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CC 06-16-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, CUpertino, California 95014 Phone: 252-4505 cC-16 MINurES OF THE REGUlAR MEETING OF THE CITY COUNCIL HELD JUNE l6, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. The meeting was called to order at 8:00 p.m. by Vice Mayor Stokes, who subsequently led the assemblage in the flag salute. call to order flag salute Councilmen present: Fitzgerald, Noel, Stokes. Absent: Councilmen Beaven and Dempster. Also present: City Manager Storm; City Attorney Anderson; City Clerk-Finance Director Ryder; Director qf Public Works Yarborough; Senior Planner Laurin; Assistant Planner Eng; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. roll call Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to continue approval of the minutes of the June 2, 1969 meeting to the next regular meeting to permit the absent Councilmen a chance to review the minutes. approval continued City Clerk Ryder advised the Councilmen that he was in receipt of the following written communications: 3. Letter from Mrs. Sam Bradlyn pointing out that at least two of the conditions imposed upon the Use Permit granted to Mrs. Kester, specifically the retention of horses on the site and the daily removal of manure, had not been adhered to; Results of bid opening on the Bubb Road improvement matter. City written Clerk Ryder suggested that this be discussed in conjunction with communications the report by the Director of Public Works; the Council concurred; Letter from Ed Glaeser, County Finance Director, indicating that I the local secured and unsec'll'ed assessed valuation would not be available until after July 9th and the utilities assessed valuation about beginning of August; I Protest by residents of Walnut Circle north and south objecting to the existing junk yard adjoining the properties and the hauling of junk cars via a City street; Request from Darold R. Schaffer, President of the CUpertino Pony League, asking for permission to hold a rummage sale on June 28, 1969 at the Cup~rtino High School parking lot. 1. 2. 4. 5. When requested by the Council to do so, Chief Building Inspector Benevich explained thaj; he had viewed Mrs. Kester's operation and that only one horse was on the premises, apparently to dispose of dry grass, and that, as far as he could observe, the premises had been clear of manure. report on complaint Mrs. Stella Kester stated that the site was cleared of manure daily, that there were no horses left on the site and that she was at a loss to underl stand what had prompted the complaint. Vice Mayor Stokes directed that the Chief Building Inspector check the site frequently to ascertain if there are any violations of conditions imposed directive and to report back to the Council if such violations are incurred. page 2 sale authorized opening ordered closed motion withdrawn matter defined action by council àudience comments Minutes of the City Council June l6, 1969 cC-l6 Written Communications cont'd Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to grant the, request by the Cupertino Pony League to hold a rummage sale on the Cupertino High School premises on June 28, 1969. City Manager Storm explained the situation as exists on Walnut Circle by which there is an existing fence with a large op~ning through which junk cars and other scrap metal is being hauled via a City-owned half-street, the other portion of the street belonging to, the County's jurisdiction. According to Mr. Storm, the property owner of the site where the open fence is located had stated that he had received permission from the City to leave it open, and since that time a junk yard had moved onto the premises and that the route for hauling such junk was over a City street. This had resulted in the strenuous objection of the neighbors adjoining the site. It was Mr. Storm's recommendation that the unsightly property be screened as much as possible by means of closing the fencè and disallowing the stre.et to be used as a thoroughfare for the junk yard. Councilman Fitzgerald moved to close the opening and request a report by the City Attorney as to the legality of such closing. Councilman Noel seconded Vice Mayor Stokes suggested that, before doing anything to close the fence, negotiations with the County of Santa Clara be entered into in an attempt to obtain theircoopenation in this matter. Councilman Fitzgerald withdrew his motion, Councilman Noel withdrew his second. I Mr. Anthony Bec1a, who ha!i previously requested to speak on the matter, told the ,Council that the property owner was using Walnut Circle for the sole reason that it was paved and the other road into the site was a dirt road. Also, that the yard contained not only junk cars, but scrap iron, old tires and the like. Councilman Fitzgerald moved that the fence be closed immediately and that the City Attorney contact the County to investigate the possibility of removing the yard. Councilman Noel seconded and it was passed unanimously. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to file the balance of the correspondence. When Vice Mayor Stokes called for audience communications, Mr. John Lasinski of 19866 Merritt Drive told the Council that he was representing Tri-Cities Little League and that a permit for the sale of fire works had previously been denied by the City with the explanation that the Ordinance does not permit the issuance of more than five permits. Mr. Lesinski explained that, although his organization was not charitable, it was non-profitable and hundreds of area parents arß giving of their time without remuneration to afford the youngsters to learn the art of sportsmanship. Minutes of the City Council June 16, 1969 Oral Communications cont'd cC-16 page 3 Mr. Lasinski objected to the apparent arbitrary granting of such permits to always the same organizations and asked that the Council consider a more equitable program so that all organizations would stand a chance to vie for the Ordinance restricted permits, especially in cases such as the one he presented where the applicant is not only non-profit but also an organization with great community appeal. Vice Mayor Stokes told Mr. Lasinski that the Ordinance does, in fact, pro- hibit the issuance of more than five such permits a year. ThE Councilmen felt that this matter should' receive further consideration as Mr. Lasinski's point of letting all applications for the sale of fireworks meet a dead- I line on a yearly basis with a subsequent lot choice by the Council was well ta1œÞ.. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed atter unanimously to place this item on the agenda for the next regular meeting. continued Report of Commissions A. Planning Commission lanning Vice Chairman Puetz presented the minutes of June 9, 1969. Applications ll-TM-69. l2-TM-69 and 13-TM-69 were briefly discussed and approved by a vote of 3 - 0 upon the individual motions by Councilman Fitzgerald and the individual seconds by Councilman NoeL Mr. Puetz explained why Applicat~ 4-v-69 had been denied; the applicant had not shown an actual hardship to the satisfaction of the Commissioners and a protest by a resident living across the street had been lodged. Mr. Puetz also stated that a letter by the Chief Building Inspector had been addressed to the Planning Commission advising that body that the poles were in violation of an Ordinance because they trespassed into the adjoining property. When permitted to do so, Mr. C. J. Thompson told the Councilmen that the poles and backboar~ had been installed as he was not aware that such in- stallation was within the jurisdiction of the Planning Commission and that the charges brought by the supposed neighbor across the street were invalid. Mr. Thompson explained that the lady did not, in fact, reside across the street from his residence and that, contrary to her statements, his next door neighbor was in total agreement with the installation, had no intentions of moving from the site, and that there was no landscaping to be damaged within a radius of at least 100· feet. After City Attorney Anderso!. had advised the Council on the method by which this controversy could be solved, Councilman Fitzgerald moved that this matter be set for public hearing at t,he next meeting of the Council and that the staff be directed to notifY all neighbors adjoining the property under discussion of the public hearing at which they coul~ be heard.~ouncil- man Noel seconded and it was passed unanimously. p.h. set page 4 Minutes of the City Council June 16, 1969 cC-16 h control B. approval parks report requested l4-z-69 legend p. h. closed hearing reopened Architecture and Site Approval Committee H Control Chairman Small presented the minutes of June 11, 1969 and briefly explained the actions taken. Applications 374-HC-69, 4l9-HC-69, 420-HC-69, 4l5-HC-69 and 42l-HC-69 were approved by a vote of 3 - 0 UpOL the individual motions by Councilman Noel and the individua~ seconds by Councilman Fitzgerald. C. Parks and Recreation Commission Parks and Recreation Chairman Seiverson presented the minutes of June 11, 1969 and briefJv explained what had transpired at the meeting. Discussion ensued on providi~g bike trails and it was the conSensus that the exact locations should be known before action could be taken; also, that a full complement of Councilmen should be present at the time the matter is decided upon. Councilman Fitzgerald stated that bike trails were approved in concept by the Council and moved that the Parks and Recreation Cnrmission report to the Council as to specific locations of the proposed bike trails, signs, etc. Councilman Noel seconded and it was passed unanimously. Public Hearings A. Application 14-z-69 from Ditz-Crane for rezoning from residential single-family 10,000 sq. ft. lots (Rl-lO) zone to residential single- family 7,500 sq. ft. lots (Rl-7.5) zone; and prezoning from County residential 10,000 sq.ft. lots (Rl-lO) zone to residential single- family 7,500 sq. ft. lots (Rl-7.5) zone. Approximately 4,294 acres for rezoning and approximately 3.631 acres for pre zoning located south of Junipero Serra Freeway and east of Southern Pacific Railroad. (Ordinance No. 443 on first reading) Senior Planner Laurin reported that the conditions as placed against the tentative map should also be placed agairst this rezoning matter for better conformity. Mr. Laurin also pointed out that the Planning Commissioners had requested that the City Council consider the acquisition of lots 22 and 23 of this subdivision and combine it with the land from PG&E for a small playground. There were no audience comments. Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. When it became apparent that additio~al questions needed answers, Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to re-open the public hearing. Mr.Ditz, the applicant, stated that time was of the essence but that he would be willing to dedicate a thoroughfare into the PG&E land if such was requested. Also, that he was in no way opposed to the City's acquisition of lots 22 and 23. Minutes of the City Council June 16, 1969 -- Application l4-z-69 cont'd Vice Mayor Stokes suggested that the Council go on record to direct the staff to immediately negotiate some equitable azrangement for the acquisit'on of the two lots for a City recreational area. Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Fitzgerald moved to authorize the staff to contact the applic- ant with respect to Planning Commission Resolution No. 650 by which the purchase of lots 22 and 23 is recommended. Councilman Noel seconded and it was passed unanimously, Councilman Fitzgerald moved that Application l4-z-69 be approved and that the Ordinance No. 443 be read by title only and that the Vice Mayor's reading of same constitutes a first reading. Councilman Noel seconded and it was passed unanimously. Ordinances. I. First reading of No. 442: Rezoning from single-family residential 7,500 sq.ft. lots (Rl-7.5) zone to single-family residential cluster 6,000 sq,ft. per dwelling unit (RlC-6) zone. Councilman Fitzgerald moved that the Ordinance be read by title only and that the Vice May~r's reading of same constitutes a first reading. Council man Noel seconded and it was passed unanimously. 2. First reading of No. 443, This matter had previously been disposed of. cC-16 age 5 . h. closed contact requested l4-z-6 approved irst eading 3. Secow' reading of No. 441: Prezoning from County General rd. 441 Commercial (ca) zone to Light Industrial (ML) zone. Approximately legend ,06 acre located on the south side of Lomita Street between Pasadena and Imperial Avenues. Councilman Fitzgerald moved for enactment, Councilman Noel seconded. Ayes: Councilmen Fitzgerald, Noel, Stokes Noes: None Absent: Councilmen Beaven and Dempster Resolutions 1. No. 1812: approving payroll for the period ending June 2, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Noel moved for adoption, Councilman Stokes seconded. AyeM: Councilmen Fitzgerald, Stokes, Noel Noes: None Absent: Councilmen Beaven and Dempster enacted Res. 1812 adopted page 6 Res. 1813 2. adopted Res. l814 3. adopted treasurer A. deposits approved broader powers ·OKed Minutes of the City Council June l6, 1969 cC-16 Resolutions cont'd No. 1813: approving miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Noel moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Fitzgerald, Noel, Stokes Noes: None Absent: Councilmen Dempster and Beaven No. l8l4: declaring intention to order vacation of a portion of a City street. City Attorney Anderson presented the resolution, recommending that it be adopteq, and that a public hearing on the matter be scheduled for July 21, 1969. Councilman Noel so moved, Councilman Fitzgerald seconded. Ayes: Councilmen Fitzgerald, Noel, Stokes Noes: None Absent: Councilmen Beaven and Dempster There was no unfinished business, nor was there any new business. Report of Officers City Treasurer City Treasurer Fitzgerald recommended that the following time deposits be made: $12l,000 190,000 lOO,OOO 100,000 lOO.OOO it to mature 9-24-69 to mature 12-29-69 to mature 3-24-70 to mature 6-24-70 to mature q-24-70 Bank of America Crocker Citizens First Valley Bank Wells Fargo' Bank Bank of America Cbuncilman Fitzgerald so moved, Councilman Noel seconded and it was passed unanimously . City Trea~urer Fitzgerald suggested that the Council consider authorizing the City's Finance Director to hold available fUnds until such time as a more advantageous interest rate from banks can be utilized f.,r the City's monies' , with the approval, of the City Manager, City Treasur.er or Treasurer designate. City Attorney Anderson concurred, stating that he had previously suggested broader powers for the Finance Director in the placement Of City funds so that the most advantageous rates can be utilized by staff level decision. Councilman Fitzgerald moved that the Finance Director be authorized to invest available funds at such times as more advantageous interest rates can be secured, subject to the approval of the City Treasurer or Vice-Treasurer. Councilman Noel seconded and it was passed unanimously. M~nutes of the City Council June 16, 1969 B. City Manager Mr. Storm asked that Marshal Reeves be permitted a salary increase from $547 to $589 per month effective July 2, 1969 as this employee was per- forming many more assignments than those of a custodian, and that the positions of Custodian and Duplicating Machine Operator be changed from pay grade 4 to pay grade 6. The Council concurred. Mr. Storm asked that, because of the cooperation received from Mr. Warner Wilson and Mrs. Pauline Woodruff, a letter be sent to each thanking each individual for their consideration and dedication to the City. The Council agreed. CC-16 page 7 manager Councilman Fitzgerald moved to adopt Resolution 1815 as recommended by the Res. 1815 City Manager. Councilman Noel seconded. Ayes: Councilmen Fitzgerald, Noel, Stokes Noes: None adopted Absent: Councilmen Beaven and Dempster Mr. Storm further expanded on a previously submitted written departmental report. C. City Attorney City Attorney Anderson reported on litigation dates to the Council. D. Director of Public Works Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to give minute order approval to the municipal improvements constructed in conjunction with Tract #4245 and to authorize refund of 90% of the cash bond provided therefor. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to authorize the staff to seek the cooperation of the State Division of Highways in connection with the preparation of preliminary design plans for a partial freeway interchange. Director of Public Works Yarborough reported on the bids received for the Bubb Road improvements, with Zipse Paving Company being the low bidder at a total of $64,372.60. Mr. Yarborough suggested that item 13 for the construction of curbs and gutters be deleted and that the bid price be adjusted to $62,624.60. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously to accept the bid as received from Zipse Paving Company and approve same as recommended by the Director of Public Works. E. Senior Planner Senior Planner Laurin reported that the Light Industrial Ordinance would be scheduled for public hearings in the near future and that it had been re-drafted to the satisfaction of the Planning Commission. Also, that the requested research into densities for apartment areas would be forth- coming shortly. attorney public works acceptance assistance sought bid accepted planning page 8 clerk warrant approved advise to county adjourn- ment Minutes of the City Council June l6, 1969 CC-l6 Report of Officers cont'd. There were no reports from the Chief Building Inspector or from the Director of Parks and Recreation. H. City Clerk - Finance Director Finance Director Ryder requested authorization to make progress payment #4 to Joseph J. Taylor for $12,269.44 under Warrant #4416, which request had been received too late to be included in the current warrant list. Councilman Noel moved for the authorization, Councilman Fitzgerald seconded and it was passed unanimously. Vice Mayor Stokes objected to the fact that the County had requested an accounting of the Library Bond funds, particularly since it had been implied that the City of Cupertino was enjoying the benefits by way of dividends from such funds being invested on the City's behalf. It was the feeling of the Vice Mayor as well as of the other Councilmen that the City does not have to respond to such request as the City has a contract with the County, that Santa Clara County is not paying for the bonds but the Citizens of Cupertino, that what the City of Cupertino does with the monies derived is no one's concern except the City's, and that it should be fully understood that, if such requested information is released, it is out of courtesy only and has nothing to do with the contractual obligations to lease the library. Also, that it be made abundantly clear that the interest on this money belongs to the citizens of Cupertino. Councilman Fitzgerald requested the above in the form of a motion, Councilman Noel seconded and it was passed unanimously. Councilman Fitzgerald called attention to the fact that a local resident was planning on visiting Cupertino's sister city Copertino, and suggested that a letter be formulated introducing him to the Mayor of Copertino as the official representative of this City. Councilman Noel so moved, Councilman Fitzgerald seconded and it was passed unanimously. Vice Mayor Stokes ordered the meeting adjourned at 9:52 p.m. ATTEST: "d.;:ý2