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CC 01-06-69 CITY OP CUPERTINO, Stat~ of California 10300 Torre Avenue, Cupertino, California 95014 Phone:Z52-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JANUARY 6, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8 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 Enginee Boyd; Senior Planner Laurin; Assistant Planner Eng; Chief Building Inspector Benevich; Recording Secretary Lucie M. Matzley. Absent: Director of Parks and Recreation Parham. Councilman Dempster moved, Councilman Beaven seconded to approve the minutes of the December 16, 1968 meeting. The motion passed unani- mously with Councilman Stokes abstaining. City Clerk Ryder advised the Councilmen of receipt of the following written communications: 1. Letter from Mr. Buck Norred of 10850 Stevens Canyon Road, indicating that he had been advised by the City's Building Department that he was in violation of an Ordinance and that a permit to operate a riding stable was necessary. The letter further stated that Mr. Norred would comply with whatever was required to render his operation within the City's legal limitations. 2. Petition from citizens opposed to the annexation designated as "Cordova 68-5". Mr. Ryder suggested that this petition be read in conjunction with the hearing of the matter at a later time; the Council concurred. Chief Building Inspector Benevich informed the Council that he was in receipt of a written communication from Mr. Bradlin, a resident of th Riverside Avenue area, opposing a possible granting of a business license to Mr. Norred for the operation of his riding stable. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that this matter be referred to staff. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to hold the issuance of a business license to Mr. Norred in abeyance until a Use Permit has been applied for and approved or disapproved. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to file the balance of the correspondence. There were no oral communications. CC-l call to order flag salute roll call minutes approved written communication opposition to license matter to staff order to hold in abeyance letters filed no orals page 2 planning no report Minutes of the City Council January 6, 1969 CC-l Report of Commissions A. Planning Commission There had been no meeting of the Planning Commission; there were no minutes. h control B. present- ation minutes approved parks no report Ord. 220 A. ill legend staff report p.h. closed first reading general plan matter continued Ord. 418 legend second reading H Control H Control Chairman Small presented the minutes of the December 26, 1968 meeting and briefly explained Applications 374-HC-68 and 387-HC-68. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the minutes of December 26, 1968 of the Architecture and Site APproval Committee meeting. C. Parks and Recreation There had been no meeting of this Commission; there were no minutes. Public Hearings Ordinance No. 220(j): Amending Ordinance No. 220 and regulating General Commercial (CG) Zones. Staff reported that this Ordinance had been discussed and approved by the Planning Commission; there was no further report. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to close the public hearing. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a first reading. B. General Plan for Cupertino - Monta Vista Planning Area. In emphasizing that the data for the General Plan had just been handed to the Council for their perusal, Councilman Stokes moved that the matter be continued to the next regular meeting to afford the Council members an in-depth study of the proposed plan. Councilman Dempster seconded and it was passed unanimously. Ordinances 1. Second reading of No. 418: Annexation designated "Orange 68-4"; approximately 2.84 acres lying on the south side of Stevens Creek Boulevard and north side of Granada Street between Pasadena and Orange Avenues. Councilman Dempster moved, Coun~ilman 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. Minutes of the City Council January 6, 1969 Ordinances cont'd - Ordinance 418 on second reading Councilman Dempster moved for enactment, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. Second reading of No. 4l9: Annexation designated "Cordova 68-,5"; approximately 13.46 acres lying on the west side of Cordova Road between Mercedes Road and San Juan Road (formerly Elena Road) i CC-l I ; page 3 i \ I l Ord. 418 I I enacted I I ¡ ¡ Ord. 419 i legend I , ¡ I In considering audience members who might wish to speak on the matterl of the proposed annexation, Councilman Dempster moved, Councilman p.h. re- Stokes seconded and it was passed unanimously to re-open the public opened hearing. Mr. Hollis Elliott of 845 Oak Grove Avenue who identified himself as a member of a Menlo Park law firm as well as the representative for the property owners opposing the annexation, stated that he was addressing the Council on behalf of clients who had made many errors presentation in their attempt to oppose this annexation, but that these errors by counsel stemmed from the fact that the legal