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CC 02-01-60 10 P. O. Box 597 Al-2-4505 ~ ~ ~ ... tJ: C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 1, 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P,M. I. SALUTE TO THE FLAG II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Lazaneo, Pelosi, Saich, Wilson, Nathanson None City Manager, City Attorney, City Engineer, City Clerk III. MINUTES OF THE PREVIOUS I~EETING were corrected as follows: Page 1, final paragraph should read "Planning Commission" and not "City Council"; Page 3 (Star Contractors) fourth line from top should read "Development to be started within one year"; Page 3, VI (1) Councilman Lazaneo did not abstain in the voting, therefore, the vote should be "motion carried 5-0"; Page 5 X (C) should read "More fertilizer for the schools is needed"; Page 5 X (D) should read "The advance apportionment of the' Motor Vehicle Fund to the City of Cupertino equals $763.33"; Page 6, H (6) description of the Agreement should be added-"The agreement concerns the construction and acceptance of the read- way"; Page 5, paragraph 2 should read "favoring major City street status"; Page 4, IX (6) should read "January 22"; Page 4, VI (4), paragraph 4 sould read "The Mayor said that such uses . . . , . could be permitted if these uses were necessary in connection with the upkeep of an amusement resort and confined, solely to the operation as such". The Minutes were approved as corrected. IV. PUBLIC HEARINGS 1. John Rodrigues, Jr., etal: Application for ahange of zone from A-2: B-4 to C-: .-H to prov ide for constructioy, of swim and racquet club, bowling alley, bar and restaurant. Mr. Richard Morton, 812 First National Bank Building, San Jose, attorney for the applicants, stated that at the last Planning Commission meeting, what he understood to be the problem as far as the Council was concerned was the proper zoning to be applied. He believes that the only existing zoning which could apply to this purely commercial activity is C-l-H and stated that the Planning Commission had unanimously approved the rezoning by resolution, specifying the zoning to beC-l-H, Councilman Saich asked if service station requirements will be met. He was hesitant to grant rezoning since the City has been attempting to acquire necessary dedications from the service station for approximately four years, City Engineer stated that this is the only remaining corner which the City has yet to acquire. Mr, Morton stated that City Manager had received confirmation from Mobil Oil Co. that dedications would be made. City Manager stated that he received confirmation that the necessary papers were in New York. Mayor stated that the State will aid in the installation of improvements is the City and areas concerned cooperate on necessary dedications. The Council is not in disagreement with the particular zoning for this area but certain :nembers of the Council are reticent to taKe action on this until traffic signalization is installed. Mayor asked if matter of dedications is dependent upon oil company or property owners. Mr, Morton answered that the property owners are willing to dedicate but that final decision rests in the hands of oil company and further, that the 011 company had indicated that they ar'e willing to dedicate but because of internal company policy, things have changed. Councilman Saich felt that it would be advisable to wait until consent from the oil company is received, Mr. Morton asked if the rezoning could be granted subject to it being automatically terminated if the dedications are not in hand within sufficient time to meet the State's requirements. Mr. -1- 11 Rodrigues stated that this would be satisfactory and if the dedications were not received ,by March JO, the rezoning would be automatically terminated. City Engineer stated that the State must have the dedications in hand by APril 1, 1960 and that he did not thin~ it advisable to wait until the last minute to receive dedications. Mr. Morton stated that the date could be moved ahead a week or ten days. He was advised by the New York office that this would take "several weeks" to process. City Engineer stated that the agreement that the City entered into was for a certain amount of money to be pàid, and since the negotiations of these amounts of money were passed upon local level, perhaps the figures arrived at here would not be agreeable to the people in New York. Mr. Morton stated that they agreed to give more land to the service station if they felt it necessary. City Engineer felt that if the Coun£il accepts suggested rezoning, they should also agree on the same amounts of money stated in earlier meetin~ Motion by Councilman Saich that John Rodrigues, et aI, rezoning, be ta~led until necessary dedications are receiveJ. Mr. Rodriges stated that there is a third party involved in this and that the only way they were able to get this thing started was to get the papers in order. He stated that they are stuc~ with a 15 year lease and that they are taking a loss in trying to get this corner cleared up. He feels that the applicants have done their share in getting this accomplished. Mr. Haynes had called City Manager and told him that he wanted to go aheàd with the dedications, Mr. Rodrigues stated. City Engineer reported that there is no trouble with the property owners. Councilman Wilson felt that eventual decision will be un- necessarily delayed and he felt that Ordinance should be drawn up to be read at the next meeting. If the conditions are not met by that time, the first reading could be postponed. City Attorney advised that Ordinance can be ready for next meeting and in the meantime, the Council has control. He suggested that a copy of the letter from the State regarding dedication deadline be sent to Mobil Oil Co. in New York. Councilman Saieh withdrew motion, Motion by Councilman Saich that City Attorney be instructed to prepare an Ordinance granting rezoning from A-2:B-4 to C-I-H, John Rodrigues, et aI, for presentation to the next Council meeting.. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson ,Nays: None Motion Carried: 5-0 Mr. Rodrigues wished to make certain that their requirements were dedications and that traffic signalization was a matter for the State. Mr. Morton expressed concern regarding the status of the application in the event the State should change its mind, He was reassured that the funds for the necessary improvements had been included in the budget and that improvements would be made if dedications are received by April 1. Councilman Lazaneo stated that if dedications are received he would favor commercial zoning in this area. 2. R. J. Wilson and A. T. Cook: Application to rezone 37 acres from R-l:B-2 to R-J-H, east and west of Mountain View-Stevens Creek Road. Mr. R. J, Wilson. 25481 Purissima Ave., Los Altos Hills, applicant. City Clerk presented maps and recommendations of the Planning Commission. Mr. Wilson pointed to the property which is the subject of the applications. He stated that he and Mr. Cook feel that because of the traffic proþlem on Stevens Creek Road and the proximity to Permanente and the Luteran Home, the property is suitable for R-) development. Councilman Lazaneo stated that he IJoked the area over and feels th8.t it will lend itself very well to R-3. Motion by Councilman Lazaneo that the City Attorney be instructed -2- 12 to prepare an Ordinance recommending the rezoning from R-l:B-2 to R-3-H, R. J. Wilson and A. T. Cook. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 1-/1 ~ o ~ 13: V. ORDINANCES AND RESOLUTIONS FOR ADOPTION 1. Ordinance 108 Motion by Councilman Saich that reading of Ordinance be waived and that reading be confined to title only. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Saich that Ordinance 108, amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an A-2:B-4 district to an R-l:B-2 district, Reese p. Griffith, be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 2. Ordinance 109 Motion by Councilman Wilson th'Jt reading of Ordinance and that reading be confined to title only, Seconded Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 be waived by saich. Motion by Councilman Pelosi that Ordinance 109, amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an A-2:B-4 district to an R-l:B-2 district, Mrs. Josephine Hewins, be adopted. Seconded by Saich. Ayes: Pelosi, Wilson, Saich, Nathanson Nays: None Abstaining: Lazaneo Motion Carried: 4-0 3. Ordinance 110 Motion by Councilman Wilson th'J.t reading of Ordinance be waived and that reading be confined to title only, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Wilson th'Jt Ordinance 110, amending Section 1 of Ordinance No.2 b,': reclassifying a certain portion of the City of Cupertino from an A-2:B-4 district to an R-E district, Mrs. Josephine Hewins, be adopted. Seconded by Saich. Ayes: Pelosi, Wilson, Saich, Nathanson Nays: None Abstaining: Lazaneo Motion Carried: 4-0 4. Ordinance III Motion by Councilman Pelosi that Ordinance Ill, amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an A-2:B-4 district to an A-I district be tabled until the next meeting. Seconded by Saich, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Mr. Don Bandley, Cupertino Realty. representative for applicant, stated that he was in agreement with tabling OrdInance No III until matter can be clarified. 5. Ordinance 112 Motion by Councilman Wilson th'Jt reading of Ordinance be waived and that reading be confined to title only, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion carried: 5-0 -3- 13 Motion by Councilman Lazaneo that Ordinance 112, Fence Ordinance, be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 6. Ordinance 114 Motion by Councilman Wilson that reading of Ordinance be waived and that reading be confined to title only. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Lazaneo that Ordinance 114 amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an R-3-H district to a C-l-H district, Urich Enterprises, Inc., be adopted. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 7. Ordinance 115 - Rezoning of northwest corner Blaney and Bollinger from R-l:B-2 to C-I-H--Star Contractors. City Clerk read letter received from Mrs, M. Baker opposing rezoning. Motion by Councilman Lazaneo that letter from Mrs. M. Baker, 10882 S. Blaney Avenue, be received and filed, Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 City Clerk read Ordinance. conditions of the rezoning, 6' masonry wall. Councilman Wilson questioned certain in particular, requirement for a Mr. Jack Burchfield. p.O. Box 635. Sunnyvale. Calif.. President, stated that he has no objection to a 6' masonry wall separating the commercial area from the residential but that he would question a wall between the church and commercial area since the church COuld utilize parking area if wall is not installed. Councilman Wilson suggested a setback from the street so that cars leaving the shopping area would be able to see approaching traffic, Councilman Lazaneo did not feel thgt provision of traffic control signs should be the responsibility of the developer, It was clarified that traffiee signs would be stop signs, etc., and not signalization, Counci~~n Lazaneo felt that wording of condition 14 sould read "development to be started within one year". Mr. Burchfield asked when the year would begin, He was informed that off-tract improvements would be completed within one year of posting of bond, construction of shopping center to be completed within two years starting with posting of bond. Motion by Councilman Lazaneo that first hearing be closed. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 VI. PAYING BILLS Motion by Councilman Saich that Resolution No. 243, approving warrant numbers 1188 through 1198, inclusive, in the sum of R4,1]6.45 be adopted, Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Wilson that Resolution No. 244 approving ,warrant numbers 1199 through 1216, inclusive, anŒ 1187, 1196 in the sum of $1,032.49 be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saieh, Nathanson Nays: None Motion Carried: 5-0 VII. ORAL CO~MUNICATIONS There were no oral communications. -4- 14 ~ ~ o .... tDC VIII . 1. PROTESTS. WRITTEN COMMUNICATIONS Letter signed by property owners on Scofield Drive, Rodrigues Ave. and Sunrise Drive, protesting proposed rezoning of the Bonacich properties was read. Motion by Councilman Saich that letter be received and filed. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0. Councilman Pelosi reviewed that several weeks ago the COlmcil suggested that a letter be directed to the Planning Commission notifying them of the fact that, in accordance with a letter from the School Board, the School Board was awaiting the decision of the Council as to the location of the school site. The Council, by a 4-1 vote, voted for the northwest corner site, notified the School Board, and a letter was to be directed to the Planning Commission advising them of this location. The Planning Commission was not informed of the Council action. Be further stated that the School Board was informed of the Council's action and that the property is now in condemmation proceedings. Councilman Pelosi understands that this matter is scheduled for a second hearing before the Planning Commission and he feels that the Commissioners should be advised of the northwest corner school site. Moti~n by Councilman Pelosi that a letter be directed to the Planning Commission, the Planning Consultant and all interested parties, to the effect that the northwest corner is the site approved by the Concil. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 2. Letter from the Cupertino Union Church protesting the rezoning of the Bonacich property was read. Motion by Councilman Pelosi that letter be received and filed, and copy of said letter be sent to the Planning Commission. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 3. Letter from Boundary Commission of Santa Clara CQunty re proposed annexation of Territory to the City of Sunnyvale, 1/29/60. Other annexations within thref:¡ miles also transmitted. 4. Annual Report of County Fire Marshal's Office 5. Santa Clara County Planning Department, Karl Belser, recent planning briefs relating court decisions. Referred to City A t;torney. 6. Letter from the office of the state Controller requesting designation of a signatory for the Annual Street Report. Motion by Councilman Wilson that Resolution No. 245 be adopted authorizing City Manager, Philip W. Storm, to sign the Annual Street Report to the State Controller. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 7. County of Santa Clara Planning Commission, 1/22/60, General Plan for Santa Clara County hearing. 8. Santa Clara County Water Cooperation Committee, Minutes 1/13/60. 9. Santa Clara County Planning Commission and Board of Zoning Adjustment, summary of actions, meeting 1/29/60. 10. Annual Mayors' Tours, January 11, 1960. 11. Inter American Congress of Municipalities, January 15, 1960. 12. Article, Palo Alto Times, 1/22/60 "Water Price to Santa Clara County Estimated." 13. Division of Highways, January 20, 1960, executed freeway agree- ment between State and Cupertino covering Route 239. -5- 15 14. Cupertino Chamber of Commerce, 1/29/60, requesting Council to include $1,500 in 1960-61 budget for Chamber operation. Councilman Wilson suggested that this matter be turned over to City Manager who will make a report at time of budget appropriations. 15. ,Monthly Evaluation Report, Building Dept., January, 1960. 16. Letter of resignation from Raymond Bell, Chairman, Planning Commission. Motion by Commissioner Lazaneo that Commissioners Bell and Fischer be given a vote of thanks by the Council and that a suttable momento be prepared to present to them in recognition of their service to the community. Seconded by Pelosi, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson N~ys: None Motion Carried: 5-0 IX. REPORTS OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner Councilman Saich stated that the holes in Stelling have been repaired. He inquired about street signs which had been ordered. City Clerk advised that the manufacturer stated that signs were en route. Councilman Saich reported that the pole on Stelling has been dropping and that he and City Engineer would look into this. He expressed concern about the storm drain with the City of San Jose coming down from Felton Park and the possibility of future subdivisions in the area. City Engineer reported that plans have been drawn ~p and that tentative agreements were worked out between engineers in San Jose and Cupertino, B. Report of Police and Fire Chief Mayor reported that he had talked with the Sheriff's Office and they feel that signalization should be installed at inter- section of Highway 9 and Homestead Road. C. Report of Recreation Commissioner No report. D. Report of City Treasurer Councilman Pelosi read letter from Office of the Controller regarding Annual Report of Financial Transactions concerning Streets and Roads of Cities and Counties of California, 1958/1959. E. Rewort of City Manager City Manager reported that Building Department had received a request from Mr. Swanson to move two buildings into the City from Los G~tos. The Building Inspector has examined the buildings and stated they do comply with structural conditions under existing Code. The buildings would be temporary and owners do not want to hook up to sewers at this time¡ Council requested City Manager to get a complete description of the buildings as well as photographs. City Manager stated that Water Department Budget has been prepared and this will be taken up at next meeting. City Manager and Councilman Lazaneo reported on a meeting 1/27/60 at the home of Mrs. Busto regarding the narcotic problem. City Manager was instructed to prepare a resolution to be sent to the Interim Committee on Narcotics stating that the City will do all it can to aid in a solution to this problem. ~ Report of City Attorney City Attorney read letter from National Institute of Municipal Law Officers. He requested that he be authorized to subscribe to this organization. Motion by Councilman Lazaneo that City Attorney be authorized to subscribe to the National Institute of Municipal Law Officers. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson -6- 16 Nays: None Motion Carried: 5-0 ~ ~ c::: ..... tIC In regard to the acquisition of the Water Works, City Attorney reported that it was decided to close out the escrow and acquire the Alves and Monta Vista wDrks in the same proceeding. The signing of the final documents will take place on March 1, 1960 and it is required that the Mayor, City Manager, City Clerk, City Attorney and City Treasurer be present. Title insurance policies on both lines are being obtained from Claifornia Pacific Title Insurance Co. An investigation of the water rights has been made and City Attorney will render an opinion as to the validity of the title policies. G. Report of Planning Commission Councilman Lazaneo requested thf~t "Assistant City Engineer" be stated in Planning Commission Minutes since the City Engineer does not attend the meetings. In regard to Page Properties hearing, Councilman Pelosi suggested that City Manager prepare a report on park sites and the acquisition thereof. Mr. Nortion. 1402 San Jose-Los Gatos Road, representing applicant for Yeeland Heights, stated that he was informed that the City Council would consider his application at this meeting. City Attorney advised that the Planning Commission has 30 days in which to send variances to the Council and that this must be done by resolution. Mr. A. T. Cook. 2548 Purissima Ave., Los Altos Hills, applicant, stated that he had been notified that his application for a tentative map would be on the Agenda. City Attorney advised that in accordance with the Ordinance, a tentative map need not be reviewed by the Council--ònly the final map. Since the Council has, in the past, reviewed tentative maps, discussion arose as to the necessity for this procedure. City Attorney suggested that an amendment be made to the zoning ordinance allowing that tentative maps be reviewed by the Council. City Manager felt that the Council should review tentative maps since, by that procedure, a subdivider could be saved several thousands of dollars. Motion by Councilman Pelosi that the City Attorney be instructed to check the City of Palo Alto Ordinance regarding final and tentative maps and report to the Council. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 H. Report of City Engineer City Engineer referred to ResolutiØn No. 241. Motion by Councilman Lazaneo that Resolution No. 241 adopting budget and approving memorandum of agreement for expenditure, of funds allocated under Section 2107.5 of the streets and Highways Code be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Saich that Resolution No. 242 adopting budget and approving memorandum of agreement for expenditure of Gas Tax allocation for major City streets be adopted. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0, City Engineer read letter from the Flood Control District advising that the fencing to be installed along Regnart Creek is being ordered. He reported that the Sehool District is in agreement with action taken by the City in regard to pedestrian pathways. City Engineer presented letter from State Division of Highways proposing relocation of Mary Avenue. -7- 11. Motion by Councilman Saich that the City Council follow as closely as possible the extenàion of Mary Avenue as shown on the neighborhood plan as previously endorsed by the City Council. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0, City Engineer presented letter from Mr. Charles Coburn stating that the area east of Mountain View-Stevens Creek Road wishes to be annexed to the City. Property owners were inquiring about the possibility of obtaining water. City Manager advised that water will be available upon annexation, City Engineer requested that City Attorney be authorized to eminent domain a certain property on Homestead Road if easements are not completed by the end of the week. Motion by Councilman Lazaneo that the affected property shall be acquired by eminent domain if easements cannot be obtained by negotiation. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nayw: None Motion Carried: 5-0 Motion by Councilman Lazaneo that Resolution No. gr~nt of easement from John Leonard be adopted. Ayeci: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 246 accepting Seconded by Pelosi. Motion by Councilman Saich that Resolution No, 247 of easement from Grace Burrell Leonard be adopted. Saich. Ayes: Nays: Motion accepting grant Seconded by Pelosi, Lazaneo, None Carried: 5-0 Wilson, Saich, Nathanson Motion by Councilman Wilson th'Jt Resolution No. 248 accepting grant of easement from John Leonard, Inc. be adopted. Seconded by Saich. Ayes: Pelasi, Lazaneo, Wilson, Saich, Nathanson Noes: None Motion Carried: 5-0 Motion by Councilman Saich that Resolution No. 249 grant of easement from BuÞrel Leonard be adopted. Pelos 1. Ayes: Pelosi, Lazaneo, Wilson Saich, Nathanson Nays: None Motion Carried: 5-0 accepting Seconded by Motion by Councilman Wilson that Resolution No. 250 requesting the Santa Clara Trafficways Committee to recommend inclusion of Wolfe Road and Stevens Creek Boulevard within Co~nty Trafficways System be adopted. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 T. Smog Control Councilman Lazaneo reported on a meeting with Mr. Della Maggioro, He stated that trash burning now requires a permit from the Fire Department. Agricultural burning has been approved for another year and a half. X. MISCELLANEOUS Motion by Councilman Wilson that the City Council accept the recommendation of the Planning Commission on the Wilson and Cook Tentative Map. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 XI. U~FINISHED BUSINESS A. Miscellaneous - None -8- JR XII. NEW BUSINESS A. Miscellaneous - None ¡... 1-3 o ... tIC The Mayor, with the approval of the Council, recommended Mr. Joe Adamo and Mr, William Duncan to serve on the Planning Commission. The City Clerk was instructed to advise Planning Commissioners of their appointment. XIII. ADJOURNMENT Meeting adjourned at 12:15 A.M., Monday, February I, 1960. Approved at the Regular Meeting of , 1960 Mayor, City of Cupertino f:" . ,~~.¿(. ut~ Lawrence K. Martin City Clerk -9-