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CC 02-02-70 CITY OF CUPERTINO, State of California l0300 Torre Avenue, Cupertino, California Phone: 252-4505 CC-36 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD FEBRUARY 2, 1970 IN THE COUNCIL CHAMBERS,CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order at 8:07 P.M. by Mayor Dempster who sub- sequently led the assemblage in the flag salute. Councilmen present: Beaven, Fitzgerald, Stokes and Mayor Dempster. Absent: Councilman Noel. Also present: City Manager Storm; City Attorney Anderson; City Clerk-Finance Director Ryder; Public Works Director Yarborough; Planning Director Sisk; Chief Building Inspector Benevich; Parks and Recreation Director Parham; and Assistant Planner Cowan. The minutes of the regular meeting of the City Council of January 19, 1970 were unanimously approved upon the motion of Councilman Fitzgerald and the second of Councilman Stokes. Conununications City Clerk-Finance Director Ryder presented the following written communi- cations: 1. A request from the Vallco Village merchants for a standardiza- tion of a business license fee of $200.00 for the use of a petting zoo to be held in Vallco Village during the period of March 23, 1970 to March 28, 1970. The Mayor requested that this be deferred to the City Manager's report on the Agenda. I 2. A resolution from the City of Mountain View opposing the construc- tion of a marina in Menlo Park as having an adverse effect on South Bay tidal action. 3. A notice from the Public Utilities Commission of their intention to modify procedures for hearing applications for public convenience and necessity in the construction of electric generating plants. The letter was filed. 4. A request from Leo Ruth for the postponement of Application 9-V-69 to the meeting of February 16, 1970 to permit more time for the resolving of the question. The postponement of the application was ap- proved on the motion of Councilman Stokes, second of Councilman Fitzgerald and the unanimous vote of the Council. 9-V-69 postponed Under Oral Communications Mr. George Fernandez inquired as to the status of the proposed development on the parcel of land on the corner of South Blaney Avenue and the extension of Rodrigues Avenue, saying that it was now possible to submit a different plan from the one previously denied. Planning Director Sisk said that this application was scheduled for hear- page 2 Minutes of the regular meeting of the City Council February 2, 1970 CC-36 ing before the Planning Commission on February 9, 1970. Mr. Allen H. Dudley of 20337 Clay Street, Cupertino addressed the Council as the representative of the Tri-City Little League requesting a permit for a fireworks stand. The Mayor advised the applicant that the City now operated under a new ordinance which provided for procedures relat- ing to such applications. He referred the matter to the City Manager and requested that the City Clerk send a copy of this ordinance to Mr. Dudley. women's club Mrs. Robert Johnson, President of Cupertino Federated Women's Club, and '.'onation Mrs. Robert Lyons, Chairman of the Garden and Beautification Section of the club presented to Mayor Dempster two checks, one for $79.6l and the other for $70.00. The former was accompanied by a plaque aa a contri- bution to the beautification of the proposed library plaze, suggesting the possibility of having an evergreen tree planted i. the club's name with a bench or decorative garden around it. The latter check was donated for use in the purchase of equipment for a Youth Center. Mayor Dempster expressed the gratitude of tie City. At this point of the agenda Mayor Dempster requested and received un- animous consent to take the second reading'ofOrdinance Xo. 452 under Unfinished Business out of agenda order to permit those intereste4 citizens in attendance the opportunity to have it settled earlier i. the meeting. The City Attorney presented to the Council and then read a written opinion as to the legality of the Council's actions to date on the an- nexation designated, "Alcalde 69-6". It was his opinion that the City Council has power to enact the ordinance on the face of the record or terminate the ordinance which would then require the Council to amend its Resolution No. 1545 which provides that all property buying water from the City must be annexed. He said the wording of the resolution was mandatory, therefore, it was his recommendation that the annexa- tion be completed by enactment of the ordinance. In reply to a question by Councilman Stokes as to if a City could drop any portion or parcel of a petitioned annexation after havinc filed it with the Lbc'''''¡Agency Formation Commission City Attorney Anderson stated that there was no permissive statute available to pro- vide for such an action. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald that the ordinance be read by title only and such reading constitute the second reading of Ordinance No. 452. The motion was approved ua- animously. Ord. No. 452 It was moved by Councilman Stokes, seconded by Councilman Fitzgeralj enacted that Ordinance No. 452 be enacted. Second reading of Ordinance No. 452: Approving the Annexation of Çertain Contiguous Uninhabited Territory, Designated "Alcalde 69-6", To the City of Cupertino in Accordance With the Provisions of Section 35300 Et Seq. of the Government Code of the State of California. Minutes of the Regular Meeting oi ~lle City Council February 2, 1970 page 3 CC-36 Ordinance No. 452, cont'd. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Stokes, Mayor Dempster None Councilman Noel The Mayor recognized Mr. Bruce Winniger of Monta Vista who commented that the issue relative to the ordinance just enacted revolved as to who the owner of the property actually was. Councilman Stokes commented that he had been an alternate member of the Local Agency Formation Commission for about a year and was familiar with annexation proceedings to some extent. He said that the policy being followed by the City of Cupertino in the last six months or so was very disturbing to him when annexations were made affecting people who do not want to be annexed. He said he intended to give more consideration to the annexation functions in the future and that it was his personal thinking that the City should not annex developed properties when the people do not request it or when such annexation * would create an island or unincorporated area. He said this did not apply to undeveloped land where the owners wished to obtain water services. In this latter case annexation was only logical. In answer to a statement by Mr. Murdock, a property owner who was affected against his wishes by the enactment of this ordinance, Public Works Director YarbOrough conceded that Mr. Murdock was not a signator to the original petition. He stated that his protest before the Local Agency Formation Commission was not timely and that the balance of the lots being annexed had been given water service on their being developed. Councilman Beaven remarked that in recent months there had been many residents of Monta Vista appearing before the Council, most of the time objecting to annexation. He thought that these objections were only symptoms of a deeper problem. He conceded that Cupertino surrounded Monta Vista while those inhabitants wished to establish an identity. That identity was not that of Cupertino. He wondered what it was of Cupertino that was repulsive to residents of Monta Vista. He said that the City was progressive with a good balance of residential and indus- trial properties and these same residents should be giving serious con- sideration to the better aspects of the City. He suggested that the Council must face the roots of the problem, as he put it, and consider sitting down with these people who had wanted to incorporate Monta Vista so that some exploration could be made of these differences in an effort to try to find a common understanding. Councilman Beaven moved, which was seconded by Councilman Fitzgerald and passed unanimously, that the City Council make itself available to explore the differences with the residents of Monta Vista before a Council meeting or even at a special session. community eeting recommended * (As amended by City Council action of March 16, 1970) page 4 4l5-HC-69 approved 447-HC-70 approved 453-HC-70 approved 23-Z-69 public hearing Minutes of the Regular Meeting of the City Council February 2, 1970 CC-36 Reports of Commissions A. Planning Commission By unanimous consent of the Council, consideration of Application 33-TM-69 was continued to the Public Hearings portion of the agenda to be heard with its companion Application 23-Z-69. B. Architectural and Site Approval Committee Application 415-HC-69 was approved unanimously on the motion of Councilman Stokes and the second of Councilman Beaven. Application 447-HC-70 was approved unanimously on the motion of Councilman Beaven and the second of Councilman Stokes. Application 453-HC-70 was approved unanimously on the motion of Councilman Beaven and second of Councilman Fitzgerald. C. Parks and R &creation Commission There was no meeting of the Parks and REcreation Commission and, conse- quently, no minutes were submitted. Public Hearings A. Application 23-Z-69 and Application 33-TM-69 were presented and previously explained by Planning Director Sisko Mr. Sisk presented an additional Condition No. 21 and requested that it be applied to Applica- tion 33-TM-69. Mr. Pat O'Connell, representing Sterling Homes, Inc., the applicant, pre- sented a detailed explanation of the development project which, if approved, would provide for a single-family cluster residential development on approximately 13.4 acres located 500 feet north of the intersection at Stevens Creek Boulevard and Foothill Boulevard, approximately 200 feet west of Foothill Boulevard. He described the units as ranging from a 2 bedroom 1 bath to a 4 bedroom 2-1/2 bath upper limits 1600 sq. feet. He said these would cost somewhere between the middle $20,000 bracket to the lower $30,000 bracket. He then proceeded to describe the environment surrounding these units, including the patios, extensive lighting, placement of utility meters and the double garages and the recreational facilities which will be maintained by the Homeowners' Association. He did point out that Street A on the map which was the entrance and egress to Permanente Road was not a part of the developer's property and that it was in the County. He said there had been an agreement that the developer would improve this as private prop- erty but to City standards. He said there was a reluctance to dedicate in that it could possibly present a severance problem at a later time should a future City Council decide to annex and have developed the interior properties. He pointed out that the developer had obtained agreement with Pacific Gas and Electric Company for the developer to landscape a l7-foot strip next to the P. G.and E. Co. property to the north por- Minutes pf the Regular Meeting of the City Co~ncil February 2, 1970 \ I i I I I , ¡ tion of the development. He commented that the interior drive of the de~ velopment was to be a private road. H~ the,?, proceeded to explain some ¡ of the architectural appearances of the development and stated that the: motif would vary with each of the clusters. He also commented that the ì request for'a division of the land resulted from F.H.A. that title could¡' not close on a single parcel until eighty percent had been sold. I page ? cc-36 Public Hearings cont'd. Councilman Stokes was assured by Publié Works Direotor Yarborough that the curved street off Foothill Boulevard was a 60' street. In reply to Councilman Stokes' concern that if Street A was not improved it would leave only one access for a large sized development Mr. Yarborough said that he cOhld give assurance that P. G. & E. would grant the ease~ ment and also permission for the landscaping. Mr. Yarborough then suggested that a line be,entered on the Tentative Map to separate the two parcels so that' the transaction could be made legal. The applicùrt's civil tngineer then proceeded to draw á line onto the map. Councilman Stokes s"ggeste'd that a' condÙion be attached to the appli- cati'cm that Street';\ be' dedic¿,ted and fully improved and c01ll\Ilented" that streets are for the uge of more than one property and observed that·" this development is aÖj ",cent to> un,developed property. In reply to various q~e~i16n& it was determined that the parking ratio was 2.6 to l; that the average squârefpotageof the units would be from l,400 to l,500; that previous Condition l5 relating to Assessment District proceedings ha¿ been el¡,minated; that 'the frontage on Foothill Boulevard would be fully impr,,·ved and that the units were not pre- fabricated. ;;, It was moved by Councilman Stokes, seconded by Councilman Fitzgeráld.' 33-TM-69 and approved unanimously that the public hearing for Application 33-TM-69 approved be approved subj eat' to' Üìcse conditions imposed by the P ianning Commission with the added pro,'ision that the previous Condition l5 be eliminated and substituted with revised C0ndition 15; that Condition 2l as presented by Planning Director Sisk, b~,impose~ and that the Tentative Map be separated into Units land 2 wit'h Lthe" (¡uestion of Street A being resolved as being a public street before the start of development of Unit No. 1 By unanimous consent the Council agreed to permit the applicant to return before it should difficulties develop' on the bonding for Unit No. 2 or I that some circumstahce'"surroun'ding the dedication right-of-way and the improvements of Stre,"t A be encountered., I It wa'à moved by Councilman Fitzgerald, seconded by Councilman Stokes· that first reading Ordinance No. 453 be read by' title only and that the reading of the title Ord. No. 453 constitute a first reading' of "the ordinan¿e. I First reading of Ordinance No. 453: Amending Section 1 of 01'_0 I dinance No. 2 by Reclassifying a Certain Portion of the City page 6 Ord. No. 4 4 enacted Res. 1937 app,oved Minutes of the Regular Meeting of the City Council February 2, 1970 CC-36 Public Hearings cont'd. - Ord. 453 of Cupertino from High Density Multiple Residential (R3-2.2*) Zone to Single-Family Cluster Residential CRIC-2.9) Zone; Approximately 13.4 Acres Located 500 feet North of Intersec- tion at Stevens Creek Boulevard, Approximately 200 Feet West of Foothill Boulevarq. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Stokes, Mayor Dempster None Councilman Noel Ordinances l. Ordinance No. 453 First reading of Ordinance No. 453 was read under Public &earings. 2. Ordinance No. 454 On the motion of Councilman Stokes and the second of Councilman Fitzgerald Ordinance No. 454 was read by title only and enacted as an urgency ordinance. First reading of Ordinance No. 4~3: Ordering a Stop Sign To Be Placed At The Intersection of Hartman Drive And Ainsworth Drive and Declaring the Urgency Thereof. Ayes: Noes: Absent: Councilmen Beaven, Fitzgera~d, Stokes, Mayor Dempster None Councilman Noel Resolutions 1. Resolution No. 1937: approving payroll for period ending January 27, 1970. City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Mayor Dempster Noes: None Absent: Councilman Noel 2. Resolution No. 1938, approving miscellaneous and general ex- penditures. City Treasurer Fitzgerald presented the list of expenditures. Council- man Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Fitzgerald, Stokes, Mayor Dempster Noes: None Absent: Councilman Noel Minutes of the Regular Meeting of the City Council Februsry 2, 1970 page 7 CC-36 Resolutions cont'd. 3. No. 1939, approving annexation' designated "Maxine 69-12" Councilman Stokes moved, Councilman Beaven seconded and the resolution was adopted by the following vote: Ayes: Councilmen Beaven, Fitzgerald, Stokes, Mayor Dempster Noes: None Absent: Councilman Noel 4. No. 1940, approving annexation designated "Westelaken 69-15". Councilman Stokes moved for adoption. Councilman Beaven seconded. Ayes: Councilmen B~aven, Fitzgerald, Stokes, Mayor Dempster Noes: None Absent: ,Councilman NoeL 5. No. 1941, accepting quitclaim deed and authorization from Pecifi'o Shores Properties. Councilman Stokes moved for adoption. Councilman Beaven seconded. Ayes: Cour;co_lInen Beaven, Fitzgerald, Stokes, Mayor Dempster Noes ~N:n..e Absent: Councìl~an Noel 6. No. 19~2, accepting quitclaim deed and authorization from R. C¿li ê¡ Bt'os. Councilman StoKes moved for adoption. Cound[man Beaven seconded. Ayes : Councilmen Beaven, Fitzgerald, Stokes, Mayor Dempster Noes : None Absent: C0uncil~an Noel 7. No. 1943, acc~pti~g dedication of real property for roadway pu.rposes from Ltsuo Uenaka. Councilman Stokes moved for adoption. Councilman Beaven seconded. Ayes: Counci1n.eu Beaven, Fitzgerald, Stok.es, Mayor Dempster Noes: None Absent: Councilma.n Noel Mayor Dempst.er dec':'arcd a recess at 9:42 P.M. The meeti,ng was reconvened at (9:56 P.M. Unfinished Business A. Report on Statùs (If Library Plans The City, M,mager reported that he had no further word as to the status of the Library Plans, that they were :tn Sacramento awaiting review by the State and that he ,wc;>uld hope to hear from them shortly. page 8 Minutes of the Regular Meeting of the City Council February 2, 1970 CC-36 Unfinished Business cont'd. The Mayor then requested that the City Manager go to Sacramento and per- sonally investigate the situation to see if he could not expedite the approval of these plans by the State. B. Application 9-V-69 from Mission Furniture for a Variance from parking requirements. Application 9-V-69 previously had been continued to the next meeting. C. Resolution No. 1906 - Cooperative Equipment Rental Agreement Resolution No. 1906, the Cooperative Eq~ipment Rental Agreement, was ex- plained by Public Works Director Yarborough as having been agreed to QY the respective staffs of Cupertino and Sunnyvale but there had been some legal question raised as to responsibilities for hidden defects. He commented that if this became a legal question that it could very well negate successful conclusion of this agreement. Res. 1906 continued The Mayor then suggested that he continue negotiations and to leave this particular resolution on the agenda. D. Ordinance No. 452: Annexation designated "Alcalde 69-6". Ordinance No. 452 previously was enacted. New Business Mayor Dempster reminded the members of the Council that a meeting had been scheduled for members of the Councils and Planning Commissions of Los Altos, Los Altos Hills, Cupertino and County representatives for February 6, 1970 at Mac's Tea Room in Los Altos for the discussion of problems of mutual concern. Councilman Beaven requested permission to address the Council on what is deemed to be a suggestion regarding public relations for the City. He prefaced this with the sole reason for the existence of Municipal government as being service to its citizens with one of the prime responsibilities being that of disseminating public information and courteously handling citizen complaints. He said that he felt that the City newsletter was a step toward doing a better job but that it was unilateral in its approach. What was needed was a means of in- quiry and,when necessary, complaining to the City. He reviewed the present situation as he saw it as invariably leading to frustration on the part of any caller and suggested that the Counci¡ address themselves to the problem of improving public relations. He proposed instituting a Citizens Information and Service Bureau with the possibility that it could be staffed by volunteers using a com- plaint form. These people would judge whether or not the calls were bona fide complaints or not. He said this would provide quick action for citizen complaints serving as a clearing house for City information Minutes of the Regular Meeting of the City Council February 2, ig70 New Business cont'd. and providing an accurate record of citizen complaints tü aid in the pinpointing of problem areas. He said this would be the first such complaint system in the west valley if it was instituted. He also proposed that this could lead to the creation of the position of Direc- tor of Information which would be staffed by a person having the skill and knowledge of handling public relations in general. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and passed unanimously that this suggestion be transmitted to the staff for comment with the Mayor then referring it to the City Mana~er. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager City Manager Storm reported that the Council had requested a while back that hé investigate the possibilities of a curfew ordinance. He said that there was a lack of uniformity among the various cities and the County as to those now in effect and that the County was in the process of preparing a new one. He also had requested a model ordinance from the League of California Cities and said that he should have more in- formation on this at the next meeting. He recommended that the request by the Cupertino Nursery for a waiver of storm drainage fees be turned down but instead that only one-half of the total fee be paid at this time as this represents that portion of the property currently being developed. This was so moved by Council- man Stokes, seconded by Councilman Beaven and passed unanimously. Mr. Storm recommended that the request from the Vallco Village Merchant's Association for a flat fee of $200.00 for a petting zoo be approved, He said that thts was a repeat performance of the same type of activity that took place last year and he would recommend that it be approved again this year. It was so moved by Councilman Stokes, seconded by Councilman Beaven and passed unanimously. The City Manager then reviewed for the Council the actions taken to date relating to the introduction of Cable TV for Cupertino. He said that it was his belief the City should be setting some ground rules for that time when this m~ght become a reality. Accordingly, he requested per- mission to have dra.~ an ordinance ~hich would regulate and administer Cable TV within the City but pointed out that this was only to establish a procedure and had nothing to do with the awarding of any franchise. This was so moved by Councilman Stokes, Seconded by Councilman Beaven and passed unanimously. Mr. Storm then reminded the Council of the General Assembly meeting of the Association of Bay Area Governments to be held at 7:30 P.M. February page 9 CC-36 referral of public relations proposal to 'City Manager Cupertino Nursery storm drain fee petting zoo business license tax cable TV ordinance authorized page lO calls for bids Mary Avenu extension I improvements accepted I I I I retirement of bonds authorized I I improvements accep,ed I . I retlrementl of bonds ! authorized! Minutes of the City Council February 2, 1970 CC-36 City Manager's Report cont'd. 19, 1970 in Berkeley. C. City Attorney The City Attorney had no further report. D. Director of Public Works Director of Public Works Yarborough requested and received pe~issiøn from the Council to proceed with the advertising and call for bids for the Stage 1 construction of the Mary Avenue extension project. The motion to approve this was made by Councilman Fitzgerald, sE:conded by Councilman Beaven and was passed unanimously. It was moved by Councilman Stokes, second!!d by Councilman Fitzgerald and passed unanimously that the City accept the improvements and work performed by Lloyd J. Rodoni and Son on Linda Vista Drive under con- tract to the City and that a Notice of Completion be filed as of February 2, 1970. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald and passed unanimously that the staff be authorized to notify R. J. Zipse Paving Company and the bonding company that the bonds for the Assessment District Project De Anza 66-1 may now be retired. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald that the municipal improvements in conjunction with those projeçts listed under the Director of Public Works report to ,he City Council be accepted. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald and passed unanimously that the develpper and bonding company of those projects listed under Item II of the Director of Public Works report be notified that the bonds may now be retired. There were no further reports from the Director of Planning or the Chief Building Inspector. G. Director of Parks and Recreation Director of Parks and Recreation John Parham reported on the status of his survey of Sycdmore trees in the Westacres Subdivision and ad- vised the Council that a February l6, 1970 meeting at Faria School had been scheduled by the homeowners in that area. He said he would report to the Council what will take place at this meating. H. City Clerk-Finance Director City Clèrk-Finance Director Ryder reminded the Council of the schedul- ed adjourned meetings Ret for 7:30 P.M. and 8:00 P.M. February 9, 1970. He also advised the Council that as of that date there had been four Minutes of the City Council February 2, 1970 City Clerk-Finance Director's report cont'd. C-36 age 11 petitions for Council seats taken out being in the names of Alf H. Modine, Keith E. Irwin, Donald A. Frolich and Herbert R. Beaven. It was moved by Councilman Beaven, seconded by Councilman Stokes and passed unanimously that the meeting be adjourned to 7130 P.M. February 9, 1970 in the Library of the City Hall for the purpose of reviewing the written report of the Parks and Recreation Commission as to their master plan for the development of the Memorial Park. Mayor Dempster adjourned the meeting at lO:18 P.M. ~'-r ,-- .//u... ity Cle , ~// ~/ APPROVED:/? /. (7 ' ./ / ATTEST: