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CC 01-05-70 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 CC-32 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JANUARY 5, 1970 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 p.m. by Vice Mayor Stokes who led the salute to the flag. , call to order flag salute Councilmen present: Beaven, Fitzgerald, Noel, Stokes and Dempster (9:03 p.m.). Also present: City Clerk-Finance Director Ryder; Director of Public Works Yarborough; Planning Director Sisk; Assistant Planner Cowan; Chief Building Inspector Benevich; Parks and Recreation Director Parham. roll call Vice Mayor Stokes explained his presence in the chair as due to an un- avoidable delay by Mayor Dempster who would be in attendance later in th evening. The minutes of the adjourned regular meeting of the City Council of December 15, 1969 and the minutes of the regular meeting of the City Coun- cil of December 15, 1969 were unanimously approved on individual motions minutes by Councilman Beaven and the second of Councilman Noel. approved The City Clerk read a letter sent to the Mayor and Councilmen from the Mayor of Los Altos in which he expressed the concern of the City of Los Altos as to extensive commercial development in the area of Foothill Boulevard and the Junipero Serra Freeway. On the motion of Councilman Noel and the second of Councilman Fitzgerald it was unanimously recommend- ed that the City Clerk acknowledge receipt of this letter an~ inasmuch as no proposed development had yet been before the City for official action, the letter be referred to the Planning Commission for their information. Mrs. Juanita McLaren of 22101 Lindy Lane made an oral request to the Council that the street lights on Lindy Lane in the area of the Candy Rock Subdivision be energized. She cited problems that had been encoun- tered with the lack of adequate lighting, seemingly, being an invitation to vandalism. The Director of Public Works related the City Manager's policy that street lights are energized after the occupancy of the houses in that particular subdivision. In reply to Councilman Noel's question he said that only four or five street lights would be involved in this request and that there were houses in that vicinity that could benefit from such lighting. It was moved by Councilman Beaven, seconded by Councilman Fitzgerald and unanimously approved that the staff be directed to have these street lights energized as quickly as possible. Report of Commissions A. Planning Commission planning In the matter of Application 24-TM-69,Planning Commission Chairman Hirshon ~ page 2 24-TM-69 approved 31-TM-69, 24-U-69 presented by Planning Director discussion Minutes of the City Council meeting January 5, 1970 CC-32 said he had no further information than that contained in the minutes. Planning Director Sisk presented a history of the application and re- lated the effect on it of Flood Control requirements for dedication which had reduced the number of dwelling units from 136 to 130. He said that the development plan had been approved in concept by the Planning Commission. It was moved by Councilman Fitzgerald, seconded by Councilman Noel and unanimously passed to approve Application 24-TM-69 as recommended by the Planning Commission. Planning Director Sisk presented Applications 31-TM-69 and 24-U-69. He explained that the area involved was a planned development zone which requires a use permit with the zoning, making 181 units possible. He said there was a difference between the development plan as recom- mended by the Planning Commission and the one originally proposed by the applicant, the difference being two dwelling units. The one recom- mended by the Planning Commission was for 136 single-family condominium units plus one community unit consisting of streets, open spaces and community structures. He explained that the streets would be provided by a homeowners' association and would be built to City standards. At this point members of the Council questioned the staff as to whether or not the àlignment of Rodrigues Avenue as shown on the proposal did in fact conform to that alignment previously established by the Council. Mr. Sisk replied that full dedications to the western property line were being required but improvements would be short of that property line with full bonding being substituted until such time as the street would be ex- tended. Vice Mayor Stokes said his real concern was with getting all of Rodrigues Avenue fully improved at this time because failure to do so presented the possibility that public funds would have to be spent sometime in the future to complete what should be done now. Director of Public Works Yarborough said he was suggesting that a future dedication of 20' be required from those property owners on the south edge of the extension of Rodrigues Avenue with the improvements to be installed at the time the property underwent further development. He said the pre- sent proposal provided for a 40' street on the subject property under dis- cussion which would be adequate to provide for two-way traffic at the pre- sent time. Councilman Noel expressed his concern that the situation was developing into one similar to that now being faced on the eastern side of South Blaney Avenue. Vice Mayor Stokes requested the Director of Public Works to get the map on which the earlier street alignment had been outH.ned and then read his motion from the earlier minutes, pointing out that the re- quirement was for a fully developed 60' street at the southern edge of the subject property. He said the present proposal was not for a 60' fully de- veloped street. At this point there was an indication that members of the audience wished Minutes of the City Council meeting January 5, 1970. Planning Commission cont'd. to be heard and Vice Mayor Stokes afforded a spokesman the opportunity address the Council but cautioned that this was not a public hearing. Raymond A. Green of 10109 Mello Place and Mr. Earl Fain of 10108 Mello Place relayed their concern to the Council that the proposed development would generate undue traffic problems in the area. They introduced traf- fic counts and other statistical data gathered by other residents in the area as to the traffic flow and parking availability and recommended that the proposal be resubmitted to the Planning Commission for reconsideration. In response to certain statements which had been made by the spokesmen prl- viously referred to, Vice Mayor Stokes said that Blaney Avenue could not be considered a typical City street but that it was a major thoroughfare. He said that previously adopted street patterns of this area were changed only after a thorough discussion held at a public meeting and that the Council's decision had been based on technical traffic reports submitted to them by the City staff. He stressed that the improvement of Blaney Avenue had been a major concern of the Council for some time and that the City's staff had made concerted efforts to obtain the necessary dedica- tions. He said that with these dedications the City would be paying for the improvements but without the one hundred percent cooperation of the property owners involved it was not practical to improve only certain segments of the street, leaving the other portions in the same condition as they w~re at the present time. Councilman Noel expressed his sympathy with the complaints that had been presented and stated that the City was getting no cooperation from a few people, making the present situation a difficult one to overcome. He said that he was of the opinion that the City had no alternative except the condemnation of that property eastern side of South Blaney where dedications would not be obtainable. Councilman Fitzgerald agreed with Councilman Noel's statements and ex- pressed his hope that the City would be able to solve these particular problems of Blaney Avenue in the near future. Planning Commission Chairman Hirshon stated that the Planning Commission had approved these applications but not without considerable concern on problems with traffic and parking. The concern was to such an extent that the Commission had passed a special resolution advising the Coun- cil of this feeling. After further discussion among the members of the Council and the staff as to the mechanics in condemnation and the supposed reasons why dedi- cations were not being obtained it was moved by Councilman Noel, second- ed by Councilman Beaven and passed unanimously that Applications 3l-TM-69 and 24-u-69 not be denied but returned to the Planning Commission for further review and such further hearings as they may deem desirable on the items discussed at this Council meeting. On a motion by Councilman Noel and a second by Councilman Fitzgerald, which motion· was passed unanimously, the City staff was directed to submit a report on how best to proceed with the development of the east- ern side of South Blaney Avenue, reiterating the efforts made to date, and which report is to include comments by the City Attorny as to the page 3 CC-32 to Mr. audience comments Council comments 31-TM-69, 24-U-69 returned to planning commission page 4 Res. 1921 adopted Res. 1922 adopted Res. 1923 adopted Res. 1924 adopted Res. 1925 adopted Minutes of the City Council meeting January 5, 1970 CC-32 Planning Commission cont'd. legal aspects of the recommendations made. It was the concensus of the Council that efforts be made to contact the property owners to determine their feelings at this time and again to request their cooperation. B. Architectural and Site Approval Committee There was no meeting and no applications to be considered. C. Parks and Recreation Commission There had been no meeting, there were no minutes. Ordinances There were no ordinances. Resolutions 1. No. 1921: approving payroll for period ending December 16, 1969. Councilman Noel moved for adoption of this resolution, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes Noes: None Absent: Councilman Dempster 2. No. 1922: accepting grant deed from Arch MacDonald and Steve Dorsa. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 3. No. 1923: approving payroll for period ending December 30, 1969. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes Noes: None Absent: Councilman Dempster. 4. No. 1924: approving miscellaneous and general expenditures. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes Noes: None Absent: Councilman Dempster 5. No. 1925: approving final plan for the improvement of frontage at the northwest corner of Saratoga-Sunnyvale Road and McClellan Road; authorizing the City Engineer to sign the final plan; and authorizing the execution of the Agreement in connection therewith. Minutes of the City Council meeting January 5, 1970 Resolution No. 1925 cont'd: Councilman Noel moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Unfinished Business City Clerk Ryder informed the Council that the City Manager had inquir- ed of the legal counsel of the League of California Cities as to wheth- er or not a subsequent property owner could object and nullify the signatures for a petition for annexation as presented by the previous property owner once the annexation had been heard and approved by the Local Agency Formation Commission. The advice given by the legal coun- sel had been that such an action was not valid and that the annexation proceedings could proceed as if the new property owner had not made the objection. Based on the information thus given it was moved by Councilman Fitzgerald, seconded by Councilman Noel and passed unanimously that Ordinance No. 452,having been read by title only be as having been read in full, be passed on first reading. Staff Report on the Proposed Bond Issue: City Clerk Ryder reviewed those actions taken by the Council and the staff which had led to the current request for an in-depth study on the feasi- bility and scope of a proposed bond issue to accomplish several of the previously discussed capital improvements. He then summarized the re- commendations and estimated costs which had been submitted in writing to the Council which summary contained the following points: 1. Requests as submitted by the staff Park acquisition and development Street construction and improvements Traffic signals Public Safety Building $2,350,000 3,756,000 448,000 500,000 ~4,000 2. The Capital Improvements Budget as submitted by the City Manager contained as possible bond issue financing $1,000,000 for the development of Memorial Park and $500,000 for a police facility. 3. The present bonding capacity of the City is, in round figures, 7,500,000 less an outstanding encumbrance of $1,605,000 for an available net of $5,895,000. 4. Probable financing costs for a bond issue of this size could run from $300,000 to $500,000 per year for 25 years, depending on amount and interest rates. 5. Accurate forecasting of future revenues, expenditures and available surpluses is not possible at this time. page 5 CC-32 Res. 1925 adopted report by City Clerk page 6 Minutes of the City Council meeting January 5, 1970 CC-32 Unfinished Business cont'd. 6. Only one more regularly scheduled meeting of the Council is available prior to having to declare the content of the April, 1970, ballot. A successful sale of bonds, once ap- proved, is contingent on an attorney's opinion and no bond attorney has been retained. 7. The City Manager is not in agreement with the recommenda- tions as submitted by the staff. 8. Assuming the role of a Finance Director, Mr. Ryder commented as to the following items: a) This was an inopportune time to sell bonds although they could be authorized and the sale consumated at a later date. b) The national economy is now in a great state of flux. c) More accurate projections of the City's future fiscal status are required. d) There is a lack of appraisals on the proposed park acquisi- tions and no supporting details on the proposed police facility. 9. As the City Clerk, Mr. Ryder offered his personal feelings that there was insufficient time remaining to do justice to this pro- posal and assure full legal compliance with all aspects of the election. council comments Councilman Stokes said that it was obvious the proposals as submitted were unacceptable as they exceeded the bonding capacity and that the situation had been complicated due to the illness and absence of the City Manager. He stated his opinion that it was preferable to go to the public with an adequately and finely prepared package rather than proceed haphazardly at this time in the hope of being able to get something. He suggested a target date of the June primary election as when the question should be put to a vote. study session scheduled Various staff members spoke on the need for Council direction and guidance and stressed the importance of one or more study sessions in the immediate future. It was the concensus of the Council to hold such a session at 8:00 P.M. January 12, 1970 in the Library of the City Hall. Mayor Dempster acknowledged the request of two persons in the audience who had wanted to speak on this matter but inasmuch as no action was being taken at that time he requested that they appear at the scheduled study session. New Business City Clerk Ryder read a letter addressed to the City which had been sub- mitted by Mr. Walter E. Seebach of Ruth and Going requesting that the Minutes of the City Council meeting January 5, 1970 page 7 CC-32 New Business cont'd. Council reconsider Condition 15 of Application l7-TM-69. Mr. Ryder ex- plained to the Council that this question was placed on the agenda and the applicant notified that whether or not it would be considered would be a matter for Council discretion. It was unanimously passed by the Council that this question be heard at this time. Mr. John Eaton of Skaggs Pay Less Drugs explained that Condition 15 re- quired the dedication and improvement of property which was not includ- ed in the subdivision. Mr. Vanderlaan of P-W Super Markets, a co-tenant of the property with Skaggs Pay Less, reviewed the ownerships of the sub ject properties and the probable reason for this condition having been imposed. Director of Public Works Yarborough explained that the improve- ments requested were only for the sidewalk around the gas station so as to provide continuity around this project and to take care of the pedes- trian traffic which, undoubtedly, would be generated by this development. He further stated that it was his understanding dedications of the pro- perty for these improvements would not be a problem. It was moved by Councilman Stokes, seconded by Councilman Beaven to affirm all conditions as previously imposed. The motion carried with Councilmen Fitzgerald and Noel voting no. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald and passed unanimously that a building permit be issued for the construction of the Skaggs Pay Less Drug - P-W Super Market project but that no oc- cupancy permit be issued until the problem of dedication and improvement (Condition 15 of l7-TM-69) is resolved. Mayor Dempster then advised the principals that the Director of Public Works would be willing to provide technical assistance in resolving this issue if it was so desired. Report of Officers A. City Treasurer treasurer There was no further report from the City Treasurer. B. City Manager city manager City Clerk-Finance Director Ryder presented the report for the City Manager in the absence of Mr. Storm. He reported that four residents recently had submitted a petition to have diseased sycamore trees in the Westacres Subdivision removed at City ex- pense. He reminded the Council that they had made a policy not too long ago that the City would repair sidewalk damage caused by roots and, in- asmuch as this is an allied problem, he had brought the question before the CounciL After having reviewed the history of these problem trees and actions taken by other Councils the City staff, through the City Manager's office, was requested to inform the property owners of the following policy: ------'~~~-----_...._-_._---- page 8 city attorney C. public works D. Minutes of the City Council meeting of January 5, 1970 CC-32 Report of Officers cont'd. The City would be willing to remove the sycamore trees and to replace them by replanting with an accepted variety which work would be done at City expense providing this was to be done at this time. Should a property owner decline the offer it would be with the understanding that the said property owner would become responsible for repairing any sidewalk damage, assume the responsibility for maintaining and spraying the tree ani be responsible for removing and replanting the tree when it eventually ,e- came necessary. The Director of Parks and Recreation was instructed to conduct this canvass of the property owners and to prepare and submit a written report on his findings as to the probable scope of work and es- timated costs. Mr. Ryder then reported on information he had obtained from the County Librarian as to the current status of the library plans. Councilman Stokes remarked that he had that evening spoken with Architect Blessing who reported to him some conflicting information that he had received from Mr. Farrier. The Mayor then requested that the City Clerk get in touch with both the Architect and the County Librarian to determine which report was correct and to try and determine when the plans would be ready for advertising for bids. Mr. Ryder reported to the Council that the Board of Supervisors had at their scheduled meeting of December 23 an item to review the situation as it per- tained to ambulance service within the area of Cupertino. The discussion of this had been postponed to February 3, 1970. Some comments were made as to the views of the City Council but these views were retracted as the question was not to have been discussed until the regularly scheduled meeting of the City Council on January 19, 1970. City Attorney In the absence of the City Attorne~ City Clerk Ryder presented the report that the appeal of the California Landscape Association vs. the City of Cupertino is waiting for a hearing date to be set. An inquiry was made of the District Court of Appeals as to when this might possibly be and it was stated, not before March or April. It was also reported that in the matter of the annexation hearing before the Attorney General as filed by Mr. Skinner and Mr. Suter, they had re- quested another thirty days in which to file their brief. Should this request be granted it would then take the matter to February 9, 1970. There has been no word received as to whether or not this request will be granted. Director of Public Works Director of Public Works Yarborough reported on the negotiations that had been made and the results of those negotiations with Los Altos Hills on a mutually acceptable common boundary. By means of a map he pointed out the suggestion that had been made by the City of Cupertino which sugges- tion had been rejected by the City of Los Altos Hills, the counter pro- posal as submitted by that City and a probable compromise should the Minutes of the City Council meeting of January 5, 1970 page 9 CC-32 Report of Officers cont'd. (Public Works) Council so approve. Councilman Stokes stated that the boundary as proposed by Los Altos Hills is completely unacceptable to the City of Cupertino, primarily because it bisects the Permanente property. He stated that this City's environment is much more affected by any development of that property than is Los Altos Hills. He said this Council has demonstrated its concern on foot- hill development by the denial of several applications of extensive magni- tude solely on the basis that Cupertino was not yet ready to commit these foothills. He also pointed out that a great deal of money had been ex- pended for aerial photographs and maps as a prelude to development of a master plan for the area. He commented that Cupertino is cognizant that Los Altos Hills has visual access to these hills but their concern is not greater than that of Cupertino. He offered that Cupertino has agreed to and does submit all proposed development plans to other cities having a common boundary when these development plans would have a direct effect on an adjoining city. It was moved by Councilman Stokes and seconded by Councilman Fitzgerald that the City Council go on record as being in favor of the proposed compromise as offered by the Director of Public Works which would place the mutual boundary line along the township line at the westerly edge of the Permanent property. The motion was passed unanimously. anning E. Director of Planning There was no further report from the Director of Planning building F. Chief Building Inspector Chief Building Inspector Benevich reported on his inspection of the masonry wall being proposed as a buffer between a li~i~.hy'drosen tank and a parking lot in Vallco Park under ApplVtá·~~HC~67. He said his investigation of this was that it was a safe installation and it would be in order for the Council to affirm their previous approval of this application. This was so moved by Councilman Stokes, seconded by Councilman Fitzgerald and passed unanimously. parks G. Director of Parks and Recreation There was no report from the Director of Parks and Recreation. clerk- finance H. City Clerk-Finance Director City Clerk-Finance Director Ryder advised the Council that the City of Cupertino, with the cooperation of Carlisle Co., was hosting an Election Laws Seminar for approximately one hundred thirty City Clerks and City Attorneys in the central California area. This seminar would be an all- day affair on January 8 and will be held at the Red Coach Coffee Shop in Vallco Village. He also reported that the Business License renewals had been mailed. Of page 10 adjournment Minutes of the City Council meeting January 5, 1970 CC-32 Report of Officers cont'd, (City Clerk-Finance Director) the 1,270 being mailed, 375 had Cupertino addresses. The Council was requested to grant approval to draw Warrant No. 5326 payable to the Flood Control District for purchased water in the amount of $4,035.20 and Warrant No. 5328 payable to the Cupertino Nursery in the amount of $l,l83.83. These requests for payment had been received too late to place on the General Warrant Resolution and, in the first instance, payment was necessary to avoid penalties. In the second in- stance payment will allow taking advantage of a $394.61 discount. It was moved by Councilman Stokes, seconded by Councilman Noel that au- thorization be granted for the drawing of these warrants. Motion passed unanimously. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously to adjourn to 8:00 P.M. Monday, January 12, 1970 to a meeting to be held in ,the Library of the City Hall the main purpose of which would be to hold a study session on the proposed bond issue projects. According- ly, the Mayor declared the meeting adjourned at 10:20 P.M. ATTEST: