Loading...
CC 03-17-69 I to appear before I Control of ¡written ! communi cat ions i i ! , cr'rY Ot' (;Ur.2I=t'I'Il~G, St~1:.e ,::;f ::jalifcrnía 10300 Torre Avenue, Cuperti~u, Caiifcrria Phone: 2.52-4505 95014 MINUTES m' THE REGULAR MEETING OF THE CITY COUNCIL HELD /lARCH 17, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 p,m, by Mayor Noel, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Dempster, Fitzgerald Stokes, Noel, Also present: City Attorney Anderson; City Manager storm; City C:Lerk - Finance Director Ryder; City Engineer Boyd; Senior Planner Laurin; Assistßnt Planner Eng; Chief Building Inspectcr Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M" Matzley, Counci~~an Stokes requested that the minutes of March 3, 1969 be corr~cted as follows: One page 4, paragraph 4, to read in part " . . that the Chairman of H Contt'ol should not approach the City C01mcil with problems but that tbese problems be decided at H Control level . ," CouncilmRn Stokes moved for approval of the March 3, 1969 minutes as corrected, Councilman Fitzgerald seconded ànd it was passed unanimouEly~ City Clerk Ryder advised the Councilmen of receipt of the following wri tte[; communi,cat ions: L PeÜtion signed by 21+ individuals appeaUng the Use Permit grnrted by the Planning Comminsion for an ItS-unit motel on the Harth side of Blaney Avenue and requesting a hearing or] the matter; .Letter from Richard Kehrig asking permission 't!,,~ City Council relative to the denial by H A:pp:L~at ion 309-HC-67; Letter from E.J. Burtnick, real estate representative for Gulf Oil Cc'mp".ny. appealing the conditions as imposed upon ,~pplicat:lon 25-U-68 for the location of the lube bay doors" 2, 3. Co'xncllInan Stokes moved, CounciJJnan Fitzgerald seconded and it was p"ssed "JnanimO'l'sly' that the two appeals be heard. on AprH 7, 1969. Mr. lru;"s~ing, the architect for the proposed library building, made e. reprJ!'t on the progress of the library construction and its status. I Accord.ing to ,Mr. BlaBsing, the plans had been returned from the state I vith cnly miDol', an+,icipated changes which had previously been I included in the plalw 'but had not been indicated by the County librarian because of lack of time in the submission stages. I cc-6 call to order flag salute roll call correction minutes approved ¡hearingS i scheduled ! page 2 worki.ng drawings aut.horized plann1.ng 28-TM-68 approved 2-TM-6o " approved 2-v-69 approved h cont.rol }93-HC-62 approved Minutes of the City Council March 17, 1969 cc-6 Oral Communications cont'd Mr. Blessing reported that his office had prepared the design development drawings based upon the suggestions and conditions as set forth by the City Council and that these plans are now ready and available for the Council's perusal. Mr. Blessing also submitted a scale moèel which he asked be left in the City Manager's Office, Mr. Blessing also reported that the delay in having the plans approved by Sacramento would not entail any substantial difference in the cost of the construction, as the designer had been sure of the validity of the design and if approval was received wi.thin a reasonable time to permit the letting of bids by the middle of September, the cost estimate had anticipated the current rate of price escalation of labor and material. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to approve the design development and to authorize the architect to proceed with the working drawings. Report of Commissions A. Planning In the absence of Planning Chairman Frolich, Senior Planner Laurin presented the minutes of March 10, 1969 and explained õhe actions taken in connection with the individual applications. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously' to approve Application 28-TM-68. CO\lIlcilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 2-TM-69. Councilman Stokes moved, Councilman Fitzgcrald seconded and it was passed unanimously to approve Application 2-v-69. B. H Control Since H Control Chairman S,nall h~d been absent from the meeting, acting Chairman .Juanita MeLaren presented the minutes of the March 12, 1969 meeting, Application 393-HC-69 was briei'ly discussed. Councilman Stokes moved for approval, CouncJlman Dempster seconded and it, was passed unsn:tmously. )/""8. McLaren explained that Application 309-HC-67 had previously been pOftponed becailse the appurtenances had protruded on the roof and a new design had been requested. Mayor 1:Del asked that Mr.. Kehrig present his case to the City Council as requested by his appeal which had been read Ul~der Written Communications. Minutes of the City Council March 17, 1969 H Control cont'd Mr. Kehrig stated that, since he had been unable to convey his proposal in a drawing, he had installed the screening on the roof with full knowledge of the absence of prior approval by H Control. He referred to financing difficulties that would be created should Council approval not be forthcoming at this time. Mayor Noel and the Councilmen referred to a report submitted by the Chief Building Inspector in connection with the application. Mr. Kehrig told the Councilmen that he had offered to post a bond for a period of twelve months which would guarantee his compliance with the requested rear screening if the proposed adjacent structure, which would render the screening invisible when completed, would not be built. Councilman Stokes indicated that he was disturbed by the fact that the applicant had been asked to appear before H Control with a report which had not been submitted. The applicant maintained that he had been unable to obtain the report and had proceeded with the install- ation in hopes of visually proving his intentions in regards to the screening of the appurtenances. Councilman Dempster moved for approval, Councilman Beaven seconded. Ayes: Councilmen Dempster and Beaven Noes: Councilmen Stokes, Fitzgerald, Noel Absent: None Councilman Fitzgerald moved that the application be returned to H Control for re-submission. Councilman Dempster seconded and it was passed unanimously. The applicant questioned what method of approach he was to follow as, in his opinion, he had done everything that was requested except the submission of the report. Mayor Noel stated that he and his fellow Councilmen felt that H Control was entitled to view the report and that the applicant's refusal to submit same had generated the denial. Application 396-HC-69 was briefly discussed. Councilman Stokes moved for approval, Councilman Fitzgerald seconded and it was passed unanimously . Mr. Thomas W. Ford of 2660 El Camino Real, Palo Alto, presented Application 398-HC-69 and explained the renderings for the proposal which is to be located adjacent to the Union Oil service station on Stevens Creek Boulevard and Bubb Road. Mr. Ford stated that the appurtenances are almost not visible, which generated a comment by Councilman Stokes that they either are or are not visible, there being no such thing as "almost not visible". I I I I I CC-6 page 3 motion lacks majority application referred back to h control 3 6-HC-69 approved page 4 398-HC-69 approved with condition motion amended 376-HC-68 approved l87-HC-69 approved pa.rks bellevue 68-8 Minutes of the City Council March l7, 1969 cc-6 H Control cont'd Discussion ensued relative to the necessity for a fence along the gas station property line. Councilman Stokes moved for approval of Application 398-HC-69 with the additional condition that a 4' slump stone fence be placed along the parking lot boundary line if the Chief Building Inspector determines that this lot is visible from stevens Creek Boulevard. Councilman Dempster seconded. Upon a request by the applicant, Councilman Stokes amended his motion to read that the applicant may substitute plantings instead of the slump stone fence if this is approved by H Control. Councilman Dempster seconded the amendment which passed unanimously, after which the original motion passed 5 - o. Application 376-HC-68 was briefly discussed. Councilman Beaven moved for approval, Councilman Dempster seconded and it was passed unanimously. Councilman Beaven moved for approval of Application 187-HC-69 after a brief discussion, Councilman Dempster seconded and it was passed unanimously. C. Parks and Reereation Director of Parks and Recreation Parham presented the minutes of the March 12, 1969 meeting explaining that the meeting had been devoted to a study session of the capital improvement matters and that a report had been submitted to the City Manager. Public Hearings A. Annexation designated "Bellevue 68-8"; approximately 5.56 acres located on the west side of Palo Vista Road, south of Stevens Creek Boulevard. (Ordinance No. 429 on first reading) As no protests had been received, Councilman Stokes moved to close the p.h.closed public hearing, Councilman Dempster seconded and it was passed unenimously. Crd. 429 first reading maynard 68-7 p>h.closed Ord. 430 f'irst reading Councilman Dempster moved that Ordinance No. 429 be read by title only and that the Mayor's reading of same constitutes a first reading. CounciJ- man Stokes seconded and it was passed unanimously. B. Annexation designated "Maynard 68-7"; approximately l.l2 acres located on the south side of Ricardo and Miramonte Roads. (Ordi- nance No. 430 on first reading) As no protests had been received, Councilman Dempster moved to close the public hearing. Councilman Stokes seconded and it was passed una;Ümously, Councilman Dempster moved that Ordinance No. 430 be read by title only and that the Mayor's reading of same constitutes a first reading, Councilma,n Stokes seconded and it was passed unanimously. Public Hearings cont'd I cc-6 page 5 I I Application 24-z-68 from Apostolic Pentecostal Temple, \ 24-z-68 Arthur Lind and Bill Mitchell for rezoning of property legend from Residential Single-Family 6,000 sq,ft. lots (County i i Rl-6a) zone to General Commercial (CG) zone. (Ordinance i No, 431 on first reading) Councilman Dempster moved, Coundlman Fitzgerald seconded and it was I p. h. passed unanimously to close th, public hearing. I closed Councilman Dempster moved that Ordinance No. 431 be read by title lOrd. 431 only and that the Mayor's reading of same constitutes a first reading[first Councilman Stokes seconded and it was passed unanimously. readung I Ordinances Minutes of the City Council March 17, 1969 C. Items 1., 2. and 3. had previously been disposed of under "Public Hearings". 4. Second reading of No. 393: Providing salaries for the members Ord. 393 of the City Council in accordance with the provisions of section 36516 of the Government Code, State of California. Councilman Dempster moved for enactment, Councilman Stokes seconded. enacted Ayes: Councilmen Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Abstain: Councilman Beaven Resolutions 1. No. 925-34: authorizing the ~yor and the City Clerk to execute a Transfer of Title of the Vallco Park Sanitary Sewerage System in the Cupertino Sanitary District. Res. 925- 34 Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald,Stokes,Noel Noes~ None Absent: None adopted 2. No. 1381-40: accepting deed from Foothill Junior College District for public street purposes. Res.1381-40 Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Dempster, Beaven, Fitzgerald, Stokes, Noel Noes: None Absent: None adopted page 6 Res. 1761 adopted Res. 1762 adopted Res. 1763 adopted Res. 1764 staff explains right of way Res. 1764 adopted with cOl;ditions Minutes of êhe City Council March 17, 1969 cc-6 Resolution~ cont'd 3. No. 176l: approving payroll for the period ending March 15, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 4. No. 1762: approving miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 5. No. 1763: approving final plan for the improvement of frontage of the northwest corneT of Portal Avenue and Stevens Creek Boulevard; authorizing the City Engineer to sign the finaJ plan; and authorizing execution of agreement in connection therewith. Councilman Stokes moved for adoption, Councilman Dempster seconded, Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. No. 1764: approving final map of Tract No. 4658; accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign final map; and authorizing execution of the agreement in connection therewith. In his explanation of this final map and resolution, City Engineer Boyd reported that the right of way as shown upon the final map was 15 ft. in width in conformance to the conditional approval of the tentative map for this subdivision. This right of way is provided to complement the existing 15 ft. right of way which is adjacent to and presently within the jurisdiction of the County of Santa Clara. Since the final result will be a 30 ft. right of way for University Way, and since the southerly half of this street presently exists as a dedicated right of way which has not been accepted for County maintenance, it is suggested that the northerly 15 ft. be left in the same status by the City of Cupertino. Therefore, it is suggested that the City of Cupertino accept the final map as submitted showing the establishment of a 15 ft. right of way, but in enacting such acceptance, specifically state that University Way is not accepted for City maintenance. Councilman Dempster moved for adoption with the condition that University Way as shown is not accepted as a City maintained street although it is accepted as an offer of dedication. Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 7. No, 1765: granting a variance to Stoneson Development Corporation for fence or wall in front yard area from 3' to 5" and 6' 10"; located southwest corner of Blaney and Lucille Avenues. \CC-6 page 7 I ! ! iRes. 1765 Minutes 0'" t>he City Council March 17, 1969 Resolutions cont~d ';ouncilman Stokes moved for adoption, Councilman Fitzgerald seconded, Ayes; Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None adopted i There was no unfinished business. I New Business i Councilman Stokes stated that there had been many new concepts and I innovations ir. high density developments but which could not be intro- duced in Cupertino because of the low density requirement of R-3 zoning. He was not in favor of a change in the density of "the zoning but felt tllÐt possibly special areas such as those next to freeways, industrial parks, commercial areas, etc. could have such developments as their best possible use, He moved that the Planning Department conduct a study as to how such a plan could affect Cupertino, its traffic, schools, etc. and to make a report on the findings, The motion was seconded by Councilman Dempster and passed unanimously. study equested Mr. Alf Modine told the Co'~cilmen of a scheduled meeting of the Tri- County Apartment Zoning Corporation, to be held March 18, 1969 at '7:30 p.m. at the St.Claire Hotel, on the topic of "Ways and Means of Regional Government". According to Mr. Modine, the pros and cons 0:1: the topic would be discussed with Mrs. Gayle Douglas speaking for the matter and Mr. James Donati defining the possible opposing points. Report of Officers A. Treasurer There was no furt.her report. B. Cit.y Manager reasurer nager City Manager Storm reported that the Sutter Hill Development had offered the City $1 per square foot for the purchase of City land within its development at StelliTl{ and Homestead Roads for a total of $6,942.00. Mr. Storm suggested that a counter offer be made for a flat $7,000 purchase price. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to accept and authorize the City Manager's re- commendation ecommendatior ccepted page 8 attendance approved county ordinance adopted Minutes of the City Council March 17, 1969 I City Manager's Report cont'd , cc-6 Mr. Storm also reported on the Gallery Water Charge and asked per- mission to attend the necessary meetings with the City Attorney and Mr. Roll so as to present the City's position in the controversy. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to authorize these individuals to attend the meetings on behalf of the City. City Manager Storm reported that a County Ordinance had been enacted providing for the inspection of all local swimming pools by the Health Departmwnt. These services would be provided to Cupertino in conjUnction with those for the County if the Council would adopt the Ordinance 'as authority for enforcement by the County. It was moved by Councilman Stokes, seconded by Councilman Dempster and passed unanimously that the City of Cupertino adopt the provisions of County Ordinance No. NS-514 as being applicable to the City of Cupertino and to authorize enforcement of it by the County Health Department. attorney C. City Attorney There was no report from the City Attorney. engineer E. City Engineer ,Councilman Dempster moved, Councilman Beaven seconded and it was passed improvement I unanimously to give minute order approval to the acceptance of improve- accepted ments on Tract 4416, The Woods, Unit #2; and Tract 4382, Somerset Square. city Manager Storm asked that the agreement be authorized for execution by the Mayor and the City Clerk in connection with the relocation of the pole line by PG&E from the newly acquired park site. agreement authorized joint meeting Councilman Beaven moved, Councilman Dempster seconded and it was passed by voting 3- 2 to authorize the execution of said agreement for moving the pole line at a cost of $2,410.34. Ayes: Councilmen Beaven, Dempster, Noel Noes: Councilmen Stokes and Fitzgerald Absent: None There were no oral reports in addition to those previously submitted in ¡writing from the departments of the Senior Planner, the Chief Building Inspector, the Director of Parks and Recreation and the City Clerk - Finance Director. Councilman Dempster moved for adjournment to 7:30 p.m. on Monday, March 31, 1969 for the joint City Council - Planning Commission meeting. Councilman Beaven seconded and it was passed unanimously. Minutes of the City Council March l7, 1969 CC-6 page 9 The meeting adjourned at 9:26 p.m. adjournment APPROVED: MaYO~~! C~~ ATTEST: