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CC 06-20-60 tOrt}; ~ ~ ~ ... . P. O. Box 597 Al_2_4505 C I T Y OF CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR YiliETING OF THE CITY COUNCIL JUNE 20, 1960 Place: Time: 10321 South Saratoga-Sunnyvale Road 8:10 p.m. II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Benetti, Lazaneo, Saich, Pelosi Nathanson City Manager, City Attorney, City Engineer, City Clerk pro tern III. MINUTES OF MEETING of June 6. 1960 were corrected as follows: Page 13, paragraph 3, "and Wolfe Road interchange" should be added to read, "City Engineer recommended that the Council review the importance of the Mary Avenue grade separation and Wolfe Road interchange and authoriz,e the City Manager to take whatever steps are necessary to proceed to the Highway Commission"; Motion following by Councilman Saich should also include "and Wolfe Road interchange; Page 6, motion by Couúcilman Saich should read, ". . . that tentative Map, Ward Crump, be returned to the Planning Commission and City Engineer for further study to determine if Mariani and Merritt, if extended, would cut any Camarda, Saich or Kucher property. MINUTES OF MEETING June 10, 1960, page 2, paragraph 7, the wor~ "State" should be substituted for "City" in last line of para- graph. Motion by Councilman Lazaneo that Minutes be approved as corrected. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 IV. PUBLIC HEARINGS A. Appeal: Sam Fox application for Use Permit, gas station SW corner Kirwin and Highway 9. Mayor asked if there were protests regarding application. There were none. Mr. Lee Kubby, Borello Building, Sunnyvale, attorney representing Sam Fox, referred to protest filed by property owners, stating that petition indicated that property was originally single family, however, it is his understanding that property was zoned, in the County, R-3-H. Petitioners contend that owner, a Mr. Bayliss, applied for and received C_I_H zoning in November, 1958, and that owner agreed that proDerty would be used only for real estate or insurance office. Mr. Kubby stated that records do not show that use was limited. In reply to protestants opinion that more traffic would result when Kirwin is opened up, Mr. Kubby pointed out that service would be from Highway 9 and existence of service station will not divert traffic. Since protest stated that a large commer- cial development would be desired in area, Mr, Kubby stated that owner is not a large developer, that gas station is only logical use for this property and that pro~erty behind and immediately adjacent to property in r.uestion is zoned R-3 which serves as a buffer between commercial and R-l. Mr. Kubby circulated architects drawing of proposed station and stated that Hancock Oil Company is proposing develonment. Mr. Kubby quoted comments of Assistant City Engineer in regard to plans submitted to his office for this type of development. The question of the Planning Commission was development on 95' depth. The particular development of this lot is within that permitted for all C-l uses without the requirement of a use permit. ~~. Kubby requested that the Council and the Commission permit this use in the area since it is the use contem- plated for C_l, plans provide ingress and egress and meet all requirements architectural-wise and because the City will realize tax money from people who do not live in the City. Mayor stated that in July, 1959, Ordinance 002(a) was enacted which '-I .~,.~~ 101 ,'.... stated that all gas stations shall require use permits regardless or the zoning. Councilman Lazaneo asked opinion of City Engineer. City Engineer stated comments of Assistant City Engineer related to the ingress and egress to the property and had nothing to do with the use of the property. Councilman Saich asked about the storm drain ditch. City Engineer stated that ditch runs across the front and his recommendation is to either replace the ditch with a pipe the entire length of the property or to leave the ditch but put in full roadway improvements and to supply a culvert for the entrance. Mr. Kubby stated that the developer is in agree- ment with the improvements and the temporary culvert. Councilman Benetti stated that commercial development along Highway 9 is not sufficient reason to have a gas station on each corner. Mr. Kubby pointed out that there are three service stations between Stevens Creek and Prospect and with the traffic on Highway 9 going to Saratoga and Santa Cruz, it is natural to have more service stations. Mayor stated that this property had never been commercial. The original application had been lost and the real estate office was operating without a use permit. The owner requested relief from the situation and the Planning Commission stated thot property could be used for real estate office becuase of the 95' depth. Motion by Councilman Saich that City Council accept recommendation of the Planning Commission and deny application, Sarn Fox, Use Permit. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 V. ORDINANCES AND RESOLU'T'IONS FOR AIXJPTION 1. Ordinance 130 relating to obstruction of streets and highways and prescribing penalties for violations thereof. First reading. Reading Ordinance 130 was postponed for two weeks. 2. Ordinance 131 rezoning property of Martin Brothers from R_l:B_2 to R_l, second reading, Motion by Councilman Lazaneo that second reading of Ordinance be by title only. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nay s: None Absent: Nathanson Motion Carried: 4-0 City Nanager read title, Ordinance 131. Motion by Councilman Benetti that Ordinance 131 be enacted, Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 3. Ordinance 133 rezoning land of Page Property from R_l:B_2 to R-l, second reading. Motion by Councilman Benetti that second reading of Ordinance 133 be by title only. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 City Manager read title, Ordinance 133. Motion by Councilman Benetti that Ordinance 133 be enacted. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 4. Ordinance 134 anproving the annexation of Certain contiguous uninhabited territory designated Stevens Creek No.5. first read- ing. City Manager read Ordinance 134. 102 5. Ordinance 135 reclassifying a certain portion of the City from R-l:B_2 to R-l (Ward Crump)first reading. ... ~ o - ~ Mayor read Ordinance 135. 6. Ordinance 136 reclassifying a certain portion of the City from R-l:B_2 to R-3-H (Nick Lazaneo), first reading. City ~Œnager read Ordinance 136. VI, PLANNING COMMISSION ACTIONS REQUIRING COUNCIL ACTION None VII. PAYING BILLS Councilman Lazaneo read title, Resolution 330. Motion by Councilman Saich that Resolution No. 330, allowing certain claims and demands in the sum of $1,556.79, demand Nos. 1462 through 1468, plus Water Department claims and demands in the sum of $524.04, dernand Nos. 101 through 103, be adopted. Seconded by Lazaneo. AJes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Councilman Lazaneo read title, Resolution 331. Motion by Coµncilman Benetti that Resolution 331, allowing certain claims and demands in the sum of $41,322.57, demand Nos. 1469 through 1491, 1501, 1502, plus Water Department claims and demands in the sum of $1,623.90, demand Nos. 104 through 115, be adopted. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 VIII. PROTESTS AND WRITTEN CO'MUNICATIONS Mayor asked if there were oral protests from the audience. there were none. 1. Letter from Board of Supervisors, June 9, 1960 advising of resignation of Mr. Roy A. Terrel from the Board of Library Commissioners. Mayor requested Councilmen to give consideration to replacement to fill vacancy created on Libfary Commission Board. The name, or list of names, should be submitted to the Board of Supervisors by July 1st. 2, Letter from Dr. Salera regarding placement of planter boxes in various places within the City. Mayor suggested that this be referred to the Planning Co mmission. 3.Notice of meeting of Civil Defense Directors, June 22, 1960, Mayor suggested that a letter be written to the newspapers requesting that interested persons apply for position of Director of Civil Defense. 4. Notice of meeting of the Inter-City Council, July 7, 1960, 7:30 p.m. at the Adobe Creek Lodge. Mayor requested that reser- vations be made for Councilmen and Chairman of the Planning Commission. 5. Brochure "PLANS" announcing eight-week course for Planning Commissioners beginning October, 1960, Mayor directed that this be brought to the attention of the Planning Commissioners. IX. REPO'tTS OF OFFICERS AND COVMI,,'IONERS A. Councilman Saich stated thct cost information figures for improvements on Mountain View-Stevens Creek Road should be pre_ pared for submission to the July 13th meeting of the Traffic_ ways Committee. City Manager reported that the Trafficways Committee wants a tentative program prepared by the various cities advisi~ them what cities will do with their share of money, The $265,000, City Manager stated, should be confined to Stevens Creek. Councilman Saich asked if ~200.00 would do the job. City Engineer replied that it would. , ¡ 103 Motion by Councilman Saich that City 1ngineer be authorized to prepare tent2tive estimate on cost of road improvements on Stevens Creek Road for the meeting of Trafficways Committee, July 1), 1960. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 City Engineer stated that estimate will be ready for Council meeting July 5, 1960. B. Motion by Councilman Benetti that City Attorney be instructed to prepare Resolution establishing stop sirn points in the Idle- wild Tract as per reco~mend2tions of Sheriff's Department. Seconded oy Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 C. Councilman Lazaneo reported that he received notice of Sani- tary District meeting which he attended, The Sanitary Board will send to the Council and the Planning Co mmission their ordinances concerning sanitary sewers within the City and within the Cuper- tino Sanitary District. The City Engineer will call a meeting of the Planning Commission to brief Commissioners on procedures of the Sanitary District. D. Motion by Councilman Benetti, that ~~. Glen Atkinson be appointed ex-officio member of the Recreation Commission, in accordance with Minutes of the Recreation Commission, June 8, 1960. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 Councilman Benetti suggested that a letter be written to Mr. Atkinson advising him of appointment. Motion by Councilman Benetti that written communications be received and filed. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 E. Councilman Lazaneo stated that he will have a full Treasurer's report for the next Council meeting. F, City Manager requested that Council recommend that placement of stop signs in subdivisions, in addition to street signs, be required of subdividers. Motion by Councilman Saich that "Stop" signs and "Not Thru Street" signs to be provided by subdividers be considered by the Planning Commission for inclusion in Planning Commission conditions. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman Lazaneo that July 4th be declared a legal holiday. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 G. City Attorney reported receipt of letter from Mayfair Market, June 16, 1960 steting that S & ¡ Green Stamp sign will be removed by Friday, June 17, 1960. City Attorney requested that letter be 104 filed with City records, I- ¡.. ~ ¡., till City Attorney reported that City of Cupertino, defendant, has returned Writ of Mandate, Writ of Certiorari and Demurrer and Answer and that hearing has been set for July 6, 1960 at 10:00 a.m. City Attorney read Resolution 332 appointing Nick J. Lazaneo to the office of Vice-Treasurer of the City of Cupertino. Motion by Councilman Saich that Resolution No. 332 be adopted. Seconded by Benetti. Ayes: Benetti, Saich, Pelosi Nays: None Abstain: Lazaneo Absent: Nathanson Motion Carried: 3-0-1 City Attorney read Resolution No. 333 granting permission to N. J. Nathanson, Councilman of the City, to absent himself from all regular City Council meetings for a period of sixty days from date. Motion by Councilman Lazaneo that Resolution No. 333 be adopted. Seconded by Saich. Ayes: Benetti, Lazaneo,Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman Lazaneo that Barbara G. Villarreal be appointed City Clerk Pro Tern and to hold office at the discre_ tion of the Council. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi NaYs: None Absent: Nathanson Mution Carried: 4-0 City Attorney reported that he has prepared an emergancy ordinance to regulate the use of trampolines within the City. He received assistance from the league of California Cities, the Los Angeles Health Department, P.T.A. and the Safety Council in Los Angeles and feels that ordinance is a fair one. Mayor suggested that matter be held over two weeks. H. Mayor stated that is is his understanding that affected areas on Crump map do not represent present neighborhood plan and that neighborhood plan will be followed with Marianni Avenue in a straight line. The matter of cancellation and denials of Planning Commission applications will be discussed by the Council and a report of findings sent to the Planning COFmission. Councilman Benetti referred to Planning Commission Minutes, June 13, 1960, page 6, regarding Mobil Oil application. He felt that the word "particularly" should be taken out of Minutes. Mayor reported that on July 7, 1958 an ordinance was passed, Ordinance No. 002(a) requiring service stations to obtain use permit regard_ less of zoning. The application of the Rousseau Organization for a gas station was received on August 10, 1959. Councilman Benetti stated that the gas station was not included in the plans submitted to the Planning Commission but that the applicant assumes that the H control was given along with the entire shopping center. Councilman Benetti felt this important since some of the Planning Commissioners and the applicant feel that H control had been granted when it had not bee~. Motion by Councilman Benetti that City ~janager be instructed to advise Planning Commission that Council takes issue with statement in Minutes regarding H. control for gas station. by Saich. Ayes: Benetti. Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 the Seconded 1. Ci ty Engineer referred to I tern 1 (9), City E.ngineer' s Report regarding final clean-up deposit, $4,300, Tract 2086, Idlewild Greens. City Manager read letter from Rousseau Organization to 1 Of".' , ....~ City Engineer requesting that City accept improvements in Tract and stating that they deposited $35,000 with the City for off- tract storm drains. They requested that this dfposit be used as a guarantee that tract will be kept clean. City Attorney questioned the legality of applying storm drain funds for final clean up. Mr. Dale Hornberger. representing Oliver Rousseau Organization, stated that he understood that $35,000 was refundable to them, and further stated that they intend a good clean-up program in tract. Mayor stated that $35,000 was placed in storm drain fund for the sole purpose of storm drains, with a reimbursement program wiU: the Rousseau Organization. He felt that it would not be legal to use this fund for clean-up. City Attorney explained that if reimbursement is due on storm drain fund and final clean-up is not made in tract, the City could not legally refuse to make reimbursement but would have to sue in order to bbtain final clean-up fee. This is so, he stated, becuase the storm drain fund is separate from any of the general funds "f the City. If there were monies in the general fund for the Rousseau Organization, theCity could t$ke clean-up deposit from that, but as far as he kno·ws, there are no monies in the general fund from the nousseau Organization. Mr. Horn- berger presented a check in the amount of $4.300.00 as a final clean-up deposit. Motion by Councilman Lazaneo that improvements, Tract 2086 Idlewild Creens, be accepted. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 City Engineer reported request of acceptance of improvements Mayfàir Shopping Center. Mayor felt that in view of the problem regarding East Estates Drive and Wolfe Road, the matter should be held up for a recommendation from the Planning Commission. City Engineer stated that acceptance of improvements will not affect East Estates Drive or wolfe Road since these improvements are on the west side of East Estates Drive, fronting the shopping center. Motion by Councilman Lazaneo that City accept improvements May- fair Shopping Center. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent; Nathanson Motion Carried: 4_0 City Engineer read Resolution No, 323 grantin~ consent to Cupertino Sanitary District of Santa Clara County with respect to Local Improvement District No.5. Motion by Councilman Saich that Resolution 323 be adopted. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nay s : None Absent: Nathanson Motion Carried: 4_0 City Engineer recommended that funds be used to complete storm drain down Highway 9 to the City Hall. City Engineer reported that the State has requested Sunnyvale, Cupertino and the County to make a decision on the road width of McClellan so that it would be the proper width when the free- way connects into it. A 60' rigLt of way waS agreed upon by the three jurisdictions, but a request has been received from San Jose for a change in width. The State is asking a Council decision in regard to a 90' width of McClellan. It was suggested that Item 4__Highway 9 Storm Drain #2, Item 5, McClellan Road width and Item 6__McClellan rtoad Storm Drain, of the City ßngineer's Report be postponed two weeKS. City Engineer was instructed to inform San Jose Planning Department that discussion on McClellan road width is delayed two weeks. lOG City Engineer stated that two new developments within the City, Sylvia Properties and Cook and Wilson, have frontage on Mountain View-Stevens Creek Road. The County desires a 90' road and City agrees with this. Developers agree to dedicate to widen Mountain View-StevensCreek to a 90' road and the problem now is the road fronting subdivisions. City Engineer stated that road fronting property should be the same width as the road coming in to the property. Developers are of opinion that Council decision was tha.t road would remain 50' but City Engineer recâlls street as a 60' stub. Mr. Charles Coburn, engineer representing Sylvia Properties, stated that at time of Planning Commission and City Council meeting, the map showing the 50' stub street was accepted, and they have prepared the final map with this in mind. He requested to maintain the 50' street but stated that Mr. Galli would go along with the wishes of the Council on a 60' street. Mr. Coburn further stated that developer should not be required to improve Mountain View-Stevens Creek Road since two of the lots back up on this road and there will be no access from them on Mountain View-Stevens Creek, Mayor stated that at time of discussion, sidewalk requirement was waived and it was requested that stub street be improved, that it be a 60' road, and the two lots backing up to the highway would be improved. Mr. Coburn stated that it was his impression, and also Mr. Galli's that this was not discussed. Councilman Lazaneo stated that same question arose regarding Cook & Wilson and that the City Manager Was to obtain opinion from Los Altos and County regarding street width. Mr. Coburn stated that County informed him lots backing road would require no improvements. Mayor stated that he was opposed to subdivision without sidewalks but that 60uncil granted approval without sidewalks and requested tha.t improvements be on Chase__60' w~dth and sidewalks. Mr. Coburn stated that Mr. Galli would prefer to give additional width and eliminate side_ walks and further, that ~æ. Galli objects to improvement of Mountain View-StevensCreek Road, Mayor suggested that this matter be referred to the Planning 60mmission for clarification. ..... ~ r-: .... t:I:I Councilmen agreed to adjourn meeting to Thursday, June 23, 1960 at 7:30 p.m. Mr. R. J. Wilson, Cook & Wilson Developers, restated the require_ ment of the County that dedication only is required and not improve_ ment of road. Mr. Wilson read letter from County setting forth their requirements; (1) dedication of land, (2) improvement of entrance with necessary acceleration and deacceleration, (3) no other improvements unless there is a specific problem, such a draining. City Manager f'ead letter from Los Altos advising of their plans for Mountain View-Stevens Creek Road. Mr. Wilson diagramed the City's requirements and stated that he felt the City is asking hirn to improve City property and not his own. He is willing to improve four lanes, build a fence, plant trees and landscape. He feels that the City's request is unreasonable and also that proposed improvements are unattractive. Mayor stated that there are 32 acres of proposed apartments, there will be recreation facilities in area and road will be higbl.y travelled, therefore, sidewalks should be provided for pedestrian traffic. Councilman Benetti stated that he would like to see a masonry walJ backing proposed development, and also that he would like to discuss matter further with City Attorney. Councilman SRich asked opinion of City Engineer. City Engineer stated that it is strictly a policy question and the Council will have to decide if these improvements are the obligation of the developer or of the City. Councilman Benetti asked Mr. Wilson if he objected to holding matter over until meeting of June 23rd. Mr. Wilson did not object, Mayor stated that rneeting will be adjourned to discuss the BUdget and suggested that this be held over two weeks, together with discussion on Galli property. Applicants will be notified of m,eting àate, 107 Motion by Councilman Benetti that meeting be adjourned. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Meeting adjourned at 10:45 p.m. Monday, ~une 20, 1960 until Thursday, June 24, 1960 a.t 7:30 p,m. APPROVED: A~ .{ O&.~ . City Clerk