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CC 09-15-69 CITY OF CUPERTINO, 10300 TorrE Avenue, Phone: 252-4505 State o£ Cali£ornia Cupertino, California 95014 MINUTES OF THE CITY COUNCIL MEETING HELD SE"TEMBER l5, 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. CC-22 call to order flag salute Councilmen present: Beaven, Fitzgerald, Stokes, Dempster. Absent: Councilman Noel. Also present: City Manager Storm; City Attorney Anderson; City Clerk-Finance Director Ryder; Director of PUblic Works Ya~borOugh;1 Planning Director Sisk; Director of Parks & Recreation Parham; Recording Secretary Lucie M. Matzley. Absent: Chief Building Inspector Benevich. roll call Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve the minutes of the September 2, 1969 meeting as submitted. City Clerk Ryder advised the Councilmen of receipt of the following written communication: Letter from the California Postal Service requesting a permit to deliver third class mail within the City limits. Mr. Ryder stated that, after reviewing the request, staff had no objections to same and that there was presently one such operation in Cupertino. Councilman Stokes moved, Co~'cilman Beaven seconded and it was passed unanimously to authorize tt._ permit as requested. City Manager Storm presentpd to the Councilmen, on behalf of the City's baseball team, a perpetual trophy for the City team having won the inter-City competitions. There were no oral communications. Report of Officers A. Planning Application 18-TM-69 was deferred to be heard with its counterpart zoning request under Public Hearings upon the motion by Councilman Stokes and the second by Councilman Beaven, which was passed unani- mously. Planning Commission Chairman Hirshon briefly explained Application 2l-TM-69 and the basis for the conditions which bad been placed upon the Application by the Planning Commission. Councilman Stokes moved for approval of Application 2l-TM-69, Councilman Fitzgerald seconded and it was passed unanimously. B. Architecture and Site Approval Committee H Control Chairman Small presented the minutes of September 10, 1969 and briefly explained the actions taken. minutes approved permit authorized presentation planning 18-TM-69 deferred 21-TM-69 approved h control page 2 347-HC-68 approved 390-HC-69 approved 428-HC-69 back to h control 435-HC-69 approved with conditions 284-HC-69 approved Minutes of the City Council September l5, 1969 CC-22 H Control con'd Councilman Beaven moved for approval of Application 347-HC-68, Councilman Stokes seconded and it was passed unanimously. Application 390-HC-69 was approved unanimously upon the motion by Councilman Stokes and the second by Councilman Beaven. Mr. Lew Carter presented Application 428-HC-69. The Councilmen noted that the applicant had stated that excessive landscaping had not been planned because of monetary considerations. Councilman Stokes commented that he would not consider the application as submitted because of its total lack of landscaping and pointed out that this was the City's only opportunity to request an upgrading of a primary intersection within the City for which there was presently no landscaping at alL Councilman Stokes felt that all other applicants, who had previously asked permission to upgrade their operations, had been requeFted to install landscaping and that the argument that Standard Oil Company could not afford the cost of landscaping was weak indeed. The applicant explained that there had been other considerations for not wishing to install landscaping, such as fixed funds over a ten-year period for improvements, of which three years remained at this time. Councilman Fitzgerald felt that the westerly portion of the property line, immediately adjacent to the shopping center, should have landscaping which would prohibit motorists from driving over the parking lot as indiscriminantly as is presently done. Councilman Beaven agreed with Councilman Fitzgerald that the traffic flow should be aided by intermittent perimeter planting. Councilman Stokes moved, Councilman Fitzgerald seconded and i.t was passed unanimously to refer Application 428 ,Hc-69 back to the Architecture and Site Approval Committee for review of additional landscaping. Architect Ed MYers presented Application 435-HC-69 and answered questions by the Councilmen relative to the dedication of ~he entire frontage of this site. Councilman Stokes asked that the term "when the surrounding proper':y is improved" be defined more closely, i.e. when one side adjacent is improved, or both sides, or when an improvement district is formed. City Attorney Anderson advised that one way of insuring the i~rovement would be by requesting that the applicant file a bond for such. Architect Myers stated that he would guarantee that a bond for the estimated $10,000 to $15,000 frontage improvement would be provided by his client. On that basis, Councilman Stokes moved for approval of Application 435-HC-69 with the condition that the right of way be dedicated at this time and that the applicant contact the Director of Public Works and ascertain the proper amount of bond to be posted for street improvements to be installed at such time as street improvements will be installed on either side of the nursery. Councilman Fitzgerald seconded and it was passed unanimously. Application 284-HC-69 was unanimously approved upon the motion by Councilman Stokes and the second by Councilman Fitzgerald. Minutes of the City Council September 15, 1969 CC-22 page 3 Public Hearings A. Application 16-z-69 from California Lands Investment Company for rezoning from Rl-lOag zone to ML zone; ~pproximately 17.77 acres located north side of McClellar. Road adjacent to and west of ~he Southern Pacific Railroad. (First reading under Ordinance No. 445). 16-z-69 legend Mayor Dempster called for audience comments in opposition to this application. Mr. Bruce Wenniger who stated he represented the Menta Vista Homeowners Association reminded the Councilmen that the City's revised General Plan did not provide for any additional industrial developments west of the Southern Pacific Railway tract. Also, that the Flood Control District had proposed to utilize three acres of that land for a percolation pond but that the City had, through rezoning approval, apparently increased the land value to such extent that the Flood Control District found a purchase of the required acreage im- possible. According to Mr. Wenniger, the land was now worth some $120,000 per acre as opposed to the original price of about $30,000. City Attorney Anderson took exception to these statements and pointed out that, against strong opposition from the applicant, the Planning Commission had delayed the matter until such time as the Flood Control District had decided that there was no longer any interest in this acreage as there were sufficient sites available for the proposed percolation pond. Further that, still against the wishes of the applicant, the Planning Commission had purposely waited to rezone the site and possibly inflate the value of the property as it had decided against offending a public agency until they had decided that they no longer wanted the property for their purposes. Mr. Les Truvell, another member of the audience, stated that he was opposed to the industrial zoning as it was incompatible ~ith the adjacent' college and school sites. Mr. Jerry Dunn, the applicant, replied to aome of the points raised by stating that the acreage at West Valley Park, of which this site is an extension, sells for $' .50 a square foot and that many meetings had been held with the Flood Control District who, in the interest of saving money, had finally decided on another piece of land for its purposes of locating a percolation pond. Mr. Dunn reiterated that the Flood Control District had been given every opportunity to purchase the land and .had decided against doing so. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed p.h. unanimously to close the public hearing. closed When it became apparent that additional questions needed to be asked of staff as well as of the applicant, Councilman Fitzgerald moved, Councilman Stokes seconded and f.t was passed unanimously to re-open the public hearing. . p. h. re- opened page 4 p. h. closed 16-z-69 approved 18-TM-69 approved with conditions Ord. 445 Ord. 447 enacted Ord. 220(k) 3. enacted Minutes of the City Council September 15, 1969 Application 16-z-69 cont'd CC-22 Questions ensued relative to the proposed railroad crossing, by whom application for such should be made, who waE responsible for the cost, into whose jurisdiction the crossing would ultimately fall, and whether the road connecting to the overcrossing would be of a temporary or permanf'nt nature. In A;j,S!"er to questions by the Councilmen, City Attorney Anderson stated that, whatever conditions would be imposed would need to be applied against the tentative map, as the Map Act did not allow conditions on the final map which had not previously been placed against the tentative map. Further, the motion to approve should contain the provision that the road pattern is subject to change depending on developments in relation to the railroad crossing. Councilman Stokes moved, r.ouncilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Stokes moved for approval of Application l6-z-69, that Ordinance No. 445 be read by title only and that the Mayor's reading of same con- stitutes a first reading. Councilman Fitzgerald seconded and it was passed unanimously . Councilman Stokes moved for approval of Application l8-TM-69 with the conditions as suggested by the City Attorney with respect to the possible révision of the right of way of Imperial Avenue if the crossing at Bubb Road is denied by the Southern Pacific regardless of any action taken by the PUblic Utilities Commission. Councilman Fitzgerald seconded and it was passed unanimously. Ordinances. 1. First reading of Ordinance No. 445 This matter had previously been disposed of. 2. Second reading of Ordinance No. 447 regulating the issuance of permits to sell fireworks and repealing all heretofore enacted ordinances pertaining thereto. Councilman Fitzgerald moved for enactment, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Dempster Noes: Councilman Stokes Absent: Councilman Noel Second reading of Ordinance No. 220(k) amending Ordinance 002 and 220; regulating Light Industrial (ML) zones Councilman Stokes moved that the second reading be waived and that the Ordinance be enacted. Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, 'Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel , Minutes of the City Council September l6, 1969 Resolutions 1. No. l865, approving payroll for period ending September 9, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel 2. No. 1866, approving miscellaneous and general expenditures CC-22 page 5 Res. l865 adopted Res. 1866 City Treasurer Fitzgerald presented the list of expenditures. Council- man Beaven moved for adoption, Councilman Stokes seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel 3. No. l867, approving final map of Tract No. 4776, Valley Green Res. 1867 accepting certain drives, places, avenues and roads, author- izing the City Engineer and the City Clark to sign the final map, and authorizing the agreement in connection therewith Councilman Beaven moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Bf!aven, Fitzgerald, ßtokes, Dempster Noes: None Absent: Councilman Noel 4. No. 1868, accepting quitclaim deed and authorization from Avery Construction Company Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel There was no unfinished business nor was there any new business. Re'l10rt of Officers A. City Treasurer There was no further report from the Treasurer. B. City Manager City Manager Storm advised the City Council that the Junior Chamber of Commerce had scheduled a service alliance meeting for September 18, 1969 at Collins SchooL There was no further report in addition to the previously submitted written report C. City Attorney Attorney Anderson read Urgency Ordinance No. 4l5A by which a certain piece of land was reclassified General Commercial from Residential- Agricultural. adopted Res. 1868 adopted treasurer manager attorney urgency ordinance read page 6 Ord.4l5A enacted Minutes of the City Council September 15, 1969 CC-22 Report of Officers (City Attorney) cont'd Councilman Stokes moved for enactment of the Ordinance 4l5A, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel publ.works D. bond release parks request approved clerk warrant approved honors Director of Public Works Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to give minute order approval to the release of that portion of Ditz-Crane's bonds covering certain improvements on Peninsula Avenue in the amount of $15,640.00 of each. There was no report from the Planning Department nor from the Building Department. 'G. Parks & Recreation Director Parham presented the minutes of the last meeting of the Parks and Recreation Commission and asked for permission to utilize the Parrish House for day camps on a limited basis. Councilman Fitzgerald moved for approval on an interim basis, Councilman Stokes seconded and it was passed unanimously. H. City Clerk - Finance Director Finance Director Ryder asked for approval of Warrant No. 4817 for $2,159.18 payable to the Santa Clara County Flood Control, which had been received too late to be included in the official warrant list. Councilman Stokes moved for approval, Councilman Fitzgerald seconded and it was passed unanimously. Councilman Stokes moved that the meeting be adjourned in honor of Mr. Tom Henderson, "former City Water Commissioner, and that a written resolution be prepared for that purpose. Councilman Fitzgerald seconded and it was passed unanimously. adjournment The meeting adjourned at 9:15 P.M. ATTEST: APPROVED: /".. ¡ ,