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CC 05-18-59 IV V p. O. Box 597 CITY OF CUPERTINO CUPERTINO, CALIFORNIA Al 2-4505 Place: Time: 10031 Saratoga-Sunnyvale Road 8:00 P.I'!. ,.Ii 'f; I I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Councilmen Absent: Lazaneo, Nathanson, Saich, Wilson Pelosi III MINUTES OF THE PREVIOUS MEETING OF MAY 4, 1959, were approved after the following corrections: VI-B, Change "Bighway 9" to "}1iller Avenue". VI-C-l-line 1, change "San Jose" to "County"; the motion in VI-D-2 was changed to include "waiving the $100 fee"; VI-E-8, change "during" to "start" ORAL COMMUNICATIONS 1. Charlie Baer told the City Council that he was obliged to pump out his septic tank when installing the sewer line and asked whether this is a uniform requirement? The Council referred the matter to the BUilding Inspecto~ for a report. PROTESTS, WRITTEN COMMUNICATIONS 1. Division of Real Estate: Final subdivision public report on Tract No. 1960 - Corte Madera Highlands. The sub- divider advises that he is in the process of selling Lots 29 - 49 inclusive to the State Division of Highways and, accordingly, will not install streets nor will he have water mains extended to serve these lots _ although the sewer system has already been installed. 2. Leo F. Piazza: Asking City to cancel a portion of the Corte Madera Highlands Subdivision, thus releasing the indemnity company from the bond on which Piazza has paid the premium. The matter was referred to the City Attorney for determination of the steps by which to abandon the subdivision. 3. Peace Officers Association: Recruitment Standards). 4. Inter City Council: Notice of proposed amendment to be voted upon at the June 4 meeting. It would alter the meeting sChedule so that the whole Inter City Council would meet in the first Thursday of each month, thus abolishing the Mayor's committee. Moved by Councilman Lazaneo that Cupertino oppose the amendment; second by Councilmen Wilson, carried 4 _ o. 5. ~ue of CRlifornia Citjps: Legislative bulletin of May 11, with a digest of AB 2647 which would repeal thë Uninhabited Annexation Act of 1939, with the result that cities would be prohibited from annexing territory until it had become developed and inhabited. Will be heard by the Assembly Committee on Municipal and County Government on June 4. george & Edward Yamaoka: building on the east side clusion of the harvesting Re AB 1448 (Training and .. Letter agreeing to remove his of Portal Avenue at the con- season, December 1, 1959. 7. C. R. Timpany, County Superintendent of Schools: Citizens Committee For Children and Youth will meet May 20 in the County School Department, 2320 Moorpark Avenue, in preparation for the Santa Clara County report to the White House Conference. VI REPORTS OF OFFICERS AND COMMISSIONS A. Attorney'S Report 1. Letter from Bank of America requesting a certified statement by the cities overlapping the El Camino Hospital District concerning their outstanding general obligation bonded debt. Upon the advice of the City Attorney, Councilman Wilson made a motion to reply stating that Cupertino has no outstanding bond debt; second by Councilman Saich and carried 4 - O. 2. Attorney for Neville Woodruff, et al: Requesting official City commitment to return dedicated right of way to Woodruff, et al, in the event that the State of California institutes condemnation proceedings for the widening of Highway 9 thru Cupertino. Mr. Anderson said he had no authority to make such a commitment. A subrogation agreement has been discussed by the City but the decision was to take no action due to the widening and signal work now in process on Highway 9 at Homestead Road. The Mayor referred the question to the City Attorney for further study. 3. The pledge of securities by the First National Bank of Cupertino was cleared for signature by the City Attorney. 4. League of Cities: Telephone franchise tax. Amendments to SB 1196 impose an annual tax on telephone companies of 2% of the annual gross revenue derived from business within the state. One percent of the money would be retained by the state and the balance would be distributed to cities and counties on a population basis. Mr. Anderson suggested that the Council consider for passage a resolution endorsing SB 1196. So moved by Councilman Saich, second by Councilman Lazaneo, carried 3 - 1; Councilman Wilson opposed. 5. Ordinance 2A provides the procedure for making appeals to the City Council from the decisions of recommen- dations of the Planning Commission. Some doubt arises whether consideration by the City Council of an application for a rezoning which has been denied by the Planning Commission automatically comes to the City Council for hearing, Since the City Council alone can grant a rezoning through the adoption of an ordinance it could be considered the bOdy of first instance, Mr. Anderson Said. B. Re20rt of Road Commissioner No report, C. lieport oUol1ce and Fire Ch.1ef ~!o report. G, ælannin~mmission Report. J. 'l'he Chairman appointed Commissioners Benetti and Rodrigues to study the tree planting matter and report back with a recommendation. 2. It was decided to require a representative of Rousseau Company to appear before the Planning - 2 - Commission with an explanation, and satisfactory solution, for a short driveway and set back at 19840 La Mar Drive. 3, Moved and carried that a hearing be set to determine whether the poultry ranch at 20860 McClellan Road is entitled to continue in business. 4. Moved and carried that the Excell application be approved, rezoning the property. Moved and carried that the tentative map be approved, waiving the sidewalk along the entrance road and the street adjoining the commercial property. 5. Oliver Rousseau application to rezone to commercial, five (5) lots for parking purposes. First hearing held. 6. Moved and carried that the Yee and Weaver application to rezone "Yeeland Heights No.2" be set for another hearing by publication. 7. Dick Yee and Ralph E. Weaver: Application to rezone Tract 1181 to allow 4-plex structures in place of duplex; Calabazas Creek and south side of Stevens Creek Boulevard. Moved by Commissioner Leonard that the Planning Commission recommend to the City Council the passage of a new ordinance on multiple dwelling houses embodying the general principles for R-l, basic lot size of 7.500 sq. ft. plus 1,000 sq. ft. for each additional unit with an overall credit of 5% for the use of curvilinear streets effecting 50% or more of the lots; second by Commissioner Rodrigues and carried 6 - O. The City Council decided not to adopt any rezoning ordinance prior to July 1 when the overall zoning regulations are expected to be set for public hearing. Council will decline to take action which would bring the two applications by Yee and Weaver within the terms of the existing ordinance, E. Report of City Engineer 1. Paving Miller Avenue: No report as the Engineer is compiling figures to show how much gas tax money the City has available for maintenance and construction, 2. Resolution 139 - Accepting Grant of Real Property From Trojan Construction Company Reading held. Moved by Councilman Lazaneo that Resolution 139 be adopted; second by Councilman Wilson and carried 4 - o. 3. Rezoning the northeast corner of Homestead Road and Highw8Y 9. The improvement plans have been checked; other requirements for rezoning have been met, said Mr. Fleming. 4. County Boundary Commission has approved the map of Bubb No. 2 and the necessary petition herewith sub- mitted to the City Council. Resolution No. 141 was read Giving Notice Of The Proposed Annexation Of Certain Uninhabited Territory to The City Of Cupertino Describing Said Territory And Designating It By The N8me Butb No.2: Making Certain Findings Respecting Said Proposal: And Giving Notice Of Time And Place Said Council Will Hear Protests Thereto. Moved by Councilman Wilson that Resolution No. 141 be adopted, second by Councilman Lazaneoj carried 4 - O. - 3 - \ ".'.', "1' 5. Stevens Creek No. 2 annexation requires a petition and will be ready for the next Council meeting, 6. City of San Jose has requested an encroachment permit to run a storm drain along McClellan Road through the City of Cupertino and down to Highway 9, then over to the flood control channel adjacent to Silverado Avenue. Purpose is to serve Tract 2335. Moved by Councilman Saich that the City Engineer write San Jose that Cupertino has already built part of the storm drainage in question; that Cupertino will extend the line, maintain it, etc.; and that San Jose can connect to the drain pipe under the same conditions offered to Cupertino in their letter, i.e. $720 per acre; second by Councilman Wilson and c3rried 4 - o. 7. Mr. Fleming requested permission, on behalf of Mark Thomas & Company, to use a part of the City Hall for office space. This would be a portion of the other half of the building, recently obtained. The space is requested for a limited period, perhaps three months. F. Report of Recreation Commissioner Absent G. Report on Smog Control None H. Report of City Treasurer Absent VII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption 1, Resolution 137 - Taking A Position In Support Of Supervisorial Reapportionment In Santa Clara County. Reading heald. Moved by Councilman Wilson that Resolution No. 137 be adopted; second by Councilman Lazaneo, carried 4 - O. 2. Resolution 138 - Setting Policy On Fireworks Permits. Reading held. Moved by Councilman Wilson that Resolution 138 be adopted; second by Councilman Saich, carried 4 - O. This limits fireworks stands to four within the City. 3. Ordinance 88 - Rezoning northeast corner of Homestead Road and Highway 9. Second reading. Moved by Councilman Wilson that full reading of Ordinance 88 be waived by unanimous consent; second by Councilman Lazaneo and carried 4 - O. Moved by Councilman Lazaneo that Ordinance 88 be adopted; second by Councilman Wilson and carried 4 - O. Moved by Councilman Saich that the Mayor and City Clerk be authorized to sign the oontract (Improvement Agreement) in connection therewith; second by Councilman Lazaneo and carried 4 - o. 4. Resolution 140 - Re Painting Code. Moved by Councilman Lazaneo that Resolution 140 Endorsing The Painters Code be adopted; second by Counoilman Wilson, carried 4 - o. 5. Resolution 143 Moved by Councilman Saioh that this Resolution be adopted; seoonded by Councilman Lazaneo and carried 4 - 0, rejecting the proposal presently advanoed in the California Legislature that the Santa Clara Valley Water Conservation District be dissolved and its functions transferred to the Board of Super- visors of this County, - 4 - B. Financial Report òn Proposed Water Works J. B. Hanauer, through its representative, Robert BUlotJ recommendE a revenue bond issue of $1,000,000, with ~845,OOO to be placed for sale upon passage, the remainder to be retained for Bale at a later date. So doing, the surplus is calculated by Bulat at $39,429 in the first year after all operating expenses, debt ser- vice, interest, etc. In 1984 the City will have accrued $1,453,390 net. The financial report contained a summary which anticipated that at the time of acquisition there will be sufficient water supply and pumping equipment to supply approximately 3000 conµections. The bond issue in the amount of ~845,000 or $1,000,000, would provide funds for the acquisition of the Alves Water System and the Water Works of Monta Vista including all of pro- fessional fees, bond issuing expenses, and incidentals. The profits stated would be over and above the amor- tization of the Monta Vista Water Works. Moved by Councilman Saich that the City Attorney be authorized to draft a contract to purchase the Monta Vista Water Works, in effect taking an option until the passage of a bond issue through election, with the Mayor and City Clerk authorized to sign same; second by Councilman Lazaneo and carried 4 - O. The Mayor said that the Water Conservation District is expected to purify water supplies anticipated for the West Valley. C. Sign Ordinance The hearing was declared open by the Mayor. No member of the public being present to discuss the Ordinance, moved by Councilman Lazaneo, second by Councilman Wilson that the hearing be closed. Carried 4 - 0. D. Miscellaneous 1. The second piece òf property west of Blaney Avenue on Bollinger Road, north side, is being used to store and sell firewood in violation of the zoning regulations. Council requested abatement. 2. Property on the north side of Bollinger Road opposite Arlington Avenue is still being used for dumping. Council requested that the Fire Marshal be notified of a possible fire hazard, as a step in correcting this nuisance. VIII NEW BUSINESS A. Miscellaneous 1. Councilman Lazaneo proposed that Cupertino hire a City Manage~ and inquired of the City Attorney the procedure for investigating this matter. It was decided to secure several City Manager Ordinances for the purpose of study, The Mayor named a committee of Lazaneo, Wilson and Attorney Anderson. 2. Moved by Councilman Saich that Otis Forge be reimbursed $100, the sum that he advanced toward the Alves Water System; second by Councilman Lazaneo, carried 4 - O. PAYING BILLS Moved by Councilman Wilson that warrants 706, 725, 743 and 753 - 765 be paid; second by CounCilman Saich and carried 4 - O. ADJOURNMENT Meeting adjourned to 8:00 P.M., Tuesday, May 26. - 5 -