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CC 11-18-68 CITY OF ~RTINO, St~te or C~li"o!"niP 10300 Torre Aven)le, Cupertino, Celi"'ornie 950).1: Phone: 252-4505 MINUTES OF THE REGULAR ~m:ETING OF THE CITY COUNCIL HELD NOVEMBER 18, 1968 IN THE COrnlCIL CHÞMBERS, CITY HALL, CUPERTINO, CAL. The meeting wes celle~ to order et 8:00 p.m. by MByor Noel, who sub- sequently led the esserùblage in the fleg selute, Councilmen present: Beaven, Dempster (8:15 p.m.), Fitzgerald, Stokes, Noel. Also present: City Manager Storm; City Attorney Anderson; City Clerk _ Finance Director Ryder; Director 0," Public Works Finney; Senior Planner Laurin; Assistant Planner Nuzum; Chief Building Inspector Benevtch; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Absent: City Engineer Boyd. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the minutes of the November 4, 1968 meeting as printed. City Clerk Ryder advised the Councilmen of the following written commu- nicat ions: 1. Letter from Mrs. Frank Jarrett, appeåling the decision of the Planning Commission to grant a Use Permit to Apnlication 24-u-68; 2. Letter from Vœ. V.J, Adams, Jr" expressing his interest to be appointed to the existing vacancy on H Control; 3, Letter of Resignation received from H Control member Jess, J. Aguila,r; 4. Advice of Public Hearing of the Local Agency Formation Committee on Cordova 68-9 end Ray Lane 68-6, scheduled for December :, 1968. CC-31 ca,ll to order flag salute roll call minutes approved written communica- t ions Councilman Stokes moved to schedule a hearing of appeal on Application 24-u-68 for the December 16, 1968 meeting. Councilman Fitzgerald seconded and it was passed unanimoè'sly, -hearing set Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to file the balance of the correspondence. Mayor Noel welcomed a group of Campfire Girls and their leader, Mrs. Bush, all o~ whom came from Portal School to see Municipal Government in action. Mayor Noel introduced Mrs, Cbas De More, the President of the Cupertino Federated Womens' Club. Mrs. De More presented the City of Cupertino, through its Mayor, with a check for $140, collected and donated toward the Recreation Center of Central Park, Mayor Noel expressed the grati- tude of the Council and thanked Mrs, De More on behalf of the City of Cupertino. City Clerk Ryder advised the City C01IDcil that Mr. Homer Hyde, whose appearance was scheduled under "Oral Communications", had called to say that he was detained and would arrive at the Council Chambers as soon as poss ible. correspond- ence filed welcome donation presented Iste arrival explained page 2 planning A. minutes presented staff report 25-TM-68 continued hearing combined. comments 26-TM-68 9-U-68 approved h control explana- tion council- man concurs 323-HC-68 approved 380-HC-68 approved 383-HC-68 continued Minutes 0,0 the City Council November 18, 196G CC-3l Report of Commissions Planning Commission P1ann"ing Commission ChaIrmen Frol"ich presented the minntes of Eavember 12, 1968 stating that the minutes Houl" "tand on their own merits; there vas nothing to add. In discussing Apnlication 25-TM-68f'rom v:Drd Crump Company, Senior Planner Laurin stated that a report had not yet been received from the Flood Control District, City }mnar,er Storm elaborated on this statenænt indi- cating that he had been contacted by the Flood Control District and that he had since tall,ed to 'rom Henderson, Civil Engineer for the project, It was Mr. Storm's suggestion to continue discussions o'P this 'matter to the next Council meeting. Councilman Dempster moved, Councilmen Fitzgerald seconded and it was passed unanimously to continue Apwlication 25-TM-68 to the December 16, 1968 meeting. CouncilJnan Stokes moved, CouncilJnan Dempster seconded and it waS pa,ssed unanimously to combine the discussions of Applications 26-TM-68 and 9-u-68. Staff reported tha,t no problems had been encountered and that the imposed Sta,nda,rds Conditions would apply. Councilman Fitzgerald moved, Councilman Dempster seconded and it was passed unanimously to approve Applicatiòns 26-TM-68 and 9-u-6f1. B. Architectt~e and Site Control H Control Cheirman Sma,ll presented the minutes of the November 13, 1968 meeting >:>ointing out that Application 323-HC-68 had received a split vote with only a quorum present and that his personal opposition had been ba,sed upon the fa,ct tha,t the requested 6" berm would be required along a 1000' property line which was entirely private. CouncilmD,n Stokes rr;reec: ,-rith H Control Chairr.mn Small and empha,sJ.zed that the intent of the 6" berm requirement had been nrimarily for commercial areas with consid,crable vehicular traffic. It >ms Councilman StoJoes t opinion that the request for a 6" berm along a 1000' property line in a private develonment and on private property was unressonable. Councilmrm DempsterJllOvEd to approve Application 323-HC-68 with the deletion ofthc 6" berm requirement. Councilman Stokes seconded and it was passed unanimously. Application 38o-HC-68 was discussed briefly. Councilman Dempster moveâ, Councilman Fitzgerald seconded and it wss passed unanimously to approve Application 380-HC-68. Councilman Dempster moved to continue Application 383-HC-68 to the December 16, 1968 meeting at which time it shall be heard. in conjunction with the appesl as submitted. by J~s. Jarrett, Councilman Stokes seconded and it was passed unanimously. Minutes of the City Council November 18, 1968 C. Parks and Recreation Commission There had been no meeting; hence, there were no minutes. There were no listed Public Hearings. Ordinances 1. First reading of No. 002(0-2), providing for the reduction of minimum area, of a Planned Development to','not less then fifteen (15) acres and amending Ordinance No. 002(0). Councilman Stokes moved, Councilman Fitzgerald seconded and it ~TaS passed unanimously to read this Ordinance by title only and that the Mayor's reading of same constitutes a first reading. Resolutions CC- 31 page 3 parks no p.h. 's Orù.002(0-2) legend first reading No, 1713: accepting dedication of real property for roadway Res. 1713 purposes from Steve A. and Evangeline G, Chavoya to the City of Cupertino. 1. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None e,dopted No. 1714: approving final plan for the improvement of front- Res. 1714 age at the northwest corner of Homestead Road and Bernardo Avenue by Mobil Oil Corporation. 2. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 3. No. 1715: accepting quitclaim deed from Frank Hoffman. Councilman Stokes moved for adoption, Councilma,n Fitzgera,ld seoonded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 4. No. 1717: approving payroll for the period ending November 15, 1968. City Treasurer Fitzgerald presented the payroll. Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None adopted Res. 1715 adopted' Res. 1717 a,dopted page 4 Res. 1718 adopted capital improvement budget report apparent discrepancy in reports noted conflicting views expressed discussions Minutes of the City Council (:' . NJember 18, 1968 } CC-31 Resolutions cont'd , , ;' 5. No. 1718: approvipg nliscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of expenditures, Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Unfinished Business City Manager Storm elaborated on the previously requested and submitted written report of the Finance Director in connection with the method of establishing a capital improvements budget and a list of project prio- rities. Mr. Storm stated that the City's Finance Director had prepared a report on the funds available for the preliminary work to be done at Linda Vista Park, bu.t that it wecs his opinion that any discussion of these expenditures should be held at budget time. Mr. Storm suggested, however, that he be authorized to expend $5,000 of available funds for preliminary minimum grading of Linda Vista Park. Councilman Stokes noted that there was an apparent discrepancy in the reports as submitted by the Finance Director and the statements of the City Manager. He stated that the Finance Direotor had pointed out the advantages of a formal capital improvement budget and the City Manager was requesting it be held in abeyance until budget time. Councilman Stokes was of the opinion that further in-depth studies should be made before spending large 6lIlounts on vÐ,rious programs, reiterating the Finance Director's statement that cash would be ava,ilable only from maturing time deposits next spring. Mr. Stokes felt that this was the time to start with plans for projected programs and not wait until budget time when, of necessity, discussions would have to be rushed because of time limits and deadlines. Councilman Beaven voiced his disagreement with Councilman Stokes and felt that a pre-planning for some four years hence is not practical. Mr. Stokes emphasized that current projects, about to be completed, had taken years of prior planning and that any City Council would be served well by the foresight of the previous City CotUlcil members. Further, that he was vigorously opposed to expending funds until a complete staff report is available to guide thc Council in its decision and that no work should be done on the parks until the rains have subsided in early spring of next year. There was considerable discussion among the Cotmcil relative as to how the City should approach resolving such questions as a City Policel Depart- ment, major street improvements and other similar projects. A consensus was that there appeared to be a need for much study and more information before any decision could be reached. Minutes of' t1:e Cit:r Com:~cil Noveuber 12-, 1968 Unfinished Bllainess cant IC.... Mayor Noel e::presse6 his 0lnn~on that a reverse approach to capital improvement buèeetinß micht be in order; project the anticipated revenues to determine ov~ilability of i'nnds then apply the different program needs. A s~ggef,tion for Ð stl1dy session was considered to be impractica:j. nntil some tentative figures became available. Councilman Dempster said he would like to have the City ~mnager con- tact someone at De Anza, College regarding possible cost and feasibi- lity of having a study made on the question of a police department before any commitment was made one way or the other. Councilman Stokes reiterated his opposition to spending $5,000 for the grading of Linda Vista P~rk at this time and thought it better to wait until e,fter the winter rains had ended. If the "lOrk was done at that time the ares still could be made suitable for some use by the time school ,¡as out. Finance Director Ryder stated that his statements and those of the City Manager were not in conflict beca,use the apparent disagreement seemed to be a matter of semantics. The present surplus was in existence but only the Council could decide which projects were to be undert~<en, their cost and the order of priority. The only questi.on was to the format this forecast would take and when it would be compiled. Mr. Ryder cautioned, however, that it would be impossible to submit a thorough study of all matters prior to budget time in early 1969 and that an immediate estimate would be, at best, inaccurate and possibly misleading. Councilman Dempster moved by minute order to direct the Finance Di- rector to commence preparation of a capital budget expenditure progrsÆ, working through the City ~funager and with the cooperation of all the various departments; that the Finance Director give the Council a monthly progress report; that the Finance Director submit tentative figures prior to budget time that would be as close to the actual as possible. COlUlcilman Beaven seconded and it was passed unanimously. The Finance Director was asked for an estir.w,ted time of completion for these tentative figures. It was agreed that a May 1, 1969 date was appropriate so as to be able to include actual revenues and expendi- tures for three quarters of the current fiscal year. At this point Councilman Dempster left the Chambers. City Attorney Anderson reported on the instructions received from the City Crnlncil relative to the removal of trailer operations at the ~bbil Gas station on East Estates Drive. Attorney Anderson suggested that,: c because he had received a bona fide request for continuance of the matter, the request be granted for a two week period. The Council agreed. CC-31 page 5 IllC.yor · s opinion suggestion re study opposition to spend large sums explane,t ions by finance director prepars.tion of program requested estimated completion time cited departure request for continuance granted page 6 water tax discussed attorney concurs negot iat ions authorized missing street trees explained matter to be researche change in agenda order award presented bouquets pamphlets appointments to h control ¡,Iinutes of the City Co,'ncil l10vember 18, 1968 CC-31 Unfinished Business cont'd City Hvnager Storm reported on the í'et;er Pw:1p Tax for water taJ<en from the gallery and vms of the opinion that the City had an oblìßation to the Flood Control Distrìct which should be met. The City Attorney concurred in Mr. Storm'lJ st0temEnt that the City is obligated, to the Flood Control District, and thet negotiations should be attempted to wor): out a feosible arranGement whereby the Cit:T is charged only for water at certain periods of a year. Councilman Sto]ces moved to authorize the City Mc,nager to negotiste with the ';Tater Conservation District. Councilmar, Fitzgerald seconded, and it was passed unnnimously. When asked to do so, Chief Building Inspector Benevieh reported thvt the developer of the Rancho Ventura tract had since sold the development but had neglected to install street trees prior to the sale. The tract hed received final approval And it was not poss:ble to assess the charges against another individual. City Attorney Anderson stated that the City Conncil enforces its Ordinsnces to the belJt of their abilities and if the ëcv~lormcnt can still be treated as being a 'Part of a larGer venture, it ŸlO1.''1(l. lenve the City in [1, position where it could ossess charges against the new developer. It was, however, Attorney Anderson's request thvt he be perm: tõeÚ 1>J resecrch this matter. The Conncil agreed to continue <liGcnssions t".t the next meeting. Because Mr. Hyde had arrived, "Iayor Noel l'equ8sted and received a.pproval for s. chanGe in the 3[>enc'.a. listin[> to afford. the presentation. Mr. Homer Hyde presented en award to the City Council through its Mayor for meritorious contributions to inter-city relations es initiate& by the Department of Housing and, Urban Developnent. Former Councilman Johnson and Councilman Fitzgerald, the respective rcprE:sentatives on the County Planning Policy Conunittee, received particular mention" The Mayor thmÙed Mr. Hyde for the 1JrE:sen1:o.tic.n. Councilr.1an Fitzr,erald, sta.ted that e,ny credit due should be giver.. to Mr. Dona,ld FraUeh vrho h~<' been most instrumentel in this progrron. The agenda reverted bac~ to its original order. City Manager Storm stated that the proced1'1'al pmnphlE:ts for the vario".s City departments were in the process of beinr completed end should be ready to go to the printe~s shortly. There had been several letters of anplicdion to the existing vvcancies on H Control. noting thet two of the applicants had r-mjored in orchitecture, Councilman StoLes moved to appoint Nr. Richard Ii:. Buellesbach and Mr. V, J. Adams, Jr. to the Architecture and Site Control Conunittee, CounciL'1lan Fitzgerald seconded and it wes pe,ssed unanimously. -, he City Clerk vr~_s instructed to notifY th,,. appointed gentlemen accordingly. 1,1inutcs of the City Coullcil November 18, 1062 New Business Councilman Beaven said that he had been appro~ched on several occasions with questions relative to the possibility of a more centrally located refuse collection station Hithin the Ci.ty limits ~rhere trash could be broùght, then compacted by the Los AJ"oos GDrbage Compa..1'lY and removed. Possibly, this could be an lmdergrol'nò faeility complete with land- scaping, etc. CC-31 page 7 suggestion for refuse collection stat ion Councilman Beaven moved that the Cit;: He.nAger be instructed to look into directive the matter. Councilman Fitzgerald secondeò. to manager Councilman Stokes we,s confusec1. es to the e:,'act intent of Councilman Beaven's req1Iest, esking if this request ":"cs :;:or a compaction site where no burning takes place or for a lend-filled 2t,rbage dump. Councilman request Beaven clerified that the request was ?or a compaction site where no clarified burning ''/Quid ta..'<:e place. The motion p2sseC unanimously. There w~s no further nell bus iness. Report of Officers A. City Treasurer There was no additional report from the Treasurer. B. City Hanager CO\l.1'lcilman Fitzgerald moved that a minute order be entered into the record to reaffirm the authorization granted by the City Council for the City Clerk tc sign such documents ~s may be required for the HOD Project \m-6-05-0198. ~le 110tion wes seconded by Councilman Beaven and passed unanimously. Mr. storm reported on recurrent vandßlism in the two City parks and suggested a 10 p.m. curfew for the closing of both parks. Considereble discussion enS1,ed RJ'10ng the Councilmen relative to the effect such en Ord,inance would have with a specified time because of the difference in daylight hours during the s~mmer and winter months. City Attorney Anderson suggestei'. a 9 p.m. curfew without an expiration date as an Ordinance violation constitutes a criminal act. He furtber suggested that Cupertino follow esteblished procedures as implemented by adjoining mUl1icipalities. Councilmen Fitzgere,ld so moved, Councilman Beaven seconded and it was passed unanimously. City Manager Strom reported on the èiscussions held in connection with the Right òf Way matter on the southwest corner of StelliQg and Mc- Clèllan Road and suggested adoptio~ of a resolution finali~~~he acquisition of the property for the Ð,ssessment district. treasurer no report manager authorization J;'eaffirmed vandalism reported establishment of curfew suggested curfew authorized discussions of right of way page 8 Res. 1720 adopted Minutes of the City Council November 18, 1968 CC-3l Report of Officers cont'd Councilman Stokes moved to adopt Resolution No. 1720. Councilman Beaven seconded. Ayes: Councilmen Beaven, Stokes, Noel Noes: Councilman Fitzgerald Absent: Councilman Dempster authorization Councilman Stokes moved, COlmcilman Fitzgerald seconded and it was passed to proceed unanimously to reaffirm the authorization given to the architect to proceed reaffirmed with the plans for the library building as had been presented. attorney request for continuance request granted extension granted pub!. Vlorks report on petitions acknmTledge- ment motion withdrawn directives by council relative to petitions audience comment C. City Attorney Attorney Anderson reported on the status of the illegal fill removal on the SGB and Palo Vista properties and stated that he had received a request in good faith to continue this matter to the next meeting. The Council agreed. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to grant minute order approval to the request for continuance. Attorney Anderson told the Councilmen that the litigation with the California Landscape Contractors had received an extension by the Appellate Court to file briefs to January 19, 1969. D. Director of Public Works Director of Public Works Finney reported on the previously submitted written departmental report with particular emphasis on the new petitions received for a Regnart Improvement District. Councilman F'itzgerald moved to acknowledge receipt of the petitions and refer the JIU),tter to the Department of Public Works for establishment of adequacy and resubmission at the next meeting. Councilman Stokes seconded. Councilman Fitzgerald withdrew his motion, Councilman Stokes withdrew his second. Councilman Stokes moved to acknowledge receipt of the petitions; that they be filed with the City Clerk and that the City Clerk be directed to verify the petitions with the Department of Public Works; that this matter be brought to this Council at the next meeting; and that all homeowners be notified in writing that the petitions will be acted upon at the next meeting. Councilman Fitzgerald seconded and it was passed unanimously. Mr. Jack Wright of 22303 Regnart Road, Cupertino, complained about not having been advised of any action in connecti,on with the petitions. The Council advised him that no action had thus far been taken but that he would be notified as soon as any action was contemplated. ORDINANCE NO. 002(0-2) AN ORDINANCE OF THE CITY OF CUPERTINO PROVIDING FOR THE REDUCTION OF THE MINIMUM AREA OF A PLANNED DEVELOPMENT (p) ZONE TO NOT LESS THAN FIFTEEN (l5) ACRES AND AMENDING ORDINANCE NO. 002(0-2) THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 1. Purpose: To provide for more orderly planning of the undeveloped areas of the City it is for the best interests of the City of Cupertino to reduce the minimum area required for re- zoning to a Planned Development (P) zone from not less than twenty five (25) acres to not less than fifteen (15) acres. Section 2, Amendment: Ordinance No. 002(0) of the City of Cupertino is hereby amended so that the last sentence of Section 3:1 of said ordinance shall read: "The minimum area of a Planned Development (P) Zone shall be not less than fifteen (15) acres." INTRODUCED at a regular meeting of on the 18th day of November ,l968, meeting of the City Council of the City 1968, by the following vote: the City Council of PASSED AND ENACTED of Cupertino on the the City of Cupertino at an adjourned regular 27th day of November, AYES: Councilmen: Beaven, Dempster, Fitzgerald, Stokes, Noel NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: Mayor, City of Cupertino ATTEST: City Clerk Minutes of the City Council November 18, 1968 Report of Officers cont'd. E. City Engineer Director of Public Works Finney, in the absence of the City Engineer, presented the departmental report and asked for minute order accept- ance of paper bonds for the Robert Erving (51,206) project and autho- rization to refund the cash bond deposit, Councilman Stokes moved for acceptance as suggested by the staff, Councilman Fitzgerald seconded and it was passed unanimously, There were no reports from the Senior Planner nor from the Chief Building Inspector. H, Director of Parks and Recreation CC-31 page 9 engineer report on 51,206 acceptance granted no staff reports parks Mr. Parham related a recent trip the department had offered the cultur- report of ally disadvantaged children in Cupertino. trip Director of Public Works Finney reported on the last parcel of land for Vallco Park, agreement for which had been received by his department. Mr, Finney stated that the agreement was in order and had been checked to form by the City Attorney. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously tQ authorize the Mayor and the City Clerk to sign the agreement. 1. City Clerk-Finance Director There was no further oral report from that department, Because some of the Councilmen indicated their inability to attend the next regularly scheduled meeting of this Council on Monday, December 2. 1968 Councilman Stokes moved to schedule the next meeting of this Council for Wednesday, November 27, 1968 at 8 p,m, Councilman Fitz- gerald seconded and it was passed unanimously, Mayor Noel ordered the meeting adjourned at 9:50 p.m, APPROVED: ("JM ~ ~~ Mayor; City of Cupertino ATTEST: df.é(f2 City Cler agreement viewed agreement authorized clerk no report, meeting date changed adjournment