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CC 03-07-60 29 p. O. Box 597 Al-2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MARCH 7, 1960 Place: Time: 10321 S, Saratoga-Sunnyvale Road 8:00 P.M. SALUTE TO THE FLAG I. II, ROLL CALL Councilmen Present: Lazaneo, Pelosi, Saich, Wilson, Nathanson None City Manager, City Clerk, City Attorney, City Engineer III. rlINUTES OF THE PREVIOUS J~EETING were corrected as follows: Page 5 (3), Motion by Councilman Saich that Ordinance 113 and not 115 be tables; Page 4, motion by Councilman Wilson should be changed by adding, "A draft of a potential amend- ment to the ordinance be referred to the Planning Commission for their use in initiating the amendment to the ordinance." Page 5 (5) sentence should read, "Councilman Saich stated that the lights on Stelling were installed by the Garden Gate Lighting District approximately three years ago. At that time t~e land under the three electroliers concerned above was in the County and was not annexed to the City until about two years ago. Lights were put in by the lighting district before Stelling was annexed to the City." Minutes were approved as corrected. Councilmen Absent: Others Present: IV. PUBLIC HEARINGS 1. Page Properties, Inc.: Rezoning 25 acres between Western Drive and Stelling Road from R-l:B-2 to R-l, R-2, R-3-H. Mayor asked if proponents had anything further to add. Councilman Wilson asked if any new communications had been received on this matter. City Clerk answered that there were none with the exception of the Planning Commission resolution. Mr. Robert Reese, 1050 University Drive. Menlo Park, applicant, stated that they had nothing further to add and expressed the desire to go along with the recommendations of the Planning Commission. Mayor asked if opponents were present. Mr. Frank Farran, Scofield Drive. stated that at the Planning Commission it was indicated that the school borad was more or less in favor of moving the school site but at the school board meeting held last week, the school board indicated no desire to move the school site and that any change would cause considerable inconvenience. Mrs. Frank Jarret, Scofield Drive, stated that at the Planning Commission meeting of the resolution was brought forward because of the safety of the school children. This was also brought up at the school board meeting and the school board stated that the northwest corner was chosen because there was no jeopardy to the school children, She feels that ad~itional traffic would not be safe for school children. City Clerk read Planning Commission ~lotion. City Engineer stated that in recommendations to the Planning Commission he recommeò.ed that full streets be required around the school site, Councilman ¡Nilson asked if streets indicated on map were 60' streets. City Engineer answered that they were and that they had been requiring a minimum of 40' for half streets. Motion by Councilman Lazaneo that hearing be closed. Seconded by Wilson. AYES: Lazaneo, Pelosi, Saich, Wilson, Nathanson Nays: None Absent: None -1- 30 Motion Carried: 5-0 ~ ~ r=: ... t:J:: Motion by Councilman Lazaneo that Planning ComIT'ission Resolution No.5, recommending approval of rezone application of Page Properties, 25 acres from R-l:B-2 to R-l, be denied without prejudice since it does not conform to the neighborhood plan. Seconded by Saich. Councilman Pelosi asked if this motion is sufficient to deter applicants from attempting to move school site in the future. City Attorney staLed that it would be sufficient as far as present Council is concerned. Ayes: Lazaneo, Pelosi, Saich, Nathanson Nays: Wilson Absent; None Motion Carried: 4-1 Motion by Councilman Saich that school site originally discussed with the Council and the school board be set at the northwest corner of the property, Seconded by Pelosi. City Attorney advised that Council could pass ordinance rezoning entire area R-l and setting school site. City Manager stated that school board would have to be in accord with locations. Councilman Saich withdrew motion. Councilman Pelosi withdrew second. Motion by Councilman Saich that City Attorney be instructed to draft ordinance rezoning subject property to R-l and reserving the northwest 10 acres for a school site and that school district be advised of Council action. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Saich, Nathanson Nays: Wilson Abse,nt: None Motion Carried: 4-1 2. Edenvale Land Company rezoning 306' x 660' from R-l:B-2 to R-J-H; east side of Highway 9 north of Silverado. Mayor asked if there were any protests, There were none. Motion by Councilman Saich that hearing be closed. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0. Motion by Co:.mcilman Saich that Planning Commission Resolution No.6 recommending approval of rezoning, Edenvale Land Company be adopted. Seconded by Wilson. Ayes: Lazaneo, Wilson, Saich, Nathanson Nays: None Abstain: Pelosi Absent: None Motion Carried: 4-0-1 J. Yeeland Heights: Variance City Attorney read Resolution 275. Motion by Councilman Saich that Resolution No. 275 granting variance recommended by Planning Commission Resolution No, 4 p.C. be granted, subject to the terms and conditions attached. Seconded by LaEaneo. Mr. Norton, 1400 San Jose-Los Gatos Road. representing applicant, ,stated that there are two commercial lots facing Stev,.ns Creek road and that these lots were commercially zonee about a year and a half ago. Councilman Saich said that the Coùncil had never granted commercial zoning to this area, Mr. Norton stated that in the declaration of restrictions it s stated that there is comIT'ercial zoning. -2- 31 City Clerk advised that there has never been an application for commercial zoning o~ those two lots. AMes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 V. ORDINANCES AND RESOLUTIONS FOR ADOPTIOK 1. Ordinance III - Rezoning prope~ty of Josephine Hewins from A-2:B-4 to A-I. 5 acres. First reading. City Clerk read Ordinance Ill. 2. Ordinance 119 - Rezoning property of Josephine Hewins from A-2:B-4 to C-l-H, 5.7 acres. First reading. City Clerk read Ordinance 119. 3. Ordinance 113 - Rezoning et al from A-2:B-4 to C-I-H. Mayor asked Mr. Rodrigues if ~lobll Oil. property of John Rodrigues, 9 acres, First reading. he had received information Jr. from Mr. Rodrigues, P. O. Box 591, Cupertino, applicant, submitted a letter received from Miller, Norton & Wright. Mayor read letter stating applicants' intention to dedicate to the City the property required by the City in order to install proper traffic control and signalization of Homestead Road and Highway 9. Mr, Rodrigues stated that the applicants will have to purchase the lease in order to furnish ease- ments at the figure discussed by the City. He stated that if the City is going to go into condemnation proceedings, applicants will droo negotiations fro the purchase of the easements. Mr. Rodrigues said that he had learned by a telephone conversation earlier in the evening that Mobil Oil was willing to cooperate. The applicants are willing to buyout Mr, Christiansne's lease holdings, leaving negotiations between applicants and the City. Councilman Saich expressed concern about meeting the State's deadline. City Manager advised that the deadline date is now June 30th. City Engineer stated that the~e are other properties involved and that one of the owners has tt:lflned negotiations over to an attorney. He suggested that the Council authorize City Attorney to begin eminent domain proceedings. Councilman Saich felt that the City sould begin proceedings and inform the State of action taken by the City. Cou=il- man Lazaneo felt that the first reading should be accom- plished in order to not delay applica~ion further, and if condtions are not met, second reading can be postponed. Councilman Pelosi felt that application should not have been on Agenda since conditions had not been met. Mr. Rodrigues stated that to relocate the facility, as a result of condemnation, would cost about $15,000. He does not feel that the City is in a position to pay o';t ~15,OOO but the applicants are willing tp pay $20,000 so that the City can have the easements for $3,500. Councilman Wilson stated that the choice of the Council is to cooperate with Mr. Rodrigues and accept his promise of compliance, which will cost the City $3,500 if all works well, or disregard his coopergtion and take the cOurse of eminent domain which will carry with it court costs, possibly a bill to the City for the land itself and possibly a $15,000 serverance charge for moving the pumps at the station. The first reading puts the City under no obligation and the check point wo,:ld still be prior to the second reading. Councilm~n Saich requested that a written statement be presented to the State Division of Highways. Mr. Rodrigues stated that he would deliver a statement the following morning for presentation to the State. Mayor asked City Attorney if written promise from Mr, Rodrigues would be acceptable, City Attorney advised that it would do the job if necessary clearances are received, Mayor stated that State could be given Mr. Rodrigues' statement and they could also be advi;ed that Attorney has been instructed to proceed with eminent domain. -3- 32 Motion by Councilman Lazaneo that Resolution 277, a resolution of findings and necessity to institute eminent domain at the intersection of Highway 9 and Homestead Road on lands which appear within the area to be taken and excepting the property of John Rodrigues, et al be adopted. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 ¡... H ~ ¡.,.... ~ Councilman Pelosi st,ated that the ordinance was drafted to get the application moving and it was not for the zoning. He felt that by this procedure any application could be expedited and run through the Council. Mayor stated that circumstances sometimes alter condtions and that in this case applicants are trying to clear matter up, Motion by Councilman Saich that Ordinance 113 concerning application of John Rodrigues, et al be tabled until situation is further clarified. Seconded by Pelosi. Ayes: Saich, Pelosi Nays: Lazaneo, Wilson, ~athanson Absent: None Motion failed to carry. Motion by Councilman Wilson that Resolution 113 be untabled. Seconded by Lazaneo. Ayes: Lazaneo, Wilson, Nathanson Naya: Saich, Pelosi Absent: None Motion Carried: 3-2 City Clerk read Ordinance 113. 4. Ordinance 116 - Rezoning property of Cook and Wilson from R-l:B-2 to R-J-H. Second reading, Motion by Councilman Wilson that second reading of Ordinance be by title only, Seconded by Saich. Ayes: Pelos i, .uazaneo, Wilson, Sa ich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Blerk read title, Ordinance 116. Motion by Councilman Saich that Ordinance 116, reclassifying a certain portion of the City of Cupertino from an R-l:B-2 district to an R-3-H District, Cook and Wilson be adoptea. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 í......... Ordinance No. 009B amending Ordinance No. 009 relating to the procedure for introduction and passage of ordinances and resolutions. First reading. City Clerk read Ordinance 009B. ~ Ordinance 117 approving the annexation of certain contiguous uninhabited territory designated Stevens Crcek No.1. Second reading. Motion by Councilman Wilson that second reading be by tItle only, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Clerk read title, Ordinance 117. Mayor asked if City Manager had looked at property. City Manager stated that as he had mentioned at the last meeting, -4- ;29 da there ~as a condtion where one of the opponents had put in curbs, gutters and sidewalks and had improved the street in front of his property. The westerly end abuts what will be County property a.nd there is an embankment there that will probably impound water. He has been up to look at the prope~ty after two rains and saw no serious condition. City Manager said that annexations must start somewhere and with annexation there are conditions where improvements are accomplished. It was his opinion that eventually, and perhaps sooner than one would think, the property would be improved. City Manager sees no justification for leaving this particular property out of annexation. Mr, J. C. Scott, 10280 Scenic Blvd. , sta.ted that as of today the assessed valuation had changed. Mr. Scott is opposed to being annexed into the City and requested that his property be taken out of annexation. City Attorney advised Mr, Scott that hearing had been opened, passed and closed and that there was no way in which this could be done. Mr. Scott understood at the la.st meeting that the annexation was postponed until the City Engineer had given his report on the prooerty. Mayor explained to Mr. Scott that annexation had a first reading at last meeting and that City Manager had given his report in regard to property at present meeting. Mr. Scott stated that the County has asked him to accept the street back again and that he can not get his money bacK from escrow until this is done. Motion by Councimman Lazaneo that Resolution 117, approving annexation of certain contiguous uninhabited territory designated Stevens Creek No, 1 be adopted, Seconded by Wilson. Daisy Beatty, 10234 Scenic Blvd. asked why certain property was left out of annexation. City Engineer stated that this had something to do with the balancing of the assess- ment value. Miss Beatty objected to not being given an opcortunity to vote on annexation, Councilman Wilson explained that the Council is charged with doing things which will benefit the majority of the people in Cupertino and it was their opinion in initiating this éJnnexation that it would be for t:';e good of the greater number of people in Cupertino, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 7. Resolution 271 disapproving the proposed expressway system for County of Santa Clara as recommended by the County Trafficways Committee, City Attorney read Resoh¡tion 271. Motion by Councilman wilson that Resolution 271 be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, "athanson Nays: None Absent: None Motion Carried: 5-0 Councilman Saich requested th"t cocies of Resolution 271 be sent to Mr. Starbird to be read at the meeting. Copies of resolution had already been sent to other cities. ~ Resolution 267 giving notice of proposed annex3tion of certain uninhabited territory desingated Stevens Creek No. J. City Clerk read Resolution 267. Motion by Councilman Saich that Resolution 267 be adopted. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 -5- 34 ,.... ~ ~ - tI:! 9. Resolution 272 giving notice of proposed annexation of certain uninhabited territory designated Stelling No.3. City Engineer advised that annexation was prepared in accordance with County greenbelt maps and that after map went before Boundary Commission and had been aDproved, two property owners within proposed annexation clained that they had been greenbelted so@e time ago. This had not been indicated on the County maps. City Engineer recommended that annexation including only the green~ belted areas which are in favor be resubmitted to the next Boundary Commission meeting. Motion by Councilman Saich that map, Stelling No. ), be redesigned to conform to the current greenbelt situation and be submitted to the next meeting of the Boundary Commission, Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 10. Resolution No, 273 adopting budget proposal for expenditures of unds allocated under section 2107.5 of the Streets and Highways Code. City Clerk read Resolution No. 273. Motion by Councilman Lazaneo that Resolution No. 273 be adopted, Seconded by Wilson. Ayes: Pelosi, hazaneo, ~ilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 11. Resolution 274 transferring Water Department Con- struction Funds to the City General Fund as reimbursement for general expenditures incurred during acquisition of Water Works. City Clerk read Resolution 274, Motion by Councilman Saich that Resolution 274 be adopted. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 12. Resolution 260 endorsing and sup~orting the activities and principles of the Childrens Hospital and Health Center, Inc. Mr, George Per:.~ins._~,Q.065 Stevens Cree1i.. reported that this group is not intending to form a hospital district., lhey are incorporated as a non-profit orgainization and coPy of incorporation papers has been filed with City Clerk. Mayor asked how group was to be supported, Mr, Perkins answered that this would be a community effort supcorted by public subscription only and that is this is not successful, the monies collected will be donated to another charity. The organization is non-profit, purely subscription and they do not intEnd to form a hospital district. The Cities of Mountain View and Sunnyvale have expressed their willingness to endorse the organization and from the word of Councilmen in other cities he feels that they will have the support of other cities. Mr. Perkins gave City Attorney copy of articles of incorporation. City Attorney advised that articles were as Mr. Perkins had stated. Motion by Councilman Wilson that Resolution 260 be adopted. Seconded by Saich. Ayes: Pelosi, Wilson, Saich, Nathanson Nays: None Abstain: Lazaneo Absent: None Motion Carried: 4-0 -6- 35 n. Ordinance 120 reclassifying a certain portion of the City of Cupertino from an R-l:B-2 District to an R-J-H District, Edenvale Land Company. Discussion arose as to whether Ordinance 120 should be read at present meeting. City Attorney advised that the reading of an ordinance is in fact an introduction to the Council and that the Council is the only body which can instruct the preparation of ordinances. He felt that it would not be advisable to draft ordinances to be read at Council Meetings on the chance that the Council might accept ordinance. Discussion arose as to the possibility of having the first r'eading of an ordinance after a public hearing in order to expedite matters. City Manager stated that on the one hearing at the Council level the resolution is presented to the Council from the Planning Commission and if the Council agrees with the resolution they then instruct the City Attorney to prepare an ordinance outlining the condtions of the resolution, and the ordinance has a first hearing at the next Council meeting. City Attorney inquired about conditions which Council may attach. City Manager answered that Council may amend the resolution, adopt resolution as amended and then instruct City Attorney to prepare the ordinance. VI. PLA;N ING COr·1MISS ION ACTIONS REQUIRING COUNC IL ACTION 1. Wilson and Cook: Tentative map approved by Planning Commission, January 25,. Since this matter had previously been approved b.'! the Council, the Agenda was in err'or. 2. Amendments to Sign Ordinance recommended by Commission, Councilman Wilson reviewed the reasons for initiating amendments to the sign ordinance. It was his feeling that Council should accept recommendations of Planning Commission to allow larger subdivision signs. Motion by Councilman Lazaneo that City Attorney be instructed to prepare an ordinance amending Ordinance 89, Sign Ordinance, according to the recommendations of the Planning Commission. Seconded by Saich. Ayes; Pelosi, Bazaneo, Wilson, Saich, Nathanson Noes: None Absent: None Motion Carried: 5-0 3. Raymond R. Martin: Application for side yard variance Tract 2341 Bollinger Road. Motion carried to reduce side yard setback on corner lots from 16' to 12' in proposed ordinance. City Manager reported that this was discussed by City Engineer, Planning Consultant, Building Inspector and himself and it was felt that the setbac~s could be reduced to 12', The application requested 8' setbacks but it was decided that this would not be workable. City Manager recommended that Council amend ordinance establish~ ing 12' setbacks and grant variance. Mr. Martin. 1091 Enderby Way. Sunnyvale, applicant, stated that the reason for request was essentially to attempt to have restrictive 16' side yard clearances reduced. Motion by Councilman Pelosi that City Attorney be instructed to prepare resolution grnating variance to reduce side yard setbacks to 12', Raymond h. Martin, and that City Council accept recommendations of the Planning Commi:c:sLm to reduce side yard setbacks to 12', Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 VII. PAYING BILLS City Clerk stated that Warrant numbers 1246. 1247, and 1248 should not have appeared in Resolution No. 269. Councilman Pelosi read Resolution 269. Motion by Councilman Lazaneo that Resolution No, 269 approving warrant numbers 1244 through 1264, 1276, and 1277, -7- 36 excluding warrant numbers 12Lf6, 1247, and 1248 in the amount of ~J9,789,51 be approved. Seconded by ~ilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 ~ ~ o .... tJ: Councilman Pelosi read Resolution 270. Motion by Councilman Saich that Resolution 270 approving warrant numbers 1265 through 1275, except 1267, in the' amount of G2,696.85 be adopted. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 VIII. ORAL COMMUNICATIONS - None IX. PROTESTS AND WRITTEN COMMUNICATIONS 1. Letter of thanks to Council from family of Dick Olson 2. Monthly valuation report, Building Depa.rtment, February. J. Letter from John Rancelli requesting deposit of $1,250.00 for drainage of 2~ acre parcel fronting Rodrigues Avenue. City Attorney read Resolution No. 77 which provides th',t the storm drainage deposit is to be made at the time application is made for a building Permit. Motion by Councilman Lazaneo that the sum of $1,250 be remitted to Rancelli & Duvaras until such time as application for building permit is made. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 4. Permit to operate Water Company, State Department of Health. 5. Minutes of Water Cooperation Committee, February 10, Santa Clara County. 6. Brief, City of Cupertino vs. City of San Jose. X. REPORTS OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner Councilman Saich reported tha.t when weather permits he and City Manager will go through subdivisions to see how much dirt is on the streets. Street cleaners will be used when necessary; B. Report of Police and Fire Chief Mayor reported that he ha.s been receiving complaints about speeding trucks of Santa Clara Sand and Gravel Co, He talked with Mr, Dorsett and was told that tickets should be issued to speeding drivers. City Manager called to the attention of the Council the damage done to the traffic signal, Miller and Stevens Creek. He asked if the Council will have the signal repaired or if a more permanent signal is to be installed. City Manager requested authorizàtion to look into the matter of having permanent signal installed to make report to City Council, He will also check the possibility of having the signal on Stelling set on blinking. C. Report of Recreation Commissioner Councilman Pelosi stated that the provision in proposed contract that the City have year-round supervision of recreation areas after school hours would involve a considerable expense on the part of the City. City Attorney advised that is is not necessary to enforce that section of the Ordinance and that this only states that the City cannot go beyond that, The Exhibit to be attached will be the operating schedule. Mr. Pelosi reported that they have been having difficulty getting trucks to get fertilizer to the Collins School. Councilman Pelosi presented an ordinance of the City of Hayward -8- 37 which requires subdividers to pay for recreation. City Manager stated that this is usally done through the business license setup in these cities, Councilmen Wilson suggested that business license procedure in City could be changed to accomplish this. D. Report of City Treasurer Councilman Pelosi reported receipt of statement from State Board of Equalization, sales tax for last quarter, Cupertino's share $6,907.31. E. Report of City Manager City Manager reported that street lights on Stelling were installed by P.G.&E. in 1956. Since these lights do not benefit the citizens of Cupertino, City Manager suggested that the lights be taken o~t or that p.G.& E. be asked to charge the Garden Gate Lighting District. Motion by Councilman Saich thet City Manager be authorized to nQtify p.G. & E, and the County Of the Council's decision regarding three electroliers on St~lling Road. Se~onded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Manager reported that Homestead Well No. 1 will need repair. The cost will be $1,047 to replace bowls and $1,]00 to clean out well, check shaft and tubing and replace tubing. The Water Commission recommended that the name "City of CUDertino Water Department" be given to the Water company. Motion by Councilman Wilson that the name "City of Cupertino Water Department" be given to the water company. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich that water department equipment be properly inscribed with the name "City of Cupertino Wa ter Department". Seconded by Lazaneo, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nay 13 : None Absent: None Motion Carried: 5-0 City Manager reported that Water Commission requested that, a master plan be developed for ,the extension of the water system into Cupertino. A committee wo~ld be formed to investigate 'I\8ster plan costs and IT'ake a relort to the Council. Motion by Councilman Lazaneo that a committee of Water Commissioners be formed to investigate cost and overall features of a master plan for the water department. Seconded by Wilson Ayes: Pelosi, Lazaneo, W,ilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 At the last meeting of the Planning Commission, the matter of a junk yard on Blaney Avenue was reported. The junk yard was considered a hazard by the fire department and for this reason, the owner's application for a business license has been held up. It developed that owner is in process of selling land. Motion by Councilman Saich that business license for junk yard. John Smith, be accepted and that apDlicant be -9- 38 compelled to comply with fire department regulations as quickly as possible. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 ¡.... ~ ~ - t3C City Manager will make report regarding garbage contract to Council at next meeting, after Council has reviewed material distributed. F. Report of City Attorney City Attorney reported Resolution 276 authorizing Bank of America N, T. & S, A., fiscal agent, to act as agent for and on behalf of the City to hold and secure the 1960 water system acquisition and construction fund. Motion by Councilman Lazaneo that Resolution 276 be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Attorney presented insurance policy, Los Altos Garbage Company, general liability coverage, to be filed with records of the City. G. Planning Commission Report. No report. H. Report of City Engineer City Engineer reported that Country Life Village No. 2 has requested to have their improvements accepted by the City. He requested at last meeting that developers deposit funds to be applied for final cleanup of tract. Developers have submitted $1,075 with the City for this work. Motion by Councilman Saich that for Country Life Village No.2. Ayes: Pelosi, Lazaneo, Wilson, Nays: None Absent: None Motion Carried: 5-0, City accept improvements Seconded by Lazaneo. Saich, Nathanson Councilman Saich stated that the manholes in Country Life are two inches above grade. City Engineer stated that he would look into matter. City Engineer reported that Bond and Anderson would like to assign the contract for work on Pacifica Drive to U. S. Fidelity and Guarantee Company. It is a standard assign~ent of contract and they are reauesting Council approval of the assignment. Motion by Councilman Lazaneo that Council aoprove assignment of contract from Bond and Anderson to U. S. Fidelity and Guarantee Company. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 The storm drain from intersection Stevens Creek Road and Highway 9 southerly along Highway 9 to the new shopping center has been let out to bid, bid opening schedule Mærch 1 at City offices. I. Smog Control Councilman Lazaneo reported letter received from Air pollution Control District citing violation burning. Councilman Lazaneo stated that letter was in error since location indicat~d is not within City but is in San Jose. Mayor will forward letter to San Jose. -10- 39 .. IX. UNFI~ISHED BUSINESS Councilman Wilson suggested that Council and Planning Coœrnission work together on zoning ordinance and general plan. Councilman Lazaneo suggested working on zoning ordinance first and then on general plan. City Manager was instructed to notify Planning Commission and Planning Consultant that joint session will be held March 15, March 22, and March 29 at 8:00 P.M. in Council Chambers. XII. NEW BUSINESS A. Motion by Councilman Pelosi that election board named as follows be approved: Pearl Reynolds, Inspector, $18,00; Mary Ann Lima, Judge, $15.00; Lucille C. Becker, Judge, $15,00 and Doris Adamo, Clerk, ~15.00. Seconded by Lazaneo, Ayes: Pelosi, Lazaneo, wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 B, Miscellaneous The conflicting street name of a street passing through Cupertino, San Jose, Sunnyvale, and the County was brought to the attention of the Council. The street is called Stelling in Cupertino and Hollenbeck in Sunnyvale. Councilman Pelosi suggested that City Manager discuss this with City of Sunnyvale. Councilman Saich reported that I"r, Werner, living on East Estates Drive had spolen to him about a buffer wall between his house and commercial area. At time he purchased house, developers informed him that they would ~lant a shrub fence, bat have so far done nothing in this regard, and developers are presently considering construction of several stores, It was learned that building permits have not been issued for stores as yet. Matter was turned over to the Planning Commission for cGnsideration at its next meeting. XIII. ADJOURNMENT Motion by Councilman Lazaneo that meeting be adjourned. Seconded by Wilson, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Mayor, City of Cupertino Attest: ~~~~ I~. ~~ ity Clerk