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CC 07-05-60 112 ~ ÞOOO3 t:: .. tI: Al-2-4505 P. O. Box 597 C I T Y OF CUP E R T I CUPERTIf;O, CALIFOR1\IA N 0 MINUTES OF THF REGULAR MEETING OF THE CITY COUNCIL JULY 5. 1960 Pláèe: Time: 10321 South Saratoga_Sunnyvale Road 8:00 p.m. II. ROLL CALL Councilmen Present: Councilmen 'Absent: Others Present: Benetti, Lazaneo, Saich, Pelosi Nathanson City Manager, City Engineer, City Clerk III. MINUTES OF MEETING of June 20, 1960 were corrected as follows: Page 5, IX. line 2 should read. ". . . figures for improvements on Stevens Creek Blvd. should be prepared for submission to the July 13th meeting of the Trafficways COTImlittee." Bage 5, paragraph 1, should read, "The $21+5,000, City Manager stated, should be confined to (1) Stevens Creek Road. (2) Stellini' or Wolfe Road." Page 7, paragraph 4, Councilman Benetti felt that statement regarding receipt of Rousseau application for use permit for gas station sho .ld be deleted since an application was never made. City Clerk stated that until the last month or two an application had not been received, that Mobil Oil summitted plans but an application was not submitted. Page 2, paragraph 3, Cit;, Engi.neer clarified statement to read, "City Engineer stated that the width of ~iountain View_Stevens Creek Road should be the same tLe entire length of the subdivision rather than just at the entrances to the subdivision--that the road fronting the property should be the same width at the entrance roads leading into the development". MINUTES r~ETING June 23, 1960. Amount of ~30,OOO.00 in Council BUdget should be corrected to $3.000.00. In Street Lights and Traffic Signals Budget, it was requested that pemultimate sentence read, ". . .the amount of $2,500.00 submitted for traffic signals be increased to $7,000.00 ~ covered by the 19fO-6l Budget. Motion by Councilman Saich that the Minutes be apprvoed as corrected. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 Councilman Benetti wished to r~state that any money of the $6,000.00 not spent will automatically go into the recreation fund and not revert to the general fund. City Manager stated that Council encumbered $1,750 and that any~hing remaining at the conclusion of the budget year will go into recreation fund by Council direction. IV. ORDINANCES A1\D RESOLUTIONS FOR ADCPTION 1. City Manager reported that P. G. & E. has requested a delay in reading of Ordinance 130. Motion by Councilman Lazaneo that reading of Ordinance 130 be delayed two weeks. Seconded by Saich. Ayes: Benetti, Lazaneo, Saict, Pelosi Na~ys: None Absent: Nathanson Motion Carried: 4-0 Hr. H. C. vleavill, representing L G. & E. stated that he appreciated the delay and asked if the Council wished to designate a person wit!. whom he could discuss possible ahanges. ~~yor replied that this matter could be nadled through the City Manager. City ì',anager notified hr. "eavill that next meeting will be July 18, and if there are no amendments at that time, the Grdinance will have the first reading. 2. Motion by Co~ncilman Benetti that second reading of Ordinance 1}4 aDproving the annexation of certain contiguoUS uninha0ited territory desig- nated Stevens Creek No.5 be oy title only. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, SaicL, Felosi Nays: ì~one Absent: Nathanson Motion carried: 4_0 113 Motion by Councilman Benetti that Ordinance 134 be enacted. Seconded by Saich. Ayes: BenEtti, Lazaneo. Saicb, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 3. Motion by Councilman Lazaneo thêt second reading of Ordinance No. 135 reclassifying a certain portion of the City from R_l:B_2 to R-l Ward Crump be by title only. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich. Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman S2Ìch that Ordinance 135 be enacted. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 4. Motion by Councilman Benetti that second reading of Ordinance 136 re- classifying a certain portion of the City from R_l:B_; to R-3-H, Nick Lazaneo, be by title only. Seconded by Saich. Ayes: Benetti, Saich, Pelosi Nays: None Abstain: Lazaneo Absent: Nathanson Motion Carried: 3-0-1 Motion by Councilman Saich that Ordinance 136 be enacted. Seconded by Pelosi, Ayes: Saich, Pelosi Nays: Benetti Abstain: Lazaneo Absent:; Nathanson Motion Carried: 2_1_1 V. PLANNINC CO"MISSION ACTIONS REQUlRHG CCU;~CIL ACTION 1. Ward Crump revised map for properties of Forest nomes. Mayor read City Engineer's report, Item 6, relating to Crump map. City Engineer stated that there had not been sufficient time to have his approval in writing, but that proposed map is improvement over original map because the streets line up and access to the nroDerty to the north is provided. There are some minor details, he stated, which can be worked out on the final map when it comes before the Council. One detail is that some of the lots are not 7,500 sq. ft. Ward Crump, developer, stated that it is his intention that all lots will be 7,500 sq. ft., and if a lesser square footage is shown on map, they will be brought un to City standard. Mayor stated that in relation to the street pattern running north and south into the other subdivisions, he saw a map plan that put Portal Ave. on the west side of this boundary. City Engineer stated that Portal Avenue can wiggle to the west to provide two north-west streets and that he has no objection to this as long as the traffic can get to the streets. The present map, City Engineer stated, satisfied property owners to the north and also satisfied the City requirement for access. Motion by Councilman Saich that Tentative Map ~o. 2037, Ward Crump, dated July 1, 1960, be adopted subject to engineering changes and to normal development conditions. Seconded by Lazaneo. Ayes: Benetti, Lazaneo~ Saich Nays: None Abstain: Pelosi Absent: Nathanson Motion Carried: 3-0-1 2. E. F. benson Construction, tentative ¥~p, 24 lots west side of Miller Ave. adjoining Calabazas Creek, 10.000 sq. ft. lots. l'iayor read Engineer's report and recommendation stating that he had no obj. ction to map submitted and that map does provide for the extension of Wolfe Road. Mayor requested that Neighborhood plans be posted 114 in Council Chambers. ¡V]ayor felt that with Wolfe Road extension under discussion, matter should be deferred until location of Wolfe Road is determined. ~ i-3 o ... tI: Councilman "aich asked if this particular piece of property would effect Wolfe Road. City Engineer stated that if Council realigns Wolfe Road as sho\m on Exhibit A, which was submitted for discussion of gas station corner East Estates Drive and Stevens Creek, the property may be affected. Councilman Benetti asked if neighborhood plan had been adopted. City Engineer stated that none of the neighborhood plans have been adopted. Councilman Sa.ich asked ]V;r. Roberts if he would agree to a two week delay. Mr. L. F. Roberts, 13775 Calle Tacula Drive, Saratoga, stated that in preparing map, they have followed the neighborhood plan and the road plan in the general area. It was his understandin[ that Wolfe Road would develop where it runs into his property. He further stcted that in order to get construction underway, they decided to have 10,000 so. ft. lots. The two week delay would definitely hurt, and he had not anitcipated a delay since the map was studied by the Planning Commission and the Engineer recommended approval. Mayor felt that further study of the extension of Wolfe Road would have to be ma.e by the Council before decision could be reached. Ì'Ìayor stated that this will be held over for a work session July 8, 1)60. A ì'ir. Lloyd asked if a subdivision with Wolfe Ro,.d leading into it is on record. Ì'Ìayor answfTed in the negative. ]V1ayor requested thé1t all material concerning Wolfe Road be ready for Councilman at Friday meeting. VI. PAYING BILLS Councilman Lazaneo read title Resolution Nol 334. Motion by Councilman Saich that Resolution No. 334 allowing certain claims and demands in the sum of $2,477.84, demand numbers 1492 ¡through 1500 plus Water Department claims and demands in the sum of $587.02, demand mumbers 116 through 119, be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 Councilman Lazaneo re"d title, Resolution No. 335. Motion by Councilman Saich that Resolution No. 335, allowing certain demands in the sum of $5,511.38, demand numbers 1504 through 1513, plus Water Department claims and demands in the sum of $13,919.29, demand numbers 121 through 130 be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 VII. PRCTESTS AND WRIT "EN ce;¡'j¡,mÜCATIONS Mr. Paul Finch, President, Idlewild Homeowners Association stated that he attended meeting in order to present views of homeo.mers on extension of Wolfe Road. Mayor advised Mr. Finch that Wolfe road would be discussed at meeting July 8th. 1. Appeal from George Yamaoka, Planning Commission denial of use permit for gas station corner Portal Ave. and Stevens Creek, hr. Yamaoka was not present at meeting. l',atter held over to next meeting and City Clerk was instructed to notify Jilr. Yamaoka th;;t appeal will be heard at next meeting and that if he is not present. Council will concur with decision of Planning Commission. <. Lette,'s from Paul Fñmch, President, Idlewild Homeowners Association, June 23, 1960, regardihg solicitors. hayor read letter. City Manager stated that he felt that City should have an ordinance controlling soli- citors and alos, solicitors who offer to paint house numbers on curbs. City Manéger stated that curb is public property and numbering should be done under the jurisdicition of the Council. City Manager ,ñll request ordin- ances from the League of California Cities that will control solicitors. Councilman Benetti sUfgested that homeowners might ward off solicitors by requestinf them to show their City business license. 3. From Howa.rd Campen, County Fxecutive regarding Sheriff's DeDart. services. I.. Statement fr,.m Robert Jordan regardinf plan check Hayfair addition. 5. Econolite Corporation st: tement relative to repair of traffic signal. 6. Notice from Boundary Commission of annexation to Sunnyvale. 115 7. Letter from International Conference of building Inspectors requesting presence of building inspector at conference to be held in Corado Springs. 8. From City Engineer to Planninp- Commission offerinf to brief Commissioners on functions of Sanitðry District. Motion by Councilman Benetti that correspondence be received and filed. Seconded by Lazaneo. Ayes: Benetti, Saich, La'aneo, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 VIII. REPORTS OF OFFICERS AtìD CO:.1MISSIOJìERS A. No report B. City Manager reported tLot he is going over a schedule for police pro- tection with the Sheriff's Department. C. Councilman Lazaneo stated that he will attend Sanitðry Listrict meeting July 6, 1;/60 and will report back to Council. D. Councilman Benetti stated U:;;t Hr. Stevens of the High School District has submitted an agreement to be reviewed by theCity Attorney. He requested the Mayor to attend the Recreation Commission meeting July 6, 1960. Councilman Benetti requested tt2t binders be ordered for Commissioners. City Manager stated that this had been taken Care of. Councilman Benetti stated that [val of COID:nmission is to work out the development of a play- ground each year at a different scLool. 1. Councilman Lazaneo reported rcceJpt for :;;1),354.40 for payment of Sheriff's Depat. i'or law enforecement í'or six m,cnths endinc 6/30/60; letter from FirEt National bani, statement of $981.79 in time deposit and storm drain fund; $40,000 under time depoist open account, $10,039 unòer open account agreement; Corte hadera improvement b:mds given to City Lana[',er for routing to City Attorney. F. City Manafer requested a requisition for a new typewriter. Motion by Councilman Saich that City }i)anager be authrozied to purchase a typewriter. not to exceed $500.00. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 G. City Attorney absent H. No Report I. Mayor requested that City Engineer's report be received a day in advance of the meeting. City Engineer stated that he will try to have them mailed out Friday before each meeting, however, he requested more time to do work assigned. City Engineer asked that $15,000.00 be apDroved for storm drain on Highway 9. City Mana¡,er stated, in regard to Highway 9 storm drain, , that plans anò srecifications shoè!ld be rrepared and discussed for this project and be ready when funds are aVailable. Motion by Councilman Lazaneo that City Engineer be authorized to draw up plans and specifications for Storm Drain No. 2 from the existing on Highway 9 to the City Hall. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None A bsen t : ì,a than son ~otion Carried: 4_0 City Engineer reviewed agreement between the County, San Jose, and Cuper_ tino regarding 60' width of McClellan and stated tLat San Jose has now requested that hcClellan be 90' and is asking an opinion from other juris_ dictions involved in order to present their proposal to the State. Council_ man Saich felt that width should remain 60'. Mayor pointed out that some time ago there were protests from property owners on McClellan to a 70' street width and then the Council decided to make Uie street 60'. Motion by Councilman Saich that the County and the City of San Jose be notified that the City will stand on the 60' width of McClellan Road. City Engineer stated tLat this Was an inquiry and trat San Jose wished to be informed by letter of Cupertino's stand. Councilman Said; withdrew motion. In regard to McClellan Storm Drain, City 1ngineer stated ttat there are three programs indicating the degree of participation which the City will take in tf:is construction. City Lngineer will submit report at July 8th meeting. City Engineer referred to his report in regard to Stevens Creek Blvd. improvements. Section A provides for full improvements at a cost of 116 ~ 1-3 o ... tIC $990,000 which does not include rights of way costs; Section B, at a cost of $560,000, eliminates curbs, gutters, sidewalks which will be put in by property owners fronting street; Section C at a cost of $G70,OOO provides for resurfacing of service road, planter strip in center which will divide road; Section D, at a cost of $305,000 shows minimum imcrovements which would provide for six lanes ,1' traffic, curb, cutter and sidewplk. Councilman Saich asked if these plans would fit into the Trafficways plan, City Engineer answered that they all would fit into Trafficways pattern-- that his report gives Council idea of minimum and maximum costs for improvements. City Engineer read Resolution No. 339, a resolution of the City Council of the City of Cupertino adorting City of CUT'ertino à.andard details. Motion by Councilman Lazaneo that Resolution No. 339 be adocted. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 City Engineer stated that developer of Pringlewood, Mr. Calli, has signed standard agreement and has deposited money for plan checking, storm drain- age and has posted necessary bonds. The problem now is the improvements to be requieed on hountain View_Stevens Creek. Hr. Charls Coburn, engineer for the Calli property, reported that it was his impression that the Planning Commission waS uncertain as to how much they wanted in the way of improvements but he felt that they would require full improvements. At the last Planning Commission meeting a committee of three was appointed to consider this matter in greater detail and it was tentatively agreed behmen Calli and Cook and 'tiilson that if they did sign agreements with the City, they would put in improvements and if at some later date, when the Council decided "chat they wanted, they would then put in other improvements. Mr. Coburn requested arproval of sub- division at present meeting. City I"anager stated that Hr. Cook and I"r. Coburn agreed that they were under agreement to improve Mountain View- Stevens Creek in accordance with Council wishes, however, Council wishes have not been determined. Councilman Lazaneo was in favor of annroving map since bonds have been posted and they agreed to make improvements. Mr. Coburn stated that Mr. Galli wishes to cooperate in every way possible, however, he would like to see some improvements cut down if possible. Mayor was concerned about setting a prescedent and felt that decision should be delayed until receipt of Planning Commission findings. Mr. Coburn stated that agreement includes improvements the entire lengtb of their half of the property and includes tbe cost of all improvements. Councilman Lazaneo felt Council could approve map, since it waS not likely tbat Planning Commission would come back "lith greater requirements. City Engineer read standard resolution approving Tract 1946, Pringle',¡ood. Motion by Councilman Saich that Resolution 340 ae adopted. Seconded by Lazaneo. ¡i~,yor asked City t.ngincer if applicant could be obligated to build a brick wall sbould the Flanning Commission request it. City Engineer answered thét they could not since tr.is is not one of tLe conditions of the agree- ment. Councilman Benetti felt that Mr. Galli would be willing to install a bricK wall. hr. Coburn did not have this understanding and further stated that Cook and Wilson map had been approved without fence requirement. Councilman Benetti wished to discuss this matter with City Attorney and asked if discussion could be held over until guly 8. Councilman Benetti would like to have the opinion of Cook and Wilson in regard to masonry wall. Mr. Coburn stated that Los Altos required,a fence but not a birck wall. City Manager reported that information be received from Los Altos City Engineer waS that a masonry wall waS required. Mr. Coburn stated that they now have two developments in Los Altos and that a masonry wall was not one of the requirements. Councilman Lazaneo stated that Cook and Wilson maps bave been recorded. and as far as a masonry wall is concerned, that is now up to the developer. Their previous discussions were in regard to sidewalks and full improvements on a 90' street. Councilman Saich withdrew motion. Councilman Lazaneo withdrew second. 117 Discussion was put off untiJ July 8th mtet lng and City En¡Üneer was to confer with Cook and Wilson and ask them to be present at meeting. X. NEW BUSINESS A. Agreement City of Cunertino and Santa Clara County re law and traffic enforeement services. City Manager stated that this has been appropriated in 1960-61 Budget. Motion by Councilman Benetti that ~ayor and City Clerk be authorized to sign agreement with Santa Clara County re police protection. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 6ity Clerk read Ordinance 78(b) amending Ordinance 78. City Clerk read Ordinance 137 orderinR stop signs to be placed on roads intersecting with East Estates Drive and La ~ar Drive. City Clerk read Resolution 336 adonting budget and approving Memorandum of Agreement for expenditure of gas tax allocation for majœ' City streets. !'lotion by Councilman Saich that rtesolution 336 be adopted. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: ~athanson Motion Carried: 4-0 City Clerk read Resolution 337 requesting and petitioning the board of SUf·ervisors of Santa Clara County to annex to the City of Cupertino certain real prm'erty OImed by the l.ity. Motion by Councilman Lazaneo that itesdution '::37 be adorted. Seconded trj Saich. Ayes: Benetti, ~azaneo, Saich, Pelosi Nays: None Absent: "athanson Motion Carried: 4-0 City Clerk read Resolution 338 appointing J. Glen Atkinson as member ex- officio of the Recreation Commission of the City of Cupertino. Motion by Councilman Benetti that Resolution 338 be adopted. Seconded by Saich. Ayes: Benetti, ~azaneo, Saich, :e]osi Nays: None Absent: Nathanson Motion Carried: 4_0 Councilman Benetti stated that a review of the Rousseau application was to be made by the Council. City Clerk stated that on August 10, 1959 architectural and site control was given to the shopping center, 3.78 acres, East Estates Dr've and Stevens Creek Road. Ordinance No. 65, October 1958 rezoned this property but the rEcords do not show that application was made for a use permit nor that use permit had ever been granted for gas station. Plans for the gas station were actually presented February 15, 1960. ·"hen H. control was riven it was on the basis of a diagram for the entire shopping center-- a gas station was indicated on the map but there were no building plans. When plans wec'e submitted it WaS then seen that building plan ccmflicted wit[, \o,olfe Road. Councilman Benetti expressed concern regarding use of fire works and requested that an or;;inance protibiting tbe sale and use of fireworks be placed on agenda in the future. Meeting adjounred at 10:40 p.m., Tuesday, July 5, 1960 until Friday, July 8, 1960 at 8:00 p.m. At~ ,¡(. w.~' Ci t.. Clerk