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CC 07-21-69 (updated 11-04-2024)0 e I or CMMTMS State Of California Torre20300Avenue, Cupertino, California 95014 2S2AM cc-18 C ' M C8`i'Y 210 ME? U&Ctiasg saes called to order at 8:00 p. L by Mwor Damrster,, uto call to order ambeempmt,ly led the amilgp in the fift salute. flag Mute Cbmsellmen present: Deaysa, s, Dempster. Absent: Comcilmon MMWmmM. Also present:- City AtUaW Anderson; City r Cites Clark-finance Director Director of Public Works Z roll call ftater Planner Laurin, Assistaft Plaimer Ng; Recording Secretary Lucie a. Mktzley. lean Stokes request` that the minutes ,f the July 7, 1%9 meetingbechanged; on page 3, secoLA to last paragraph., the roll can vote to read N . . passed by 3 - 1,- etc-. Commellumn Noel moved for approval of the rues as corrected, Ccuncilasn minutes stakes seconded and it was passed unanimously. approved City Clerk Ryder advised the Councilmen of receipt of the following written cations: L. Letter from Daniel Donovan, Attorney at Last, appealing the Plaming Commission denial of Applications 17-Z-69/10-U-69/11-U-69; 2. Two separate claim filed by P. Brian W1.1son, Attorney a+: Lae®, on behalf of one Christ:a er Reid for medical expenses and hies allegedly sustained by raZling from a structure at Portal Park; i A number of betters in con&zction with the realtor proposed lend exchange of City-owned park site for other sites. Oomci3zan Stokes moved to sebedule tte public hearing for the appeal of public dazdal of Applications 17- -59/11--ta-69/10-D-69 for the August 18, 1969 hesrin Me Ing. Councilman Noel and it was passed unanimously. I scheduled Coiancilman Noel moved, Councilman Sues seconded and it ewe Vagmed claim ly to refer the injury claim to the insurance carrier. referred Comcilman Stokes moved to accept the letters in connection with the park and exchange proposal and directed that these letters be a into the record edae!mm the ;rablic discussion for this matter camenees. pouncilm n Noel seconded and it was passed unanimously. 1m dais cGO eection, City MMnager Storm advised a Council that an answer 9" I=dAent from the Federal 00 Muent advisufg about the legal aspects of exchanging land pQrCh&Zad with 76deral funds. C omel loran Stokes moved, Coanci:la n Noel seconded and it was pass" unani- to schedule the land enchangg proposal for public bearift for hearing Apsmst 4 v 1969• scheduled i 2 mmsum of ti&-- City Council itay 21, :1969 OC-18 oatioos coact°$. CLIV wit ftder advised the 00=911 that he bad received a telerbOns call Otto w. G. Din of colifurnia Zmas, raqw9ting rmbponsmont of the lic an lion go this bon at the ivm: mp me bmtft owlewd by the City CamwU. iN` M Mmm Nigel secoWkd and It ed umai- to authorize tie C oil' I etches mweved, lame Awl seconded and it was pmvnd umant- file the baloswe of tie congealrekdance. called far L=a camranicatlawv Mr. N. D. Kesedtzer send a letter as written by the IVmmWWt of the 001dell rs Amme5ation, comowding the CitW Cbmcll for enacting a weed abstAment Ordinance a" oftlag that the Council IR%ff-ww in the u®sWly oppeounwu of a strip or lased on Stevens Creek Boulevead between Hum Avenue and PbctMU Boulevard. CMumailson Noel moved, Council9takez seconded and it was Vassedanon F to s.dine this matter to the Cite r. oaml Mr. Nssaey presented a proponal for a stained Mass window to be placed in the aa#$oon raay, stating twat the vindoor aid be 101 high and 81' wide and would cost In the vicinit9 of $2,000 or low. Councilman Noel queried if the architect hmd in this to ascertain if such foe would ere with his plans. ilman Stokes moved that the a=3 scant be authorised to contact the City through whon he could make sirr+a to to we the architect for the and that the City MkmWr be directed to report back to the Council at the neat am ing in this connection. Councilman Nole seconded and it was vananiaonsl,Y. of Commissions A. Planning Missming Commission dice-Parts presented the minutes of JUI;j 14, 1969 ated briefly explained Application Ih-lid-59. Discussion ensued cm the fact that tw application was only one pcartim of a flour-reqaost application and lman Stokes stated that it would be impossible to decide upon this aggalefftlion