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CC 05-16-60 83 1", ð, Box 597 Al-2-4505 C I T Y 0 F CU,P ER TIN 0 CUPERTINO. CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MAY 16, 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P.M. 1. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Benetti, Lazaneo, Nathanson, Saich, Pelosi None City Manager, City Attorney, Assistant City Engineer, City Clerk II. MINUTES OF MEETING OF May 2, 1960 were corrected as follows: Page 1, paragraph 2, "Bill Hoyt in place of Del Hoyt; page 4, paragraph 1 should read "Councilman Nathanson stated that 6ity may not approve particular zoning because of difficulty with sewers and water": page 5 VIII (2) Notice of claim filed from Insurance by North America, William B. Hird, for accident on Bollinger; page 6 Councilman Nathanson suggested that a skeleton procedure be set up . , . City Attorney's statement should reaa . ~ . . much of this earlier work could be salvaged to help Mr. Meyerh'clz: page 10. spelling of name should be corrected from "Laracon" to Alarcon". Minutes vere approved as correct- ed. Minutes of adjourned meeting May 7, 1960 were approved as read. III. PUBLIC HEARINGS A. Martin Brothers application to rezone 6 acres from R-l:B-2 to R-l north side of Bollinger Between Blaney and Highway 9. Mayor asked if there were written or oral protests. City Clerk reported that there were no written protests. There were no oral protests. Motion by Councilman Saich that hearing be closed, Seconded by Lazaneo. Ayes: Nathanson, Lazaneo, Benetti. Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich that City Attorney be instructed to prepare an ordinance rezoning property from R_l:B-2 to R-l, Martin Brothers, Seconded by Lazaneo, Ayes: Nathanson. Lazaneo, Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 B. Annexation Homestead 3. City Clerk reported that maps have been prepared and that notices setting time and place 'for hearing have been published and mailed. There were no written 'or oral protests. Mr. Frnak Lamantia, representing Puritan Preserves, asked how he would be effected by annexation. City Attorney answered that there would be no immediate effect upon the property other than to make available to it the services of the City-their zoning would not be effected. Mr, Lamantia stated that at some future date they plan expansion and was concerned about zoning being changed, City Attorney stated that this would be a matter for the Planning Commission but that there would be a good possibility of commercial or industrial zoning because of the proximity of the P.G. & E. substation in that area. Mr, Lamantia asked about the sewer system and was advised that annexation would have no bearing on the sewers since this is a matter for the Sanitary District and also because Puritan Preserves had already made their arrangements for sewers. Motion by Councilman Lazaneo that hearing be closed. Seconded by Saich. Ayes: Nathanson, Lazaneo, Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 C. Appeal, Mayfair Sign Permit. Mayor read letter from Mr. Newman requesting variance to retain sign. 84 Mr. Newman was not present in audience. City Attorney suggested that matter be delayed in order to give Mr, Newman an opportunity to appear. ... ÞOOOOO3 ~ .... tI; IV. ORDINANCES AND RESOLUTIONS FOR ADOPTION 1. Ordinance 125 _ Tree Ordinance. First reading. City Attorney stated that he and City Manager recommend adoption of Ordinance 125. City Clerk read Ordinance 125. Mayor made presentation of Plaques to Messrs. Meyerholz, Wilson and Craft. Other recipients were not present. Motion by Councilman Lazaneo to adopt resolution of commendation. Seconded by Benetti. Ayes: Nathanson, Lazaneo, Benetti, Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 2. Ordinance 126 - rezoning property of Neville and Pauline Woodruff from A_2:B-4 to $-3-H, Second Reading. Motion by Councilman Saich that second reading be by title only. Seconded by Lazaneo. Ayes: Nathanson, Lazaneo, Benetti. Saich, Pelosi Nays: None Absent: None Motion Carried: 5-6 Motion by Councilman Lazaneo that Ordinance 126 be enacted. Seconded qy Saich. Ayes: Nathanson, Lazaneo. Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 3. Ordinance 127 approving annexation Stelling 3-A removed from agenda. 4. Ordinance 129 extablishing speed limits on portion of Stevens Creek_ Mountain View road within City limits. First reading. City Clerk read Ordinance 129. In considering a Resolution naming a Civil Defense Director. Mayor reported that Director should be a full-time employee or a person working for the Council. Mr. Meyerholz stated that in his talks with Louis Wine, it was suggested that the Director be an employee of the City having the office at the City Hall. Mr. Meyerholz requested that the Council recon- sider his appointment as Director of Civil Defense. City Attorney reported that he had reviewed Ordinance 28 and that it is still in full force and effect. that the Ordinance provides that the Mayor shall be chairman of Civil Defence and Disaster Committee and that next step would be the passage of A resolution appointing a director and an assistant. 6. Ordinance 128 creating a City Park and Recreation Commission. City Clerk read Ordinance 128. 5. Resolution 314 appointing members to the City Recreation Commission. City Clerk read Resolution 314. Motion by Councilman Lazaneo that Resolution 314 be adopted. Seconded by Saich. Ayes: Nathanson, Lazaneo, Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 V. PAYING SILLS Motion by Councilman Saich that Resolution 315 allowing claims and de- mands in the sum of $1.563.85. demand Nos. 1409 through 1415, plus Water Department warrants in the sum of $554.62 demand Nos, 62 through 65 be approved. Seconded by Lazaneo. Ayes: Nathanson, Lazaneo, Benetti, Saich. Pelosi Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Lazaneo that Resolution 316. allowing claims and demands in the sum of $42,472.35. demand Nos. 1419 through 1429, plus Water Department expenditures in the sum of $2,924.45, demand Nos. 59,60. 61,66 through 83. be adopted. Seconded by Benetti, 85 Ayes: Nathanson. Lazaneo BenetLi, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 VI. PROTESTS AND w~ITTEN CO~~UNICATIONS Mayor asked if there were protests from the audience. There were none. 1. Letter from Sunnyvale Historical Society noting dedication of home of Martin Murphy. 2. Letter from Cupertino Women's Club to the Santa Clara County Library Commission. 3. Letter from City of Oakland regarding ¥myor's shipbuilding commit- tee. 4. Letter from Jack Lyddon requesting payment of $327.95, balance due on off_site construction costs, storm sewer work. 5. Agenda, Santa Clara County Trafficways Committee. 6. Letter from City Engineer regarding Street Deficiency Report. 7. Santa Clara County Planning Commission and Board of Zoning Adjust- ment, Agenda May 18, 1960. 8. Letter. Division of Highways, May 13, 1960 enclosing copy of resolution revising policy and procedure to be followed in allocating funds to local agencies, 9. Santa Clara Boundary Commission, notification of three annexations. 10. Letter from Paul Finch submitting name of William C. Ruttan as member of Library Commission. 11. Division of Highways statement of revenue---Cupertino's share, $6,169.29. 12. Letter from Volunteer Services @iving notice of dinner meeting May 19, 1960 13. Notice of Inter_City meeting to be held June 2, 1960 in San Jose. Motion by Councilman Benetti that communications be received and filed. Seconded by Lazaneo. Ayes: Nathanson, Lazaneo, Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 VII. REPORTS OF OFFICERS AND COMMISSIONERS. A. Councilman Saich reported that he~ll not be present at joint meeting of Council and Planning Commission on the 18th as he will be attending meeting of Trafficways Committee to be hold on the same evening. B. Councilman Nathanson reported that a traffic survey will be made in the Idelwild Tract since there have been complaints about traffic; amount received from gas tax fund, $2,000.00; Police Department collect- ion $1,776.50, Cupertino's share $1,324.26; two fire violations within City limits. C. Councilman Lazaneo reported that he will meet with Mr. Della Maggiore to go over smog control and will report at next meeting. D. Councilman Benetti stated that plans have been laid for work during the next few months and that he will make full report at next meeting. Mayor suggested that a letter be written to the School Board advising them that the City will still give its cooperation in setting up recrea- tion prøgram, a copy of letter to be sent to Mr. Atkinson. City Manager was instructed to write letter on behalf of the Council. E. Councilman Nathanson reported receipt of $2,000 from Division of Highways and notice of a beer license to Baz Touffic. F. City Manager reported that traffic signal aga~ is not working and that manufacturer has been contacted to put it in working order; that he and Director of Public Works toured the City last week and that street repair work will begin shortly; that he recommends the preparation of water system detail sheets at a cost of $200.00. Motion by Councilman Saich that City Engineer be authorized to prepare standard installation detail sheets for the water system, cost net to exceed $200.00. Seconded by Lazaneo. Ayes: Nathanson, Lazaneo, Benetti, Saich, Pelosi Nays: None Absent: None Motion Carried: 5-0 86 ¡..- ~ ~ "'"" == City Manager reported that notice approving sale of fireworks has been sent to the Lions Club and to the local American Legion Chapter. They have been asked to notify the City of the location of stands. No other organizations have made application to date. City Manager suggested setting up coñditions of sale in an ordinance. City Manager reported that, in matter of weed abatement, all property owners have been notified. G. City Attorney's report has been concluded. H. Assistant City Engineer reported a meeting with Messrs. Rodrigues, Anderson and Fleming. Assistant City Engineer read report on Rodrigues property located on Highway 9. City Attorney reported that Mr. Rod_ rigues does not want to improve his entire street frontage but he does have to meet the requirements of the City on his building lot. The Council will have to determine the amount it will be willing to allocate to improve the City Street, Assistant City Engineer stated that Mr. Rodrigues raised the question of the possibility of the State solving this problem. City Attorney felt that City could not wait for such a possibility and that this matter was not discussed during meeting. City Attorney stated that there is no obligation on the part of the Council and no obligation on the part of Mr. Rodrigues to improve any- thing other than the lot on which he wants to build. Assistant City Engineer's recommendation is that storm drain line be made prior to street improvements and that dedication of 25' back to Mr. Rodrigues be made. Mayor asked why hardware store was excluded. City Attorney replied that applicant realized that building would 8Ventually be razed and he is not in position to undertake this at present time. Discussion was postponed two weeks for further study. Councilman Lazaneo left meeting at 10:10 P.M. Assistant City Engineer posted map, R-3 development, Wilson and Cook and read report and recommendation. Mr. R. J. Wilson, developer, stated that a small portion, the entrance, to Unit No. 1 is situated on Mountain View_Stevens Creek Road and asked what requirements will be for this section of raod. It was felt that this should be deferred for further study but that final map could be approved. Motion Qy Councilman Saich that Resolution No. 318 approving final map of Tract No. 2527, La Cresta. accepting certain drives, courts, avenues, ways and rQads; authorizing the City Engineer and the City Clerk to sign the final map and authorizing the agreement in connection therewith, be adopted. Seconded by Benetti. Ayes: Nathanson, Benetti, Saich, Pelosi Nays: None Absent: Lazaneo Motion Carried: 4-0 On matter of Felton Park Improvement Association, City Attorney stated that Council may act as a hearing body for the owners if they wish to form an assessment district, Owners are requesting a commitment at to whether'the City wants to contribute to the assessment district and how much the City would contribute. Councilman Saich suggested that City Manager and City Engineer prepare cost information for homewwners. Mayor asked Ass stant City Engineer how much report and a sketch would cost. Assistant City Engineer felt $50.00 would cover cost. Motion Qy Councilman Benetti that City prepare plans and sketch for Felton Park Improvement Association. Councilman Nathanson felt that City should not become involved in assess- ment district and that Improvement Association should prepare its own sketches. City Manager stated usual practice is that homeowners presemm a petition to the Council requesting that proceedings be started to set up an assessment district. Prior to that they have to have some engineer- ing information as to cost. This preliminary step is taken Qy the City and the City keeps a check of the costs and when assessment district is formed, the City is reimbursed. City Attorney stated that preliminary expeBses may be advanced Qy minute order providing that City be reimbursed out of assessment district. The records should show that the City has advanced money and that the money will be paid back. Motion by Councilman Benetti that City Engineer be authorized to prepare requested sketches and estimates for distribution to the Felton Park 87 residents and that money advanced Qy City will be reimbursed when assessment district is formed. Seconded by Saich. Councilman Nathanson amended motion to state that cost of engineering sketch not exceed $50.00. Ayes: Nathanson, Benetti, Saich, Pelosi Nays: None Absent: Lazaneo Motion Carried: 4-0 Assistant City Engineer reported that Mr. Hopkins, Burger Pit, had been contacted and that he will contact other property owners in area to see if they are willing to start an assessment district. VIII. UNFINISHED BUSINESS Mr. Newman did not appear regarding variance, Mayfair Market sign. Motion by Councilman Benetti that appeal, Sign Ordinance, Mayfair Market be denied. Seconded by Saich. Ayes: Nathanson, Benetti, Saich, Pelosi Nays: None Absent: Lazaneo Motion Carried: 4-0 IX. NEW BUSINESS _ None Motion Qy Councilman Saich that meeting be adjourned. Seconded by Nathanson. Ayes: Nathanson, Benetti, Saich, Pelosi Nays: None Absent: Lazaneo Motion Carried: 4-0 Meeting adjourned at 10:45, Monday May 16, 1960. APPROVED: ~~ pJcv' A EST: ~ ity Clerk I;(.~~