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CC 08-04-69 C~ OF ctJl'ERrIIfO, State of California lQ300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 CC-l9 MmUTES OF TØE REGULAR MEETING OF THE CITY COUNCIL HELD AUGUST 4, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meetµsg, was called to order at 8:20 p.~. by Mayor Delllpster, who subsequeatly led the assemblage in the flag salute. call to order flag salute Councilmen present: Beaven, Noel, Dempster. Councilmen absent: Fitz- gersJsi and Stokes. Allo present: City Attorney Anderson; City Manager Storm; City Cl.erk _ Finance Director Ryder; Director of Public Works Yarborough; Senior Planner Laurin; Assistant Planner Eng; Chief Building Inspector Benevich; Recording Secretary Lucie M. Matzley. Absent: Director of Parks and Recreation Parham. roll call . Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to approve the minutes of,the July 2l, 1969 meeting. minutes approved City Clerk Ryder advised the Councilmen of receipt of the following written c~ications: l. Request frca Mrs. Frances Nislop of the Oakdell Homeowners Association urging the Council to lIot concur with the decision as rendered by the Planning Commi.'ion on Application 14-u-69. Mr. Ryder stated that, it this request was in- tended to be an appeal, it had been received too late to be within the required five d~ written notice period; 2. Letter from Don W. Wheat of Rhondda Valley Shopping Center informing the City Council that a c~inium developnent is planned for a certain parcel of laDd adjoining Cupertino and asking if Cupertino has sUch an Ordinance for tnis type of development; 3. Letter from W. G. Dunn requesting that the City Council refer Application 16-~-69 back to the Planning Commission so that written that bødy can review th~ matter in conjunction with Applic- communications ation 18-TM-69; 4. Information letter from the Ssn Jose Water Works advising the Council that application has been filed with the Public Utilities Commission for an increase in rates for water services; 5. . Request from Stevens Creek Music Company for a solicitation permit; 6. ~rous letters and petitions, all· in connection with the proposed park site exchange, each requesting that the indi- vidual communication be read into ,the record; 7. Petition signed by 264 individuals wno are in favor of the sitt: exc:~ge proposal; 8. Request from the Cupertino Chamber of Commerce asking that the City make available 50% 'of its contribution out of this year's b¢get. page 2 I 16-z-69 returned referral continuance letters filed oral communi- cations Minutes of the City Council August 4. 1969 CC-19 Written Communications cont'd Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to refer Application 16-z-69 back to the Plannin~ Commission. The solicitation request by the Stevens Creek Music Company was referred to staff for a report upon the motion by Councilman Noel and the second by Councilman' Beaven and passed unanimously¡ Councilman Noel moved, Councilman Beaven seconded and it was passed unanimoUsly to defer the reque&t fram. the Chamber of Commerce to the next meeting when all CityCóafteilmen are present. Councilman Beaven moved, Councilman Noel seconded and it was passed unanimously to file the balance of the correapondence. When Mayor Dempster called for oral communications, Mr. Al Spiers asked that the CUpertino Pioneer Day Parade be permitted to move its event one week ahead :from the last Saturday in October to the second to las.t. Mr. Spiers stated that this request was prompted by the fact that III8l\Y . of the musical groups appearing in the parade have conflicting schedules è.f1d because IIÛUIy citizens would be attending another event in San Francisco. "en Mr. Spiers had responded to questions in this connection, Mayor b~Bter requested that the Cupertino Chamber of Commerce be advised of this request for' óhange of dates, and that Mr. Spiers re-appear before th¡e Council at the next meeting with a report. Mr. Don Bandley, Realtor, submitted a request for a variance frolll one._.of thé 12 Staad.ard Conditions, based on alleged hardship, asking that thl' cql1struct:l.on of a masonry wall be deferred until such time as the presel'1tly v.eant site adjacent to Mr. Steakhouse is developed. This variance was re4uested for a period of six months to one yes:r. ", , CJ;1ief Bui1.ding Inspector Benevich, il'1 answering Mayor Dempster':s queries, replied that the.homeowner residing immediately adjacent to the site had asited that the fence be installed in its entirety at this time. city Clerk Ryder advised the Council that Attorney Filice had asked to bei'advised when this matter would come before the Council. Sii!ce the matter wlí;'¡ not listed on the agenda and was J:)reBented under "Oral CO\IIIIIUllications", tb$ City Clerk had hadho,prior ~owledge of the Datter coming þefore this CØ\)ncil. Thus, the attorney had not been notified. , Mayor Dempster suggested that this matter be continued for two weeks during wh:l.ch time the attorftey can be notified of the matter.þeing listed on the ~enda, and that the staff make a reC:OIIIDIendation of 'the possibility of e~ecting a wooden fence in view of the excess depth of the property. Mrs. Lois Miller requested that the City Council approve a certain en- croachment upon public right of way. Director of Public Works' Yarborough aSked that the matter be heard in c:onjunction with his departmental report. I ',I.'I:¡,e Council concurred. Min1iltesof the City Council August 4, 1969 ~ of ComminiOllB. A. Planning Commission Planning COllllllission Chairman Hirshon presented the minutes of the July 28, 1969 meeting. Applications l3-U-69, I-TM-69 and 16-TM-69 were briefly discussed and unanimously approved upon the individual mntions by Councilman Noel and the individual seconds by Councilman :Beaven. B. Architecture and Site Approval Committee In the absence of H Control Chairman Small, Chief Building Inspector Benevich presented the minutes of the July 23,' 1969 maeting and briefly explained the applications. Councl~ Noel moved, Councilman Beaven seconded and it was passed unanimously to approve Application 422-HC-69. Application 39B-HC-69 was unanimously approved upon the motion by Councilman Beaven ehd the second by Councilman Noel. Public Hearings A. Application 16-z-69 CC-19 page 3 planning applications approved h control 422-HC-69 approved 398-HC-69 approved l6-z-69 This matter had previously been referred back to the Planning Commis- sion, rendering Item 1. under "Ordinances"; i.e. First reading of Ordinance No. 445, superfluous., disposition Resolutions 1. No. 1845: appro'Ving payroll for period ending July 29, 1969 Res. 1845 Vice Treasurer Beaven presented the payroll. Councilman Noel moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Noel, Dempster Noes: None Absent: Councilmen Stokes and Fitzgerald 2. No. 1846: approving miscellaneous and general expenditures adopted s. 1846 Vice Treasurer Beaven presented the list of expenditures. Councilman Noel moved for adoption, Councilman Dempster seconded. Ayes : Councilmen Beaven, Noel, Dempster Noes: None Absent: Councilmen Stokes and Fitzserald 3. No. 1847: approving final plan for the improvement of frontag Res. 1847 at Lincoln School on McClellan Road, authorizing the City Engineer to sign the final plan and authorizing e~ecution of agreement in connection therewith. Cot:m,cilman Noel moved for adoption, councilman Beaven seconded. Ayes: Councilmen Beaven, Noel, .Dempster Noes: None Absent: Councilmen Stokes and Fitzgerald dopted opted page 4 Res. 1848 adopted Res. 1849 adopted Res. 1850 adopted Res. l85l adopted Res. 1852 adopted exchange proposal Minutes of the City Council August 4, 1969 CC-19 Resolutions cont'd 4. No. l848: approving final plan for the i¡tmrovement of frontage on Mary AvenUe at Stevens Creek Boulevard, authorizing the City Engineer to sign the final plan and auth~rizing the execution of agreement in connection therewith. Councilman Noel moved for adqption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Noel, Dempster Noes: None Absent: Counci~ Stokes and Fitzgerald 5. No. 1849: approving final map of Tract No. 4708, Woods East; accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign the final map; and authorizing execution of the agreement in connection therewith. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Noel, Dempster Noes: None Absent: Councilmen Stokes and Fitzgerald 6. No. 1850: authorizing the execution of an agreement by the Mayor and the City Clerk with the City of Sunnyvale relative to traffic signals. Councilman Noel moved ror adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Noel, Dempster Noes: None Absent: Councilmen Stokes and Fitzgerald 7. No. l85l: accepting dedication of real property for roadway purposes from Joseph Freas; located on the east side of Blaney Avenue, south of Junipero Serra Freeway Councilman Beaven moved for adoption, Councilman Noel seconded. Ayes: Counc;ilmen Beaven, Noel, Dempster Noes: None, Absent: Councilmen Stokes and Fitzgerald 8. No. 1852: authorizing execution of an agreement with the City of Saratoga establishing a common boundary. Councilman Noel moved for adoption, CQunciJJnan Beaven seconded. Åyes: Councilmen Beaven, Noel, Dempster Noes: None Absent: Councilmen Stokes and Fitzgerald Unfinished Business A. Dtscussioh of pro~osed exchange agreel!lent for park property. Mayor Dempster referred to a communication received from the representatives of HUD and questioned how intensely, if at 1\1.1, the City Council should become invo~ved in public 4is.~ssion in co~ection with the proposal. Minutes of the City Council August 4, 1969 Unfinished Business cont'd Mayor Dempster explained to the audience that the park sites had been purchased with funds obtained through a bond issue and with certain funds from the Federal Government under the auspices of HUD. As a result, the Federal Government has certain controls over the site as well as over the City Council and when they were approached in con- nection with the exchange proposal, a letter had been forwarded by HUD stating that it would be most unusual for HUD to ever approve an exchange, and if such exchange were to be approved, very stringent requirements would be placed upon the individual(s) receiving the property. Because of this reply, Mayor Dempster felt that the matter 'was moot and asked that the City Attorney render his legal opinion on the subject. Attorney Anderson reiterated his previous statements by which there are two problem areas in a possible exchange; 1) the possibility of litigation by the voters in the bond election, and 2) the Federal Government through HUD. Mr. Anderson agreed that there should be no action of any kind without the prior approval of HUD. Mr. Anderson further stated that, in conferring with the Bond Counsel, he had learned that the voters had passed the bond issue without specific indication of the site, but through working bond committees had indi- cated the current park sites through advertisements and maps. This, then, would lead to the conclusion that the bonds were passed for the sites advertised. According to Attorney Anderson, the pursuit of this matter would give rise to litigation although the City Council, as such, had not advertised the sites. It was his opinion that contra-action at this time would seriously hamper the future ability to pass other bonds. Councilman Noel queried if, should an election result in favoring of the exchange, the Government could be influenced. Attorney Ander- son replied in the negative. Mr. Anderson further pointed out that, by his signature in his capacity as City Attorney, he had certified that the Federal funds would be utilized for the purposes stated and he would, personally and as a representative of the City, be in serious jeopardy of a personal liability as well as being subject to disciplinary action by the Bar. Upon advice of the City Attorney, Councilman Noel moved to remove the item from the agenda, subject to a legally published notice of Public Hearing should the matter be replaced on the agenda. Councilman Beaven seconded and it was passed unanimously. Mayor Dempster called a recess at 9:10 p.m. The meeting reconvened at 9:25 p.m. B. Report on costs of vandalism in City parks, etc. Mayor Dempster requested that this matter be continued to the next regular meeting. CC-19 p~e5 matter removed recess reports continued page 6 matters coD,tinued contract awarded project approved change order OKed variance approved Minutes of the City Co$l:i1 August 4~ 1969 Unfinished Business cont'd CC-19 Upon the motion by Councilman Noel and the second by Councilman Beaven, which was passed unanimonsly, items D. and E. under this portion of the agenda; i.e. 1969-1970 Assessed valuation for tax rates and Change Order on contract for grading Linda Vista Park, respectively, were postponed to the next meeting. New Business Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to award the contract for the street maintenance program to the low bidder of the two bids received, Freeman-Sondgroth, for a total of $29,906.15. Report of Officers There were no :further, reports from the City Treasurer, from the City Manager and from the City Attorney. D. Director of Public Works Mr.Yarbarough supplemented his previously submitted written departmental report by explaining the study of the water s~tem and the neeð to increase .its source of supply. In :møwer to question by the Councilmen, Finance Director Ryder stated tbat the funds for this project are availabìè. Councilman Noel moved to approve the recommendation by the Director oj' Public Works as outlined in items 1, 2' and 3 of his ~commendation; i.e. approval of installation of new import water facility turnout at Mann tank J.ocation; preparatiom of plans and specifications for the project, and author:l.æsolicitations of bids for the installation. Mr. Yarborough further reported on the Bubb Road Improvement project, stating that a change order on the contract had been re-negotiated for 2.185 lineal feet of curb and gutter from $3.30 per lineal foot to $2.5C· per lineal foot for a total of $5,462.50. Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to approve Chane;e Order #1 as recOllDllended by the Public Works Director. Mr. Yarborough then reported on the previously submitted req,uest to author- ize encroachment of þUblic right of ~ to construct retaining walls less than three feet high. According to Mr. Yerborough, the request had met with a favorable recommendation by the Public Works Department conditioned upon tbe requirement that eXpenses be borne by the property owners, should it became necessary to install or move utility facilities within the right of W8¥ under discussion.. Councilman Beaven moved, Councilman Noel seconded and it was passed unanimously to accept the recommendation as stated by the Public Works Department. There were no further reports from the Departments of the Senior Planner, the Chief Building Inspector and the Parks and Recreation Department. Minutes of the City Council August 4, 1969 CC-19 page 7 H. City Clerk - Finance Director' clerk Mr. Ryder advised the Council that before a refund could be made to Utah Homes, Inc., which refund was included in Resolution No. 1846 just adopted, it would be necessary to rescind Resolution No. 1827. This latter Resolution was for approval of a final map which was not to be presented at this time. Councilman Noel so moved, Councilman Beaven seconded and it was passed unanimously. Res. 1827 rescinded Mr. Ryder also advised the Council of the receipt of the assessed valuation figures for 1969-l970 which show that the fifty million dollar mark had been surpassed with a net valuation of $50,033,730.00. In referring to an earlier communication and motion of the Council, Mr. Ryder stated that the staff already had investigated the request by Stevens Music for a solicitation license, and if the Council would grant the permit, the appropriate business license would be issued. Councilman Noel moved for approval, Councilman Beaven seconded and it was passed unanimously. permit authorized Councilman Noel moved for adjournment, Councilman Beaven seconded and it was passed unanimously. The meeting adjourned at 9:45 p.m. adjournment ßð.f- City Clerk ATTEST: