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CC 01-20-69 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 JANUARY 20, 1969, IN THE COUNCIL CH&~ERS, CITY HALL, CUPERTINO, CALIFORNIA The ueeting Has called to order at 8:05 p.m. by Mayor Noel, who sub- sequently 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 Pa~ks and Recreation Parham; Recording Secretary Lucie M. Pætzley. Councilman Stokes corrected the minutes of the previous meeting as follows: On page 1 under "order to hold in abeyance", the last sen- tence to read in part "until a Use Permit has been applied for and approved or disapprovedll. CC-2 call to order flag salute roll call minutes co rrec ted Councilman Stokes moved for approval of the January 6, 1969 minutes as minutes corrected, Councilman Dempster seconded and it was passed unanimously. approved City Clerk Ryder advised the Councilmen that he was in receipt of the following written communications; 1. Letter from James T. Robert of the Cupertino Jaycees, advising the Council that the week of January 19th through 25th had been set aside as "National Jaycee Week" and asking that the City Council approve the official proclamation; Letter from Edgar L. Self, appealing Planning Commission decision on Application 26-Z-68, prezoning from residential to General Commercial zones; Letter from G. B. Philp, President of the Cupertino Jaycees, telling of their plans to hold a carnival, the proceeds of which are to be used for community needs. The proposal calls for the carnival to be held from March 19th to March 23rd on the Saich property in Cupertino. The letter requested per- mission to hold the carnival and requested further that the usual fees be waived by the City, as had been done in the past; Letter from Tom Henderson, Civil Engineer and representing the owners of the Cali property, appealing Planning Commission decision on Application 28-TM-68 under date of January 13, 1969 and asking that a public hearing be held on the matter on February 17, 1969. 2. 3. 4. In connection with 26-Z-68, City Clerk Ryder advised the Councilmen that he had exercised the prerogative granted him by the Council and advertised this matter for a public hearing at the next City Council meeting on February 3, 1969. written communica- tions hearing advertised page 2 declaration research requested hearing scheduled hearing scheduled addition proposed resolution resolution adopted letters filed welcome planning present- ation Minutes of the City Council January 20, 1969 CC-2 Written Communications cont'd Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to declare the. week of January 19th as "National Jaycee Week". Councilman Stokes recalled that there had been three or four carnivals conducted in the City last year and moved that the staff research the matter as to the disposition of the requests last year and a report back to the Council at the next regular meeting. Councilman Fitzgerald seconded and it was passed unanimously. (City Clerk's note: Motion rescinded later in the meeting). Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to schedule the public hearing for appeal on denial of Application 26-z-68 for the next regular meeting. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to schedule a public hearing for appeal of denial on Application 28-TM-~8 for February 17, 1969. Mayor Noel advised that he was in receipt of a written communication submitted by Mr. Louis Stocklmeir, whom he introduced to make the presentation of his request. Mr. Stocklmeir presented a proposed resolution, upon approval of which the week of January 15th through 21st, 1969 shall be known as "Cupertino- De Anza Trianon D1:J.Ys" in an effort to call attention to the fund raising program allowed the group attempting to save Le Petit Trianon. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously that the resolution be adopted. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed\'unanimously to file the balance of the correspondence. Mayor Noel welcomed a group of students from Lynbrook High School, who were attending the meeting of the City Council for credits in their Humanities courses. There were no oral communications. ¡ Rep.ort of Commissions II' A. I I Planning Commission Planning Commission Chairman Frolich presented the minutes of January 13, 1969 and explained that, relative to application 16-u-68, Sears, Roebuck and Company, the Planning Commission had reserved the right to render final decision on the matters of egress and ingress after the proposed traffic study has been submitted. Minutes of ~;he GitS COlmcil January 20 1969 Planning Co~~iEsion conLvd Mr. Edwa.rd 1L Jones, Execú.ti4~ Arcni1~ect fo: Charles Luclunan Associ- ates of LOB ¡'ngel~8, eJ\":plalned 'the r~nth~T:;'ngs and plot ple,ns stating that "the main buIlding 'N'culd be t·"o stP:d"s high, constructed of a tile sloped roof 'with I!. pe,ra.pet high .,nough to hide any needed "\.pp 11't- enances1 Spaniah 5~UCCö~ con~ret~ eav~s~ me,son£y wal15 and two entranc"s/extts on E'ac~, fo...!' sides of "i~e building. The automobile center to be e one-story s"tructure with ~h¿ same building materials to be used. My, Jones maintained that approval of the building design and site loce,tion was sought at t,h1.S tim.,,; &'lbject >.0 the approval of the traffic 6tudy, CG-2 pa,ge 3 l6-u-68 present- ation In anawer to r€:quests for clarif1cation, City Er.gineer Boyd stated that the requested traffic study report wO'Jld be ,submitted to staff for au Ma.lysis 3.nd th8.t ste.ff would sul:Hti:.t the matter to the City Cound,l clarification for tJ,:Jprovs.l prior to a:['pro,al of f1na,1 pla.."15. This would make 'the by staff approval of thlò U~". Permit possible àt this time, as time W8.£i of the es sence· ~ Questions were asked !'el~tive to precißely what needed to b~ rlòsolved. Di.rector of PublicWcrks Firlne.f ~xplaiIl"d the specific needs by the use of the aubmitted rende7ings; i.e, median breaks and the1r loca- problem tion; widths of truck route~; signalization; location of driveways areas defined with particular emphasis to the location of the gas pumpB in an attempt to avoid addlticn,Ù trð,ffi,~ congestion around the pumps. I Councilman Stoke" cautioned that the bùild.ing material would have to be either slumpston" or L1a&onry and t.hat the material should be specified by th~ ~pplic~~t. Mr. Stokes moved for approvAl of Applic- ation 16-u-63 with the following two changes: 1) subject. to "the traffic studj' which will b~ presented to staff receiving approval by the CIty COl1.ndl; 2) that t,he masonry wall be constructed of slump- stone. Cou.ncilman Dempster second"d 8Ild it we,s passed unanimously. B. Architecture and Site Gont,rol Committee H Control Chairman Small presented the m1.nutes of January 8, 1969 and briefly discussed each application. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 388-RC-68o Chairman Small advised the Councilmen that the members of H Control had encounter~d certain problems with Application 389-HC-68 in that this bdld~ng ¡i~.S a specula'Give construction with no particular tenant in mind and that the appurtenances were protruding above the roof line although they would be screened. CounciÔl1lan Stoke" suggested that th~, members of H Control might have misunderstood the Counc1l's dlrective 1n connection wi"th appurtenances visible ":beve the :èoof line and st¡,;c,ed tnat, in his opinion, this application had resolved tne problem of protruding equipment in as good a fashion I3.S possible. fie !oe'luested that a report be submnted back to the members of 101 Comrol clanfying tha,t the Council ùnly requested that 'equipment above the roof line be amply screened so it could not be Men from stre(,',,:; leveL l6-u-68 approved . ith ¡conditionS ~ control Ipresent- ation 388-HC-68 approved considera- at ions outlined directives isunderstood page 4 389-HC-68 approved 390-HC-68 ~rpproved. mlnutf>s presented. caution a.'ld rea,ding of minutes ¡mssibilitJ; of (' on1''.ls i on applicant's present- $tion direc,tional sign re- que~ted msyor ' s statement ÞllnutEs of th<: Ci:ty Co',meU Jan1¡<>.J:'Y:::O 1.969 CC-2 H Control cont'd CouncilmAn Stokes mov,,'d for a.pprG'\Tal of Application 389-HC·68 as presented on the E\Jbmitted plans 'nth the a1:rconditioning enclosure' bei.ng constructed of th€' swne !Ilð:terial as the canopy with t', minimum of a one foot parapet of the exterior wall around it. Councilm.an Fitzgerald seconded and it waB passed unanimous1y, Councilma.n Fitzgerald moved, Councilman Dempster seconded and it was pa~sed U7.lanimously to approve Application 390-HC-68. H Control CM.HIMI1 Small pre¡¡<;m.ed t::"e minutes of Noyember 13, 1968 rela,tive to Apph~l\tion 383-HC-68 as this portion of the minutes could not b~ approved previously becàu~~ of a pending appeal me~ter, The Councilmen ca;uti oued tnat 'there existed e. complete depart",re from the conditions i\'PpJi",d egalnst this ",.y>pl1cRtion becau~e of the Council's decizion on the rn,~t'.;er pð.rttc,llarl.:,r in reference to the Council's request that "there wUl bE' no physica.l changes to the exterior of the resldence £'rontin¿ on ßcofield Drl",~¡;. '!'he entire motion to approve this apþlics:ti.on 1l11lè.er m21,.ting date of January 8., 1969 was read by !Ije,yor Noel ror cl~x\fj,cÐtion a11d information to ihe audience, Counci~en Dempster~onjered If the application should not be returned to H Control for prc.¡;",ntatlon in onlerto avoid confusion, particu- larly sInce the 8,genda listl!'lg ~ras for a request fcr ~,pproval to "remodel existing residence", and no remodelIng 1,'as e,uthorized according to the "no physicl),l changes" lÕonditiono MEyor Noel rec,'gnized Mr. G€neLacey, the applicIDlt, in 'the audience and ú3ked the.t his presentation be maie at thls tirne 0 Mr. Lacey ;!;~p"logized for continually imposing upon the Council but stated that he he,d been advL;ed to present his plam. to H Control for appro· val of the appli C8,t ion, ·"hich he bad done, a ])rocedure be subse.iJ.llently found to be incorrect. Mr". r~cey expl&ined that no pbysic~l changes would be made to toe exterior. of thei:milding and that he contemplated the possibility of ha,ving only one sign, 17' x 2~' with the word" Lacey", as he has now on hie present office, In that connection, ~ir. L~,c"y' reque~t:ed that he be permitted the in- steollation of a duectional ,sign b~"'hich hiB client., "'C:\lid know the,t the p!lrking W"'$ !,I'oyjded in tbe rear of the building, Also, that the hro exis'tIng trees would l'eJ)l(tin, thl' garsge would be removed and some painting would be ~.pplted, but that. 'one buìlding wmld re1J1!!.ln as is in all other respects, !4ayor Noel advised the applicant that the Co~cil would not take any action relatJ.ve to anY' signs oth<!',r r.han the prohibition against having any f~cing Scofield Drive, as this question must first go before H ControL , to I unit" lo-ojection ,to wording ! ¡ 391-HC-69 ¡ ¡approved as amended , , . Minutes of t,,,,, City' Counc.il January 20, 1969 H Control cont'd Councilman Stokes moved for approval cf ApplIcation 383~HC-68 with the ccnditions as set forth regard1ng the front of the building, the fence to be removed for a park1ng lot, and that the required 6' masonry wall will bE' ccnstruct'2:d to the front of the hmlsc only /!J1d not be cont ioued to the street. It is also understood that painting and other iJnprovements normally made on a residence would be permitted. Counc1ll1\a.'1 J!'itzg£:'rald seco:!ded and it wag passed unanimously. {i Control Chairman Small 'presented the minutes of JMuary 15, 1969 and briefly explained the action taken. Councilman Stokes moved for approvâl of Apµlication 39l-HC-69 with the clarificatIon of the material to De used on the sluropstone walL CounciJ4nan Dempster seconded. Councilman Stokes objected to the l!U\terial to be used whi en as plit faced blocks could be the applic...nt· s statement relat i ve would be a "'rough textv.r<,d masonry included in that definition" After mutual agreement with the applic~~t, Counci~~ Stokes amended his mot ion to read "that the ma.sonry be of the same texture as pre- sented by the s.þplicant in the preBentaõ:1on". Co'Uncilmatl Beaven seconded the amendment which was passed unanimously, aft~r which the originel moti.on was passed 5 - o. c. Parks and Recreation There had been úo meeting of this Commission, there were no minutes. Public Hearill&£ A. Gener~l Plan for Cupertino-Mont a vista Pl6J1l1ing Area (con- tinued from January 6, 1969) Senior Planner Laurin ehowe1 the ~~isting General Plan, the actual existing uses ¡~d zonings, a~ well as the proposed General Plan by 11se of visu~l aids, and explaining each render1ng. Mayor Noel '~alled for audienc<J comments. 1CC-2 ¡ i ';Jage 5 I ( i383-HC-68 ¡'"pproved !with !conditions ! minutes ¡presented 39l-HC-69 motion to clarify pat'ks no minutes general plan legend staff present- . at ion Mr. Wal'ter iU~,aworth, Realtor, presented a protest petition signed by I seventeen property own,ers in 'thed.l'ea which is proposed for changes, ' e.11 of whom O~ a total of tl1irty-fouI lotI! ;in that area. Mr. Ainsworth res.d the petition and, atated that, although this had not been presented protest to the Planning Commission, the property owners strenuously objected I presented to the City' eadoption of a plan the,t would r"cder their property other than commercial, as commercial taxes had been paid on the properties anë. all sites wer" 1dthin fi-"e hundred feet from Stevens Creek Bo'(llevard.. page 6 c OIIDllent tax data cited prize paid motion to continue hearing questions on parks staff statement additiona.l waiting period hearing continued Ord.220(j) legend second reading ~ Minutes of the City Council Jan'la.ry ::0, 1969 GC-2 Public HeaTlng on General Plall cont 'cJ Mr. Lynde of 10628 Ainsworth Drive told the CouncH that he had recently purchased", lot in this ar·ea and that tlH ·..,ould sta:nd 'to lose some $20,000 if the plsn were approved. Mrs. Ann Anger said tbe,t she \'ould prefer to see uniform zonings and explained that, accordlnß to current tax data, the protestor3 did not pr"y such high te,xes as they were cle,iming. Mr, Ps,ris commented that he had property in this arell on which he h",d psiá. commerciP,l taxes 1'01' some yeDXs and for 'whIch he had paid a comroerci 13.1 prize. CounciJ~n Dempster said that he would prefer to continue the public hearing and refer the complaints and the petition to the Senior Planner who, ~,i th hi 6 background In olanning and together with his staff, coulrl attempt to find a solution to the complaints and make recommendation for sound planning. Councilman Dempster 1IIOved to continue the public hearing for thirty days. CouncIlman Fitzgerald seconded. Cound1.man Stokes stated that he had some questions relative to the proposed parks indice,ted Oil the future General Plan, wondering about their justification and indicating that, if the children could walk to school as far as they pT'esenvly do, they ca~ walk to the existing parks. Senior Planner Laurin replied that the par~s were proposed only on. a standard per capita ba.sis and would be slll8.:ï.l in size. Director of Perks and Recreation Parham reported that there was a possibility that several small sites preaently proposed for playgrounds could be combIned into one large park o;.,-ned by the public, but admitted that Cupertino currently was adequately supplIed with recreational and park . facilities, although they are not all well dispersed as those in other communities. Planning Commission Chairman Frolich stated that Mr. Lynde's application was before the Planning Commission at this time and has been held in abeyance p",nding the City Council's decision relative to 'the General Plan. The Council asked it' Mr. Lynde would be agreeable to an additional waiting period; the reply was in the affirmative. The motion to continue the public hearing for thirty days was passed unanimously" Ordinances. 1. Second reading of No. 220 (j): Amending Ordinance No. 220 and regulating General Commercial (CG) zones. I Counci.lman Dempster moved that the Ordinance be read by title only and I that the Mayor's r,;,ading of sams constitutes II, second reading. Minutes of f-Cf1,e City CouncilJ8.nuary 20? ::t369 Ordi.nan~es cant" d Qouncilman Dempster moved for enactment of Ordinance 220(j). Council- man Stokes ~econded, Ayes: Gouneilm.en Be&.ven, De:ropater,Flt2Berald.j Stokes,! Noel Noes: Nom> Ab sent: liç·ne Resolutions 1. ~o, 1736; Approving payroll for the period ending January 15, 1969 City Treasu~er F'itzgeralð presented the R€solutiono Councilman Dempeter moved ~or adoption, COUIJcilmAn Beaven seconded. Ayes; C(Ju."cilmen Beaven, Dempster, fitzgerald, Stokes, Noel Noes; None Absent, ÞJom, CC-2 page 7 Ord.220(j) ene,cted i IRes. 1736 I i ¡adopted I I ¡ i i / 2. No. 1737: Approving miscellaneous and géaeral expenditures. iRes. 1737 Ci ty Treasut',"r Fitzgerald presented the Hat of expenditures. Council- ¡ adopted man Stokes moved for adoption, Councilman Beaven seconded, Ayes: Councilmen Be,9,ven, Demp~ter, Fi.tzgerald, Stok~s, Noel Noes; Noa.., Absent: NODE, Mayor Neel called a recess at 10:00 p,m. recess The meeting reconven~d at 10:10 p.m. There was no 1JJ:f'inished businesa" Mr. Louis B. Lucae of 20669 $cofleld Drive> Cupertino, suggested that the excerpt (,f the minutes ".S read by Mayor Noel relativE' to Applic- ation 383-HC-68 was net a co~rçct ~epetition ef the motion made at the City Council meeting of JanuRry 6, 1969, which motion had been Dlß.de by CouncllmJJJ), Stokeso HI. Vû.cas Tequested that. he be permitted to listen j¡{, !,he tape of that me",ting, maintaining tha't the recorded :m.inutE'ß\lfere irlcorrect in that no mE:nt.ion hf.td been made in the o:dgi.I'8,J,1y- s';a.t..eJ, motion of restriding t.he remodeling prohibition to the port!_cn fadng Scofiéld Driveo COILilcilmIL'1. Stüke's saie, that, he ,,-as sure that the minuteB reflected the exact, wording ::¡é bad l1SN1., bu,: -¡,.M.t Mr. Lucas 'I/'9.S welcome to listen to the "it]:)" (i.J1.d instT'.lct€:d him to c<onte.ct tb"City Clerk for an appointmen t . Hr. Druce Philr of 10651 ./Qlfe Ro¡¡,d, P_resident of the Cupertino Jaycees, emp~a~ized that ~e was aware of the pròblems encountered ~(ith past c,arnt""Üs but that t.he fim: of Foley & Buck was contracted for the þf'oyosed -Jaycee cfJ.r¡Üval M<Ì thdt these people as well as officials f'r(')~ the Jaycees' TlTOul.d make certain that eV'erythlng would run SC'loothJ.y. He re<;.uested favorable consideration of the request for a permit for the c&J'!Jb'e.L ¡no old bus. 'correctness ,of minutes assailed invitation to hear tape carnival request re- submitted page 8 motion for pwrmit mot. ion withdrawn 'Permit authorized reduction of fee requested data ordered cOllnsél suggests review of ord,immce motion withdrawn treasurer no report. manager no report no further reports M.inutes 0f the city CO';J¡cil JamUJ.:ry 20, 1969 CC-2 INew Busi,ness cont" d Counctlm.o.n Fitzgerald moved to grant the, peMuit. s,fter the proper bonds hnve been provlded ß Cot,x\cil.nJan Dempst01" sec()nded~ Councilmen F'itzl?erald Ð,n<l Dempster wHbdr"w their motL)n 9,ncl second, respec'tively., I ¡ ¡Councilmen 1"1'i:;zgerald moved that the permit for 'the earn;",,), be ¡authorized af~er all ne~essar,\!' proc:d\1I'es have been tekE,a ca,re of ,and that the Í'O;¡,S be wa~ved. CouncJlman Besven seconded, Councilman Stokes absteuled; the motIon passed I¡ ~ O. Dr, WllliroJl Forbes stated that he and Dr. .Joe Brown had 811bmltt.ed a letter to the City asking that t.he requested :(:100 busin'-'Ð" lieense ¡fee be reduced to the $25 fee pxôviously cl1arged to Veterlnro-y ¡Clinics. ; ¡Discussion ensued on the subject of tt',,,! rel1.sonlne; for charging certain ¡fees to certain businesses and Councilman Dempste.r moved tn~t the ¡Ordil1l1O,ce governing the 1 icense f.;es be submitted to the Council ',lithin ¡fifteen dl\Ys together .,ith the history a5 to how the dedsion 14a,s reached and the logic and reasoning behind the individual chø..rges. ~Councilman Stokes $econdedo ¡ ¡City Attorney Anderson mentioned that other portions of the Business ¡¡i.cellse Ord.immce also 5hou.ld be reviewed in light. of recent litigation ,affecting another City" ~'urther, that he had submìtted 0, memorandum ¡to the staff indicating certain che.nges in the laws which should be ¡reflected in the Ord.inance to t~.ke care of these problems. The City ¡Manager confirm<,d this and sa.id the City Attorney had in hi,': possession la proposed complete revision of the busin€ss license Ordinences, and ¡if a.t all :pcssible, it would be on the agenda for the next. rne!~ting, 'Councilmen Dempster and Stokes withdrew their mot.j,on and second, res'Pectively, Re ort of Officers A, City Treasu:l'er There was no ~lrther report from that department, /B. CHy Manager Icit:r Mana.ger Storm had nothing to e,dd to his written report.. There were no additional reportÐ from the departments of t.M, City Attorney and the Director of Public Works. engineer IE. City ~'ngineer improvements¡coUncilln/ll1 Bef;;ven moved, Councilman Stokes seconded and it accepted unanimously to gi"" minute order approval to improvements ¡in conjunction¡.¡ith Tract I;.;), LI41~.. 1'he ,WOOdS' ! .~~\ was ]JElS sed con:~truct~~d Minutes of the City Council January 20, 1969 Report of Officers (City Engineer) cont'd. Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to authorize the release of improvement bonds for St. Jude Church. There were no further reports from the departments of the Senior Planner, the Chief Building Inspector, the Director of Parks and Re- creation and the City Clerk-Finance Director. Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously to adjourn the meeting. The meeting adjourned at 10:35 p.m. APPROVED: ATTEST: ~8.~. City Cler CC-2 page 9 bonds released no further reports adjourmnent