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CC 01-18-60 5 P. O. Box 597 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA Al-2-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1960 Pla:ce: Time: 10)21 S. Saratoga-Sunnyvale Rd. 8:00 P.M. I. II. SALUTE TO THE FLAG ROLL CALL Councilmen Present: Councilmen Absent: 1azaneo, Nathanson, Pelosi, Saich, Wilson None III. MINUTES OF THE PREVIOUS ~lliETING were approved with the follwwing correction; Councilman Wilson arrived at 10:55. IV. OPENING OF BIDS ON 1960 WATER REVENUE BOND - SER1ES A The bids submitted were as follows: 1. First California Company 2. Blyth and Company 3. John Nuveen Company-Schwabacner and Company-Channer Newman Securities Company The bids were read in their entirety as submitte~. Calculations were then made in the adjoining offices to deter- mine the exact rate of interest when compounded with the discount, year by year. ' The balance of the agenda was taken under consideration during this time. V. PUBLIC HEARINGS 1. John Rodrigues Jr., et al: Application for ch~eof zone from A-2:B-4 to C-l-H to provide for construction of swim and racquet club, bowling alley, bar, and restaurant. Parcel contains 9 acres located at northwest corner of Homestead Road and Highway 9. The City Attorney advised that any change made in an applica- tion by the City Council, such as a change in zoning nomenclature: would automatically send the matter back to the Planning Commission for further clarification and action with the new Resolution of the Planning Commission to be acted upon by the City Council thereafter. Discussion developed concerning the ability of the City Council to establish the proposed land use in a C-l-H zone. The Ci4Y zoning ordinance which is virtually the same as that of the County having been adopted by reference, apparently does not provide that a swi~ and racquet club be located within a C-.I-H zone. The City Attorney advised that the Council is empowered only to grant A-I zoning for some of the proposed land use. "Private recreational center" is one of the uses permitted with- in the A-I zone presently in force in the City of Cupertino. Section 12, regulations upon securing a use permit. Moved by Councilman Saich that the Rodrigues application be referred back to the City Council without prejudice~ Further discussion concerned the number ànd type of condi t-,' îóns that can be imposed, clarification of the type of re- zoning, request of the City Council to the Planning Commission to adopt an appendage explaining the conditions and also for the Planning Commission to enact a Resolution embodying reasons and conditions. ' The City Attorney said that the Council has a duty to de- cidè the reasonablemess of the applications. Councilman Wilson seconded the above motion by Councilman Saich; carried 5-0. Moved by Councilman Saich, second by Councilman Wilson that the Otis Forge letter of protest to the application above be marked received and filed; carried 5-0. 2. Urich Enterprises: Application to rezone southeast corner of Blaney Ave. and Stevens Creek Road from R-3-H to C-I-H. Gas station proposed. Upon consideration of the application papers and supporting data together with the recommendation of the Planning Commission, it was moved by Councilman Saich that the hearing be closed; second by Councilman Wilson, carried 5-0. -1- .,8 ~ ~ o .... 3. Star Contractors: Appeal ac Application to rezone 5 acres from R-l:B-2 to C-I-H. Property is located at northwest corner of Blaney and Bollinger Roads. Planning Commission recommended denial. Ed Johnson was present to represent the applicant. He pre- sented an architectural sketch of the proposed shopping center displaying possible or approximate location of the stores, parking area and general physical layout. He also presented a map indicating the location of surrounding shopping centers, indicating the distance within concentric circles, and papulation center therein. He also presented an economic analysis which, in sum:nary concluded, that the site was physi- cally suitable and economicably desireable. He maintained that an acceptable street pattern would be developed providing con- venient ingress and egress to the site. He described it as a convenience type of shopping center which wo~ld cater to "the pedestrian trade immediately aurrounding and would not expand in size, He said that the consumer demand is sufficient to support stores on the proposed site and also that 80% of the potential cusotmers do not live within City limits. This would mean that säles tax would be drawn from adjoining jurisdictions. He also said that a secondary means of access would be developed. Other material points included his statement that there would be no gas station on the corner, that they will dedicate and widen the road to the standards of the City and would con- struct adequate parking. Moved by Councilman Lazaneo, second by Councilman Pelosi that the hearing be closed; carried 4-0 with one abstention, Councilman Wilson disqualifying himself. Moved by Councilman Saich that the City Council adopt a rezoning to C-l-H on the Northwest corner of Blaney and Bollinger as outlined in the application description, requiring the widen- ing and dedication to City standards and a parking ratio of 3~ sq, ft. of parking space to one foot of floor space, the development to be complete within one year, plans to be submit- ted to the City Engineer and the Planning Consultant and a list of conditions to be drafted as a part of the ordinance. Second by Councilman Lazaneo, carried 4-0-1, Councilman Wilson abstained. He declared himself disqualified. VI. OBDINANCES AND RESOLUTIONS FOR ADOPTION 1. Ordinance 108 - Rezoning property of Reese p. Griffith; 27 acres from County zoning of A-2:B-4 to R-l:B-2. First Reading. Moved by Councilman Pelosi that the full reading be waived by uanimous consent and the reading be confined to the title only; second by Councilman Saich, carried 4-0-1, Councilman Lazaneo abstained. 2. Ordinance 109 - Rezoning property of Josephine Hewins; 8 acres zoned A-2:B-4 to R-l:B-2. First Reading. Moved by Councilman Pelosi that the full text be waived by unanimous consent, the reading confined to title only, second by Councilman Wilson, carried 4-0-1, Councilman Lazaneo delaring himself disqualified. 3. Ordinance 110 - Rezoning property of Josephine Hewins; 20 acres to R-3. First Reading. Moved by Councilman Saich that the full reading of Ordinance 110 be waived by unanimous consent, reading confined to title only; second by Councilman Wilson, carried 4-0-1, Councilman Lazaneo declaring himself disqualified. 5. Ordinance 112 - Fence Ordinance. First Read~ng Held. 6. Ordinance 16A - Prescribing Duties of City Clerk. Urgency Ordinance. Upon hearing the reading, moved by Councilman Pelosi that Ordinance l6A be adopted; second by Councilman Wilson, carried 5-0. VII. PAYING BILLS 1. Moved by Councilman Saich that Resolution 232 be adopted approving warrants 1158 thru 1164 inclusive in the sum of $1528.06; second by Councilman Wilson, carried 5-0, 2. Moved by Councilman Wilson that Resolution 233 be adopted approving warr'ants 1165 thru 1186, plus 1156, and 1157, 1167 void, in the sum of $15;255.92, second by Councilman Saich, carried 5-0. -2- -- - ---- ---.--.--.----.....-------.--- 7 VIII. ORAL COMMUNICATIONS None IX. PROTESTS, WRITTEN COMMU~ICATIONS 1. League of California Cities: Dinner meeting announcement - Jan. 21, Rickey's Studio Inn. 2. Santa Clara County: Minutes of the Planning Commission meeting of January 6. 3. Santa Clara County: Agenda for the Planning Commission and Board of Zoning Adjustment meeting, January 20, 1960. Agenda included hearing on proposed amendment to change zoning district from A-2:B-4 to Aj 159 acres westerly terminus of Prospect Road. Also hearing on application of Mum Arii for use permit to establish a duplex on the east side of Blaney between Homestead and Lucille. 4. County Controller: Fines collected during the month of December, total $1035.00 of which $847,98 is Cupertino share. 5. The Mayor stated that he has a report from the sheriffs office on traffic conditions at certain points within the City of Cupertino. These will be discussed and given consideration at a future date. In this connection the City Engineer said that J. E. Peyser has deeded the property on the southwest corner of Highway 9 and Homestead Road. 6. Santa Clara County Flood Control: Announcement of meeting Jan. 2 on the subject of Water Conservation. The Mayor will try to attend this meeting. VI-4. City Attorney said that a recreational area for profit includes many things some of which would require C-I-H, and some another zone. He said that the use permit method is questionable. He added that the City of Buena Park has a good Ordinance which contains regula- tions for co~mercial recreation. One alternative, he said, would be for the City Council to adopt a resolution of intention to in- itiate an amendment to Ordinance No. 2 by adding a zoning classi- fication to be known as amusement resort zoning. This would refer the subject to fue City Council on the amendment to the zoning regulqtions, The City Manager stated that the classifcation described was enacted to accommodate and regulate an amusement area within the City limits of Buena Park, specifically Knotts Berry Farm. Councilman Wilson characterized the proposed ordinance as a blanli check. Councilman Pelosi suggested that section 3 be revised to per- mit only amusement facilities, deleting the other 32 listed uses, many of which are construed as accessories. The Mayor said that such uses could be permitted, tin-smith shops, steam laundrys, etc. only in strict connection with an amusement resort. Councilman La- zaneo said he would be dubious about requiring wide spread usage of use permits whereby an operator of such a center would be obliged to apply to the City for each addition to his resort. Councilman Saich said that the A-I zone employed by the County might provide better control for the City. The Council concluded the matter by agreeing to study the ordinance at greater length and continue the discussion at the February 1 meeting. Mr. Anderson advised, in that case, that a continuance of Ordinance III would be in order. Moved by Councilman Pelosi that item VI-4 be continued to the next regular meeting of the City Council, February 1; second by Councilman Wilson, carried 4-1, Councilman Lazaneo abstained. X. REPORTS OF OFFICERS AND COM'USSIONERS A. Report of Road Commissioner: 1. Councilman Saich reported that a recent vote by the County Traffic Ways Committe~ on the subject of the DeLeuw Cather Tra- ffic Ways Plan resulted in a vote of 7-6 in favor. The by-laws of the committee provide that absentee votes shall be cast with the majority thus making the count 10 to 6 in favor of the expres- sway system. The approximate costs of this project are not as yet pre- pared. Also, reported Mr. Saich, the access road situtation is uncertain with respect to both location and number. He expressed opposition to the program and said that the financial aspect of the program is being given insufficient attention. The -3- 8 ~ Þ-3 ~ -. public must vote approval of the necessary bonds in order to furnish ac the fiscal support. The Mayor said that Cupertino is still opposed to this pro- gram. Councilman Saich suggested that the City prepare some form of Resolution or proposition favoring expressway status for Stevens Creek Blvd. He said he could see no gain in paying off bonds that do not benefit the City of Cupertino and will largely serve to construct a circular highway around the City of San Jose. He said that the next stages of discussion would involve cost estimates, which are expected by February 1, and the establish- ment of precise plan lines. 2. Cupertino roads will be repaired, where necessary, when weather permits. B. Report of Police and Fire Chief: Complete studies will be available for early consideration concerning traffic at Homestead Road and Highway 9 and at Stevens Creek Blvd. and Highway 9. Copies will be distributed. C. Report of Recreation Commissioner: 1. Cupertino High School gymnasium is open on Saturday. Councilman Pelosi said that the turn-out has been good consider- ing competing interests and the relative lack of publicity thus far. He suggested tentatively that the City promote a sports program on a more organized basis than at present for the ball- field at Collins School. 2. More fertilizer may be needed due to the recent heavy. rains. D. Report of City Treasurer: The advance apportionment to the City of Cupertino equals $763.33. E. Report of the City Manager: Mr. Storm summarized his written report to the City Council which involved a matter from the First National Bank relative to a traffic signal at Cali Avenue, also the word received from station KEEN that during the week of February 24, spot announce- ments would be made about interesting Cupertino items, third, the water co~mittee meeting of January 13 at which time the water sources for Santa Clara Valley were discussed. Also mentioned were the sheriffs traffic survey both at Stevens Creek Blvd. and Highway 9 and Homestead Road and Highway 9, the possibility (negative) that the County collect a tax on motor vehicles to finance a county road construction program, consolidation of the several. fire districts wi thin the County, Santa Clara Water Conservation Resolution relative to charges for the construction flood control facilities,outli:i1ingwat'er courses ,etc. an agreement between Mariani and Alves water system, lastly the auditors report. F. Report of City Attorney: 1. Moved by Councilman Saich that Resolution 234 be adopted awarding $905,000 par value, Series A, 1960 Water Revenue Bonds, to John Nuveen Co., Schwabacher Co, and Channer New- man Securities Co. on the basis of the amended bid referred to therein, average interest cost to City being 4.9187%; second by Councilman Wilson and carried 5-0. 2. Moved by Councilman Pelosi that Messrs O'Bannion and Wolf of the County Controllers Officf:¡ be remunerated $25.00 each for services rendered; second by Councilman Lazaneo, carried 5-0. G. Planning Commission Report: Council postponed discussion and approval of the Planning Commission minutes of January 11 until they have an opportunity to study the proceedings as shown in the minutes. H. Report of City Engineer: 1. Moved by Councilnan Pelosi that R@solution 235 be adopted accepting Improvements In Tract 2157; second by Councilman Saich, carried 5-0. 2. Moved by Councilman Lazaneo that Resolution 236 be adopted Accepting The Dedication of Certain Real Property, Being The Southwest Corner of Homestead Road and Highway 9; second by Councilman Saich, carried 5-0. 9. Moved by Councilman Saich that Resolution 237 be adopted Being a Resolution Accepting the Box Culvert Constructed At Pacifica Drive and P.~art; second by Councilman Lazaneo, carried 5-0. 4. Moved by Councilman Lazaneo that Resolution 238 be adopted Accepting Improvements Consträcted At The Northwest Corner of Vista Drive and Stevens Creek Blvd., second by Councilman Saich, carried 5-0. 5. Moved by Councilman Lazaneo that Mr. Lyddon be reimbursed -4- 9 $1430.00 from the storm drain fund for off tract storm drainage constructed at the sbove mentioned site, also that the City Engineer explain in a letter of transmittal the reason for the difference between this figure and one sub- mitted by him. Second by Councilman Wilson, carried 5-0. 6. Moved by Councilman Saich that Resolution 240 be adopted Accepting Dedication of Real Property From The National Life and Accident Insurance Co. Being The Northeåst Corner of Highway 9 and Stevens Creek Road; second by Councilman Pelosi, carried 5-0. 7. Moved by Councilman Lazaneo t~at Resolution 239 be adopted Authorizing The Exécution Of An Agreement By The Mayor and The City Clerk, Referring To The Northeast Corner of Highway 9 and Stevens Creek Blvd; second by Councilman Wilson, carried 5-0. 8. Moved by Councilman Lazaneo that the City grant P & E Construction Co. an extension of 60 days in performing the contract work known as Homestead Drain No.1; second by Councilman Wilson, carried 5-0. 1. Smog Control Councilman Lazaneo said that the City Manager will call Mr. Della Maggiore of the Board of Supervisors and also a member-'Jf the Air Polution Control Board, for a meeting in the near future. J. Miscellaneous - None XI. UNFINISHED BUSINESS A. Miscellaneous - None XII. NEW BUSINESS A. Miscellaneous - None XIII. ADJOURNMENT - 12:05 Respectfully 6 City Clerk submitted, f~- Martin ~ (jUSrk Approved at the meeting of 19 Mayor, City of Cupertino -5-