CC 06-05-59
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
JUNE 5, 1959
Place:
Time:
Teachers Room, Collins School, Vista Drive, Cupertino
8:00 P.M,
Moved by Councilman Wilson that payment of bills be
made the first order of business; second by Councilman
Saich and carried 5 - O.
Moved by Councilman Saich that the pertinent ordinance
be amended to make the paying of bills No. IV on the agenda;
second by Councilman Lazaneo and carried 5 - o.
VI REPORTS OF OFFICERS AND COMMISSIONS
E. Report of City Engineer
1. Paving Miller Avenue:
The school portion of the paving is complete
except for the transition to the existing pavement.
The City commitment to pave 10 feet on the east side
of the Avenue can be met in two ways. A good and
permanent pavement will cost the City about $4,600
and would secure a road section comparable to the
school pavement. A job in the nature of temporary
repair would cost around $1,195 but would not be
lasting.
Moved by Councilman Lazaneo that the City put a
plant mixed road surface to bid for 919 feet of
Miller Avenue according to the specifications of the
City Engineer; second by Councilman Saich and carried
5 - O.
2. Upon receipt of the Engineers response to their
application for aD encroachment permit along
McClellan Road, San Jose requested a joint meeting
with Flood Control. It was concluded by the Flood
Control representative that the cost of the con-
templated storm drain pipe should be borne by the
3 agencies involved by dividing the area into 3 parts
and calculating the proportions by the number of
acres uSing or draining into the pipe.
The Mayor and Council took the position that the
drainage is emptying into the City of Cupertino and
that this City should be able to maintain control of
the public works. The Engineer was instructed to
negotiate on the same basis.
3. The Cupertino street plan lists Homestead Road as
90 feet, including 2 ten foot walks and a median
section.
Mr, Fleming reported that the State is designing
a bridge over Homestead Road for Route 114 and requests
City curb lines,
Since the City of Sunnyvale controls much of
Homestead Road and has designated the right of way
to be 64 feet, a letter to the City of Sunnyvale
was authorized requesting a joint meeting with that
agency on the subject of Homestead Road and Mary
Avenue.
Councilman Wilson favored a 90 foot road where
possible and saw no reason to reduce Cupertino plan
lines because other sections of the road will be a
lesser width.
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4. Cupertino is supposed to acquire the right of way
on the west side of Highway 9 før a 1000 feet ±
at the intersection with Homestead noad. The State
has agreed to acquire the necessary property on the
east side. Since Cupertino has already gotten a
commitment ~or the dedication o~ the Cupertino De Oro
frontage, Councilman Saich moved that Cupertino offer
the right of way along the De Oro Club in exchange
for the right of way along the Mariani property on
the west side of Highway 9, thus shifting the
obligation of acquisition; second by Councilman
Lazaneo and carried 4 - 1, Councilman Pelosi opposed.
5. Jack Lyddon appears to have completed the requirements
for rezoning (to a depth of 400 feet, corner of
Portal and Stevens Creek). Council referred the matter
to the Planning Commission for them to decide whether
Lyddon has met the requirements.
6. Accepting A Grant Of Real Property From City Title
Insurance Company - Resolution No. 144. Moved by
Councilman Lazaneo that Resolution 144 be adopted;
second by Councilman Wilson, carried 5 - O.
F. Report of Recreation Commissioner
No report.
G. Report on Smog Control
No report.
H. Report of CiJ;L Treasurer
1, First National Bank of Cupertino: Pledge of
securities.
2. Board of Equalization: Sales tax accrued from
March 6, 1959 to April 6, 1959 = $1,004,79.
),. County of Santa Clara; April 10 allotment of City
property tax totals $2,662.75,
4. Building Inspector: Valuations to date (see page 2).
VII UNFINISHED BUSINESS
A. OrdinaY),qes and Resolutions for Adoption.
1. Ordinance No. 89 .. Sign Ordinance
Moved by Councilman Saich that a full reading of
Ordinance No. 89 be waived by unanimous consent;
second by Councilman Lazaneo and carried 5 - O.
Moved by Councilman Saich that Ordinance 89 be
adopted; seconded by Councilman Lazaneo and carried
5 - O.
2. Resolution ,No. 145 - Supporting SB 1196, Telephone
Franchise Tax.
Reading held, Moved by Councilman Lazaneo that
Resolution No. 145 be adopted; second by Councilman
Saich and carried 4 - 1, Councilman Wilson opposed.
J. Moved by Councilman Lazaneo that the City Attorney
be instructed to prepare a prospective Ordinance
governing a City Manager; second by Councilman Saich
and carried 5 - O.
B. Miscellaneous
1. Councilman Lazaneo requested clarification of the two
neighborhood plans in existence.
Mr. Bell, Chairman of the Planning Commission,
spoke from the floor to say that the Commission con-
siders these plans as a guide only to future develop-
ments and feels that it is impossible to set
inflexible rules. He termed excellent the idea of
endorsement.
Moved by Councilman Lazaneo that the Council
approve in principle the design of the two neighbor-
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hood plans; second by Councilman Wilson and carried
5 - O.
2, The Building Code provides that t'1e Inspector issue
the permits and determine that th~ City (building)
ordinónces are enforced.
Hr. Anderson said that the B\ ilding Inspector
has no independent power. He al :0 said that the
State Code limits the power of C.ties within the
building site so that numerous iacidentals are not
subjeot to municipal government.
The Mayor wished to explore the posSibility of
placing the Council as well as the Building Inspector
on immediate notice of Planning Commission actions.
Counc llman Lazaneo took the Position that once
the Planning Commission, Engineer and Building
Inspector clear a site the matter should not go to
the Citý Council which has more important things.
However, rou~cilman Pelosi said that if a legitimate
protest is received by the Building Inspector, the
permit should be stopped until adequate review could
be made.
The C0nsensus seemed to be that the Planning
Commission should act as a site review committee to
render a decision on such questions.
3. In reEponse to a question, Mr. Fleming said that the
imprúverrent plans for the northeast corner of
Highway ? and Stevens Creek Road would be at the next
meeting.
4. Councilman Pelosi broached the subject of amending
Ordinance 47 in view of the result of the Fred Cali
building permit application. It was decided that
Ordinance 47 contains a clause which enables the
City Planning Commission or Council to waive or alter
the contents when in its discretion such action seems
necessary,>
5. Co~m(;nman Lazaneo moved that the City Engineer con-
tsr;t +:r,e County and Cj.ty of Sunnyvale concerning
storm drsinage 810ng Homestead Road, and Highway 9
adja~Ent to Garden Gate, also Highway 9 to the
vicinity of \rJestacres; second by Councilman Saioh
and o~rricð 5 - o.
6. Counoilman Pelosi asked to see maps of the sewer
pipes contemplated for Rodrigues Avenue.
VIII
SEE PAGE 5
PAYING BILLS
Moved by Councilman Saich, second by Councilman Wilson
that warrants 73L~ to 796 be approved; carried 5 _ o.
IX
'T
ADJOURNMENT - 10:45 P.M.
Respectfully submitted,
~.~~
awrence K. Martin
Administrator-Clerk
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