until all four partlAmis of same would be submitted at the seine ties. Stokes moved to camtjmae discussion of this application until such MEG timer as the minder of the foe mW'cation can be discussed at the sage tim i. Councilman Noel seconded and it vmw passed unamimovasly. tions 15-M-69, 9- and 6-®-O were briefly discussed and unaniaouslY upon the individual swtia s by Coganc ilmon Stokes and the individual by Councilman Noel. h control S. Arr3_itecture and Site Apprcmal Committee N cwmtraj Cl airman Small pwAmmsmd the minutes of the July 99 1969 sooting amd brUtt2y explained the actlan taken at that meeting. is f 25=tes of the City Ciuncil July 21, 1969 IBC-18 9 Control cant'd Page 3 Ommacilman Stokes moved for affwaval of Application 408- 69, Councilman Mael seconded an it teas passed vonnimously. approved Cwnicilman Nbe1 moved for appawwal of Application 425-IIC-69, Councilman Otakes secondedand it ills unanimOusljrs approved Cbmcilman Noel moved for sppwoval of Application 424-RC-69 with the 424-KC-69 that such approval does not include approval of the signs. approved Cbuncilman Beaven seconded and it was passed unanimously. C. Parks and Recreation Cemmidasion parks It was the consensus of the Commcil that the min,.tes of the July 15, 1969 special meeting be taken up at the public hearing scheduled for the next Camc it meeting. Public Hearings A. Application 16-Z-69 had previously been Tostponed at the request of , the applicant. B. Resolution No. 1814 dec-laring intention of the City to order vacation Res. 1814 of a portion of a Citg greet, approximately 0.106 acre on YAry legend RP Avenue. (resolution No. 1832 under agenda listing ":solutions") mere were no audience commea;s, Councilman Stokes moved, Commicilman Noel P. h. seconded and it was passed ly to close the public bearing. closed Zorancilman Stokes moved for adoption of Resolution No. 1832, Councilman.Res. 1832 Noel seconded. adopted Ayes: Councilmen Beaven, Xcer_, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald Resolution No. 1815 de%_-ing certain private properties within Res. 1815 the City to be a public mrisance under the provision of Ordinance legend No. 405 (Res. No. 1841 alder agenda listing "Resolutions") mere were no audience commiams. Councilman Stokes moved, Councilman Noel p. h. seconded and it was passed unenluously to close the public bearing. closed Cl+osincilman Stokes moved for adoption of Resolution No. 1841. Councilman Res. 1841 del seconded. adopted Ayes: Counci2sen Beaven, Noel, Stokes, Dempster Roes: None Absent: Councilman Fitzgerald ces 1. First reading of OrdL No.445 had previously been disposed of. Ord. 44 of the City Council JsAy 219 109 cc-is cont'd 4ft. , 2. ft of OrMasisce Nh. i s Reconift f9as 009 21-10, '-4.251 smd R3-2.2 soar to CG, 111-201p -4.251 and R3-2.2 saw (in order to e2ari8yr the boundulLes bobwas existing saws; located we of Creek Boulevard and KeMaUa Bead. secondman Stokes a®v+ed that the Ordinance be road by title only and that mading the s reading of saw lonewlitatea a second reading. Councilman ftel and it was passed useadmously. ard. 4" commenons Stokes vived for ensetmeat of Ordinance No. 444. Councilman Noel Z seconded. Apw: Councl Iman Beaven, Noel, Stakes, Dempster Noem: None Absent: Councilmen Fitzgerald Reoq2ntions Hen. 1830 1. No. 1830: Approving payroll for period ending July 15, 1969. adopted Vide Treasurer Beaven presented the payroll. Councilman Noel moved for 1=, Councilman Stokes seconded. Arm: Councilmen Heaven, Nce2, Stokes, Dempster Noes: None Abe as,t: Ownelamw Fitsgeralrl Res. 1831 2. No. 1831: approving miscellaneous and general expenditures adopted Vice Treasurer Feaven presented the list of expenditures. Councilman Stokes saved for edoptton, Councilman del seconded. A,yes: Councilmen Bea-en, Noel, Stokes, Dempster Roes: None Absent: Councilman Fitzgerald Res. 3BE 3. No. 1832 had previously been disposed of. Res. 1833 4. No. 1833: instructing the fiscal age-it to transfer surplus Water Department fonds to the City Treasury adapted Counctloan Stokes moved far adoption, Councilman Noel seconded. Ayes: Councilman Beaven, Noel, Stokes, Dempster Noes: None Councilma Fitzgerald Rea. 1835 5. No. 1835: accepting get of