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CC 11-03-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD NOVEMBER 3, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA 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, Stokes, Dempster. Absent: Councilman NoeL Also present: City Attorney Anderson; City Manager Storm; 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. Councilman Beaven asked that the mi"utes of the regular meeting of October 20, 1969 be corrected as foliuws: on page 3 of those minutes in the second to last paragraph under 2) the number of service stations to which he referred be reduced by one each, totalling three instead of four. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve the minutes of October 20, 1969 as corrected. Councilman Stokes moved for approval of the minutes of the adjourned regular meeting held October 27, 1969. Councilman Fitzgerald seconded and it was passed unanimously. There were no written communications nor were there any oral comments. Chief Building Inspector Benevich reported that the Stanford Research personnel were not in attendance and requested a two-week continuance for their report on the effects of electrolysis on water services. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to continue the matter for two weeks with the directive that the individuals be notified of this continuance. Report of Commissions A. Planning Commission Applications 21-U-69 and 25-TM-69 were briefly discussed and unani- mously approved upon the individual motions by Counci1Jnen Beaven and Stokes and Councilmen Stokes and Fitzgerald, respectively. Pl~ Director Sisk explained Application 26-TM-69 defining that the Planning Commission's decision for approval of the application had been based upon the previous tentative map for dividing 4.8 acres into four separate parcels and that all normal subdivision requirements had been placed against the application. cC-26 call to order flag salute roll call correction minutes approved approval of minutes report continued planning 21-U-6* 25-TM- 9 approved 26-TM-69 explained page 2 Minutes of the City Council November 3, 1969 Application 26-TM-69 cont'd cC-26 Mr. Ramond Green, a member of the audience, asked to have the term "normal subdivision requirements" defined, to which query Director of Public Works Yarborough responded. Ma~'or Dempster reiterated that the zoning on this site had already been established and that opinions for or against the zoning would be moot. Mr. R. E. Slater, Realtor and representative of the applicant for the subdivision, assured the Council that sufficient landscaping and buffering had been planned to shield the residential sites from the construction and that the Architecture and Site Approval Committee would undoubtedly place stringent conditions upon the landscaping proposal. However, that the applicant was requesting relief from condition #13, as imposed against this application by the Planning Commission, as the applicant felt that the requirement to improve the 935' street frontage as stipulated con- stituted a hardship. Further, that the applicant had been unable to reach the owners of the adjoining property to resolve the questions of the street improvement but that his client was convinced that the adjoining property owners were most adamant in not wanting to expend any funds for such improvement. In answering Mayor Dempster's questions, Director of Public Works Yarborough said that the developer did not wish to pay all the cost of the development and that it was left to the discretion of the City Council to decide whether or not the applicant should be forced to abide by all usual requirements or to grant him relief. Councilman Stokes disagreed, commenting that this was not a question of cost but that the matter to be decided by the Council would be whether the requirement, as applied to this instance, was or was not correct. Councilman Stokes questioned if this tentative map could be approved if the necessary dedication was not forthcoming. The staff agreed that it could not, as evidence of ownership had to be provided. City Attorney Anderson recapped the discussions of the Planning Commission stating that the Ordinance requires that parcels 1, 2, 3 and 4 are for purposes of a single parcel and that it had been agreed that, if a signature could not be obtained from the elusive adjoining property owners, bonds would be posted and eminent domain procedures instituted for the improvement of Portal Avenue. Mr. Anderson was most specific in agreeing with the City Engineer that, in this case, either the improvements would need to be constructed or bonds provided. Planning Commission Chairman Hirshon related what had transpired at the Planning Commission meeting and explained that the reasons for approval of the application had been based upon certain conditions. Also, that the applicant had been advised to negate the transaction if he felt that he was not receiving that for which he had paid. mot ion dies Mr. Slater reported that the transaction had closed escrow, that money had exchanged hands and that it was too late to request reimbursement from the original landowner. Councilman Fitzgerald moved to approve Application 26-TM-69 and that MacDonald's be allowed to provide bonds for one year sufficient to insure that the City will be able to obtain improvements for the entire parceL The motion died for lack of a second. Minutes of the City Council November 3, 1969 Application 26-TM-69 cont'd Councilman Stokes moved for approval of Application 26-TM-69 condition that all street improvements on parcels 3 and 4, in egress and ingress, be constructed at this time and that bond provided on the remaining 300' +/- on Portal Avenue for a one period. Councilman Fitzgerald seconded. Councilman Stokes amended his motion to read that if parcel 3 be under development prior to MacDonald's obtaining of a buil permit MacDonald's will be removed from the requirement of th Councilman Fitzgerald seconded. The amendment passed unanimously, after which the original mo passed 4 - o. B. Architecture and Site Approval Committee Mr. George Meu explained Application 43l-HC-69 with the assis the Chief Building Inspector. Mr. J. D. Vanderlaan, the real presenting the applicant, requested a variance to the buildin to the effect that a common door for both Payless Drug Stores P&W Markets be allowed. Councilman Stokes moved, Councilman Fitzgerald seconded and i passed unanimously to approve Application 431-HC-69. Mayor Dempster requested that the Chief Building Inspector sub report on the realtor's request at the next meeting. Councilman Beaven moved, Councilman Fitzgerald seconded and i passed unanimously to approve Application 433-HC-69. Applications 440-HC-69 and 441-HC-69 were unanimously approve the individual motions by Councilman Stokes and the individua by Councilman Beaven. Councilman Fitzgerald moved for approval of Application 442-H Councilman Stokes seconded and it was passed unanimously. Councilman Beaven moved to approve Application 443-HC-69 not the sign as proposed, with the request for sign approval to b mitted at a later date. Councilman Fitzgerald seconded and it passed unanimously. Councilman Fitzgerald moved, Councilman Beaven seconded and i passed unanimously to approve Application 434-HC-69. C. Parks and Recreation Commission There had been no meeting of this Commission, there were no m Public Hearings At this point, Vice Mayor Stokes assumed the Chair and read t of the following application. C P on the 2 eluding a s be w year c should m ding e bond. tion h tance of tor re- g codes and twas 4 a mit a twas 4 a d upon 4 1 seconds 4 a c-69, 4 a to include 4 e sub- a was twas 4 a p inutes. he legend a 0 c-26 age 3 6-TM-69 pproved ith ondi t ions otion amended control 31-HC-69 pproved 33-HC-69 pproved 40-HC-69 41-HC-69 pproved 42-HC-69 pproved 43-HC-69 pproved 34-HC-69 pproved arks ssumption f chair page 4 2l-Z-69 legend p. h. closed 2l-Z-69 approved with conditions 22-Z-69 legend p. h. closed Minutf!~ (If the City Council November 3, 1969 cC-26 Public Hearings cont I d A. Application 2l-Z-69 from Sterling Homes for prezoning from County CN zone to CG zone and from County CN and R3-2.4 zone to R3-2.2 zone. Approximately 18.1 acres located westerly of Foothill Boulevard northerly of Stevens Creek Boulevard. (Ordinance No. 450 on first reading) Planning Director Sisk reported on the conditions placed against the application and suggested that an additional condition relative to the road improvements be requested. Mr. R. D. Koenitzer opposed the application stating that, although he realized that the zoning was a matter of fact, the apartment house cnn- struction would generate more traffic than the existing streets could handle and that the existing gas station on the site should be eliminated. Also, that there should be no consideration of development plans until such time as a widening of the feeder streets in the area has been decided upon. There were numerous audience comments, all in opposition to the development, most of which cited considerations such as heavy traffic and inadequate road provisions, the desire to keep the area residential in character, and the need for water pressure which, according to the comments, is at a low point at this time. Councilman Beaven moved, Councilman Fitzgerald seconded to close the public hearing. The motion passed 3 - 0 with Councilman Dempster abstaining. Discussion ensued among the Councilmen relative to the fact that it would be better to bring this area into the City rather than leave it in the County and have to take over whatever zoning would be placed on the site by the County. Councilman Fitzgerald moved for approval of Application 2l-Z-69 with the added condition that a total of 45' be dedicated for street widening and that the commercial zoning be moved back 45'; and that this information be sent back to the Planning Commission for review and report to the Council. Councilman Beaven seconded. Councilman Dempster abstained. The motion passed 3 - O. Mayor Dempster resumed the Chair. B. Application 22-Z-69 from J. Cyril Johnson Investment Corporation for rezoning from Light Industrial (ML) zone to Multiple Residential (R3-2.2) zone. Approximately 8.4 acres located southerly of and adjacent to Homestead Road, 500 feet westerly of intersection at Homestead Road and Barranca Drive. (Ordinance No. 451 on first reading) Mr. Gerald C. Johnson presented t~e application and stated that his cømp~ was ill total agreement with the plan as established. He then submitted aerial photocrapl:ls for the Councilmen's perusal. Councilman Stokes moved, Councilman Beaven seconded and it was passed umnimously to close the public hearing. 4inutes of the City Council November 3, 1969 Application ~~-k-b~ cont'd Councilman Beaven moved for approval of Application 22-Z-69 and that the Mayor's reading of Ordinance No. 45l constitutes a first reading. Councilman Fitzgerald seconded and it was passed unanimously. C. Resolution No. 1884, ordering vacation of a certain walkway easement within the City of Cupertino; approximately 0.028 acres on Vicksburg Drive. (Resolution No. 1897 under "Resolutions" portion of agenda) City Clerk Ryder advised that no protests had been received; there were no protests from the audience. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to close the public hearing. cC-26 page 5 22-Z-69 approved Res. 1884 legend p. h. closed Councilman Stokes moved for adoption of Resolution No. 1897. Councilman Res. 1897 Beaven seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Ordinances. Items 1. and 2., Ordinance No. 450 and No. 451, respectively, had pre- viously been disposed of. 3. Second reading of Ordinance No. 448: Ordering stop signs to Ord. 448 be placed at the intersection of Bubb Road and Rainbow Drive Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. second reading Councilman Stokes moved for enactment of Ordinance No. 448. Councilman enactment Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Councilman Stokes assumed the Chair at this point. Resolutions 1. No. 1895: approving payroll for period ending October 21, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes Noes: None Absent: Councilmen Noel and Dempster Res. l895 adopted page 6 Res. 1896 adopted Res. 1897 Res. 1898 adopted Res. 1899 adopted recess Minutes of the City Council November 3, 1969 cC-26 Resolutions cont'd 2. No. 1896: a~p"0,¡ng miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Stokes, Fitzgerald Noes: None Absent: Councilmen Noel and Dempster 3. 4. No. 1897; this matter had previously been disposed of. No. 1898: accepting quitclaim deed and authorization from Robert A. Cavallero and Hazel H. Cavallero, as Trustees in joint tenancy and George E. Carey and Katherine Carey, his wife, as tenants in common Councilman Ayes: Noes: Absent: Beaven moved for adoption, Councilman Fitzgerald Councilmen Beaven, Fitzgerald, Stokes None Councilmen Noel and Dempster seconded. 5. No. 1899: accepting quitclaim deed and authorization from California Pacific Commercial Corporation Councilman Beaven moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes Noes: None Absent: Councilmen Noel and Dempster Vice Mayor Stokes called a recess at 9:40 p.m. The meeting reconvened at 9:55 p.m. with Mayor Dempster in the Chair. There was no unfinished business. Councilman Beaven reported that he had recently attended a retreat at the Pajara Dunes sponsored by the De Anza College in an attempt to initiate better and more thorough communications between the City and the community. This retreat had provided for discussions of various and different subjects and had been a positive attempt by the College to reach into the community and become active and lessen the gap between the two factions. Councilman Beaven moved that a resolution be prepared commending the college for the program and inviting fUrther plans and comments by the college students and faculty with the possibility of students working as interns in City programs. Councilman Fitzgerald seconded and it was passed unanimously. Report of Officers treasurer A. City Treasurer There wø. no fUrther report. Mtnutes of the City Council November 3, 1969 Reports of Officers cont'd B. Cit,¡ Manager MŒ, ,torm promised the report on the ambulance service agreement within the City of Cupertino for the next Council meeting. City Hc,"egf'!' Rtorl1' l'ei terated the Council's request to negotiate for one parcel of 1+/- acre in the northwest part of the City from Ditz- Crane Development. This had been available for $25,000, but that there had been a sanitary sewer easement requiring some adjustment in the purchase price. Mr. Storm said that Ditz-Crane would pay the front foot fee and that the City would pay the acreage fee, and recommend that it go to escrow on that basis. It was Mr. Storm's recommendation to place the matter in escrow as soon as possible. Councilman Stokes so moved, Councilman Beaven seconded and it was passed unanimously. C. City Attorney City Attorney Anderson read and recommended adoption of ReRolution No. 1381-48 by which ownership of certain underground installations by PG&E in the DeAnza Improvement Project (66-1) shall revert to PG&E. Councilman Stokes moved for adoption of Resolution No. 1381-48. Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Attorney Anderson recommended execution of an agreement for an easement for a fence and water line by the adoption of Resolution No. 1900. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel D. Director of Public Works Mr. Yarborough explained a proposed rental agreement for certain types of equipment with the City of Sunnyvale. He said a similar explanation would be made to the Sunnyvale City Council and if agreeable to them requested approval to proceed with negotiations on the matter. cC-26 page 7 manager recommendat ion authorized attorney Res. 1381-48 adopted Res. 1900 adopted pub 1. works Councilman Stokes moved, Councilman Fitzgerald seconded and it was negotiations passed unanimously to authorize the City staff to negotiate a rental authorized agreement with the City of Sunnyvale and any other City if it so desires. Mr. Yarborough explained that the County Planning Department had suggested the change of a street name to avoid further and prevent continued confusion and submitted a plot map on which he explained the location of the streets now known as Miller Avenue and Wolfe Road. Mr. Yarborough, in relating that it was now the City's policy to name streets after Councilmen, suggested that the street, if the approval for the change is obtained, be named Finch Avenue after past Mayor and Councilman Paul Finch. page 8 Finch Ave. named planning study requested clerk warrant approved Minutes of the City Council November 3, 1969 cC-26 Director of Public Works cont'd Councilman Fitzgerald moved to approve the suggestion as defined by the Director of Public Works. Councilman Beaven seconded and it was passed unanimously. E. Planning Director Planning Director Sisk presented diagrams of a proposed development on South Blaney Avenue and stated that there had been considerable discussion on the street pattern within this general area. He recounted how the pattern was laid out in the General Plan and described one of the possible changes that could be made for the betterment of all concerned. He explained the purpose of his presentation was to gain insight as to Council thinking and direction for future planning. The streets involved were the extensions of Torre Avenue and Rodrigues Avenue, how and where the outlets would be to Stevens Creek and South Blaney Avenue. Director of Public Works Yarborough spoke on the potential need for signal- ization along Stevens Creek Boulevard and the problems that could be encountered should the street pattern under the General Plan become a reality. At this point in the proceedings several interested property owners spoke on the issue both for and against the General Plan and the proposed alter- native. It was moved by Councilman Stokes, seconded by Councilman Fitzgerrld and passed unanimously that the Director of Public Works prepare a study for the next meeting based on his recommendation for the change of street pattern in the Town Center area which report would include the exact location of existing houses, what would happen if the street was moved back down. Also, that the Director of Public Works contact the Flood Control District and submit an estimated cost for the project so that it may be considered at the next City Council meeting. There were no further reports from the Chief Building Inspector and the Director of Parks and Recreation. H. City Clerk - Finance Director Finance Director Ryder asked for authorization to draw a warrant for $455.00 for advance registration to the National League of Cities. Councilman Stokes moved for approval of the request, Councilman Beave" seconded and it was passed unanimously. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to adjourn the meeting. Minutes of the City Council November 3, 1969 cC-26 page 9 The meeting was adjourned at 11:05 p.m. ad.journment 'ubmitted for Approval: Min~tes of the City Council November 3, 1969 The meeting was adjourned at 11:05 p.m. ..~ , ",APPROV~;~:~/? / - J--f City of Cupertin ATTEST: CC-26 page 9 adjournment