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CC 07-07-69 CITY OF CUPERTDTO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 MINUTES OF THE REGULAR MEE:rING OF THE CITY COUNCIL HELD JULY 7, 1969 IN THE COUNCIL CHAMBERS, CITY HALL. CUPERTINO, CALIF. 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, Noel; Stokes (9:12 p.m.); Dempster. A~so present: City Attorney Anderson; City Manager Storm; City Clerk - Finance Director Ryder; Director of Public Works Yarborough; Senior Planner Laurin; Assistant Planner Eng; Chief Building Inspector Benevich; Recording Secretary Lucie M. Matzley. Councilman Noel moved, Councilman Fitzgerald se~onded and it was passed unanimously to approve the minutes of the meeting of June 2; 1969, action on which had previously been continued, Councilman Noel moved, Coùncilman Fitzgerald seconded and it was passed unanimously that the minutes of the June 16, 1969 meeting be approved as submitted. . Mr. William Filice was recognized by the Chair and reported that, he had been given to understand that a request was going to be made to defer con struction of a masonry wall near the corner of Highway 9 and Bollinger Road. He was present to represent property owners who were protesting such a deferment. Councilman Noel moved, Councilman Beaven seconded to give minute order directive to the City Manager for a report on this matter and for Mr. Filice to be notified when such a request is to COIDP before this Council. The motion passed 4 - 0 with Councilman Fitzgerald abstaining. CC-17 all to order lag salute 011 call inutes approved approval of inutes matter referred Mr. Don Bandley, Realtor, asked that the City Council consider a possible exchange of property now s)Rt~d for park construction purposes for some other certain property. It was the consensus of the Councilmen that the matter be heard at this evening's meeting. Councilman Noel moved, Council matter man Beaven seconded to hear the proposal under "New Business~ The motion deferred passed 4 - 0 with Councilman Fitzgerald abstaining. Mr. Jack Taylor of Sutter Hill Development Company asked that vhe City Council consider eliminating a condition upon an application approved under date of February l7, 1969 by which Albertson's as well as adjacent shops must be under construction before a building permit for the service station be approved. Mr. Taylor sUbmitted that some $29,000 in fees had already been paid to the City's Treasury, that labor, material and faith- ful performance bonds had been filed, and that all easements had been ' granted as well as fees paid to the Sewer District for the entire parcel. It was Mr. Taylor's opinion that, because of the aforementioned, a con~ sideration of eliminating the above condition was warranted. page 2 condition removed written communi- cations planning 5-v-69 approved h control Minutes of the City Council July 7, 1969 CC-17 Oral ('.n"''''nications cont'd Councilman Noel moved that the subject condition as placed against Application l-TM-69 under date of February 17, 1969 be removed, Council- man Fitzgerald seconded and it was passed unanimously, city Clerk Ryder advised the Councilmen of the following written commu- nications: 1. Letter from Williwn Hedley, architect for the two park buildings, recommending that the City Council ~ormally accept both buildings and to authQrize the filing of the notice of completion for both buildings; 2. Letter from Dr. Peter D'Alena of San Jose, protesting the issuance of an off-sale beer license to the 7-Eleven store on Bubb Road; .3. Letter from Mr. Bill Moore, General Manager of Nielsen Advertising, protesting the recommended denial by H Control of the proposed sign at Key Chevrolet. Councilman Noel asked that the letter from Dr. D'Alena be referred to the Alcoholic Beverage Control who have the issuance of such licenses in their purvue and that the balance of the correspondence be filed. Councilman Beaven seconded and it was passed unanimously. Report of Commissions A. Planning Commission In the absence of Planning Commission Chairman Hirshon, Chief Building Inspector Benevich explained Application 5-v-69 whereby a variance was requested for an already existing fence to remain as presently constructed. Mr. Dave Franklin, President of Franklin Homes, supplemented the report by saying that the property had an unusual shape and that the, property owner would benefit by the fence although he admitted that the initial mistake in building the fence short of legal requirements had been that of the developer. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to approve Application 5-v-69. B. Architecture and Site Approval Committee Mrs. Paul Weiss presented Application 413-HC-69 and stated that the height of the originally proposed main sign had been decreased from 55' to 47' but that this size was needed to adequately identify the Key Chevrolet agency to passing motorists, especially in view of the large sign on the adjacent Gemco store which would hide a smaller sign. Also, that the sign had been requested by the General Motors representatives and that no smaller sign could be found on any other comparable automobile agency. Considerable discussion ensued on the matter. The Councilmen pointed out that this was only one of three proposed signs and that, with its present dimensions, the sign was outside Ordinance limitations and would not receive a favorable consideration. In this connection, Mrs. Weiss pointed out that the Ordinance was ambiguous in that it permitted a choice of area coverage for a single business, i.e. Key Chevrolet, as well as for three different businesses, i.e. the Used Car lot, the agency, and the truck sales. Minutes of the City Council July 7, 1969 Application 4l3-HC-69 cont'd Mrs. Weiss was aided in her presentation by Mr. Bill Moore of Nelson Advertising, according to whom there are extenuating circumstances for permitting a sign in excess of that legally permitted. The applicant, however, would be willing to compromise and pursue different avenues of approach to the sign coverage, as well as submit it to General Motors for their approval, if this was the wish of the Council. Mrs. Weiss additionally pleaded hardship contending that the agency could not possibly survive on the business generated in the City of Cupertino alone and further stating that it was necessary to attract customers from the outlying areas. Councilman Fitzgerald felt that the Ordinance is very specific in its demands for sign control and that, some years ago, the Council had asked for assistance by interested parties in_drawing up the sign ordinance but that none had volunteered before the Ordinance was adopted. Mayor Dempster disagreed stating that the Ordinance might be antiquated in that, at the time of its adoption, an automobile agency in Cupertino was not envisioned, and that the Ordinance might possibly need adjusting to meet present needs. It was the unanimous opinion of the Council, however, that the sign in its present form and size was unacceptable. Different compromising methods were suggested and Councilman Fitzgerald felt that the applicant should contact the City staff for any assistance or addi- tional suggestions. Also, that the other signs should be lowered if the main sign was reduced. A portion of the minutes of H Control were repeatedly quoted and the Councilmen pointed out that the sign was not the only problem that had prompted a denial on that level, but that these matters could also be discussed with staff for possible solutions. Councilman Noel moved that the matter be continued for two weeks during which time the applicant shall seek the assistance of the City staff to consider possible alternatives, attempt to obtain permission from General Motors for a reduction in the main sign and bring forward a feasible recommendation on which the Council shall vote at its next meeting. Councilman Fitzgerald seconded. The motion was passed with a 3 -l vote with Councilman Beaven dissenting. Application 4l9-HC-69 was briefly discussed and approved unanimously upon the motion by Councilman Noel and the second by Councilman Fitzgerald. C. Parks and Recreation Commission The minutes of the June 25, 1969 meeting had previously been submitted, there was no further report. Public Hearings A. Application l5-Z-69 from City of Cupertino rezoning from CG, Rl-lO. R2-4.25i and R3-2.2 zone to Rl-lO, R2.4.25i and R3-2.2 zone (in order to clarify the boundaries between existing zones) located west of Saratoga-Sunnyvale Road between Stevens Creek Boulevard and McClellan Road. (Ordinance No. 444 on first reading) CC-17 page 3 4l3-HC-69 continued 4l9-HC-69 approved parks l5-Z-69 legend page 4 p.h. closed l5-Z-69 approved 4-v-69 :Legend p. h. closed 4-v-69 denied ., Minutes of the City Council July 7, 1969 Application l5-Z-69 cont'd CC-l7 Mayor Dempster explained that the City of Cupertino had initiated this rezoning to formally adjust certain boundaries. There were no audience comments. Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Fitzgerald moved for approval of Application 15-Z-69, that Ordinance No. 444 be read by title only and that the Mayor's reading of same constitutes a first reading. Councilman Noel seconded and it was pa8sed unanimously . B. Application 4-v-69 from Clifton J. Thompson for a variance to permit basketball backboard in front yard at 21515 Monrovia Street. (Denied by PC Resolution No. 658) Mr. J. C. Thompson made the presentation and reiterated what had prev~4)usly . expired. Mr. Thompson still maintained that the basketball backboard had been installed in good faith and without knowing that it would fall under the City's fence Ordinance and that none of his neighbors objected to the installation as it was sound and accident proof. When Mayor Dempster called for audience comments, Mr. Robert Poole of 21583 La Playa Court addressed the Councilmen stating that he lived in the area and that he objected to having basketball courts in front of residence8 particularly since these residences are located in the path of a heaviJ¥ traveled road. Further, that the installation, in his opinion, was un- attractive and that, should it be approved, all neighbors would feel entitled to the same treatment. Mr. Fred Piper of 21516 Monrovia Street stated that he was neither for or against the application and installation but felt that he would certainly not canvass the use of the facility as presently located as it could easily be installed in the back yard. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Noel felt that there were sufficient school grounds and parks to enable the children to play basketball and that playgrounds should not be permitted in front of residences as it was inconsiderate of all other neighbors and would set (: dangerous precedent Councilman Stokes concurred with these statements. Councilman Beaven stated that, in his op~n~on, the installation was not really unattractive but wondered if Ordinance ll2 could actually be invoked as it referred solely to fences. City Attorney Anderson stated that the Ordinance is most specific in requiring no structures to be allowed on a property set- back and that the Courts had ruled that a fence is a structure as well as even the hoop portion of a similar backboard. Councilman Stokes moved for d~nial of Application 4-v-69. Councilman Noel seconded and it was passed unanimously. Minutes of the City Council July 7, 1969 Ordinances 1. Ordinance No. 444 had previously been disposed of. Second reading of No. 442: Rezoning from single-fami~~ residential 7,500 sq.ft. lots (Rl-7.5) zone to single- family residential Cluster 6,000 sq.ft. per dwelling unit (RIC-6) zone; located east end of Palm Avenue between Black- berry farm and the Horse Ranch. 2. Councilman Fitzgerald moved for enac '~ent upon the second reading of the Ordinance by the Mayor, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel, Dempster Noes: None ' Absent: None CC-17 page 5 Ord. 444 Ord. 442 enacted 3. Second reading of No. IL43: Rezoning apþroximately 4.294 acreq Ord. 443 from Residential Single-family 10,000 sq.ft. lots (RI-lO) zGne to Residential Single-family 7,50C sq.ft. lots (Rl-7.5) zone, and pre zoning approximately 3.631 acres from County Residential 10,000 sq.ft. lots (Rl-') zone to Residential Single-family 7,500 sqoft. lots (Rl-7.5) zone; located south of Junipero Serra Freeway and east of Southern Pacific Railroad. Councilman Stokes mOved for enactment upon the second reading of the Ordinance by the Mayor, Councilman Noel seconded. Ayes: Councilman Beaven, Noel, Stokes, Dempster Noes: None Absent: None Abstain: Councilman Fitzgerald Resolutions 1. No. 1816: approving payroll for the period ending June 17, 1969. enacted Res. 1816 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved adopted for adoption, Councilman Nole seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1818: authorizing the execution of an agreement by the Mayor Res. l818 and the City Clerk to improve Bubb Road between McClellan Road aIb'. Regnart Road. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None adopted 3. No. 1819: granting of variance, had previqusly been disposed of. Res. l8l9 page 6 Res. 1820 p. h. closed adopted Res. l82l adopted Res. l822 adopted Res. l823 adopted Res. 1824 adopted Res. 1825 adopted Minutes of the City Council July 7, 1969 CC-17 Resolutions cont'd 4. No. 1820: annexatiol!ll designated "Mary 69-5". Councilman Fit~gerald moved to close the public hearing. Councilman Noel seconded and it was passed unanimously. Councilman Fitzgerald moved for adopti.on, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None ,. No. 1821: approving final plan for the 'mprovment of frontage at Mariani Avenue and Vista Dri.ve; autho"'1 zing the City Engineer to sign the final plan and authorizing execution of agreement i.n connection therewith. Councilman Fitzgerald moved for adoption, Councilman Noel seconded. Ayes: Beaven,'Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 6. No. l822: accepti.ng qui.tclaim deed and authorization from Utah Homes, Inc. Tract No. 4695, Woods West ' Councilman Fitzgerald moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None No. 1823: accepting quitclaim and authorization from Utah Homes, Inc. Tract No. 4643, Camarda Manor. ' Councilman Fitzgerald moved for adoption, Coun:ci~ JIoel seconded. Ayes: Councilmen Beaven, Fitzgrald, Noel, Stokes; Dempster Noes: None Absent: None 7. 8. No. 1824 accepting quitclaim deed and authori.zation from Judith M. Knirch, located on Mt. Crest Drive, parcel #2 Councilman Fitzgerald moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Boes : None Absent: None 9. No. 1825: approving payroll for the period ending July l, 1969. City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Noel seconded, Ayes: Councilman Fitzgerald, Beaven, Noel, Stokes, Dempster Noes: None Absent: None Minutes of the Cicy Council July 7, 1969 Resolutions cont'd 10. No. l826: approving miscellroleous and general expenditures. CC-17 page 7 Res. l826 City Treasurer Fitzgerald presented the list of expenditures. Councilman adopted Stokes moved for adoption, Ci"'ncilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 11. ~, l827: approving final map of Tract No. 4721, Woods North; accepting certain drives, places, avenues and roads, author~ izing the City Engineer and the City Clerk to sign the final map and authorizing the agreement in connection therewith. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 12. No.l828: approving final plan for ~he improvement of front~ age at Alves Drive, east or Stelling Road; authorizing the City Engineer to sign the final plan and authorizing execut- ion of the agreemel2t in connection therewith. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Noel, Dempster Noes: None Absent: None Res. l827 adopted Res. 1828 adopted 13. No. 1829: requesting the State of California, Department of Res. 1829 Public Works, Division of Highways, to construct an over- crossing structure and place the necessary fill dirt to extend Mary Avenue over the existing freeway, Route 280. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Nole, Stokes, Dempster Noes: None Absent: None Unfinished Business Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to request the removal of the structure denied previously under Application 4-v-69, and for the applicant to be so notified. New Business Mr. Don Bandley, Realtor, explained that c' ·tain parties are desirous of offering the City a beneficial exchange of property; specifically, the Memorial park site on .Stevens Creek Boulevard for the Damico property and the site known as Horse Ranch, both of which are on McClellan Road. adopted 4-v-69 removal requested page 8 Minutes of the CitY' Council July 7, 1969 CC-17 New Business cont'd When requested to do so, Senior Planner. Laurin reported that the Horse Ranch as well as the adjacent property would provide an excellent location for a central park, and that the proposed zoning for the Memorial Park area as requested would be an extension of what had already been accepted in principle. Director of Public Works Yarborough commented that he had reviewed the street pattern proposed for this area and that it would appear practical. Mr. Bandley expanded on the proposal and stated that this was a bona fide offering which could go into escrow at any time the City Council desired with a 10% deposit and balance in cash when and if the agreement can be reached by all parties. Mr. Bandley stated that he would be the sole agent in this transaction and that he had agreed to transact this posslble exchange with the City without remuneration although he would invoke normal commission procedures and terms with third'parties for the, acqulsition of the subject property. Councilman Stokes pointed out that a portion of the ~urchase money for the park site had been obtai,ned from the Federal Government and wondered if it would be necessary to obtain the approval for suchan exchange from the Federal Government. City Attorney Anderson stated that this would be a distinct possibility and that, additi.onally, the bond buyers would need to be consulted. Also, that appraisals would need to be obtained so that the possibility of charges being levi.ed for the dissipating of public funds would be eliminated. Mr. BandleY' inquired as to the possibility of adhering to a 90-day limitation for a commitment as time was of the essence. Councilman Stokes referred Mr. Bandley to the opinion as renãered by the City Attorney'that no commitment was possible at this time. matter referred Councilman Stokes moved that this proposal be presented to the Parks and Recreation Commission at a special meeting of that body at the earliest possible opportunity, that the staff be instructed to prepare a preliminary report on the mattßr, that the City Attorney research the legal problems which might be involved in a possible exchange, and that all this be done within the time allotted prior to the next Council meeting. Councilman Noel seconded and the motion passed 4 - 0 with Councilman Fitzgerald abstaining. ' Report of Officers treasurer 1 A. City Treasurer There was no further report from the City Treasurer. manager B. City Manager Mr. Storm reported that he had been able to employ the services of a new Planning Director and reco~nded that he be placed on Pay Grade 23, step 2 of the Salary Schedule, i.e. $1420 per month. Councilman Stokes moved for approval of the recommendation, Councilman Fitzgerald seconded and it was passed unanimously. Minutes of the City Council July 7, 1969 Report of City Manager cnnt'd Mr. Storm also asked for permission to construct a partition for the Senior Planner immediately adjacent to the office of the Planning Director as a cost of $1500 plus the cost for the necessary furniture. Councilman Stokes moved, Councilman FitzgerA,ld seconded and .it was passed unanimously to approve the recommendation as made by the City Manager. Mr. S' ;orm reported on the offer by Mr. Bert Avery to purchase surplus property from the State which resulted from the realignment of Mary Avenue. He stated there are procedural difficulties involved with this but that it could be to the City's advantage. , CC-l7 page 9 approval Councilman Noel moved, Councilman Stokes seconded to authorize the approval method of acquisition as outlined by Mr. Storm. The motion passed 4 - 0 with Councilman Fitzgerald abstaining. C. City Attorney Mr. Anderson reported on his contacting the County Counsel in connection with the abatement of a junk yard on County propert~ near Walnut Circle. D. Director Public Works Mr. Yarborough explained the proposed street maintenance program for streets in need of resurfacing by the use oi drawings and by substanti- ating a previously submitted departmental report on the subject. The estimated cost to be $32,300. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to approve the program as recommended by the Director of Public Works including the adVért1sing of bids for a contract. J Mr. Yarboroughalso explained a rendering of Linda Vista Park in depth and Councilman Noel commented that this positive approach was indicative of how much hard work had been accomplished and that he liked the plan. Councilman Beaven moved to proceed with the plan as outlined by the Director of Public Works including the appropriation of $25,000 from the Storm Drain Fund for the proposed drainage facilities. Councilman Noel seconded. ' Ayes: Councilmen Beaven. Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None E. Senior Planner Mr. Laurin reported that major revisioru. were necessary for the zoning books and asked that the City Council return the books to his department. Also, that certain Ordinances had been revised and that he had completed his report on densities in apartment zonings, a matter which is closely connected wit!:. the General Plan. attorney publ. works program approved authorization to proceed planning page 10 Minutes of the City Council July 7,. 1969 CC-17 Report of Officers cont'd building F. Chief Building Inspector Mr. Benevid¡ submitted a letter from Mr. Hedley, the architect for the park buildings, with an attached punch list for work ye' to be performed, recommending that the Council formally accept the buildings and authorize the Building Department to file a Notice of Completion. acceptance Councilman Fitzgerald moved to accept the buildings subject to completion of those items on the check list. Co uncilman Stokes seconded and ~, was passed unanimously. Mayor Dempster pointed out that the City had expended large sums for the construction of City parks which then had been subjected to an onslaught of vandalism necessitating additional large sums for corrective maintenance. Mayor Dempster asked that the citizens assist in the curtailment of such vandalism and to immediately report anything unusual in the behavior of visitors to the parko Councilman Fitzgerald stated that all parks are subject to a 10 p.m. curfew and that the damage was being done by older youngsters and not by children. He suggested that the Sheriff's Department be requested to frequently and closely patrol the park areas to decrease the number of vandalism offenses. Councilman Beaven concurred. Councilman Stokes agreeà but said that Cupertir.o was not the only City which was suffering vandalism in its parks. He requested that a report be assimilated by staff indicating how much this vandalism has cost the City to date. Also, that the staff investigate a possible alternative and com- parative costs as between City Maintenance staff VB. a contractual staff arrangement, even to considering the hiring of a janitor to service the buildings at night as a preventative measur'e. clerk G. City Clerk ~ Finance Director There was no further report in addition to the written report previously submitted. City Manager Storm reported th!. two refrigerators needed to be purchased for placement in the community 'buildings, and asked permission to submit bids to the City Council. 14inute order approval to this r",commendation was given upon the motion by Councilman Fitzgerald and the second by Councilman Beaven, which motion passed unanimously. Minutes of the City Council July 7, 1969 Councilman Fitzgerald moved for adjournment, Councilman Noel seconded and it was passed unanimously. The meeting adjourned at 10:40 p.m. APPROVED: ATTEST: ( CC-17 page 11 adjournment