Loading...
CC 02-18-57 p. O. Box 597 Al 2-4505 CITY OF CUPERTINO, CUP E R TIN 0 CALIFOENIA REGULAR 11EETING OF THE CITY COUNCIL FEBRUi.RY 18, 1957 Place: Time: Collins School, Teachers Lounge 8:00 P.M. Press Present: D, Cox, San Jose Mercury M. Soomil, Sunnyvale Standard I ROLL CALL Councilmen Present: Lindenmeyer, Meyerholz, Nathanson, Saich, Wilson None Councilmen Absent: II THE MINUTES OF TBE PREVIOUS MEETING ON FEBRUARY 4, 1957. were read; the following correction was noted: Item V-D, delete the word "theoretically". III PETITIONS AND COMMUNICATIONS A. Written 1. A notice of hearing before the Public Utilities Commissi of the State of California in the matter of the applica- tion of the p.G. & E. for an order issuing a certificate of public conveniençe, etc. to exercise the right, etc. granted to p.G. & E. by Ordinances 26 and 27 of the City Council of the City of Cupertino.... Hearing before Examiner Daily... Wednesday March 1), 1957, at 10:00 A.M. in the Commission Courtroom, State Building, San Fran- cisco, California. Oral Ñõñë B, IV UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption - None B, Britt Matter Mr, Leonard explained the nature of a use permit and reported that the Planning Commission voted 4 - 1 to advise Britt that his application for a use permit is denied. Britt is operating a retail boat shop in an R-)-H zone. No formal hearing was set and the applicant's money has been returned. Moved by Councilman Lindenmeyer thst the Co~ncil adopt the Planning Commission recommendation on the Britt matter; seconded by Councilman Saich, and carried 5 - o. C, Homestead 4-c Annexation Hearing City Attorney Anderson read the letters of Boris Stanley, Attorney for Aronsen, and Carl Stibolt. Public Relations Officer for Permanente Cement Company, to the City Council. He recommended that the Council not consider the ultimate zoning of the Aronsen parcel until it gains jurisdiction, that is, until the parcel is in the City of Cupertino. The doctrine of Estoppel involves a contrsct where A makes a proposition to B relying on certain representations. The City has accepted proponents wish in good faith and the City has expended public monies. The City cannot rezone ante- dating annexation. To accept the terms of the latter would be an unlawful act on the part of the Council which has quaesi-judicial power. The City cannot guarantee that which it has no power to do. Alternatives are these: l. City could drop the annexation. 2. Could continue the annexation procedure but this would in effect tend to force the City into an unlawful act. Mr. Anderson advised that if the Council gives a full and. complet hearing, every presumption is in favor of the Council. Resolution No. )8 was offered for the consideration of the Council. This is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REJECTING A CERTAIN CONDITIONAL CONSENT OR PROTEST TO THE HOMESTEAD 4-C ANNEXATION. Moved by Councilman -2- Nathanson that Resolution 38 be adopted, seconded by Meyer- holz, carried 5 - O. Councilman Saich moved that the hearing be closed and that the City ßttorney be instructed to prepare an ordinance; seconded by Councilman Nathanson, carried 5 - O. D. Request by Citizens in Stelling l-C Revised Annexation that a Councilman attend their meeting on February 25. Mayor Wilson volunteered to attend this meeting and asked that the interested residents be notified to that effect. E, Welcome signs VFW feels thet t40 is too much, v NEW A. BUSINESS Report of Planning Commission Chairman 1. Hearings have been closed on the T. A, Backman applicati for a rezoning and a use permit allowing a service station at the corner of Bollinger and Highway 9. Conditional approval was decided upon by a vote of 5 _ 0 A letter is being drafted outlining the various conditio 2. Mr. W. ,;. Britt (dba Valley Marine, Sales and Service) apr.lied for a two year use permit to use a residence as sales place - north side of Stevens Creek Road near Rand; It is the recommendation of the Commission that the applic9tion be denied and that Mr. Britt's check be returned to him. ). The contract with the County for planning services will be delayed until Mr, Campen takes office and studies the matter. 4. We are advised that the directors of the Little League are working out satisfactory arrangements to use a turffe field at Hyde School, for this year at least. The Commission believes this solution is adequate for the present. 5. Communications relative to the Aronsen parcel and the Permanente strip were read. Both parties raised questioL relative to likely zoning following the proposed annexa- tion in that vicinity. 6. Mr, Geyer, who proposed 120 rental units opposite the high school site on Miller Avenue, is still working on that project. Today another inquiry was made with respec to more multiples on Miller just south of the Geyer par- cel. The City Council may wish to give further thought to what densities of population will best serve community well being. Relative to the proposed co~tract with the County, Mayor Wilson asked that the City Council request approval of the Board of Supervisors to negotiate for the services of the COl1nty Planning Department. Councilman Meyerholz so moved, seconded by Councilman Saich and carried 5 _ O. Attorney's Report 1. With relation to the previous weeks communications on improper literature, City Attorney Anderson stated that ordinances are no better than their enforcement. He feel that this is a matter for State control. In the event that the County of Santa Clara requests such an ordinance of the Cities within the County, he would favor complianc If mothers object we can then take action, said Mr. Meyer holz. He surmised that the P.T,A. will act if necessary. Report of Roads and Maintenance Commissioner 1. Mr. Saich reported that Leonard McCarthy will borrow a duplicate of the school markings from the County Engineer and will paint them onto Stevens Creek Road when the weather is right. 2. A question arose concerning repair of the roadway in fron of the Town and Country Market; this is evidently a private road. It was requested that a letter be dis- patched to the County Assessor to determine whether por- tions of Scofield, Sunrise, Rodriguez and parking lot areas are dedicated. B. C. -)- D. Report of Police and Fire Chief 1. Mr. Nathanson said that the parallel parking matter aloné the store front area between Cali and Stevens Creek Road on Highway 9 would be deoided at a later date. 2. The City share of traffic fines collected during the month of January was S2,192. J. County Fire Marshal listed the only area in which the retail sale of approved "Safe and sane fireworks" will be permitted during the 1957 Fourth of July season. 4. The National Safety Council forwards program recommenda- tions on hot-rodding and drag racing. This Council feel. that public interest would be better served if the energy and enthusiasm now devoted to drag racing were channeled into more constructive activities such as economy runs, . driver clinics and leadership in traffic safety programs, 5. The traffic citations Were brokon down by type, and by hour for the month of January. 6. Mr. Meyerholz questioned the type of paint required by the Fire Marshal in the Cupertino de Oro Club. He said it has a foul odor. E. Report of Building and Health Inspector _ None F. Report of Parks and Recreation Commission l. Mr, Lindenmeyer reported that informer sources classify parks in three ways - regional, playfield, and Playground, the latter comprising one acre for each 800 persons. ' 2. He sugpested that the City plan for a four acre park surrounding the City Hall. ). He suggested the formation of a recreation commission. 4. He rec.uest"d a report by the Planning Commission sugGesting a site for the City Hall by March 4. 5. He requested a site reoommendation from the Planning Commission for a park. 6, He asked the City Treasurer to report to the Council on March 4 the state of the City finances. 7. The next step would be to co~bine the reports and let realtors search for the property indicsted. 8. The Council would on March 18 as a committee of the whole to canvass the information developed. If there is any need, the meeting should be called one hour early. G. Civil Defense Report Mr. Williams presented an organization chart for the Cupertino Civil Defense. VI ADJOURNMENT - 10:45 P.M. Respectfully submitted, 'f<Lw".Q~x- 1<, ~(~ Lawrence K, Martin City CIerI, .