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CC 06-02-69 CITY Ol' CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JUNE 2, 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, Dempster. Also present: City Manager Storm; City Attorney Anderson; City Clerk - Finance Director Ryder; Director of Public Works Yarborough; Senior Planner Laurin; Assistant Planner Eng; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to approve the minutes of May 19, 1969 as submitted. The minutes of the adjourned regular meeting of May 26, 1969 were approved as printed upon the motion by Councilman Stokes and the second by Councilman Fitzgerald. Mayor Dempster introduced and welcomed a group of students from DeAnza College enrolled in Political Science courses and asked that they return at any time. CC-15 call to order flag salute roll call minutes approved approval of minutes City Clerk Ryder advised the Councilmen that he was in receipt of one written communication from the California Water Services Company stating that they have filed an application for a rate increase of about ~ in written order to offset increases in the cost and amount of water purchased communication from the Santa Clara County Flood Control and Water District. Councilman Noel moved, Councilman Fitzgerald sEconded and it was passed unanimously to file the communication. When Mayor Dempster called for audience comments, Mrs. Anne Anger reported that trucks and heavy equipment are using the streets of Monta Vista in order to serve subdivisions. Mrs. Anger asked who would be responsible for the repair to the streets. Mayor Dempster advised Mrs. Anger that this was located in the County and thus not a City matter but that the City Manager would look into the matter. oral Mr. Robert Zimmer of 920 Rockefeller Drive told the Councilmen that he cCmIDunications was desirous of resubmitting a request for the division of a piece of property, action on which had been held in abeyance pending the'formation of an improvement district. Since the improvement district had not I materialized, Mr. Zimmer asked for directives as to the necessary proce- dures to follow. Mayor Dempster advised the applicant to make application with the Planning Department for a necessary lot split so that his request could be considered on its own merits apart from any improvement district considerations. page 2 planning 3-v-69 approved 1O-TM-69 approved h control B. Minutes of the City COUIlcíl meeting June 2, 1969 CC-15 Report of Commissions A. Planning Commissi.on Planning Commission Chairman Hirshon presented the minutes of May 26, 1969 and briefly explained the acti.ons taken on Application 3-v-69. Counci.lman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to approve the application. Application lO-TM-69 was also briefly discussed. Councilman Stokes moved for approval, Councilman Noel seconded and it was passed unanimously. Architecture and Si.te Approval Committee H Control Chairman Small presented the minutes of May 28, 1969 and commented on the actions taken. Applications 414-HC-69, 415-HC-69, 416-HC-69 and 417-HC-69 were approved approvals upon the individual motions by Councilman Stokes and the individual seconds by Councilman Noel, all of which were passed unanimously. 404-HC-69 approved 418-HC-69 approved motion withdrawn Mr. Jack Taylor of Sutter Hill Development presented application 4a4-HC-69 pointing out the landscaping on the perimeter of the site fronting on Homestead Road and Stelling Road and explaining that all plans had been submitted to the Planning Commission who had found them to be in conformance to the Ordinance. Councilman Stokes felt that ·the proposed landscaping was at an absolute minimum and queried if the Council might wish to consider a reduction of sidewalk by 5' adding this space to the landscaping area as five feet of landscaping was, in his opinion, insufficient agai.nst a background of 200 t of asphalt. Mr. Stokes further felt that the perimeter driveway was in excess of what was required for diagonal parking and another 5' should be taken off that to provide for e 15' landscape area. The applicant stated that they would conform to whatever reasonable requirements the Council would place against the application but voiced his opinion that a request for l5' of landscaping was excessive. Councilman Stokes di.sagreed citing examples of Vallco Park, Sears and Payless where the landscaping area is wider still. Councilman Stokes moved for approval of Application 404-HC-69 with a 15' perimeter landscaping with the sidewalk to be reduced to five feet. Council- man Fi.tzgerald seconded, and it was passed unanimously. Mr. Burt Avery presented Application 418-HC-69 and explained the proposal by the use of visual aids. Councilman Stokes moved for approval, Councilman Noel seconded and it was passed unanimously. Application 409-HC-69 was briefly discussed. Councilman Stokes moved for approval with the same conditions as placed against Application 404-HC-69. Councilman Fitzgerald seconded. Mr. Jack Bertnick of Gulf Oil Company asked for a clarification of the imposed requirements and emphasized that the landscaping area had previously been increased. Councilman Fitzgerald withdrew his second, Councilman Stokes withdrew his motion. Minutes of the City Council June 2, 1969 CC-15 page 3 H Control minutes cent'd Councilman Stokes moved for approval of Application 409-HC-69 with a lO' perimeter landscaping, the sidewalk to be reduced to 5' and the landscaping at the radius point to be a reversed curve of fifteen feet depth. Councilman Fitzgerald seconded and it was passed unani- mously. 