CC 11-21-66
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C'T Y 0 FeU PER T I .
C. 11 rorn1a
-.-'-rJS8 OF 'l'H8 RDJLAR ~.utU OF THE CITY CœHCIL - November 21, 1966
I'IACBI Council Chamber. 1.0300 Torre Avenue, cupertino, C&l1.f'orn1a
....~tW1I. 8:00 P.M.
I: SAImE TO '1'BB i'LIØ
:c: ROLL CALL
Counc. presents D 98ter, P1tzgerald, Johnson, Noel, Stokes
COImC. absent: ~ne
Sta~~ present: Cj. t,. Manager, Phil Storm
Cj.t,. Attorney, sam Anderson
P1nance Director-City Clerk, Kay Haddon
Director of P'J.bl1c Works, Prank Pinney
D1.rector of Plann1ng, Adde Laurin
Recreation Director, John Parham
Ct~ef Building Inspector, Bill Benevich
3ecording Secretary, Lois Inwards
In MI!\-..-:?:S OF THE FP.mOUS KEETTIlG - November 7, 1966
Mc'~~ :7 C~unc. Jo~:~on, seco~j~j by Counc. Noel, to approve
tt.e ¥~~~tes of Nc.e:ber 7, 19¿¿.
Mc:10n carriej, 5-0
I:V ORA:. A..'ID WRITTEH COMMUNICATIONS
A. ~:. Bill Dave,., 1467 Fieljs Drive, San Jose, of the County
::ann1ng De~ment, rev1ewed briefly the conclusions
2je tram the 1966 census as it pertains to the Housing
A~thor1ty. Graphs were displayed illustratir~ his points.
San Jose al~y has an active Housing Authority so it
1I&S excluded ~m the grap!':s.
~yor Stokes asked about t!':e fifty low-income households
:isted under Cupertino. Mr. Davey did not know whether
t!':ey were ac~17 in the City of cupertino or merely had
a Cupert1no .a111ng address.
:~unc. Roel asked where t¡'e money would come from for this
~nt suppleJIeDt. Mr. Davey ..aid it would cODIe from the
Pedœral gov_ _ -nt and be administered through the County.
Counc. P1tzgera1d did not think CUpeI cino has this problem.
Counc. DeJlplter asked if the purpose of this presentation
as to encOU1"8g8 the Board of Supervisors to set up a County
Housing Autbar.1t7 under Section 23. ~tr. Peter Sitkin said
this was true. J'unds have been appropriated for this pur-
pose tor ten 7M1'S. He said that although there is not a
great need 1d.th1n the City of cupertino, there is a need
in the Ul'1.....orporated areas nearby.
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counc"'ter feels there is a &at need in the County
tor a 'using Authority and that ~re Is a two-told
jII'i"{)()se in 1t: 1) to take care or these particular
taaUies thAt Deed assistance. and 2) this 18 a me'"''''' b1
1Ih1ch there caD be assistance given to the vacanc7 factor
~t the Qna41..- baa been !'aced 1d.th. Be added that th1s
does not ~ affect our budget.
Cot..:nc. Dempster augellted the Council urge the County of
Santa Clara toaet u~ a Housing Authority. as has Palo
Alto. IIount&SD ft.... etc. Counc. Johnson was also in
favor ot tb18. Counc. Noel had DO cOJlllll8nt at this tiM.
Counc. ft~ _s concerned that it Pederal1'uDda
W1'e cut off tor ~ reason the City .-;v have to cae
up with the mDII7. IIa70r Stokes 11&8 not too JII1ch in
favor of Jrede1"a1 tuDds in a general anner. Be telt we
1IO\Ùd be 3eoJ U'd1z1ng the prog1'U8 a1re&d7 established
in our City.
Itr. S1tJdn II&S.4 the Federal guarantee is there. so there
1s no obl1g&t1on placed on the City.
Counc. Dempeter feels that CUpertino's unincorporated
&-~st problema affect us as much as those within the Cit7.
Ve have an obligation to encourage the agenc7 that can
take care ot it.
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Xayor Stokes does not feel we should endorse something we
:on't intend to part1cipate in.
X:'. Sitk1D said under Prol!jram 23, the individual is re-
~xtred to pa7 at least 2~ of his rent.
Moved b7 Counc. Dempater, seconded by Counc. Johnson. that
a statement of intent be sent to the Board ot Superv1so1'8
:'ndicat1ng that we are encouraging them to torm a Count7
Housing Authority via the Section 23 Program. and it it is
':0 be used in the unincorporated areas of cupertino, it is
':0 be of no expense to the City of CUpertino.
AYES: Counc. Dempster. Johnson
1L\.!S: CoUDC. P1tzgerald, Hoel. Stokes
Motion failed, 3-2
B. George Johnaon. 11260 Monterey Court. had a question re-
garding use of the land by santa Clara Sand and Gravel
~. IIa70r Stokes suggested he cont&ct the City Statt
tor answers. or the7 could make a report to the Cit7
Council. since the Council has DOne of the pertinent facts
at this t1ae.
C. Itrs. ADD ADger. 10185 Empire. Monta Vista. said the people
1IOuld like to kDow how much longer the7 have to look at
the ·grav~· on the ,railroad tracks at Stevens Creek
Blvd. '1'he accident happened the t11'8t part ot August. and
the 1I1'ecked cars are still sitting there. She feels that
Southern Pac~~.c has a responsibility to the Community.
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'!he .y Attorney said the real ~perty these wrecked
ra1lroád cars 81 t on belongs to Wuthern Pac11'lc. The
question to be resolved is whether or not these railroad
cars constitute a public nuisance. It would be 1n .
order tor the City Council to express an opinion on this.
Bovee! by Counc. Dempster, seconded by COUW'. Woe1, to
d1.1'ect the C1t7 JlanBger to work 1d.th the C1t7 Attorney
to contact Soutbem 1'.'\cit1c about ~v1DS tbese wrecked
1'81lroad CU'll t'roII the tracks at Stevens. creek Blvd.
IIot1on carried, 5-0
D~ APPBALI 1WIIIBR vnßOIr - Appl1cat1oD l3-V-66 - Use 1'em1t
for aut~bl1e accessories and app]1-e .tore on Stevens
Creek Blvd.. 'frT feet 8&st of cu.pert1DO FoBt ornce.
Deld.ed by p)......1.,g Colllll1ssion Resolution )1:). 381,
Be-.-ber 14, 1966.
Bovee! by Counc. :ohns09.. seconded by counc. Pitzprald, to
have application 13-U-oo placed on the qenda tor Public
Bearing at the next regular l118et1ng.
Motion carried, 5-0
V A. REPORT 011' PLAHHINO COMMISSION (Ses Minutes ot Hov. 14, 1966)
Chairman Hirshon commented on Planning Coaadssion action
on applications 1-'111-66, 9-v-66 and the State ot calitornia
D:.v1sion of Highways presentation. details ot which can be
round in the Planning Collllll1ssion Minutes ot Nov. 14th.
1. WARD CROMP DEVELOFMEN'l': Application 7-'1W-66, Tenta-
tive Map adjacent to and westerly of Stell1ng Park,
Tract 3916, 4.58 acres. Approved by Planning COII-
mission Resolution No. 380.
'l':e Planning D1.rtlcto~ stated there ..s a drainage problem
k-.;t that it w111 be resolved under the Standard Conditions.
Moved by Counc. Noel, seoon~ by Counc. Dellpeter to
approve application 1-'111-66.
AYES: Counc. Dempster, Fitzgerald, Johnson, Beel, Stokes
HAYS: Bone
Motion carried, 5-0
2. J. DBlRIS WHITE AND SBIRLB!' JEAN 'UUTJ51 Application
9-v-66; variance to permit relocation ot Id.de tence
line to tive teet trom sidewalk. 22061 Clearcreek
Court. Den1al recollllllfonded by Plann1ng C---' 118ion
Resolution No. 382. Council Resolution No. 1315.
Boved by Counc. Johnson, seconded by Counc. Boel, to
adopt Resolution No. 1315 del\Y1ng application 9-V-66.
Motion carried, 5-0
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3. S'J.'ATB OF CALI~ DIVISION' OF HIGBWAYS=-øl,æl)
Ma1nteœnce ~ west o~ Stevens Freeway ~th of
Stevens creek Blvd. BecoIIIIIended by Plann1ng COllI-
a1asIon ResolutIon Jro. 383.
....re. Bachtell, McDoJlA'1.d. P1etcher and Varner were
~__t, represent1Dg.UIe State or CAl1f'orn1a D2.vS.a1on
or "t1--v1. 1Ir. Bachtell a14 the State IS p,..........
;1:0 ..œaL,;""ct a c~ JIØ'd nth a concrete bloek
.1Iøt'''''1\I on 1t near tJilí:,Slu..-6 J'r4 '.tIQ-steV8DII C1'eeIr
m1llll. 1ntec18Dge. ~.~C ... 1'O&CbraY would be t__
~ OOIDtCted ~~,w Stevens creek Blvd. untIl
U. ~11. for the .....t\t..,........... are worked out.
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. CA-1O~. D íl"'ter asked .., t:IIe eat1ated aount ot
~e to be generate4 f'fta tb1a !Daþnat1on 1IOU1/J be.
. JII'. Bachtell ea1d 1t """at be f'a1r17 low s1nce tb1a
GOrþ.ret1on ~ 1dl1. bøWIe onl7 one roaù crew and ODe
'a""acape crew (about 20 .en; 15 veh1cles plus .-plQ7lMS'
care) .
'!'be reDder1ngs showed ''--cap1ng aroun:! the per1JÐe~.r
of the property. The Stat. w1.11 put ln .s much laD:S8cap1ng
as the C1t)" o~ Cupert1no ..b. There will be adequate
storase space "lth1n the structure to hr;)use all vehicles
wbleh ,,111 be parked at th1Jl locatIor..
.-.4IR: JIoved ~ Counc. Deapeter. seconded t;r Counc. .ro~n,
to approve t~.e State of ca'1'-f'orn1a D1v~llon o~ ~..
.a1.nteD&nce yard as per the rendering, which Is 1ncor-
porated into this motion.
A'!BSa Co=-=. Dempster, P1<;zgerald, Jo~.::.son, Woel, Stokes
_YS: Bor-e
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Motlon c:arr1ed, 5-0
1Ir. Bachtel: sald he ~4 bave a photograph .-de ot the
ortK'...., rendering and br1.oa It to Clt:; Ball.
JIBIIOR'l (g 'l'!Œ Alh.1u·lm.-rudL AJID SITE APPROVAL CCIOIl-n-_
(See IUnutes or Hov..ber 10, 1966)
~ fttch saId the Y:.ftft"l\g D1rectQr, the p1.ftft1ng
Co: , ssloners and other 1nterested persona had been
contacted and "ere present at the last meet ins 1n an
att.-pt to establish the aPPl"O&ch to te used in develop.
ing the V1lson propert7 of Stevens C1'ee;c Blvd. '1'he
Architectural and S1te A.-a-.",wal Coo-1ttee acted ðn the
etrength ot the advIce o~ the PlaDn1ng D1rector.
Sbaw's ... prev1ous17 rec nded tor approval. Atter
... rae- rtY'ecl c}wll'lp8 1Iti'6 ade by Stra" Bat PiZza,
the CO-ttee voted to ree "" approval ot their
appl1catIon. Mr. W1l1lOD .. ..Ired to present a aJor
plan for tbe area. but 0Dl7 a ~l and ve'r7 ~ plot
plan has been subm1tted to date. Chalrman I'1tch 11&14 the
entire building tor the a.4 Barn seemed to represent a
1I1.8n. However, the Red Barn people have bent over back-
.ar4s to plea8e the C. 'tot", but 1t vas st1l1 felt that
~t Just would not tit 1nto the area c~mpat1b17.
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~ohD8oD u;-! the City Aarney if' tbere are any
~t10ns o~ tbe ec.a1ttee ~ng an appUcat10n on
~ ~ councU 1dtbout recome:)jat1on. 'l'be C1t)' Attor-
DI!7 sa1d thlJl as !n order.
~ reøier1llø;ll or. SlaW's ot San Frenclsco aa4 the Strew
:a~ P1Da.... ,,-ec! on the bullet1n board.
~. Balpb _- !áD. otStra1l Bat Pizza. -.14 the 3600
aq. ft. tw.11Mì.~·"""''' DOW have a root ot :NIl CODCrete
asbestoll 111'01"'-.' .1!Ie exterior would be 6täCCO aDd
used br1.ckd. --I'Jreid be8III8. There 1I1U be ~ g1aaa
b tbe f1000d ~ Uiíe Id.tchen area because ~ reel 1t 1a
a drur1DS cažd ....,.... thtt -public to watch UIe ph'"
b.",,€ prepøe4. .... property 18 45' 1I1de b7 SO' deep.
~ 11111 be 110 1II':1ck veneer on the eaat Idde. 'lbere
....ll be a co~",,~e b1.ock enclosed garbage ~ attached
t.: '.:he bu1.1d1Y11[_
0:=0. F1tzgeraJ4 asked aDOut the screen1nø: on the root'.
K:'. HeooerloD aaJ.d 1t w111 t1e in as cloae1)' .. poaa1ble
..~::::: the root; ~-t.oape there ::o:ùd be a tal" C~7 to
~.::ose the bL..--..1.
:.:;:::. Dempster asked Mr. Wlls:::' s 1ntent .. to the land-
!:A;~'1g. Mr. V1.1..son sa1d the~ is a low ~.edce ot w1ld
:~:-:'7 that will remain. The~ are also so.we ...11 oak
:~s on thia por':10n ot the j::--.:perty. The proposed
~~:~sh V1llage 1.a to go be:~::=' here.
::=.:. Johnson c· ~nted tha: :-,t! really does not know what
:.! ;:anned tor -:;~s area fro::: ...:-.a-:: has beer. preaented.
~. ¡¡nson said ::.e can' t pro'::"~: e further planS unt1l he has
:~ :eases. Be ~d his 1nte:::~ons now are 0;0 keep the
::=. ::.cuse because he now has a::.::-::her prospect tor 1t.
K:'. :enr:y Wel-.Ñ~h. of Qunn-JlC.::er Real tors. recapped the
:~: 3arn appllca~1on. expla1r~:"~ that Mr. Chal.1.1s 1s 1n
:~:ago but ~ be able to a;:pear at tt'.e next regular
:.;'=~1l meeting. '!'be Red Bar:: :'s slated ':0 10 in right
-..~-: to the Po.~ orr1ce. HE: ex;:la1ned ~r.7 are a cha1n of
~~:auranta tJnvasbøut the Co:.:::-::ry. It 1a the content1on
:~ :::e tenant that the7 are pe~tted use cn the property
a.! ~.': 1s zoned. '!he 2.400 sq. ~t. bu1lctlnc. with a seat1ng
~..;:1t7 ot 65. 1r1ll. coat close ':0 $75.000. '!here 1s
è~Jate 1lU'k1Dc. '1'h1s bu1.1d!.r.g does not Y10late aD7 ot
:~ A.'"Chitectuzoa1 and Site Con':rol standard ccmdS.t1ona.
