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CC 02-17-69 CITY OF CUPERTINO, State of Cali~ornia 10300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD FEBRUARY 17, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was ~alled to order at 8:05 p.m. by Mayor Noel, who subsequently led the assemblage in the flag 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 Inspector Benevich; Director of Parks and Recreation Parham; Record- ing Secretary Lucie M. Matzley. Councilman Dempster moved, Councilman Beaven seconded to approve the minutes of February 3, 1969 as printed. The motion passed 4 - 0 with Councilman Noel abstaining. City CleÈRyder advised the Councilmen of receipt of the following wrttten communications: 1. Letter from Wilbur A. Stevens, President of the "Village Gent" of 1004 South Blaney Avenue, requesting permission for the installation of two coin-operated pool tables at that address; 2. Protest against annexation known as "Cordova 68-9" signed by five individuals and stating that the total assessed valuation constitutes over 5~ as exhibited on the last assessment role. Councilman Dempster moved, Councilman Beaven seconded and it was unanimously to refer the request for installation of pool tables staff for a report. cc-4 call to order flag salute roll call minutes approved written c ommuni cat ionl passed to report requested Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to defer discussion of the protest as well as an additional communication against "Cordova 68-9" to Item IV C on the listed agenda. Report of Commissions A. Planning Commission In the absence of Planning Chairman Frolich, Senior Planner Laurin submitted the minutes of February lO, 1969 and explained each applic- ation and the action taken in connection therewith. Mr. Laurin also explained that the Planning Commission had discussed the Light Industrial Ordinance and that some concern had been expressed about the Council's conditions as imposed upon Application 25-Z-68. deferment planning page 2 matter deferred joint meeting requested Minutes of the City Council February 17, 1969 cc-4 Planning Commission cont'd City Attorney Anderson advised that, since this was a report by the Planning Commission, the City Council had the option to either consider a change in its previous conditions or let them stand unchanged. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to discuss the matter in conjunction with the Ordinance as listed on the agenda. Mr. Laurin further stated that the Planning Commission requested that he attempt to contact the County Planning staff in an effort to jointly plan the Foothill Boulevard area. According to Mr. Laurin, this undertaking had been attempted previously but because of the fact that in- herent matters had changed, Mr. Laurin suggested that a fresh attempt should be made. Councilman Stokes was of the opinion that the entire ares should be planned and that no isolated spots should be considered, especially in view of the fact that mapping was now available and this area should be considered in light of densities and the like and certainly not in a piece-meal fashion. Mr. Stokes felt that the first necessity, the maps, had now been met and that the City Council would now have to decide upon the criteria by which both Planning Department and Planning Commission could be given specific directives. Councilman Stokes moved that the staff notif¥ the Planning Commission that the City Council desires a joint meeting and to suggest possible meeting dates. Councilman Fitzgerald seconded and it was passed unani- mously. h control B. Architecture and Site Control Application 393~HC-69 was briefly presented and discussed. Chief Building Inspector Benevich corrected the agenda listing for Application 383-HC-68 correction by stating that the size of the sign should read 54" x 64t" as opposed to the reported 20" x 64". The Councilmen asked that Mr. Gene Lacey, the applicant, make the present- ation. Councilman Beaven pointed out that the sign had grown from the originally submitted size and wondered if a sign of this size was actually necessary for Mr. Lacey's operation. Mr. Lacey replied that the sign had been reduced in size from that which he had utilized in the City of Cupertino for the past three years in that it now showed 6" high letters for "Investments" and "Homes", 11" letters for the word "Realty" and that the highest letter of the word "Lacey" was 21". Mr. Lacey felt that he was within his rights to have a sign this size especially since it had not been thought of as overpowering in the three years of its past existence. Minutes of the City Council February 17, 1969 cc-4 page 3 H Control cont'd Councilman Beaven asked if the drawing as submitted was true to size. The applicant replied that it was not as it had been submitted by the artist too late to have been changed for true proportions by the applicant. Councilman Beaven objected to the fact that the Council should have to decidecn anything that is not true to dimensions and that, in his opinion, this drawing was misleading" Mr. Lacey told the Councilmen that he could move the sign to the right or to the left of the chimney which move would necessitate the removal of an existing tree, a method which he wanted to avoid. Councilman Stokes asked about the 8:30 a.m. to 5:30 p.m. office or operatiœ hours and wondered about the request for a lighting of the sign after office hours. Mr. Lacey stated that this was for secu rity purposes only as the building abutted a dark alley and he did not wish to encounter any security problems. Councilman Stokes did not see any~ objections to the sign but did object to the lights. Councilman Dempster stated that, in his opinion, the parking area would have to be lighted and it would be more objectionable to the neighborhood than those for the sign. Council- man Stokes agreed in part but could not understand why the sign lights would contribute to the security of the building. Mayor Noel said that, in his opinion, this light was no different fro Christmas lights but that he would prefer a timer on the lights to be switched off at a certain hour of the night. Application 395-HC-69 was briefly discussed. Staff explained that this application had been denied by the members of H Control because no evidence of hardship had been presented under the provisions of Section 10.4 of the Sign Ord~nance. Councilman Stokes reminded his fellow Councilmen that the applicant had been made aware of the fact that the structure would not qualify for a pole sign at any time and that at the time of the original approval the applicant had agreed to this condition. 395-HC-69 Application 330-HC-68 was also briefly discussed. 330-HC-68 Councilman Fitzgerald moved to approve H Control minutes of February 13, 1969, Councilman Dempster seconded. minutes approved Councilman Stokes requested that the record show that he is opposed to the lights on the Scofield Associates (383-HC-68) application. Mayor Noel agreed to the extent that a timer be placed on the lights. Councilman Stokes moved to amend the motion to include the install- ation of a timer on Application 383-HC-68. Mayor Noel seconded. It was ascertained that no time limit had been set for the timer. Council- men Noel and Stokes withdrew their second and amendment, respectively. The original motion was passed unanimously. motion passes page 4 Minutes of the City Council February 17, 1969 CC-4 parks C. Parks and Recreation Commission There had been no meeting of this Commission; there were no minutes. Public H~ari~gs 28-TM-68 appeal A. Appeal by R. Cali and Bros. from the denial by Planning Commission on January 13, 1969 of Application 28-TM-68: Denying the granting of a Tentative Map for approximately 7.11 acres located at the northwest corner of McClellan Road and South Saratoga-Sunnyvale Road. Mr. Tom Henderson made the presentation explaining the Tentative Map as well as the reason for the Planning Commission's denial of the application. According to Mr. Henderson, the Planning Commission had felt a necessity for an additional street, a condition to which the applicant did not wish to adhere. City Engineer Boyd explained the reason for the requested street as this proposal is a portion of the neighborhood plan and that the distance from the proposed only other access to Sunnyvale-Saratoga Road would be far too long to remain acceptable. Also that, contrary to applicant's belief, an additional street would not place an additional traffic burden on McClellan Road or Sunnyvale-Saratoga Road. Staff maintained that the neighborhood plan was a good one, precedents for which had previously been set. When requested to do so, City Manager Storm explained that at the time of the original discussions of this project Terry Drive's extension to Sunnyvale-Saratoga Road had been deemed necessary; this necessity had subsequently been incorporated into the neighborhood plan by staff. Mr. Storm questioned the necessity for this additional road at this time although the length of the block without another egress/ingress was considerable. Councilman Fitzgerald remembered that, at the time this parcel was zoned, there had been a buffer between R3 and commercial zones and the street had been taken out. He also questioned the necessity for the additional road. Mayor Noel was concerned that an additional street would necessitate an additional traffic signal. There were no audience comments. p.h.closed Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Stokes stated that he was opposed to another street as the neighborhood plan had worked successfully for some eight years without the necessity for another street. Councilman Stokes wondered if the parcel would be split into three lots, cautioning against the possibility of non-access to lot two if no additional access is provided. Minutes of the City Council February 17, 1969 28-TM-68 appeal cont'd City Attorney Anderson agreed with Mr. Stokes' concern and stated that this was the principal reason for the State legislation to re- quire these necessities for tentative maps and development plans as they would provide a guarantee that parcels would not be split later without access to a public street. The applicant volunteered to make the entire proposal for just one parcel if this was the desire of the Council. City Attorney Anderson stated that, no matter what was decided, another tentative map would need to be submitted. Councilman Stokes moved for approval of Application 28-TM-68 with the conditions as set forth in Planning Commission Resolution 598, with the exception of that resolution's condition l3 which is hereby deleted, with the understanding that this tentative map be revised to either show just one parcel, or that parcel B show an additional access to either McClellan Road or Sunnyvale-Saratoga Road whichever the applicant prefers, and that the revised tentative map be sub- mitted to the Planning Commission. Councilman Fitzgerald seconded. Councilman Beaven disagreed in principle and went on record as favoring a half street. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None B. 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. (Ordinance 426 on first reading under VII-A-l). Staff briefly explained the proposed annexation, stating that no written protests had been received. There were no audience comments. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Dempster moved that Ordinance 426 be read by title only and that the Mayor's reading of same constitutes a first reading. Councilman Stokes seconded and it was passed unanimously. C. Annexation designated "Cordova 68-9". Approximately 2.94 acres located at the southeasterly corner of Cordova Road at the intersection of Cordova Road and San Juan Road. (Ordinance 427 on first reading under VII-A-2). Staff reported that a previous tally of protests received had totalled an excess of 50% against the annexation, but that a letter from Mr. and Mrs. Ausmus, who withdrew from the petition under date of February 17, 1969 and are now in favor of annexing to the City, brings the total percentage of protests to 36.61%. Further, that additional oral pro- tests from the audience, if any, would now be in order. CC-4 page 5 28-TM-68 app roved with conditions Rae Lane 68-6 legend p.h. closed Ord. 426 first reading Cordova 68-9 legend 'Page 6 Minutes of the City' Council February 17, 1969 cc-4 Cordova 68-9 cont'd Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to file the letter from Mr, and Mrs. Ausmus. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to file the protest as previously read by the City Clerk under "Written Communications". Mayor Noel called for audience comments. Mr. Alfred L, Norman of 10680 Cordova Lane told the Councilmen that the petition protesting the annexation had been circulated last Saturday and that the Ausmus withdrawal C!U!le as a shock to him. However, there is a requirement that proper notices of proposed annexations be given to property owners of record. Mr. Norman stated that this hs,d not been done and that his company, the American Plan Servicing, Inc. had not received such required notification. For that reason Mr, Norman declared this meeting to be illegally held and requested its termination. Staff was requested to compute what percentage this additional protest would generate; the reply was that the percentage would fall much below the required 50%. Mr. Norman stated emphatically that he had not been notified as requtred and that, if this meeting would continue, litigation would ensue as the City Council was supposed to protect the interests of all citizens within the City's boundaries, and that each citizen had a right to fully investigate matters of such importance. City Engineer Boyd commented that a letter of notification had been mailed to American Plan Servicing, Inc, albeit at a date later than those mailed to other subject property owners. The reason for this was that this firm did not have a registered address usually found through normal local sources. The Notice of Public Hearing, however, had been duly advertised. When asked to do so, City Attorney Anderson reiterated same of the points raised by Mr. Norman. According to Attorney Anderson, it would be Mr. Norman's privilege to take this matter to court if he sc desired. So far as the staff report was concerned, it was Mr. Anderson's opinion that less than the required 50% for denial of the annexation was in existence and all legal notices had been given individual property owners. Mr. Norman requested that a copy of the letter of notification as written by the City staff be incorporated in the record as part of his testimony before the Council this evening. p.h. closed Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Minutes of th~ Cìôy Council F~bruary 17, 1969 Cordova 68~9 cont"d Councilman Dempster stated that Mr, Norman" s very presence at this meeting constituted his prior knowledge of the proposed annexation and that, had he not been notified, he would not be here this evening, Mr. Dempster felt that it did not matter when Mr, Norman was noti- fied, only that he was notified. Also, that he had registered his protest, th~t the City Council had recognized his protest, but that the percent~ge was still short of 'the required 5c1,. Councilman Dempster moved th~t 'Ordinance 427 be read by title only and that the City Attorney's reading of same constitutes a first reading, Councilman Fitzgerald seconded and it was passed unani- mously, Ordinances. Items 10 and 2" Ordinances 426 and 427, respectively, received previous dis~ositions, 3. No, 428: Prezoning from County Residential Single-Family (Rl-lO) zone to General Commercial (CG) zone, Approximately .59 acre located northeast corner of Foothill Boulevard and Cupertino Road. CouncilmsnFitzgerald moved, Councilman Dempster seconded that the Ordinance 'be read by title only and that the Mayor's reading of same constitutes a first reading. The motion passed h - 0 with Councilman Stokes abstaining. 4, No. 424: Amending Section 1 of Cràinance No. 2 by reclassi- fying a certain portion of the City of Cupertino from Rl-20 Al-43 and Rl-7.5 zone to Rl-lO (single-family residential with 10,000 sq.ft. minimum lot area) zone. Approximately 1,224 äcres located on the north side of Lindy Lane, about 100 feet west of Terra Bella Drive. Councilman Fitzgerald moved, Councilman Stokes 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. Counctlman S'tokes moved for enactment, Councilman DeJl',:1ster seconde<'.. Ayes: Councilmen Beaven,Dempster, Fltzgerald,Stokes, Noel Noes: None Absent: None 5. No 425; Amending Section 1 of Ordinance No.2 by prezoning a certail" portion of the County from Residential Single- Family (Rl-lO) zone within the County to General Commercial (eG) zone when annexed to the City, Approximately 4 acres located east side of Foothill Boulevard, west of Palo Vista Road, south of Bellevue Avenue, north of Ramona Avenue. cc-4 page 7 Ord. 427 first rea.dtn¡ Ord. 428 legend first reading Ord. 424 legend second reading Ord. 42h enacted Ord. 425 legend page 8 second reàding Ord. 425 enacted Ord. 329(a) 6. legend second reading Ord.329(a) enacted Ord. III legend second reading Ord. III enacted Res. 1750 adopted Minutes of the City Council February 17, 1969 cc-4 Ord. 425 cont'd Councilman Dempster moved, Councilman Stokes secondeò 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 Dempster moved for enactment, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None No. 329(a): Amending Ordinance 329 by including therein an area previously excluded from the requirement for the installation of underground utilities in a certain portion of the City known as "Vallco Park". Councilman Stokes moved, Councilman Dempster 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 Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald,Stokes, Noel Noes: None Absent: None 7. No. III, to be known and cited as the Business Licenstng Code, providing for the continued licensing of businesses, trades, professions and other activities, whether or not conducted for profit; establishing schedules for taxes and fees; prescribing penalties for viàL~tion thereof; and repealing all conflicting ordinances and provisions thereof. Councilman Stokes moved, Councilman Fitzgerald seconded and it WRS passed unanimously that the Ordinance be read by title only and that· the MÐyor's reading of same constitutes a second reading. Councilman Stokes moved for enactment, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None ResoJutions 1. No, 1750: approving payroll for õhe period ending February 15, 1969. City Treasurer Fitzgerald presented the payroll. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Minutes of the City Council February 17, 1969 Resolutions cont"d 2. No. l75l: approving miscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of expenditures. Coun- cilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None cc-4 page 9 Res. 1751 adopted 3. No. 1752: accepting dedication of real prorerty for roadway Res. 1752 purposes from Raphael Garcia Rodrigues and Valentina Sanche? Rodrigues. Councilman Stokes moved for adoption, Councilman Dempster seconded. Ayes: Councilman Beaven, Dempster Fitzgerald, Ptokes, Noel Noes: None Absent: None adopted 4. No. 1753: accepting dedication of real proc>erty for roadway Res. 1753 p11rposes from Walter L. Jensen, as Trustee of the Employee~' Profit Sharing Plan of the Barnhart CO¡¡¡struction 0,ompany. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None adopted 5. No. 1754; requesting initiation of nev lep'lÛ"tion to revtse Res. l7~;4 or amend existing inequities in the laws 0:' the State of California pertaining to the assessing and. taxing of real property. City moved Ayes: Noes: Absent: Manager Sto!"!n explained the Resolution. C0u!1cìJ.manFttzgerald for adoption, Councilman Beaven seconded. Councilmen Beaven, Dempster, Fitzgereld, Sto~es, Noel None None 6. No. 1755: accept ing dedicat ion of re21. 'Jroperty for road,·e.:t ¡:mrposes from Southern Pacific Company. Councilman Stokes moved for adoption, CClUlcilDen Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 7. No. 1756: accepting dedication of real property for roadwB:' purposes from Southern Pacific Company. adopted Res. 1755 ado~?ted Res. '.756 Councilman Stokes moved for adoption, Councilman Fi,tzgerald seconder:. ado,ted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None page lO I-TM-69 legend l-TM-69 approved mot ion amended 25-TM-68 legend Minutes of the City Council February 17, 1969 cc-4 Mayor Noel called a recess at 9:35 p,mo The meeting reconvened at 9;45 p,mo Unfinished Business L Application I-TM-69 from Sutter Hill Development Company for a Tentative Map; approved by Planning Commission Resolution Noo 601 on January 27, 1969. Councilman Stokes explained thaõ this application had been discussed at the last Council meeting at which time the applicant had been requested to return to this body with an indication of precisely what was planned for all of the four lots, Mr, Jack Taylor of Sutter Hill Development Company explained that th€ center parcel would be occupied by AlbeI tson' s Market; one parcel would be sold to a service station; the one next 'to it would be occupied by a liquor store and other shops; and the fourth would, in all probability, house a "iSuper Drug" store 0 According to the applicant, only the Albertson' s Market lease was firm at this time, all others are anticipated. Councilman Stokes stated that he was not opposed to the tentative map but insisted upon a condition for approval by which there will be no building permit issued for the service station, until the balance of the project is under construction, On that basis, Councilman Stokes moved for approval of Application 1~TM-69, Councilman Dempster seconded. The applicant wondered if the condition could be modified to such an extent that Albertson's could submit their plans to the building department as they were ready to do so now, and not grant a building permit for the service station until other construction has commenced, Councilman Stokes amended his motion to read that the building permit for the service station will not be issued until Albertso~'s Market and the adjoining market are under construction. Councilman Dempster seconded and the amendment passed 5 - 0, after which the original motion passed unanimously, Councilman Stokes cautioned the applicant that no serviee station Use Permit had been requested and that no apPIoval of such a Use Permit is indicated by this action, The motion was predicated upon the applicant's statements solely to insure the applicant's knowledge of the conditions that shall be imposed on the service station if and when an application is submitted, 2. Application 25-TM-68 from Ward Crump for a Tentative Map. Approved by Planning Commission Resolution No, 584 on November 12, 1968. Mr. Crump stated that he had filed a rezoning application with the Planning Department which he would withdraw if this Tentative Map were approved at this meeting, but which would continue in force if the Tentative Map application were denied by the Council, Minutes of the City Council February l7, 1969 Unfinished Business cont'd City Engineer Boyd related the results of the contacts that had been made with the Flood Control District on behalf of this application and that the City had done everything that could be done short of ignoring the requirements stated by Flood Control. According t~ the City Engineer, two alternatives are still open for a successful solution to the problems facing the developer, and that Mr. Crump was aware of these alternatives. The City Attorney cautioned that an approval of the Tentative Map would constitute an ignoring of Flood Control's requirements and would leave the City liable for any future claims for damages resulting therefrom. Mr. Dan Hutlinger of 770 North Winchester, Realtor and interested citizen, asked questions relative to flow capacities, which were answered by staff. cc-4 page 11 Councilman Stokes moved for denial of Application 25-TM-68 in accord- 25-TM-68 ance with the applicant's statements that he could not possibly develop denied the property under the conditions placed upon the submitted map by Flood Control. Councilman Fitzgerald seconded and it was passed unani- mously. 3. General Plan for Monta Vista Mr. Walter Ainsworth, Realtor, stated that he had reviewed the amendments to the originally submitted plan and that he had no jections to any portion of same. monta vista general plan proposed 00- Councilman Fitzgerald moved, Councilman Dempster seconded and it was passed unanimously to close the public hearing on the general plan for Monta Vista. p.h. closed Councilman Fitzgerald moved that this plan be referred back to the referral Planning Commission, Councilman Stokes seconded and it was passed unanimously. Councilman Stokes moved to give minute order dJrective to the Planning directive Commission to include the changes as suggested by the Senior Planner. Councilman Fitzgerald seconded and it was passed unanimously. 4. Status of Library Plans City Manager Storm explained that he had no further information on the progress of the approval of the library plans by Sacramento, but that he was hoping for a report within a short time. There was no new business. library page l2 treasurer manager attorney pub.works engineer clerk Res. 1725 rescinded Minutes of the City Council February 17, 1969 CC-4 Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager Mr. Storm elaborated on his written report and defined his meeting with the imported water contractors at which meeting an increase for the cost of underground water was felt necessary. Mr. Storm also reported on a proposed meeting with the Highway Commissioner in connection with the construction of the West Valley Freeway extension. C. City Attorney There was no report. D. Director of Public Works There was nothing further in addition to the written departmental report. E. City Engineer Mr. Boyd reported that the mapping was now completed and showed indi- vidual topographic maps for the perusal of the Council. There were no reports from the Senior Planner, from the Chief Building Inspector and from the Director of Parks and Recreation. 1. City Clerk - Finance Director City Clerk Ryder explained that the City Council hsd adopted Resolution No. 1738, accepting a certain quitclaim deed and correcting the owner's name listed incorrectly on an earlier adopted Resolution. Councilman Beaven moved, Councilman Dempster seconded and it was passed unsnimously to rescind, by minute order, Resolution No. 1725. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to adjourn the meeting. adjournment The meeting adjourned at lO:37 p.m. APPROVED: ~~ Mayor, c1Í:y of ~ '^~ upertino ATTEST: 6a.ß City Clerk