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CC 05-02-60 74 ¡.... ~ r.; - = P. O. Box 597 ll_2_4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR M~TING OF THE CITY COUNCIL MAY 2, 1960 Place: 10321 S. Saratoga-Sunnyvale Road Time: 8:00 p,m, 1. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Benetti, Lazaneo, Nathanson, Saich, Pelosi None Ci ty Manager, City Attorney, City Engineer City Clerk MINUTES OF MEETING April 18, 1960, were corrected as follows: Page 8, paragraph 2, Mayor Pelosi requested that Minutes show that his statement in regard to sidewalks on the Galli property should include "he still felt that sidewalks were necessary in all subdivisions." Minutes were approved as corrected. Minutes of April 19, 1960 were approved as read. Minutes of April 23 were approved as read. Mayor requested that oral communication be moved up on Agenda in order that petition and comments in regard to the location of a library in Cupertino may be hear~. Mr. Del Hoyt, 20725 Scofield, representing the newly-formed library committee, stated thAt committee has met with Mr. Farrier who also believes that there is a need for a library in the area. Mr, Hoyt requested that a letter be written to the Board of Supervisors stating the City's desire to have a library located in Cupertino. Mrs. Robert Jones. 10500 Madera Drive, representing Cupertino Jun_ ior Womens' Club, statéd that her organization will do all it can to aid in the establishment of a library. Councilman Saich requested a show of hands to determine how many in audience were in favor a library. A majority were in favor. Mayor reported that committee is negotiating to lease a building to house library and believes that negotiations will be completed by July 1st. Motion by Councilman Nathanson that a letter be written to the Board of Supervisors and all interested agencies giving in as much detail as possible the greet interest evidenced by the people in this area for a branch library and pointing out that this is the center of the district and that as such is entitled to have such a branch library. Seconded by Saich. Ayes: Benetti. Lazaneo, Nathanson, Saich, Pelosi Mays: None Absent: None Motion Carried: 5-0 Mayor suggested that citizens write to Board of Supervisors also. City Manager suggested that copies of letters should be sent to the Chair- man of the Library Committee and also to the County Librarian. IV. PUBLIC HEARINGS A. Stelling 3-A - Annexation City Clerk read protest from City of San Jose. Mayor asked ßor comments from the floor. Mr. Jack Lyddon, Box 215. Cupertino, representing owners of land surrounding proposed annexation asked if annexation laws stated that width of property being annexed should be greater than 40' wide. City Attorney replied that the greenbelt statute applied here: it authorized annexation of roads bordered Qy greenbelted areas without the usual limitations of length, width, etc; that clarification of these statutes should be a matter for the cou~ts. This hearing is limited to determination of whether or not there is a 50% protest in area marked for annexation, Since there are no protests it would follow that the Council may close hearing since there were less than 50% prote$ts made. Motion Qy Councilman Saich that hearing be closed. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Mays: None Absent: None Motion Carried: 5-0 15 Motion by Councilman Lazaneo that City Attorney be instructed to prepare an ordinance annexing Stelling 3-A. Seconded by Saich Ayes: Benetti, Lazaneo, Nathanson. Saich, Pelosi Naye: None Absent: None Motion Carried: 5-0 V. ORDINANCES AND RESOLUTIONS FOR AOOPTION 1. Ordinance 123 approving the annexation of certain uninhabited territory, designated Stevens Creek No.3. Motion by Councilman Saich that second reading of Ordinance be Qy title only. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Nathanson. Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 City Clerk read title, Ordinance 123. Motion by Councilman Saich that Ordinance 123 approving annexation of Stevens Creek No. 3 be adopted. Seconded by Lazaneo Ayes: Benetti. Lazaneo. Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 2. Ordinance 124 rezoning property of R, Cali from A_2:B-4 to R-l. Motion Qy Councilman Nathanson that second reading of Ordinance 12~ be by title only. Seconded Qy Saich. Ayes: Benetti, Lazaneo, Nathanson. Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 City Clerk read title, Ordinance 124. Motion by Councilman Nathanson that Ordinance 124 rezoning propeety of R. Cali from A-2:B-4 to R-l be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 3. Ordinance 125, Tree Ordinance. Reading of Tree Ordinance held over until meeting May 16 in order that City Attorney and City Manager may make report. 4. Ordinance No. 80-A amending Plumbing Code. Motion by Councilman Lazaneo that reading of Ordinance 80-A be by title only. Seconded by Saich. Ayes: Benetti, Lazaneo, Nathanson, Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 City Clerk read title, Ordinance 80-A. Motion by Councilman Saich that Ordinance 80_A be adopted. Seconded Qy La zaneo. Ayes: Lazaneo, Nathanson, Saich, Pelosi Nays: None Abstain: Benetti Absent: None Motion Carried: 4_0_1 5. Ordinance 126 rezoning property of Neville and Pauline Woodruff from A-2:B-4 to R-3-H. First reading, City Clerk read Ordinance 126. Councilman Saich requested that name of applicant be included in body of Planning Commission resolutions. VI. PLANNING COMMISSION ACTIONS REQUIRING COUNCIL ACTION A. Neilsen application: 3.56 acres to R-4, south side of Permanente Road between Prado Vista and Lockwood. Referred for policy. 76 ..... ~ ~ - = City Manager reported that prêperty is in county and applicant has applied to County for rezoning. The Planning Commission requested that applicant be informed that zoning would have to be approved by the City and also that water would be available upon annexation to the City. The County Planning Commission has taken application off agenda and applicant is going to make application to the City for annexation. Councilman Nathanson stated that City may not approve Particular zoning because of difficulty to sewer area for multiple dwellings. City Manager stated that a letter has been submitted by the Sanitary District to the Planning Commission and the County to the effect that sewers in area are not designed to take care of this type of development. Motion by Councilman Nathanson that position in annexation application. Ayes: Benetti, Lazaneo, Nathanson, Nays: None Absent: None Motion Carried: 5-0 applicant be advised Seconded by Saich. Saich, Pelosi of City's B. Possibility of joint session re Yamaoka application for R-3-H. Mayor felt that joint session could be held after vacancies in Plan_ ning Commission have been filled. Wednesday, May 18, 1960, at 7:30 p,m. was tentatively set for joint meeting. C. Martin Brothers tentative map, 6 acres north side of Bollinger. City Engineer stated that map conforms to neighborhood plan for the area. Motion by Councilman Saich that City Attorney be instructed to pre_ pare an ordinance rezoning property of Martin Brothers. Seconded by Lazaneo Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Lazaneo that tentative map, Martin Borthers, be approved. Seconded by Benetti. Ayes: Benetti, Lazaneo. Nathanson, Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 VII. PAYING BILLS City Treasurer read Resolution 305, Payroll, allowing certain claims and demands in the sum of $2,729.54, demands No. 1387 through 1396 plus Water Department payroll claims and demands, warrant numbers 40 through 43, in the sum of $759.24. Motion by Councilman Nathanson tbat Resolution No. 305 be adopted. Seconded by Saich. Ayes: Lazaneo, Nathanson, Saich, Pelosi Nays: None Abstain: Benetti Absent: None Motion Carried: 4_0_1 City Treasurer read Resolution 306, Bills, allowing certain claims and demands in the sum of $12,0<7.67, Warrant No. 1386, 1385, 1384, 1397 through 1408, plus Water Department expenditures in the sum of $9,613.50, demands No. 45 through 58. Motion by Councilman Nathanson that Resolution 306 be adopted. Sec- onded by Lazaneo, Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 VIII. PROTESTS AND WRITTEN CO~UNICATIONS 1. Draft to City in amount of $637.65 from Marine Office of America covering traffic signal damage. 2. Notice of claim filed with Insurance by North America. William B. Bird for accident on Bollinger. 3. Cupertino Courier requesting notification of all meetings. 4. Request from American Legion Post 642 to sell fireworks, 11 5. Letter of resignation from John Rodrigues, Jr., April 26, 1960. 6. Letter of resignation from E. Cali, April 25, 1960. 7. Letter of congratulations to successful candidates from Santa Clara Borad of Super~sor5. 8. Letter from Paul Finch recommending Charles Snyder and William Duncan for Planning Commissioners. 9. Letter from Mr. and Mrs. Reynolds recommending W. Alan Griffin as Planning Commissioner. 10.. Letter from Mr, and Mrs, Ryenolds recommending James Koch as Planning Commissioner. 11. Letter from Don Frolich requesting Planning Commission represent- ation from Idlewild and recommending William Duncn. 12. Santa Clara County Board of Zoning Adjustment Agenda. IJ. Monthly Valuation report, Building Department, April 1960. Motion þy Councilman Benetti that communications be received and filed. Seconded þy Lazaneo. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 Motion qy Councilman Benetti that letters be written to Mr. Rodrigues and Mr. Cali thanking them for thier service to the City. Councilman Benetti withdrew motion. Motion by Councilman Nathanson that Mayor be authorized to write personal letter to Mr. Rodrigues and Mr. Cali thanking them for their service to the City. Seconded by Lazaneo. Ayes: Benetti, Lazaneo. Nathanson, Saich, Pelosi Nay s : None Absent: Hone Motion Carried: 5-0 Mrs. B. C. Reynolds, 19689 La Mr Drive, stated that she hoped Council would give consideration to three candidates from Idlewild for the Planning Commission. Mayor stated that all candidates will be noti- fied þy mail to appear before the City Council, Saturday morning. May 7, 1960 to discuss their qualifications. Mr. Ralph Weimer, 10014 East Estates Drive, stated that he had one other name to submit and would do so tomorrow. Mr. Ivan Meyerholz, 22500 Rolling Hills Road, Director of Civil Defense requested the Council to establish the degree of organiza- tion and information desired. It is necessary to have available various information in case of catastrophe, such as transportation, shelter, feeding, etc. Councilman Saich stated that information had been prepared several years ago when Shelley Williams was Director of Civil Defense. Mr. Meyerholz stated that he has obtained this information but is now asking if he is to outline a complete plan. Councilman Lazaneo felt that a full plan should be prepared for presentation to the Council. Councilman Nathanson suggested that Louis Wine be contacted to help in setting up procedure to be followed in case of disaster. City Attorney stated that Mr. Williams had previously done a great deal of work for the City in regard to Civil Defense and much of this earlier work was salvaged to help Mr. Meyerholz. Motion by Councilman Lazaneo that ordinance be prepared appointing Mr. Meyerholz Director of Civil Defense. City Attorney stated that he will bring ordinance up to date and will present it to the Council for discussion. He will also see that Mr. Meyerholz has a copy of the ordinance. Mr. Meyerholz asked if City would pay minor expenses, i,e. travel and a meal now and then. Mayor advised Mr, Meyerholz to submit an itemized list of expenses to the City. Motion by Councilman Lazaneo that City Attorn,y be authorized to prepare an ordinance appointing R. Ivan Meyerholz Director of Civil Defense, Seconded by Benetti, Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 78 ~ ~ <:""':: - = X. REPORTS OF OFFICERS AND COMi'nSSIONERS A, No report. B. Councilman Nathanson read report requesting decrease in speed limit, Stevens Creek_Mountain View Road from 65 miles per hour to 45 miles per hour. Motion by Councilman Lazaneo that a resolution be adopted changing the basic speed limit from 65 miles per hour to 45 miles per hour, Stevens Creek_Mountain View Road. Seconded by Saich. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 Councilman Nathanson reported five fire violations within the City. C. Councilman Benetti reported that there will be a meeting of the Recreation Commission Wednesday, May 4, 1960 at 7:JO p.m. at the City Hall. Councilman Benetti read letter from Cupertino Union School District, April 21, 1960 regarding development of athletic field adjacent to the Collins School. Mayor stated that all details have been worked out and that Dr. Nethery will present report at meeting with the School Board, May 10, 1960. Motion by Councilman Benetti that letter be received and filed. Seconded qy Lazaneo, Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Àbsent: None Motion Carried: 5-0 D. Councilman Nathanson reported receipt of $2,000, Special Gas Tax Fund from Division of Highways and $893.70 from Alcoholic Beverage Control. E. Ci ty Manager reported a meeting with Mr. Oakes, Mr. Cali, Mr. Lester, City Engineer and himself to discuss location of Wolfe Road in relation to an improvement that Rousseau Organization has planned on corner East Estates Drive and Stevens Creek Road. Mr. Oakes is trying to negotiate with property owners to purchase land so that improvements can be made for service station. Mr. Lester and Mr. Càli were in agreement with Map A submitted by Engineering Department. No decision was reached at this meeting and another meeting has been scheduled for this week. Mr. Ralph Weimer, 10114 East Estates Drive, representing Home Owners Association of Idlewild stated that Plan A would eliminate his home and presented a petition from people directly effected ih Idlewild Tract. He requested to be informed in advance of any meetings on this matter. Mayor assured Mr. Weimer that he will be notified. Mr, Barascano, 10412 Glenview Drive, expreseed concern over closing East Esta,tes Drive and making Blaney Avenue the only access to Idle_ wild and to the Arch Wilson School. Mr. Parsons, 10530 Pineville Avenue stated that alternate plan, Plan B, might eliminate the necessity of blocking off the access from East Estates. Mayor stated that Council had not before seen plans. City Manager stated that no action is to be taken by Council, that he is just reporting steps taken by the Planning Commission on this matter. Motion by Councilman Saich that petition be sent to the Planning Commission. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 F. City Attorney presented proclamation submtted by the Verterans of Foreign Wars declaring week May 8_14 "Hire A Veteran Week". Motion by Councilman Lazaneo that Mayor be authorized to proclaim the week of May 8_14 "Hire A Veteran Week". Seconded by Nathanson. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 City Attorney read Resolution J08 authorizing establishment of a Library Committee and approving of members, thereof, Motion by Councilman Saich that Resolutioh J08 authorizing establish- ment of a Library Committee and approving of members thereof be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 79 City Attorney circulated a draft of Ordinance creating Recreating Commission of five members. It was suggested that commission have seven members. ordinance to be prepared for this number. City Attorney stated that it would be improper for a Councilman to be a member of a Commission and suggested that resolution be amended making Councilman Benetii an ex officio member of the Commission. City Manager suggested that additional duty of the Park and Recrea- tion Commission could be general beautification of the City and sug_ gested that that body enforce Tree Ordinance to be adopted. City Attorney stated that this could be takèn care of in Tree Ordinance. City Manager reported on a meeting held Friday, April 29. 1960, at the office of the City Manager. San Jose, on the matter of annex- ation procedures. Mr. Hamann is to appear before the Interim Com- mittee on Annexation May 5, 1960 and he is going to present the "island" matter, but other subjects were to be checked and informa_ tion given to other cities so that they might voice their opinions. If all of the cities concur in porposed charges, they would be given to the Board of Directors of the League of California Cities and they would prepare proper legislation to present to the next legislature in 1961. City Attorney read Resolution 309 defining the position of the City in relation to present and proposed annexation laws and procedures. Councilman Lazaneo felt resolution should be stronger. Councilman Nathanson felt that more points should be cove~d.. City Attorney stated that he did not include matter of "islands" in resolution because Cupertino has no problems with "island". Wording of Resolution 309 was changed as follows: "1. The incentive for annexation should be limited to the ability to and willingness to furnish the basic municipal services rather than breaking down of pre_existing zoning requirements or develop- ment requirements." Added: "In the matter of islands, Cupertino is not confronted by this problem and therefore takes no position." ~ Motion by Councilman by Councilman Lazaneo that Resolution 309. with changes, be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 G. City Engineer stated that he will present written report at next meeting and also recommendation for each matter submitted. Motion by Councilman Saich that Resolution 310 authorizing the execution of an agreel!lEint by the Mayor and the City Clerk between Urich Oil Company and the City for construction of curb. gutters, sidewalk and pavement be adopted. Seconded by Lazaneo. Ayes: Benetti. Lazaneo, Nathanson. Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Lazaneo that Resolution 311 authorizing "Change Order No.1" and execution thereof on proposed changes of work on Homestead Drain No. 1 be adopted. Seconded by Saicp. Ayes: Lazaneo, Nathanson. Saich. Pelosi Nays: None Abstain: Benetti Absent: None Motion Carried; 4-0-1 City Engineer stated that Urich Oil Company will clean up street. He contacted owners of the Burger Pit and they are willing to improve street but have no funds and asked about possibility of forming an improvement district. Mayor suggested contacting other property owners to get their feelings on improvement district, Councilman Lazaneo felt that some of property owners would be in agreement with improvement district but others who have acreage along Stevens Creek might be in opposition since sidewalks would be of no advantage to them at this time. It was his feeling that Burger Pit should put in impÐovements and people on Blaney should not be subject to the problems of the owners of the Burger Pit. ~~yor stated that at time addition was made to Burger Pit, a condition was that curbs and gutters be installed. Owners pleaded hardship and Planning Commission approved addition stating that Burger Pit would put in 80 improvements when property across the street put in their improvements. City Attorney stated that he has no evidence of this condition. City Engineer stated that owners were under the impression that improve- ments were required. Councilman Nathanson felt that owners should fulfill their obligation. ~ ~ ~ - 1:1:1= City Engineer reported that standard detail sheets for the water design will be needed. City Manager stated that this sho~ld be included in the budget for presentation to the various commissions. Motion by Councilman Saich that City Engineer prepare a form for detail sheets to be presented to the City Manager with an itemized cost list. Seconded by Benetti. Ayes: Benetti, Lazaneo, Nathanson. Saich, Pelesi Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich that Resolution No. 307 the proposed annexation of Stevens Creek No. 5 and time and place protests will be heard be adopted. Nathanson. Ayes: Benetti. Lazaneo. Nathanson. Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 giving notice of giving notice of Seconded by Mr. Ed Schaper. 21911 Hermosá, Manta Vista. real estate agent. stated that 23 acres are involved in another annexation and that owners are absentee owners. He is representing owners. Mr. Schaper presented petition signed by property owners requesting annexation. Motion by Councilman Benetti that City Engineer be authorized to pre- pare map and description of property for presentation to the Bound- aries Commission. Seconded by Lazaneo. Ayes: Benetti. Lazaneo. Nathanson, Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 City Engineer presented Street Deficiency Report required by the State for information purposes. Completion of Report is necessary in order to be in line for funds available from the State. City Engineer read Resolution 312. Motion by Councilman Benetti that Resôlution 312 approving and adopt- ing Annual City Street Deficiency Report be adopted. Seconded by Lazaneo. Ayes: Benetti. Lazaneo, Nathanson. Saich. Pelosi Nays: None Absent: None Motion carried: 5-0 XI. UNFINISHED BUSINESS Mayor asked about parties inqu~r~ng about garbage contract with City. City Manager stated that parties wouJðhave to be checked carefully before he could submit anything further to the Council. Mr" ,Jose Laracon. Sunnyvale. stated that he would like' to place a bid for garbage collection. City Manager stated that Mr, Laracon should submit a letter giving details of proposed operation. Mr. Laracon stated that he would do this. Discussion arose regarding matter of permission to sell fireworks. Motion by Councilman Benetti that selection and limitation of groups permitted to sell fireworks be at the discretion of the City Manager. Seconded by Saich. Ayes: Benetti. Lazaneo. Nathanson. Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 Councilman Lazaneo stated that he would like to have organizations limited to Cupertino. XII. NEW BUSINESS Councilman Lazaneo stated that there is a weed problem at Mandellas. 81 also at Silverado and Highway 9. City Manager stated that Ordinance takes care of this problem but that "roperty has to be posted. a resolution passed and adopted and property owners notified and it is now too late to follow this procedure to abate weeds in these locations. City Manager stated that he will talk to property owners to get their cooperation. Motion by Commissioner Benetti that Saturday, May 7. 1960 at 9:00 a.m. Ayes: Benetti, Lazaneo. Nathanson. Nays: None Absent: None Motion Carried: 5-0 Meeting adjourned at 12:03 a,m. Tuesday. May 3. 1960, meeting be adjourned Seconded by Lazaneo. Saich. Pelosi until APPROVED: f:~ I~ <cl ""C- City Clerk