easement from Fremont Union Nigh School District. adopted Counrilman Stokes moved t1or motion, Councilman Noel seconded. Councilman Beaven, Noel., Stems, Dempster None Absent: Comecilaan Fitzgerald.. latter of Stokes moved that a letter et thanks be sent to the Frememt Union District and the pspwtinn Union. School District in recognition of tinn Ift cooperation eztended by bad districts in connection vitc: the extension of NmI amended and it we passed UpolmouslY. e Minutes of the City Council July 219 1969 CC-18 page 5 Resolutions cont`d 6. ft. 1836: accepting great deed of easement from Del Oro Develop- Bes. scent Co., Inc. Councilmn Stokes moved for adoption, Councilmsa Noel seconded. adopted Ayes: Councilmen Beavenv Noel, Stakes, DasWdftr Noes: None Abswt: Councilmen FILtzearald 7. No. 1837: accepting dedication of real property for roadway Res. 1837 purposes from Josepft Zvulich Councilsas Noel soy" Zar s+da?ptioa, Councilman Beaven seconded. adopted Ayes: Councilmn Bmimm, Noel, Stdos, Dempster Noes: Bone Absent: Councilman Fitzgerald 8. No. 1838: approving boundaries cannon to the cities of Cupertino, Res. 1838 Los Altos, Los Altos Hills, Palo Alto and Saratoga Councilman Noel moved for adoption, Councilman Beaven seconded. adopted Ayes: Councilman Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald There were audience cosmments relative to the reasons for the City's apparent desire to trade this portion of land to another City. Mayor Dempster advisethattheCityvasnotdoingsobythisresolutionandthat, should any trading be done, it would be preceded by public hearings of which all effected parties would be notified. 9. No. 1839: approving final map of Tract No. 4746, West valley Res. 183 Inddstrial ft, -, Unit 2, and authorizing signing of agreement. Councilman Stokes moved for adoption, Councilman Noel seconded. adopted Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald Items No. 10 and No. 11 had previously been disposed of. 12.No. 1842: changing the name of Park Avenue between Saich Way and Re 184 Saratoga-Sunnyvale Road to Alves Drive Councilman Stokes revved for adoption, Councilman Noel seconded. adopted Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Counci3.=i Fitzgerald 6 Ktnutes of the City Council Jv0_7 21, 1969 CC-18 Resolutions con.'d 13.No. 1&3: approwing rimeal vann for :be Improvaimat of at Limnia Vista BrIves ap 3G3 Feet north of Wtuibus Avenue, authorising slod of the plat aud execution of the Councilman Stogy moved fbr IAM, Councilman goal seemided. Ass: Councilmen Beams, Bm1, Stokes, Dempster None Absent: Ciunci]aan Fitz am. Ishk 14.No. 184: accepting grant deed of easement fruam Mark {Amason. Director of Public Works ?arborcu& requested continusUCS of this mutter at aemotInced the applicant's request. ilwo-n Stokes moved to authorize the continuance, Cioancilman Noel seconded and it was passed unanimously. LAt'ilfiahed Business buGget A. Consideration for adoption of 1,969-1970 Operating Budget Councilman Stokes asked the status of setting the tax rate in relation to the edoption of' the Budget. the City Manager replied that the Finance Department was being delayed in processing the current years' business without knowing What the budget would be. He furtber explained that the tax rate itself need not be set until sometime in August. Finance Director Ryder started that no Word had yet been received on What the new assessed valuation would be. Counc.:,man Stases reiterated his previous concern on the accumul.atIon of surpluses and that the taxpayer should be entitled to a return eithar in the form of a lover tax rate or increased services and facilities. Councilman Noel concurred referring to a fis;-al report that showed income last year of more than $111,000 than anticipated and a General Fund cash balance of over $736,000. He said he bad heard the increase in assessed valuation was between 20-2-q% which would, in effect, create even a larger surplus. Mayor Dempster and Councilman Noel clarified previous Council attitude of reducing that portion of the tax rate required for bond interest and redemption but not for a relation in the General Fund rate. r Dempster stated that the Finance Director should be consulted, after be has contacted the Assessor's Office, to ascertain the time the final valuation figures can be erpec!ed as well as to get estimates of the tax .rate needs and report back at the neat meeting. Res. 1§_LU Councilman Stokes moves: fcr adoption of Resolution No. 1834, Councilman Noel i seconded. adopted Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgnra3 recess Donor Demapster called. a recess at 9:;oa p.m. The meting reconvened at 9:30 p.a. I Minutes of - City Council July 21, 1969 CC-18 page 7 Unfinished Business coat`d Item B. had previously bees acheduled for a public hearing. C. Application L13- for variances to sign ordinance and approval 413- for erection of signs by Ley Chevrolet Compaq® legend Mrs. Paul iTei a reiterated smee of the statements made at the last Council meeting at which time the application had been continued with a request for peasible alternatives by the staff and the applicant. Mrs. Weiss related that, in ac ne with the Council request, the applicant hag agreed to make the foarang modificatLo®s to the originally submitted application: 1) to reduce the height of the main sign to 42' from 47' ; 2) to eliminate the service sign entirely; and 3) to lower the Used Cars sign sufficiea64y to conform -tc the Ordinance, or 201 . Mrs. Weirs stressed the fact that, to indicate the _ooperation and willingness to operate in Cupertino, the applicant had agreed tc totally eliminate one sign, thus asking for approval of only two signs as Wised to the original request, and to lower the main sign as well as the Cars sign, both of which would be removed 250 feet from one another. Discussions enz•<ed among the Councilmen and Councilman Noel stated that, although he wc_-.Id favor a sign even lower than that proposed as a compromise, he would ccas__er granting the 42' sipm with a time limitation and asked if the app __si: would agree to such a restriction. Mrs. Weiss replied that she would a.:-e to a ten-year limitation as this was the period for which the sign contra:- vo-:ad remain in force. Councilman stated that, in his opinion, there had been no real attempt to comply at only an attempt to compromise the variation had been sub- mitted and -:_r7 there still remained three violations to the Ordinance; i.e. height, nuw-z_ c_`' signs, and allowable square footage and that he could not, in good cons--=ence, approves the application with three violations. Mr. Stokes contended :': : . were this application granted on the basis of a big business) applicant, - other and smaller business applicants could appear before this Council and =sect to receive the exact same -treatment and, subsequently, a vari&rtee -_ signs. Mr. Stores also took e:cception to the minutes of the last meetin ng which he had not been present and, by refev°'.n g to a portion of minutes. stated that, in his opinion, the Ordinance was not antiquated ss ;- had only been in force some two years and had received man; hours of wc-;s =.vial much effo-_ on the parts of Planning Commission members as well as Cot..._-__1men to be brc- ght to fruition. Furthermore, that one of the major prov:_s_-_.s of that Ordinance was, acid had been intended to be, that there will not be & -.--olation of this Ordinance. Mr. Stokes commented that everybody in the adic_--_ni municipalities knows that the Cupertino sign Ordinance is strict and tit:_ not allow violations or variation's. Mr. Stokes &e-eed that certain new businesses would call for modifications, but that th_s ley Chevrolet agency was not one of them and that the applicant was dramat4--'-- her case unnecessarily, as she had been in full knowledge of the Fact tha; -.-he Ordinance voruld not permit any variations, and that it had been -the anniizant who had selected the site in Cupertino being aware of the Ordinance rem -_ctions.. Mr. Stokes maintained that he could not find any justificat.icm nor approving this applimition in its present form. DEimates of the .`ity Council July 22, 1.964,D Anlication 41?-SC-69 cont'd O=Icilmn Noel expressed his ga°atifit+tior of the spirit of cooperation as desmutrated by the OPPUCUMV6 attempt to compromise bW; stated that the 42' A,IW =6 still too mach and that he mould agree to this sop aaly if it ramie accompsaied by the time limitation. Counci:=n Bwffm st.at@d that he had m0t CbWMPd his opinion appreciably since the last meating and be still felt ftAt the existi.ag Ordinance afforded to the City a of exercis!ift tight CVMtrol over Big" relating to commercial enterprises. Be did,, Dever, agree with Cvmcilnan Stakes' suggestion that perhaps the Ordinance should be changed to ac this aPPlicantion rather than allow the application to violate three of its basic requiramente in am application. 2be applicant referred to a previous cosaw;nt by W. Stokes by which the sPlicant cct:ld cb0Me to gait the property and be allowed oni sign each on the ensuing lots. Councilman Stokes clarified that he had mentioned this method or®lir to show that there could possibly be a for the applicant if he chose to elect this avenue of apla-osch but cautioned that the applicant would, in air case, —M-ed the approval of the City Council for whatever mW he elected to pursue. Councilman reayn questioned if the Ordinance was flexible enough to permit the approval of a -:se as the owe presently under discussion, commenting that the Ordinmce had cc- envisioned an aut-viabile agency when It was enacted. Also, that it was 'the cncern and responsibility of this Council to itesist all citizens in problem a_-eaz and that be did not believe 4n a strict and to the letter inter- pretation c' . •.linanoe. Cr,_:ncovan Stokes disagreed, saying that he was most anxious to ass_g in whate•.rer was needed, it fact, that the Ordinance had variation Provisions r-:-:-.en into it as the City Cotmz'l realised the potential need, but hat be wr _i =Z be ins;rmen*..al in approv-%g an application which is in violation of this same ::'__-i_rance on three counts. l kyor Dempster felt it di ff cult to understand the impact of this request when, on ZIAM Y occa:._-ns, variances had been granted developers who had been allowed to Put in only 'u f -,f the size of a sidewalk, the Hill size of which had been requested of ==tQrs. Imo. Dempster felt tt'.at a lot had trwu;pired since the Ordinance was ginally enacted two years ago and that the very rea::an for the Council's ear.-ec_e was the responsibility to equate and consider all facets of applications. Myor Dempster stated that he was in full agreement that there are several =__- larger signs ,In existence in Cupertino at this time than the one being Yrcocse*d now, and that exceptions to the Ordinance had previously been granted. 7he present application was one for a variance and that it dial act matter cr male any difference whether the applicant waz the owner of a large business or nc' . motion Councilman S-zkes moved for denial of Application 413-HC--69. The motion died for does lack of a se_and. Councilman Bea:en stated that he agreed with Councilman Stokes that perhaps the Ordinance shou+d be changes but that this would not change the substance of this applicatioc. He said that the site had considerable frontage, the two signs are not obtrusive and the City is concerned with the camanity being overrun by IMPVW signs. Also, that he did not like the Used Care sign, but that the design and forms of the signs was aesthetically pleasing. o Minutes cf the City- -Iounc:il July 21, :.369 CC-18 page 9 4,13- ccnt'd Councl2mmm Braven moved for approval of the application with the following 4 3-HC-6 c anditicm: 1) they the amain s igu shall not exceed 42' in height; 2) the on o Used Cars sign shall not exceed 20' ir. height and that the signs shall be approve placed not less than 250' apart; 3) tt.sre shall not be an application for a third sign at any time; 4) there shall be a seven-year time ,imit on the sib appraval after the expiration of Adch the main sign shall be dropped to a beW allowable within the then exi.stinr Ordinance. Councilmen Dempster seconded. The motion received the following tie-vote: Ayes: Councilmen Beaven and Detester sees: Councilman Stokes and Noel tie vote Abao at. Councilsmn Fitzgerald. City A-tern" Anderson rendered his legal opinion in cases of a tie vote by which the tie has to bs broken by a full five-member Council and that the only practical solution would be to continue the matter to the next Councjl meeting Counrlima Noel mcye3 to approve Application 413-HC•69 with a main sign of 41 -HC-6 30' be 4g , the Used Cars sign of 20' height, both placed 250' apart, with approved a ten-year limit on the approval after which time the signs shall be reduced with to the height al zwarle within the then existing Ordinance. Councilman conditions Dempst.,er- seconded The motion was passed with a 3 - 1 vote with Councilman Stc4ws assenting ar_W Councilman Fitzgerald absent. New B;;Z sine s 8 Dire-t= of Pubi : Wcars Yarborough reported that seven bids had been reset:Tved for the -add g of the Linda Vista Hillside Park, with the low bidder_. 1 oyu J s.__.. . & Son, submitting a bid for $61,4gl,00, ^cording to Imo_ Tarboroug'., t :is bid amount incl-:ded all of the following work to be perf-ormed: grad:.fg the entire site, excavation from the top of the hillside area to -`e parkirW lot, the parking lot surface to be graded and cam=ted, waLic s of 1" asphalt surface to be installed, etc Beaven =cvc:d for approval of the Director of Public Works ' bid recommendation and acceptance of the low bid. Councilman Stokes seconded accepted and it was passed -=An.imaus=y.. Report of Officers A. City Treas<^er treasurer There was no report from the City Treasurer B. City manager manager Mr. S--am stated that he had been approached with a request for an additional extensim of waiv-ing the construction of a masonry wall for the Mobile Oil CcmqwnW station at Stelling Road and Stevens Creek Boulevard. Stokes moved to extend the waiver one year or *mtil such time as the adjoimimg property to this site is rezoned. Councilman Beaven seconded and it ones passed unanimously. f of the City Council July 21, 1969 CC-18 of Officers cont'd 4 Mr. Stem reported that the 10' essamot on Vicksburg Dive was no larger as a ua2kva- by school CbI2&m nor was it needed by the City and vums in fact, creating a great dea of trouble for adjoining neIgAftors. lStabes movt4., Cotmellmmin Noel seconded and it was passed unanimously Pik,I wd to abandon the eausent and turn it back to the original developer. dilmanStemsmoved, Councilman el seconded and it was passed unanimously0maw to qpprove the City Nwu4jervs re Lion for the purchase of two refrigerators for the tvo commity park building W. Storm reported that he had received certain data in connection with the sea-yearly- trash pickup as wed by the City Council, said data having been submitted by the Los Altos Garbage Company. xvqwest to Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously Varify to refer this natter to the Finance Director to verify the figures as submitted. Mr. Storm repo-=ed on the research conducted in connection with the permission tc: sell firevorks in Cupertino to certain organizations. Councilman Stokes reiterated his original motion that the Ordinance be brought before the City Council fora `ossible review on the method of allocatiLg permits and requested that the City Manager and the City Attorney submit suggestions for such a possible Ord.i-m=ce to the City Council. attorney C. City A,: orney There was no -her report from the City Attorney. D. Direcc- of Public Works Councilman Igoe: moved, Councilman Stokes seconded and it was passed unanimously bids to authorize the advertisement and calling for bids for the relocation of the authorized Alves water and transmission main. Cop=oilman Noe- moved, Councilman Beaven seconded and it was passed unanimously return to authorize ::e return of fees collected in connection with Tract No. 4721, af few Woods Borth, re:aining the engineering checking and inspection fee in the amount of $9= . Comcilman Bearen moved, Councilman Noel seconded and it was passed unanimously to authorize the Director of Public Works to notify the contractor of the !Mary ban" to Avenue Water Ha in and his bonding company that the bonds posted in conjunction retire with this pro"ect may be retired. Tbere were no further staff reports in addition to the written reports previously m9aitted. Councilmwi Noel moved for adjouramment, Councilman Beaven seconded and it was passed uxm"imously. NIMMes of the Council Ju19 21, 1%9 CC-is page 11 Ming adj"=ed at 10:40 p,.=. Adjournment rr`s. J. Robert Dempster A'7 mayor, City of Cupertino s &. E. Ryze: Clerk k r i I f I I