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CC 12-16-68 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 DECEMBER 16, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Dempster, Fitzgerald, Noe;!.. Absent: Councilman Stokes. 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; Recording Secretary Lucie M. Matzley. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to approve the minutes of the November 27, 1968 City Council meeting. There were no written communications. City Clerk Ryder advi!!ed the Councilmen thatbd;ds for the parks buildings had been received and opened, the results of which could be read and discussed during this meeting, the agenda placement for which would be at the discretion of the Council. CC-33 call to order flag salute roll call minutes approved no letters advice of bids received Mr. William R. Madsen of 4250 DeCosta, Sacramento, addressed the Councilmen with a request for a master soliciting permit for members of the United Youth Project, an organization designed to employ youths through the sale of candy from door to door. Mayor Noel advised the applicant that this decision was administrative in nature and needed to be checked through the offices of the Better Business Bureau. Mr. Madsen stated that the San Jose City Council had approved the solicitation permit request after checking the matter with the Better Business Bureau. Mayor Noel advised the applicant to contact the City Manager. Mr. Robert R. Casella of 22468 Starling Court explained that the members of H Control had viewed resubmitted landscaping plans for Application 376-HC-68, the proposed restaurant to be located east of the existing Kentucky Fried Chicken site on Silverado, but had in- sisted that the landscaping need be approved prior to the issuance approval of of a building permit. When asked to do so, Chief Building Inspector landscaping Benevich stated that all conditions set forth by H Control had plans sought been met to the satisfaction of his department and that he recommended approval. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to approve Application 376-HC-68 as recommended by H Control. There were no other oral communications. solicitation permit requested 376-HC-68 landscaping approved no other orals page 2 planning minutes presented 23-TM-68 approved discussion university we:¡¡ dis- cussed 24-TM-68 motion to approve audience complaint approval passed 27-TM-68 approved statements by planning chairman Minutes of the City Council December 16, 1968 CC-33 Report of Commissions A. Planning Commission Planning Commission Chairman Frolich presented the minutes of the November 25, 1968 as well as the December 9, 1968 meetings and explained that he had been unable to attend the former meeting. Application 23-TM-68 was discussed briefly. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to approve Application 23-TM-68. Application 24-TM-68 was discussed; there were no comments from the staff other than that the egress and ingress problem had satisfactorily been resolved because the Southern Pacific Railroad had consented to dedicating a 15' strip of land. Upon Mayor Noel's question if University Way would be completed to City standards, City Engineer Boyd reported that investigations were underway to ascertain the possibility of dedicating this street as a right of way for egress and ingress rather than as a roadway which method would release the City from the maintenance encumbrance. According to Mr. Boyd, it was the City's purpose to preserve only two accesses and maintain University Way as a through street; as for the liabilities that might be incurred, Mr. Boyd preferred to refer this matter to the City Attorney but did state"that, in his opinion, no liabilities other than those for standard easements would ensue. Councilman Beaven moved, Councilman Dempster seconded to approve Application 24-TM-68. Mrs. Anne Anger, a member of the audience, stated that she was not satisfied with the City Council's approval of the Tentative Map, maintaining that the res idents in the area would be blocked in. Mrs. Anger was advised by the Councilmen that her complaints should be brought before the County as this was a piece of County property entirely outside the jurisdiction of this Council. The motion to approve Application 24-~-68 was passed by a 3 - 0 vote with Councilman Fitzgerald abstaining. Application 27-TM-68 was discussed briefly; the sta£f stated that all improvements had been placed, there were no objections. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 27-TM-68. Planning Commission Chairman Frolich reported that discussions of the new Commercial Ordinance had been consummated and that the Ordinance would come before the City Council at its next regularly scheduled meeting. Mr. Frolich also stated that the General Plan revision for old Menta Vista had been discussed by this and the County Planning Commission in connection with the plans to be followed in that area. Mr. Frolich requested that the plan, which had previously been submitted to the Council for study, receive consideration at this time and asked for a Council statement to either the plan's acceptability or a redirection to the Planning Commission for further disposition. Minutes of the City Council December 16, 1968 Planning Commission Report cont'd Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to place discussion of this matter on the next agenda. B. Architecture and Site Control H Control Chairman Small presented the minutes of the November 27, 1968 as well as the December 11, 1968 meetings and briefly explained each application by its individual renderings and with the assist- ance of the Chief Building Inspector. Application 324-HC-68 was unanimously approved upon the motion by Councilman Beaven and the second by Councilman Fitzgerald. Application 373-HC-68 was unanimously approved upon tþe motion by Councilman Dempster and the second by Councilman Fitzgerald. Application 38l-HC-68 was unanimously approved upon the motion by Councilman Fitzgerald and the second by Councilman Beaven. Application 382-HC-68 was unanimously approved upon the motion by Councilman Dempster and the second by Councilman Beaven. Application 384-hC-68 was unanimously approved upon the motion by Councilman Beaven and the second by Councilman Fitzgerald. Application 385-HC-68 was unanimously approved upon the motion by Councilman Dempster and the second by Councilman Fitzgerald. Applicaticn,307-HC-68 was unanimously approved upon the motion by Councilman Dempster and the second by Councilman Beaven. Application 386-HC-68 was unanimously approved upon the motion by Councilman Dempster and the second by Councilman Fitzgerald. Application 3l5-HC-67 was not listed on the agenda but was presented by Chairman Small and explained by Chief Building Inspector Benevich. Councilman Dempster moved for approval of Application 315-HC-67, Councilman Beaven seconded and it was passed unanimously. C. Parks and Recreation The minutes of the December 11, 1968 meeting were presented; there were no additional comments. Public Hearings A. Appeal by Mrs. Frank L. Jarrett from the approval of Use Permit for conversion of single family residence into real estate office under Planning Commission Resolution No.587 CC-33 page 3 agenda placement requested h control minutes presented 324-HC-68 approved 373-HC-68 approved 381-HC-68 approved 382-HC-68 approved 384-HC-68 approved 385-HC-68 approved 307-HC-68 approved 386-HC-68 approved 315-HC-67 approved parks minutes presented appeal legend page 4 additional signatures submitted opposition defined apþlicant's rebuttal photos submitted Minutes of the City Council December 16, 1968 CC-33 Public Hearings cont'd Mr. Frank L. Jarrett of 20668 Scofield Drive addressed the Council and asked that the incorrect agenda listing for the Use Permit be changed to the correct address of 20556 Scofield Drive, Cupertino. Further, that in add!tion to the previously submitted list of thirteen opponents to the Use Permit another forty~three signatures of residents opposing the permit had been asiimilated, the original of which was handed to the City Clerk for the Council's perusal. According to Mr. Jarrett, the opposing residents based their concerns about the granting of the Use Permit on considerations such as a questionable zoning line which runs through the property in question; traffic hazards that might prove injurious to pedestrians and children, in particular; a question of liability pertaining to private or City zoning; the in- adequacy of parking facilities; a possible duplex zoning for that property; the Ordinance provision which states that if a Ü8e is considered obnoxious by adjoining residents this application shall not be considered; and the questionable utilization of the alley as natural buffer between a commercial area and the residential areas directly adjoining. In rebuttal to the opposition voiced, Mr. Gene Lacey, the applicant, directed his attention to the citizens who had questioned the zoning, , He expressed his reservations about the accuracy of their statements, emphasizing that the present zoning had been in existence some eighteen years and that this was : hardly the time to attempt to change an established zoning. Mr. Lacey maintained that it was his sincere desire to maintain the residential character of the area and that certain provisions had been made for that very purpose. Mr. Lou Lucas of 206 Scofield Drive submitted some photographs which, in his opinion, indicated that there was a vast difference in the renderings for the proposed conversion of the residence and the actual appearance. Mr. John Wi strum of 20711 Scofield Drive joined this statement and maintained that the entire area should be kept residential. The City Engineer explained that the alley had been dedicated to the City staff report prior to the County zoning and that it had been accepted as such and was in existence as part of that area's development. p.h. closed Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to close the public hearing. definitions requested exception to statements Mayor Noel asked for a definition of the zoning line on the involved properties. The affirmative answer was that lots 49, 22, 53, 80, 17, and most likely one additional lot south of those listed would be affected. Councilman Beaven took exception to the statement that, because the zoning had been there for a long time, it should be maintained but suggested that this might be as good a time as any to thoroughly research the matter of zoning. Accotding to Councilman Beaven, the matter to decide was whether or not to permit the conversion of a residence into a commercial enterprise considering that this was a well-kept home, that it had been a home for many years, that the entire neighborhood was attractive and that, in his opinion, this commercial venture was an invasion into the residential area. Minutes'of the City Council December 16, 1968 Appeal cont'd Councillnan Beaven moved that this matter be turned over to the City Attorney for study with the directive for his recommendation at the next meeting. Councillnan Fitzgerald seconded for discussion; he then stated his absolute disagreement with Councilman Beaven's state- ments. Mr. Fitzgerald maintained that the property under discussion had, ,a commercial tax on it which had been paid for years. Now, after some eighteen years, adjoining residents suddenly object to the commercial nature of the zoning. Mr. Fitzgerald emphasized that the applicant had purchased the property in good faith, and the only matter to be discussed by this Council at this time shall be the Use Permit and :nc:t the zoning or which zoning this piece of land should or should not have. CC-33 age 5 tion to ive matter o counsel councillnan is agrees Councillnan Dempster indicated his opinion by stating that it was most unfortunate that the opponents had not brought this matter to the Cit Council long before now as the zoning had been in existence for years; discussions now the residents wanted it changed back to residential. Mr. Dempster defined concurred that the Use Permit had been applied for in good faith and that it should be considered as such. Mayor Noel stressed the fact that only the Use Permit matter was before this Council and that the zoning had been in existènce for many years; however, that the future of the entire commercial block should be discussed rather than only one lot at a time. Roll call on vote to refer the matter to the City Attorney: Ayes: CouncillDan Beaven Noes: Counci1Jnen Dempster, Fitzgerald, Noel Absent: Councillnan Stokes CquncilmBn Fitzgerald moved to approve Planning Commission Resolution ve for No. 587 under date of November 12, 1968, Councilman Dempster seconded.approval Ayes: Counci1Jnen Dempster, Fitzgerald Noes: Counci1lr.en Beaven, Noel Absent: Councillnan Stokes ie vote Mayor Noel advised the audience that the above vote continues the matter to the next meeting of this Council, but that the discussions explanation at that time will not constitute a public hearing. B. Annexation designated "Orange 68-4"; approximately 2.84 acres on the south side of Stevens Creek Boulevard and north side of Granada Street between Pasadena and Orange Avenues. Councillnan Dempster moved, Councillnan Fitzgerald seconded and it was passed unanimously to close the public hearing. Councillnan Dempster. moved, Councillnan Fitzgerald seconded and it was passed unanimously that Ordinance 418 be read by title only and:,that the Mayor's reading of same constitutes a first reading. p.h.c1osed Ord. 418 first reading page 6 . Cordova á8-5 C. legend no written protests reported opposing letter submitted Ord. 421 legend p.h. closed Ord. 421 first reading percentage reported oral protests Ord. 422 legend p.h.closed Ord. 422 first reading Minutes of the City Council December 16, 1968 CC-33 Public Hearings cont'd Annexation designated "Cordova 68-5"; approximately 13.46 acres on the west side of Cordova Road between Mercedes and San Juan Roads. City Engineer Boyd and City Clerk Ryder reported that no written protests had been received. City Attorney Anderson stated that protests would need to total 50% of the assessed valuation on the last regular ~x rolls to defeat the annexation. Colonel Leo V.Skinner read and submitted a prepared letter in opposition to the annexation, City Engineer Boyd needed time to compile the percentages of the opposition; the City Attorney advised that the matter should be carried over until such time as the percentages were available. D. Ordinance 421: Application 21-Z-68 for the rezoning of approx- imately 2.6 acres located west side of Randy Lane between Forest Avenue and Stevens Creek Boulevard from a Residential single- family 10,000 sq. ft. minimum lot size (Rl-IO) zone to a residential Duplex (R2-4.25) zone; submitted by Earl Pennington and Mitchell Bagar. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that Ordinance 421 be read by title only and that the ~or's reading of same constitutes a first reading. At this point the City Engineer reported that the percentages of opponents to annexation Cordova 68-5 are l2.4~. Messrs. Ramon Nunes of 22767 San Juan Road; Henry Willey of 22801 San Juan Road; Elliott Renneck of 10635 Cordova Road and Mrs. Matos of 10594 Cordova Road, voiced their oral protest. It was also reported that one additional citizen, who was unable to attend this meeting because of illness, was opposed to the annexation. Again, the City Engineer was requested to compile the percentages of opposition. E. Ordinance 422: Application 22-Z-68 for the rezoning of approxi- mately .25 acre located at 20333 Stevens Creek Boulevard from a Residential Multiple high-density (R3-2.2*) zone to a General Commercial (CG) zone; submitted by Charles T. Voelke and J. Robert Dempster. Councilman Fitzgerald moved to close the public hearing, Councilman Beaven seconded. The motion was passed by a 3 - 0 vote with Councilman Dempster abstaining. Councilman Fitzgerald moved, Councilman Beaven seconded, Councilman Dempster abstained, and it was passed by a 3 - 0 vote that Ordinance No. 422 be read by title only and that the ~or's reading of same con- stitutes a first reading. Minutes of the City Council December 16, 1968 Public Hearings cont'd F. Ordinance 423: Application 23-Z-68 for rezoning of approx- imately 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 Residential single-family 7,500 sq.fto lots (Rl-5) zone; submitted by Anne Saich, John E. Saich and Ditz-Craneo CC-33 page 7 Ord. 423 legend Councilman Dempster moved, Councilman Beaven seconded, Councilman p.h. closed Fitzgerald abstained, and it was passed by a 3 - 0 vote to close the public hearing. Councilman Dempster moved, Councilman Beaven seconded", Councilman Fitzgerald abstained, and it was passed by a 3 - 0 vote that Ordinance 423 be read by title only and that the Mayor's reading of same con- Ord. 423 stitutes a first reading. first reading At this point, City Engineer Boyd reported the percentage of the oral opposition to Annexation designated "Cordova 68-5" to be 30.~ and would increase to 34.4% if an absent protester had been present, thus lacking the required fifty percent. Councilman Dempster moved to close the public hearing of Annexation designated "Cordova 68-5", Councilman Fitzgerald seconded., , "" Councilmen Dempster and Fitzgerald withdrew their respective motions to allow Colonel Skinner a further opportunity to speako Colonel Skinner stated that, if there were twelve or more registered voters in the area, an election is required. He was advised that at the time the proposal was submitted only nine registered voters had been in existence in the area. The applicant disagreed and verbally protested the interpretation of the law. Councilman Dempster moved to close the public hearing on Annexation designated "Cordova 68-5". Councilman Fitzgerald seconded and it was passed unanimously. Ordinances 1..-.." Ordinance No. 419: Annexation designated "Cordova 68-5". Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that this Ordinance be read by title only and that the Mayor's reading of same constitutes a first reading. Mayor Noel called a recess at 10:10 pom. The meeting reconvened at 10:25 p.m. percentage reported on Cordova 68-5 mot ion to close p.h. motion withdrawn further protest p.h.closed Ord. 419 first reading recess page 8 Ord. 420 legènd first reading Res. 1726 1. adopted Res. 1727 2. adopted Res. 1728 3. adopted Res. 1725 4. adopted Minutes of the City Council December 16, 1968 CC-33 Ordinances cont'd 2. Ordinance No. 420: Regulating the accumulation, collection and removal of garbage, rub~ish and waste matter. 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. Resolutions No. 1726: approving pB¥roll for the period ending December 15, 1968. In the absence of City Treasurer Fitzgerald, Mayor Noel presented the p8¥roll. Councilman Beaven moved for adoption, Councilman Dempster seconded. Ayes: Councilman Beave1),Dempster, Noel Noes: None Absent: Councilman Stokes and Fitzgerald No. 1727: approving miscellaneous and general expenditures. Again, Mayor Noel presented the list of expenditures. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Dempster, Noel Noes: None Absent: Councilman Fitzgerald and Stokes No. 1728: accepting a grant of easement from A,T. Cook, et al. Councilman Dempstermoved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Dempster, Noel Noes': None Absent: CounciJJnen Stokes and Fitzgerald No. 1725: accepting quitclaim deed<£rom A.R. Woolworth. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Dempster, Noel Noes: None Absent: Councilman Stokes and Fitzgerald Unfinished Business illegal City Engineer Boyd reported that the illegal land fill matter had been fill matter resolved to thè satisfaction of all concerned. 25-TM-68 Application 25-TM-68, the discussion of which had been continued from a discussions previous meeting, was explained by Mr. Ward Crump. He reported that, continued because of the requirements placed on this application by the Flood Control District, the subdivision had been rendered completely undevelopable. Mr. Crump stated that he had been advised that this was the final decision by the Flood Control District and that no further appeal was possible. Con- sequently, he was withdrawing the application. Minutes of the City Council December 16, 1968 Unfinished Business cont'd CC-33 age 9 Councilman Dempster felt that this was a repeated occasion where the Flood Contro~ District had made exorbitant requests for land dedi- cation and suggested that the City Manager schedule a meeting with equest for the representatives of that district at which he and the City Engineer meeting should be present. Mayor Noel advised Mr. Crump that the City Manager would advise him of the outcome of that scheduled meeting. There was no new business. Report of Officers A. City Treasurer There was no report from that department. B. City Manager no new business treasurer no report ager Mr. Storm reported that the County Librarian was asking permission for the tèmporary storage of books for the new library in the basement request of the City Hall with no liability to the City. A minute order was passed to grant this permission upon the motion by Councilman Beaven, seconded by Councilman Dempster and passed unanimously. Director of Public Works Finney reported that eight bids for the con struction of the parks buildings had been received and opened, and that the summary sheet indicated that Joseph J. T~lor & Associates, Inc. of Cupertino was the low bidder with a total gross bid of $56,068.00. When asked to do so, Finance Director Ryder stated that $33,581.62 was presently available in the Parks Bond account. Discussion ensued relative to the possibility of holding the bids over to the time when a full complement of Councilmen would be in attendance to determine whether or not there should be appropriated from the General Fund the some $23,000 excess over the available funds in the bond account. After learning that the only alternative were acceptance of the low bid or rejection of all it was moved by Councilman Dempster, seconded by Councilman Beaven that the contract be awarded to Joseph J. Taylor & Associates to include alternates #1 and #2 for a total $56,068.00. The motion passed 3 - 0 with two Councilmen absent. Director of Public Works Finney also reported on the previously sub- mitted written report by his department; he then introduced, and requested approval of, an agreement between the City and Lawrence G. Brian & Company for payment of fees in connection with the proposed Regnart L.I.D. ermission granted eport of ids received available unds iscussions id award agreement submitted page 10 agreement explained manager's objection statements reiterated caution matter continued epgineer im,provements accepted no reports report on street trees parks report clerk warrants authorized Minutes of the City Council December 16, 1968 CC-33 Report of Officers cont'd Mr. Wayne Howarth of Lawrence G. Brian & Associates stated that the agreement had been reviewed by the Director of Public Works and recommended for approval, it being essentially the same as the one drawn for the De Anza project. City Manager Storm voiced his objection to the verbiage which involves the City in the responsibility for the engineer's fees and requested that this: portion of the agreement not be ratified. City Attorney Anderson reiterated his statements made at the last meeting relative to this agreement, whereby reasonable charges for engineer and attorneys should be paid by either the City or through an assessment against the property owners in the District. City Manager Storm suggested that the entire paragraph 11 of the agreement be deleted. City Clerk Ryder cautioned that he was in receipt of requests from, residents in the proposed L.I.D. to receive prior notification of any type of discussion relative to the district and that this was not an agenda item at this meeting. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously that the discussion of the agreement verbiage be continued to the next meeting of' the City Council. E. City Engineer Coumrl.J,!l\aJBeaven moved to give minute order approval to the acceptance of im,provements of Monte Bella #3. Councilman Dempster seconded and it was pasaed unanimously. rhere were no reports from the Senior Planner nor from the Chief Building Inspector. City Attorney Andersor;, on npot"ting the situation of the non-planting of street trees in Rancho Ventura, explained that Ordinance No, 125 provides that, although the City had been in error in accepting a certain subdivision without checking if street trees had been planted, this did not release the developer from paying for the trees. F. Parks and Recreation Mr. Parham reported on recent activities within his department. G. City Clerk - Finance Director Finance Director Ryder requested approval for two warrants, the invoices for which were received too late to be included on the Resolution. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to approve warrant #3689 for $30.00 to the U.S. Post Office and warrant #3690 for $85,998.30 to the Bank of America for bond interest due January 2, 1969 for Vallco Park and De Anza Improvement District. Minutes of the City Council December 16, 1968 Report of Officers cont'd CC-33 Page 11 City Clerk Ryder also advised that citizens again could register to vote at the City Hall, Reference was made that if a registered information voter had not voted at the last general election it would be necessary for voters that he re-register. Mr, Ryder also reported that letters had been sent to department heads and commission members advising them of details for submitting suggestions for inclusion in the capital improvements budget, This same opportunity also was available to the general public as well and the instructions could be obtained from him as to when the genera mailing would take place. Councilman Beaven moved for adjournment, Councilman Dempster seconded and it was passed unanimously. The meeting adjourned at ll:lS p.m. APPROVED: ~~ ATTEST: Mayor, City of Cupertino b~ City Cle statements otion to adjourn adjournment