Loading...
CC 05-19-69 CITY OF CUPERTINO> State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD MAY 19, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, GAL. The meeting was called to order at 8:05 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 R(creation Parham; Recording Secretary Lucie M. Matzley. Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to approve the minutes of May 5, 1969 as submitted. The minutes of the adjourned regular meeting of the City Council of May 12, 1969 were approved unanimously upon the motion by Councilman Noel and the second by Councilman Beaven. City Clerk Ryder advised the Councilmen of receipt of the following written communications: 1. Letter from Ward Crump Developments, appealing Planning Commis- sion denial of Application 10-z-69; 2. Resolution initiated by the City of Monte Sereno to the Santa Clara County Board of Supervisors, urging the enactment of the remaining portions of the County land development regulations; 3. L€tter from R. L. Polk & Company, requesting permission for the annual canvass to be conducted in the City of Cupertino. CC-13 call to order flag salute roll call approval of minutes minutes approved written communicat ions Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unanimously to schedule the public hearing for appeal of Planning public hearing Commission denial of Application 10-z-69 for the June 2, 1969 meeting. scheduled Councilman Beaven moved, Councilman Noel seconded and it was passed unanimously to file the remainder of the correspondence. When Mayor Dempster called for audienc~ communications, Mrs. Esther Shields of 22437 st. Andrews, Cupertino, reported that there were continuing occurrences of residents leaving their campers in the drive- ways resulting in unattractive appearances. She asked that the City Council consider the passing of an Ordinance prohibiting, eliminating or preventing this situation. Councilman Noel moved, Councilman Beaven seconded and it was passed unanimously to refer this matter to the City Manager for a report. report requested page 2 planning 8-TM-69 approved 9-TM-69 presented I Minutes of the City Council May 19, 1969 CC-13 Report of Commissions A, Planning Commission Planning Commission Chairman Hirshon presented the minutes of the May 12, 1969 meeting, Application 8-TM-69 was discussed briefly, Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 8-TM-69, Mr, Ralph Ramona presented Application 9-TM-69. When asked for his comments, Senior Planner Laurin reported that the only change from the original application was the change in condition #19. Councilman Stokes recalled that, at the original zoning of this property, one of the conditions had been to secure the authorization for the crossing of the Southern Pacific railroad tracks before approval of Unit #2 would be considered. Mr. Ramona explained that the original map had been approved two years ago but that, since that time, there had been a tremendous demand for development of the second unit, which had not been anticipated this early but which was now requested. Mr. Ramona emphasized that the request for the crossi~g of the tracks must be initiated by the governing bodies and that the developer would furnish a bond by which, should the City be unable to secure permission from the Public Utilities Commission to let Bubb Road cross the Southern Pacific track, the developer would provide for the permanent extension of Bubb Road east of the track to McClellan Road. Considerable discussion ensued on the subject of the permission to be obtaineè from the Public Utilities Commission ant the authorization by the Southern Pacific representatives and it was ascertained that all conditions and guarantees needed are contained in conditions #18 and #19 as listed in the Planning Commission Resolution No. 644. There was a question as toward whom the financial responsibility for the extension of Bubb Road would fall should the City be unable to receive permission from the Public Utilities Commission. Councilman Stokes recalled that, at the original zoning meeting, one of the conditions had b~en that the developer would provide for the extension of McClellan to Bubb Road and that he would be opposed to the City's participation in the cost for the crossing. Councilman Noel felt that, since the matter would be guaranteed by bond, the developer could not be asked to do more at this time and that the negotiations with the Public Utilities Commission might take a long time during which the developer would provide for the easement. When Councilman Stokes questioned if the developer was willing to put in a permanent two lane road at the present time to the satisfaction of the Director of Public Works but not necessarily limited to the two lanes, the applicant replied in the affirmative, Minutes of the Cíty CouncH May 19, 1969 Application 9-TM-69 cont'd Councilman Fitzgerald moved to approve Application 9-TM-69 subject to the 12 Standard Conditions plus the additional conditions as listed in Planning Commission Resolution No. 644 to condition #19 inclusive. B. Architecture and Site Approval Committee H Control Chairman Small presented the minutes of May 14, 1969 and briefly discussed the actions taken on each application. Councilman Noel moved for approval of Application 322-HC-68, Council- man Fitzgerald seconded and it was passed unanimously. Application 391-HC-69 was briefly discussed and approved upon the motion by Councilman Noel and the second by Councilman Fitzgerald. Councilman Noel moved for approval of Application 402-HC-69, Council- man Stokes seconded, and the motion was passed 4 - 0 with Councilman Dempster abstaining. Councilman Noel moved for approval of Application 404-HC-69 and Application 409-HC-69 combined on the basis that they are both part of the same site, Councilman Fitzgerald seconded and it was passed unanimously. CC-13 page 3 9-TM-69 approved h control 322-HC-68 approved 391-HC-69 approved 402-HC-69 approved 404-HC-69 409-HC-69 approved Mr. Mike Mikul presented Application 407-HC-69 explaining that the colors of the parapet would not be as shown but considerable more sub- dued and in colors compatible to the surrounding structures. Councilman Fitzgerald moved for approval of Application 407-HC-69, Councilman 407-HC-69 Beaven seconded and it was passed unanimously. approved Councilman Noel moved to apprave Application Application 410-HC-69, Councilman Beaven seconded and it was passed unanimously. Application 4n-HC-69 was approved upon the moti.on by Councilman Beaven and the second by Councilman Noel and passeè unanimously. In discussion the Committee's action on Application 4l2-HC-69, the Council felt that palm trees would not conform to the remainder of the surrounding structures. Councilman Noel moved for approval of Application 412-HC-69 with trees to be installed to the satisfaction of the City's Building Department. Councilman Fitzgerald seconded and it was passed unanimously. C, Parks and Recreation There had been no meeting of this Commission; there were no minutes. Public Hearings A. Application l2-Z-69 from Claude T. Lindsay, Inc. for rezoning of property from single-family agricultural-residential l-acre lots (Al-43) zone to single-family residential 7,500 sq.ft. lots (Rl-7.5) zone. (Ordinance No. 440 on first reading). 41O-HC-69 approved 4n-Hc-69 approved 412-HC-69 approved parks l2-Z-69 legend page 4 p. h. closed 12-Z-69 approved Ord. 440 Ord. 439 second reading Orð, 1132 enact ed ~ Res. 1793 adopted Res. 1795 adopted Minutes of the City Council May 19, 1969 Application 12-Z-69 cont"d CC-l3 There were no additional reports from the staff nor were there any audience comments. Councilman Noel ~oved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Fitzgerald moved that Application 12-Z-69 be approved and that Ordinance No. 440 be read by title only and that the M5;)or"s reading of same constitutes a first reading. Councilman Noel seconded and it was passed unanimously. Ordinances. 1. First reading of Ordinance No. 440 had previously been disposed of. 2. Second reading of No. 439: rezoning from agricultural-residential single-family l-acre lots (Al-43) zone to residential single-family 7,500 sq. ft. lots (Rl-7.5) zone and prezoning a certain portion of the County from agricultural-residential single-family 40,000 sq.ft. lots (County Rl-40) zone to residential single-family 7,500 sq.ft. lots (Rl-7.5) zone. Approximately 5.79 acres located east side of Bubb Road north of Regnart Creek. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to read the Ordinance by title only and that the Mayor's reading of same constitutes a second hearing. Councilman Fitzgerald moved for enactment, Councilman Beaven seconded. Ayes; councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Resolutions 1. No. 1793: approving payroll for the period ending May 6, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes; Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. l795: accepting quitclaim deed and authorization from Valley Green Company. Councilman Beaven moved for adoption, Councilman Fitzgerald seconded. Ayes; Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: Nom: Absent: None Minutes of the City Council May 19, 1969 Resolutions contÚd 3. Noo 1796: approving miscellaneous and general expenditures CC-13 page 5 Res. 1796 City Treasurer Fitzgerald presented the list of expenditures. Council- adopted man Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Unfinished Business Mr. Walter Ward General Manager of Vall co Park, expanded on a pre- viously submitted application for a petting zoo at Vallco Village, which zoo would contain some seventy fully domesticated animals which the children could pet. In order to make this zoo economically feasible, the sponsors of the zoo had asked for permission to furnish six rides for youngsters for which admission would be charged. The zoo would be free to all.and the rides would be free to all handicapped children. According to Mr. Ward, the merchants of Vall co Park had enthusiastically endorsed this endeavor and the operation would be safe,clean, insured and without any connotation of a carnivaL Mr. Ward also asked to be permitted to pay the first day'~ fee as required by the Business Licensing Code and have i.t apply for the entire length of the occurrence. Councilman Noel moved tv approve the application with the understandin that the first day's fee of $200 be applicable to the period for which petting the application is granted. Councilman Fitzgerald seconded and it zoo granted was passed unanimously. Mayor Dempster called a recess at 9:30 p.m. The meeting reconvened at 9:40 p.mo On upanimous consent of the Council, and by order of the Mayor, the listed business was taken out of agenda order and the Director of Public Works was asked to submit his report. Director of Public Works Yarborough reported on tentative map bound- aries with the notation of "not a part of the subdivision". After some discussion on the subject, Councilman Fitzgerald moved that the Council approve the policy permitting the notation "not a part of the subdivision" as long as the needs of public safety and welfare are met by obtaining the necessary dedications, street improvements and development fees. Councilman Beaven seconded and it was passed unani- mously. Mr. Yarborough also reported on the matter of the Foothill Boulevard resurfacing and suggested that the staff be authorized to proceed with the resurfacing of Foothill Boulevard by negotiated purchase order utilizing the contractor submitting the lowest of three quotations. Councilman Beaven moved for seconded. Ayes: Noes: Absent: such authorization, Councilman Dempster Councilmen Beaven and Dempster Councilman Fitzgerald, Noel,'Stokes None recess change in listed order policy approved authorization defeated page 6 open bids requested traffic plan approved motion amended Minutes of the City Council May 19, 1969 CC-13 Report by PublIc ,¡orks Director cont'd Councilman Noel moved to direct the staff to let the project to open and competitive bids. Councilman Stokes seconded and it was passed unanimously. Mr. stewart Cortez, the Assistant Construction Manager for Sears, Roebuck and Company, presented a rendering for the proposed channelization of Stevens Creek Boulevard and explained the traffic circulation as well as the access to the construction. The Council questioned who would bear the responsibility for the cost of the new median strips. Mr. Rober~ Owens, representing Sears, told the Council that it was his understanding that the City of Cupertino would pay for the median strip and the signalization and those costs connected with anything other than the ones for the Sears side. City Manager Storm disagreed stating that he thought the City might agree to put the traffic light to the north, take care of the stacking lane and of the median strip to the north end of Wolfe Road. Councilman Beaven commented that the proposed break in the median strip did not make any sense to him at all as the ensuing stacked-up traffic would tie up rush hour commuters on Stevens Creek Bo~evard for long periods of time. Councilman Noel reminded the assemblage that the Sears project would bring some $100,000 a year in sales taxes alone to the City of Cupertino and that the City could surely afford to pay for the cost of the median strips which had been estimated at $42,000.00. Councilman Stokes agreed stating that many a municipality surrounding Cupertino would have given a lot more than the cost of a street improvement program to welcome Sears into its environs. Councilman Stokes did, however, voice his reservation and stated that, in his opinion, the cost of the proposed new signalization on Wolfe Road should be borne by the property owners of the four corners as well as by the City on an equal share basis. Mayor Dempster agreed with Councilman Stokes that the five-way split of costs would be reasonable. The applicant stated that the request was not unreasonable but contended that it had been his understanding tÈat the City would bear the entire cost. Councilman Beaven was concerned that the return in revenue might not justify the split in the median strip and might set a precedent. Councilman Noe11!lOved to approve the traffic plan with the City paying the expense of the relocation of the divider strip on Stevens Creek Boulevard and on Wolfe Road from the intersection of Stevens Creek Boulevard to the proposed new signalization and that a five-way split be instituted with the City and the four property owners on the corners for the cost of the signalization. Councilman Stokes seconded. Councilman Stokes amended the motion to read that this be the intention of this City Council subject to the preparation of plans and submission of costs. Councilman Noel seconded the amendment which passed 4 - 1 with Council- man Fitzgerald voicing the dissenting vote. The original motion was then passed by a 4 - 1 vote with Councilman Fitzgerald dissenting. " Minutes of HlC City COilncil May 19, 1969 Reports of Offlccrs contid B. City Manilßcr Mrð Storm reportE,d on a propo.séù .survey of the Cit,y of Cupertino by R. L. Polk Company. Tn" Council felt tnat the represéntative of the survey company should make the report, personally. Councilman Stoke;.; mOïJed~ Councilman 1:'-1 t-'Z.Gerald sccondE:d and it was passed unammoubly to direct t.hee representative to 'OE present at the next meeting and that. t,ne maner be postponed for two weeks . Mr~ Storm also cEport,ed on the entrYHay from Auburn Drive to the farmland and r€,itc'ra"cd that a pectition had oe.or sL<bmitted requesting the clGS ing of Auburn Dri v¿ ~ According to ?lil c> Storm, this wu.s im- practical andwonl:i mean that the farmers would be prohi bited access to t.heir farmland~ He reccrnmE?nded that the entr7;' orrtn 1:he farm property from Auburn Drivc' be limited wi t.h the stipulation that no cars shall be parked in front of the existing residence. City Attorney Anderson agreed with the opinion as rEnQCrEQ by the City l''1anager" Councilman Fitzgerald moved tnat the petition be denied and that the City Council state specifically that tt'1e egre"ss and ingress if. 'that. area shall tEcE:ìve E,xclusi v€: use by the flov¡er growers in that areUð Councilman BEaven seconded and it was passed unanimously> C,. City Attorney Attorney Ander6cn sta,,,d that it was his réCOmmeC1Qatlon thatLI1E francb:se for the taxicab service for Cupertino be gra.rrt8d, a :public hearing for which will take place a't the nex't City Couúcil meeting. TherE' were nCJ additLJnal reports from the departr:ic~'.tu of the Pla.filleo-, the Cnief Building Inspector) the Director of Parks ation and the Ci'ty Clerk - Finance Director> Senior and Recre- i New BllS1nt:.62 -'--------- Mayor Demp.:;tE;I ,Stated tnat tne City Councìl had receiv8'd a rEport by the City· Mû.nagér :in connection with a self~'evaluation program, the cost, for wm~'r, ',muld be $500 pcr unit.. Accorciing to Ci'ty Manager Storm, thE: pt\Jgra..m'¡'là5 such that it, would tenefi" the employees and he recommended itd adopt-lon and the purchase of the units <, Councll:;nan B8¿rVE-n moved for of the recomrì'J,¿¡1ŒO:::(J. program~ passed unanimou;ly. li.¡:ip£oval of 't.he pure'hast:' of five t:.':'Lì ts Councilman Fi~zßcralQ Gecondcd anú it CC-13 page 7 manager matter deferred petition denied attorney W,J,c, "purchase authorized page 8 meeting scheduled adjournment Minutes of the City Council May 19, 1969 CC-13 Councilman Noel moved, Councilman Fitzgerald seconded and it was Dassed unanimously to adjourn the meeting to a budget study sesson on Monday May 26, 1969 at 7:30 P.M. in the Library Room of the City Hall. The meeting adjourned at 10:45 P.M. APPROVED: ATTEST: