CC 12-21-59
P.O. Box 597
AL 2-1+505
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CITY ~ CUPRRTINO
CUI'FoRTINO, CAI,IFORNIA
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OF TIlE REGUlAR MEETING OF THE CITY COUNCIL
DECEMBER 21, 1959
Place:
Time:
10321 S. Saratoga-Sunnyvale Road
8:00 p.m.
I
SALUTE TO THE FlAG
II
ROLJ~ CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Nathanson, Pelosi, Saich, Wilson
None
III MINUTES OF THE MEETING OF THE CITY COUNCIL, DECEMnER 7, 1959, were approved
with the following corrections: VII F-3 was changed to "December 21", not
"20"; December 8 Minutes, IV, insert "The ":'ote was 4 in favor, 1 opposed.
IV PAYING BILLS
Moved by Councilman Saich that Resolution No. 211 be adopted approving the
payment of Warrants numbered 1099 to 1104 inclusive; seconded by
Councilman Lazaneo, carried 5-0.
Moved by Councilman Lazaneo, second by Councilman Saj.ch that Resolution
210 be adopted authorizing the payment of Warrants numbered 1105 to 1126
inclusive, carried 5-0.
V PUBLIC HEARINGS SCHEDULED
A. Appeal on ¡lewins application for rezoning of 38 acres west of the
intersection of Bubb Road and Upland Way; front 8 acres to lot size of
10,000 square feet; Middle 20 acres to one acre gross sites; back 10
acres to commercial recreation. Zoning prior to annexation: A-2:B 4.
Councilman Lazaneo disqualified himnelf from participation in the hearing
since, as he stated, he has an interest in the property.
The Mayor read Resolution 208 which returned an unfavorable recommendation
to the City Council from the Planniug Commission, also a report of
findings therein.
John CharKin, attorney for the appellant presented his case to the City
Council, emphasizing the same points made and recorded for the Planning
Commission, namely that property rights of surrounding residents would be
adversely affected by granting the application, also that the application
was deficient on general principles of city planning, such as traffic
control, storm drainage, etc.
The City Engineer presented a review of the property, as requested by
the City Council, in which he indicated a shaded area within the zone
presented for 10,000 sq. ft. zoning. This shaded area would be, from an
engineering standpoint, a feasible site for 10,000 square foot lots.
Councilman Wilson asked whether or not the engineering phase could be
checked at the time of submitting a tentative map
Mr. Don Bandley, petitioner for the applicant, wished to stand on the
contents of the letter submitted at the December 7 meeting. 1~e letter was
reread and certain passages read a second time by Councilman Pelosi.
The City Clerk stated that the 60 maps to which reference was made in the
letter have never been made a requirement of the Planning Commission,
which body was hearing the application.
Mr. Chargin maintained that the rural atmosphere, meaning large lot sizes,
should be preserved in this foothill area.
Councilman Wilson said that 10,000 square foot lots are not necessarily
discreditable inasmuch as exa,nples of fine homes on such lots can easily
be found. He also said that the engineering features of the proposed
subdivision would add storm drainage and flood control to the area and
that sewers and other public improvements, such as curbs and gutters,
would be advantageous. In the fourth place he said one acre lots are
obsolete)and an extravagant use of valuable land.
Mr. Ohargin stated that "the issue of the 60 maps is phony and simply an
excuse to give the Council a chance to do what they intend to do anyhow".
There being no further requests to be heard on the matter, the Mayor
declared the hearing closed at 9:05 p"m.
On the basis that the original request is reasonable, Councilman Wilson
moved that the attorney be instructed to prepare an Ordinance rezoning
the subject property as requested by appellant (applicant); second by
Councilman Saich; carried 4-0, Councilman Lazaneo abstaining.
B. Reese P. Griffith: Application to rezone 27 acres from A-2:B-4 to R-l
(10,000 sq. ft. lots minimum) and submission of tentative map bounded by
Lindy Lane and Regnart Road; 51 lots.
Resolution 209 was read, returning the favorable recommendation of the
Planning Commission to the City Council and including a report of findings
to support said Resolution.
Attorney John Chargin presented the same objections to this application,
for the most part, as to the Hewins application.
There being no further requests to speak on the subject, the Mayor declared
the hearing closed at 9:15.
Moved by Councilman Saich that the city attorney prepare an ordinance
rezoning the property per proposal of the applicant, the ordinance to be
voted upon at the next meeting; seconded by Councilman Pelosi, carried 5-0
C Page Properties: Application for multiples and single family residential
zoning together with school site, Bonacich property between Stelling and
Western.
The Mayor stated that the applicant seeks a postponement.
Frank Farran. 20682 Scofield Avenue objected to a postponement.
Curtis Woodruff. 20713 Rodrigues Avenue said that the City Council should
adhere to the neighborhood plan which does not agree with the map submitted
by the applicant.
Approximately half of the people present expressed an interest in this
application and at first objected to further postponement of the hearing.
However, after discussion, they presented no strenuous objection to a
proposal for a continuance to January 4, 1960.
Moved by Councilman Lazaneo, second by Councilman Wilson that the Page
Properties hearing be postponed for two weeks, until January 4, 1960.
Vote delayed to allow further discussion.
Councilman Pelosi said the Council was voting and acting on the basis of
a school district letter to the effect that they will locate the school
site on the location chosen by the final deciding agency of the City of
Cupertino. Attorney for the applicant gave their reason for asking for
postponement to be the result of contact with the County counsel, and
legal difficulties which arise out of changes in the law enacted at the
last session of the Legislature.
The Mayor said that the City Engineer and the City Attorney will meet the
applicants and attempt to resolve any difficulties in favor of the public
interest.
William T. Osborne. 20671 Rodrigues Avenue stated to the City Council
that a petition had been circulated by agents of the applicant and that
his wife signed the petition. He asked that her name be withdrawn since
she did not understand the nature or facts in the matter"
Joseph Adamo said that the citizens in attendance are not objecting to
development of the property as such but only to certain phases of this
particular development.
Frank Farran raised objection to use of an apartment buffer.
Moved by Councilman Saich, second by Councilman Wilson that the Page
Properties hearing be postponed to January 4, 1960, carried 5-0.
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VI ORAL COMMUNICATIONS - None
VII PROTESTS, WRITTEN COMMUNICATIONS
1. University of California invitation to participate in shade tree
conference.
2. County Boundary Commission: latest annexations within three miles
of the City of Cupertino.
3. Community Report: December 1959 issue of Bulletin published monthly
as a public service by Community Research, Los Angeles.
4. Cupertino School District: request to provide pedestrian accessability
in future subdivision plans or street patterns to the Collins School.
5. Cupertino School District: request to provide pedestrian accessability
in future subdivision plans or street patterns to the Eaton School.
6. Cupertino School District: request to provide pupil accessability
to Arch Wilson School located on Price Avenue.
7. Karl J. Belser, Director of Planning, County of Santa Clara: written
recommendations relative to the proposed Cupertino General Plan.
8. Creston Acres Improvement Association: Appeal to City Council to
oppose rerouting of the Southern Pacific Railroad right-of-way in
order to accommodate the proposed alignment of the Foothill Expressway.
9. County Boundary Commission: discussion of Sunnyvale annexation
"Crespi 59-32".
10. County Boundary Commission: discussion of Santa Clara annexation
"Stevens Creek No. 10".
11. County Boundary Commission: Los Altos Hills annexation. Referred to
City Engineer.
12. Department of Justice: quotation of pertinent code section (Govt. 12524)
respecting expenses involved when peace officers attend zone meetings.
13. Gene Hutchins, Manager, Trailer Park Division: letter addressed to
the City Council and Planning Commission requesting use permit for a
10 acre trailer park on Highway 9, Mr. Posa's property, between
Homestead Road and Stevens Creek Road.
VIII REPORT OF OFFICERS AND COMMISSIONS
A. Report of Road Commissioner:
I-Councilman Saich reported that the firm of McCarthy & Spiesman has paved
the shoulders of Blaney Avenue. Mr. Fleming, City Engineer, reported
that street improvements, pavement, gutters and curbs will shortly be
put to bid on South Blaney. The City of San Jose will be approached for
the purpose of securing a cooperative schedule for the section of South
Blaney at which San Jose and Cupertino join boundaries.
2-The large eucalyptus tree on South Blaney is in the process of removal.
3-Councilman Wilson proposed a striping job for South Stelling which, at
the present time, is very faintly marked and may constitute a traffic
hazard on that account. Mr. Storm said that this is a job for the City
Manager. The Council also referred the Miller Avenue traffic signal to
the attention of the City Manager.
B. Report of Police and Fire
I-The Sheriff's Department:
1959--total equals 108.
Chief:
traffic violations cited, month of November,
2-Northern California Juvenile Association: News and Views, Volume 3, No.4.
C. Report of Recreation Commission:
I-Councilman Pelosi reported that Mr. Benevich will be in contact with Dr.
Nethery in order to complete the ball field project before the rainy
season commences.
D. Report of City Treasurer:
I-First National Bank of Saratoga & Cupertino: statement of Time Open
Account Agreement, being $18,039.00, bearing interest at the rate of 3%
annually providing the funds are left on deposit for six months.
2-First National Bank of Saratoga & Cupertino: statement of Time Open
Account Agreement deposited by the City of Cupertino, being $40,000,
bearing interest at 3% per annum providing the funds are left on deposit
for six months.
