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CC 07-01-68 -Yo CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNC11L HELD JULY 1, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. 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, Noel. Absent: Councilman Stokes. Also present: City Manager Storm; City Attorney Anderson; City Clerk-Finance Director Ryder; Director of Public Works Finney; City Engineer Boyd; Assistant Planner Nuzum; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Councilman Beaven requested that the minutes of the June 17, 1968 meeting be corrected as follows: On page 9 under "reminder of past difficulties" the sentence commence "Councilman Beaven. . to, and on page 10 under "talks de- ferred" the sentence to begin "Councilman Beaven moved . . ". _.~, Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously that the minutes of the June 17, 1968 meeting be approved as corrected. Councilman Beaven drew attention to a typographical error in the minutes of June 18, 1968, the adjourned regular meeting, to wit: on page 1 , the third paragraph to read " . ., the Council ad- journed at 7:37 p.m. to a personnel session." Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously that the minutes of the June 18, 1968 adjourned regular meeting be approved as corrected. CC-19 call to order flag salute I roll . ¡ call I corrections ¡ to minutes ¡ í minutes j approved ! I I , í minutes . corrected ~ ¡ minutes i approved City Clerk Ryder advised the Councilmen that the following written communications had been received: 1. Letter from Mrs. Vincent Franzella, appealing the Use Permit for the Cupertino Swim and Racquet Club as granted by action of the Planning Commission under date of June 24, 1968; 2. Letter from Mr. John Hanahoe, appealing the denial as 1 written rendered by the Planning Commission on June 24, 1968 relative' communi- to the rezoning of his property; cations 3. Letter from Attorney Dreyer, appealing the Planning Commission's denial of Applications 16-~68/14-U-68; 4. Letter from Mr. Mathot of Claude T. Lindsay, Inc., ob3ecting to the requested zoning of Applications 14-Z-68/13-TM-68; 5. Letter from Mr. Marty DuShey, asking for a contribution of $1,000.00 for a football club; page 2 written communi- cations continued request referred statement hearings scheduled accept- ance point clarified no orals planning present- ation 12-U-68 legend clarifi- cation requested Minutes of the City Council July 1, 1968 CC-19 Written Communications cont'd I ¡ ¡ ; I ¡ 6. Letter from Powell & Lee, Realtors, indicating that the 30-day trial period had lapsed and asking the City Council for review of the pole sign as installed; 7. Letter from the City Clerk of Gilroy with attached Resolution, requesting that the Board of Supervisors approve the formation of a local conciliation council to be known as the Santa Clara County Human Relations Council, to be financed by the Board of Supervisors; 8. Claim for personal injuries as allegedly sustained by one Victor Zepeda, Jr.,submitted by Attorney Daniel Anderson. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to refer the request for the donation to the Football Club to the City Manager for a report. City Manager Storm stated that the Personal Injury matter will be referred to the Insurance Company, no further action was needed at this time. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that all three appeals be set for Public Hearing at the next regular me~ting of this Council. Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously to accept and file the balance of the correspondence. Mr. DuShey, who had submitted the request for a donation to a football club, needed a point clarified and was instructed that the matter of the donation had been referred to the City Manager and that he should contact Mr. Storm. There were no oral communications. Report of Commissions A. Planning Commission Planning Commission Chairman Frolich presented the minutes of the June 24, 1968 meeting and explained the actions taken by the Planning Commission. Application 12-U-68: Walter Jensen, et al., Use Permit for a motel, restaurant, lounge, gasoline service station and other related commer- cial uses within a Planned Development zone. Approved by Planning Commission Resolution 532 on June 24, 1968. Councilman Dempster asked that the City Attorney clarify the Council's position in this matter relative to this being a Public Hearing. Attorney Anderson stated that the Ordinance requires that the City Council review and approve this matter, much like it would a Tentative Map. Minutes of the City Council July 1, 1968 Planning Commission Report cont'd (12-U-68): I I , [CC-19 ,page 3 I i Mr. Harry Falk, the applicant, reiterated his previous statements i and covered each condition on the application, as imposed by the : Planning Commission, individually. In the ensuing discussion, the ¡applicant following was requested: !requests Condition 13) as stated; !changes 14) the sentence to read ". . bonds for the street im- in provements bv the applicant; ¡conditions as stated; I to read " . . that Mr. Rodrigues offer to dedicate.. to; ¡' as stated; to read to. . until all the street improvements have I been accepted. . "; I 19) to read "that the buildings be substantially as shown on the rendering etc."; I City Attorney Anderson gave the Council the benefit of his legal ¡counsel opinion and concurred that the above changes/additions should be ¡¡concurs made. 15) 16) 17) 18) Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that Application 12-U-68 be approved. as outlined above. Councilman Dempster moved, Cpuncilman Fitzgerald seconded that the map, known as Planning Commission Resolution 531, attached to Ordinance 274 designating the uses for the Planned Community, be amended. Ayes: Noes: Ab sent: Councilmen None Councilman Beaven, Dempster, Fitzgerald, Noel Stokes Application 14-~68: Don Bandley, Tentative Map for three lots, approved by Planning Commission Resolution 535 on June 24, 1968. , , i 112-U-68 , ! approved i !map !amended I , i ¡ 1 I , 14- TM- 68 ; legend i Mr. Tom Henderson, Civil Engineer, presented the application. Upon i the advice of City Attorney that this matter should be approved 'present- by minute order as a Tentative Map, Councilman Beaven moved, Council-ation man Dempster seconded tD(1approve~pU.dal1tØl1i 1.4..-..68 as set forth I in the Planning Commission's minutes of June 24, 1968. 14-TM-68 Ayes: Councilmen Beaven, Dempster, Noel approved Noe s: None Absent: Councilman Stokes Abstain: Councilman Fitzgerald B. Architecture and Site Control Committee H Control Chairman Small presented the minutes of June 26, 1968 and explained the actions taken during that meeting. h control , pre sent- 'at ion i I' i page 4 minutes approved parks lL) 1.,:Î, tl.Ll' no minutes no public hearings ordinances Ord. 404 second reading read by title Ord. 404 enacted Ord. 406 first reading title read Ord. 407 first reading ti tle read Minutes of the City Council July 1, 1968 CC-l9 H Control Report cont'd Councilman Fitzgerald moved, Councilman Dempster aeconded and it was passed unanimously that the Minutes of June 26, 1968 of the Architecture a nd Site Control Committee be approved with the exception of Applica- tions 290-HC-68 and 348-HC-68. C. Parks and Recreation Commission There were no minutes from that commission. Public HeariIl ?;s There were no listed public hearings. Ordinances 1. No. 404, ordering stop signs to be placed at specified intersections of City streets within the area bounded by McClellan Road, Bubb Road, Rainbow Drive and Linda Vista Drive. Second Reading. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Dempster moved for enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noe s : None Absent: Councilman Stokes 2. No. 406, providing for the payment of fee toward the purchasing, planting and maintenance of street trees. First reading. 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. 3. No. 407, amending Ordinance No. 125; first reading. 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. Parcel 11 in the jRes. 1381-45 and costs. (De Anza! ì I seconded for adoption ¡Res. 1381-45 ! adopted Minutes of the City Council July 1, 1968 Resolutions 1. No. 1381-45: authorizing settlement of sum of $2,000.00 inclusive of interest et al., Improvement District 66-1) Councilman Dempster moved, Councilman Beaven of Resolution 1381-45. Ayes: Councilmen Beaven, Noes: None Absent~ Councilman Stokes Dempster, Fitzgerald, Noel 2. No. 1652: accepting a dedication pf real property for roadway purposes from Young Men's Christian Association. Councilman Dempster moved, Councilman Fitzgerald moved for adoption of Resolution 1652. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Absent: Councilman Stokes CC-l9 page 5 i I resolutions . , i ! Res. 1652 , ¡ 1 1 Res. 1652 ! adopted ¡ Res. 1653 ¡ ¡ City Treasurer Fitzge~ald presented the payroll. Councilman Dempster! Res. 1653 I moved for adoption, Councilman Beaven seconded. : adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Absent: Councilman Stokes I Res. 1654 ¡ , , \ ! Res. 1654 ¡ adopted ¡ ¡ ( I unf.business , I I I Councilman Dempster stated that he had personally reviewed the pOleJ sign as installed by Mr. Powell and that he preferred it to any thin that might be placed on the roof of the building. He said that the I statements by sign was excellently conceived, the landscaping exemplary, and the ¡ councilman entire matter carried out in good taste. ! 3. No. 1653, allowing claims and demands for personal ser- vices for the payroll period ending June 30, 1968. 4. No. 1654, allowing claims and demands for miscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of claims. Councilman Dempster moved, Councilman Beaven seconded for adoption. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Absent: Councilman Stokes Unfinished Business A. Review of Powell & Lee Realtors Pole Sign. (Application 328- He- 68) . Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously to approve Application 328-HC-68. 328-He-68 approved ! j t page 6 applicant commended Res. 1639 statement Res. 1639 rescinded new business proposed shift to judicial district discussèd background information Res. 1656 adopted Minutes c the City Council July 1, 1968 CC-19 Unfinished Business, Item A. cont'd Mayor Noel mentioned that he had originally voted "No" on this application but after reviewing the pole sign he could only wish that all applicants would apply themselves in such an excellent manner to promises made to the City Council relative to the in- stallation of signs, etc. B. Rescinding Resolution No. 1639. City Clerk Ryder reiterated that, at the last meeting, an Emergency Ordinance had been enacted which made Resolution No. 1639 superfluous. Councilman Fitzgerald moved to,rescind Resolution 1639, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noe s: None Absent: Councilman Stokes New Business Councilman Dempster reported that he had been approached by the two incumbent Sunnyvale Municipal Court judges and the Board of SuperQ visors, informing the Council ~hat a Public Hearing would be held "att ¡1ie Board of Supervisors' Chambers relative to a proposal to remove the City of Cupertino from the Santa Clara Judicial District to the Sunnyvale Judicial District, subsequently to be known as Sunnyvale- Cupertino Judicial District. Mr. Dempster stated that ample space was available in the Sunnyvale court, that it would be far more con- venient for the citizens of Cupertino to attend to their legal matters in the Sunnyvale instead of the Santa Clara court, and that it was the consensus among the Cupertino attorneys that the citizenry of Cupertino would be better served by the Sunnyvale court. City Attorney Anderson gave a brief background on the reasons for the City of Cupertino's initial placement with the Santa Clara Judicial District, stating that anyone of four judicial districts had been available at that time and that Santa Clara had been chosen primarily for convenience' sake. He felt that good relations had been maintained with the City of Santa Clara, that equally considerate relations could be established with Sunnyvale, and that, in his opinion, the citizenry would be served better out of the Sunnyvale Judicial District. Councilman Dempster moved that the City Council of Cupertino adopt Resolution 1656 and go on record as being agreeable to the transfer from the Santa Clara Judicial District to the Sunnyvale-Oupertino Judicial District, and to forward a copy of this Resolution to the Board of Supervisors. Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Absent: Councilman Stokes Minutes of the City Council July 1, 1968 New Business cont'd I 1 CC-19 . page 7 Councilman Fitzgerald inquired as to the previously discussed need for a reduction in the minimum 25 acre Planned Community requirement, stating that there were few such parcels left in the City of Cuper- tino and that more parcels would become available if the require- I' reduction of ments were reduced. The staff, when aaked their opinion, voiced requirement their support of such a move. I discussed Councilman Dempster moved that, by minute order, the City Planning ! staff be directed to look into this matter and come forward with a recommendation to the City Council, through the Planning Commission, relative to preparing reduced requirements and instituting same. Councilman Fitzgerald seconded and it was passed unanimously. Report of Officers A. City Treasurer There was no further report from the Treasurer. B. City Manager Mr. Storm reported on a previously submitted written report and advised the Council on such matters as the Sears development, Mary Avenue extension, his talks with the architect for the Parks Buildings and the rerouting planned for the West Valley Freeway through a portion of Menta Vista. C. City Attorney Attorney Anderson suggested that Resolution 1655 be adopted, by which the City Council sets August 5, 1968 for a motion to vacate and abandon a certain portion of a walkway easement on Vista Knoll and Carta Blanca. Councilman Dempster moved for adoption of Resolution 1655, Council- man Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noe s: None Absent: Councilman Stokes Mr. Anderson further stated that a hearing on a motion to negate the injunction against landscaping Stevens Creek Boulevard is sche- duled for July 8, 1968 and he would submit a written report at the next meeting. staff's recommendation requested treasurer no report I I I manager I ! i ¡ reports í I í I attorney ¡ I ( I date for ¡motion set ¡ I Res. 1655 î adopted , ¡ ; I I t . : hean.ng ¡scheduled ¡ 1 ¡ page 8 public works report matter referred improvements accepted engineer Res. 1657 adopted preparation of ordinance requested statement project accepted planning no report building deferment requested deferment granted Minutes of the City Council July 1, 1968 CC-19 D. Director of Public Works Mr, Finney reported on a previously submitted written report, and stated that all matters at Vallco Park were to his satisfaction and regretted that this was not the case with Candy Rock Mountain, as this project is now in default. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that this matter be referred to the City Attorney and the City Manager. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that the improvements for Portal Park be accepted by minute order. E. City Engineer Mr, Boyd explained the written report from his department which had previously been submitted, Councilman Dempster moved, Councilman Fitzgerald seconded to adopt Resolution 1657, establishing standardized forms of agreements in conjunc- tion with land development projects, for major and minor projects and for storm drainage reimbursements as policy of the City of Cupertino. Ayes: Councilmen Beaven, Dempster, Fitagerald, Noel Noes: None Absent: Councilman Stokes Councilman Dempster moved, Councilman Fitagerald seconded and it was passed unanimously that the City Engineer be authorized to prepare an Ordinance pursuant to the provisions of Section 17953 through 17957 of the Health and Safety Code of the State of California. Mr. Boyd further stated that all punch list items on Tract 4334 of Williston Park had been corrected and that this project was now ready for acceptance, Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to accept the project as recommended by the City Engineer. F. Director of Planning There was no report from that department. G, Chief Building Inspector Mr. Benevich stated that he was in receipt of a request from the owner of the Stevens Creek Boulevard-Stelling Road property asking that the construction of the masonry will be deferred until such time as the undeveloped portion of the land can be constructed. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to grant the applicant a continued one-year deferment. Minutes of the City Council July 1, 1968 H. Director of Parks and Recreation There was no report from that department. City Clerk-Finance Director Finance Director Ryder reported that Resolution 1635-A amending the salary schedule for three employees, had inadvertendly been left off the agenda. Councilman Dempster moved for adoption, Councilman Fitzgerald seconded, Ayes: Noes: Absent: Councilmen Beaven, Dempster, Fitzgerald, Noel None Councilmen Stokes Mr. Ryder also reported on a previously submitted data sheet, indicating that some $104,000.00 in dividend income had been earned by the City during the last fiscal year because of the investment policy adopted by the City Council, Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that the meeting be adjourned, The meeting adjourned at 9:26 p.m. APPROVED: ATTEST' øð!2 City Clerk CC-19 page 9 parks clerk agenda omission Res, 1635-A adopted dividend income indicated adjournment