~ tu1ld1ng _ter1aJ.a have ~e."l CB\nged SQ. ~t h'om the
::"'..g1nal Red BaZDS 1n the area. '1'here 11111 be a brick
:':&:1e up to tbe p1.tched roof, and the appl1cant haa stated
~ rtll cooperate as to root ::a-::er1als. ~ 18 pn.r1ly
a s-:eel structure. 1Ir. W1lson added that 1Ir. Cball1s has
":. _ed to use c ..t aabestos shakes ot a color ..t1atac-
~,. to the C1t;y.
~r Stokes ncted on t~'e plans that the ¡arid.DS spaces weæ
:c: out aa 9' x 20'. Cupert~:"..ots parking ()rd1.nance calls
~:= lot x 20' ¡aztI:1Dg spaces.
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CøaDc. P1tzgeraJ6.asJcec1 aÞcat Rea BIm'S sa 1Ir.
Y ._4th said 4 w1.1l co~o:rm nth the cft/l Qr<'.....""es.
It td.ll not be of the sue tJpe as used at the11'
ut:taer locations. Mr. V1l8on added that the oD17 81p
~ can bave wtll have to be attached to the bo"""""'!r.
1. Application 2_1-1£-66: saWIS 011' SAN 1I'RABCDCO_
159 JIenlo Oaks Ðr1ft, JIPn]o Park. requ8st1Dg
',' Arch1tectural and 81te Approval to CODll1õ1'Uct .
1S9O sq. ft.. 50' ~, essent1all7 roUD4
ba1ld1D8. to be 1ocat:ed adJacent to the 11'..,......
baa on Stevena C1"eek aw. RecOBMtnded ~or
:.h&v"al 11)' Arcb1tect:uNJ. am Site Control,
OCtober ~. 1966. Con1õ1Dued by Cit}t Councll
on Bo".bar 1. 1966.
~~ P1tzgerald cOowmted that he would l1ke to see .
¡arIdng plan. Mayor Stokes asked about the dr1V41Ø711.
1Ir. W1lson said there 1IOuld be 4 or 5 for the ent11'e
JlU'Cel. Counc. Dempster sa1.d there is a definite need
ror a deta1led plan o~ the are&_ which should be cheCked
1117 the :adld1ng Department before it is presented to the
C1t7 Council. Mayor Stokes is concerned that, nthout a
1m1.tied plan, we could end up with strip cODlDerc1al on
th1a pr1JDe c:olllllercial property.
So far, there have been no parking layouts, drivewy
accesses, landscaping plans, nor building plans that
relate to each other presented to the City. Mr. Ralph
~, representing Shaw's, said the plot plan shows
onl7 one 1n¡..--ress by the old house, with parking all
around it.
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JIoved by Counc. Johnson, seconded by Counc. Noel. to
request the overall plan that was previously asked for
a few weeks ago and for the detail asked for at th1.s
Jl8eting. Tt,e Firestone store is to be included because
1t is up for review by the Council.
Motion carried, 5-0
C. JIBPORT 011' THE PARKS COMMISSION (See Minutes of Rov. 15. 1966)
"'-'-. Loomis said they have received the water 1nt'o~tion
'that was needed. Mr. Beck is here to present the _ster
plan for Park 112, adjacent to Wilson School, am it is
~ estimated at $136,000.
~ CftMM1asion requested a study session with the City
Council within the next two weeks. It was decided the
Joint meeU1Ig would be held Rovember 29th at City all_
8 P.K.
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S1Dce there seemed to be so.! misunderstanding about the
_ter charge, the Director of Public Works was ..ked to
:1nvest1gate this and straighten it out.
ftaae I (at $135,800) rill do all but the s-.ll structure,
å1ch is Pbaae II. A restroom is included in l'ba8e I.
l'Iaae nI: would include such amen! ties as BBQ tables.
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Mr. ak went on to describe t~velo¡BeDt of the
areaPrur i.h.. ;;a.r1ous age grou~ The children of pre-
school age 1f111 have a play area set 1f1th1n a bowl of
earth with grass on the slopes. This experience ot
being held witMn a certain area will be accOlÇ1J.shed
throughout the park by means 01' mound1ng. shrubs or
tences. JIQor Stokes cOIlþl1mented the ,......pe arcMtect
on this ..ter plan. Mr. Beck went em to R7 a 80118
test 1f1ll eetab118h whether or not .. caD .1.......te the
stom dft.1n. UløebJ' savtns 8CII8 a:mq.
Counc. P1tzpald ..laid Mr. Beck bow be arrived at the
cost figure. 111'. BIok sa1d these coat. U'8 ~.e4 em
CUft'el1t coDtl'ac1:or ...1088. Be aaS4 the U'Cb1teot'. tee
COvertl fI'G':I CODlUltaDt'. tee. except tor the M'''1~.
IIQor StoIat. ..Jœd U the Cj,t7 statt' oould do tbe ....,...er-
1nS tor the ....r l1De& tor the rest 1"00II. 'l'be Cj,t7
"nager sa14 tbe7 det'1D1te17 could.
IIDved b7 Co\mc. Roel. seconded b7 Co1mc. .Tolmaon. to
approve the Jluter Plan tor Parle Ie (adjacent to VllllOD
School) .
Motion carried, 5-0
VI PUBLIC JIBABDIJS
A. APPLICA'l'ION 10-u-66: USE PERMIT !lOR fUUUU: °r.LAIIS lIU~lIIU:
Use Permit to operate a day nursery at 10312 B:J.9Y!J' Avenue.
Denied b7 Planning CODlDission Resolution Ro. 179.
October 24. 1966. Appeal filed.
Attorney '!'racy 'l'Umlin. 12378 So. !DIy. 9. Saratoga. placed
a plot plan on the bulletin board and rev1ewed the or1S1Jal
application. which was approved b7 the Plann1ng C~ ·8s1cn
in April and appealed by neighbors tIJ the City Council.
who then denied the application. In the recent Resolut'on
passed b7 the Planning 'Commission del'l71ns this application.
it was stated that it was denied part17 because ot the
previous denial by the City Council. Mr. 'l'I",,111\ telt the
Planning CoaId.ssion should have based their dec18ion sole17
on evidence placed before them at the new Bearings.
The B1rIUas have operated a nursery tor seven years with no
problems. '!'hey are willing to cooperate in _k1~ it
harmonious With the neigheJorhood. Be teels the petition
does not carry much weight because the wording 01' it
gross17 exaggerated the case. '!'here is no violatiun 01'
the Home Occupation Ordinance. It would not be spot zoning
because a term is set by the Use Pe1'lll1t. Be sa1d this 1s
not a business use. but rather a quasi-public use. '!'he
application applies to only one parcel on ~ Avenue. The
nursery Will be in operation f'rom 7:30 A.II. to 6 P.II. 5 days
a week. With 2 regularly-scheduled outdoor Pla7 periods each
day. People who bought homes in the area alread7 knew about
the school Playground. There 1s a long wa1ting list tor
nursery schools. It has been pointed out b7 the Director
of Public Works that the traffic problem is ..1..1_1. 'the
turn-around has been mod:l.f1ed and 1s now adequate.
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lIP. ~11n feelà\¡1/1 1s a ~re log1cal useAr th1s pro-'
a-;èL;r that juts _ 1nto a school playgroun!l!' It 11111
.b.-vre the appearance of the property and w111 b1em
111 dti11;he hcæs. He then ..ked the Council to reserve
Ida rJsbt ~or rebuttal.
_. ..b....t. Appleby. 19990 ~ 7'.L"ee lAne. CUpert1Do.
"ai .-tIIe _ 2nd City (>JUftft'I.. JI1m1t6S where tld.a Use
I' t. _ denied. Be alSo _n... attention to the
~.tJ:"1J'2lIth pi-inK O~ ''''0-0 JI1nutes where it ..
JIIJ a'" ,..... Be said tbe ,....á'~ were opposed to th1s
_ ftII' tile ~01l01f1ng re.--t
1.' ~tiOD.; ~ a c-. ri:2a1 enterprise into a cœplete17
..1 ~ area. Be ree1Jl t:IdJI 1.s a poss v1.o1a1:1.on or
UIe ........."1 concept aid or ~ C1.ty's pal1OJ' o~ not con-
~ older hœes into --. places.
2. ~ 41.rect 1IqIact on the "'Jaccmt and nearb7 propert7
-"uee. '1'h1s is a da7 care center and not a nu7.'Ð81'7.
aid 1fOUld be seen in tb1.8 11gbt b7 a patent1.al bu7er.
3. Xt IIOUld tend to loca1.1.Ze trat'~ic and congest1on.
A plot plan was presented 117 1Ir. Appleb7. Be contended
t!Ia'e 1.a not ~m for two cars to pass in this driv8W7.
aDd tbere 1IO'~lj be a tendenC7 ~or the people who drive
1nto the driveway to back cut d1rectly onto Blane7 Avenue.
In .&Ut1on. U:ere would probably be SOlll8 use o~ the 1[-6
8c!Joo1 dr1.veway by people del1.ver1.ng the children to the
m-.....~. It wc-..ld be more hazardoua tor the pa¡d.ls C1'08S-
1DC the driveway. Mr. AppJ.eb7 presented the Councll with
nc~ whict: !-.e took of the ex.1at1ng Me1'r7 ~s 81r8e17.
It .... Ms understand1ng there ... no connection here with
the tJn1.vera1ty Pre-School. Be pve the Councl1 a coW of
the pet1t1on w~~ch had c1rc".11ated the ne1ghborbood.
1Ir. .Tom Decke:-, 10371 N. '£I'A-7. Cupert1no. feU there had
been DO 8Ubstar.~1al change trca the or1g1nal appl1cat1on.
~ yer,y essence of the Cupertino School D1str1.ct plann1ns
o~ 1[-6 schools 1s that the7 are to be ·.lk to· schools;
-e. the school 1n a completely R-l neighborb004. Be
11&1.4 the Bolle Occupation Ord'~e 1s a basic protection
or a res1dential neighborhood. Be feels that since nob0d7
w1n be actually living in the hœIe. 1t makes th1.s a gross
Y1a1at1on ot t~.e Ord1nance. Be ~elt the pr1.-r,. .ati"e 18
cae or pro~1t. not educat1.on. '!be7 are also concerned
aboa~ the development ot the propert7 south o~ the school.
1Ir. Decker went over the t~~1.c pattern for the proposed
_. Be aa1d ~r.e cars would have to go into the prope1"t7.
cae at a t1Jlle and come back out onto Blaney be~ore another
~ couJ.d do the same. He reel.a ttat once the c...".s
~ been made to the house (pamc bars on doors opeD1.ng
cat. etc.) to =eet the regulatl.ons. that the houSe 1f1.1l
DO J-",1" be convert1ble back to a res1dence when the Use
~t 1.a no longer 1n effect. Be said the applicant
~ came in for a rezoning. but was told a Use Permit
-.... ~ more advisable.
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AttoAY '1'"11111n sa1.d a number o~rs now are bAddng out
onto 1f[ãney trœa their residencE!lr Twenty-seven of the
people who S1~ ~be petition live on Porta]. Aveuu.e.
Be .mta1ned tl8t tb1.s would be a quaai-pabUc use. The
work1Dg motherS 1Kß11d let their children orr be1'ore the
school cM1dreD 1I'CU1.d be coming to school. !here 1.a
adequate t\JrD-a¿'-........., apace now. There 1.a adeq1a1;e room
tor the cars to ..... 1f1th1n the dr1Ve1f87. As f'ar .. the
Wle or the prc.~) cmce the Use PerIII1t exp11'eS goea. the
1aJd 18 valuable 1I1t:bout even conaider1Dg tbe bøu8e OD it.
1Ir'. Q11patr:l.ck. 19980 Pear Tree Lane. aa14 b18 œ.e a4Jo1D8
tb1a pro~'I..¡r. Be ~ none ot the teacbe1'8 1D 1:lI1a
1'U'IIe1'J' acboo1 Be eertUled 117 the Boa1"4 o'Z .......Uon.
'ftd.8 acbool 18 WIll .. a p1ayground after acbool hw..a. 80
-''17 of the chn.twooeA SO back to scbool ~ to ¡lU'tl-
cl~.te 1n the rea_tion progrea; therefore. the people
on ~ who .1~ the petition are d1rec1:1.7 concerned.
'J.'be parents deUYer:I.Ds their chi1dren to the DU1"ISe1'7
scboo11fOU1d have to get out of their cars and peraonal17
del1Y\U" their c~.1.1.c!ren. which would tie 1,1p traffic.
Moved by Co\mc. .iohDaon. seconded by C01mc. Hoel. to
close the Publ1c Bearings.
AYES: Counc. Do pster. Fitzgerald. Johnson. Beel. Stokes
RA13: Kone
~~~c= zarr1ed, 5-0
Ch&i~n B1rshc:: ~:i the Octoter 24th Pla:m1.ng en-1ss10n
Bear1ng on tr.j,5 -;5~ Permit application _g:".1~ied what was
indicated be:o:-e. Eowever. we had two new r-.QJZIII:1ssioners
this t1Jle. Tt'.e ~veway and traffic situations were not
cœplete17 cove~ at the first meeting. The car survey
was taken into :::ns1:1eration. The adjacent propert7 owners
did DOt appear t:-..e ~1rst t1D!e; therefore. the c.,.-1osion
had no wy 0: e:.c....r.g of the opposition to this Use. The
Plann1IIg Cnw-" ss 1:::.e:'8 acted on their owr. ~ ::onsldered
the facta &a p%'e5e::.-:ed at the Hearing.
The Plann1ng ~~::-:cr said the staff studied the cU.ff1culties
involved but ro,......-..:i they were relatively ::I1r.cr.
Counc. Johnson ~:i o;here is a new nursery achool on ~bb
Road 1n a reU.den-:1~ area. He feels the obJectiona are
'way out of prcpcr-:1on to the magnitude of the problem.
There 18 no prct:e:: at the one on Bubb 1Ioad. '!'he tilDe
11m1tation on the Use Permit £ud the number of children
allowed should ~ adequate cor.trol.
Counc. Noel aa1d toe would not like to live bet.1M or next
to this propo~ use. Counc. Fitzgerald objects to this
Use Permit beca~ or the traffic and park:1ng. Trat1'iC-
wise, we would be creating a hazardous situation.
,
IIQDI' StOkeS d~1JO~ reel. 1õb18 18 or C~.CO a
JM.4ftAB8 use. _does œt feel the tratt1c. _acb
at a ¡nblem. The mtberll dZ'opp1Dg oft. ", .' .~L:1f'
__L.. If" '7 caref'u1 8Dl ~1.oWI of &IV' .' .
.~tJ.è8 or~. .~ doe8 DOt feel, .' .'> ,
~ would be _ter.ÞL.. 8814 thøe aN.
',> -.."" ..._'
, . tile a.u.... -'/.' '. .....' OC\IL.t~, .Of. .
, ~:.,;.r- .,. .,,~ =.~'
--.t '. ,... ~~, ,'~:'~':~''"'"
~ . .... '"':. ~""""::,,,·.r,'.
..-~~ ~...n. ~.,.'..O*,eIJ b7
. ..- .....'
~ ,~.., ~.~
. ~. D ~e.æ:.__~ MH. JI)el
~II~. :r~.;; 17" ~-
,
'.
y
;',
.
-
)t)t1oD _....Jaa. 3-2
'flU
r
;
___ .......2'_.
.... - D1U2anII Ro. 1373 aa4 13"1'.
~ 1313 was reed 117 '!re&8U1"er D peter.
V L~ __ 00uDc:. Roe1. lIecOD1ed 117 00uD". Pltzpald. to ..sopt
~ Ja). 13'73.
--, Og.¡.,.... Dempeter. P1tzpald. JOhnaon. lIoe1. .ø~--
~~ ...
JllDt10n carr1ed. 5-0
- I 0'1-"0"" ~. 13711 _8 reed b7 'l".rea8urer D f.~.
- LA __ ~. P1tzserald. ~O""'tJd 117 Counc. ~ot- ". to adopt
~~. 13711.
A_ I ~. Dellpeter. P1tzccoald. Jo"--<:>n. )t)el. ltalMe
"-~I ...
lIDt10n ~ed. 5-0
IX h... . QPPICERS
A. -,: I ~ or crrr 'l'JIV'"""o4R
.. 1M DO further re~.
~ -A.- Q1f CI'l'Y JWWJE8
1. '!be Ci.t7 __ger De,,"'" to kDcnI who of tile Op¡ ,...11
1ØI1d DOt be able to aUeDd the 1:00 ...~ _
Deolf/~r 18t. Coo·..... JIoe1 øa1d be 1IOUl4 not lie able
to attend but that Ida w21'e would.
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2.
~ ..tter of' St. Joseph'S QI&h011C ChurCh exit to
!JIhena Creek Blvd. has bee"f'erred to the State
1H1.~ "IY Department by the DIrector of' l'I.1bl1c WorkS.
SeYea1 alternatives were discussed. but nothing was
reeo1.ved at t....1..s time. Mayor Stokes was concerned
tbalo there 1s ~10 guarantee or access to IIand¥ Lane.
Be ~.1t we should be l.ook1Ds ror a1.ternaUveB.
ec.¡d.ete tra1'tic circulation" 1nclud1ng 1ngreaa and
...... should be worked out tor the entire area.
TIle D1.rector ot 1'I1bUc WOrks augested a cut through
t1"CIa tbe Cb1rch pro..--I." to 1Iand7 lane and a trart1c
14£Þf' a~ IIUId7 and stevena creek Blvd.
It we i:œouSht out the ~ baa p¡rcbued m.
J1II'O~~ ~ to Wo1'e8t. Avenue. Bowever. lohe
CluNh ~..la th18 18 mre a cc n'1t7 prob1._ than
.1uR a Cburch problem. 'lhe1'e is a real. need tor a
left-MId tum onto '"!/"V 9. 'l'be7 wou1.d also like
to reta1D the open1ng onto stevena Creek Blvd.
'!'be PJ.--1ng D1rector said we hope to have a neighbor-
hood p1an tor this area in the veI7 near future. He
believea the an.,wer III1ght lie in Forest AvellUe cross-
ing H1&ha7 85 and Vista Drive going through to
Stevens Creek Blvd.
Moved b7 Counc. Dempster. seconded b;y Counc. Boel.
to sem th1s matter back to the start tor further stud;y.
3. It s.... Mr8. Varian wou1.d be agreeable to a lease for
a port10n ot the Chuck propert;y.
i
~
~'
4. There 1f11l be more 1nfol'llat10n on the De ADza LID on
December 15th.
5. AD additional $600 1s needed to take care ot the land-
scap1ng and spr1nkl1ng s78tem tor a port10n ot property
at the south end of the south entI7 dr1veWlQ' to the
parJd.ng lot wh1ch was no~ included in the 1andscap1ng
contract.
So IIIOved b7 Counc. Dempster. seconded b;y Counc.
P1tzge~d.
A'!BS: Counc. Dempster. Fitzgerald. Johnson. Nc..el. Stokes
HAYS: Bone
Motion carr1ed, 5-0
C~ RBl'ORT OP DI:RBC'l'OR OF 1'UBIJC WORltS
1. The Stevens Creek Blvd. Improvement Project was ahead
ot schedu1.e up unt1l the ra1n8 h1t. It weather per-
III1ts" work w111 proceed as scheduled.
2. The CJa1leI7 work has been completed.
-11-
4.
VALLCO PARK.In accorctance W1tn tne Hf8lut1on or
Intention, have been allowed to appdWft an
attorney to )oIAnd1e the condemnation proceedings for
acqµ1sition or the Marchese and craft properties
for street 1mpt~vements.
~.,...:
Moved by Counc. D .~ter, seconded by Counc. ]foel, to
approve the proposed rates tor the special counsel,
as stated in 1Ir. ~h's letter.
A~a Counc. D p6ter, Fitzgerald, Johnson, Boel, Stokes
BADa Bone
Motion carried, 5-0
ResoJ.ution 925-20. a ResoJ.ution of Necessity, _s
1nt1'Oduced by the Director of Public Worlœ, authoriz-
ing steps to be pursued to condemn necessary properties.
Move'.i by COUDC. Dempster, seconded by COUDC. Boel, to
adopt Resolution 925-20.
A~: COUDC. Dempster, Fitzgerald, Johnson, Boel. Stokes
NA'!S: None
Motion carried, 5-0
5. Fortunately, wo!'k was begun on Candy Rock Mountain
before the recent heavy rains came. If the weather
perm1ts, the work should bE:' completed within a week.
6. A solution to the cut slope in the Oak KnoJ.l Hills pro-
Ject is forthcoming.
D. REPORT OP CITY ENGINEER
Due to the 1mm1nent arrival of ldft'lew son. the City Engineer
was unable to attend this meeting.
There was a discussion of the City's agreement to partici-
pation in th~ improvement of Lockwood and Voss Avenues.
Counc. Dempster requested a report from the City Engineer
on what it would cost now and what it would cost at a later
date to improve these streets. The City Manager said
there is no money available at tlds time to accomplish tlds.
Civil Engineer Gene Mastin aSked that the Council make a
decision at tlds time because they would like to put up
bonds at the next meeting and they need to know how much
money is involved.
Moved by Counc. Fitzgerald, seconded by Counc. Johnson.
to put in the City's portion of Lockwood and Voss Avenues
at the tme of develo¡ment of the park.
Motion carried, 5-0
E. REPORT OP CITY ATTOlU'UU
He had notldng to report at tlds time.
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~ ·I~t ~d1ng Inspector pre&ted copies or the
Cert1t1cate or COmpletion and Cert1t1cate or Occupancy
ror the new Ci.t)' Ball to the Council.
o. RE1'OR'r ()IP .....:r~TIOH DIRECTOR
1. '!'he 3'~s have begun helping with the mentally
re~ clrl1dPen at the Nan Allan School.
ø: 1Œ1'ORT ()IP 'u A_:tOR OF PLABHINO
1. 1Ie1r ~. _JIB are )e1ng prepared 1n larger scale.
'!'be DIrector explained his present method tor chars1nB
the p¡b1J.c tor copies of the ZOning MaP. Res1dential
Qrd1".nooee. General Plan. etc.; the a1n purpose be1ng
to cover the cost of preparing thetl.
IIQor Stokes asked the Finance Director to ake a cost
.""7318 ot this. with the idea ot not ak1ng money.
but to coover any cost incurred 1n the preparation ot
~"'-.
So moved 1:7 Counc. De=pster, seconded by Counc. Johnson.
Motion carr~ej, 5-0
I. REPORT OF FIXANCE DIREC:'OR
1. The D1rec,;or presente::' the Council with their copies
ot Cuper::.no·s firs: :.:::¡plete financial report, ade
possible by the new .:~~~:e machines.
X !1l'iPINISHED mò),uu~..sS
A. *:ror Stokes explained ::-..a: in Phase I, Eltpressway Program,
the City 'lIaS g-.;arantee:' - ~ of the re"..enue for projects
within the C~,;y. It is ::ow proposed ti".at in Phase II, the
Cit:y 1IOUld 1:-e g-warantee:' ":$ and the talanee used in the
County. He teels that 1:' we agree to the 5o:C we should
ask to be cl.&ssified as a :':.on-expressvay city and all the
t'".mds would t:-.en be for .:'.;.r own discretion.
C~unc. Dempster asked t~e staff to review this projeet
and the Co1.U:.c~l can the:: ~o over it very briefly at the
study sess~on next Tuesjay night.
Mayor Stokes would like tc ask the Council's permission
to oppose tr~ and to agree with ~le's position.
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II _ BJ81NESS
.
.
A. Counc. Pltzgerald aa1.d he has been getting tÏueluona
about bow soon the stevens Creek mvd. contract 1IOUld
be cOJÇleted. S1nce th1s i.s the 1'S1ny aeaBOD. DO
&cCU1"ate eat1mate could be gi.ven.
Be. ~r Stokes asked the City Manager to prepare îtelOlu-
~1oDs or apprec1at1oD tor the people who 1IU'f;101J11.ted
SD last Saturday'S ac1:1.ñties. !be City JlllaftJlge1'
ea1d tb1a has alX'e8d7 been accaap11shed.
III
1,- {I,j, I.'"
~ ,
1f '1J..ø4 b7 0aImc. Johnson. eecozxled b7 COunc. Dellpeter, to
-Qo:¡"'h& the ~ti.ng at 12:55 A.M.
APPßOVBD:
/a/ Oar,y Stokes
RiYor
A:.....~:¡;:
ftDance D1rector-C1 ~y Clerk
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