3-State Board of Equalization: disposition of local sales and use tax
pursuant to Part 1.5 of Division 2, Revenue and Taxation Code and the
local ordinance. Cupertino advance payment August 8 to November 6--
$2,382.96; net collections for the period totalling $10,044.15
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4- County Controll~r: traffic fines accruing· to City of Cupertino
during the month of November 1959--$1,514.72
E. Report of Citv Manager:
I-Mr. Storm reported that he is preparing a resolution establishing working
conditions for employees. TIlis would include such matters as paid
holidays. He suggested that employees be granted one and one-half days
off prior to Christmas and New Years Day.
Councilman Wilson so moved: seconded by Councilman Saich, carried 5-0
2-The City has accepted on speculation an electric mimeograph machine (Roneo)
which will produce much more legible copy. Mr. Storm said the machine
will represent a considerable saving in employee time each week. The
list price is in the neighborhood of $800 but the price to the City,
including a trade of the old machine is $626.80.
Moved by Councilman Lazaneo that the City purchase the Roneo mimeograph
machine; second by Councilman Pelosi, carried 5-0.
3-The City Manager suggested that lot sizes for multiple dwellings be
discussed at the work session scheduled for December 22, as well as the
principle of cumulative or pyramid zoning.
F. Report of Citv Attorney:
I-Mr. Anderson has written to the Rousseau Organization reaffirming the
conditions of the reimbursement agreement and refuting the sumw~ry letter
submitted by Mr. Oakes to the effect that such $35,000 must or should be
reimbursed within three years.
2-Resolution 203--providing for the issuance of $1,000,000 principle
amount of City of Cupertino 1960 Water Revenue Bonds and $905,000 of
Series A Bonds (XI-A-l of the Agenda).
Resolution 203 was read in its entirety. Moved by Councilman Lazaneo
that the Resolution be adopted--No. 203; second by Councilman Wilson,
carried 5-0
3-Resolution 212 was introduced, being a Resolution of the City Council of
the City of Cupertino approving official statement and authorizing and
directing the sale of $905,000 principal amount of the City of Cupertino
1960 Water Revenue Bonds, Series A.
Moved by Councilman Pelosi that Resolution 212 be adopted; second by
Councilman Lazaneo, carried 5-0.
4-Resolution 213 was introduced, being a resolution authorizing the
execution of agreement between the City of Cupertino and the Bank of
America N.T. & S.A. providing for fiscal and paying agencies for the sale
and issuance of its 1960 Water Revenue Bonds.
Councilman Pelosi moved adoption; second by Councilman Saich, carried 5-0
5-0rdinance 107--creating Water Department, providing rates and charges,
etc.; second reading (IX-A-3).
Moved by Councilman Lazaneo that full reading of Ordinance 107 be
waived by unanimous consent, the title only to be read; second by
Councilman Pelosi, carried 5-0.
Councilman Lazaneo moved adoption of Ordinance 107, second by Councilman
Pelosi, carried 5-0.
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December 29, 1959, 8:00 p.m. in City Hall was named as the time and
place to meet representatives of Page Properties in order to discuss
their application and arrive at a solution.
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G. Planning Commission Report:
I-Summary of actions taken by Planning Commission at last meeting. No
objections were presented to the Minutes. Brief discussion took place
concerning the application of John Rodrigues, et aI, for commercial
recreational zoning, corner of Homestead and Highway 9. The consensus
seemed to be that such commercial recreational zoning, if not capitalized
or developed, revert to existing zoning which is A-2:B-4.
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The City Manager advised that the zoning should be conditional and the
conditions not being met, the property should revert to the jurisdiction
of the Planning Commission for further action. Six months is considered
a reasonable period in which to develop such property. The City Attorney
discussed the fact that conditional rezonings are not popular in current
city planning. In addition, the government code is implicit in its manner
and methods of rezoning, specifying means of public notice, public
hearings, ordinance adoption, waiting period, etc.
This led to discussion of the Master Plan and the supporting zoning
regulations. Councilman Lazaneo maintained that the zoning regulations
should be passed first, as soon as possible, with the Master or General
Plan to come up for consideration at a later date.
The City Attorney described the difficulties of rezoning with the present
City ordinance structure, to-wit: ordinances enacted on an interim
basis as urgency measures. He reiterated his concern that it would be
good for the City to adopt zoning ordinance (s) and then follow hearing
procedure proscribed by the government code.
H. Report of Citv EnRineer:
I-Mr. Fleming read his report relative to the Junipero-Serra Freeway and
placed Resolution 214 before the City Council for their consideration.
Moved by Councilman Saich that Resolution 214 be adopted, being a
resolution petitioning the California Highway Commission for permission
to construct crossing and connections across State Route 239; second by
Councilman Wilson, carried 5-0.
This Resolution requests that the California Highway Commission include a
grade separation at Mary Avenue in the construction of State Highway 239
and further requests inclusion of an interchange at Wolfe Road to
provide access to State Route 239
2-Homestead No.3 Annexation--Resolution 206 consenting to institution.of
proceedings for the inhabited annexation of Homestead No. 3
(IX A-4 of the Agenda).
Moved by Councilman Saich that Resolution 206 be adopted; second by
Councilman Lazaneo, carried 5-0
3-The engineering report on the Hewins property was again mentioned, in
summary being a report that a portion of the proposed 10,000 square foot
area is suitable for lots of that size, and a portion not.
4-The neighborhood plans of the northwest section of the City were marked
for consideration December 22, 1959.
5-Moved by Councilman Wilson that Resolution 215 be adopted giving notice
of the proposed annexation of certain uninhabited territory to said
City of Cupertino describing said territory and designating it by the
name Stevens Creek No.1: give notice of time and place said Council
will hear protests thereto (February 15); second by Councilman Saich,
carried 4-0 (Councilman Pelosi had departed.)
6-Moved by Councilman Lazaneo that Resolution 216 be adopted being a
resolution approving final map of tract No. 2551, Walnut Grove,
accepting certain drives, ways, avenues, courts and roads, authorizing
the City Engineer and the City Clerk to sign the final map, and authorizing
agreement in connection therewith; second by Councilman Saich, carried 4-0.
7-Moved by Councilman Wilson that Resolution 217 be adopted accepting grant
of real property from City Title Insurance Company; second by Councilman
Lazaneo, carried 4-0
a-Moved by Councilman Saich that Resolution 218 be adopted accepting grant
of real property from Harvey A. Brothers and Marilyn L. Brothers; second
by Councilman Wilson, carried 4-0.
9-Moved by Councilman Lazaneo that Resolution 219 be adopted accepting
grant of real property from Donald T. Yabe and Mary M. Yabe; second by
Councilman Saich, carried 4-0.
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lO-Moved by Councilman Wilson that Resolution 220 be adopted accepting
dedication of real property from the Oliver Rousseau Organization; second
by Councilman Lazaneo, carried 4-0
11-Moved by Councilman Saich that Resolution 221 be adopted authorizing the
execution of an agreement by the Mayor and the City Clerk for the
granting of an easement by Wataru Mine to the City of Cupertino for the
construction of "Homestead Drain No.1"; second by Councilman Wilson,
carried 4-0.
12-Moved by Councilman Lazaneo that Resolution 222 be adopted accepting grant
of easement from Lester and Lester; second by Councilman Wilson, carried 4-0
l3-Moved by Councilman Wilson that Resolution 223 be adopted accepting grant
of easement from Lester and Lester; second by Councilman Lazaneo, carried 4-0.
14-Moved by Councilman Saich that Resolution 224 be adopted accepting grant
of easement from Lester and Lester; second by Councilman Wilson, carried 4-0.
lS-Moved by Councilman Lazaneo that Resolution 225 be adopted accepting grant
of easement from Inouye; seconded by Councilman Saich, carried 4-0
16-Moved by Councilman Wilson that Resolution 226 be adopted accepting grant
of easement from Inouye; seconded by Councilman Lazaneo, carried 4-0.
17-Moved by Councilman Saich that Resolution 227 be adopted accepting grant
of easement from Nakagawa; second by Councilman Lazaneo, carried 4-0.
18-Moved by Councilman Saich that Resolution 228 be adopted, accepting grant
of easement from Nakagawa; second by Councilman Lazaneo, carried 4-0.
19-Moved by Councilman Lazaneo that Resolution 229 be adopted accepting grant
of easement from Paul Mariani, Sr; second· by Councilman Saich, carried 4-0.
20-Moved by Councilman Wilson, second by Councilman Lazaneo that Resolution
229 be rescinded, carried 4-0
IX UNFINISHED BUSINESS
A. Ordinances and Resolutions for Adoption
2. Ordinance 106 creating Council-Manager form of government.
Second reading.
Moved by Councilman Wilson that the full text be waived and the reading
confined to title and headings only; second by Councilman Lazaneo,
carried 4-0.
Moved by Councilman Saich that Ordinance 106 be adopted; second by
Councilman Wilson, carried 4-0. (IX -1, 3 & 4 see above)
B. Miscellaneous - None
X NEW BUSINESS
A. Miscellaneous
1-Councilman Saich reported that the Traffic-Ways Committee will call for a
vote upon the proposed plan on January 4. He requested that the minutes
of the Traffic-Ways Committee be mailed out to the members of the Council
as soon as received.
2-The Council requested that the City write the Board of Supervisors for
further information relative to the realignment of the Southern Pacific
Railroad right-of-way necessary to accommodate the proposed Foothill Expressway.
XI ADJOURNMENT
1:55 p.m., December 21, 1959
R~spectfu11y submitted,
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Lawrence K. Martin
City Clerk
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