409-HC-69 approved Mayor Dempster drew attention to the fact that the sign portion of Application 404-HC-69 for Albertsons Shopping Center had not been discussed. The Chief Building Inspector explained the proposal and the allowable sign coverage. It was the consensus that the applicant needed to consult his tenants in connection with the proposed erection of sign towers and the identification each tenant might require, and to obtain an agreement which would be binding on both the applicant and the City of Cupertino. Councilman Fitzgerald moved to continue the discussions of the sign portion of Application 404-HC-69, Councilman Noel seconded and it was passed unanimously. 404-HC-69 sign portion continued C. Parks and Recreation Commission parks There had been no meeting of the Commission, there were no minutes. Public Hearings A. Request for Los Altos Garbage Company for a rate increase garbage rates Mr. Marshal Frazier appeared on behalf of the Los Altos Garbage Company and elaborated on a previously submitted report which indicated the necessity for a rate increase and the reasons therefor. Mr. Frazier also emphasized that a ten year contract had been signed between the Garbage Company and the City of Cupertino in 1964 and that he was not attempting to re-negotiate the contract at this point, merely to ask approval of a rate increase averaging about ~ per year from $1.75 to $2.40 per month. When Mayor Dempster called for audience comments, Messrs. Bernard Ponsegi, Howard McLaughlin, Harold Johnson, Dean Sayer, Earl Pelt and Bruce I Wenniger voiced such considerations as the justification for the increase, the necessity for a trash and rubbish pick-up three or four times a year, the possibility of making special arrangements for unlimited service for a specified fee and the possibility that Cupertino might be overcharged because of contracting with the same company. Mrs. Juanita McLaren audience asked that the Council consider the inclusion of a provision in the comments increase approval by which the trucks are required to pick up the garbage cans in front of the hillside homes rather than have the homeowners haul their garbage cans to the bottom of the hills particularly in view of recently passed legislation prohibiting any type 0' burni~.. Councilman Noel moved, Councilman Fitzgerald seconded and it was passed p. h. unanimously to close the public hearing. closed page 4 request approved recess taxicab B. franchise p. h. closed Minutes of the City Coun~n JunE; 2, 1969 CC-15 RatE; increase hearing cont'd Councilman Noel stated that he was in favor of the rate increase as cost of living had steadily increased and the request was justified; however, that a provision should be included in the approval for a Spring and Fall Pick-up of rubbish. Councilman Stokes said that trash pi~k-up had plagued the City for a long while and that this would be the time to confront the problem and to come up with a solution particularly in view of the new burning legislation. Mr. Stokes suggested that the City Council pursue the possibility of rubbish pickup three or four times a year with "the City paying the cost of such pickup to be taken out of the budget surplus instead of another decrease in taxes. Councilman Fitzgerald queried if homeowners had ever been notified of the services offered and the charges for such services. The City Manager emphasized that each homeowner had received a letter indicating all services provided and the costs for each. Councilman Fitzgerald felt that there was little eXcUBe for homeowners not knowing about the extent of the services offered. Councilman Beaven felt that, although he was receiving excellent service, the increase proposed was entirely too high and without justification. Councilman Stokes disagreed stating that the comparison of the increase with the cost of living increases could not be related. Councilman Fitzgerald moved that the request be approved as per the proposal and that the City Mamger be authorized to investigate the possibility of rubbish pick-up three or four times a year to be instituted before January 1, 1970. Councilman Noe:l seconde:d. The motion passed 4 - 1 with Councilman Beaven voicing the "No" vote. Mayor Dempster called a recess at 9:45 p.m. The meeting reconvened at 10:00 p.m. Franchise application for taxicab service filed by Sanford H. Sanger, requesting approval of the transfer of franchise and ownership of the business known as Cupertino Cab Company to Cabs Unlimited, Inc., a California Corporation, to operate in Cupertino under the name of "Yellow Cab Company of Cuper'ttr.o". City Attorney Anderson stated that he had reviewed the application and that he found it in order and in accordance with the Ordinances. Further, that the approval of this application would not be an exclusive right with no possibility of future applications. There were no audience comments. Councilman Noel moved, Councilman Stokes seconded and it was passed unanimously to close the public hearing. Minutes of the City Council June 2, 1969 CC-15 page 5 Franchise application cont'd Councilman Noel moved for approval of thE franchise application as filed by Sanford H. Sanger and as approved by the City Attorney. Councilman Stokes seconded and it was passed 'Œnanimously. application approved C. Appeal from Ward Crump requesting the City Council to reverse the decision of the Planning Commission denying Application lo-z-69 under Resolution No. 640. 10-z-69 appeal Attorney Dan Donovan appeared on behalf of the landowner, Mr. Cliff Simms, and the developer, Mr. Ward Cr'amp, and reiterated the history of the application. Mr. Donovan stated that he and his clients were cognizant of the points raised in opposition to this cluster development and he asked that the architect make the presentation of the plot and elevation plans, after which he reserved the right to rebut. The Council concurred. Mr. Goodwin Steinberg, architect for the project, explained the lay-out and elevations by the use Jf architectural renderings and stated that the activity areas drawn were true to size and scale compared to the residence provisions. The number of proposed units, the covered area and acreage, the open spaces, amenities and parking as well as land- scaping and access to the site were explained in great detail. When Mayor Dempster called for audience comments, Messrs. Kester and Knight, Mrs. Richard Hirsher, Messrs. John Holland and Claude de Luc voiced their opposition to the high density, the fact that the structures would dominate the landscaping, the possibility of having to remove I certain trees now in existence, the necessity to preserve as much open audience space as possible, access off and onto Palm Avenue from the development,comments and urged the Councilmen to preserve the natural setting as much as I possible and to explore the criteria of retaining the site for a possible purchase by the City for another park site. Attorney Donovan stated in rebuttal that the area covered by concrete would be 32.05% under the cluster development plan as opposed to a covC'rage of 32.6% had the site been developed with Rl units; that there was now more open space provided for because of the Flood Control District requirerr£nts of some four acres out of a total eleven acres; that the so provided easement was not at all convenient for riders and horse trails and that there are other areas in this City for park sites. Coundlmar. FitzgE:rald moved, Councilman Noel seconded and it was passed p. h. unanimously to close the public hearing. closed ~ Councilman Beaven stated that this development appealed to him parti- cularly as it was directed toward a special family unit, those whose children are grown and have left home and that he was impressed by the development. Alao, that he appreciated the difficulty as encountered by the developer in regard to the restrictions imposed upon the site by the Flood Control District. Mr. Beaven stated his favoring the application. page 6 appeal upheld l3-Z-69 legend p. h. closed Minutes of the City Counci.l June 2, 1969 Appl. lo-z~69 appeal cont'd CC-15 Councilman Fitzgerald stated that one of the major objections had been the lack of sufficient access as well as ensuing traffic problems but that these problems, in his opinion, could be solved. Mr. Fitz- gerald emphasized that the audience comments 8ho'~d be directed to the Flood Control District rathelthan to this Council and that he felt that the development would be a definite asset to the community. Councilman Stokes stated that cluster developments were the developments of the future and that he had favored them many y~ars ago as they would be the very best tool to attempt to prevent insufficient open spaces. Mr. Stokes commented that he would willingly buy the site immediately if the funds were available to afford the City another park site; however, that the City Council was, meanwhile, facing inverse condemnation by not allowing the developer to build the units on the site. Councilman Stokes that he very much liked the proposal but that he would rather see a park in that area for all the citizens of Cupertino. Councilman Noel stated that he had been a member of the Park Chain Planning Council and that, at that time, none of the people oppqsing the project tonight had appeared at those meetings; in fact, the Council had been disbanded for lack of funds as the citizenry was unwilling to expend such funds. City Attorney Anderson gave advise as to further procedure should the City Council wish to uphold the appeaL It would be necessary to approve the application, reverse the decision of the Planning Commission, and refer the matter back to the Planning Commission for a report at the next City Council meeting, without any further public hearings. Councilman Fitzgerald moved to follow the procedure as outlined by the City Attorney, Councilman Beaven seconded. The motion passed 4 - 1 with Council- man Stokes dissenting. Councilman Stokes qualified his "No" vote by stating that his vote was not against the development Or the developer, but as a protest to make some of the citizens aware of the fact that the open spaces are rapidly disappearing. D. Application l3-Z-69 from Leon Hayes for pre zoning of a portion of lot l09 from County General Commercial (CG) zone to Light Industrial (ML) zone. Approximately.o6 acre located on the south side of Lomita Street between Pasadena and Imperial Avenues. (Ordinance No. 441 on first reading). Mr. Hayes presented the application and the Senior Planner explained that the Planning Commission had approved the pre zoning with the statement that such approval would not precedent a revision of the General Plan. TherE were no audience comments. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to close the public hearing. Minutes of the City Council June 2, 1969 Applíc. 13-Z-69 cont'd Councilman Stokes moved for approval of Application l3-Z-69 and for the reading of Ordinance No. 441 by title only and that the Mayor's reading of same constitutes a first reading. Councilman Noel seconded and it was passed unanimously. Ordinances 1. Ordinance No. 441 had previously been disposed of. 2. Second reading of No. 440: Rezoning from single-family agricultural-residential l-acre lots (Al-43) zpne to single- famUy residential 7,500 sq. ft. lots (Rl-7.5) zone. Approxi- mately 4.99 acres located east side of North Blaney Avenue, some 800 feet south of ~unipero Serra Freeway. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Stokes moved for enactment, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Resolutions 1. No. 1797: approving payroll for the period ending May 20, 1969. City Treasurer Fitzgerald presented the payroll. Councilman Stokeb moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fi.tzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1798: approving miscellaneous and general expenditures. CC-15 page 7 13-Z-69 approved Ord. 440 second reading Ord. 440 enacted Res. 1797 adopted Res. 1798 City Treasurer Fitzgerald presented the list of expenditures. Council- adopted man S'okes moved for adoption, Councilman Noel seconded. Ayes: Councilman Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 3. No. 1799: annexation designated "Junipero Serra 69-3" Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen "Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Res. 1799 adopted page 8 Res. 1800 adopted Res. 1801 adopted Res. 1802 adopted Res. 1803 adopted Res. 1804 adopted Res. 1805 adopted Minutes of the City Council June 2, 1969 CC-15 Resolutions cont'd 4. No. 1800: annexation designated "Tawa 69-1" Councilman Noel moved for adoption, Councilman fitzgerald seconded. Ayes: Councilrr.en Beaven, Fitzgerald, Noel, Dempster Noes: None Absent: None Abstain: Councilman Stokes 5. No. 1801: annexation designated "Brown 69-4" Councilman Stokes moved for adoption, Councilman Fit.zgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 6. No. 1802: accepting from George Ahamnos a quitclaim deed and authorization for extracting of underground water from property; located on the northwest corner of Portal Avenue and Stevens Creek Boulevard. Councilman Noel mùvçd for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 7. No. 1803: accepting from George Ahamnos dedication of real property for roadway purposes located or thè northwest corner of Stevens Creek Boulevard and Portal Avenue Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 8. No. l804:accepting from Takeyuki Toma a quitclaim deed and authorization for the extraction of underground water from property located north end of Portal Avenue near Junipero Serra Freeway Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 9. No. 1805: accepting from Ditz-Crane a grant of easement located in Somerset Square, Unit No.2, Tract 4658. Councilman Stokes moved for adopti~ Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Minutes of the:: Cit.y'· Counc:i.l J\.::.ne 2:; 1969 Resolutions cont'd 10. No. l806: approving final ~ap of tract No. 4695, Woods West; accepting certain drives, places, avenues amd roads; author- izing t~e City Clerk to sign the final map; and authorizing the agreement in connection therewithe Councilman Stokes moved for adoption, Cmmcilman Fitzgerald seconded. Ayes: Coundlmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: Ncn,e Absent: None CC-15 page 9 Res. 1806 adopted 11. No. 1807: approving final map of Tract No. 4643, Camada Manor; Res. 1807 accepting certain drives, places, avenues and roads; author- izing the City Clerk to sign the final map; and authorizing the agreement in conned ion therewith. Councilman Stok6S moved for adoption, Councilman Fitzgerald seconded. Ayes: C01XQcilrr£n Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: NOD6 adopted 12. No. 180B: approving fi.nal plan for thè improvement of frontage Res. 1808 at the scutheaat corner of Homestead and Stelling Roads; author- izing thE1 City Engineer to sign the final plan; and authorizing execution of agre€ment i.n .connection t.herewith. Councilman Stokes mov~d for adop";ion, Councilman Fitzgerald seconded. Ayes: Co\mcìlmen Beaven, Fitzgerald, Nod, Stokes, Dempster Noes: None Absent: None 13. No. 1809: granting a variance to Kevin M. McCarthy to reduce residential rear yard s'etback to 14 feet from required 20 feet; located at 10490 Oakville A"<7enue. Councilman Stokes moved for adoption, Ccuncilman Fitzgerald seconded. Ayes: Councilmen Beaven. Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Unfinished Business A. PI'o¡)erty surerey cwithin tt.e City of Cupertino by R. L. Polk Company Mr. Arch Posten represented the applicant and submitted a copy of the questionnaire which is to be utilized by the enumerators. The Councilmen questioned the use of the verbiage "City Directory" as this was not a census being taken by the City of Cupertino, as well as the word "Urgent" on "_he face of the pamphlet, but most particularly the questions that were being asked which had been prompting citizens to call city Hall in protest and opposition. adopted Res. 1809 adopted survey page 10 request approved with conditions Res. 1810 adopted Res. 1811 adopted attendance authorized Minutes of the City Council June 2, 1969 CC-l5 Unfinished Business cont'd The Councilmen felt that the way in which1he questions were being asked as well as the questions per se were an invasion of privacy and that this was the reason for the applicant's being requested to appear as complaints from citizens had repeatedly been received. The applicant stated that the forms were being revised and that anything not meeting the Council's approval would be deleted. Councilman Fitzgerald asked if the applicant could guaraatee that this list would not be sold to various mail order houses; the applicant's reply was negative. Councilman Stokes said that he objected strenuously not only to the identi- fication and the word "urgent" but also to the questions being asked. Mr. Stokes emphatically stated that this survey was not being conducted for purposes of a City Directory and that citizens should not, under any circumstances, be led to believe that this was an official census, the law making it illegal to refuse answers to an official census taker. Councilman Stokes moved to approve the request with the following conditions: 1) that Item B not be used at all; 2) that under Item C the enumerator must make the statement immediately that this is not an official City survey and that the homeowner is not required to answer any of these questions at all. Councilman Fitzgerald seconded and it was passed unanimously. Mayor Dempster inquired of the Council if they wished to take action on the salary resolutions and the Budget for the next fiscal year. Councilman Stokes requested that action on the Budget be delayed. Councilman Beaven moved for adoption of Resolution No. 1810, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Councilman Stokes moved for adoption of Resolution No. 1811, Councilman Noel seconded.. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None New Business Councilman Beaven moved to authorize the Mayor's attendance of the annual Mayor's Conference in Pittsburgh, Pennsylvania, Councilman Noel seconded and it was passed unanimously. Report of Officers There were no further reports from the City Attorney, the City Manager or the City Treasurer. D. Director of Public Works modification Councilman Stokes moved for approval of a modification of the sidewalk approved standards on Linda Vista Drive adjacent to lots 158, 159, 160 and 161 in Baywood Terrace No. 3 on the recommendation of the Director of Public Works for lowering the slope of the driveways. Minutes of the City Council June 2, 1969 GC-15 page 11 Report of Officers cont'd Mayor Dempster stated that the City had been represented at the Santa Clara County Water Conservation District and that the decree had not been in favor of the City. Mr. Dempster suggested that the City Council consider giving the City Attorney authority to perserve the City's legal rights if the administrative remedies have in fact been exhausted. Councilman Stokes so moved, Councilman Fitzgerald seconded and it was passed unanimously. Counsel receives authorization There were no further reports from the Senior Planner or the Building Department. G. Director of Parks and Recreation parks Mr. Parham requested authorization to pay $l,OOO to Mr. Eldon Beck in connection with the Hillside Park development. Councilman Beaven moved for such authorization, Councilman Fitzgerald seconded and it was passed unanimously. H. City Clerk - Finance Director clerk On introduction and explanation of the Work Study Program Off-Campus Project Agreement with San Jose State College by City Clerk - Finance Director Ryder, it was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that the City Manager be authorized to sign said agreement on behalf of the City of Cupertino for the year ending June 30, 1970. program authorized Councilman Noel moved for adjournment, Councilman Stokes seconded and it was passed unanimously. The meeting adjourned at 12:10 a.m. adjournment APPROVED: ATTEST: