase of some .property from Mr. Saich. There was the matter about a street into the complex. Mr. Jess Black, from the State Highway Department, was down here about it. The results were an amendment to the Stevens Freeway Agreement in that the money allocated for improvement of Lowe Avenue was transferred to Peninsula Avenue Moved by Councilman Noel, seconded by Councilman Stokes, to put this matter over to the next regular meeting. Motion carried, ' 4-0 5. The City Manager received a telephone call.from Mr. Troy Rampy on September 15th, indicating he is going to resign from the Architectural and Site Approval Committee because he is just too busy to devote the proper time to it. He has recently opened a store in a new business loca- tion. C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. The Director of Public Works quoted from the Planning Director's memo in regard to the Planning Commission's thoughts about a planting strip in the center of Stevens Creek Blvd. He said this is 1-11 mile long, and stated the factors,to be considered before a decision is made on this. Councilman Fitzgerald said'he was always under the impression that this was going to be done anyway. The City Manager confirmed that the City Council has already planned to have the center strip land- scaped. Financial details are being worked out. 2. The Director read the entire Theisner letter, which was discussed at the previous City Council meeting. He then.gave,his report, including pictures of the site,.quoting portions of Ordinance 214A, the Soil Report from the geologists, and a report from Nolte Engineers. Heathen went into a technical discussion of the drainage problems here and the possible solutions thereof.. Mr. Stuart Sandelman, 1820 W. Campbell Avenue, Campbell, said he is legal counsel representing homeowners in Baywood Terrace Unit 3. He submitted pictures of "before" and "after" the earth -moving and showed how erosion and slides are threatening the area. He said grading has been accomplished to the point where it goes above the fence line of the existing homes. He urged the City Council to in- vestigate the safety of this project. The Director of Public Works said no existing Ordi- nance has been violated here. Mr. Sandelman said there is no absolute assurance of erosion conditions. The problem exists now and he contends that sufficient provision has not been made to.prevent it. These people would like the problem solved before irreparable damage is done. He said there is the question of liability here. Mayor Dempster said San Jose Water Works is up there and he wondered if there was any evidence of erosion there. Mr. Robert W. Shirk, 11264 Redondo Court, Cupertino, said there is a 41 setback from the property line that is planted and they have paid maintenance for that area. On several occasions, silt has come down all over his grass. He felt we should examine whether or not we want fill being dumped on the vacant lots. Mr. Crump said the fill on these lots was created to keep the drainage.from the lots and the cul-de- sac. He suggested the people employ a civil engineer rather than their present legal council, who has made.so many wrong'statements, Mr. Sandelman said is is an engineer, as well as:a lawyer. In further questioning, it was learned he is a Mechanical Engineer. -7 - M Dla: Q . Dvry bhy Tneisricr, 11256 submitted a petition with 63 are either involved in this those who are. Redondo Court, Cupertino, signatures of people who or are in sympathy with Mayor Dempster advised the Director of Public Works, Mr. Crump, and others involved in the matter to put their heads together to work this thing out. He asked if San Jose Water Works anticipates a problem here. Mr. Crump said that, in view of litigation here, he did not wish to commit himself at this time on anything other than the Map; - Councilman Noel was concerned about silt going onto the people's yards, etc., and felt it should be referred to the staff and come before the City Council at a later date. The Director of Public Works said the matter has been checked out with FHA, the Grading Ordinance, and the Subdivision Ordinance. , Councilman Stokes said the Planning Commission is cur- rently reviewing the Grading Ordinance. Councilman Fitzgerald asked if there is any other solution than to raise the level of the lots, The Director said there was, and he went on to describe how this could be accomplished. He said it would be more costly and less efficient. Mrs. Sheehy said she lives on Lot 80 and they also have drainage problems,'so the problem is not just in a small, confined area. Mrs. Ron Bolby, 11124 La Paloma Drive, Cupertino, ex- plained in great detail some of the experiences of the homeowners on her street have had, due to the drainage and fill problems. The City Attorney stated that the Director of Public Works has no recourse as the Ordinance 214A now stands. There is, however, the question about the health, safety and public welfare portion. Moved by Councilman Stokes, seconded by Councilman Noel, to instruct the City Staff to work diligently to get this problem resolved. Motion carried, 4-0 REPORT OF THE CITY ENGINEER 1. CROSSROADS CENTER, UNIT C, south side of Stevens Creel= Blvd., 500' west of Highway g. It was the recommendation of the City Engineer to authorize the City Engineer to inform the developer and his bonding company that the improvement bonds may now be retired. So moved by Councilman Fitzgerald, seconded by Councilman Noel.. Motion carried, 4-0 D. REPORT OF CITY ATTORNEY 1. The Hearing date for Resolution No. 1167, which was initiated by Mr. Crump to abandon certain portions of Regnart Road, should be set for Oct. 18, 1965. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Counc. Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 11-0 2. Notice of annexation to the Central Fire Protection District of Santa Clara County, of those properties known as Ricardo 64-4 and Mercedes 64-5. E. REPORT OF BUILDING INSPECTOR There was no report. F. REPORT OF RECREATION DIRECTOR 1. The Director gave a statistical report of the summer program and a rundown of the fall and winter program coming up. 2. The Director said the October issue of the National Recreation Association's Magazine, which has a national and international distribution, carries an article of Cupertino's park program. 3. The Parks Commission would like a study session with the City Council in the near future. Mayor Dempster said this meeting would be set up at the next regular City Council meeting. G. REPORT OF CITY PLANNING DIRECTOR E-c-D, 1. The Director referred to the Planning Commission's Minute Order regarding cooperation with adjacent cities. It was felt this should be first handled on an informal basis. Councilman Stokes thought the Mayors' Meeting of Inter -City Council would be a good place to start. 2. The Director called attention to the Second Draft of the Home Occupations Ordinance. He said the Planning Commission felt there was some urgency here and asked if the Council could pass some tem- porary measure on this, until the fine points of ,the Ordinance can be worked out. Mayor Dempster was against hasty action here and feels another two weeks or so won't make that much difference. X UNFINISHED BUSINESS A. Councilman Fitzgerald asked about the outcome of the vet clinic court case. The City Attorney gave his ob- servations of the Judgment and then said the City Council should decide by the next meeting whether to appeal this decision. -9- XI NMI BUEINE33 A. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to instruct the City Manager to write a letter to the Sheriff's.Office commending them on their enforcement of the laws. It is not the in- tention of the City Council that some laws should be enforced and others overlooked. Motion carried, 4-0 XII ADJOURNMENT Mayor Dempster called for an executive session at 10:35 P.M. Meeting adjourned at 10:45 P.M. APPROVED: ATTEST: Deputy City.Clerk -10- /s/ J. Robert Dempster Mayor 10)21 South Saratoga-Sunnyvale Road Cupertlno, caUforr.la, 95014 2';2-4505 CITY OP CUPERTINO Calif'ornia MIBU'IBS OF TUB Rl!IJUL\R MIŒ'1'Il«J OF THE CITY COUNCIL - September 20, 1965 PLACE: Bosrd Room, Cup:rt1Do School District Office 10300 Vlsta Drive, ::lIpertlno, california 8:00 p .11. TD.-:: X XX SAImB 'l'O '1'HB PLAO ROLL CALL CouDcU- preeent: l'1tzgerald, Ifoel, Stokes, Dempster Councl1an absent: P1nch Statf' present: Clty Manager, Phil Storm City Attorn~ Sam Anderson Dir. of PUblic Works, Fl'8nk Finney Clty Bng1neer, Bob Shook Dlr. of Planning, Adde Laurin Asslst. ryir. of Plannlng, Jim Nuzum Recreation Director, John ~rham Deputy Çlty Clerk, Florence Reid Clerk, Gladys McHugh Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOU::; MEETINGS - Aug. 16 a: Sept. 7, 1965 August ló.h Minute, page should read as follows: opinion.....", according 3, last paragraph, second sentence ".... .meetino:, had given an to Councilman Stokes. Moved by Councilman Stokes, seconded by Councilman Fitz~erald, that the Minutes of August l6th be approved as co~re:ted. Motion carried, 4-0 Septem~er ;th Minutes, r3~e 3, last line on the page, should read as tollows: Motion ca!'ried, 3-1", liS pointed out b;¡ Councilman Ifoel. Page lO, J'~st above Item B, Mis.::ellaneous, should resd as follows: "Motion car!'ied 3-1", as pointed ~ut by Councilman Noel. Moved by Councilman Stokes, se~onded by Counclll1l!:n Noel, that the Minutes ot September 7th be approved as corrected. Motion carried, 4-0 IV ORAL AND WRITTEN CtMI«JNICATIONS A. Report on COllllllerclal Needs In Santa Clars County. Mrs. G-.orge Garcia, 20092 John Drive, Cupertino; Mr. Alan D. Levin, 6280 Bancrott, San Juse; Mr. Bruce L. Mikesell, 1597 Danromas Way, San Jose; Mr. Michael H1llas, l60l Deers- field Drive, San Jc.se; gave a report on behalf of the Greater San Jose Homeowners' Association in regard to the upcoming DiNapoli rezoning application in San Jose. -l- Mrs. OJrcia introduced the:! :;ro¡;P and stated that she hall been taking a surveyor the srea ~o see how t~e people reel about tM!> rez.:m1ng applicat1on. She r.ot':!d :he potent1al increa~e in traffic on Bollln:~!' Road, across tn~ street from !~e Junior High School. Mr. 'II1keseU then displayed a large map of Cupertino, Sara- toga and western San Jose, a~lng 16 acres 01" C-l-H, 25 acres of It-3-'"!!, 1In<'! 10 acrea of R..l!-H, which the group feels adequatel~ .-. the area. Be old the San Jose lIuter Plan of April, 1965, call,.. for a IledlU11 1011 denalty for this 11'IeIl, with co_rcla\ develo¡aente on the periphery. '1'b1s area baa su1'1'1clent co"'Arclal1~ zoned proporty, both developed and lIJIdeveloped, now to aerve the need. of th1s area. Mr. Al Levin di8cussed the econoll1c aspecta of the a1tuatlon. He feels the coaMrclal needa or the al'lta are already a~equate17 coyered by the present -shopping centers along Steveu Creek, on Bollinger and Blaney, and Westgate. He 1"urther teals this 18 a regional problem, not Just a prob- lem for San Jose. 1f1o. H11las ¡¡all! he has surv-.yed the erea ~o Cet an idea 01" the number of people for and aßlllnat the DiNapoli rezoning. He callie up "lth 9O';C aga1nst, 1¡ 5 for It, ar.d &ß with no opinlon. He respectfully requested the Cupertino City Council make contact with the San Jo~e Planning Commission sta~ing thelr POS1tiOh on this situation. Mayor Dempster aslceå whether this group has given or will give the1r presentation before any other Clty Councils. He was 1nformed they had not planned to do thls. It was su~- gested that they might contact the tlestgate Businessß,en 's Ass~c1ation; they are probably v1tally interested in th1s. ~r. Al Spiers, Chamber of Co~erce Bus1ness Manager, said he has aubmltted a letter on behalf of the C,-,pe¡"t1no Chamber of Commerce stating that they are o~posed to the Di~apoli rezoning bec~~e there are ~urrently hund~eds of unused co.nmerc1ally zoned scres in more strat..gic 10cat10ns in the West Valley. Councilman Fitzðerald saiQ he attended the Planning Comm1s- s10n meeting where this gr:~up made their presenta;;101. and asked whether the City Attorney had anJ comments to add to those he made at that meeting. The City Att~rney again pointed out that the City of Cupertino has no Agreement with the City of Ssn Jose, and it might be presumptious on the part of the Cupertino City Councilor any other Cupertino body to interfere with the City of San Jose's Ordinances or rulincs. Councilman Fitzgerald advised the group to work closely with the Chamber ot Commerce on this; they might be the vehlcle by wh1ch to do the Job rather than the City. Councilman Stokes stated that he understands what these people are trying to do because he has ~ecome involved in a few such lIítuatlonsr however, since there IS no cOllllllOn boundary between San Jose snd Cupertino at this location he does not. liee how the City Counc:U could rightfully have any Bay in the mat.ter. It "'as learned thls matter will come before the Ssn Jose Plannlng Coma1ss10n on September 28th. -2- - - i40ved by CouMllman Stolte., aøconded by Coun<:l1C18n Pl~zS~rald, that 'he City 01" CUpertino make no finding on this matte:". Motion carried, 4-0 B. Mr. Ed Connors, 10700 Deep Cliffe Drive, Cupertino, said he has a problem with the storm drsin in 1"ront of his house. This storm dra1n has proved lnadequate on several oceasloms. He would like some actlon 1"1'Om the City before there ls another !load. The Clty Manager sa1d the D1.")ctor or Pu':Jl1c Works haS the plana for aUeñat1ng this s1tuatlon and It ls al- react" out to bid. This matter should be taken care or wlth1n about 2 weeks. C. Mr. AJ. Spiers said thet cupartlno ls golng to be ten years old next ~th &nd the Chamber or CoaDerce 1s try1ng to ¡¡tart someth1ng that wl1l take place each ye:J.r in October. This year, the Chamber has declded t,') Jo1n t;:lrces with CUpertino High SchoOl's Pioneer DayS, on October 23rd. Mr. Spiers said it wl11 consist of a parade and he specified the parade route. He asked permission of the City Councl1 to have this parade. So moved by CouncilmanSte~'es, seconded by Councilman F1tzgerald. Motion carri~d, b_O w1UTTEN C<JoIMIJNICATIONS A. ~tter of appeal fro~ Mr. Chadwick, application 13-U-6? for a Use Permit to have a csr wash ðnd auto repair center on Stevens Creek Blvd. Moved by Councilman Stokes, seconded by Councilman Fi,~gerald, to ~~ve application l3-U-65 placed on the Oc:ober 11th agenda. Motion carried, 4-0 B. Letter of appeal from Mason Enterprises, application 10-z-65 to rezone 10 acres from R-l:B-2 to R-2-H, north of S:evens Creek Blvd, between Blaney Avenue and Por:al Avenue. Mo~ed by Councilman Stokes, seconded by Councilman F1t~gera1d, to have application lO-Z-65 placed on the October l:th agenda. Motion carried, 11-0 V A. REPORT OF PLAJlHING COMMISSION (See Minutes 01" 9/13/65) C~~irme.n Gates said he had nothing to ssy that isn't covered in the Minutes. B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL CQlllMInEE (See Minutes ot 9/14/65) Vice-Chairman Guy Pitch said the Minu_tes ot September 14th etand as recorded. -3- JiIoVed by ~;;ncllll:an Sto1œa. aeconde:i by Councllœn Pitz:;erel:i, tha~ t:-'" P.1motes or the Architectural and Site Ap;~7~: Comm1t:ee ~r September 1', 1965, be appro7ed all re-ad. AYES: RAYS: ABSBIIT : :ounc. Pi~zgera~. Noel, Stokes, Dempster )lone Councl1man I'1Dch ~Søn car-¡oied, 4-0 U Øí1:IJ,.1C BBARDIOS A. tllll1amon-VooJ.q: APP11catlôn 2-v-65 tor aftr1aDce to allew lots ot 1/2 acre "a'9l!l%'8ge, 111m- 15.000 sq. tt.. .œre Or\fi-", øqa1rea 1 acre; south ot BI7 '1'ernce, west ot 111;. ere" Drive; 7 lots; a180 '1'entatlve ÍIIIp. Approved 11)- pI....ò4I. Co-.1ssion Resolution }fos. 290 and 291. Ccnmcu JInolutlon No. 1157. Kr. Vlll1t:>."On and Ill'. Voclq were present to anar.er any queatlons. Councl1man Jioel asked wbether the staff had anything to add. ~ Dire:t"!' of PlanniJrS recapped the proceed1nga, whlch are recor.:ej in the Planning Coamlssion Minutes. Arter looking a~ ~:~e terraln, he felt tha~ the Variance proce:i'-1re would be :.O~ best way ~ handle this situation, s1nce 'We do not as :;: have an Ordinance 1"01' 1/2 acre lots. He feels tr..at tt.e ;:.1:":, as presented at this time, uould tie !~ ·¡ery r:icely l:~::: ~he R-l 001· 1n the area. Krs. Jua~:' ~a McLaren, 221':>1 L1ndy Lane, Cupertino, ~"-,es~:oned 'the 1ngreH and egress. She said she and the ott.er ¡:~;~rty CVl1f'ra up c~.ere are cr;n"erned becsuse they have had a 1rea':; deal. of ::':_.:le t!1th the 1I8ter in tM: area. She als: reCl8rked : -.;.: homes in that area are valued in t~.e !6c, :'JJ tracket a:-.: )i:>ndered 1! t:r~ae homes ",:)t:ld be co~pa~~~:~. =o"ncilmë~ :i;zgerald ~es ~ot feel there should ~ 2~J :;,000 s:;. :':. lots up tt.-ere; noth1ng less than l/2 a:re. He questi:~~ whether it vas a good idea to use 1;~e 'a!'~ance procedure ~: ;et around the 1 acre lot requirement s~r.:e Varisnces s.~.:uld only toe granted on a hardship bas~s. I~ we have a~ 0:-:11nanc", rer 1/2 acre lots ooming up we s~.c~ld va 1 t for ~:. '1'be City ;_~:~mey state'.! ~h8t the "hardSh1p" in tr.is :ase ~s tha~ :,: property cannot be developed as it is ;;!'ese~':;ly z=ed. The Dir~::~:- or Plann.1.."1g aald a draft of an Ordinance fer 1/2 acre ::~S haa been preaented ~o the Plannifl3 Cocoisslon. Councl1ma~ :itzgerald aslred It the applicant could vait Cor this ~~~ Ordinance. P.r. Wooley sa1d it 1s importar.~ tbat he ge~ action on tMa appJ.1cation because he hat!; a DOte comi!'... due. ' JIr. Vlll1a=c:n commented CD the property o'Wners' concern about thE! :-.::-.oft. He asked. It this plan is not awrov~, where is t~..e vater going to go? 1Irø. NcLarer. s:rld she does DOt object to the Tentatlve Map. She ò,)es, t.:-.ver, object. to œv1ng anyone using the- road anless tbey SO in on tbe _penae". She does not teel the :letter froa !lessrs. VIJ 1 ta.-on and Wooley is e.dequate tc coyer this. Mayor Detçeter suggested that th1s couJ.d be _de . conditio::. of the app:-ovaJ. or the application. --- .. - CcNncll_n Stokes .anted it clar1f'1ed tnat approval of the TeDtatlve Map does not constltute approval of the type of dft1nage sJ1ltem 1nd1cateð. lIDved by Councllaan S~. seconded by Councllman PS,tzgerald, to cIoN tire Z'labllc Hearings. ...as: Councll8ID ps,. j'P1d. Noel, Stoke!:, De~ter _18: 10M ~¡: eounou.D IN ~ .-11.-. carried, 4-0 , >.) 111.4..4 117 CouDcu.n" - . _nded by MQOr ~ur. that > '-..o111Uon 110. U5T ...__ ..uCl,aub.tect to tbe 12 .~~ .. H IOItUona u4 13 - tIIiat. tile reson1llg 1s conts.nsent apon U. Cleft10per III)t ,,-41.. U. 1!ØD-exclualve road to .L1Dð7 una. ~t Co\ØlC1~ IkC ...... DellP8ter _: Co\ØlC1~ ft- _ '"a14, Noel a...._.: Co\ØlCllaD ftada IIÞUoD Ued, 2-2 ~r Detlpeter Aid t~ 1.8, by necessity, put over tor 2 weeks 1n an attellPt to ~ the 2-2 vote. Next Councll _ting will be October 11th. vn: œDIIWICB AJiD RBSOWTI~ FOR ADOPTION A. ORDINANCE NO. 320: Amending Section 1 ot Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino f.rom aD R-l:B-2 Dlstrict to an R-2-H District. (SecoM Readlng) Moved by Co'.111.::l1..n Hoel. seconded b.f Councilman Stokes, to have C,rd1nance 110. 320 read by title only. Mot10r. carried, ~-O '1'he Deputy City Clerk rea:! the title 01" Ordinance No. 320. 1Ioved by Councilman Stoke., .econded by Councllnen Noel, to adopt Ordlnance No. ~. AYES: .W: AJlSBIIT : CouncllMn P1~erald, lIoel, Stokes, Dempster None Councl1..n P1Dch Mot1ør1 carried, 4-0 vm PAnlÐ BILLS A. Resolutions No. 11~ aDd 1165. Resolution No. 11611 ... read by Treasurer Pltzgera1d. Moved by Councllman 1lDe1. _corided by Counci1..n Stokes, tlDt Resolution No. J.J6It be adopted. . AYES: aYS: AllSBIIT : Councllmen PS,tzcera1.d, Noel, Stokes, Dempster None Counclllil8D n.-h NOtion carried, 4-0 -5- ., - ReBolution NO. 1165 was read jy Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councllman Noel, that Resolution 50. 1165 be adopted. AYES: NAYS: ABSEIr!' : Counc1laen Fitzgerald, Noel, StokeB, Dempster None Councf1-n P1nch IIDt10D carried, 4-0 n ~t or OPPICBRS .. è . ,,~ lItaOR't op ern '!IUIUURIIII He had notldDs ~ 1;0 report. B. REPORT OP CITY MII&OBR 1. The C1ty Manager requeBted pel'lllission for the pre- regiBtratlon or the Clty Council and Staff Meæbers going to the League of CalUornia Cit1~s. So moved b.1 Councilman Stokes, seconded by Councllman Noe:. AYES: NAYS: ABSENT: Counclloen :>itzgerald, Noel, Stokes, Dem;;ster Nonp. Council~n Finch MOtion carried, 4-0 2. Councilman S~=kes had asked at the last meet1~~ ~he status of the new clty seal/emblem situatle~. The Clty Manager presented 2 more entries. He said Hallmark is still working on this, also. 3. The ~eport from the architect is that the new city r.all plans should be ready at least by the f1:-s-; w~ek in October. Groundbreaklng ceremonies will be on October lOth. 4. ~~. Mason was considering the purchase of so~e property 1"roc Mr. Saleh. There was the matter about a street into the complex. Mr. Jess Black, fro~ the State Hig!nray Department, was down here atç~t it. The results were an amendment to the Stevens Freeway Agreeoent In that the money allocate1 ~o:- improvement e~ Lowe Avenue was transferred to Peninsula Avenue Moved by Councllman Noel, seconded by Councilman Stokes, to put this matter over-to the next regular meeting. Motlon carried, 4-0 5. The Clty Mrmager received a -telephone call 1"1'Om Mr. Troy Ramp,y on September l5th, indicating he Is going to realgn Cram the A·rchltectural and Site Approval CoDm1ttee because he is just too busy to devote the proper t1me to it. He has !'ecently opened a store in a new business loca- tion. -6- r I I , I i I I ¡ I C, RBPORl' OF DIŒ'l'OR OP PUBLIC WORKS . 1. The Director ot 1'I.I"l1c Workø quoted trom the Plann1ng Director's _ 11\ regard tt,' the Planning CODlØlisslcn' s thoughts abolat a Planting str1p in the center of SteveM Creek Blv4, He said thls 1. l-lt Øll1e long, and stated the tao'ON to be conalde!"ed before a decls1ol\ 1. lade Oft this. Co1mC1Jau 'fttllØQlW ..~ he .. always under the DpreUSòD 't_t ~'''.·:80SN· to, M dQDe allPQ'. '1'be Clf;J' 1IIIIIIiiâer' tftt1niiI. t:IIat ,~. C1f;J' Counc11 IaS alreed7 ~ to ..... tile Cel1~ ar striP 1aDd- .cape4.~"'-..l.ta11a 119'__ 110&1œ4 out. 2. '1'be D1ftc~ 'nil . ''''eIIt$n ~"";'r l.tter, 1Ihich .. 41.CI~"" at ~_~ C2.V COUJlO11 _ting. He ~..... b1a ~.,11101ud1DS ploture. ~ the s1t., quotÞa ~ ot 0JIð,........ 21l1A, the So11 Ilel10rt rz- the P01oa1ata, and a rel10rt t1'Olll Ro1te 1Dg1JIeeft.' Be tbeft "-1t 1Dto a techn1ca1 d1ecU8s10n of the drat...po PI't"l_ llere and the 110881ble s01utlona thereot, Mr. Stuart Smdel.". 1820 W. C&IIPbell Avenue, campbell, ..id be S.I legal counsel representlng hoIIeownera in ~ Terrece Umt 3. He submitted pictures ot ·beto...· and ·atter" the earth-moving and showed ho1l erol10n and slides are threatemng the area. He 11&14 poading has been accoØlpl1shed to the polnt where U lOes above the fence llne of the eXlstlng homes. ... urged the City Councl1 to In- vest1gate the 88t", ot this project. The Director ot 1'I.Ibl1c Works 881d no existlng Ordi- nance has been vl011ted here. Mr. Sandel_n lIal\1 there 1s no absolute assurance of erosion condltlonl, The probletll exlsta now and he contends that suttioient provlslon has not been made to prevent U, These people would l1ke the problem solved ~tO'" 1rreparable da_ge is done. He sald there ls 'he questlon ot l1abll1ty her.!. Mayor Dempster "1d San Jose Water Works 18 up tt.ere and he wondered 1t there was any ev1dence of erosion there. Mr. Robert ". Shirk, 11264 Redondo Court, Cupertino, 88id there 18 a II I I.tback froØl the property line that Is planted alld they have paid lB1ntenance tor that area. On ..'1....1 occaslons, slIt has come down allover h1a ....ss. He 1"elt we chould examine whether or not 11. Want 1"111 being dumped on the vacant lots. Mr. Crump sald tho t111 on these lots was created to keep the eIre_.. trom the lot. and the cul-de- sac. He sugestad the people etIIploy a civl1 englneer rather than their present legal counc.1l, who has made s,o _ny wrona ltatementa.. Mr. Sandelman sa1d is is an engineer. as well as a lawyer. In turther queetiOn1ng, It "I learned he i. a Mechanlcal Engineer. , h I; r ·7- Mrø, DvNth1 rnell1ner, 11256 Redondo Co~, CUpertino, Bubc1~~ed a petition with 63 aignaturea ot people who aore either involved 1n th1s or are in sympathy ..lth those who are. MB3:or Dempster advised the Director of Publlc Vorks. Mr. crumP. and others inVolved in the Etter to put their heads together to" wrk thls thing out. Be a8lced If San Jose Water Vo11al ant1clpatea a probl811 heN. . Mr. CruIIp S.alcì t.Iia~, 1D 91ew ot u.t~~.. ~~.=. cUd -" not wUh to ~~ 1.t-e1~ at tlj)it\1M"OD "other tbm the 1IaP." ;-..;'"" ; : -.-¡ .:."- .: .. ( . .. ····eouncu.aD lfoe1_ ~"iÎboulltø1t"&o1DS oIsto ~.. people'S JIU'da, .etc.. 8IId te1t It s~þe.ätftNd· to t.he Itàtt 811d'_ before ttie C1:1:;t' counot1' at . later date. '!tie D1ftctor ot I'I1bl1o-worìfi" Ià1ð tile atter halibeeD cb....-1o.èit out wltli PBA. . Oft"1ftS Ord1nanc:e, and the Subð191alon Oi'd1naDt:a-. Councllaen Sto1reB said the nanning eo-tsslon 13 cur- rently rev1ew1J1g the Orec11ng Ordinance. Councllman F1 tzgerald asked it there ls aIV' other solution than to ralse the level ot the lots. The Director sald there was. and he went on to describe how this could be accompllshed. He sald It would be more costly and less e1"tlcient. Mrs. Sheehy sald she lives on Lot 80 and they also have drainage problema, so the problem is not Just In a small, confined area. Mrs. Ren Bolby, 1112.': La Paloma Drive, Cupertlno, ex- pla1r.!!d in great detail some of the experlences ot the homec~ers on her street have had, due to the drainage and fi:l problems. The City Attorney stated that the Dlrector 01" Publlc Works has no recourse as the Ordinance 2l4A now stands. There is, however, the question about the health. safety and publlc weltare portion. Moved by Councl1man Stokes, seconded by Councllman Noel, :c instruct the City Staff to work dll1gently to ge~ t~~s probleo resolved. Motion carrled, 4-0 REPORT OF THE CITY ENGI!ŒER 1. CROSSROADS CENTER, UNIT C, south side 01" Stevena Creek Blvd., 500' west ot Highway 9. It was the recommendation ?f thE C1ty Bng1neer to a\\thor1ze the Clty Engineer to int01"lll the developer an:! h1s bonding COlllpany that the improvement bonds .my now be retlred. So moved by Councl1man Pitzgerald, seconded by Councilman Noel. Motlon carried, 4-0 -8- D. REPORT 0:' CITY AT1"OR1iK!' 1. The Hearing date tor Resolutton No. 1167, wMch was 1r.1tiated by Mr. Crump tt at·' ~on certain portions or Regnart Road, abould b~ ~~'" ~or Oct. 18, ~965. So CIOved by Counc~ Noel, seconded b7 Councilman Fitzgerald. A1ES: !fAYS : ABSBIIT: CouÐc. fttzgerald, Noel, Stokes, J)eepater lfoœ CoUDCu..n 1P1nch IIot1oa carr1.ed, 11-0 2. lfotIce ot "-UGh to the Centra1 1'1N Pro"CeCtlon District of Santa C1ara County, of those propertIes kDown as Ricardo ~..J and Mercedes 611-5. B.. IIBPORT:>P BUIWIJI) DSPIIiC'1'OR There .as n<; re¡.rort. P. REPORT OF RECREATION DIJIBC'1'OR 1. The Director gave a statistical report ot the su:aer program and a rundown or the fall and winter program c~ up. 2. The Dlrector said the October issue 01" the National Recreat10n Association's Magazlne, whlch has a nat10nal and 1nternatlonal distrIbution, carries an arU.::le of' CUpertino's park program. 3. The Parks Comm1.ssIon would like a study session wlt~ the City Councll in the near future. Mayor Deapster sald th1s meetlng would be set up at the next regular Clty Councl1 meeting. :I. REPORT OF :ITY PUJllfIJIG DIRBCTOfI 1. 7!:e ~lrector reterred to tM Planning CoCllft1.ss1en's M1n~te Order reprdlng cooperation with adJi&cu.t c1tles. It _s felt this should be tirat ~ndLed cn ar. Into~l tasls. Councl1..n Stokes t:>c....ht t!:e Ma:;ora' ~et1ng or Inter-City Councl1 >oou11 be a .;cod place to start. 2. ':'he :Jlrector called attent10n to the Second Dratt or t!:e Home Occu¡:at10na Ord1nance. He aald the Planning Comm1ss10n felt there was some urgency here and asked If the Councl1 could ¡:ass SOll8 tell!- pora17 measure on th1s, untl1 tM tlne po1nts or the Ordinance can be worked out. Mayor Detspeter was against hasty action here and 1"eels another tift) weeks or so won't make that much dltterence. X 1JJIIPI1IISIi.'ID B1SINESS A. Coun:ll11.'IUI Fltzgerald asked about the outcome or the vet cllnlc court case. The Clty Attorney gave Ms ob- servat10M ot the Judpent and then aaid the City Council should dec1de by the next meeting whetMr to appeal th1s decision. -9- - - XI Jm K'SD-"35-S ~ .~ 0:/. Arr....:.a.: : A. I'..ove·" by Councll.aø Stokes, seconded by Counc11man P1:z,.-e..'"ald, to 1r.8truct the C~~y Manager to wrlte a le.~er to the Shertt't"s 01"f1ce cOCl:lending them Oil the~!' enforcement o~ the laws. It Is not the In- tenUon 01" the Cj,~ Councl1 that some laws should be e~c!'Ced and others overlooked. JlÞUon carried, ~-O ADJuu~J: JIa;yor De.¡leter called ~or an executive sesslon at 10:35 P.M. 11 _,;i . 1feet1Dg adjourned at; 10:115 P.M. II .- ArI"JlUYJW: /s/ J. Robert Dempster Mayor /' ."/.):':--- .10 .,. r:~~"-i..... ,J Depu:y :-~ ~7 Clerk -10-