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CC 07-21-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINtI'rES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JULY 2l, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO,CALIF. The ~eeting was called to order at 8:00 p.~ by Mayor Dempster, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Noel, Stokes, Dempster. Absent: Councilman Fitzgerald. Also present: City Attorney Anderson; City Manager Storm; City Clerk-Finance Director Ryder; Director of Public Works Yarborough; Senior Planner Laurin, Assistant Planner Eng; Recording Secretary Lucie M. Matzley. Councilman Stokes requested that the minutes of the July 7, 1969 meeting be changed; on page 3, second to last paragraph, the roll call vote to read " . . passed by 3 - l,· etc. " Councilman Noel moved for approval of the minutes as corrected, Councilman Stokes seconded and it was passed unanimously. City Clerk ~der advised the Councilmen of receipt of the following written communications: 1. Létter from Daniel Donovan, Attorney at Law, appealing the Planning Commission denial of Applications l7-Z-69/l0-U-69/l1-U-69; 2. Two separate claims filed'by P. Brian Wilson, Attorney at Law, on behalf of one Christopher Reid for medical expenses and injuries allegedly sustained by falling from a structure at Portal Park; 3. A number of letters in connection with the realtor proposed land exchange of City-owned park site for other sites. Councilman Stokes moved to schedule the public hearing for the appeal of denial of Applications 17-Z-69/1l-U-69/l0-U-69 for the August 18, 1969 meeting. Councilman Noel seconded and it was passed unanimouslY. Councilman Noel moved, Councilman Stokes seconded and it was passed unanimously to refer the injury claim to the insurance carrier. Councilman Stokes moved to accept the letters in connection with the park land exchange proposal and directed that these letters be read into the record when the public discussion fór this matter commences. Councilman Noel seconded and it was passed unanimoùsly. In this connection, City Manager Storm advised the Council that an answer was imminent fr()m the Federal Government advising about the legal aspects ()f exchanging land pùrchased with Federal funds. cC-18 call to order flag salute roll call minutes approved public hearing scheduled claim referred Councilman Stokes moved, Councilman Noel seconded and it was passed unani- mouslY to schedule the land exchange proposal for public hearing for hearing August 4, 1969. scheduled page 2 Minutes of the City Council July 2l, 1969 cC-18 Written communications cont'd City Clerk Ryder advised the Council that he had received a telephone call from W. G. Dunn of California Lands, requesting postponement of the public hearing on Application 16-z-69 so that this matter C9uld be heard at the time the tentative map was being reviewed by the City Council. Councilman Stokes moved, Councilman Noel seconded and it was passed unani- mously to authorize the continuance. l6-Z-69 Councilman Stokes moved, Councilman Noel seconded and it was passed unani- coatiaued mously to file the balance of the correspondence. oral cl'JIUIuni- cations planning A. 14-TM-69 continued apptoval h control B. When Mayor Dempster called for oral communications, Mr. B. D. Koenitzer read a letter as written by the President of the Oakdell Ranch Homeowners Association, commending the City Council for enacting a weed abatement Ordinance and asking that the Council intervene in the unsightly appearance of a strip of land on Stevens Creek Boulevard between Mann Avenue and Foothill Boulevard. Councilman Noel moved, Councilman Stokes seconded and it was passed unanimously to refer this matter to the City Manager. Mr. Erney presented a proposal for a stained glass window to be placed in the Library, stating that the window would be 10' high and 8' wide and would cost in the vicinity of $2,000 or less. Councilman Noel queried if the architect had been contacted in this regard to ascertain if such installation would interfere with his plans. Councilman Stokes moved that the applicant be authorized to contact the City Manager through whom he could make arrangements to meet the architect for the library, and that ~e City Maaager be directed to report back to the Council at the next meeting in this connection. Councilman Nole seconded and it was passed unanimously. Report of Commissions . Planning Planning Commission Vice-Chairman Puetz presented the minutes of July 14, 1969 and briefly explained Application 14-TM-69. Discussion emsued ort the fact that this application was only one portion of a feur-request application and Councilman Stokes stattld that it would be impossib],.e to decide upon this application until all four portions of Sallie would be submitted at the same time. Councilman Stokes moved to continue discussion of this application until such time as the remainder of the four applications can be discussed at the same time. Councilman Noel seconded and it was passed unanimously. Applications l5-TM~69, 9-TM-69 and 6-V-69 were briefly discussed and unanimously approved upon the Úl:dividual motions by Councilman Stokes and the individual seconds by Councilman NoeL . Architecture and Site Approval Committee H Control Chairmu Small presented the minutes of the July 9, 1969l11eeting and brif fly explained the actions taken at that meeting. Minutes of the City Ciuncil July 21, 1969 H Control cont'd Councilman Stokes moved for approval of Application 408-HC-69, Councilman Noel seconded and it was passed unanimously. Counci~n Noel moved for approval of Application 425-HC-69, Councilman Stokes seconded and it was passed unanimously. Councilman Noel moved for approval of Application 424-HC~69 with the stipulation that such approval does not include approval of the signs. Councilman Beaven seconded and it was passed unanimously. C. Parks and Recreation Commission It was the consensus of the Council that the minutes of the July 15, 1969 special meeting be taken up at the public hearing scheduled for the next Council meeting. Public Hearings A. Application 16-z-69 had previously been postponed at the request of the applicant. B. Resolution No. l8l4 declaring intention of the City to order vacation of a portion of e City street, approximately 0.106 acre on Mary Avenue. (resolution No. 1832 under agenda listing "Resolutions") There were no audience comments, Councilman Stokes moved, COIlì1cilman Noel seconded and it was passed unanimously to close the public hearing. Councilman Stokes moved for adoption of Resolution No. 1832, Councilman Noel seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald C. Resolution No. 1815 declaring certain private properties within the City to be a public nuisance under the provisions of Ordinance No. 405 (Res. No. l84l under agenda listing "Resolutions") cC-18 page 3 408-HC-69 approved 425-HC-69 approved 424-HC-69 approved parks , Res. l8l4 legend p. h. closed Res. 1832 adopted Res. 1815 legend There were no audience comments. Councilman Stokes moved, Councilman Noel p. h. seconded and it was passed unanimously to close the public hearing. closed Councilman Stokes moved for adoption of Resolution No. 1841. Councilman Noel seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald Ordinances 1. First reading of Ordinance No.445 had previously been disposed of. Res. 1841 adopted Ord. 445 Minutes of the City Council July 21, 1969 Resolutions cont'd 6. No. l836: accepting grant deed of easement from Del Oro Develop- ment Co., Inc. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald 7. No. 1837: accepting dedication of real property for roadway purposes from Joseph Evulich Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald 8. No. 1838: approving boundaries common to the cities of Cupertino, Los Altos, Los Altos Hills, Palo Alto and Saratoga Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Noel, Stokes, Dempster Noes: 'None Absent: Councilman Fitzgerald There were audience comments relative to the reasons for the City's apparent desire to trade this portion of land to another City. Mayor Dempster adviser that the City~s not doing so by this resolution and that, should any trading be done, it would be preceded by public hearings of which all effec ed parties would be notified. 9. No. 1839: approving final map of Tract No. 4746, West Valley Indûstrial Park, Unit 2, and authorizing signing of agreement. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald Items No. 10 and No. II had previously been disposed of. 12. No. 1842: changing the name of Park Avenue between Saich Way and Saratoga-Sunnyvale Road to Alves Drive Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: None Absent: Councilman Fitzgerald cC-18 page 5 Res. l836 adopted Res. 1837 adopted Res. 1838 adopted Res. 1839 adopted Res. 184~ adopted Minutes of the City Council July 21, 1969 cC-18 page 7 Unfinished Business cont'd Item B. had previously been scheduled for a public hearing. C. Application 413-HC-69 for variances to sign ordinance and approval for erection of signs by Key Chevrolet Company 4l3-HC-6 legend Mrs. Paul Weiss reiterated some of the statements made at the last Council meeting at which time the application had been continued with a request for possible alternatives by the staff and the applicant. Mrs. Weiss related that, in accordance with the Council request, the applicant had agreed to make the following modifications to the originally submitted application: l) to reduce the height of the main sign to 42' from 47'; 2) to eliminate the service sign entirely; and 3) to lower the Used Cers sign sufficient¡y to conform to the Ordinance, or 20'. Mrs. Weiss stressed the fact that, to indicate the cooperation and willingness to operate in Cupertino, the applicant had agreed to totally eliminate one sign, thus asking for approval of only I two signs as opposed to the original request, and to lower the main sign as well as the Used Cars sign, both of which would be removed 250 feet from one another. Discussions ensued among the Councilmen and Councilman Noel stated that, although he would favor a sign even lower than that proposed as a compromise, he would consider granting the 42' sign' with a time limitation and asked I if the applicant would agree to such a restriction. Mrs. Weiss replied that she would agree to a ten-year limitation as this was the period for which the sign contract would remain in force. I Councilman Stokes stated that, in his op1n10n, there had been no real attempt to comply but that only an attempt to compromise the variation had been sub- mitted and that there still remained three violations to the Ordinance; i.e. height, number of signs, and allowable square footage and that he could not, in good conscience, approve the application with three violations. Mr. Stokes contended that, were this application granted on the basis of a big business applicant, all other and smaller business applicants could appear before this Council and expect to receive the exact same treatment and, subsequently, a I variance to their signs. Mr. Stokes also took exception to the minutes of the ~ast meeting during which he had not been present and, by referring to a portion of those minutes, stated that, in his opinion, the Ordinance was not antiquated as it had only been in force some two years and had received many hours of work and much effort on the parts of Planning Commission members as well as Councilmen to be brought to fruition. Furthermore, that one of the major provisions of that Ordinance was, and had been intended te be, that there will not be a violation of this Ordinance. Mr. Stokes commented that everybody in the adjoining municipalities knows that the Cupertino ~ign Ordinance is strict and will not allow violations or variations. Mr. Stokes agreed that certain new businesses would call for modifications, but that this Key Chevrolet agency was not one of them and that the applicant was dramatizing her case unnecessarily, as she had been in full knowledge of the fact that the Ordinance would not permit BIr9 variations, and that it had been the applicánt who had selected the site in Cupertino being aware of the Ordinance restrictions. Mr. Stokes maintained that he could not find any justification for approving this application in its present form. page 8 Minutes of the City Council July 21, 1969 Application 4l3-HC-69 cont'd cC-18 Councilman Noel expressed his gratifi~~tion of the spirit of cooperation as demonstrated by the applicant' s attempt to compromise but stated that the 42' height was still too much and that he would agree to this sign only if it were accompanied by the time limitation. CounciJ.man Beaven stated that he had not changed his opinion appreciably since the last meeting and he still felt that the existing Ordinance afforded to the City a means of exercising tight control over signs relating to commercial enterprises. He did, however, agree with Councilman Stokes' suggestion that perhaps the Ordinance should be changed to accommodate this application rather than allow the application to violate three of its basic requirements in one application. The applicant referred to a previous comment by Mr. Stokes by which the applicant could choose to split the property and be allowed one sign each on the ensuing lots. Councilman Stokes clarified that he had mentioned this method only to show that there could possibly be a subterfuge for the applicant if he chose to elect this avenue of approach but cautioned that the applicant would, in any case, need the approval of the City Council for whatever way he elected to pursue. Councilman Beaven questioned if the Ordinance was flexible enough to permit the approval of a use as the one presently under discussion, commenting that the Ordinance had not envisioned an aut...mobile agency when it was enacted. Also, that it was the concern and responsibility of this Council to assist all citizens in problem areas and that he did not believe in a strict and to the letter inter- pretation of the Ordinance. CounciJman Stokes di.sagreed, saying that he was most anxious to assist in whatever was needed, iv fact, that the Ordinance had variation provisions written into it as the City Council realized the potential need, but that he would not be. instrumental in approving an application which is in violation of this same Ordinance on three counts. Mayor Dempster felt it difficult to understand the impact of this request when, on many occasions, variances had been granted developers who had been allowed to put in only half of the size of a sidewalk, the full size of which had been requested of others. Mr. Dempster felt that a lot had transpired since the Ordinance was originally enacted two years ago and that the very reason for the Council's existence was the responsibility to equate and consider all facets of applications. Mayor Dempster stated that he was in full agreement that there are several much larger signs in existence in Cupertino at this time than the one being proposed now, and that exceptions to the Ordinance had previously been granted. The present application was one for a variance and that it did not matter or make any difference whether the applicant was the owner of a large, business or not. motion dies Councilman Stokes moved for denial of Application 4l3-HC-69. The motion died for lack of a second. Councilman Beaven stated that he agreed with Councilman Stokes that perhaps the Ordinance should be changed but that this would not change the substance of this application. He said that the site had considerable frontage, the two signs are not obtrusive and the City is concerned with the community being overrun by improper signs. Also, that he did not like the Used Cars sign, but that the design and forms of the signs was aesthetically pleasing. Minutes of the City Council July 21, 2.169 413-HC-69 cont'd Councilman Beaven moved for approval of the application with the following conditions: l) that the main sign shall not exceed 42' in height; 2) the Used Cars sign shall not exceed 20" ir height and that the signs shall be placed not less than 250' apart; 3) tbre shall not be an application for a third sign at any time; 4) ther" Rhall be a seven-year time limit on the sign approval after the expiration of ,,,hich the main sign shall be dropped to a height allowable within the then existin~ Ordinance. Councilman Dempster seconded. The motion received the following tie-vote: Ayes: Councilmen Beaven and Dempster Noes: Councilman Stokes and Noel Absent: Councilman Fitzgerald. City Attorney Anderson rendered his legal opinion in cases of a tie vote by which the tie has to be broken by a full five-member Council and that the only practical solution would be to continue the matter to the next Council meetingo cC-l8 page 9 413-HC-69 motion to approve tie vote Councilman Noel moved to approve Application 4l3-HC-69 with a main sign of 4l3-HC-69 30' height, the Used Cars sign of 20' height, both placed 250' apart, with approved a ten~year limit on the approval after which time the signs shall be reduced with to the height allowable within the then existing Ordinance. Councilman conditions Dempster seconded. The motion was passed with a 3 - 1 vote with Councilman Stokes dissenting and Councilman Fitzgerald absent< New Business Director of' Public Works Yarborough reported that Beven bids had been received for the grading of the Linda Vista Hillside Park, with the low bidder, LloyC. J. Rodoni & Son, submitting a bid for $6l,4Ql.OOo ,''1cording to Mr. Yarborough, this bid amount included all of the following work to be performed: grading the entire site, excavation from the top of the hillside area to the parking lot, the parking lot surface to be graded and compacted, walkways of 1" asphalt surface to be installed, etco Councilman Beaven moved for approval of the Director of Public Works' recommendation and acceptance of the low bid. Councilman Stokes seconded and it was passed unanimously. Report of Officers A. City Treasurer There was no report from the City Treasurer bid accepted treasurer B. City Manager I manager Mr. Storm stated that he had been approached with a request for an additional extension of waiving the construction of a masonry wall for the Mobile Oil Company station at Stelling Road and Stevens Creek Boulevard. COÙDcilman Stokes moved to extend the waiver one year or 'mtil such time as the adjoining property to this site is rezoned. Councilman Beaven seconded and it was passed unanimously. Minutes of the City Council July 21, 1969 CC-18 page 11 The meeting adjourned at 10:40 p.m. adjournment // ( ATTEST: