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CC 03-03-69 \ c~t~ a~ cu~er~~nc. state o~ California 10100 Torre }wc;n14C, ç"'p"Tt'ma, c.., Horn'-" Phõne: 252-4505 9S0~4 (è<'.-') MIIDJT'ß<> OY "):"ffi!. 'Ry.~'R ""';'<11''-",,'" <:>Y '= ~'TI. <:è<:>'W<:è1.'L m:U) MARCH 3, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. The meeting was called to order at 8:00 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute. call to ord~r f~ag salute Councilmen present: Beaven, Dempster, Fitzgerald, Stokes, Noel. Also present: City Manager Storm; City Attorney Anderson; City Clerk - Finance Director Ryder; Director of Public Works Finney; City Engineer Boyd; Senior Planner Laurin; Assistant Planner Eng; Chief Building roll call Inspector Benevich; Director of Parks and Recreation Parham; Record- ing Secretary Lucie M. Matzley. Councilman Beaven requested that his statements made at the previous council meeting in connection with his being in favor of a half-street for Applicat ion 28-TM-68 on 'Cage 5 of the minutes of February l7, 1969 be included on that page. Councilman Stokes stated that the last line of the last paragraph on page 4 of those same minutes in connection with this same applic- ation should read "Non-access to lot two if no additional access is provided". Councilman Stokes moved, Councilman Beaven seconded and it was passed minutes unanimously to approve the minutes of February l7, 1969 as corrected. approved Mayor Noe~ stated that he had been asked to recognize a group o~ Girl Scouts, but would defer such recognition until ~ater as a member of the group was delayed. City Clerk Ryder advised the Council of receipt of the ,following written communications: 1. Letter from Santa Clara County Girl Scout Organization asking for the Mayor's signature upon a proclamation announcing the "Girl Scout W..ek"; 2. Copy of Resolution from the City of Monte Sereno to the Board of Supervisors asking that the County close the public hearings on a certain land development Ordinance, discontinue disc~ssion of same and enact the Ordinance; 3. Letter from Charles Knight, Superintendent of the cupertino School District, thanking the City of Cupertino for authorizing the installation of traffic control signals at the Voss! Foothill Boulevard intersection. written communication Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to file the communications. Mayor Noel indicated that he had several oral communication requests. He recognized Mr. Buck Norred first. "" page 2 Minutes of the City Council March 3, 1969 CC-5 r~ , Oral Communications cont'd ~ Mr. Norred reviewed the steps by which his operation had moved to its present location because of the correct zoning and the property owners' insistence that this property was zoned for the operation of stables; a subsequent request by the City to obtain a license for the operation of the business; extension periods for certain requirements to be met because he had been out of the State; a further City request to obtain a Use Permit, application for which had been made to the Planning Commission and deferred to a later time. Then, finally, a close-down order by the City because the operation was in violation of City requirements and Ordinances. Chief Building Inspector Benevich concurred with Mr. Norred that the operation had been adjudged in violation of City Ordinances and that he had presented a close-down order to the operation. However, it was Mr. Benevich' contention that this matter would come up for discussion at the March 10, 1969 Planning Commission meeting. Councilman Stokes felt that the City Council had ruled on this matter previously and that there was no need for further consideration. According to Councilman Stokes, the minutes of the January 6, 1969 meeting indicate the Council's approval of the continued operation of this application until the existing Use Permit application is ' decided by Planning Commission action. Mr. Stokes said that the operation was authorized to continue its operation subject to the condition with a Business License being held in abeyance until that time. /"'-----.'1 ~. Mr. Dan Hutlinger of 770 North Winchester Avenue, a Realtor, stated that he was representing himself as well as having been authorized by a California Corporation to speak on their behalf on a map, which he displayed. Mr. Hutlinger pointed out the area under discussion and stated that some years ago the property owners in the area had been totally against annexation to any City but had, in the interim, changed their minds and now wish to be considered for annexation to Cupertino. He said there was opposition to being annexed to the City of Saratoga but declined to give reasons. Mr. Hutlinger stated the property in question was before LAFCO for annexation to the sewer district but anticipated a condition to be attached for approval that there also be an annexation to a City. He had information that the condition might specify City of Saratoga. He requested an indication from the Council that the City of Cupertino would look favorably on a petition for annexation to Cupertino and such a statement to be presented to LAFCO at its meeting the following day. When requested to do so, staff reported that at the forthcoming meeting LAFCO would merely need to state that this land be annexed to "a City" rather than stipulate to the "City of Saratoga". City Engineer Boyd maintained that the problem was a technical one in that the City of Cupertino gave tentative approval to a boundary agreement between Cupertino and Saratoga although this agreement had, to date, not been ratified by Saratoga and was st:IJ),l in the hands of the Planning Policy Committee, I~ ,--' Minutes of the City Council March 3, 1969 CC-5 page 3 Oral Communications cont'd Councilman Stokes felt that it was entirely feasible for LAFCO to rule on the annexation of this piece of land to the sanitary and fire districts without defintely having to stipulate a City such as nCupertinon or USaratogav~.. City Attorney Anderson felt that the property owners' requests for annexation to the City should be treated with utmost respect and consideration but that a boundary agreement, once it has been entered into between two cities, should be honored in all instances. The applicant stressed the fact that no additional postponement was possible as this matter had previously been postponed on two different occasions and that an additional postponement was not feasible. However, that no definite City stipulation need be made by LAFCO at its meeting the following day. Councilman Stokes moved that the staff represent the City of Cuper- staff to re- tino at the LAFCO meeting, reporting to them that this City Council present city has been approached by property owners with a request for annex- at LAFCO ation and that, upon LAFCO's favorable consideration of the annexation to the fire and sanitary districts, this authorization be worded without the stipulation of "annexation to the City of Saratoga". Councilman Fitzgerald seconded and it was passed unanimously. At this point, Mayor Noel recognized and introduced the members and representatives of the Girl Scouts after which a proclamation was read and presented for the Mayor's signature. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to declare the week of March 9th, 1969 as "Girl Scouts Week". proclamation Report of Commissions A. Planning Commission planning In the absence of Planning Commission Chairman Frolich, Senior Planner Laurin presented the minutes of February 26, 1969 and briefly ex- plained the action taken. The Planning Commission had set a date for the joint meeting requested by the City Council for March 31, 1969 subject to the Council's approval. It was the general consensus that the suggested date was satisfactory and the meeting was scheduled for 7:30 p.m. on March 3l, 1969. J In pointing out that Planning Commission Chairman Frolich had request d that the City Council appoint a substitute member to the Planning Policy Committee of the County, Councilman Stokes moved that the , Mayor be authorized to appoint such substitute member to the County Planning Policy Committee. Councilman Fitzgerald seconded and it was passed unanimously. meeting scheduled page 4 h control minutes approved parks Ord. 426 legend Ord. 426 enac ted Minutes of the City Council March 3, 1969 CC-5 B. Architecture and Site Control Committee H Control Chairman Small presented the minutes of February 26, 1969. Applications 394-HC-69 and 397-HC-69 were briefly discussed. Mr. Small told the Council that certain problems had been encountered with Appli- cation 309-HC-67 in that the building would now show a picket fence-like enclosure for the roof appurtenances; with the applicant pleading hardship. Chief Building Inspector Benevich reported that he had contacted certain subcontractors in connection with the roofing for this application and had received good cooperation from all. Councilman Dempster moved to continue this matter until the Chief Building Inspector has had sufficient time to work with the individuals involved. Motion died for lack of a second. Councilman Stokes felt that this seemed to be a matter of enforcing certain conditions of H Control's own l2 Standard Conditions and that, in his opinion, the Chairman of H Control should not approach the Council with problems that should be settled at the H Control level. According to Mr. Stokes, the very reason for H Control's existence is so that the City Council is not burdened with detailed review and the enforcement of certain conditions. Councilman Dempster concurred, stating that the conditions, as initiated by H. Control, should be en- forced to the letter. Councilman Fitzgerald moved, Councilman Dempster seconded and it was passed unanimously to approve the minutes of H Control under date of February 26, 1969. C. Parks and Recreation Commission There had been no meeting of this Commission; there were no minutes. There were no listed public hearings. Ordinances. 1. Second reading of No. 426: Annexation designated "Rae Lane 68-6"; approximately 11.83 acres located at the corner of Linda Vista Drive and Rae Lane, south of Rae Lane and west of Linda Vista Drive. Councilman Stokes moved that the Ordinance be read by title only and that the Mayor's rea.ding of same constitutes a second reading. Coun- cilman Fitzgerald seconded and it was passed unanimously. Councilman Stokes moved for enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Minutes of the City Council March 3, 1969 Ordinances cont'd 2. Second reading of No. 427: Annexation designated "Cordova 68-9". Approximately 2.94 acres located at the southeasterly corner of Cordova Road at the intersection of Cordova and San Juan Roads. Councilman Stokes moved that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Fitzgerald seconded and it was passed unanimously. CC-5 page 5 Ord. 427 legend Councilman Stokes moved for enactment; Councilman FitzgeraJd seconded~Ord. 427 Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel enacted Noes: None Absent: None 3. Second reading of No. 428: Prezoning from County Residential single-family (Rl-IO) zone to General Commercial (CG) zone. Approximately .59 acre locsted northeast corner of Foothill Boulevard and Cupertino Road. Councilman Dempster moved that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Beaven seconded, Councilman Stokes abstained and the motion passed 4 - o. Councilman Dempster moved for enactment, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Abstain:Councilman Stokes Absent: None Resolutions 1. No. l757: accepting dedication of real property for roadway purposes from Donald N. Pritzker. Councilman Dempster moved for adoption, Councilman Stokes seconded Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Ord. 428 legend Ord. 428 enacted Res. 1757 legend adopted 2. No. l758: accepting quitclaim deed and authorization from Res. 1758 Walter L. Jensen, as Trustee of the Employees' Profit Sharing legend Fund of the Barnhart Construct ion Company. Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None page 6 Res. 1759 3. adopted Res. 1760 4. adopted permit 1. requested approval meeting scheduled Minutes of the City Council March 3, 1969 CC-5 Resolutions cont'd No. l759ì, approving payroll for the period ending February 28, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None No. 1760: approving miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Dempster seconded. Ayes: Councilman Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Unfinished Business Request for permit to install two coin-operated pool tables at the Village Gent located at lo04l'South Blaney Avenue City Manager Storm re~rted that there were no foreseeable problems with this request and that he would recommend its approval. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to approve the request. 2. Joint meeting of the City Council and the Planning Commission This meeting had previously been scheduled for Monday, March 3l, 1969 at 7: 30 p.m. Mayor Noel stated that he had repeatedly been approached by Cupertino citizens as to the status of the library construction. Mr. Noel indi- cated that a year had passed and that no noticeable progress on the matter had been accomplished. City Manager Storm reported that he had been in contact with the County Librar1an as well as with the agency in Sacramento that would rule on the application. This agency had a great number of applications to review and an early reply from Sacramento was hoped for. Councilman Stokes told the Mayor that he and Councilman Dempster had been designated to stay in close contact with Mr. Blessing, the project architect, and that, contrary to appearance, the project was aJ,most on achedule and would, as far as could be detel'lÍlined at this time, not run too far behind schedule unless the delay in Sacramento would be longer yet. Minutes of the City Council March 3, 1969 CC-5 page 7 Unfinished Business cont'd Mayor Noel also requested some information on the status of the im- provement project of Blaney Avenue. City Manager Storm reported that nothing could be done as the majority of the citizens had decided against accepting the City's generous offer to improve their property frontage in return for a dedication of roadway of ten feet per propertyo Councilman Stok~s felt that this had been a preliminary hearing and that certain homeowners might have changed their minds in the meantime. Councilman Stokes moved that the City Engineer or the City Manager directive for contact each individual homeowner in an effort to ascertain their contact willingness to dedicate the necessary right of way and report back to the City Council with an indication of the percentage of homeowners for and against the proposition. Councilman Fitzgerald seconded and it was passed unanimousI;v. New Business 1. Ord. No. 393: Providing salaries for the members of the City Council, in accordance with the provisions of section 36516 of the Government Code, State of California Ord. 393 legend Mayor Noel stated that, in adherence to his wishes, this item had been placed back on the agenda after having been placed there and removed from same on several occasions. With this remark, Mayor Noel gave the floor to comments in connection with this proposal. Councilman Beaven stated that, as former Chairman of the Committee appointed by the'~n Mayor Stokes to study the matter of salaries for City Councilmen, he had originally' been absolutely opposed to a remuneration for Councilmen. Mr. Beaven related that meetings had been held and that registered voters had been invited and encouraged to express their feelings on the matter. According to Mr. Beaven, numerous people had appeared and it had been decided that City Councilman do, in fact, spend many hours on behalf of the City, attend many meetings, and generally give of their time and efforts most generously without any type of reimbursement for even out-of-pocket expenses. In his capacity as Chairman of the Committee, Mr. Beaven related that he had been convinced that City Councilmen should receive a salary for their services. With this in mind, Councilman Beaven asked permission to abstain from all dis- cussions and all further deliherations and that the record show that he wæ firmly in favor of granting the Councilmen a salary but that he now disqualifies himself from further discussion. City Attorney Anderson advised that this Ordinance could be read by the City Clerk under first reading and that it would be listed on the agenda for the next meeting under a second reading, as the law requires a period of at least five days between e. first reading and an enactment of an Ordinance. City Clerk Ryder read the Ordinance in its entirety. ordinance read page 8 Minutes of the City Council March 3, 1969 CC-5 Report of Officers treasurer A. City Treasurer City Treasurer Fitzgerald recommended and moved that, in accordance with past practice of equalizing investments in the four banks when interest rates were the same, that $155,000 be placed with Bank of America at 6è% and $100,000 with First Valley Bank at the same rate of interest with a maturity date of September 5, 1969, Councilman Stokes seconded and it was passed unanimously, City Treasurer Fitzgerald also reported that $63,000 of time deposits had receHeii a high 'bid from Wells Fargo B'mk at 6% with a maturity date of June 5, 1969 and moved that the award be made accordingly, Councilman Stokes seconded and it was passed unanimously. manager B. City Manager Mr. Storm elaborated on the copy of the resolution as p&ssed by the City of Monte Sereno that requested action from the Board of Super- visors in connection with the land development Ordinance in the County. Mr. Storm also reported on the letter he had received from Mr. Ed Cali by whtch Mr. Cali offered to not onIs' dedicate the necessary right of way for street construction purposes but also contribute $1500 for the installation of a sidewalk providing that certain conditions be met by the City, Councilman Beaven moved, Councilman Dempster seconded and it was passed unanimously to give minute order acceptance to Mr. Cali's request and that the conditions contained therein by which a certain fence is to be moved to a location selected by Mr.. Call, tuat the landscaping be re- located and that the City accepts $1500 for the installation of a sidewalk. It was understood and agreed that the City would contribute $500 for the sidewalk, that cost being what it would have been required to install a temporary walkway surface. Mr. Storm also reported on PG&E's cost for the relocation of a pole line along the City's easterly property line where the road comes in through the Hillside Park on McClellan Road. This relocation wnuld cost some $2400, which amount would need to be accepted within thirty days to avoid greater costs. It was the consensus that this matter could be discussed with PG&E for them to assume the full cost of relocation; the City Manager was instructed to negotiate, City Manager Storm also reported on a request by the Santa Clara Unified School District to de-annex certain property located in Vallco Park. According to Mr, Storm, thil! request il! not for the purpose of building school but for speculative purposes. At the time of annexation it was stipulated that de-annexing would take place if and when a school would be built there, Mr. Strom requested that the letter be answered. Councilman Dempster moved that the City Manager write a letter indicating that this City Council doel! not desire to de-annex this property and feels that it would be Injuroul! to the 1fallco Park plans and not in the best interest of the public if the request for de-annexation were approved. Councilman Fitzgerald seconded and it was passed unanimously, Minutes of the City Council March 3, 1969 Report of Officers cont'd Mr. Storm also stated thàt meetings had been held with the repre- sentatives of the County Water District and that he would recommend approval of the amended contract incorporating certain increased water rates and obligations for purchasing greater quantities of water as a method of meeting projected deficits of the Water District. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to authorize the Mayor and the City Clerk to sign the amended agreement. Mr. Storm reported that Mr. Stocklmeir had been quite ill but was continuing to solicit support to save Le Petit Trianon from destruc- tion. This has been to such an extent that the students at De Anza had requested permission to hold a carnival on the Saich property next to the Bank of America, proceeds of which are to go toward saving Le Petit Trianon; the carnival to be held on May 7, 1969. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the request to hold the carnival with the same conditions as set forth for the other carnival previously authorized for an earlier date. C. City Attorney Attorney Anderson stated that in the recently published Municipal Year Book thirty-eight cities in the United States had been listed as having had a population increase of more than 100% from 1960 to 1965; Cupertino had ranked eighteenth. There were no oral reports in addition to the previously submitted written departmental reports from the Director of Public Works, the City Engineer, the Planning Department, the Building Department, the Department of Parks and Recreation and the City Clerk - Finance Departmen t. Councilman Dempster moved for adjournment, Councilman Stokes seconded and it was passed unanimously. The meeting adjourned at 9:38 p.m. APPROVED: ~~~"'~ Mayor, ~ity of upertino ATTEST: ,,~,~~fî CC-s page 9 amended contract authorized carnival authorized attorney adjournment