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CC 04-18-60 (ì4 p, o. Box 59? ll-2-4505 ,.... ~ ~ - = C I T Y 0 Feu FER TIN 0 CUP!'RTINO, CALIFORNIA MINUTES OF THE REGUlLAR MiliETING OF THE CITY COUNCIL M'RIL 18, 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P.M. 1. SALUTE, TO THE FLAG II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Pelosi, Wilson, Saich, Nathanson, Lazaneo City Manager, City Attorney, City Engineer, City Clerk III. MI~~TES OF TEE PREVIOUS V~ETING, April 4. 1960, were approved as read. ~înutes of the Special Adjourned Meeting, April 9, 1960 were corrected as follows: Page I, ref€rence to Mr. Starbird should be "Chairman, Traff1cways Committee", Minutes were approved as re..d. IV. PUBLIC HEARINGS A. Woodruff, Neville and Pauline, application to rezone 2.7 acres south side of Homestead, 460' east of Stelling from A_2:B_4 to R-3-H. Councilm..n Wilson disqualified himself from discussion and voting. Mayor asked if there were protests. There were none, Mayor asked if there were written commUnications. There were none. Motion by CounciIm.n Pelosi tha,t hearing be closed. Seconded By S..ich. Ayes: Pelosi, Saich, N..th..nson Nays: Ncne Absent: Laz..neo Abst..in: Wilson Motion Carried 3-0-1 Motion by CounciIm.n S..ich that City Attorney be instructed to prepare an ordin..nce ..dopting Pl..nning Commission Resolution 9, recommending rezoning Neville ..nd P..uline Woodruff, 2.7 ..cres from A-2:B-4 to R-3-H. Seconded by Pelosi. Ayes: Pelosi, Saich, N..thanson N..y s: None Absent; Laz..neo Abstain: Wilson Motion C..rried: 3-0-1 V. ORDINANCES AND RESOLUTIONS FOR ADOPTION 1. Ordin..nce 122 - WatEr Commission Ordina,nce. City Man..ger reported that Water Commission had unanimously ..pproved Ordinance. Motion by Councilm..n S..ich that second re..d:ng of Ordinance be by title only. Seconded by Pelosi. Ayes: Pelosi, Wilson, S..ich, Nathanson N..ys: None Absent: Laz..neo Motion Carried: 4_0 City Clerk read title, Ordinance 122. Motion by Councilm..n Pelosi that Ordinance 122, Water 6ommission Ordinance be adopted. Seconded by Saich. Ayes: Pelosi, Wilson, Saich, Nathanson Nays: None Aþsent: Lazaneo Motion Carried: 4-0 2. Ordinance 123 approving of annexation of certain uninhabited territory designated Stevens Creek No, 3. First Reading. City Clerk read Ordinance 123. Mayor asked if there were proponents or oppon- ents, There were none. Mayor asked if there were ,;ritten or oral communica- tions. There were none. Councilman Lazaneo arrived at 8:25 p.m. 3. Ordinance 124 rezoning property of R. Cali from A_2:B-4 to R-l, First reading. 65 City Clerk read Ordinance 124. Mayor asked if there were written or verbal protests. There were none. 4. Ordinance 125, Tree Ordinance, prescribing regulations relating to the planting, care and removal of trees. First reading. City Attorney suggested that Ordinance be submitted to him and to City Manager for study and report to the Council. Motion by Councilman Lazaneo that Tree Ordinance be submitted to City Attorney and City Manager for study, a report to be made to the Council at the next meeting. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 5. Resolution 289 declaring intention to call a special annexation election and fixing a time and place for protests by property owners (Homestead -J).. City Clerk read Resolution 289. Mayor asked earliest date on which election can be held. City Engineer stated that assessed valuations would have to be checked by the County offices. Motion b.y Councilman Saich that City Engineer be instructed to contact the County Recorder and the Registrar of Voters to determine earliest date which election may be held. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 6. City Engineer reported that representatives of Shell Oil Company were present in audience in regard to service statio¡¡¡, at the corner of Stelling and Stevens Creek. City Engineer advised that deed requirements have been met and that only thing remaining is a request by the Shell Oil CompaD¥ that the City prepare a letter to them stating that the City will not block the in - gress and egress to the service station with power poles. Mr. Ross Hahn. 1S4 Devonshire, San Carlos, real estate manager representing Shell Oil, stated that they are willing to have the city accept the deed but the Shell Oil legal department raised the question of location of power poles. City Engineer stated that practice is that developer makes arrangement with utility companies to set poles back to conform to City standards, He has not before experienced a request of this kind but sees no objection to the request. Motion by Councilman Wilson that Shell Oil Company be advised, in writing, that the City will not place power poles in service station driveways. Councilman Pelosi requested legal counsel. City Attorney stated that it would be proper for the City Council to instruct the City Engineer to deliver a letter to the Shell Oil people stating that the City would not place poles in their driveways. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 7. Ordinance 90 (A) amending Ordinance No. 80 "Plumbing Code". first read- ing. City Clerk read Ordinance 80 (A). VI. PAYING BILLS City Treasurer read Resolution No, 290. Motion by Councilman Saich that Resolution 290, claims and demands in the sum of $1,556.34, warrants 1360 through 1365, 1383, plus Water Department payroll in the amount of $759.25, warrants 24 through 27 be approved. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo. Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Treasurer read Resolution No. 291. Motion by Councilm~n Lazaneo th:l.t Reso',ution No. 291 in the amount of ;Plo,622.54 warrant numbers 1366 through 1;82, plus ~.ter Dep.rtment expenditures in the amount of $2,349,00, warrants 28 through 39 be approved, Seconded by Saich. 66 Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Na,ys: None Absent: None Motion Carried: 5-0 ¡-. ~ ~ - t:I:; VII. ORAL COrW1UNICATIONS A, R. I. Meyerholz, Civil Defense ~rector. City Manager stated th"t ~æ. Meyerholz had informed him earlier that he would not be able to attend the Council meeting. VIII. PROTESTS AND WRITTEN CO~~NICATIONS 1, Letter from Calvin Flint, President, Foothill Junior College. City ~~nager w~s instructed to write thanking Mr. Flint for his letter. 2. Letter from Mrs. AnD ~~rie Plascjak wishing City success in operation of the Water Dep.rtment. 3. Notifications of Annexations, Los Altos, Santa Clara and San Jose. 4. Santa Clara County Trafficways COffiTIlittee, Minutes of the meeting April 13, 1960. 5. Proclamation declaring Burglary Prevention Week. Motion by Councilman Lazaneo that Mayor be authorized to sign proclamation de- claring Burglary Prevention Week. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 6. Renewal of Alcoholic ~everage License, Toufic Baz. 7. Letter from Mr. and Mrs, B. C. Reynolds, Jr. thanking City for sweeping streets in Idlewild Subdivision. 8, Golden Gate Authority Commission, Notice of Public Hearing, May 10, 1960. IX. REPO.RTS OF OFFICERS AND CO}'lfISSIONERS A. Councilmon Saich reported that at meeting, Trafficways Co~~ittee, April 13, 1960, cities decided they would draw up a plan incorporating their ~ajor pro- blems and this would then go b~ck to the Trafficways Subcommittee. Councilman Saich suggested getting City Egnineer, City Attorney and City Manager together in a work session to prepare plan to submit to the May 18th meeting. Councilman Wilson stated that the City has already made its stand on this matter and that now City should ,.ait and lIee stand other cities :;.re taking. It was suggested that Councilmen study minutes of Trafficways Committee meeting for discussion ~t next Council meeting. B, Hayor reported traffic violations, ~;arch, 1960. fines collected and fire violations. C. Councilman Pelosi reported on PTA meeting April 7, 1960, regardine recrea- tion in Cupertino area. Councilman Pelosi rEad letter from Mrs, Busto and offered a vote of thanks to Mrs. Busto for her efforts, Councilman Pelosi reported th,3t a Recreétion Commission is in formation st;Jges ~nd th~t persons responsiole for running the Community Center are holding a meeting and further information on this f..cili ty Hill be presented to thE' next meeting. Counciibman Pelosi also offered a vote of thanks to the Saich family for their nelp in preparing the field at the Collins school and to Paul 0..riani for donating the sprinkler system to V8t the field down. D. Councilman Pelosi repDrted questionnaire from Californi;J Municipal Treasurers Association; a lett8r from the Úividon of Highways rega.rding certificate of official estimate of population of Cupertino as of March, 1960; State Controller, arr tionments to the City, in lieu tax; Trust Department, Bank of America reger'ding City of Cupertino Water Department, statement of eash receipts and disbursements. E, City J;Ianator report.ed that the insura.nce report for Frank Moreno, tow truck service, requested by the Council has been received and turned over to t.he City Attorney, City Att.orney stated that rroperty da~age coverage should be increased to $25,000, Mot.ion by Co,mciLnan Lazaneo tr~t business license be issued to }:r, Frank Moreno to operate a tow truck service in Cupertino providing thpt. property dal1'age coverage is increased from $5,000 to $25,000, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nay s: None Absent: None Hotion Carried: 5-0 City Manager reported a letter from the Los Altos Garbage Company requesting an 67 incre¡se to $1.70 per month, City ¡'¡anager stated this is in C,Gess of wh¡t other cities are pÄying for similar service. It WaS generally agreed that proposed rate is too high. City Manager stated that he will contact Los Altos Garbage Company and attempt to work out a more satisfactory agreement. City ¡¡ianager reported that the request of Permanente to tr¡nsfer its pumping facilities to City-owned property was approved by the Water Commission ¡nd that he \oIould prepare a report on ilistàllation ','ork to be done for submission to the Water Commission and Council. City Manager reported a Council Institute to be held at the Claremont Hotel, Berkeley and urged Councilmen to attend. Meeting is May 26th and 27th. Motion by Councilman Wilson that Councilmen able to attend Council Institute, May 26th and 27th, Berkeley, California, are authorized to do so, with expenses paid by the City. Seconded by Pelosi. Ayes: Pelosi, Laz¡neo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 F. City Attorney reported insurance certificate pursuant to Ordinance 39 providing a bond in the amount of $1,000.00 for Carl Tucci and recommended that this be filed with the records of the City. Also reported was claim in the amount of $500.00 William B. Bird, for damages resulting from an accident on Blaney Avenue. Motion by Councilm¡n Lazaneo that the City Clerk be authorized to stamp and return to a L torney a,n endorsed copy of Cl:Üm and that first copy of ClolÍm be returned to the City insurance carrier together with copy of Ordinance No. 20. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson. Saich. Nathanson Nays: None Absent: None Motion Carried: 5-0 G. No report. H, City Engineer reported th2t sotrm drain on corner Stev.ns Creek, running south to Highway 9 has been completed. 75% of pa~~lent has been wade to con- tractor and that 25% is being held for final clean up, Motion by Councilman Saich that City Engineer be ¡¡uthorized to file notice of completion and that payment of 75% to the contractor be made. Seconded by Pelosi. Ayes: Pelosi, Lazan~0, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Engineer presented Resolution No. 292. City Attorney recommended adoption of Resolution, Motion by Councilman Saich th.t Resolution 292 accepting grant deed from Western Title Guaranty Comp"ny be adorted. Seconded by Hilson, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Engineer reported that deposit hs been made and bonds posted for Sub- division Tract 2722, Rivercrest, Developers have designed in-tract water system and also off-tr;¡ct system, The easement ,¡,rough the Davis property is being acquired by the City. Water lines Äre shown on improvement plans and cost is included in bonds which develo;er posted, Only remaining item is pedestriÄn path and the question for the Council to determine is whether path sould be dedicated or be Än easement. City 1ngineer recommended th2t it be dedic,ted since easement would present ~ problem of maintenance. City Attorney recommended th~t City take dedication in fee rather th~n an ease- ment. Councilman Pelosi felt th~t recommendations of City Attorney and school board should be follo,^Ed. Mx, A. T. Cook of Cook and Wilson develøpers. st~ted th~t in matter of school wÚh!ays, they have taken position tbt they are willing to do whatever the school district desires, but it is his understanding, frcm a document signed April 14 by Dr, ~~thery. that the school district wonted a 5' walkway. City 68 ~ ~ ~ - tJ: ßngineer st~ted that he had talked to 11r, Frank Fenly who indicated that the 10' walk would be more desirable because there would be no maintenance problem. City Manager recommended a 10' walkway. Motion by Councilman Pelosi that a l~' paved pedestrian walkway be provided, that the fee be in the City and that the Contract be amended on that b~sis. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, ~ilson, Saich, Nathanson Nay s : None Absent: None Motion Carried: 5-0 Cit" Epgineer presented improvement plans, agreement and resolution which have been signed by Cook and Wilson. Motion by Councilman Saich that Resolution 293 approving final map Tract 2722, Rivercrest, be adopted. Councilman Pelosi referred to Planning Commission Minutes, April 11th, and asked about water connection to subdivision. City Engineer outlined water connection in development stating that off_tract will be put in as part of the development. easement will be acquired by the City and the difference between price of 8" and 16" pipe will be paid by the City, Councilman Pelosi asked about sidewalks in subdivision, :1.ndread Planning Commission action and motion. Mayor stated that Council had already discussed this and decided th.,t side,,¡¡alks were not needed. Councilman Pelosi stated th~t if sidewalks are not required in this subdivision, the Council should go on record to not require side~'alks in any subdivision. Council1",Rn Wilson stated that this will come up before the Council again as the hilly country develops and he does not feel that Council should arrive at a stand~rd policy but that each development should be judged individually as to lot size. Council- man Wilson stated that the Council had approved tentative map and granted variance on sidewalks but required sidewalks in developers' R-3 unit. Motion by Councilman Saich that Resolution 293 approving final map of Tract No. 2722, Rivercrest, accepting certain drives, courts and roads; authorizing the City Engineer and the City Clerk to sign the final map and authorizing agreement in cOl<nection there'Qth, be adopted, Seconded by Wilsoh. Ayes: Lazaneo, Saich, Wilson, Nathanson Nays: Pelosi Absent: None Motion Carried: 4_1 City ßngineer presented resolution, agreement and bonds for TrRct 2403 Pacifica Subdivision No, 2. Motion by Councilman L~z~neo th;;t Resolution 294, approving final map of Tract No, 2403, Pacifica Subdivision Unit No.2, accepting certain drives, courts and roads; authorizing the City Engineer and the City Cler~ to sign the final map and authorizing agreement in èonnection therewith, be ;;dopted. Seconded by S;;ich. Ayes: Pelosi, Laz;;neo, wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Lazaneo that Resolution 295, approving final map of Tract No. 2705, Pacifica Subdivision Unit No.3 accepting certain drives, courts and roads; authorizing the City Engineer and the City Clerk to sign the final map and authorizing agreement in connection therewith, be adopted. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 The matter of side'",: j, s on the Galli property was discussed. Councilman Lazaneo stated that he does not fpel that sidewlks ;;re required in this area. Councilman Pelosi stated that he looked at the property and that it conforms to the Cook and Wilson subdivision, If Cook and Wilson are not required to have sidewalks, Mr. Galli should not be required to have sidewalks. Motion by Councilman Lazaneo that tentative map. Sylvia Properties, Inc" be approved and th.t no sidewalks be required, Seconded by Wilson. ,69 Ayes: N.;ys: Motion L~z~neo , None C.rried: wilson, S~ich, Nathanson 4-1 X, UNFINISHED BUSIN1SS Councilman Wilson asked what .ction Council is going to take on the widening of Highway 9. City Engineer stated that he and City Attorney ~re working up preliminary proposals for submission to the Council, Councilman Saich reported that a mc<oting is to be held at the Lincoln Scholbl, April 21st, to discuss forming an assessment district for curbs, streets, and possibly some type of storm drain system for Felton Park, City Engineer, would not be able tö'attend ,this meeting.' Councilman Saich stated tl>at he would'attempt to make ,another date for the me€ting in order that City Engineer be present to give figures, Councilman Lazaneo suggested that these matt~rs be handled through ,the,~ity}íanager. 'e:ity'Ma~ger was instr'uctedj;o contact Mr, Rushton to set up another meeting. Mayor offered, on behalf of Councilmen and City, appreciation to Councilman Wilson for his m.ny hours of service to the City. Meeting adjourned at 11:10 F.E" Monday, April 18, 1960 until Tuesday, April 19. 1960, for the canvass of the votes. APPR.OVED: Mayor, City of Cupertino A~ w.....~ i ty Clerk / '1' (jQ~ç