interpretation of the annexation for proceedings are vague and very involved. According to Mr. Elliott, ¡opposition over 50% of the assessed valuation of the area under discussion was ¡' now represented in opposi.tion to the annexation. Further, that 100% ' of th(' registered voters in the area are opposed to the annexation, I a fact which he said was attested to by a document he wished to submit to the Council. ! Upon being requested to do so, City Attorney Anderson asked Attorney Elliott for a clarification of the matter which Colonel Skinner had previously submitted, that of the reference to the uninhabited vs. the inhabited property, wondering if Colonel Skinner had withdrawn from his prior position. Attorney Anderson related that he had received, as had the members of the Council, a letter in reference to this matter sent by the opposition and he queried if their position still was that the area was regarded as being inhabited. Mr. Elliott stated that the letter to which the City Attorney had referred had been written on advice of someone other than his law firm but that, according to the facts presented, it was his opinion that this would be regarded as uninhabited area and that he felt that the question was on moral responsibility rather thaI. a legal obligation. In emphasizing that, at the last Council meeting, staff had reported that this was uninhabited territory under annexation law, and a majority protest was not in existence, Councilman Dempster moved to close the public hearing. The motion died for lack of a second. ! I I request for ¡clarification I , ¡ j í \' points defined ! motion to close p.h. dies page 4 remarks position defined Minutes of the City Council January 6, 1969 CC-l Annexation Cordova 68-5 cont'd Mayor Noel remarked that at the last City Council meeting several people had spoken on the matter and wondered if anyone had new data to bring before this Council on the subject, Councilman Dempster pointed out that Attorney Elliott's statement had been that he was representing all the opposing citizens, which statement had prompted Councilman Dempster's motion to close the public hearing. p.h.closed Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. opinion stated title second reading Ord. 419 enacted Ord. 420 legend second title reading Ord. 420 enacted Ord. 421 legend second title reading Councilman Dempster reiterated that the staff had reported that the protestors had not constituted a majority of registered voters when the initial annexation proceedings were considered. Based upon that fact it was Mr. Dempster's opinion that the Council had the right and ability to move ahead. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimousl~ 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 of Ordinance No. 419, Council- man Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes,Noel Noes: None Absent: None 3. Second reading of No. 420: Regulating the accumulation, collection and removal of garbage, rubbish and waste matter. Councilman Stokes moved, Councilman Fitzgerald 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 4. Second reading of No. 421: Rezoning of approximately 2.6 acres located west side of Randy Lane between Forest Avenue and Stevens Creek Boulevard from a Residential Single-family lO,OOO sq.ft. minimum lot size (RI-IO) zone to a Residential Duplex (R2-4.25) zone. Councilman Stokes moved, Councilman Fitzgerald 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. Minutes of the City Council January 6, 1969 Ordinance 421 cont'd CC-l page 5 Councilman Stokes moved for enactment, Councilman Fitzgerald seconded.Ord. 421 Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 5. Second reading of No. 422: Rezoning of approximately .25 acre located at 20333 Stevens Creek Boulevard from a Resi- dential Multiple High Density (R3-2.2*) zone to a General Commercial (CG) zone. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously with Councilman Dempster abstaining that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Ord. 422 legend second title reading seconded. Ord. 422 I enacted Councilman Stokes moved for enactment, Councilman Fitzgerald Ayes: Councilmen Beaven, Fitzgerald, Stokes,Noel Noes: None Absent: None Abstain: Councilman Dempster 6. Second reading of No. 423: Rezoning of approximately 34.986 acres located north of University Way, east of Southern Pacific Railroad and west of proposed Stevens Freeway from a Planned Development (p-re) zone with Planned Industrial Park (MP) use to a Residential Single-family 7,500 sq.ft. lots (Rl-7.5) zone. Councilman Stokes moved, Councilman Fitzgerald 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 Resolutions Ord. 423 legend second title reading 1. No. 1729: Annexation designated "Rae Lane 68-6"; approxi- Res. 1729 mately 11.83 acres located at the corner of Linda Vista Driv and Rae Lane. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. City Engineer Boyd requested that an item not on the agenda be considered for the convenience of later administrative procedures; i.e. Resolution No. 1735, setting public hearings for proposed annexation designated as "Cordova 68-9". adopted Res. 1735 legend page 6 Res. 1735 adopted Res. 1730 adopted Res. l731 4. adopted Res. 1732 adopted Res. 1733 adopted Res. 1734 adopted unf .bus. appeal of 24-u-68 legend Minutes of the City Council January 6, 1969 CC-l Resolutions cont'd - Res. 1735 Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven,Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 3. No. 1730: Approving payroll for the period ending December 30, 1968. Councilman Dempster moved for adoption, Councilman Stokes seconded after City Treasurer Fitzgerald had presented the payroll. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None No. 1731: Approving miscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of expenditures, Councilman Dempster moved for adoption, Councilman Beaven seconded. " Ayes: Councilmen Beaven, Dempster Fitzgerald, Stokes, Noel Noes: None Absent: None 5. No. l732: Renaming portions of Wheaton Drive, Tract 4590. Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. No. 1733: Approving final plan for the improvement of frontage at 21839 Lindy Lane. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 7. No. 1734: Accepting dedication of real property for roadway dedication from N.Ao Billawala, et al., located east side of Bubb Road, approximately 170 feet south of McClellan Road. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None . Absent: None Unfinished Business 1. Appeal of 24-u-68 by Mrs 0 Frank L. Jarrett of the de cis ion by the Planning Commission to grant a Use Permit for the conversion of a single family residence into a real estate office located at 20556 Scofield Driveo (Continued from December 16, 1968). .. Minutes of the City COllJlIlcil January 6, 1969 UnfiniShed Business cont'd Mayor Noel reij¡erated that the public hearing on this matter had pre- viously been closed but that it was left to the discretion of the Councilmen to re-open same. Councilman Stokes stated that he had read the minutes of the meeting during which this matter was discussed and that he had listened to the tape of the meeting, pointing out that, unless other Councilmen had further questions, he saw no need to re-open the public hearing. He did, however, reserve the right to ask questions of the staff relative to doubts expressed by staff in connection with tqe zoning line UpOD tþe property. Director of Public Works Finney presented an exhibit which showed that slightly over nineteen feet of the property is zoned residential (Rl) and fifty-four and one-half feet of the same property is zoned commer- ciaL Councilman Stokes asked the City Attorney if, in view of the fact not all the property was zoned commercial, this application for a Use Permit that had been presented on the basis of a commercially zoned lot was a vLlid.application. that CC-l page 7 statement re-opening of p.h. unnecessary staff report question of ! counsel ! Attorney Anderson reported on some research done in connection with ! this matter, emphasizing that there was a question of committed land : as well as the property owner's right to use his land to its best ¡ , advantage. This right supersedes the State Planning Act and if any ¡ changes are contemplated by the Council they need to be undertaken in I counsel's accordance with the requirements of the State Planning Act. According definitions to Attorney Anderson, the boundary line design is a legislative function and, based upon the evidence presented, Mr. Auderson felt that the granting of the Use Permit would, in fact, be creating a rezoning of some Rl land to commercial use; this being the case, it should have an Ordinance to support it, even if it were an emergency Ordinance. Councilman Dempster asked the City Attorney if, under the existing laws in the City of Cupertino, an individual could apply for a Use Permit in an Rl zone, Attorney Anderson' s reply was negative. Council- man Dempster emphasized that the discussions should center solely about the granting or denial of a Use Permit and that the zoning, or a possible re-zoning, in no way affected this application. City Attorney Anderson disagreed stating that if the application is for a property in a commercial zone, then it does not require a Use Permit; if the application is for property ii, a Rl zone, the City Council has the obligation to define whether this property should be a commercial lot or a Rl lot, as any change in the nature of the use of land re- quires authorization by the Council. ¡ attorney . disagrees with council- man Councilman Fitzgerald agreed with the City Attorney that something should be done about lots with different zonings, but also agreed with Councilman Dempster that this was not the issue and that the only consideration for the Council would be to decide whether or not to grant the Use Permit. This use was permitted under any circumstances and had been submitted concurrence in good faith based upon the consideration that commercial taxes had been paid on this property for the past fifteen years. Mayor Noel stated that he had be:en a dissenting voter when the application was voted upon originally because of the evidence of a lot split and because he did not think that the City was ready for a decisiono It was Mayor Noel's cf'ntention that the matter should be continued until a sound . solution to the problems can be found, I ¡ Councilman Stokes stated that, in listening to the tape of the previous ¡meeting, he had received the impression that the applicant had some j future use for other nearby parcels within a two4year period, In view II' of this fact, Councilman Stokes mov~d that the Use Permit 24-u-68 be . granted for a period of two years, that there will be no physical changes to the exterior of the residence fronting on Scofield Drive; that there ¡ will be no signs of any nature frontIng on Scofield Drive; and that at 24-u-68 I the end of the two-year period the appli.cant shall appear before this granted . City Council for an extension of the Use Permit, or present plans for with the improvements of which he spoke during his presentation. This takes conditions into consideration the use of the zoning line westerly 19'+ and easterly 70'. Councilman Fitzgerald seconded, Ayes: Councilman Dempster, Stokes, Fitzgerald Noes: Councilmen Beaven and Noel Absent: None page 8 councilman opposes granting of permit definition of purpose concern voiced mayor's statement views aired roll call on vote agreement legend Minutes of the City Council January 6, 1969 Unfinished Business cont'd (24-u-68 continued) CC-l Councilman Beaven said that, in his opinion, the original zoning for this lot had been arbitrary and had not coincided with the natural boundary line; that it should be borne i.n mi.nC whether or not. the granting of the Use Permit was in the best interes". of the adjoining residents as well as the entire CUpertino citizenry, According to Mr. Beaven, there was a large number of citizens in the area opposed to the change in use whereas business people seem to be of'the opinion that a real estate office would be the proper use for this parcel of land. According to Mr. Beaven, the residents of the area should receive more consideration than the business community and, in his opinion, this Use Permit should be denied. Councilman Dempster said that there were several points well taken in Mr. Beaven's statement; however, that this was not an issue of homeowners against business people particularly in view of the fact that pr~vious Council members had held the line on commercial uses. Councilman Dempster agreeC that a property owner has a right to use his property in a profit- able way and that this right should not be denied him. Councilman Stokes voiced his concern that the City Council would wish to . pit one faction of a City against another faction; i.e. the residents against the business community, and that the Council's decision should not and can not be based upon petitions and numbers of people protesting a certain use. 2. Proposed agreement with engineer of record on payment of fees for Regnart Local Improvement District (continued from 12-16-68) City Manager Storm suggested that, since a report on the requested extra- territorial jurisdiction of the County was unavailable at this time, the statements matter be continued. He again eaDed the Council's attention to their earlier decision not to commit City funds or proceed further until the formation of the district became a reality. Minutes of the City Council January 6, 1969 Unfinished Business cont'd (agreement continued) Councilman Stokes questioned why this matter was being brought up again as it had been his understanding that this City was to be in no way obligated for the payment of any fees. Mr. Storm replied that the Council had requested that this matter be re-submitted to them at the first meeting in January of 1969 for disposition. Councilman Dempster moved that the matter be removed from the agenda to be re-sèheduled for hearing when the matter of the extra-territorial jurisdiction has been resolved. Councilman Fitzgerald seconded. The motion was passed 4 - 1 with Councilman Stokes voicing the "No" vote. There was no new business. Report of Officers A. City Treasurer There was no further report from that department. B. City Manager City Manager Storm elaborated on his previously submitted written de- partmental report, defining the status of the library plans; the matter of the Stevens Creek Gallery; the Blaney Avenue Improvement, and the Sears construction project. C. City Attorney City Attorney Anderson reported on the matter of the City's water rights and cited past litigation relating to this subject. There was no report from the Director of Public Works in addition to the written departmental data. E. City Engineer Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to authorize the release of the bonds for the Pacific Telephone work on McClellan Road. There were no reports 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, Councilman Beaven seconded and it was passed unanimously. The meeting adjourned at 9:35 p.m. ATTEST: APPROVED: ctj:c~~~~ CC-l page 9 matter questioned removal from agenda no new bus. treasurer no report manager report presented attorney report publ. works no report engineer bonds released no reports adjournment