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CC 10-07-68 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 OCTOBER 7, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:08 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 Attorney Anderson; City Manager Storm; City Clerk - Finance Director Ryder; Director of Public Works Finney; City Engineer Boyd; Senior Planuer Laurin; Assistant Planuer Nuzum; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie K. Matzley. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the minutes of the September 16, 1968 meeting as printed. Councilman Stokes moved, Councilman Fitzgerald seconded and it was paøsed unanimously that the minutes of the special meeting of this Council under date of October 1, 1968 be approved. COIIIIDUnicat1ons CC-28 call to order flag salute roll call minutes approved special minutes approved FiUance Director Ryder introduced Mr. Mel Davison of Stone and Young- berg, the City's financing consultant, and stated that after the introduction opening of the bids received for the Library bonds Mr. Davison would read them to the Council. Mr. Davison, prior to reading the two bids as received from Bank of America and Associates and Wells Fargo Bank, explained the usage of the submitted bid form stating that the award would be made to the bids explained highest bidder and, under the terms of the bid regulations, the highest bidder would be the one who affords the lowest net income cost. The bid results for the $300,000 principal amount were as follows: Baak of America and Associates - $300,000 par value f40,OOO maturing 10-1- 69 through 10-1-75 67. 30,000 10-1-76 10-1-78 l¡1,¡7. bank of america 55,000 10-1-79 10-1-83 4 3/47. bid amounts 175,000 10-1-84 10-1-93 57. Less premium of $138.00 - net interest cost $239.449.50, with an effective interest rate of 4.96787.. page 2 wells fargo ba~ bid amounts finance director excused agenda reversion audience report of eye-sores metters referred nO others written cOllllluni- cations Minutes of the City Council October 7, 1968 Bid Opening cont'd CC- 28 Wells Fargo Bank - $300,000 par value $70,000 maturing 10-1-69 through 20,000 16-1-79 50,000 10-1-81 60,000 10-1-85 100,000 10-1-89 Less premium of $~.OO - net interest effective interest rate of 5.2061. 10-1-78 61 10-1-80 4.901 10-1-84 51 10-1-88 5.101 10-1-93 5.201 cost $250,929.00, with an Mr. Davison asked that he be permitted to check the figures and percentages for correctness, after whicl1:t1me he would address the Counc:\.l with the results of the biddina for subsequent awarding of the bid. Finance Director ~der asked to be excused from Cbambere to accommodate Mr. Davison; the Council consented. In the absence of the City Clerk, Mayor Noel asked for oral communications indica~ing that the'agenda order would revert to the written communications upon return of the city Clerk. Mrs. Anne Anger addressed the Council reporting a number of unsightly and, in her opinion, monstrous constructions within the City of Cupertino, enumèreting the picket fence on top of the Monsanto Building in the West Valley Xn&ustrial Park and"a Union 76 sign on Alhambra Avenue. She also complained about, the Gaglia880 trucks which are still on the premises although they had been promised to be removed some time ago. Also, these same Gagliasso trucks are using Orange Avenue for their truck route although Orange Avenue is only 40'wide. She indicated that she would approach every available governing body with a request to take the tax burden off the homeowners in the respective cities for Foothill College students who are non-resident, expressing dissatisfaction with the influx of "hippie" type IItudents. Councilman Dempsterœoved, Councilman Beaven seconded end it was passed unanimously to refer these matter to the City Manager. there were DO other oral communications. ..verting back to the original order of the agenda,City Clerk ~der advised the Council of the following written communications: 1. Letter from Tom Hsnderson, Civil Engineer, appealing denial by the Plenning Commission of Application 21-U-68 for installation of three ges pumps at the car wash on Ssich Way; 2. Letter from, the Mayor of San Pablo, submitting a Resolution by that City boycotting the San Francisco commuter tax, asking that the City Council take cogni~ance of this action; 3. Letter from Title IlUIurance and Trust Company, requesting, acceptance of Quit Claim Deed on the new park site property; 4. Letter from Mrs. Frank Garcia of Eaton PTA. requestipg that the City Council proclaim the month of October as "Join your PTA Month". Minutes of the City Council October 7, 1968 Written Communications cont'd Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to proclaim the month of October as "Join your PTA Month". Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to set the hearing for the appeal of denial of Application 21-U-68 for the next'regular meeting CC- 28 page 3 pta month proclaimed 21- u- 68 appeal scheduled It was moved by Councilman Stokes, seconded by Councilman Dempster and passed unanimously that the City Council accept the quit claim quit claim deed and escrow conditions for the purchase of the water tank site deed property and that the City Clerk notify the Title Company accordingly. accepted Counçilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to file the balance of the correspondence. ReDort of Commissions A. Planning Commission letters filed planning Planning Chairman Frolich presented the minutes of the September 23, 1968 meeting; there was no further report. no report B. Architectural and Site Control Committee H Control Chairman Small presented the minutes of the September 25, 1968 meeting. Prior to c01lRllenCement of discussions, Councilman Stokes asked to abstain from all discussions in connection with Application 371-HC-68. The Chair approved. Council..n Fitzgerald moved, Councilman Dempster seconded to approve Application 371-HC-68. The motion passed 4 - 0, with Councilman Stokes abstaining. Chairman Small asked that the City Council consider the amendment of the first condition of the 12 Standard Conditions of H Control, by the passage of which all appurtenances would be required within the roof line of anyone building. Some discussion ensued on the matter with Councilman Stokes stating that this reqsirement would place an additional monetary burden on developers of large constructions, although he was in complete agree- ment that picket fences that semi-hide existing appurtenances on roof tops are most unattractive. Councilman Stokes suggested that the members of H Control review this matter further in light of the ideas expressed by the City Council and that the American Institute of Architects be contacted with a request for information of how air conditioning units can be hidden within roof lines. Chairman Small agreed to re-submit this matter to the members of ~Control for further study. h control present- ation 371-HC-68 approved amendment requested councilman's views matter referred back to h control page 4 additional powers for building department report I?f bid ìtudy bid award to bank of america linda vista park plans presented councilman suggests procedure lack of funds cited IIIItter referred ~ farks no a:eport Minutes of the City Council October 7, 1968 CC- 28 H Control minutes cont'd Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to empower the Building Department to require that any modification of plans embodying "visible" changes after their original approval by the various governing bodies shall be returned to H Control for review and subsequent action prior to commencement of construction of such modifications. At this point, Mr. Davison had concluded his study of the bids and reported that the bids for the Library Bonds were found to be in order and that the bid should be awarded to the Bank of America and Associates. Councilman Dempster so moved, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: ' None Absllat: None Hr, Eldon Beck, landscape architect, presented grading plans for the proposed Linda Vista Park and said that this was the most potentially superb and prime park land he had ever seen and it afforded, from its high points, an extravagant view of the entire Bay area. It was Hr. Beck's contention that a realistic program for this park should be worked out by which the initial development could easily be started with available funds and the balance of the progra~ to be undertaken when funds are available. He preferred to retain as much of the natural wild life setting as possible to provide for the continuing enchantment of the area. CDuGCilman Beaven stated that he had spent many hours viewing the site and suggested three phases to bring this park development to fruition; 1) initiate the earth moving as suggested by the architect and ~e picnic areas availaÞle for all citizens at the high point of the park; 2) dev.lop the lower site for parking and drainage; and 3) consider the constr\olctiDn of a ,park building, designed as vandal proof, as possible, with the funds of an anticipated $25,000 to be covered by the City's General Fund. Mayor Noel reiterated the lack of funds for this and other projects and suggested that this matter be referred to the Parks and Recreation Department for review and recommendation. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to refer this matter to the Parks and Recreation Department for their review and report back to the City Council at the next Council meeting. c. Parks and &ecreatioa Commission Parks and Recreation Director Parham presented the September 25, 1968 and Sept~ber 30, 1968 minutes; there was no further report. ".. Minutes of the City Council October 7, 1968 Public Hearin¡¡;s A. Ordinance No. 415: Application 18~~68 filed by Sutter Hill Development Company, for rezoning of property from an Agri~ cultural~Residential I-acre lot (Al~43) zone to a General Commercial (CG) and a Multiple High-Density Residential (R3-2.2*da) zone. Approximately 25 acres located on the southeast corner of Homestead Rea, p~' :telling Road. Mr. Wes Frey, president of Sutter Hill Development Company, presented the application by the use of aerial maps. There were no audience comments. Senior Planner Laurin explained that no objections to this application had been received and that the Planning Department had suggested that the requirements for a variance for more than 20,units per lot be waived and a development plan be submitted for this application prior to the request for a building permit. Councilman Stokes moved, Councilman Fit~gerald seconded and it was passed unanimously to close the public hearing. Councilman Dempster moved, Councilman 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 first reading. B. Ordinance No. 416: Application 20~Zœ68 filed by Ward Crump Developments, for the rezoning of property from a Resi- dential Singl~family lO,OOO sq.ft. lot (Rl-IO) zone to a Residential Single-famfly 7,500 sq. ft. lot (Rl-7.5) zone. Approximately II acres located on the east end'of Palm Avenue between Blackberry Farm and the Horse Ranch. Mr. Ray Crump presented the application. There were no audience comments. Councilman Stokes moved, Councilman Dempster secoDded and it was passed unanimously to close the public hearing. Councilman Dempster moved, Councilman 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 first reading. Mayor Noel called a recess at 9:20 p.m. The meeting reconvened at 9:30 p.m. Ordinances Items 1. and 2., Ordinances No. 415 and 416, respectively, had pre- viously been acted upon. CC~ 28 page 5 Ord. 415 legend present- ation no comments staff report p.h. closed first \ reading Ord. 416 legend present- ation no comments p.h. closed first reading recess previous action page 6 Ord. 414 legend Ord. 414 enacted 002 (0- 2) legend matter referred to p.c. 002(CI-l) legend 002CCI-l) enacted Res. 1694 legend adopted Res. 1695 legend adopted Mj,nutes of the City Council October 7, 1968 CC-28 Ordinances cont'd 3. Second Reading of Ordinance No. 414, 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. minimum lot size (Rl~lO) zone to a Residential Single~family 7,500 sq. ft. minimum lot size(Rl-l.5) zone, located on the east side of Randy Lane between Forest Avenue and Stevens Creek Boulevard. Councilman Stokes moved for enactment, Councilman ~mpster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noe s : None Absent: None 4. Second Reading of 002(0~2), providing for the reduction of the minimum area of a Planned Development to not less than fifteen (15) acres and amending Ordinance No. 002(0). Ordinance 002(0-2) was referred to the Planning Commission with the recommendation that it be amended to include all the uses now contained in the Planned Community Ordinance. The motion to that effect was made by Councilman Fitzgerald, seconded by Councilman Stokes and passed unanimously. 5. Second Reading of 002(q-l), establishing requirements for off~street parking. Councilman Stokes moved enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noe s: None Absent: None Resolutions 1. No. 1694: accepting dedication of real property for roadway purposes of Tract No. 2551, located on Gillick Way. Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, F'k",,,, : 1 , Stokes, Noel Noes: None Absent: None 2. No. 1695: accepting a grant of easement from Paul C. Bean; located at the southwesterly corner of Lot 46, Tract 2808, Pepper Tree Unit No.2. Councilman Dempster moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noe s: None Absent: None '.'" '.,: Minutes of the City Council October 7, 1968 Resolutions cont'd CC- 28 page 7 ¡ ì 1968. Res. 3. No. 1696: payroll for the period ending September 30, City Treasurer Fitzgerald presented the payroll. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 4. No. 1697: miscellaneous and general expenses. City Treasurer Fitzgerald presented the list of penses. Councilman Dempster moved ,for adoption, seconded. Ayes: Noes: Absent: miscellaneous ex- Councilman Stokes Councilmen None None Beaven, Dempster, Fitzgerald, Stokes, Noel s. No. 1698: approving final map of Tract No. 4043; accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign final map, and authorizing the agreement in connection therewith. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven'", Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. No. 1699: authorizing execution of a reimbursement agree- ment by the Mayor and the City Clerk. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noe s: None Absent: None Unfinished Business A. Status of Plans and Specifications for Library Building. this matter was agreed to be heard in conjunction with the City Manager's Report. B. Report on signalization of Phar Lap Drive and Stevens Creek Boulevard. Director of Public Works Finney reported that no further report had been received from the County relative to a joint responsibility for the left hand turn and that the cost would be a possible $10,000. 1696 adopted I ¡ I Re 1697 ¡ s. ",. I adopted I Res. 1698 , i I'd"'~d j " I Res. 1699 I adopted library plans to be heard later traffiç signals staff report page 8 request for withdrawal of use permit attorney's request matter referred to counsel lœs.,1693 library bonds awarded Minutes of the City Council October 7, 1968 CC- 28 Unfinished Business cont'd Councilman Stokes reiterated his dissatisfaction with the appearance of theitrailer operation within the Mobil Gas station on Stevens Creek Boulevard, reminding his fellow Councilmen that the Use Permit for that operation was about to expire or had already expired. It was Mr. Stokes' request that the Use Permit for the operation of the trailer rental be withdrawn. City Attorney Anderson requested authorization to review this matter as it was not clear whether this was a Use Permit expiration or a zoning violation case. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to refer this matter to the City Attorney for appropriate legal action. New Business A. Award of Library Bonds sale - Resolution No. 1693. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Report of Officers treasurer A. City Treasurer no report There was no further report from the Treasurer. manager B. City Manager change in agreement indicated ok to proceed- question explana- tions City Manager Storm reported that the County Board of Supervisors had approved additional funds of $70,000 toward the construction of the library so that it might also house the administrative staff of the County Library system. A minor change in the agreement with the County wOuld have to be affected. Mr. Storm asked for authorization to write to the architect to speedily proceed with the preparation of the plans and specifications, as a re~submission of this application to the State of California would not be required. Councilman Dempster so moved, Councilman Stokes seconded but asked how the architect could be asked to proceed if continuous additional changes were necessary. Mr. Storm reported that the Council already had approved the size of the building a~d the additional parking space required, as had the State. All that was now needed was to amend the contract with the County to includettheir contribution previously mentioned. There was some confusion on the newspaper article of what this $70,000 was for and how it was to be applied. Minutes of the City Council October 7, 1968 Report of Officer's cont'd Councilman Dempster amended his motion to direct the City Manager to contact the County Executive wit~ a request for a detailed breakdown of precisely what items are covered in the $70,000 approved fund. Councilman Fitzgerald seconded. The amendment passed unanimously, after which the original motion passed 5 - 0; Mr. Storm stated that the City Engineer and the Director of Public Works had reported the completion of plans for the Blaney Avenue project. Mr. Storm requested authorization to contact the home- owners in that vicinity requesting a meeting to discuss the project with an indication of the City Council's decision on the matter. Councilman Stokes recalled his original statement that this was not a subdivision and with very little foot traffic it only needed a temporary walkway for the safety of the school children. He then moved that the City proceed with the original plan for the widening of,.:alaney Avenue fI:'_ curb to curb with curbs, gutters and !!1'!lM drains in exchange for ded~cation from the property owners. Council- man Dempster seconded and it was passed unanimously. City Manager Storm reported on the Bubb Road project stating that one homeowner would not dedicate unless a full sidewalk was installed by the City. The Councilmen indicated their disagreement in installing full sidewalks for a homeowner and agreed with the City Manager that the City should not build a sidewalk for that one individual. City Attorney Anderson indicated that he would prefer to research this matter with a possibility of enforcing eminent domain procedures against this property owner. Councilman Stokes moved to proceed with the improvements but with no City moneys being expended for a sidewalk; instead, a temporary wålk- way for school children would be installed. Councilman Dempster seconded and it was passed unanimously. City-Manager Storm, reminded the Councilmen of the Town Hall meeting to be held on Tuesday, October 8, 1968 at the Fairgrounds. Councilman Stokes moved to permit the City Manager's vacation startin October 21, 1968. Councilman Dempster seconded and it was passed unanimously. C. City Attorney Attorney Anderson reported on a recently attended meeting with the Water Conservation representative at the new treatment plant next to La Rinconada Country Club. Mr. Anderson stated that the officials had requested the payment of a pump tax and that he was not sure whether this water should be taxed on the basis of surface or sub- terrainian water, indicating that he would agree to have a storage tax but not a pump tax. A report is to be submitted later. CC-28 page 9 amendment to motion votes blaney avenue I original blaney plan authorized lack of cooperation I cited attormay's request improvements authorized reminder manager's vacation ok'd attorney report on meeting page 10 pub 1. works report submitted engineer written report 51.143.1 approved planning building staff report matter referred parks written ~eport clerk no report represent- ation requested Minutes of the City Council October 7, 1968 CC- 28 Report of Officers cont'd D. Director of Public Works Mr. Finney elaborated on a previously submitted written report which included the Vallco Park and Candy Rock Mountain matters. E. City Engineer In reviewing a previously submitted written departmental report, Mr. Boyd reported on various listed matters. fursuant to the City Engineer's request, Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to accept the improvements of,Unit No.2, Foothill Convalescent Center with the condition that the bonds be withheld until the trees are planted by the, developer or until. the developer has p~id the required $15.00 fee per tree. This same motion included acceptance of improvements for Tracts 4398 and 4461 and the northwest corner of Highway 85 and Kirwin Lane. F. Director of'Planning There was no report from that department. G. Chief Building Inspector Mr. Benevich reported on a completed subdivision where the improvements had been accepted without the installation of the City trees. This was due to the selling of the lots by a developer to individual builders. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to refer this matter to the City Manager for a report. H. Director of Parks and Recreation Mr. Parham elaborated a previously submitted written departmental report; there was nothing further. I~ City Clerk There was no report in addition to the written departmental outline. Oouncilman Stokes stated that the Transportation Policy Committee had rèce~tly recommended to the Board of Supervisors that a traffic district and County wide bus system separate from the Transit District be established, with a.committee to be formed to initiate rules, regulations and by-laws for subsequent enactment. Mr. Stokes felt that the City of CUpertino should be represented on this Committee. Minutes of the City Council October 7, 19GB Councilman Stokes reiterated his previous requests for procedure pam- phlets from the Building, Engineering and Public Works Departments. City Manager Storm stated that he was in receipt of these pamphlets and would submit them to the Council prior to commencement of his vacation, Councilman Fitzgerald reminded the departments that the Policy Planning Commission had requested the completion of questionnaires and that, although the deadline for submission of the completed questionnaires had lapsed, they should still be forwarded to the County post haste. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that the meeting be adjourned. The meeting adjourned at 10:25 p,m. APPROVED: ~k~~ Mayor, ctty of Cupertino ATTEST: ~8~ C ty Cler CC-2B page 11 pamphlets requested submission of data requested move to adjourn