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CC 12-09-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 MINUTES OF THE REGUlAR MEETING OF THE CITY COUNCIL HELD IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, ON DECEMBER 9, 1969 The meeting was called to order at 8:00 p.m. by Mayor Dempster, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Fitzgerald, Noel, Stokes, Dempster. Also present: City Clerk-Finance Director Ryder; Director of Public Works Yarborough; Planning Director Sisk; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Absent: City Manager Storm and City Attorney Anderson. Councilman Beaven asked that the minutes of November 17, 1969 be corrected as follows: on page 3 of those minutes the last paragraph to start "Councilman Beaven" instead of "Councilman Stokes", Councilman Stokes moved for approval of the minutes as corrected, Councilman Noel seconded and it was passed unanimously. City Clerk Ryder advised the Council of receipt of the following written communications: 1. Copy of Resolution No. 514 as passed by the City of Saratoga in connection with the sale of bay tidelands; Letter from a realtor whose application would be heard at a later agenda listing; Two separate protests against Annexation designated as "Alcalde 69-6" which would also be heard at a later time. The Council agreed to review the communications so indicated in con- junction with the agenda listing. The correspondence was unanimously requested filed upon the motion by Councilman Stokes and the second by Councilman Noel. 2. 3. The following requests for oral communications had been received by the City Clerk: 1. Mr. Joe Wucher, property manager of Vallco Village, asked that the City Council give approval to application 23-U-69, passed upon unanimously by the Planning Commission, stating that the tenant was desirous of opening a pet shop before Christmas, which he could not do if he would need to wait for the next Council meeting. Staff reported no objections. Councilman Stokes moved for approval of Application 23-U-69 subject to the conditions as imposed upon the Application by the Planning Commission. Councilman Noel seconded and it was passed unanimously. Mayor Dempster recognized and welcomed representatives of the Junior High YMCA who had visited City Hall and the Council meeting, escorted by Planning Commission Frolich. CC-29 call to order flag salute roll call minutes approved written communications 23-U-69 approved page 2 transcript requested 22-U-69 4-Z-69 approved Minutes of the City Council December 9, 1969 CC-29 Oral Communications cont'd 2. Mr. William Antenoli of 1134 El Camino Real, representing Santa Clara County Ambulance Service, addressed himself to some recent action taken by the City Council, formally and informally, regarding ambulance services. At the conclusion of his remarks to th~ City Council it was the consensus of the Council members that a verbatim transcript be prepared and made available prior to an adjourned meeting to be held at 7:00 p.m., December 15, 1969 in the Library of the City Hall. The purpose of the meeting is to permit the Council to have an opportunity to ascertain certain facts relative to apparently conflicting statements which had been made on the ambulance situation in Cupertino. The verbatim transcript mentioned in the previous paragraph is attached hereto as Exhibit A and is made a part of these minutes. 3. Mr. Allen Chadrutf, representing Mr. William Nelson, presented a request for an abandonement of an easement and read the letter which had been submitted to the Council for consideration. Director of Public WorkS Yarborough explained that, in order to vacate the easement, a public hearing and a resol~~ion by the City would be necessary and that it would require a $75.00 fee, all conditions of which the proponents are aware and agree to. City Clerk Ryder explained that the letter had been handed to him shortly prior to this meeting but had not been read since it was an administrative matter in thpt it required public notice. He concurred, however, with Mr. Yarborough, that there were no problems. The applicant pointed out that any type of delay would cause a hardship for the applicant as he had recently undergone surgery and needed the swimming pool for therapeutic purposes. Councilman Stokes felt that the matter should not be decided upon without the legal guidance of the City Attorney and that, if a building permit were issued without legal counsel, a protest may be fiéd at a later date holding the City responsible for the installation. Director of Public Works Yarborough commented that there would be a method of granting the request in that the applicant would provide a cash bond and would be issued an encroachment permit with the bond to be called if the improvements are not installed on the public easement. After some discussion, the applicant agreed to having the matter heard in public hearing on January 5, 1969. Report of Commissions A. Planning Commission Applications 22-U-69 and 4-z-69 were briefly discussed and unanimously approved upon the individual motions/seconds by Councilmen Stokes and Fitzgerald and Councilmen Stokes and Noel, respectively. Minutes of the City Council December 9, 1969 CC-29 page 3 Planning Commission cont'd Application 9-v-69 was presented by Planning Director Sisk and explained by Mr. Leo Ruth, Civil Engineer, who repeated some of the statements ma~e to the Planning Commission and reiterated his request for authorizatiOn\ to reduce the number of parking spaces required by the Ordinance and construction of a warehouse/storage facility upon the existing parking spaces. Mr. Ruth insisted that, during the past five years, the parking spaces to the rear seldom had been used and that the facilities in front of the store were sufficient to accommodate even a 100% increase in customer traffic. Planning Commission Chairman Hirshon reported on the reasons why the Planning Commission had debied the application and agreed that a different future use of the construction had been a major consideration as well as the fact that no actual hardship had been evidenced. Councilman Noel expressed his concern about a possible different future use and asked if the applicant would consider a lesser square footage for the addition. The applicant replied that, to be economically feasible, only the proposed square footage had been planned. Mayor Dempster commented that the storage area did not concern him too much as long as the applicant would agree to a deed restriction by which the construction shall be I solely used for a furniture operation and that, should a different business be proposed at some later time, the new tenant would need to come before the Council to have the restriction lifted. I Councilman Stokes said that he did not find the reference to a warehousing facility disturbing and agreed with Mayor Dempster that such warehousing can be found in anyone supermarket and also that he had never seen too many cars parked in front of the store nor had he been aware that a real parking facility existed. He concurred with Mayor Dempster's remarks that the matter should be investigated further and, while the staff researches the matter, the applicant might wish to propose a reduction of the floor area as the request for the variance was for a considerable reduction in the number of spaces. Councilman Fitzgerald said that he had never seen the rear parking spaces used but that the matter should be postponed until such time as the City Attorney can render a legal opinion. Councilman Beaven commented that he would be willing to consider a reduction to 100 proposed spaces, but asked that the staff research the requirement for this particular use as the large number of parking spaces required seemed slightly out of balance to the other uses. Councilman Stokes moved to continue the matter to the January 19, 1969 meeting in concurrence with the applicant's request and for the applicant and the Planning Director to confer as to possible alternatives. matter Councilman Noel seconded and it was passed unanimously. continued Application 27-TM-69 was briefly discussed and unanimously approved 27-TM-69 upon the motion by Councilman Stokes and the second by Councilman Noel. page 4 recess 309-HC-67 approved 3l5-HC-67 approved 373-HC-68 approved approval of 408-HC-69 446-HC-69 approved Alcalde 69-6 1. legend audience comments Minutes of the City Council December 9, 1969 CC-29 Mayor Dempster called a recess at 9:20 p.m. The meeting reconvened at 9:35 p.m. B. Architecture and Site Approval Committee Councilmen Stokes and Beaven moved and seconded for approval of Application 309-HC-67. Councilmen Stokes and Noel moved and seconded for approval of Application 3l5-HC-67. Councilman Beaven moved for approval of Application 373-HC-68 including the landscaping which had not been listed on the agenda legend. Councilman Noel seconded. Councilmen Stokes and Noel moved and seconded for approval of Application 408-HC-69. Councilmen Fitzgerald and Stokes moved and seconded for approval of Application 446-HC-69. All above motions were passed unanimously. C. Parks and Recreation There had been no meeting, there were no minutes. Public Hearings Annexation designated "Alcalde 69-6". Approximately l.lO acres located on the south side of Alcalde Road and between Cordova Road and Merriman Road City Clerk Ryder read the protests received; one under date of November 25, 1969 signed by Kenneth Ray and Dorothy Mae Ray and the other under date of November 22, 1969 signed by Elvira L. Murdock. Director of Public Works Yarborough explained the proposed annexation of the lands of Murdock, Smith and Valley Investment Corporation by the use of a plot map and told the Council that signatures in'excess of 50% of the owners of record were obtained at the time of the annexation filing, giving the City the right to annex. When Mayor Dempster called for audience comments, Mr. Leo Skinner stated that he represented both Messrs. Murdock and Ray and that he was of the opinion that Mr. Ray, who now owns the property and has title to same, has a right to vote in the matter. Mr. Murdock said that he had