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CC 10-18-65Sli 7-&a 10321 South Saratoga -Sunnyvale Road Cupertino, California, 95011! phone:.252-4505 PI' ANNING COMMISSION. CITY OF C.UPERTIN0 .California. v.L' 1965 MINUTES OF THE REGULAR MEETING OF THE.CITY COUNCIL - October 18, 1965 PLACE: Board'Room, Cupertino School District Office 10300 Vista Drive, Cupertino, California TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch (8:15), Fitzgerald, Noel,.Stolces, Dempster Councilmen - absent.: None Staff present: City Attorney, Sam Anderson Dir, of Public t,rorks, Frank Finney City Cl:erlc, .Larry Martin Dir. of Planning, Adde Laurin City Engineer, Bob Shook Assist. Dir. of Planning, Jim Nuzum Recreation Director, John Parham Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETING - October 4, 1965 The Director of Public lJorks called attention to Page,11, Item C, which should refer. to. the. Wolfe .Road Project instead of the Stevens Creek Blvd. Improvement Project.... Moved by Councilman Stokes, seconded by Councilman Noel, to approve the Minutes of.October L!th as corrected.. Motion carried, 5-0 IV ORAL AND WRITTEN COMMUNICATIONS 101 1. Mrs. Dorothy Williams, 2.2022 Lindy Lane, Cupertino, said she is quite concerned about the condition of Lindy Lane, -due to the developers' misuse of it. The storm drain, needs to be completed before the rains start. 9he.had a letter from her husband's doctor stating that it could be a matter of life or death if Lindy Lane should become impassable. The Director of Public Works stated that he is aware of this condition.and has taken polite. action on. it. Since this has not been effective, he will now use impolite measures to accomplish this;. 2. Mr. Chris Lofgren, P.O. Box-.741, Los Altos, said he has a permit from the Count-,T to. build a .service station on his property on the west side of Foothill Blvd.,,north of Stevens Creels Blvd. He would like to relocate the station so there will .be only one- road involved:. .,,He, was. -directed to take this up with the Director of Public Worls. l WRITTEN COMMUNICATIONS 1. Copy of booklet of suggestions for state property tax legislation. 2. Letter from City of San Jose asking Cupertino to adopt their Resolution for PSA increase in service. MINUTE ORDER: liw* In regard to the Vice -Mayor of San Jose's request for support in obtaining an increase in,operating authority for PSA, it was moved by Councilman Fitzgerald, seconded by Councilman Noel, that the Cupertino City Council hereby supports PSA's application for same, AYES: Councilmen Fitzgerald, Finch, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 3. Letter on behalf of the Creston Improvement Association regarding Item VI B on this evening's agenda. 7I 4. Letter from Mr. Mittelman asking for a Public Hearing on application 8-U-65 (Item V A 1 on this evening's agenda.) There was considerable discussion on procedure and exchange of ideas between the City Attorney, the City Council, and Mr. Mittelman. MINUTE ORDER: Moved by Councilman Stokes, seconded by Councilman Noel, that the applicant be per- mitted to contact the City Attorney, in the absence of the City Manager, in regard to this application. Motion carried, 5-0 The City Clerk was instructed to publish this Public Hear- ing for November 1st and legally, with the idea that unless we hear from Mr. Mittelman, it will then be postponed until November 15th. 5. Applications for the vacancies on the Architectural and Site Control Committee from Messrs. Tindall & Shallman. 6« Notice of Hearing before the PUC regarding TELPAC and private lines. 7. Letter from Mayor of Long Beach, asking Cupertino to con- tact Governor Brown in support making it a felony instead of misdemeanor to make or use the "Molotov Cocktails." Moved by Councilman Fitzgerald, seconded by Councilman Noel, to accept the written communications. Motion carried, 5-0 V A. REPORT OF PLANNING COMMISSION 1. VALLEY TITLE COMPANY ( Page Properties) Use Permit for �1 a 50-acre, one -family Cluster Development within a PC-H-zone, east of Mary Avenue, north of Stevens Creek NEW Blvd, Approved by Planning Commission Resolution No, 301 (continued). This item was postponed until November lst. -2 (corrected 10/26/65) E. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE There was no meeting of the Committee; hence, no report. VI PUBLIC HEARINGS A. APPEAL: JOSEPH DUMONT, application 18-z-65 for Rezoning from R-3-H to C-1-H at 20532 Kirwin Lane. Denied by Planning Commission Resolution No. 300. Mr. Joseph Dumont, 7669 Rainbow Drive, San Jose, displayed several maps and plot plans to illustrate his proposal. He said he already has C-1-H zoning on the front lot, but wants to extend it through the adjacent lot in order to put his 9400 sq. ft. building on it, along with the required parking spaces. He has 125' frontage on Saratoga -Sunnyvale Road and 190' frontage on Kirwin Lane. He plans a commercial complex. Mayor Dempster asked for comments from the audience. Mrs. Mary Kelly, 20548 Kirwin Lane, said she has submitted a letter in regard to this application and would like it entered in the record. Chairman Gates said the Planning Commission's chief objection to this proposal was the 160' depth; they felt it should be LI00' deep. Councilman Noel asked what would prevent Mr. Dumont from build- ing a commercial building on only the presently -zoned C-1-H portion. Chairman Gates said that it obviously would be uneconomical. The City PlanningDirector felt commercial use here would be proper, but we should be concerned about the residential next door. He suggested a wider strip between residential and commercial and a buffering of some kind should be required. Mr. Dumont said he is willing to put up the required masonry wall and buffering. Moved by Councilman Finch, seconded by Councilman Noel, to close the Public Hearing. Mrs. Kelly wanted it known that she preferred professional rather than commercial zoning here. She is quite concerned about the increase in traffic. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Moved by Councilman Finch, seconded by Councilman Stokes, that application 18-z-65 be approved, with the stipulation that there is to be no two-story due to the fact there is resi- dential next door, and there are to be trees as buffering within the 10' setback. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 0 B. APPEAL: MacKAY & SOMPS: application 8-TM-65, Tentative Map, east of Foothill Blvd., south of Hartman Drive, 34.5 acres. Denied by Planning Commission Resolution No. 302. See also Planning Commission Resolution No. 303.. Mr. George Somps, 1130 W. Evelyn, Sunnyvale, gave a brief synopsis of the previous proceedings on this property. The main problem seems to be that they want two R-2 lots to front on Foothill Blvd. and to create access to Foothill Blvd. The Planning Commission preferred to have them have access to Alpine Drive. This proposal is for five duplexes. Three duplexes already exist. Mr. Somps then reviewed the traffic circulation. Mayor Dempster asked for comments from the audience. There was a letter from Creston Improvement Association in favor of this application. Mr. DeWitt, 10395 Rivercrest Court.,, said the people of River - crest were originally against this subdivision because of the size of the lots. However, this plan is the best one they have seen so far, or expect to see. Mr. Steve Hall, 10629 Baxter Avenue, Los Altos, said he would like to see another street put in to the south of Hillcrest. He also wanted to know what will happen to the trees when this property is developed. Mr. Somps said the trees are an asset to the developer and he felt they would save rather than destroy them. Mayor Dempster said Cupertino's Subdivision Ordinance now provides for the preservation of trees. Moved by Councilman Finch, seconded by Councilman.Fitzgerald, to close the Public Hearings. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Chairman Gates said that the Planning.Commi.ssion felt that the condition whereby the duplex lots should be fed from the internal street was quite important; The Director of Planning emphasized the amount of traffic which will inevitably be generated onto Foothill Blvd. He prepared a traffic study, with 3700 dwelling units already in existance in that area, noting that with present zoning there is a maximum potential of 4600 dwelling units in this plateau area east of Stevens Creek Blvd. The Director had prepared a map to illustrate his points and referred to his recent memo on this subject. He pointed to Bollinger Road and Mary Avenue as classic examples of not planning ahead, and cautioned the Council against such action. Councilman Finch asked why Alpine Drive is a necessity when it does not even exist. Councilman Stokes, who is on the Trafficways Committee, said Phase Two of the Expressway System includes the development of Foothill Blvd. He felt it was important to keep the inter- sections onto Foothill Blvd. down to a minimum. The Director of Public Works said the Planning Director is trying to preserve the right-of-way, and Mr. Somps has pre- sented an interim proposal. He felt it would be better to bring the street out on the P.G. & E. easement; one lane between the towers and one on the other side. -4- The City Engineer said Cook and Wilson are improving Alpine Drive From Foothill Blvd., back.to.the improved road. They have a recorded map on this,. Mr, . Milton Burnham explainedis�ver.s:ion of what he learned at the Trafficways meeting, Moved by Councilman Fitzgerald,, seconded by; Councilman Noel, to reopen -the Public Hearing. Motion carried, 5-0 -Mr.'Walter Ainsworth, 10689 Ainsworth -Drive, does not feel Foothill Blvd. will have as much.traf:fic as the City 'Planner anticipates. He said they will use the freeway instead of the expressways because of .the 9peod.limit.and no stop lights. The Director, of Planning said he did. not figure any, through traffic`, just local .traffic;. getting out. The .State ;pr.eaent plan is a tapering between the expressway and rural road here. Mr Hogan, .11067.Linda Vista Drive, .;feels. it is important.to keep the signaling on Foothill.Blvd, down to a minimum, and there should be no direct access to Foothill Blvd. from lots. Moved by Councilman Finch, seconded.by Councilman Fitzgerald, to close the Public Hearing. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Councilman Fitzgerald said he has studied,the situation and feels the proposed access is better than Alpine Drive. Councilman Stokes questioned whether it was necessary to have the intersection where it is proposed. He said you don't need as much visibility when the intersection is signalized. May9r D'err}pster .feels cars would ,be able. to make a safe right turn onto Foothill Blvd. from the proposed street. He also feels there is some hardship here on the part of the applicant, which should be taken into consideration. Councilman Finch would like to propose Cook and Wilson -provide access on their final map. He suggested that a study session be held the following night, with a representative from Cook & Wilson, Mr. Somps, and..a.County Expressway representative. Moved by Councilman Fitzgerald, seconded by Councilman Finch, to approve application 8-..TM-65-,, with the stipulation that they will leave lots 411 and 45 open so thatthey might connect with Alpine Drive and access of two duplex lots 3 and 4 to be onto proposed street through the lots; lots 1 and 2:.,to-have mutual. access; all other lots will have access only to the internal streets; strip between lots 44land,45 to be dedicated and.. bonded until Phase Two of the Expressway System is developed. Councilman Finch feels this should go back to the Pldn'nin Comitission' if ' there are to 'be -Any :changes . on the Tentative Map. .. :.: Chairman Gates cautioned that no entry should. Ve,allovwe.d through the duplex lots... -5- Mayor Dempster fPPls it would .r a ilc" a0i1ip to ita,.o sti eet going through the towers to these new homes. Councilman Fitzgerald reminded the Council `'that the developer said he would dedicate the 60, to get to Alpine Drive. Moved by Councilman Finch, seconded by Councilman. Stokes, to refer this back to the Planning Commission. Councilman Stokes asked the developer if this would affect him, timewise. Mr. Somps said that it would! Councilman Stokes then withdrew his Second to the Motion. Moved by Councilman.Stokes, seconded by Councilman Noel, that this application be sent to a study session, to be resolved at the earliest date possible. At this point,.Mr. David Franklin said, if we give 60, strip underneath the towers and access to Alpine Drive, nothing more can.be gained from a study session. He said they were right down to the line now on this application and need action at this meeting. Chairman Gates said three conditions were laid down for the Tentative Map months ago, and all three were violated. Moved by Councilman Fitzgerald, seconded by Mayor Dempster, to approve application 8-TM-65, subject to the developerts dedi- cating a strip of land between lots 44 and 45 and put up a bond for the improvements of same; that the access for lots 3 and 4 be provided with a rear access from the street; that lots 1 and 2 have a mutual access to Foothill Blvd.; and lot 40 also have access to internal street; and with the future provision that we mightconsider closing off the access street to Foothill Blvd. if the extension through Alpine Drive is thought to be more feasible. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: Councilmen Finch, Noel Motion carried, 3-2 Mayor'Dempster called for a five-minute break at 10:30. VII ORDINANCE AND RESOLUTIONS FOR ADOPTION 1. The City Attorney requested that Resolution No. 1176, the Regnart Vacation, be postponed for two weeks. So moved, by Councilman Finch, seconded by Councilman Fitzgerald. Motion carried, 5-0 VIII PAYING BILLS A. Resolutions No. 1177 and 1178. Resolution No. 1177 was read by Treasurer Fitzgerald. Moved by Councilman.Finch,,secended by Councilman Nae1, that Resolution No. 1177 be adopted. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 M Resolution No. 1178 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Finch, that Resolution No. 1178 be adopted. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had no further report. B. REPORT OF CITY MANAGER 1. In the absence of the City Manager,the Director of Public Works read a letter from the County of Santa Clara regarding consolidation of all lighting districts. Final Hearing on this is set for November 2nd. This was referred to the City Attorney for study, 2. The Cupertino Lions Club is requesting permission to put up a banner, to be located at Miller Avenue and Stevens Creek Blvd., from October 20th to November 1st, proclaiming Cupertino's Tenth Anniversary.. So moved by Councilman Finch, seconded by Councilman Fitzgerald. Motion carried; 5=0 3. The buildings at the corporation yard are just about completed. C. REPORT OF DIRECTOR OF PUBLIC WORKS Referring to his written report of October 15th: 1. Stevens Creek Blvd. Improvement Project -- Bids should be in about March 15th and start construction the first of May. 6. Deep Cliffe Outfall -- The project was completed today. 7. The Gallery -- To date, we have received requests for only two sets of plans. Renovation may have to be delayed until next year. 9. Water Report -- The Director suggested a study session be set up on this. Councilman Finch suggested Tuesday, October 19th, 8 P.M., City Hall. 13. Mr. Theisner has written another letter regarding "the mountain;" this time, asking for a 30-day delay because he hopes to have an alternate plan by that time. The Director feels the problem will solve itself. He has reviewed the revised plan and it seems satisfactory. Mayor Dempster asked the Director to call Mr. Theisner and tell him of.the alternate plan already in effect. -7- (corrected 10/26/65) CITY ENGINEER'S REPORT 1. SHELL OIL - Bubb & McClellan, SW corner Upon recommendation 'of the Gicy Engineer, ;it; Was moved by Counc. Finch, ;seconded by Councilman Fitzgerald, to authorize -the City•Engineer to inform the developer and his bonding company that t11e improvement bonds may now be retired. Motion carried, 5--0 2. TRACT NO. 3896, BAYWOOD TERRACE, UNIT NO. 5 . , Bubb Road at Regnart Road.. Upon recommendation of ,the City Engineer, it was moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt Resolution Nc.` 19162'accepting "Quitclaim Deed ^and :Authorizatian" from Ward Crump Developments, Inc. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 3. REGNART`DRAIN FROM BUBB ROAD -TO LINDY'LANE Upon recommendation of the City Engineer, it was moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No: 1174 accepting storm drain ease- ment from Gerard-Billard, et. ux. AYES Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Upon recommendation of the City Engineer, it was moved by Councilman Finch; seconded by'Councilman Fitzgerald, to..adopt.Resolution No. 1179 accepting.public utility easement. from.Ward:Crump Developments.; Inc. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: . None Motion carried, 5-0 4. UE-1000 -• Hwy 85" to, Lawrence Station: Road Stevens Creek Improvement Project Upon recommendation of the City Engineer, it was moved by Councilman Noel, seconded by Councilman Fitzgerald; to adopt Resolution No. 1183, accepting roadway ded - cation from Western Title Guaranty Company. AYES:.::.:Counc. Finch, Fitzgerald; Noel; Stokes, Dcmpsr.er NAYS: None Motion carried;:.5=0 Councilman Finch complimented Vallco foi, getting the ball rolling on this important project,' 5. STEVENS CREEK GALLERY TM PRCVEMENT Upon recommendation of the City Engineer, an adjourned meeting was, set for 'Nc,nday, October 25 :, 7 : 30, in his office, for the purpose of-.'viaiding the contract. M F. REPORT OF THE BUILDING INSPECTOR There was none. G. REPORT OF RECREATION DIRECTOR. 1. This Saturday will be the first excursion of the .year to Big Basin. 2. There Caere 17 participants in -the first series of flag football games. 3. The Punt -Pass -Kick contest we hope will be sponsored in the future by Ford. 4. There will..be a movie on October 22nd. 5. A teen trip to the Circle Star Theater is being planned. H. REPORT OF PLANNING DIRECTOR He had no report at this time. E. REPORT OF CITY ATTORNEY 1. The City Attorney suggested a Minute Order be passed authorizing the signing of the street lighting Agreement. So moved by Councilman Finch, seconded by Councilman Noel. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 2. The City Attorney requested the Paganini Park Site situation be held over to the next regular meeting, X UNFINISHED BUSINESS A. City Seal Moved by Councilman Stokes, seconded by Councilman Finch, to approve the Hallma ou City Seal. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster. NAYS: None Motion carried, 5-0 , B. Mary Avenue Signalization Mayor Dempster moved to continue this item. He said that, at this point, this can only be handled through the school district. Moved by Councilman Noel., seconded by Councilman Stokes. to take this item off the agenda. for now. Motion carried, 5-0 M C. Proposed Urgency Ordinance No. 321 Regulating Home Occupa- tions. Approved by Planning Commission Resolution 304. Moved by Councilman Finch, seconded by Councilman Fitzgerald that Resolution No. 1184 be adopted, referring Planning Commission Resolution No. 3o4 back to the Planning Commis- sion, to be handled as a regular Ordinance rather than an Urgency Ordinance. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 XI NEW BUSINESS A. Time Deposit Award: $200,000.00. Bids were as follows for one year maturity: Bank of America L4-3/8 Wells -Fargo 4-1/4 Crocker Citizens 4-1/4 First Valley 4-1/4 Moved by Councilman Finch, seconded by Councilman Stokes, to award the time deposit of $200,000.00 to Bank of America for 4-3/8 o for one year. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 B. MISCELLANEOUS fo, Moved by Councilman Finch, seconded by Councilman Fitzgerald to direct the Planning Commission to explore in the very near future and prepare an Ordinance to place all utilities underground. Motion carried, 5-0 XII ADJOURNMENT Moved by Councilman Noel, seconded by Councilman Stolres, to adjourn the meeting at 11:00 P.M. ATTEST: City Clerk APPROVED: /s/ J. Robert Dempster Mayor -10- r 10321 !Þ¡;~t 52rato¿;2-Smnyvale Ru~ Cupe~. eaaforn:'e, 95011' phone: ':2-':'::C:: -.... J J CITY OP CU?ERTINO ca~C!T.j.3 MI~ CIP 'mE REGUL\l¡ MEETIIÐ OP THE CI'1!Y COUNCIL - Octoba!' 18, 196~ PLACK: !bard RooII, Cupertino Scl:JDo1 D1ðtr1ct Office 1Ø3OO Vilta Drive, Cupert1Do, Ca11f"n~1a '1'DŒ: 8:00 P.M. :t ~ '1'0 TRI FLAG XX -.,¡. CALL Cu_..:U.en present: P1Deb (8:15), P1tzgerald, Noel, StokfJS, DespRer ~1lllen absent: None SUaf'f' preser.~: Clt7 Attorney, Sam Ander~on Dlr. of Plrb11c l'orks, Frank Pinney Clt7 Clerk, Larry Martin Dlr. of' P1annlng, Adde Laurin C1t7 Engineer, Bob Shook Asslst. D1r. of Planning, Jim Nuz~= Recreatlon Dlrector, John Parha~ Reco~1n¿; Se<:retary, Lois Inwards III JaNlTl'ES OF ::-S PREVIOUS ~:NG - October ~, 1965 T:-~ Directz:-:f Publlc "'o:-1<s :;aIled e'~,;ention to Page 1:, Io;elll C, w¡-...:::: s!'ould refer ';0 -:he 1'olfe Road Proje<:t ~~s-:e31 c~ the Stev~::s Creek Blvd. Ia:.J~emen~ Project. ~.ed by Co ::cilC12n S';o~es, s::~nded by Councilman Noel, ~o ;approve the '!.:.m,tes of Oc~ote:' 'th as corrected. Mo~~~~ :arrled, ~-O IV tEAL AND \o'F.::':'EN COMMtmIC,\7:CS:S OrAL _. Mrs. D,:,=-=t.:y '!illiams. :;2::22 Lindy Lane, Cupertir.o, së~1 she ls '>:';;e conc.err..,-j ;a~~-: ;;he condition of Lin-::y !..ë:-.e, due to .~¿ developers' ~s~se of it. The storm è:'ë~r. needs .: = ::e completed be:'c:-e the rains start. S¡-.e:-..ë:i a letter :=-=~ her husta~'s èO:1;Or stating that 1. :=~ij te a matte!' of life or dea~r. if Lindy Lane should ~e"c~ Impasse~:e. The Dirèz-;or e1" Public 110rks sta,;eC: ,;.a-: ~.e is awa:-e of this condition and has tal<en polite a ,tio!'. ~n It. Si:::¿ this has not beer. effective, he will now ~se Impolit~ ~easures to ~ccomp¡ish th1s. 2. Mr. Chr~s Lofgren, -p.O. Box 7<'1, Los Altos, said ¡-.e r.as a permit :rcm the Count? to b~ild a service sta.ion o~ ~1s proper:;,- er. the west slde or rooth1l1 Blvd., nort:-. 0:' Stever.s ::'!'eelc Blvd. Be lIC",ld like to relocate ~~e station so there: ..ill be only one roó.1 invol-"ed. He was :Hre:ted to ta!ce this up wlth :he :>1rector of Public '·'or!:s. -~- W!U T'1' Qf COI"J'IU NJ. CA '1'.1. UN.:> 1. COPY of boo!rlet of suggestions for state pro~:'ty tax legislation. 2. Letter from City of San Jose asking Cupertlno to adopt thelr Resolution for PSA increase in servlce. IlINUTE ORDER: In regard to the Vlce-Mayor ot San Jose' s request tor support In obtaln1ng an morease in operat1Dg authority for PSA. it was IDOVed lIT Council_n Pitzgerald. seconded by CouncI~ Jfoel, that the Cupertino CIty Councl1 hereby supports PSA's app11catIon tor _. AYES: Councilmen Fitzgerald, Finoh, Noel. Stokes. Dempater JlAYS: None Motlon carrled, 5-0 3. Letter on behalf of the Creston Improvement Assoc1atlon regarding Item VI B on this evenlng's agenda. 4. J..etter from Mr. Mittelman asking for a Public Hearing on application 8-u-65 (Item V A 1 on this evenlng's agenda.) There was considerable dlscussion on procedure and exchange of ideas between the Clty Attorney, the Clty Co~cil, and Mr. Mittelman. MINUTE ORDER: Moved b:¡r Councilman Stokes, secon:!ed by Councilman Noel, that the applicant be ~r- mitted to contact the City Attorney, In the absence of the City Manager, In regard to this appl~cation. Motion carried, 5-0 The City Clerk was Inst~~~ted to publish this ?~tlic Hear- ing for November 1st and legally, with the idea tr~t unlp.ss we hear from Mr. Mittelman, it will then be postponed ~ntil November 15th. 5. Applications 1"or the vacancles on the Archltectural an:! Site Control Committee from Messrs. Tindall & S~~llman. é. Notice of Hearing before the PUC regarding TEI.?;'C an:! private lines. 7. Letter L-om Mayor of Lcn;: Beach, asking Cupertino to con- tact Governor Brown in s'~pport mal:ing it a felony instead of misd~meanor to œke or use the "Molotov Cocktails." Moved by Councilman Fltzgerald, seconded by Counctlœn I~el, to accept the written communications. Motlon carrled, 5-0 .. A. REPORT OF PLANNING COMMISSION 1. VALLEY TITLE COMPANY (Page Properties) Use Perml t for a 50-acre, one-family Cluster Development ~ithin a PC-H zone, east of Mary Avenue, north of S~e,en2 Creek Blvd. A~proVed by Plannlng Commission Resolution No. 301 (cont1nued). This item was postponed until November 1st. -2- (corrected lOj26j65) B. IU!:l'Oln" Ol" TlŒ AHCJUTHC'l:UAAl. AJW .:;~...", ArrnVV"L ".....M_I..n"'''' There II.. no IIIHt1ng or the Comm1ttee; hence, no report. n PUBLIC HEARINGS A. APPBAL: J'OSBPB OOMONT, appl1catlon l8-z-65 for RezonJ.ng t1'Oll R-3-H to C-1-H at 20532 nrw1n Lane. Denied by Planning eo-i.aalon Resolution No. 300. 111'. J'oaeph Dua:lnt,7669 Rainbow Drive, San .lose, dlaplayed '.veral ..~ aDd Plot plana to 1lluatl.te hia proposal. He ..1d be alreaq bu C:-1-B 1OÐ1ng on tbe tront lot, bUt wanta to extend 1t tbrou8b tbe adjacent lot 1n order to put; h1a 9IIóo sq. tt. ....n.......OD it, aJ.ons with the requ1J;'ed. parking .paces. He baa 125' hontage on Saratop-SUnllyva1e Road and 190' trontage on K1rIr1n Lane. He plana a commerc1al complex. ~r Dellpater ...., tor coaaenta no. the aud1ence. Mrs. IIIu7 l(e117, 205118 K1Jow1n Lane, sa1d ahe baa subm1tted a letter 1n regard to thi. application and would like It entered in the record. _ Chal1'11an Gatrs aa1d the Planning Coaa1I18ion's chlet objectlon to th1s propoaa1 _a the 160' depth; they 1"elt it should be 400' deep. Councll11an Noel asked what would prevent Mr. Dwnont t'rom build- ing a c0mm8rc1a1 ~1d1ng on only the presently-zoned C-l-H po!'tlon. Chal~ Gates sald that It obvlously would be uneconomlcal. The City PlanningD1rector 1"elt commerclal use here would be proper, but we should be concerned about the residentlal next door. He auggested a wlder strip between resldentlal and commerclal and a butter1~ of some klnd should be requlred. Mr. Dumont sald he ls willing to put up the required masonry wall and buf1"ering. Moved by Counoilman Pinch, seconded by Councilman Noel, to close the Publlc Hearing. Mrs. Kelly wanted it known that she prefer:oed pro1"esslonal rather than commercul ZQn1ng here. She ls qUlte c'Jncerned about the 1ncrease 1n tra1"1"ic. AYES: Councilmen ~1nch, Pitzgerald, Noel, Stokes, Dempster NAYS: None Motion carrled, 5-0 Moved by Counollman Pinch, seconded by Cou."lc1lman Stokes, trot appllcation l8-Z-65 be approved, with the stlpulatlon that there 18 to be no two-story due to the 1"act there is resl- dent1al next door, and there are to be trees as buf1"ering wlthln the 10' setback. AYES: Counc11men Pinch, F1tzgerald, Noel, Stokes, Dempster NAYS: None Motion carrled, 5-0 -3- APP~L: MacKAY & S(p'I'S: application 8-rm-65, Tentative Map, east of Poothill Blvd., south o~ Hartman Drive, 34.S acres. Denied by Planning Commission Resolution No. 302. See also Planning Commisslon Resolution NO. 303. Mr. George Somps, 1130 W. Evelyn, Su.omyvale, gave a brie1" synopsis 01" the prevloua prot"_eedlngs on this property. The maln problem seems to be that they want two R-2 lots to I'ront on Footh1ll Blvd. and to create access to Foothill Blvd. The Planning Commission preferred to have them have access to Alplne Drive. This proposal is 1"or five dup1exes. Three duplexes already exist. !f.r. Sompa then revlewæ the traffic clrculat1on. B. Mayor Deaipater asked for comments from the auC:~<mce. There ..s a letter 1'ro. C:oeston Improve:tent AS80clatlon in favor of this application. Mr. DeVltt, 10395 R1vercrest Court, said the people of R1ver- crest were originally agalnst this subdlvlslon because 01" the slze of 1;he lots. However, th1s plan is the best one they have seen so Car, or expect to see. Mr. Steve Hall, 10629 Baxter Avenue, Los Altos, said he would llke to see another street put In to the south of H1llcr~st. He also wanted to know what wlll happen to the trees when this property is developed. Mr. Somps said the trees are an asset to the developer and he felt th~y would &ãVe rather than dest~y them. Mayor Dempster sald Cupertino's Subdlvislon Ordinance now provides for th~ ~reservation of trees. Moved ty Councllman F~~~h, seconded by Councilman Fitzgerald, to close the Public Hea~1ngs. AYES: Councllmen Fi~c~, Fitzgerale, Noel, Sto~es, ~empster NAYS: Sene ~otion carried, 5-0 Chai~an Gates said t~¿~ the Plannin~ Commlssion fe~t that the condltion whereby ~he duplex lots should be fed from the internal street was q~i~e important. The Director of Plar~1n; emphasized the amount of traffic which will i~ev1tably be generated onto Foothill Blvd. He ¡:.repared a traf:'1c study, ~l~h 3700 dwelling units already i!'l existance In that area, r.cting that with present zonlng there Is a maximum potentlal of ~600 dwelling units in this plateau area east of Stevens Creek Elvd. The Director had prepared a map to lllustrate his pcl!'lts and re1"erred to hls recent memo on this subject. He pcInted to Bollinger Road and llal"".i Avenue as classic examples of ~ot planning ahead, and c~utIoned the Council agalnat such ac·;ion. Councilcan Pinch asked why Alplne Drive is a r.acesslty when it does not even exlst. Counc~lman Stokes, who- ls on the Trafflcways Committee, said Phase Two 01" the Exp~ssway System includes the development 01" FOothill Blvd. He 1"elt it was Important to keep the inter- sections onto Foothill Blvd. down to a minlmum. The Director 01" Public Works said the Plannlng Dlrector is trylng to preserve the right-of-way, and Mr. Somps has pre- sented an interim proposal. He felt It would be better to bring the street out ~n the p.G. & E. easement; one lane between the towers and one on the other side. -4- The C1~7 Engineer said Cook and Wllson a~ impl~ving Alpine Drive :':O::!:I Foothill Blvd., back to the 1mpro'l'J'1 r:>ad. They have a ~.::orded map on th1s. Mr. MUtc:". Burnham explalned hls version 01" what he learned at the í'raff1cways meeting. Moved by CouncillBJ1 fitzgerald, seconded b!, i::ou'"1cllman Noel, to reopen the Public Bee.r1ng. Motion carried, 5-0 Mr. Walte~ A1nnortb, lO689 Ainsworth Dr1ve, does not ted Pooth111 Bl'ld. 1d.11 bave as much tratt10 as the Cit,. Planner ant1ci¡:ates. Be _14 tbeJ' w111 use the tre_,. 1.nIIt.e8I1 ot the expressways bec&uee ot the speed l1ll1t and no atoP ~~ts. 'l'he Dlrector ot I'lann1ns ..1d he did not t1gure IUIJ' through . tratt1c, just 10cal tretrlc gett1ng out. The State's present plan is a tapering between the express~ and rura1 road here. Mr. B::>¡;an, 11067 LJ.nda V1sta Drive, feels It is iaIportant to keep the signaling on Foothill Blvd. down to a m1nimum, and there should be no d1rect access to Foothill Bl'ld. from lots. M:lved b:¡ Councilman Pinch, seconded by Councilman P1tzgerald, to close the Publlc Hearing. AYES: :c'~cilmen Pinch, Pitzgerald, Noel, Stokes, Dempster NAYS: Sene Motlon carrled, 5-0 C01mci:::a:1. Fitzgerald said he has studied the situstlon and 1"eels :~~ proposed access is better than Alplne Drive. Counci:=a~ Stokes questioned whether it ~as necessary to have the i~:~!'section where it Is proposed. He said you don't need £5 ~~ch vlslbility when 'he Intersectlon 18 sißD8l1zed. Maynr :~~~ster 1"eels cars would te able to make a sa1"e rlght turn o~:c Footh1ll Blvd. 1"rom the proposed street. He also feels :~ere ls some ha1'dshlp here on the part of the ap~licant, which s:-.;;-..ld be taken L"1to consideration. Counci:=a~ Finch would 11ke to propose Cook and Wllson provide access :~ their 1"lnal map. H~ sUbSested that a study sesslon be he¡i ~~e following night, with a representative 1"rom Cook a: Wllscn, Mr. Somps, and a County Express~ay representative. Moved b, :ouncllman Fltzgerald, seconde<1 by Councilman Finch, to app!'C.e app11catlon 8-TM-65, with the stiV11ation t~t they w11l leaye lots 44 and 105 open so that they might connect wlth Alpine ~ive and access ot two duplex lots 3 and ~ to be onto propose~ street through the lots; lots 1 and 2 to nave mutual access; all other lots w1ll have acc~ss only to the internal streets; s1;rlp between lots 44 and 45 to be dedicated and bonded ~til Phase Two of the Expressway System is developed. Councll=.~ Fln.::h feels thls. should go back to the Planning Commlssicn if there are to be any changes on the Tentative Map. Chairrna~ Jates cautioned that. no entry should be allowed through :he duplex lots. -5- Mayor Pcmpøter t-p.llI it wl)ulrl ~. Q ¡...sod"h1-!, to l_n .. -t;1'CCt going through the towers to "'~1ese new homes. Councilman ?1.tzgerald r"minded the Council that the developer said he would dedlcate the 60' to get to Alpine Drive. Moved by Counc11man Pinch, seconded by COUllcilman Stokes, to reter this back to the Plannlng COlIDlsslon. Councl~ Stokes asked the developer 1r this would affect him, tillew1ae. 111". Sompe sa1d that 1t wouldl Councilman Stokes then w1thðrø his Second to the Mot1on. Moved tIT Counc1t.an Stokes, seconded by Councilman Noel, that th1a app11oat1oD be sent to a study sess10n, to be resolved at the ear11est date possible. At th1a po1Dt, 111". David PrarrKl1n said, 1f lie glve 60' strip underneath the towers and access to Alp1ne Dr1ve, nothing more can be gained t1'OIB a study sesslon. He said they were rlght down to the 11ne now on this appllcation and need actlon at this meeting. Chairman Oates sald three conditions were laid down for the Tentative Map months ago, and all three were violated. Moved by Councilman Fitzgerald, seconded by Mayor Dempster, to epprove applicatlon 8-TM-65. subject to the developer's dedi- cating a strlp 01" land between lots 44 and 45 and put up a bonå for the improvements of same; that the access for lots 3 and t be provlded with a rear access from the street; that lots 1 and 2 have a mutual access to Foothill Blvd.; and lot 40 also have access to internal street; and with the future provision that we mlght consider closing off the access street to FOothill Blvd. If the extension through Alpine Drive is tho¡;'Sht to be more feasible. AYES: Co~cilmen Fltzgerald, Stokes, Dempster HAYS: Councilmen Pinch, Noel Motion carried, 3-2 Mayor Dempa~er called for a five-mlnute bre~k at 10:30. VII ORDINANCE AND RESOLUTIONS FOR AOOPrION 1. The City Attorney request&:!. tt.at Resolution No. 1176, the RelØ'l8.rt vacation, be ¡:-:,<>tponed for two weeks. So moved, by Councilman Finch, sec,mded by Councilmar: P1tzgerald. Motion carried, 5-0 VIII PAYING BILLS A. Resolutlons No. 1177 a~d l178. Resolution No. ll77 was read by Treasurer Fltzgerald. Moved by Coun~llman Finch, seconded by Councilman Noel, that Res"lution No. 1177 be adopted. AYES: Counci1~en Finch, Fitzgerald, No~', Stokes, Dempster NAYS: None Motlon carrled, 5-0 -6- Resolut1on No. 1178 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Flnch, that Resolution No. 1178 be adopted. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes~ Dempster NAYS: None Motion carried, 5-0 IX REPO.'rr OP OFFICERS A. REPORT OJ' crrr TRBASURBR Be had no further report. B. REPORT OJ' C1'1"l IlAHAOBlt 1. In the abllence of the C1t;r "''''''ger. the Director of Public Vodes read a letter f1'!)111 the County 01" Santa Clara resard1ng consolldatlon of all lighting dlstricts. Plnal Bearjn!!; on t~ls is set for November 2nd. Th1s "a8 re1"erred to the Clty Attorney for study. 2. The Cupertlno Lions Club Is requesting permission to put up a banner, to be located at Miller Avenue and Stevens Creek Blvd., from October 20th to November 1st, proclalmlng Cupertino's Tenth Anniversary. So moved by Councilman Finch, seconded by Councilman Fitzgerald. Motlon car~ied, 5-0 3. The buildlngs at the corporation yard are jU3t atout completed. C. REPORT OF DIRECTOR OF PUBLIC ¡'IORKS Referring to his written report of October 15th: l. Stevens Creek Blvd. Improvement Project -- Bids should be in about March l5th and start construction the first of May. 6. Deep Cliffe Outfall -- The project was completed today. 7. The Gallery -- To date, we have received rer.~ests for only two sets of plans. Renovation may have to be delayed untl1 ner.t year. 9. Water P.~port -- The Director suggested a study session be ~et up on this. Councilman Finch sucsested ~~esday, October 19th, 8 P.M.. City Hall. 13. Mr. Theisnel has written another letter re:;ardin" "t!ce mountain;" thls time, asklnG for a 30-day delay bec"l.ose he hODes to have an alternate plan by that .ioe. The Director feels the problem will solve i~self. ~e has reviewed the revised plan and it seeos satisfactery. Mayor Dempster asl<ed the DIT'E:ctor to call Mr. Tht.is:.~r and tell him of the alternate ~~an already in effe~t. -7- (corrected lo/~6/65) crT! EMGI1Œ!I\' S REPORT 1. SHELL OIL - B\¡!-'J 4: McCl~l1an, SW corner Upon recommendat1on of the C1ty Engineer, it Mas moved by Co¡mc. Pinch. seconded by Counc1lman Pitzgerald, to author1.ze the Clty Eng1nee~ to inform the developer and his bonding company that the Improvement bonds m·."Y now be ret1red. Motion carried,. 5-0 2. \'RACT m. 3896. BA1WOOD'l'BRRACE, UNIT RO. 5., Bubb Road at Re pJU"t Road. Upon NeO. .....tlon ot the C1ty lng1neer. 1t vall IIOVed by Counc11aD nt.lerald, lIeconded by Councllman Moel. to adopt Reeo1utlon Mo. 1162 accept1ng "QI¡ltclalø; Deed and Autt..:::dB&tlon" troll ward CrwIP DevelopentB, Ir..:. AYES: C;¡unc1l111en Pinch, Pitzgerald, Noel. Stokes, Dempster NAYS: None Motion carrled, 5-0 3. RmNART DRAIN FROM BUBB ROAD TO LINDY LANE Upon recommendat1on of the City Englneer, it was moved by Councilman Pinch, seconded by Councilman Noel, to adopt Resolutlon No. 1114 accepting storm draln ease- ment 1"rom Gerard Blllard, et. ux. AYFZ: Counc. Finch, Fitz¡;erald, Noel, Stolœs, Dempster NAYS: None Motion carried, 5-0 Upon recommendatlon of the City Englneer, it was moved by Councilman Pinch, seconded by (;ouncilman ..'itzgerald, to adopt Resolution No. 1119 accepting public utility easement from Ward Crump Developments, Inc. AYFZ: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 4. UE-10OO - Hwy 85 to Lawrence Station Road Stevens Creek Improvement Project Upon recommendatlon of the City Engineer, it was move~ by Councllman Noel, seconded by Councilman Fit7gerald, to adopt Resolutlon No. 1183, acceptlng roadway dedi- catlon1"rom Western Title Guaranty Company. AYFZ: Counc. Pinch, Fitzgerald, Noel, Stokes, Demp3ter NAYS: None Motion carried, 5-0 Councilman Plnch complimented Vallco for ~etting the ball rolling on this important project. 5. STEVENS CREEI~ GALLERY IMPROvaotENT Upon recommendatlon of thp. City Engineer, ar. adjourned meeting wall lIet tor Mon~ay, October 25, 1:30, in hls otrlce, 1"or the purpose of a"arding t-he contrac~. -8- P. RE?CRT OF THE :fIT.[U)UIO INSPæTOR ~e:"e was r.one. O. RS?c'''{'l' OP RECREATION DIRECTOR 1. 't'h18 S&turda7 1d1l be the t1r8t excuralon o~ the year to Big Baabl. 2. 'l'tIere were rt .,art1cl¡ønts 1n the nrat aedes o~ f'lag !oottoau p--. 3. '!'be I'Imt-l'IUIa-Jt1ck contest we mpe w111 be apolUlOred 1n the tuwre 117 Ford. II. \'here 11111 be a 8Dne on October 22nd. 5. A teen trip to the Circle Star 'lheater is being plarmed. H. REPORT OF PLAJIIIIIÐ DIRECTOR He !-.a:1 no report at thls t1JDe. B. RSroRT OF CITY A'l"l'ORNEY 1. :he Clty Attomey suggested a Minute Orde. be passed ~;.¡thor1z1ng the signing of the street lighting Ågreement. So moved by Councilman Finch, seconded by Counc 11man Soe1. ÅY~: Counc. F1n:h, Fitzgerald, Noel, Stokes, Dempater W. \"~ . None Motion carried, 5-0 2. :1'.e Clty Attomey requested the Paganlni Park Site sltuatlon te held over to the next regular meeting. x UNPl!G.s~ æSIHBSS A. n~:; Seal ~.~! by Councilman Stokes, seconded by Councilman Finch, t~ ~pprove the Hallmark City Seal. AYES: Counc. Pinch, Pltzgerald, Noel, Stokes, De!!'pster No\.:5: None Motion carrled, 5-0 B. Jr'.a:oj- Avenue S:lgnallzation May:r Dempllter !!lOved to con:;lnue this iter.>. F.e said that, at ':h1s po1nt, this can only te handled throu.~h the s~hool dlstr1ct. Moved by Councllman Noel, seconded by Councilman Stokes, t: ~ake this It_ o~r the p-i!;.mda 1"or now. M01;ion carried, 5·0 -9- , L C. P:-::pos<od Urgenc;r Ordlnance No. 321 Regulating }k)me Occupa- e;ivns. Approvt!è by Plannlr.3 CO!IIDlss1on Resolution 304. !!eve<! by Counc1.lcIrn Pinch, seconded by Councl1man Fitzgerald that Resolutlon B". 118'; be adopted, ret'err1n:); Plar:.nlng eo-1ss10n Reso1ution 110. 304 back to the Plannlng CommJ.s- sloo, to be _...'1': as a regular Ord1--e rather than an Urgenoy OrdJ.naDce. AYES: .YS: Counc. P1Dcb. P1tlgerald, Roel. Stokes, Dempster lone IIotion carr1i::Ù, 5-0 Xl JŒW ~.I.lIBSS A. TiE DepoSU A'1IU'd: $200,000.00. B14II tor one JM1' _tart t7: !!Ink ot ~l'1ca Vells-Fargo Crocker CitiZens JP1rat valley _re as 1"ollows 11-3/8 Ii-Ill¡ 4-1/" II-Ill¡ !4cved by Councll111an Pinch, seconded by Councilman Stokes, to award the tt..e depoS1t of $200,000.00 to Bank of Aoe!'1ca tor 4-3J8J' tor one year. AYES: Counc. Pinch, Fitzgerald, Noel, Stokes, Dempster NAYS: None lIot1on carried, 5-0 B. ~SC?:LLA!ŒX)US Mev",;! by Counclloan F1nch, sec:>nded by Councilman Fitzgerald :: jirect the ?lann1.ng Comrn~sslon to explore in the very ~~a!' ~uture an;! ~repare an Oròlnance t:> place all utilitles ·"~jerground . Motion carried, 5~: JCI ADJC¡.".~~'ENT Move-j '::1 Council~ Noel, secvn':¿;! by Councilman Sto!:es, to ad.'c;;.~ the meet1ng ae; 11:00 P.~;. APPROVED: /5/ J. Ro~r~ Dempster Mayor ATTEST: r \ .- ~"'.l...u I'" (Ie.., l..-.". Cl:1 C1erl< -10-