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CC 06-15-59 P. O. Box 597 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA Al 2-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JUNE 15, 1959 Place: Time: 10321 Saratoga-Sunnyvale Road, Cupertino 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Councilmen Absent: Lazaneo, Nathanson, Pelosi, Saich, Wilson None III MINUTES OF THE PREVIOUS MEETING OF JUNE 1, 1959, were approved with the following corrections: Page 2, item 6, add, "second by Councilman Lazaneo, carried 5 - 0; Page 6, meeting of JUDe 5, Item 6, B-1 chang'~ "10" to "5". Page 8, item 7, V-S add "also to determine the balance in the storm drain fund and future sources of revenue, etc.", IV PAYING BILLS Moved by Councilman Lazaneo, second by Councilman Saich that warrants 797 to 802 be paidj carried S - o. V ORAL COMMUNICATIONS None VI PROTESTS, WRITTEN COMMUNICATIONS 1. Peace Officers Association: Opposition to AB 27õ which would require all arrested persons to be booked within 3 hours (with some exceptions) or be released from custody. 2. Santa Clara County Flood Control and Water Conservation District: Announcement of meeting to be held by the Board of Supervisors at 2:00 P.M. on June 29 in the' hearing room of the Civic Center, 20 W. Rosa Street, San Jose. 3. County Planning Commission and Board of Zoning Adjustment: Agenda for June 17, 1959. 4. Sheriff: Summary of accidents and traffic violations, City of Cupertino, month of May. 5. Robert B. Merrick: Letter stating intersection of Stelling Road and Stevens Creek Road is traffic hazard due to obscured traffic sign. 6. Mayor Inglis of Monte Sereno: Copy of ietter to Clark Bradley opposing the passage of AB 2554. 7. County Boundary Commission: Latest annexations within 3 miles of the City of Cupertino. 8. County Planning Commission and Board of Zoning Adjustment: Minutes of June 4. 9. SC1~CD: Letter of transmittal plus Water Reports prepared by Mark Thomas Company also Tri-County Water Authority. 10. A. C. Stevens, Supt; Letter relative to Miller Avenue pavement. 11. Fire Marshal: Liability Notice to A. J. Wiggins con- cerning building on southeast corner Stelling and Stevens Creek Road, said to be dilapidated and in a condition violating the Fire Prevention Code. Also states that the building should be properly secured against unauthorized entry. VII REPORTS OF OFFICERS AND COMMISSIONS A. Attorney's Report 1. City of Cupertino v. City of San Jose, Superior Court Case No. 112102. The City Attorney's letter of June 12 summarized the case. Moved by Councilman Wilson that City of Cupertino appeal the decision in Case 112102, Cupertino v. San Jose; second by Councilman Lazaneo and carried 4 - 1, Councilman Pelosi opposed. 2. Monta Vista Water Works: The contract of purchase was read to the City Council by the Attorney. It developes that the business office of the Water Works is the only asset not named in the contract, due to the fact that this business office is not in the name of the corporation. It will be included in the transaction. The contract has been executed by C. Domlco, President and R. Frates, Secretary- Treasurer. Moved by Councilman Saich that Resolution 146 be adopted authorizing the Mayor and City Clerk to execute the agreement to purchase Monta Vista Water Works; second by Councilman Wilson and carried 4 - I, Councilman Pelosi opposed. B. Report of Road Commissioner No report. C. Report of Police and Fire Chief No report. D. Planning Commission Report 1. Summary of actions taken by Planning Commission at last meeting. a. The Mark Thomas application to rezone lots 13 and 14 between Randy Lane and Blaney Avenue for a commercial and/or professional building, thereon, was given first hearing with the representative of the applicant, Mr. Don O. Bandley, assuring the Commission that the Company would meet the conditions that the Planning Commission saw fit to impose. Applicant expects to construct a new building on site but would like to use the present structure, located on the westerly of the two lots, for the present. Moved and carried unanimously that the first hearing be closed. b. Edenvale Land Company: Application to rezone 18 acres from R-l:B-2 to R-l; also to rezone an additional 130' of Highway 9 frontage to C-I-H. Property is located on east side of Highway 9 north of Silverado Avenue. Discussion centered on the fact that lots 12 to 18 are 7100 or 7150 sq. ft. apiece. This was attributed to a 35' flood control easement adjoining the 20' dedicated within Tract 2248. - 2 - The width of the street intersecting Highway 9 is also noted to the extent that a 70' street is prefer~ed through a commercial zone, as in the case of Idlewild. Moved and carried that the first hearing be closed. c. Tree Planting Requirements: Next agenda. d. Tula L3~e Widening: The street is still under consiõeration by Mr. Myers and Mr. Perkins ~egarding the possibility of bending a 60' street ·:;hl'ough the area. It may be possible to acquire a 60' right-of-way by relocating a few gar&ges. 1he Chairman marked the map for further study a"1d it 1~as tentatively agreed to consider TUJ.f' La~e 011 the same basis as Highway 9 and waive inGividua: 8JPlication fees in lieu of a single application and fee. e. The COT>mission decided to send letters to all applicants stating that no decision will be reached witaout the presence of the applicant or a representative authorized to make commit- ments. f. Moved and carried that the City Council be notified by mail that Jack Lyddon has complied with the rezoning conditions, as scheduled. g. Mr. Myers reported that the Cupertino School District has applied to the State for funds to improve Price Avenue to the middle of the road, prior to completion of the Arch Wilson School. However, the Department of Finance has approved sufficient funds to pave 10' instead of the 18' which would be half of the street. Prive Avenue has not been accepted for maintenance. Moved by Councilman Lazaneo that the City Engineer be authorized to prepare a neighborhood pl.au, including street patterns etc., for the quadrant east of Blaney, south of Stevens Creek Blvd. and to the eastern and southern city bonndaries, after conferring with the Planning Consultant. Second by Councilman Pelosi and carried 5 - O. E. Report of City E~~ing~ 1. Homestead R09d: City of Sunnyvale is interested in reaching an understanding in regard to storm drainage on this street. County Flood Control is willing and anxious to do the work but finds that the District lacks the funds. Mr. Oakes of the Oliver Rousseau Company was invited to speak on the subject and said that storm sewers are the nub of the problem in developing properties his company has recently acquired. Several possibilities have been explored with regard to the location of a storm drain pipe and the method and means with which to finance the facilities. Pre- limina~y estimates, he said, place the cost of such a storm sewer at $250,000.00 indicating that the problem cannot be approached on an individual sub- division basis. He said that people may be thinking in terms of a storm drain assessment district to encompass the area between Homestead Road and Stevens - 3 - Creek Blvd. and east and west as far as the city limit s. The Mayor said the City needs to know the cost of the storm drain facilities necessary, capacity and location of the pipes contemplated and the costs per acre, or per lot, and alternative methods of financing, and what differential if any between cash and bond, etc. The City Engineer said it would be in order to outline which properties would beTIefit and prepare cost calculations. Mr. Fleming was asked to håve such a diagram for the next meeting and also to include piping for south Highway 9 as far as the City Office. Mr. Anderson stated that a storm drainage district has traditionally been more difficult to form and operate than one for sanitary sewers. More prelimi- nary work than the law requires is one means for the successful formation of such a district. The Mayor mentioned the possibility that the seller might provide part of the means of constructing the storm drainage in the case where none is available. 2. The Flood Control District has written the City of Cupertino that they are willing to defray the cost of wingwalls for the Blaney Avenue and Pacifica Sub- division culverts to the extent of $5200 each. They ~ubmi t an agreement whereby they 3gree to remit *10,400.00 if the City will construct said culverts to their specifications, including cOTIcrete wing- walls. Moved by Councilman Wilson that the City accept this agreement, allocating ~10,400.00 to Cupertino, with the Mayor and City Clerk authorized to sign; second by Councilman Saich, carried 5 - o. 3. ¡'loved by Councilman Lazaneo that Resolution 149 I.ccepting Improvements in Tract 2153 be adopted; second by Councilman Saich, carried 5 - O. Moved by Councilman Lazaneo that Resolution 150 Accepting Improvements in Tract 2154 be adopted; second by Councilman Saich, carried 5 - O. 4,. The City Engineer recommended acceptance of the agreement with Dante Salera for the improvement of his lot on South Highway 9. Moved by Councilman Saich that the Mayor and the City Clerk be authorized to sign the agreement; seoond by Councilman Wilson, carried 5 - O. Agreement provided for improvements to be complete in one year. Moved by Councilman Lazaneo that the Mayor and the City Clerk be authorized to sign the improvement agreement with Mr. & Mrs. Zarko; second by Councilman Wilson; carried 5 - O. Moved by Councilman Lazaneo that the Mayor and City Clerk be authorized to sign the agreement with Jack Lyddon (re. property northwest corner Vlstaand Stevens Creek Blvd); second by Councilman Saich, carried 5 - o. 5. Moved by Councilman Saich that the City Engineer be authorized to open the Miller Avenue paving bids on June 29 and award the contract to the lowest responsible bidder if the bid does not exceed ~5000.0~ Second by Councilman Wilson, carried 5 - o. - 4 - 6. Mr. Fleming was authorized to attend the County Planning Commission meeting of June 17 in order to represent Cup~rtino at the Greenbelt hearing of the Okamura property which happens to be situated in Cuperti:1o &nn,~x3tiot1 "Bubb No.2". 7. Moved by ':'onncilmsm Lazaneo that Resolution 148 be adopted, Reçuesting The State of California Division of Higr'.~¡"':rs To licquire A Certain Right of Way On 'rhe Hest ,:;ide of State Route 114. Second by Councilm8TI Wilson, csrried 5 - O. 8. The P.lcetlnf, ki.th Su."nyvale concerning the width of Homesl.;esd L02d ¡Ü ,-loe expedited. F. :!ieport ~9.J:_.)l~:::'::Sè.s1:(i..GLÇ'?;:;,!Ü,s..¡~':'S'l~.J:: Counuil~3~ F210qi br1efsd the Council on the need of a place to assf'\J:ble L'¿<r bcd',e,s for neighborhood youths interested in a :,~\l'tjn:e of th3t sort. He suggested the old building at the southeast corner of Stelling and Stevens Creek Blvd. (::ited by Fire ~jarshal for rezoning or repair). Moved by Councilman Lazaneo that the Recreation Commissioner be authorized to acquire a location, within the limits of the budget, for the automotive minded youth of Cupertino. Second by Councilman Wilson; carried 5 - O. G. Report on Smo~ Control None H. Report of Ci~y Treasurer 1. Traffic fines for the month of May - Cupertino share, $1,013.48. , 2. Revenue of current fiscal year: July 1, 1958 to June 8, 1959 totals $201,060.68. VIII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption 1. Ordinance No. 90 - Rezoning 5 lots to C-I-H, Idlewild Subdivision. Given first reading. 2. Ordinance No. 91 - Rezoning 7 acres from A-2:B-4 to R-l; Excell & Son; west side of Highway 9. Given first reading. 3. Resolution 150 - Accepting Improvements in Tract 2154, Idlewild. See VII-E-3, page 4. B. Miscellaneous 1. Moved by Councilman Pelosi that the City Engineer, after conferring with the Planning Consultant, be authorized to draw a plan for the quadrant bounded by Homestead Road, Stevens Creek Blvd, Highway 9 and Stevens Creek. Second by Councilman Lazaneo, carried 5 - O. 2. Councilman Lazaneo questioned the positio~ of a large tree on South Blaney Ávenue in front of the R. Larson property. He called attention to the difference of road width between the Idlewild Tract and the undeveloped property to the south. Such trees may prove to be a traffic hazard, he said. 3. Further steps were requested toward the dumping violation on Bollinger Road. 4. Underground utilities were discussed by Councilman Wilson, with the issue referred to the Planning Commission for a recommendation on the subject. - 5 - The Council is interested in a feasibility study involving the comparative costs, benefits, locations, etc. IX NEW BUSINESS A. City Mana~er Ordinance. Referred to next agenda. X dDJOURNMENT - 1l:15 P.M. Respectfully submitted, t' , (.- . :-Q....vW-«..~ ,. '\. ~ Lawrence K. Martin ildministrator-Clerk - 6 -