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CC 03-16-70 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD MARCH 16, 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 (8:35 P.M.), Noel, Stokes and Mayor Dempster. Also present: City Manager Storm, City Clerk- Finance Director Ryder, Director of Public Works Yarborough, Director of Planning Sisk, Chief Building Inspector Benevich, Parks and Recreation Director Parham, Assistant Planner Cowan. Minutes of Previous Meeting Mayor Dempster called for concurrence in the amended minutes of February 2, 1970 and for any corrections, additions or omissions to the minutes of February 16, 1970 and March 2, 1970. There being no objections, the said minutes were unanimously approved as submitted on individual motions of Councilman Noel and individual seconds by, Councilman Stokes. Written Communications City Clerk Ryder reported that a timely appeal had been filed by Mr. Leonard Gensensway, the applicant for Applications 5-TM-70 and 5-U-70 appealing the denial by the Planning Commission. The appeal requested that the public hearing be held May 4, 1970. It was moved by Councilman Noel, seconded by Councilman Stokes and passed unanimously that the appeal on Applications 5-TM-70 and 5-U-70 be set for May 4, 1970. Oral Communications Mr. Wilfred E. Blessing, architect for the proposed library building, presented the plans and the specifications to the Council, stating that they had been approved,by all other public agencies and after approval by the Council could be put out to bid. The Council accepted the plans and specifications and formally approved them on behalf of the City of Cupertino. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that the plans for the Cupertino Library be adver- tised for bid with a bid opening date of April 21, 1970. CC-40 roll call inutes ppeal of enial on -TM-70 & -U-70 ibrary lans page 2 Minutes of the City Council March 16, 1970 CC-40 Report of Planning Commission 1. Application 2-V-70 from Martin A. Kasik for a Variance to reduce sideyard setback from required six (6) feet to five (5) feet; lot 39 at end of cul-de-sac Lindy Place. 2-V-70 denied It was determined by Mayor Dempster that the applicant was not present. Councilman Noel stated that he had been present at the Planning Commission meeting where the public hearing had been held and on the basis of what had been said at that meeting he moved that Application 2-V-70 be denied as recommended by the Planning Commission. The motion was seconded by Councilman Beaven and passed unanimously. Report of Architectural and Site Approval Committee 1. Application 454-HC-70 from Warren Gilbert & Associates, AlA, requesting approval to construct a 140 unit Townhouse Complex off Foothill Boulevard, north of Stevens Creek Boulevard. Mr. Warren Gilbert presented the application and by means of render- ings explained the proposed development. He said that the project was for l40 Townhouse units having condominium ownership. The architecture would consist of three basic roof types--gabled with wood shakes, mansard with wood shakes and mansard with terracota tile. He said the units would be rustic in nature and would have two, three and four-bedroom styles of one or two stories from a minimum of l,OOO sq. ft. to a maximum of 1,600 sq. ft. He pointed out that the project would have a self-contained recreational center and, in response to Counc,ilman Beaven's question, said that it would consist of a large swimming pool, putting green, two buildings (one for showers, dressing rooms and sauna baths and one for a lounge and gate area) and several small play areas throughout the complex designed especially for small children. He also remarked that inasmuch as the project abutted the P. G. & E. Substation, considerable landscaping of this perimeter would be done. 454-HC-70 approved There being no further questions or comments, it was moved by Councilman Beaven, seconded by Councilman Noel and passed unanimously that Application 454-HC~70 be approved as recommended by the Archi- tectural and Site Approval Committee. 2. Application 452-HC~70 from Mr, and Mrs. George Piepgras requesting approval to convert existing building, located at 20085 Stevens Creek Boulevard, for commercial use as an antique shop. The applicant was absent from the meeting and the application was presented by Chief Building Inspector Benevich. He said that not much conversation had taken place at the earlier meeting, primarily because the building already existed and no formal plans had been Minutes of the City Council March 16, 1970 Report of Architectural and Site Approval Committee cont'd. submitted. He said that most of the discussions had to do with the sign which would have an application processed through normal chan- nels in the near future. Councilman Stokes stated that he could not understand how the application had processed this far without the submission of formal plans and that this had never been done before to his knowledge. With this explanation he then made a motion which was seconded by Councilman Noel and passed unanimously that Applica- tion 452-HC-70 be referred back to the Architectural and Site Approval Committee. 3. Application 457-HC-70 from Monsanto Company requesting approval for the landscaping of the parking lot addition for Lot 8, West Valley Industrial Park. Chief Building Inspector Benevich stated that this was a routine request and that it conformed to that landscaping of other lots in the area which previously had been granted approval. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that Application 457-HC-70 be approved as recommended by the Architectural and Site Approval Committee. Report of Parks and Recreation Commission There had been no meeting and there were no minutes. Public Hearings 1. Application 2-Z-70 from Eterna Builders, Inc. for rezoning from Multiple Residential - 2200 square feet of lot areacper 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 Greenwood Court, adjacent to Calabazas Creek. Planning Director Sisk,presented the application and located the property on a map for the Council. He said that this particular application was somewhat unusual in that the owner wished to con- struct a duplex but the land was zoned for Multiple Residential. There being no further comments, it was moved by Councilman Noel, seconded by Councilman Stokes and passed unanimously that the public hearing be closed. It was moved by Councilman, Stokes, seconded by Councilman Noel and passed unanimously that Ordinance No. 456 be read by title only and that the Mayor's reading constitute the first reading of the ordinance. page 3 CC-40 452-HC-70 referred to H-Control 457-HC-70 approved 2-Z-70 approved Ord. 456 first reading page 4 Res. 1955 adopted Res. 19,56 adopted Res. 1957 referred to City Attorney Res. 1958 adopted Minutes of the City Council March 16, 1970 CC-40 Resolutions l. Resolution No. 1955, approving payroll for period ending March lO, 1970. It was moved by Councilman Stokes, seconded by Councilman Noel that Resolution No. 1955 be adopted. Ayes: Councilmen Beaven, Noel, Stokes, Mayor Dempster Noes: None Absent: Councilman Fitzgerald 2. Resolution No. 1956, approving miscellaneous and general expenditures. It was moved by Councilman Stokes, seconded by Councilman Noel that Resolution No. 1956 be adopted. Ayes: Councilmen Beaven, Noel, Stokes, Mayor Dempster Noes: None Absent: Councilman Fitzgerald 3. Resolution No. 1957, granting a Variance (9-V-69) to Mission Furniture Company for reducing the number of on-site parking spaces. In the absence of the City Attorney, City Clerk Ryder relayed to the Council the information given to him by the City Attorney that this resolution, if adopted and recorded, would constitute a restriction on the deed. It was the City Attorney's recommendation that this process be followed rather than the one of having a deed restriction submitted by the applicant. Councilman Stokes said that because this did not conform to Council directive that the matter be postponed to the following meeting for a report by the City Attorney. The motion was seconded by Councilman Noel and passed unanimously. 4. Resolution No. 1958, instructing the Water Depart- ment Fiscal Agent totransfer:surplus funds to the City Treasurer. It was passed Ayes: Noes: Absent: mdved by Councilman Stokes, seconded by Councilman unanimously that Resolution No. ,1958 be adopted. Councilmen Beaven, Noel"Stokes; Mayor Dempster None Councilman Fitzgerald Noel and 5. Resolution No. 1959, resolution of intention concern- ing accumulation and expenditure of TOPICS Funds by the City of Cupertino. Minutes of the City Council March 16, 1970 Resolutions cont'd. It was passed Ayes: Noes: Absent: moved by Councilman Stokes, seconded by Councilman unanimously that Resolution No. 1959 be adopted. Councilmen Beaven, Noel, Stokes, Mayor Dempster None Councilman Fitzgerald Noel and 6. Resolution No. 1960, urging the Santa Clara County Planning Policy Committee to study the Mountain Mass, which is comprised of Black Mountain, Montebello and Skyline Ridges to determine proper use. It was passed Ayes: Noes: Absent: moved by Councilman Stokes, seconded by Councilman Noel and unanimously that Resolution No. 1960 be adopted. Councilmen Beaven, Noel, Stokes, Mayor Dempster None Councilman Fitzgerald 7. Resolution No. 1961, urging the Local Agency Formation Commission to establish the sphere of influence boundaries between the City of Cupertino and its neighboring cities in accordance with the policy objectives outlined by the Local Agency Formation Commission. It was passed Ayes: Noes: Absent: moved by Councilman Stokes, seconded by Councilman unanimously that Resolution No. 1961 be adopted. Councilmen Beaven, Noel, Stokes, Mayor Dempster None Councilman Fitzgerald Noel and Unfinished Business 1. Councilman Stokes reiterated the purpose and results of a meeting called by the City of San Jose relative to its proposal for a community bus program. This proposal did not gain acceptance of those cities represented and it was Councilman Stokes' motion which was seconded by Councilman Noel and passed unanimously to have the City of Cupertino respond officially to this proposal, stating that it was not in the best interest of Cupertino. 