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CC 10-21-68 CITY OF CUPERTINO, State of CaJ.lfornla 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGUI;.R MEETING OF THE CITY COUNCIL HELD OCT(])BER 21, 1968 IN THE COUNCIL CHAMBERS, CrrY HALL, CUPERTINO, CAL. The meeting was called to order at 8:00 p.m. by Mayor Noel, who sub- .e~ntly led the assemblage in the flag saluteo Councilmen present: Beaven, Dempster, Fitzgerald, Stokes (8:05 p.m.) Noel. Also present: City Attorney Anderson; City Clerk-Finance Director Ryder; Director of Public Works Finney; City Engineer Boyd; Senior Planner Laurin; Assistant Planner Nuzum; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Record- ing Secretary Lucie M. Matzley. Absent: City Manager Storm. Councilman Beaven moved, Councilman Dempster seconded and it was passed unanimously to approve the minutes of the adjourned meeting of October 7, 1968. Councilman Beaven moved, Councilman Dempster seconded and it was passed unanimously to approve the minutes of the regular meeting of October 7, 1968. CC-29 call to order flag salute roll cal1 adjourned minutes approved regular minutes approved City Clerk Ryder advised the Councilmen of the following written communications: L Request from Tom Henderson, Civil Engineer, to postpone hearing of appeal from denial of Application 21-U-68 to the November 4, 1968 meeting; 2. Eight separate petitions for the continuation of the Regnart Road under the 1911 Improvement District Bond Act; 3. Letter from the Santa Clara County Association of Mental Health, advising the governing bodies of the Visitation Day written at Agnews State Hospital, scheduled for November 7, 1968; communications 4. Letter from the City of Mountain View with a copy of reso- lution passed by that City Council protesting the San Francisco commuter tax; 5. Letter from Mr. Wilson, the Chairman of the Library Commission, advising of the resignation of Mrso Sheri Bestul, and re- questing the Council's consideration of the appointment of Mr. Robert Mathiasen to the vacancy on the Commission. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to postpone the hearing of the denial appeal of Application 21-U-68 to November 4, 1968. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to request the local, news media to advertise that a vacancy exists on the Library Commissiøn, and to ask interested citizens to submit their application to fill the vacancy. hearing scheduled vacancy coverage requested pege2 matter referred Minutes of the City Council October 21, 1968 CC-29 Written Communications cont'd Counci~ Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to refer the petitions relative to the Regnart Road connection under the 1911 Improvement District Bond Act over to the Director of Public Works for a report at the next Council meeting, correspon- Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed dence filed unanimously to file the balance of the correspondence, no or!Ùs planning missing minutes explained present- ation 22-U-68 presented 22-U-68 approved 17-U-68 presented 17-U-68 approved h control B. present- ation There were no or!Ù communications from the audience, Report of Commissions A. Planning Commission City Clerk Ryder explained to the Councilmen that a Planning Commission meeting had been held on October 17, 1968 but that the minutes of that meeting were unavailable because of the short period of time in which these minutes could have been transcribed, Mr, Ryder indicated, however, that two actions taken at the meeting of October 17, 1968 were listed on the agenda with the rec~ndations as passed upon by the Commissioners, but without the substantiating data. In the absence of Planning Commission Chairman Frolich, Senior Planner Laurin explained the actions taken, on these two items during the meeting of October 17, 1968. Mr. W!Ùter Ward explained that Application 22-U-68 was for a multi-tenant facility located between the City limit boundary and Tantau Avenue. There was some discussion as imposed upon the ap~ication by the Planning Commissjon by which the City reserves the right to re~iew and modify or close the southernmost ingress/egress facility. Mr. Ward stated that he had been in contact with the various agencies and that no problems with the access roads were anticipated. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve Application 22-U-68. Mr. W!Ùter Ward also explained Application 17-U-68 which requested the amendment of an initi!Ùly approved Use Permit to include a building height of forty-nine (49) feet as opposed to the forty (40) feet approved pre- viously. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve Application 17-U-68. Architectur!Ù and Site Control Committee H Control Chairman Small presented the minutes of the October 9, 1968 meeting, explaining that the McDonald application had, in its third sub- mission, been approved conditioned upon a number of items. Mr. Small then introduced Mr. Orrell, who represented both the McDonald chain and the realtor, Mr. Slater. Minutes of the City Coúncil October 21, 1968 H Control Report cont'd Mr. Orrell stated that it was obvious that the usual McDonald building plans had been changed considerably and that the only identification sign for the building would be the free standing pole sign which is completely with the Ordinance limitations. Mayor Noel pointed out that there was an influx of drive~in and take-out types of eating places. He knew of two more applications being readied. He was concerned over the approvals granted for small lot splits which are án invitation to these types of businesses and gas stations. In this particular instance the parcel was split into thirds, and there was no knowledge of how the other tw'o would be utilized. CC-29 page 3 changes stressed mçor's concern over lot split M8¥or Noel continued that his feelings were in no w~ directed to any one organization or chain, but stressèdthat there were numerous lots comments available outside the Cupertino City limits, all of which had established, defined adjoining uses in existence. The applicant maintained that the McDonald administration had found a site in Cupertino after having, unsuccessfully, tried to gain approval by the various City agencies twice before, and had settled on the pro- background posed site which site had been through the necessary channels for approval, cited for the sole reason that other sites had such restrictions on them that made a restaurant of this type not feasible, When asked for his opinion, City Attorney Anderson stated that this was a matter left to the discretion of the City Council; if the Council feels that there is an overabundance of restaurants which do !lot conform to the general welfare of the City, the Ordinances restricting such restaurants could be applied and, if necessary, tried through the Courts. cOlmsel · s opinion Councilman Stokes stated that a municipality in the surrounding area had successfully imposed a two-year moratorium on the approval of restau- rants and asked City Attorney if this could be done in Cupertino, Mr. Anderson answered in the affirmative, citing a recent meeting of the moratorium County Planning Commission during which an application had been set aside suggested for a ,two-year period because the affected community was opposing the application. Mr. Anderson said that he did not know how such action would hold up in the Courts but that his approach was a conservative one which allowed for the fact that the Ordinance allows a private property owner to dispose of his property as he pleases as long as no public nuisance exists or is created, After ~itional discussion, Councilman Stokes suggested a ban, or a freeze, or an outright denial of this type of application on the basis of the discussions by the City Council, requesting that it be,ref~rred to staff, that the staff make contact with the City of San Carlos as- certaining the details of their moratorium previously mentioned, Councilman Stokes moved to direct the City staff to report at the next, meeting on the feasibility of a moratorium for drive-in restaurants, Councilman Beaven seconded and it was passed unanimously. councilman suggests freeze staff report requested page 4 reaction by applicant sought council's powers reiterated need for further study defined 357-HC-68 discussion postponed staff inquiry 373-HC-68 presented lack of data cited request for resubmission 374-HC-68 approved 375-HC-68 approved Minutes of the City Council October 21, 1968 CC-29 H Control Report cont'd Councilman Beaven asked about the reaction of the applicant relative to the proposed moratorium, The applicant stated that this would have to generate from the McDonald administration; however, that this application had been filed for a legally zoned piece of property and had met all the conditions of H ControL Attorney Anderson reminded the applicant that any action by H Control needs the approval of the City Council and that a staff report would be forthcoming at the next meeting, Mr, Andevson also told the Council members that all powers lie with the Council and that proceeding in the manner suggested would not prejudice anyone, Councilman Stokes added that this was the third McDonald attempt, that they had done a commendable job in the changes of the building appear- ance, that the organization was efficient and financially sound and that a possibility of being forced out of business through economic circum- stances was rather remote. However, that because of the two vacant lots on either side of the proposed site, he felt the need for further study and had proposed a moratorium. Councilman Stokes moved to postpone discussion of this application to the next" Council meeting, Councilman Beaven seconded and it was passed unanimously. Chief Building Inspector Benevich reported on the two forthcoming applications to which reference had previously been made and asked how to proceed with these applications. Councilman Stokes felt that the regular process should be completed, and any possible postponement should generate from the City Council. Mr. Dennis Koch presented and explained Application 373-HC-68. It was the consensus among the Councilmen that the application made no pro- vision for any roof appurtenances on the submitted drawings, or their concealment from public view, and that it would be impossible to act on this application because of the lack of such provision. Councilman Beaven moved to request the applicant to re-submit this application to H Control so that a fU1l, rather than a partial plan, can be discussed by the Council at their next meeting. Councilman Stokes seconded and it was passed unanimously. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to approve Application 374-HC-68 as recommended by H Control. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve Application 375-HC-68 as recommended by H Control. Minutes of the City Council October 2l, 1968 H Control Report cont'd CC-29 page 5 In referring to the re-affirmation of H Control members' request to amend the first condition of the 12 Standard Conditions, Councilman Stokes said that he had given the matter much thought and that, in his opinion, each case would need to be scrutinized carefully to avoid repetitions of installations of monstrosities; fUrther, that the amendment of the first condition would make it impossible from the very start to keep roof appurtenances anywhere but within the roof line. He suggested a concurrence with the amended Condition l as proposed by H Control. Councilman Stokes moved the approval of the October 9, 1968 minutes minutes of H Control with the action taken therein. Councilman Beaven seconded, approved Councilman Stokes amended his motion to read that the City Council also approve' the minutes of the September 25, 1968 meeting of H Control in their entirety. Councilman Beaven seconded. The amendment passed unanimously, after which the original motion passed 5 - o. H Control Chairman Small requested that the Goodwill boxes be policed mor~""'Ifrequently by the responsible individuals. Acting City Manager Ryder was instructed to follow up on the original correspondence with the officials involved. C. Parks and Recreation Commission There had been no meeting of this CommissioD; there were no minutes. Public Hearings A. Appeal of denial of Application 2l-U-68 by Roger Johnson. This matter had previously been disposed of. Ordinances l. Second Reading of No. 4l5, amending Section l of Ordinance No.2, by reclassifying a certain portion of the City of CUpertino from an Agricultural-Residential l-acre lot (Al-43) zone to a General Commercial (CG) and a Multiple High-Density Residential (R3-2.2*da) zone. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously that this Ordinance be read by title only and that the ~or's reading of same constitute a second reading, condition l amendment discussed amendment to motion approved pick-up centers discussed parks no minutes p.h. 's appeal Ord. 415 legend second reading Councilman Stokes moved for enactment, Councilman Fitzgerald seconded. Ord. 415 Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel enacted Noes: None Absent: None page 6 Ord. 416 legend second reading Ord. 416 enacted Res. 1700 adopted Res. 1701 adopted Res. 1702 adopted Res. 170;' adopted Minutes of the City Council October 21, 1968 CC-29 Ordinances cont'd 2. Secpnd Reading of No. 416, amending Section 1 of Ordinance No.2, by reclassifying a certain portion of the City of Cupertino from a Residential Single-Family 10,000 sq.ft. lot (Rl-10) zone to a Residential Single-Family 7,500 sq. ft. lot (Rl-7.5) zone, located on the east end of Palm Avenue between Blackberry Farm and the Horse Ranch. Councilman Stokes moved that the Ordinance be read by title only and that the Mayor's reading of same constitute a second reading, Councilman Fitz- gerald seconded and it was passed unanimously, Councilman Stokes moved enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Resolutions 1. No. 1700, payroll for the period ending October 15, 1968 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. No. 1701, miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenses. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 3. No. 1702, Annexation "Orange 68-4" Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councillnen Beaven. Dempster, Fitzgerald, Stokes, Noel Noel!: None Absent: None 4. No. 1703, Annexation "Cordova 68-5" Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Minutes of the City Council October 21, 1968 Resolutions cont'd 5. No. 1704, accepting dedication of real property for roadway purposes from Frank Hoffman Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None CC-29 page 7 Res. 1704 adopted 6. No. 1705, approving final plan for the improvement of frontage Res. 1705 on west side of Blaney Avenue, north of Stevens Creek Boule- vard; authorizing the City Engineer to sign the final plan and authorizing execution of agreement in connection there- with. Councilman Beaven moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, FHzgerald, Stokes. Noel Noes: None Absent: None adopted 7. No. 1706, approving final plan for the improvement of front- Res. 1706 age of southeast corner of Stevens Creek Boulevard and Miller Avenue; authorizing the City Engineer to sign the final.:¡)lan and authorizing execution of agreement in connection there- with Councilman Beaven moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Unfinished Business 1. Guide lines for enclosing roof appurtenances. Amendment of the first condition of the 12 Standard Conditions as im- posed by H Control had previously received approval by the Council. 2. (a) Plans for grading and suggested limited development of Linda Vista Park. (b) Feasibility on financing suggested limited development of Linda Vista Park. Parks and Recreation Commission Chairman Seð..Þ:, , addressed the Council stating that, prior to the commencement of the City Council meeting this day, his Commission had met in special session to discuss the Linda Vista Park project. According to Mr. Sedlak the members of the Commission were of the opinion that of the reportedly $25,000 avail- able for the park development, $10,000 to $12,000 should be allocated for the master planning of the three western neighborhood park sites, with the balance to be used for the initial grading of Linda Vista park. Mr. Sedlak stated that it had been the consensus of the members that no grading of Linda Vista park should be' effected until the Parks and Recreation Commission members would ~ave an opportunity to study the proposal further. adopted unf. business guide lines approved previously linda vista park matter commission's suggestion for allocation of funds page 8 councilman disapproves statement by mayor disappoint- ment voiced course of action outlined motion to proceed motion withdrawn matter postponed items deferred architect's presentation plans to go to bid recess Minutes of the City Council October 21, 1968 CC-29 Unfinished Business cont'd Councilman Stokes stated that he disapproved of spending funds for a master plan when there are no existing funds available and no one has any indication from where such funds can be drawn. He reiterated his previous stand that it would be completely unreasonable and fiscally irresponsible to expend funds for master planning until it is known where the money for the actual development of the park comes from. Mayor Noel agreed with Councilman Stokes and said that the proposal had been channeled through the Parks and Recreation Commission as a courtesy and formality only, and that he was sure that certain directives given by the Council had been completely misunderstood. Councilman Beaven voiced his disappointment at the Commission's recommend- ation and felt that the members of the Commission had not understood the basic issue - the real need for a city park on the west side and south- west area of the City. Councilman Dempster agreed stating that the Commission had made a recommend- ation, after which it was left entirely to the discretion of the Council members to accept the recommendation, take it under advisement, and take action as they saw fit, which action would best serve the interest of all the citizens of Cupertino. Councilman Dempster moved to proceed with the grading as recommended by the Architect, and direct the staff to submit a proposal for allocation of funds and a suggestion in which fashion these funds should be spent, Councilman Stokes seconded, but questioned the feasibility of proceeding with just the grading as there were several matters to be considered; erosion of the mountain for one, and suggested that the City Manager submit a report on the actual finances available and directed that, in the absence of the City Manager, the Finance Director and Acting City Manager submit such report to the City Council. Councilman Dempster withdrew his motion, Councilman Stokes withdrew his second to that motion. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to postpone discussion of this matter for two weeks to the next regular meeting of this Council. By general consensus, Items 3., 4. and 5. of the listed agenda under "Unfinished Business" were postponed to the next regular meeting. Architect Bill Hedley made an oral presentation relative to the Portal and Wilson Parks building plans, stating that he had been in constant contact with the City staff and that no problems had been encountered, Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to authorize, by minute order, that the plans by the architect be placed in bids, Mayor Noel called a recess at 9:50 p.m, Minutes of the City Council October 21, 1968 The meeting reconvened at 10:00 There was no new business . Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager Acting City Manager Ryder had nothing to add to the previously sub- mitted written report from the vacationing City Manager. C. City Attorney Attorney Anderson reported on conferenceBheld with the Water Conser- vation District representatives and asked permission to postpone further discussion of this matter until the City Manager returns from his vacation. The Council agreed. D. City Engineer City Engineer Boyd reported that he was in receipt of a letter from McKa¥ & Somps, representing Mr. Woolworth, requesting a waiver of the underground utility requirement. Mr. Boyd cautioned that, although he recommended approval of this waiver, a cut-off date for overhead facilities should be "established to achieve ultimate complete conver- si~n to underground installations. There was some discussion among the Councilmen on this subject. Coun- cilman Stokes stated that he would feel more lenient toward the request'if the subdivision under discussion was larger. He also recalled previous requirements imposed on others where the under- ground facilities had to be provided. He then moved that the request be denied. Councilman Beaven seconded, City Engineer Boyd stated that the basis for his recommeridation to approve the waiver had 1:¡een that there was no cut-off date thus far which would be necessary to administer any City Council decision. Councilman Stokes suggested a report from the staff on this matter, such reportitp be taken under advisement. The motion to deny the request for a waiver was passed unanimously. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously, to accept, by minute order, the wall as con- structed at Oak KnOll Hills, Unit #2, and authorize release of the $1,000.00 cash bond as requested by the City Engineer, CC-29 page 9 re-start no new bus. treasu:¿r no report manager no report attorney request for postponement granted engineer request for waiver reported previous action recalled basis for recommendatio: report from staff asked request denie, 51,001.3 accepted by minute order page 10 citizen complaints received matter referred to attorney publ. works policy proposal submitted matter to counsel planning no additions building no report parks no report clerk request to purchase bills request granted Minutes of the, City Council October 21, 1968 CC-29 City Engineer Report cont'd ~. Boyd further reported that he was in receipt of a number of citizen' complaints relative to an illegal fill by Mr, Provence on the Stella Dirksen property. Mr. Boyd maintained that this was in violation of the earth moving Ordinance, that no permit had been secured, that Mr, Provence had been advised of this violation, but that the fill had not been moved to date, causing the adjoining property owners to protest in force. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanilnously to direct the City Attorney to contact Mr. Provence with a demand to remove the fill in accordance with the City Ordinance. E. Director of Public Works Mr. Finney reviewed his previously submitted written report, and requested the Council to approve by minute order a proposed departmental policy for the providing of water service to persons in the County, pending completion of annexation proceedings. He stated that this should, if the Council so desired, be adopted as Council policy also. Among the conditions suggested was the City's reserving the right to pull the water meter if some problem developed over completion of the annexation. The Council doubted both the advisability and legality of shutting off water service for this reason, and requested that the City Attorney submit a report on the matter. F. Director of Planning There was no report from that department other than the Planned Community Ordinance Amendment could be again placed on the agenda. G. Chief Building Inspector There was no report from that department. H. Parks and Recreation There was no further report from that department. 1. City Clerk - Finance Director Finance Director Ryder advised that the sale for the Library Bonds was scheduled for Wednesd~ morning in San Francisco and requested Council approval to purchase $300,000.00 of Treasury bills, Councilman Dempster so moved, Councilman Fitzgerald seconded and it was passed unanilnously. .;.., Minutes of the C~ty Councìl October 21, 1968 City Clerk - Finance Director Report cont'd Mr. Ryder also stated that, in connection with the water tank project, HUD requires an audit of the account. The City's auditors had been contacted in an attempt to ascertain their willingness to perform thi service; they in turn had agreed to perform the audit tor the regular standard rate of $9,00 per hour for a maximum of $250,00, Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to authorize the audit to be performed as recom- mended by the Finance Director. City Attorney Anderson expressed his desire to accompany the Finance Director to the sale of the bonds to have the matter concluded. Councilman Beaven reported on a recent incident in the City of Cuper- tino in which a merchant had allegedly been threatened with the demolition of his establishment if a request for the cashing of an out-of-state check was not honored. The salesman had subsequently called the San Jose police department who had stated that this area was out of their jurisdiction and had suggested he call the County Sheriff's Department. The Sheriff's Department had been called but their response had been such that Councilman Beaven had been unable to comprehend same, Mayor Noel and other members of the City Council came to the defense of the Sheriff's Department etating that the deputies had been timed on numerous occasions when their help was needed and that their response had always been extremely prompt and efficient. Councilman Beaven moved to direct the Acting City Manager Ryder to contact the Sheriff's Department and get a complete report on the event. Councilman Stokes and Councilman Dempster, however, felt that both sides should be heard before the Sheriff's Department is accused in any way, and directed the Acting City Manager to check out the occurrence and report back to the Council. On this basis, Councilman Dempster seconded the motion which was passed unanimously. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to adjourn the meeting, The meeting adjourned at 10:30 p.m, APPROVED: No 1 Mayor, City of Cupertino ATTEST: /s/ WID. E, Ryder WID. E. Ryder, City Clerk CC-29 age 11 eed for audit cited audit ok'ed councilman reports threat to merchant deputies defended complete report requested adjournment