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CC 10-06-69 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 OCTOBER 6, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 1'.111. by Mayor Dempster, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven; Fitzgerald, Noel, Stokes, Dempster. Also present: City Man~Ger Storm; City AttorRey Anderson; City Clerk-Finance Director Ryder; Director of Public Works Yarborough; Planniag Director Sisk; Chief Buildiag Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to approve the minutes of the September l5, 1969 lIIeeting as submitted. City Clerk Ryder advised the Councilmen of receipt of the following written communications: 1. Letter from Stanford A. Berliner, an attorney in the Bill.wala- Skaggs Payless Drugs Store litigation, stating that a di8lllissal of Lis Pendens action would be filed in this matter and that the plaintiffs would have no objections to having the application placed on the ageada of the next Plaaaing Commission lIIeeting; Letter from W. H. Sutherlu.d, represeJltative of McDonald Corpo- ration, askiag to address the COUJIIcil UDder Oral COllllllUJlications; Letter from the City of SUlta Clara relative to Application l7-U-69. City Clerk Ryder suggested that this commuaication be heard in conjunction with the application. The COUJIcil concurred. Appeal by James Boghosian of the PlaMiag Commission denial of Application 19-U-69. City Clerk Ryder advised that, in accordance with the authority gru.ted him by the Council, he had scheduled the Public Hearillg for the appeal for October 20, 1969 and re- quested Council concurrence. Advice from the Public utilities Cðmlllission of California that the Sam Jose Water Works applicatioD will be heard OD October 20. 1969 at the San Jose Civic Auditorium. 2. 3. 4. 5. Councilman Fitzgerald lIIoved, Councilman Stokes seconded aad it was passed waanilllously to file the correspondeace as received. Councilman Stokes moved to agendize the public heariDg matter for the Boghosian appeal to the next regular ml!!etiag. CC-23 call to order flag salute roll call miDutes approved : written cOlllllUDications heariag scheduled There was SR iDquiry from a Skaggs-Payless Drug store representative in cOlUlection with the Lis PeDdeDS matter. The Council answered the inquiry by directing that the matter be placed on the agenda of the next Plaaaing Commission meeting upon the motion by Councilman Noel and the secoad by matter ordered Coumcilman Stokes, which was passed umanimously. agendized page 2 Minutes of the City Council October 6, 1969 CC-23 Oral Communications cont'd library progress :report Architect Blessing presented a progress report of the library plans stating that the specifications were being completed and anticipated to be ready on October 15, 1969 after which time they would need to be approved by the City Council, with approval from the State anticipated about December 17, 1969 and start of construction January 2, 1970. Mr. Blessing also pointed out that the initially anticipated estimate of $75,000 would be the approximate cost for the construction of a library plaza. He suggested that plUs be developed and placed for bid as part of the land- scaping bid, thus affording .. opportuaity to reject or modify depending on bids received. The Council agreed. Mr. LUigi Salvoneski, Vice President of Real Estate of the McDonald's Corpo- ration, told the Couacilmen that certain difficulties had been encountered with the owners of a portion of the site to be utilized by McDonald's. Because these difficulties made it impossible to proceed at this time, the applicant requested a pr~ation of expenses per the percentage of the improvements installed on the site owned by McDonald's. Also, that they be permitted to submit the remainder of expenses at such time as the rest of the property owners initiate their improvements and that a building permit be issued to McDonald's on that basis. When asked to do so, Director of Public Works Yarborough explained that the property uader discussion would Reed to have curbs and gutters installed, a normal requiremellt asked of all developers who cOlIstruct ill CupertiRo. He also stated that the telltative map on the eat ire parcel had lapsed after a period of ol!le year. Accordiag to Mr. Yarborough, the McDonald Corporatioa had beeR advised of all requirements while the teRtative map was still ia effect, but they had beeR uaable to obtain the cooperatioR of the remaiRder of the property owners.' It was Mr. Yarborough's cORteRtioR that it was not the prerogative of the City to ease its requirements to make matters easier for McDonald's and that a map should be required. Considerable discussioa ensue~ oa the matter of whether the applicant should be required to improve the entire froatage IIIR Portal Avenue as well as the fact that McDonald's had acquired the property without any recorded map filed oa same. mayor clari- fies Mr. R. E. Slater, Realtor negotiating the property sale to McDoRald's, addressed the COUDcil stating that the owners of record of the remainder of the property were in Phoenix at the preseat time and that it had been impossible to approach these individuals in a businesslike fashion to arrive at a solution to the problem. Councilman Stokes felt that there was Rot even a tentative map iR existence and that, because of the absence of such map, this application should be started allover again. The City Engineer reiterated that the applicant had been aware of this fact and had proceeded with the application prematurely. Mayor Dempster clarified the matter by requesting that that applicant file a tentative map, ask for whatever relief is sought as an exceptien to wÀat the City staff feels should be placed against this application. If the staff denies such relief, the applicant shall come before this Council. Minutes o~ the City Council October 6, 1969 Oral Communications cont'd Mr. Tom Hunter addressed the Council with a request that a close look be afforded the existing City plumbing code as it permitted the in- stallation of water liDes as well as sewer lines within one ditch. According to Mr. Hunter, this caUlled electrolysis to take place and was not permissible anywhere else but in Cupertino. After same discussion on the subject, Councilman Stokes moved that the Chief Building Inspector be instructed to prepare a written report for the Council on the pros and cons of copper and galvanized water services aad that surrounding muaicipalities be checked as to what their problems were as well as what type ef service was used. Council- man Fitzgerald seconded and it was passed uaanimously. Report of Commissions A. Planning Commissi on City Clerk Ryder read a letter from Santa Clara City Clerk A. S.Belick stating that the Vallco Park application (l7-U-69) had beeR reviewed by his City Council who had approved the matter with the following contingencies: 1) that the proposed building be moved westerly to the 25' buildimg setback line existing on Tantau Avenue; 2) that opaque windows be installed in the rear of the building; 3) that adequate and substantial landscaping be provided in the rear ef the property to protect the privacy of the residents in the adjacent resideBtial area. Mr. Walter Ward, General Manager of Vallco Park, stated that the City of Santa Clara had erroneously stated opaque windows which should, in reality, be trSJIslucel!lt wil!ldows. ArcÞitect David Thimgu explai~ed the application, the material to be used and the propesed construction in detaiL CC-23 page 3 council requests report planning Councilman Stokes moved for approval of Application l7-U-69 with the l7-U-69 conditiens as placed upon this application by the Planning CommissioB, approved with the additional three conditions as requested by the City of Santa with Clara with the exception that the word "opaque" be chuged to read conditions "translucemt" I!>r "meR-visible" glass. COUJIcilman Fitzgerald seconded and it was passed Ul'la1\1meusly. Application 20-u-69 was briefly discussed and approved UpoA tho motion by Councilman Stokes and the second by Councilman Noel and passed unanimously. Planning Director Sisk explaimed Application 23-TM-69. Councilman Stokes stated that his previous viewpoiRt had net changed and moveit for denial of tae application. Ceuncilmaa Fitzgerald secended fer discussion. Councilman Stokes stated that his reasons for denying the applicatien were that this Ceuncil had not been told what was anticipated for the site and that it weuld lelld itself to tile coRstructiøn of yet another service station. 2o-u-69 approved metiol'l 110 deny page 4 matter continued met ion tabled h coatrÅ“l B. 348-HC-68 approved 366-HC-68 approved 422-HC-69 approved 427-HC-69 approved 430-HC-69 approved 436-HC-69 approved 437-HC-69 approved recess parks discuss iOI cembined Minutes of the City Council October 6, 1969 CC-23 Planning Commission Report cont'd Councilman Fitzgerald moved that the motion be amended to read that the matter be put over for another two weeks pending the outcome of the Use Permit matter now before the Planning Commission. Councilmal!1 Noel seconded and the amendment was adopted unanimously. Councilman Fitzgerald moved to table the motion, Councilman Stokes seconded and it was passed unanimously. Architecture and Site Approval Committee Application 348-HC-68 was briefly discussed and unanimously approved upon the motion by Councilman Stokes and the second by Councilman Noel. Councilman Stokes moved for approval of Application 366-HC-68. CouncilmaA Fitzgerald seconded and it was passed unanimously. After a brief discussion, Application 422-HC-69 was unuilaeusly approved upon the motion by Councilman Stokes and the second by Councilman Noel. Mr. Carl Anglin presented Application 427-HC-69 calliag the Council's attel!1tion to the erroneous listing of the total number of units wñich should correctly read 190 units. Councilman Beaven msved for approval of Application 427-HC-69 with the inclusion of all conðitions as placed agaimst this application by H Control. Geuncilman Fitzgerald secended and the motion passed 4 - 1 with Councilman Stekes dissenting. Councilman Stokes moved, Councilman Fitzgerald secended and it was passed unanimously to approve Application 430-HC-69. Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 436-HC-69 with the conditien that the landscaping for this application be submitted at a later date. Mr. Ed Myers presented Application 437-HC-69 peinting out that the square footage as listed in the legend should correctly read 89,600 aq.ft. After sGme discussion, Councilman Stokes moved for approval of Application 437-HC-69 with the condition that the entrances and exits to the project be approved by the City Council prior to the issuance of a building permit. Ceuncilman Noel secoRded and it was passed unanimously. The Director of Public Works was instructed to submit a report for the next Council meeting e. the feasibility and necessity ef signalizing the intersection of Stevens Creek Beulevard at the Gemco - Mervyn's site. Mayer Dempster called a recess at 9:45 p.m. The meeting reconvened at 10:00 p.m. C. Parks and Recreation Commission Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to review and discuss the report of the Parks & RecreatiGn Commission on the park sites in co.junction with the discussi.. of that body's minutes. Minutes of the City Council October 6, 1969 Parks & Recreation Commission cont'd Mrs. Seiverson, Chairmam of tne Commission, presented the report whic contained, among other things, a priority listing for park develop- ment. Councilman Beaven felt that, although he realized the need for a cèmmunity center, the sequence of the priorities should be reviewed as there was in existence at this time the D'Amico property which contained constructed buildings that could be used as a community center. Mrs. Seiverson said that the Commission was aware of this but had felt the buildiIl¡s would be meeding extensive and costly renovation and that the property had been on the market for some time. Councilman Stokes brought out the need for flIesight in the acquisitiCDn of park land agaiast which must come the recegnition of financing requirements. Councilman Noel expressed some caution as t. an unlimited source of funding and reviewed what had been accomplished in this general area of parks during the last four years and how much money had beem taken from the General Fund for this purpose. Councir-n Fitzgerald offered his øpiniCDn that the proposed c~ity center should be built with whatever funds are available and suggested a study session to discuss the situatiCDn in depth. Mayor Dempster called for a joint study session with the Parks and Recreation Commissien to be held 8:00 p.m. on October 27, 1969 in the City Hall library. Ordinances A. Second reading ~f Ordinance No. 445: Rezoning from Rl-lOag zene to ML zont); appreximately 17.77 acres located north side of McClellan Road, adjacent to and west of Southern Pacific Railroad. Councilman Stokes meved, Councilman Noel 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. Councilman Stokes moved for enactment of Ordinance No. 445, Council- man Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Resolutions 1. No. 1869: approving payroll for period ending September 23, 1969 City Treasurer Fitzgerald presented the payroll, Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: Nene CC-23 page 5 jeint meeting scheduled Ord. 445 legend secend reading Ord. 445 enacted Res. 1869 adopted page 6 Res.1870 adopted Res. 1870-A 3. adopted Res. 1872 adopted Res. 1874 adopted Res. 1875 adopted Res. 1876 adopted Minutes of the City Council October 6, 1969 CC-23 Resolutions cont'd 2. No. 1870: approving miscellaneous and general expenditures City TreaAurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None No. l870-A:allowing certain claims and demands payable in the amounts as set ferth in this Resolution Councilman Stokes moved for adoption, Councilman Beaven seconded, Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 4. No. 1872: approving ut ili ties agreement Ne. 497.61 in behalf of the City of Cupertino with the State of California, Department of Public Works, Division of Highways Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 5. No. 1874: accepting quitclaim deed and authorization frmm James F. Koch Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 6. No. 1875: accepting quitclaim deed and authorization from Joseph Evulich Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 7. No. 1876: accepting quitclaim deed and authorization from Young Men's Christian Association Councilman Stokes moved for approval, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Neel, Dempster Noes: None Absent: None Minutes of the City Council October 6, 1969 Resolutions cont'd 8. No. 1877: accepting quitclaim deed and authorization from Utah Homes, Inc. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 90 Noo 1878: approving annexation designated "Hanahoe 69-7" Councilman Stokes moved for adoption, Councilman Noel secnnded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 10. No. 1879: accepting quitclaim deed and authorization frem Joseph Camarda Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 11. Noo 1880: authorizing execu~ion of Cooperative Agreement with the State of California, Department of Public Works, Division of Highways, providing drainage overflow facility at Stevens Creek Boulevard Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None l2. No. l88l: accepting quitclaim deed and authorization from Manuel Marchant Councilman Beaven moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 13. No. l882: determining the wage scale for construction of Cupertino Library Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None The singular item listed under ''Unfinished Business" had previously been disposed of. CC-23 page 7 Res. 1877 adopted Res. 1878 adopted Res. 1879 adopted Res. l880 adopted Res. 188l adopted Res. 1882 adopted page 8 treasurer A. manager expenses approved extension of time BJIIendment directive to staff bond required reports requested attorney Res. 1884 adepted Minutes of the City Council October 6, 1969 \;.....-¿j Reports 01' Office,,;; City Treasurer There was no further report frem the City Treasurer. B. City Manager Upon the recemmendation by the City Manager, Councilman Stokes moved, Councilman Noe¡ seconded and it was passed unanimously to approve mileage and meal expenses for members Gf the Library CG1IDIIission who would be attendees of the Library Conference in San Francisco on October l2, 1969. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to extend the time limit for the purchase of a portion ef the City-owned Blaney property by Utah Homes, Inc. to December 1969 at the request of the developer. Councilman Stokes moved, Councilman Noel secended and it was passed unanimously that approval be given te amend the salary resllÙution with the addition of a Recreation Specialist class at hourly rates of $3.00 - $3.50 - $4.00 - $4.50 - $5.00. Mr. Storm reported that there was an existing row of redwood trees on the Sears property shielding the adjoining residences. Sears had requested a Council decision w~ether to remove the mature trees and install a masonry wall adjacent to or in lieu of the wooden fences already in existence. Councilman Stokes moved to instruct the staff to contact the owners for permission to remove the wooden fences and have them replaced by Sears with masonry. Councilman Noel seccnded and it was passed unanimously. Councilman Beaven moved, Ceuncilman Fitzgerald seconded and it was passed unanimously to require a cash bend ef $250.00 for the cleaning up of the property by grewers of asters. City Manager Storm reiterated what had transpired on the ambulance agreement and stated that this was not an exclusive franchise. There was see difference of opinien as to the exclusivity cf the franchise. Councilman Stokes moved te refer this matter te the City Manager to decide which type of centract was intended to be written, to see what othe~ cities have, confer with the City Attorney, and beth the City Attorney and the City Manager to submit separate reperts to the City Council. Councilman Noel seconded and it was passed unanimously. C. City Attørney City Attorney Anderse. stated that he had researched the vacating of a City walkway matter and receamea4ed that a Public Hearing fer this matter be scheduled fer Neveltber 3, 1969 and that ReselutionNe. 1884 be adepted at this time fer that purpose. Councilman Noel so meved for al1eption, Ceunc:!.lman Stokes sec:;:ended. Ayes: Counci:lJl¡en Beaven, Fitzgerald, Noel, Stokes, De.pster Noes: None ' Absent: None Minutes of the City Council October 6, 1969 ~ Reports of Officers cont'd D. Director of Public Works Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to give minute order approval to accept the improvements constructed in conjunction with Tract No. 3354, Candy Rock Mountain. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to give minute order approval to accept improvements con- structed in conjunction with Tract No. 4590, The Woods, Unit #3. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to give minute order authorization to the Director of Public Works to notify the contractor and his bonding company that the bonds posted in conjunction with the McClellan Road storm drain may now be retired. Director of Public Works Yarborough also reported on and asked minute order approval for contract change orders numbered 1 through 8 under Schedule I and numbered 1 and 2 under Schedule II in connection with the water tank construction project. Councilman Beaven moved for approval as recommended by the Director of Public Works, Councilman Fitzgerald seconded and it was passed unanimously. City Manager Storm asked for approval to turn over to the Catholic Church in the area for the salvage of lumber the 25,000 gallon water tank on San Juan Road in exchange for the demolition of it by them. Councilman Stokes so moved for authorization. Councilman Beaven seconded and it was passed unanimously. The Mayor ordered the meeting adjourned at 11:15 p.m. ATTEST: ðl! City Clerk CC-23 Page 9 public works improvements accepted acceptance bonds to be retired contract changes authorized request authorized adjournment