2. Councilman Noel inquired as to the status of the report having to do with the improvement of the east side of South Blaney Avenue which previously had been requested. City Manager Storm re- sponded, saying that the information was ready but in view of the discussions which had been held on the proposed development in that area, he had been waiting for some decision to be reached before sub- mitting the report. Mayor Dempster then requested that the City Manager and the Director of Public Works do what they could to expedite the submission of this report at the earliest possible time. 3. Councilman Beaven said that he had received numerous com- plaints as to the excess gravel on the streets of the Peppertree page 5 CC-40 Res. 1959 adopted Res. 1960 adopted Res. 1961 adopted community bus pro- gram S. Blaney improve- ment report requested page 6 street maintenance program report requested signals contracts awarded traffic signals at Rodriguez & Rte. 85 architects agreement authorized Minutes of the City Council March 16, 1970 CC-40 Unfinished Business cont'd. subdivision, the gravel having come from a chip sealing program of several months ago. He submitted a request, which was concurred in by the Council, for the City Manager to submit a report on this type of street maintenance program versus other methods and to indicate for each the anticipated life expectancy and cost per square foot. New Business 1. Director of Public Works Yarborough reported on the opening of bids that afternoon for the island modifications and traffic signals at Sears location, Stevens Creek Boulevard and Wolfe Road. It was his recommendation that the contract for the signals and island modification be granted to R. J. Zipse for its low bid of $52,162 which recommendation was placed into a motion by Councilman Stokes which was then seconded by Councilman Noel and passed unani- mously. 2. Mr. Yarborough reported that the second bid of this project was for a traffic signal controller and cabinet and it was his recommendation that the contract be awarded to Singer Traffic Con- toller Co. for its low bid of $10,250, which recommendation was placed into a motion by Councilman Stokes, seconded by Councilman Noel and passed unanimously. 3. Councilman Beaven remarked that now the plans for the library were going out to bid, it was his suggestion that the City Manager do whatever could be done to accelerate the installation of traffic signals at Rodriguez Avenue and Route 85. The City Manager said that the last State report indicated a lack of justification at this time for these signals but wouldre-survey the situation after the library was in operation. He said he had been informed that the State would not re-survey the situation until that time. Report of Officers A. City Treasurer The City Treasurer had no further report. B. City Manager 1. City Manager Storm reported that he had received from Mr. Headly a proposed agreement for the development of plans for the Community Center Building. He said that it now was in order for the Mayor and City Clerk to sign this agreement on behalf of the City of Cupertino with Architect Headly. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that the Mayor and City Clerk be authori- zed to sign the said agreement. Minutes of the City Council March 16, 1970 Report of City Manager cont'd. 2. The City Manager reported that recently the City Council had authorized the purchase of a duplex in the Monta Vista area which had been slated for removal by the State in conjunction with its rerouting of Highway 85. He said this building now was the property of Cupertino and that it had to be removed prior to June 7, 1970. City Manager Storm requested of the Council permission to have this ,building moved at an estimated cost of $5,000. In response to Councilman Stokes' objections and questions, it was determined that sealed competitive bids had not been obtained and it was his suggestion that the City avoid possible legal compli- cations by having this project put out to bid. It was so ordered by the Mayor. C. City Attorney The City Attorney was absent. D. Director of Public Works Director of Public Works Yarborough reviewed a written report he had submitted to the Council suggesting a change in the sidewalk standards to encourage developers to permit five foot sidewalks instead of ten foot sidewalks with the additional area devoted to landscaping in addition to that which is already required. He suggested that the matter be referred to the Planning Commission for further study and its recommendation. This waS so moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously. It was reported that maintenance periods on the municipal improvements have elapsed in conjunction with Tract No. 4398, West Valley Indus- trial Park, Unit 1 and Eugene A. Ravizza Commercial Center frontage on Saratoga-Sunnyvale Road and requested approval to retire the bonds. It was moved by Councilman Noel, seconded by Councilman Beaven and passed unanimously that the bonds be released for the named suggested tracts. It was also reported that the Municipal improvements in with the Speedy Mart at the Saratoga~Sunnyvale Road and Avenue had been completed and it was his recommendation improvements be accepted. conjunction Silverado that the It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that the improvements of the subject development be accepted. E. Director of Planning There was no further report from the Director of Planning. page 7 CC-40 ids re- quested for house moving sidewalk standards to P. C. for study onds retired mprove- ents ccepted page 8 masonry walls FM radio ~tation sycamore tree program first reading Ord. 306(a) Absent Voter Ballots Minutes of the City Council March 16, 1970 CC-40 Report of Officers cont'd. F. Chief Building Inspector Chief Building Inspector Benevich reported on a meeting held between Mrs. Pauline Woodruff, Architect Myers (representing the Mervyns development), and the owners of residential property abutting the rear of this commercial development. The meeting had been called to reconcile differences on the height of the masonry wall separating these properties. Mr. Benevich said that it was agreed by all con- cerned that Mrs. Woodruff, and owner of the commercial property, would install at her expense a wall averaging six feet in height. G. Director of Parks and Recreation 1. Director of Parks and Recreation Parham reported that the Radio Club of Cupertino finally had received a permit to start con- struction of a FM radio station. This station would be operated by student groups of the City and would probably have its studio in the building to be moved onto the Hillside Park property. He said that financial assistance would be sought from the Cupertino Jaycees, the Assurance Science Foundation of Mt. View (who already have indi- cated financial support), as well as the De Anza Associated Students and the school districts. It was estimated that the operating costs would be about $50 a month. 2. Mr. Parham reported on the investigation and meetings which had taken place relative to the sycamore trees in the Westacres sub- division. He said that four of the trees on McClellan Road should be removed as requested by the property owners. It was the consensus of all other property owners, which was also his recommendation, that the City undertake 'a preventative maintenance program of spraying and pruning the remaining trees at suitable times and to make periodic inspections for potential root damage to sidewalks. He replied to Councilman Stokes' question that all sidewalk damage to date had been repaired and the offending roots cut. H. City Clerk-Finance Director 1. City Clerk-Finance Director Ryder reported that through a clerical oversight, the agenda did not carry as an item of business Ordinance No. 306(a) which would amend 'Item 9 'of the Architectural and Site Approval Committee check list. If enacted, it would specify that the six foot minimum for masonry walls be measured from the residential side. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that the City Clerk read Ordinance No. 306(a) by title only and that this reading constitute the first reading of the Ordinance. 2. It was reported that March 16 was the first day registered voters could request and receive Absent Voter Ballots for the General Municipal Election of April 14, 1970. Minutes of the City Council March 16, 1970 page 9 CC-40 Report of City Clerk-Finance Director cont'd. 3. It was reported that the City had received information from its insurance broker that the carrier had cancelled coverage for riot and civil commotion. Mr. Ryder informed the Council that in- quiries were underway as to whether or not another insurance company would be able to provide this coverage and if so, at what costs. The Council will be informed of the information as soon as it is received. insurance coverage Mayor Dempster adjourned the meeting at 8:56 P.M. ATTEST: