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CC 07-18-60 123 P. a.Box 597 Al-2-4505 C I T Y OF CUP E R TIN 0 CUPERTINO, CALIFORNIA t-:INUTES OF THE RECULAR HEETING OF THE CITY COUNCIL JULY 18, 1960 Place: Time: 10321 South Saratoga-Sunnyvale Road 8:00 p.m. II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Benetti, Lazaneo, Pelosi Saich, ).athanson City hanager, City Attorney, City Jonfineer, City Clerk III. HINUTES OF hEETI!\G, July 5, 1960: Councilman Benetti stated that he had not r~ceived copy of Minutes and requested that reading of Minutes be held over. Motion by Councilman Benetti that reading of ~inutes of heeting July 5, 1960, be held over until next regular meeting. Seconded oy Lazaneo. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Motion Carried: ;_0 IV. ORDINANCES AND jlliSOLUTIONS FBR ADOPTION 1. Ordinance 130 Motion by Councilman Lazaneo that second reeding of Ordinance 130 be given at next regular meeting. Seconded by Benetti. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saierl, Nathanson Motion Carried: 3-0 2. Ordinance 138 approvin¡' the annexation of certain contiguous inhab- ited territory designated Homestead 3. First reading. City Clerk stated that he had examined the ballots and the report of the Election Board and found that the count was 12 ayes, 1 no cast on the proposition Homestead 3 to be annexed to the Cit;)'. Motion by Councilman Benetti that Canvass of the ballots be acproved. Seconded oy Lazaneo. Ayes: Benetti, Lazaneo, Pelosi Nays: J\one Absent: Saich, ¡;athanson Motion Carried: 3-0 City Clerk read Ordinance No. 138 Councilman Lazaneo asked hO>T soon after second reading would annexation be finalized. City Attorney answered that it would be 30 days. 3. Ordinance 139 regulating maintenance and location of swimrrüng pDols. City Attorney requested that Ordinance 139 and Ordinance 002(a) Revised be held over pending report back to the Council. Motion by Councilman Benetti that Items 3 and 4 on agenda, ordinance 139 and Ordinance 002(a) revised be held over to thenext regular meeting of the City Council. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Motion Carried: 3-0. 5. City Attorney read Resolution No. 345 apDroving Planning Commission Resolution No. 15 and ador,ting official forms of resolution as referred to herein and ado,tinf standard form of Council resolution granting variances. Motion by Counc',lman Lazaneo that Resolution 345 be adocted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Hotion Carried: 3-0 124 ~ ~ o ..... ~ 6. Resolution No. 340 approvinf Item deferred until next regular plans of Tract 1946, Prinflewood, Council meeti ng, August, 1 1960. 7. Resolution 343, Agreement for law enforcement services. City Manager stated that upon Council direction, agreement was referred to City Attorney. Tn checking agreement City Attorney raised question in Paraf'raph 3 Fhich stated thct members of the Sheriff's Department will be City employees when making arrests. City Attorney felt that this would make the City liable for an action of an officer ,chich might be contrary to official procedure. City Manager checked Hith County Manager's office regarding insurance for false arrest and he referred him to a Mr. Frank Thomas, Insurance Office for the County. Mr. Thomas informed City í'lanager that the County does not have insurance for false arrest. City City of CUDertino does not have this type of coverage. City "~nager stated that tLis is a standard form of Agreement that the County has sent to all of the cities. he feels that agreement should be approved and he is having insurance a[ent check for insurance of this type and will make a report at next Council meeting. Arproval of Resolution 343 deferred until next regular meeting. City Attorney stated that he raised the point in order Uat the Council would be aware of the f;,ct that the co '"tract had been changed to create the possi- bility of liability on the City, however, he did agree that when officers are making arrests that they would be employees of the City since they would be performing a City function. City Attorney also stated that difficulty might arise if Resolution is not adopted. He suggested passing Resolution and checking later. for insurance. City Attorney read Resolution 343. ~¡otion by Councilman Lazaneo that Resolution 343 be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Motion Carried: 3-0 V. PLAtmING CO~~ISS' ON ACTIONS REQUIRI!\G COUNCIL ACTJON A. Planning Commission reDort re Mountain View-Stevens Creek Road. Mayor stated that a study session, reviews and changes were made on Mountain View_ Stevens Creek Road and that Mr. Coburn and Messrs. Wilson and Cook requested that this matter be deferred until August 1, 1960. VI. PAYING BILLS Councilman Lazaneo read title, Resolution 341 allowing certain claims and demands in the sum of $1,433.70, demand numbers 1514 throug 1519, plus Water Department claims end demands in the sum of $524.04, demand numbers 131 through 133. Notion by Councilman Benetti that itesolution 341 be adopted. Seconded b, Lazaneo. Ayes: Benetti, Lazaneo, Pelosi t\ay E:: None Absent: Saich, t\athanson Motion Carried: 3-0 Councilman Lazaneo read title, Resolution No. 342 allowing certain claims and demands in the sum of iÿl,774.)4, deman numbers 1520 through 1535 plus Water Department claims and demands in the sum of 4>1,992.72, demand numbers 134 through 143. JIlotion by Councilman Benetti that Resolution 342 be adoDted. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Motion Carried: 3-0 VII. PROTESTS AND vlRJTTEN CO~MUNICATIONS 1. From Paul Finch recommendin[ JamBs F. Koch as member County Library Commission Board. Mayor stated to Mr. Finch that Council had recommended Mr. William Hoyt to Board before receipt of his letter but requested Mr. Finch to approach Mr. Koch to see if he would care to be on the Cupertino Library Commission. 2. Pamphlet on Civil Defense received from Louis Æ. Wine, City Manager stated that he will obtain cODies of pamphlet for distribution to citizens. 3. Letter from Board of Supervisors advising that ~uly 25tL has been set for hearing petition to annex certain property to the City of Cupertino Water Department. 125 Mayor asked if there were protests from the audience. Thrre were none. Motion by Councilman Benetti that co'"munications be received and filed. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Pelosi Nays: None Absent: Saich, Nathanson Motion Carried: 3-0 VIII. REPORTS OF OFFICERS AND COHMISSICNERS A. Mayor reDorted that Councilman Said; was not present at meeting because mecnber of his family was in the bospital. City Manager reported that bids have not yet been received to oil and gravel Blaney Avenue. He reported damage to the traffic signal on Stelling and Stevens Creek statinv that repair work aas been ordered. City did not have insurance on signal, but after checking wit! insurance agent and Sheriff's Department it was learned that owner of car is resronsible for damages, and it was after receipt of ttis information that he ordc.red repair work to be done. B. City ~,anager read sumrTlary of traffic violations for montL of June and comparisfun of violations last year, indicating ttat number of violations have dropped. City i'lanager stated ttat "'ire Marshal informed him that all of the people who have been notified to remove weeds and have not complied will be turned over to the Listrict Attorney's office. Mayor aSKed City Attorney if anything could be done to prevent piling up of dirt in vacant lots. City Attorney stated that the County experience is that ordinances are anfavorable where they call for removal of fill on private property. however, he felt that this could be stopped in most cases because storage of fill in an R-l zone is a non_conforming use. City Attorney will check subdivision ordinance further. C. Council~an Lazaneo stated tLat he will report on air pollution at next meeting. Councilman Lazaneo mentioned the agreem8nt between the Sanitary District and the City of Santa Clara and will report back to Co,mciih after meeting of Sanitary District. Hayor felt that Council should meet with Sanitary Listrict to discuss mutual problems. Heetinf date set for August 4th. City Han8ger to write Sanitary District to ask if they would like to meet at the City Hall. City E,ngineer felt Uat U:is ,could not f'ive Sani- tary District sufficient notice. Councilman Benetti suggested setting AUfust 4th of 11th as mertinf date and the Sanitary District could decide date ",ore convenient for tr.em. D. C.uncilman Benetti requested copies of tramDoline ordinance and conditions accompanyin¡ use permits for traMpoline centers be sent to Recreation Commissioners. Councilman Benetti reported that Hr. i"oodruff resigned from the Commission and requested that the name of Mr. Herman Ius be considered for replacement of Mr. Woodruff. Councilman Saich arrived at 6:45 p.m. Motion by Councilman Benetti that City Attorney be instructed to prepare a resolution eppointing Mr. Herman Ius to theRecreation Commission. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 E. Councilman Lazaneo reported statement from County Controller, City's share of fines collected for month of June, $916.02, California Highway Patrol, $7.50, total $923.52; from State Controller, Motor Vehicle License Fees, $7,397.1~ State Board of Equalization report of sales tax, City's share 1959/60,:,39,442. F. City Manager read Resolution 346 requesting California Highway Commission Santa Clara County. Seconded by to authorize certain improvements or State Highway No. 9 in Motion by Councilman Said: that Resolution 346 be adopted. Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Mayor asked if ~,)5,OOO budget of ABAG has been approved. City Manager report- ed tht it had been and felt that Cupertino's I'articiDation in Association would benefit City. 126 ,..... ~ c::: - t-= Motion by Councilman Seich that $176.00 in Association of Bay Area Governments. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 be apDropriated for membership Seconded by Benetti. G. City Attorney read ,iesolution No. 347 recormnending William Hoyt to Bocrd of Supervisors to be considered for position on County Library Commission Board. Motion by Councilman Lazaneo that Resolution ;47 be adopted. Seconded by Scich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: NatLanson Motion Carried: 4-0 City Attorney reported preparation of resolution authorizing City ~ngineer to set lot levels and to recuire retaining walls. Resolution is to be distributed through City Hanager so Jl¡hat Council may have op'ortuni ty to study. H. Mayor reviewed report of Chairman of Planning Commission. No Council action required. Councilman Lazaneo asked if Council may act on use permits granted by Planning Commission. Mayor stated that in the event of protests, either by the applicant or other interested parties, the Council will review use permit application. Discussion aoose as to the five day period in which protests may be filed. City Attorney felt that five days may not be sufficient time but suggested that Ordinance 002(a) Revised, have a trial period and should the five day period not be sufficient, the Ordinance can then be changed. I. City Engineer reported that developers of Pringlewood have requested that decision be delayed until matter of Mountain View_Stevens Creek Road has been settled. Motion by Councilman Lazaneo that City ~ngineer be authorized to file notice of comDletion, Homestead Storm Drain No. " Seconded by Saich. Ayes; Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Kotion Carried: 4-0 City Engineer stated thct he had crepared plan on standard street lighting on conjunction with P. G. & ~. and feels that if these and tbe master plans were completed they would be helpful to the Planning Commission in their discussion of the mast clan. His request was to complete and revise present neighborhood plans and to modify storm drainage plan to compare to recent tentative agreements of the State Flood Control District and to complete street lighting plan. The estimated cost would be ~l,OOO. Mayor stated that meeting would be adjounred until Thursday, July 21, 1960, at 5;00 p.m. to discuss neighborhood plans. City ~ngineer presented request from Cupertino School District that sidewalk on Bonacich pronerty be allowed to be adjacent to the curb and gutter since maintenance of planter strip between sidewalk and curb would create a pro- blem with use of sidewalks by school children. Motion by Councilman Lazaneo that exception to Section 17, Subdivision Ordinance, be granted to the School District allowing sidewalk to be ad- jacent to curb and gutter and Dlanter strip to be adjacent to fence. Seconded by Benètti. Ayes; Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathancon Motion Carried: 4_0 X. UNFINISHED BUSINESS Mayor reported that there will be a meeting with San Joce, July 19, 1960 regarding storm drainage and that width of McClellan has been set by City at 60'. Mountain View_Stevens Creek Road matter held over until next Council meeting August 1, 1960. 127 Wolfe Road discussion held over since applicants wish to study suggestions of the Council ~iven at meeting July 15. 1960. City Manager will be attending meeting in Los Angeles, July 19, 1960, re widening of Highway 9. Gas station sites discussion held over until August 1, 1960. Mayor suggested that a committee be formed H control for presentation to the Council. are to work with City ~aaager on report. to gather information regarding Councilman Lazaneo and 3enetti Applicant, Benson Construction, notified Council that tentative map has been withdrawn and will refile map at later date. Councilman Benetti request~d Council to make a study of gas station locations within the City and suggested a freeze be put on station until termination of such study. Mayor stated that freeze would not really be necessary since Council will review all protested use permits which a1'pear before the Planning Commission. City Attorney stated that rule set by federal courts is that a gas station, wLich is a nuisance, may oe np.ulated ·out may not be excluded. It may be lawful to exclude [as stations from R-l zones or from a certain type of zoned area, but City Attorney felt their difficulties could result by putting a blanket veto on gas station~. Councilman Benetti stated that he did not intend to exclude gas stations entirely but rather to allow the Council to consider location of gas stations within the City, etc. This matter to be discussed Thursday, July 21, 1960, at 5:00 p.m. Motion by Councilman Saich that $462.00 be anproved for payment to the Fremont High School District for participation in recreation program and that letter of transmittal be sent to the District explaining the City's particiDation in program with the School District. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 City Clerk read Resolution 344 transferring storm drain funds from the Storm Drain deposit to the General Account. Motion oy Councilman Lazaneo that resolution 344 be adopted. Seconded by Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 City Clerk read Ordinance 137 ordering stop signs to be placed on roads intersecting East éstates Drive and La har Drive. Ì'lotion by Councilman Lazaneo that second reading of Ordinance 137 be oy title only. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi l~ay s: None Absent: ¡\athanson Motion Carried: 4_0 Motion by Councilman Lazaneo that Ordinance 137 be enacted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4_0 Motion by Councilman Lazaneo that second re2dinv of OrdinRnce 78(b) be by title only. Seconded by Benetti. Ayes: Benetti, Lazaneo, SaicL, Pelosi Nays: None Absent: èJathanson Motion Carried: 4-0 Ci ty Clerk read title, Grdinance 7¿( b) Motion by Councilman Saich thet Ordinance 7B(b) be enacted. Seconded by ¡ouncilman Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi ]';ays: None 128 Absent: Nathanson Motion Carried: 4_0 ~ 1-3 ~ .. tIC Terms of the Water Commissioners to be set at meeting July 21, 1960. City Manager pointed out that four terms should run for four years and three terms for two years. XI. NEW BUSINŒSS Motion by Councilman Lazaneo that City ~ngineer be allowed to attend League of California Cities convention in October. Seconded by Saich. Councilman Lazaneo amended motion to include Building Official. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 ~1ayor eead letter from Santa Clara County Contractors and Homebuilders Associa tion stating that all subcontractors shodd pay city business licenses. Mayor read letter from City Clerk advising of invitåtion from City Clerk of San Jose to meet July 19, 1960 at San Jose City Council Room to discuss, (1) Mutual boundary lines, (2) McClellan Hoad Storm Drain- age. Motion by Councilman Lazaneo that meeting be adjourned until Thursday, July 21, 1960, at 5:00 p.m. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Meeting adjourned Monday, July 16, 1960 at 9:55 p.m. APFROVED: 0ht(~¡¿!ø~ 11.6."'" i ty Clerk t~. Ui~