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CC 04-06-70 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 CC-4l MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD APRIL 6, 1970 IN THE COUNCIL CHAMBERS, CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 P.M. by Mayor Dempster who led the salute to the flag. Roll Call Councilmen present: Beaven, Fitzgerald, Mayor Dempster. Councilmen roll call absent: Noel, Stokes. Also present: City Manager Storm, City Attorne~ I Anderson, City Clerk Ryder, Director of Public Works Yarborough, Director of Planning Sisk, Chief Building Inspector Benevich, and Parks and Re- creation Director Parham. Minutes of Previous Meeting It was the Consensus of the Council that, due to the absence of two of the Councilmen and the fact that Councilman Fitzgerald had not been pre- sent during the entire previous meeting,the minutes of March 16, 1970 would be considered for approval at the next subsequent meeting. minutes continued Written Communications City Clerk Ryder informed the Council of a resolution having been re- ceived from the City of Santa Clara opposing the proposed new San Jose Metropolitan Airport. It was also reported that a petition had been re- ceived which was signed by 22 County residents living on Hazelbrook Drive. The petition requested that an eight-foot cinder block fence, or something comparable, be erected on the property line to separate the residential area from the proposed apartment and commercial develop- ments on the adjoining property. The communications were received and filed. Oral Communications Mayor Dempster recognized, in turn, several residents of Linda Vista Drive who addressed the Council on matters relating to the Hillside Park. Among those persons who spoke were Mr. W. E. Myers, lll37 Linda Vista Drive; Mr. W. B. Alexander, ll127 Linda Vista Drive; Mrs. Mary Baker, 11107 Linda Vista Drive; Mr. Ted Constant, 11056 Linda Vista Drive; Mr. Estin Baker, 11107 Linda Vista Drive. spokesmen recognized These persons claimed to be spokesmen for many of their neighbors who were identified as members of the audience. Their concern was on the location and proposed usage of the City-owned duplex which was scheduled to be moved from its present location in Monta Vista to the Hillside I Park. Clarification was requested as to a reference in the local news- paper that this building was going to be used as a Teen Center, it being their contention that the structure was inadequate for this purpose. nqe2 Council comments discussion Hillside Park area continued proposed park program Minutes of the City Council April 6, 1970 CC-4l Oral Communications cont'd. The Council was also informed as to the extent of vandalism going on, and about the improper usage of the area during all hours of the night. A complaint was registered that the use of this facility by motorcycles every night and all day Sunday was extremely distracting as was the discharge of guns in the area. To these remarks as they were being made the following comments were offered by the members of the Council: Councilman Fitzgerald said that there had been many articles appearing in the local paper recently on the plans of the Council for the con- struction of a Community Center Building. He thought that this, coupled with the probability of its being used as a Teen Center, might have caused some confusion in the minds of people when they read the article about the duplex. He then outlined the proposed usage of the Hillside Park, differentiating it as a neighborhood park from the contemplated usage of the proposed Memorial Park. It was his belief that the Parks and Recreation Director might be able to clarify some of the issues and suggested that he brief these visitors in the hallway outside the Council chambers. Councilman Beaven said that the fears of the residents in the area were of unfounded in that this proposed building would be a meeting place for all groups and would not be used as a Teen Center exclusively. He re- ferred to the two other neighborhood park buildings stating that these were filled to capacity with a wide variety of programs and people. He pointed out many uses the new building would have which included a por- tion of the floor area being reserved for a local radio station. He then invited any resident of the area or other interested person to re- view the plans, inspect the building and to make whatever comments they wished. He stressed the importance of this project as being a communi- ty effort. Mayor Dempster advised the audience that experience had proven that a better utilization of park facilities could be obtained with the placing of some shelter or building. He said this was what the City was attempt- ing to do for the Hillside Park. He assured those present that nothing would be done which would detract from the beauty of the park. He re- ferred to the appearance of the two parks now developed and offered that as a criteria on the interest of the City in enhancing a neighborhood. Parks and Recreation Director Parham said that the program for the Hill- side Park called for it to be staffed from approximately 9:30 A.M. to 10:30 P.M. He said he could not deny the existence of vandalism but that the experience in Cupertino was less than other areas. It was his belief the leadership program was a contributing factor toward this re- duction. He told the audience that the house would be located on the lowest portion of the park so that it would be made accessible to the senior citizens' group. He also offered that they planned to have a gate to the entrance of the park on Linda Vista Drive which would be Minutes of the City Council April 6, 1970 Oral Communications cont'd. locked after the last programmed activity had ceased. ever, that this would not stop pedestrians. CC-41 page 3 He cautioned, how- I Mayor Dempster then asked that Mr. Parham have these residents at a joint Parks and meeting with the Parks and Recreation Commission which is scheduled for Recreation April l3, 1970. At that time he should inform them of the City's plans Couùaission and receive from them the detailed suggestions as to how the situation meeting could best be handled. Subsequent to this Mr. Parham then was to submit April 13 a report to the CounciL I Mayor Dempster than recognized Mrs. R. K. Campbell, 20613 Scofield Driv~, who spoke on the problem existing with the separation of commercial pro- perty from their residence. Mayor Dempster asked the Chief Building I Inspector to meet with her outside the Council chamber and explain what had taken place in previous meetings between the developer and other re- sidents. Mrs. Campbell interjected that she was aware of what action had been taken but that this still left her with only a four-foot wall on a portion of her property. Mr. Benevich said that the problem was real, the commercial property owner had been contacted and that he had been advised by him that the additional height would be installed in approximately two weeks time. Report of the Planning Commission 1. Application 4-TM-70 from Mathew Narog for a Tentative Map to adjust property line at l030l Phar Lap Drive. Recommended for approval by Planning Commission Resolution No. 747, March 23, 1970. Director of Planning Sisk presented the application saying that it had been created through an illegal division of land by the subdivider and the original buyer. This was not discovered until the present owner ha sought a permit for a swimming pool. He advised the Council that no problems had been found With the proposed Tentative Map and that it had been the Planning Commission's recommendation that this be approved. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Application 4-TM-70 be approved subject to thos conditions imposed by the Planning Commission. 2. HEWLETT-PACKARD - Vallco Park: Review of minor modification of approved Development Plan. Approved by Planning Commission. Mervyn's wall complaint 4-TM-70 legend 4-tM-70 approved Hewlett- Packard Mr. Sisk informed the Council that the modifications requested were minor in detail and could have been resolved at staff level but were being pre- presentation I sented to the Council more in the way of being informative than submitting I for approval. He said that a Use Permit does exist for the development of this property. The proposed change was minor in that the original plan~ called for 685,000 square feet of floor area which required 2,192 parki page 4 changes in Hewlett- Packard plan approved 458-HC-70 legend 459-HC-70 legend 452-HC-70 legend Minutes of the City Council April 6 , 1970 CC-41 Report of Planning Commission cont'd. spaces. The proposal was for a small difference in the size of industrial buildings resulting in a total square footage of 681,000 square feet, re- quiring 2,180 parking spaces. The parking spaces to be provided number 2,616. He said the traffic pattern was virtually the same as before. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that the proposed changes in the development plan be approved. Report of the Architectural and Site Approval Committee l. Applicàtion 458-HC-70 from Ad Art, Inc. request- ing approval to erect a 2' x 8' single-faced plastic sign for Tease and Taper Beauty Salon located at 20530 Stevens Creek Boulevard. Re- commended for approval. This application was presented by the Chief Building Inspector, Bill Benevich, who stated that it was a routine sign and did not create any problems. 2. Application 459-HC-70 from Haneberg-Koch, Inc. requesting approval to construct a 20,100 square foot industrial building on Lot l2B, West Valley Industrial Park, Tract No. 4398. Recommended for approval. i Mr. Benevich showed the proposed plans of the structure to the members of the Council and related that the H Control had recommended its ap- proval. 3. Application 452-HC-70 from Mr. and Mrs. George Piepgras resubmitting for approval to convert an existing building located at 20085 Stevens Creek Boulevard for commercial use as an antique shop. Recommended for approval. Mr. Benevich displayed the drawing that had been submitted to the IArchitectural and Site Approval Committee, adding that there had been some minor alterations on the existing house. He pointed out that the Committee had imposed the requirement for a six-foot masonry wall fence with the applicant being advised that he could be present at this Council meeting to request a waiver from the CounciL Mr. Sisk said that the Planning Commission had deleted this provision due to the existence of a one-year lease and the fact that residental property was a considerable distance from the house. The applicant was not in attendance. Councilman Beaven said that he had some misgivings on this particular application as well as a waiving of the requirement for a masonry wall and inquired if there were minimum standards set by the City for con- Minutes of the City Council April 6, 1970 version of private residences. Councilman Fitzgerald said that he would like to have the applicant present and to hear directly from him. It was Mayor Dempster's suggestion that this application be held over to the next meeting so that the absent Councilmen would have an opportunity of reviewing it. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that Application 452-HC-70 be continued to the next meeting. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Applications 458-HC-70 and 459-HC-70 be approved subject to the conditions imposed by the Architectural and Site Approval Committee for each. Report of Parks and Recreation Commission There had been no meeting and there were no minutes. Public Hearings There were no public hearings. Ordinances 1. Second reading of Ordinance No. 456 rezoning from Multiple Residential - 2200 square feet of lot area per dwelling unit (R3-2.2) Zone to Duplex Residential - 4250 square feet lot area per dwelling unit (R2-4.25) Zone; Lot 25, Tract 3277, located west side of Green- wood Court, adjacent to Calabazas Creek. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 456 be read by title only and that the Mayor's reading of it constitute the second reading. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 456 be enacted. 2. Second reading of Ordinance No. 306(a) amending Item 9 of Exhibit nAn of City of Cupertino Ordinance No. 306 providing for Architectural and Site Approval. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 306(a) be read by title only and that the Mayor's reading of it constitute the second reading. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 306(a) be enacted. Resolutions 1. Resolution No. 1962, approving payroll for period ending March 26, 1970. CC-4l page 5 452-HC-70 continued 458-HC-70 & 459-HC-70 approved Ord. 456 enacted Ord. 306(a) enacted page 6 Minutes of the City Council April 6, 1970 cc-4l Resolution No. 1962 cont'd. Res. No. 1962 It was moved by Councilman Beaven, seconded by Mayor Dempster and passed adopted unanimously on a roll call vote that Resolution No. 1962 be adopted. Res. 1963 adopted Res. 1964 adopted bids for moving of duplex to Hillside Park deferred 2. Resolution ~o. 1963, approving miscellaneous and general expenditures. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously on a roll call vote that Resolution No. 1963 be adopted. 3. Resolution No. 1964, approving Final Map of Tract No. 4823, Westridge Vill~ge; accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign the Final Map; and authorizing the Agreement in connection therewith. Director of Public Works Yarborough advised the Council that there was a departure from normal practice in this Resolution in that it waived the bonding requirement of the City for the open space of the project. He said the bonding of this open space was a requirement under FHA re- gulations and that the City's bond would have been a duplication. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that Resolution No. 1964 be adopted. Unfinished Business City Attorney Anderson reported on the deed restriction he had drawn for Application 9-V-69 from Mission Furniture requesting a variance from parking requirements. After reading the deed restriction in full he re- quested that the Council approve the form of the restriction and authorize him to have it signed by the property owner and then to have it recorded. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that the deed restriction be approved as to form and that the City Attorney be authorized to have it signed and recorded. New Business It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that the results of the bid opening for the moving of a duplex residence from lOll7-l0l2l Lowe Avenue to the Hillside Park be deferred to the next meeting; deferment to allow residents of the Hillside Park area time to review and discuss the matter with the Parks and Re- creation Commission at its meeting on the following Monday night. Report of Officers A. City Treasurer The City Treasurer had no further report. Minutes of the City Council April 6, 1970 version of private residences. Councilman Fitzgerald said that he would like to have the applicant present and to hear directly from him. It was Mayor Dempster's suggestion that this application be held over to the next meeting so that the absent Councilmen would have an opportunity of reviewing it. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that Application 452-HC-70 be continued to the next meeting. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Applications 458-HC-70 and 459-HC-70 be approved subject to the conditions imposed by the Architectural and Site Approval Committee for each. Report of Parks and Recreation Commission There had been no meeting and there were no minutes. Public Hearings There were no public hearings. Ordinances 1. Second reading of Ordinance No. 456 rezoning from Multiple Residential - 2200 square feet of lot area per dwelling unit (R3-2.2) Zone to Duplex Residential - 4250 square feet lot area per dwelling unit (R2-4.25) Zone; Lot 25, Tract 3277, located west side of Green- wood Court, adjacent to Calabazas Creek. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 456 be read by title only and that the Mayor's reading of it constitute the second reading. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 456 be enacted. 2. Second reading of Ordinance No. 306(a) amending Item 9 of Exhibit "A" of City of Cupertino Ordinance No. 306 providing for Architectural and Site Approval. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 306(a) be read by title only and that the Mayor's reading of it constitute the second reading. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that Ordinance No. 306(a) be enacted. Resolutions 1. Resolution No. 1962, approving payroll for period ending March 26, 1970. CC-4l page 5 452-HC-70 continued 458-HC-70 & 459-HC-70 approved Ord. 456 enacted Ord. 306(a) enacted page 6 Minutes of the City Council April 6, 1970 CC-4l ResolutiŒn No. 1962 cont'd. Res. No. 1962 It was moved by Councilman Beaven, seconded by Mayor Dempster and passed adopted unanimously on a roll call vote that Resolution No. 1962 be adopted. Res. 1963 adopted Res. 1964 adopted bids for moving of duplex to Hillside Park deferred 2. Resolution No. 1963, approving miscellaneous and general expenditures. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously on a roll call vote that Resolution No. 1963 be adopted. 3. Resolution No. 1964, approving Final Map of Tract No. 4823, Westridge Village; accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign the Final Map; and authorizing the Agreement in connection therewith. Director of Public Works Yarborough advised the Council that there was a departure from normal practice in this Resolution in that it waived the bonding requirement of the City for the open space of the project. He said the bonding of this open space was a requirement under FHA re- gulations and that the City's bond would have been a duplication. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that Resolution No. 1964 be adopted. Unfinished Business City Attorney Anderson reported on the deed restriction he had drawn for Application 9-V-69 from Mission Furniture requesting a variance from parking requirements. After reading the deed restriction in full he re- quested that the Council approve the form of the restriction and authorize him to have it signed by the property owner and then to have it recorded. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that the deed restriction be approved as to form and that the City Attorney be authorized to have it signed and recorded. New Business It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that the results of the bid opening for the moving of a duplex residence from lOl17-1012l Lowe Avenue to the Hillside Park be deferred to the next meeting; deferment to allow residents of the Hillside Park area time to review and discuss the matter with the Parks and Re- creation Commission at its meeting on the following Monday night. Report of Officers A. City Treasurer The City Treasurer had no further report. Minutes of City Council April 6, 1970 Report of Officers cont'd. B. City Manager 1. City Manager Storm reported that he had received the quarterly report of the Chamber of Commerce and, in his opinion, this was the best ever and the responsible persons should be given recognition for their efforts. Mayor Dempster also complimented the Chamber 'of Commerce, its officers and its new Manager for the revitalized actions and new direc- tion it was taking. 2. Mr. Storm reported that he had been informed the State did n t have funds immediately available for the proposed traffic signals for Wolfe and Interstate 280. He said that the State would be responsible for approximately half the estimated cost of $35,000 - $40,000. He sai he had been advised Vallco Park had offered to contribute $10,000 towar this project. 3. Mr. Storm reported that he had received a request from an at torney for a waiver of a bill of $28.74 levied against a youth who had damaged a signpost. Mr. Storm said he had informed the attorney the waiving of such a charge could come only from the Council. It was the consensus of the Council that the age of an offender was not relevant and that he should be required to pay for his damage the same as any other person. 4. Councilman Fitzgerald inquired if the City Manager had had any communication relative to property having to do with the Corporatio Yard. Mr. Storm replied that he had received a letter ' on this subject but that it had been too late for inclusion in his report. He said tha he had written saying that when the Corporation Yard needed to be ex- panded, which eventually it would be, the Council had already indicated its preference for the Yard to be relocated rather than expanded at its present site. C. City Attorney The City Attorney had no further report. D. Director of Public Works After the introduction, explanation and request by Director of Public Works Yarborough on each of the below enumerated items the Council took the following action: It was moved by Councilman Beaven, seconded by Councilman Fitzgerald an passed unanimously that the Street Maintenance Program performed by Freeman-Sondgroth Construction Company be accepted and the &aff authonzed, to file a Notice of Completion with the County Recorder's Office. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald an passed unanimously that the City accept the municipal improvements con- CC-41 page 7 Chamber of Commerce Report Wolfe Road signals requested waiver denied Corporation Yard location street maintenance program accepted page 8 municipal improve~ents accepted bonds to be retired on City projects sign ordinance violation request from Employees' Association payroll deductions authorized Minutes of the City Council April 6, 1970 CC-4l Report of Director of Public Works cont'd. structed in conjunction with the Lincoln School, McClellan Road west of Bubb Road and West Valley Industrial Park Unit 2, Tract 4746, Bubb Road and McClellan Road. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald that the staff be authorized to notify the contractors and their bond- ing companies that the bonds may now be retired for the projects of Portal Park, Wilson Park and Wintergreen Drive at Wilson Park. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that the developers and bonding companies be advised that bonds may now be retired in conjunction with the improve- ments at Smilin' Bill's Furniture Store, north side of Stevens Creek Boulevard 125' west of Portal Avenue; Standard Oil Station, southeast corner of of Blaney and Homestead; and Speedee Mart, Bubb Road at Presidio. E. Director of Planning There was no further report from the Director of Planning. D. Chief Building Inspector There was no further report from the Chief Building Inspector. Councilman Fitzgerald commented on an activity of which he had become aware having to do with the placement of real estate directional signs on Friday night and their removal on Sunday night. He said it was his per- sonal belief that this activity was a subversion of the requirements of the sign ordinance and requested that the Chief Building Inspector make an investigation and take whatever corrective action was indicated. G. Director of Parks and Recreation There was no further report from the Director of Parks and Recreation. H. City Clerk-Finance Director 1. City Clerk-Finance Director Ryder reported that the Cupertino Employees'Association had submitted a request for authorization to have payroll deductions for credit union participation. The payroll deduc- tions were a requirement for members of the Santa Clara County Employees Credit Union. He said this had been investigated by the City Manager and him and it was their joint recommendation that approval be granted by the City Council. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously that the requested payroll deductions be authorized. Minutes of the City Council April 6, 1970 City Clerk's Report cont'd. 2. Mr. Ryder submitted a request received from the Pacific Postal System for a renewal of a Business License for handbilling. He advised the Council that authorization had been granted in previous years, that no difficulties had been encountered and that it would be his recom- mendation to grant this request. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that the handbilling permit as requested be authori- zed. 3. The Council was reminded that it would be necessary to hold an adjourned meeting on Tuesday, April 21, 1970 for the purpose of canvassing votes. 4. The Council was advised that 5:00 P,M. Tuesday, April 7, 1970 was the deadline for the submission of applications for Absent Voter Ballots. Mr. Ryder said that to date only six applications had been re- ceived with three having been returned. 5. Mr. Ryder reported that a time deposit would mature on April 8, 1970. This time deposit was for $200,000 and had been made with Barclays Bank. He said that this same money, plus some recent receipts, could be redeposited and, in line with Council policy of equalizing balances among the local banks whenever rates offered were the same, it was his recommendation that the following deposits be made with Barclays Bank: $100,000 for 2 months at 6-1/2% 100,000 for 6 months at 7 % 100,000 for l2 months at 7-1/2% In answer to a quest ton ~y Councilman Beaven as to the bidding procedure for this money Mr. Ryder informed him that the rates offered were the same by all banks at this time and that these rates were the maximum permitted by the Federal Reserve Board. The recommendation for Barclays Bank being the recipient was to maintain equitable balances among the four local banks. This recommendation was concurred in by the City Treasurer, Councilman Fitzgerald. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and passed unanimously on a roll call vote that the time deposits, as re- commended, be authorized. It was moved by Councilman Fitzgerald, seconded by Councilman Beaven and so declared by Mayor Dempster that the meeting be adjourned. The time of adjournment was 9:l4 P.M. ATTEST: ~- CC-4l page 9 handbilling permit authorized adjourned meeting 4/21/70 deadline for absent voter applications time deposits