owned his piece of property for some time and that he desired to continue to live in the Country and that he would oppose anything that would change the neighborhood. Mr. Bob Hunter of Santa Lucia Road stated that he lived in the area which was proposed to be isolated and that, according to his research, the owner of record has the right to protest and that he would take exception to the statement that this cannot be withdrawn. Minutes of the City Council December 9, 1969 Public Hearings cont'd Mr. Bruce Wenneger, a Monta Vista resident, asked questions relative to a necessary advise given LAFCO and was told by staff that LAFCO had been so informed and had approved the application. Mr. Wenneger pointed out that the two protests on file totalled approximately 55~ of the territory proposed for annexation and that, thus, the City Council should abandon all further discussions. Mr. George Dias of Merriman Road said that no one had been asked if he wanted to be annexed and that he residents had been told that they would be. He, for one, did not wish to be annexed and found the methods employed to be gangster-fashion of divide and conquer. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to close the public hearing. Because the City Attorney was not present at the meeting, Councilman Stokes moved for continuation of the matter to the January 5, 1970 meeting. Councilman Noel seconded and it was passed unanimously. 2. Appeal of Business License Tax paid under protest City Clerk Ryder explained that realtors offering properties within the City of Cupertino are required to obtain a business license. One such person had protested although the tax had been paid pending this appeal. Mr. Lou Williams, Realtor with offices at 197 South Murphy in Sunnyvale, stated that he had paid the fee, that he had not and did not actively solicit listings in Cupertino and that he could find no justification to be charged with a fee simply because he had a sign on a piece of property which he did not own. Mr. Williams Felt that the Ordinance as relating to him was unfair and that he would ask for the return of his money not because of the amount spent but because other realtors might become involved in the same problem. Mr. Williams suggested that since his appeal might necessitate opinions by the City Attorney the matter be delayed until his return. CC-29 page 5 p. h. closed matter cont inued a eal Councilman Stokes moved for postponement of the matter to the January continuation 19, 1970 meeting. Councilman Noel seconded and it was passed unanimously Ordinances 1. Reading of Urgency Ordinance No. 434(a) amending condition No. 13 of W,xhibit B of Ordinance No. 434 by deleting the requirement for development plan approval at the same time as a Tentative Map is considered. City Clerk Ryder read the Ordinance in its entirety. Councilman Fitz- gerald moved for enactment, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Ord. 434 a legend enacted page 6 Ord. 452 Ord. 450 legend second reading enactment Res. 1912 adopted Res. 1913 adopted Res, 1914 adopted Res. 1915 adopted Minutes of the City Council December 9, 1969 CC-29 Ordinances cont'd 2. Ordinance 452 had previously been postponed to the January 5, 1970 meeting. 3. Second reading of Ordinance No. 450: preznning a certain portion of the County from County R3-2.4 Zone and CN Zone to City R3-2.2* da (High Density Multiple Residential) Zone and CG (General Commercial) Zone when annexed to the City, approximately l5.9 acres located west of Foothill Boulevard, north of Stevens Creek Boulevard. Councilman Stokes moved that the Ordinance be read by title only and that the Mayor's reading of s~mp ~~nstitutes a second reading. Councilman Noel seconded and it was passeë 4 - 0 with Councilman Dempster abstaining. Councilman Stokes moved for enactment, Councilman Noel sp.~nn~ed. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Noes: None Absent: None Abstain: Councilman Dempster Resolutions 1. No. 1912: approving payroll for period ending November 18, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Noel seconded, Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1913: approving miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noe~, Stokes, Dempster Noes: None Absent: None 3. No. 1914: approving annexation designated "North Foothill 69-8", containing approximately l7.29 acres located westerly of Foothill Boulevard, approximately 400 feet north of Stevens Creek Boulevard. Director of Public Works Yarborough presented the resolution. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 4. No. 1915: approving detachment of certain uninhibited territory from the City of Cupertino entitled "Bernardo 69-14" containing approcimately 23.167 acres Councilman Noel moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Minutes of the City Council December 9, 1969 Resolutions cont'd 5. No. 1916: approving payroll for period ending December 2, 1969 Treasurer Fitzgerald presented the payroll. Councilman Stokes for adoption, Councilman Noel seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None City moved Ayes: Noes: Absent: V~:inished Business A. Resolution No. 1906 CC-29 page 7 Fes. 1916 ---- adopted Res. 1906 Mayor Dempster indicated that the City Manager had reouested continuance of this matter to the January 19, 1970 meeting. Councilman Beaven so moved, Councilman Noel seconded and it was passed continued unanimously. B. Report by special committee assigned to review Application 445-HC-69 There were no additional ouestions. Mayor Dempster commented that the City Council would accept the considerations as submitted by the three- member committee. There was no new business. Report of Officers A. City Treasurer There was no additional report. B. City Manager In the absence of City Manager Storm, City Clerk Fyder asked for per- mission to employ a Draftsman I as had been recommended by the City Manager to alleviate the heavy workload in the Public Works Department. treasurer manager Councilman Stokes moved for minute order approval, Councilman Fitzgerald employment secQnded and it was passed unanimously. authorized Mr. Ryder reported on the City Manager's recommendation to increase the mileage allowance from $.09 to $.10 and the individuals currently receiving a S60 monthly allowance an increase to $75 per month. Councilman Stokes moved for minute order approval, Councilman Noel seconded and it was passed unanimously. C. City Attorney There was no report. mileage allowance increased attorney page 8 Minutes of the City Council December 9, 1969 CC-29 Report of Officers continued public works D. Director of Public Works Mr. Yarborough presented and discussed each item on the previously submitted departmental report and asked for individual approval of the following: 1. to continue negotiations with the FUC and the Southern Pacific in connection with the Bubb Road railroad crossing application. Councilmen Beaven and Stokes so moved and seconded. 2. waive liquidated damages because of tan1 usage prior to expiration date and authorization for staff to file notice of completion as of December 9, 1969 Councilmen Stokes and Fitzgerald so moved and seconded. 3. that the County Board of Supervisors and its representatives shall administer, coordinate and review the Traffic Operational Program Councilmen Stokes and Fitzgerald so moved and seconded 4. acceptance of the traffic signals at the intersection or Portal Avenue and Stevens Creek Boulevard and authorize release of the bond in accordapce with the Public Works Director's recommendation. Councilmen Stokes and Noel sc moved and seconded. 5. authorization to notify contractor and his bonding company that the bond for the Portal Avenue Improvements at Portal Park may now be retired. Councilmen Stokes and Noel so moved and seconded. 6. authorization to hav~ staff notify the contractor and his bonding company that the bond on the Stevens Creek Boulevard median may be retired Councilmen Stokes and Noel so moved and seconded. 7. staff authorization to notify the developer and bonding company of Angel Diaz; Foothill Convalescent Center; Tract No. 4267 Stelling Park Unit 2; Tract No. 4274, Baywood Terrace Unit 6; and Van Vleck Realty dev~lopments; that the bonds may now be retired. Councilmen Noel and Fitzgerald so moved and seconded. 8. acceptance of improvements constructed in conjunction with Union Oil Station and Tract No. 4043 (Woolworth) projects Councilmen Stokes and Noel so moved and seconded. All above motions were passed unanimously. Mr. Yarborough also presented an informational report on a Highway Commission proposal by which major traffic generators, such as Vallco Park and its developments, contribute to the cost of signalization. According to Mr. Yarborough, initial interest was indicated and a supplementary report will be submitted at a later date. planning There was no further report from the Planning Department. Minutes of the City Council December 9, 1969 CC-29 page 9 Reporr of Officers conr'd F. Chief Building Inspector building Mr. Benevich submitred the Council-requested report on electrolysis and was directed to make a copy of this report available to the gentleman who had originally called rhe Council's attention to the matter. G. Director of Parks and Recreation parks Mr. Parham requested authorization to expend $50.00 for used truck racks. It was a consensus of the Council that other bids should be obtained prior to the purchase of this equipment. H. City Clerk - Finance Director clerk Finance Director Ryder asked for authorization to have the Treasurer and the Finance Director sign the warrant for payment to the City's Fiscal Agent as and when the bill for bond interest and redemption is received. The receipt of these bills and the need for immediate payment will fall between Council meetings. Councilman Stokes moved for authorization, Councilman Noel seconded and it was passed unanimously. warrant authorized The meeting was adjourned at 10:48 p.m. to Monday, December 15, 1969 at 7 p.m. in the Conference Room of the City Hall upon the motion by Councilman Stokes and the second by Councilman Fitzgerald. adjournment '-..- APPROVED: ATTEST: