Loading...
CC 05-04-59 p.o. Box 597 Al 2-4505 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MAY 4, 19.59 Place: Time: 10031 Saratoga-Sunnyvale Road 8:00 P.~1. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: La~éneo, Nathanson, Pelosi, Saich, Wilson Councilmen Absent: None III MINUTES OF THE PREVIOUS MEETING OF APRIL 20, 1959, were approved after the following corrections: VI-B-2, delete "each"; VI-D-heading, add "of April 13"; VL-E-line 19, change "advise" to -suggested"; VII-C-2, change "Ordinance to Resolution". IV ORAL COMMUNICATIONS 1. Ivan Meyerholz, representing Cupertino De Oro, said the club will pay the storm drainage fee to the City and the Standard Oil Company will meet the remaining conditions. Due to the impending signal and roadway improvements by the State Division of Highways, the City Engineer recommended, at the previous meeting, a delay in the improvements and the corresponding agreement between the City and the Cupertino De Oro Club or lessee. Following discussion over policy and procedure, Ordinance 88, rezoning the northeast corner of Homestead Road and Highway 9, was given first reading. Moved by Councilman Wilson that hereafter 20 maps be required of the subject area by applicants for rezoning; second by Councilman Saich and carried 5 - O. 2. William p. Nelson, Industrial Relations Advisor repre- senting the Painters and Decorators Joint Committee, presented the Council with &. copy of the Resolution recently passed by the County Board of Supervisors, recognizing the steps being taken by the painting industry to assure the buying public of better painting jobs. Also enclosed is a copy of the Code of Ethics adopted by the painting contractors. The Council agreed to place a similar resolution on the next agenda. 3. Dr. Salera, from the Cupertino Medico-Dental Center on Highway 9, raised the question of improvements for his newly acquired frontage on the highway. He requested City permission to post a bond in lieu of the physical improvements, on the grounds that it is a financial burden and economically unsound to pave such a small distance of roadway. In response to Councilman Pelosi's statement that he considered the policy on the subject already set, namely that the improvements are required at the time of construction the City Attorney advised against accepting dedication of unimproved land. The Subdivision Ordinance reqvires such improvements as street, gutter, curb, side- ~1alk, etc. The matter was closed with the decision that improve- ments must be installed prior to the issuance of a building permit. V PROTESTS, WRITTEN COMMUNICATIONS 1. Santa Clara County Committee for UNICEF: Acknowledgement of proclamation. 2. League of California Cities: Announcement of dinner meeting May 21. 3. League of California Cities: Analysis of the Golden Gate Authority, SB-576. 4. c. J. Sweeney: Request to operate an amusement concession in the City limits, 5. Peninsula Policy Highway Committee: Meeting held on April 30 with the State Highway Commission concerning beautification cf Junipero Serra Freeway. 6. League of California Cities: Legislative bulletin on the subject of collective bargaining, carnivals and circuses, taxation of publically owned utilities (gas or electricity), and gas tax for City streets. 7. City Engineer: Copy of letter to State Highway Commission urging consideration of common problems such as drainage, frontage roads, etc., during the design stages of Route U5. 8. Pacifio Tel & Tel: Invitation to luncheon on May 14 plus tour of rilpine Central Office. 9. Building Inspector: Monthly report. Total estimated value for the month of April is $328,225. 10. Sa~ Jose Chamber of Commerce: Bulletin concerning proposed port of San Jose. 11. Sheriff: Personnel roster of San Jose area. VI REPORTS OF OFFICERS AND COMMISSIONS A. Attorney's Report 1. An answer has been received from the District Attorney stating that his office has never taken steps to abate the silting of Stevens Creek by the quarry operators. 2. The option on the Alves Water System has been recorded. 3. Resolution No. 137, T9king A Position In Support Of Re9pportionment Of Supervisorial Representation In Santa Clara County, will be distributed to the City Council and placed upon the following agenda. 4. Resolution No. 138, Setting Policy On Fireworks Permits, will be distributed to the City Council and p19ced on the following agenda. B. Report of Road Commissioner The City Engineer reported that a transition is necessary between the paved and unpaved sections of Miller Avenue. Possibility of repairing this deficiency with gas tax maintenance money was considered if it is determined that it is the responsibility of the City. Mr. Fleming was requested to report on this matter at the next meeting. The City has already agreed to pave a 10 foot wide strip on the west side of Highway 9 plus 5 feet on the east side. The School District has authorized a contractor to alter the grades at the south end of Miller Avenue to conform with the revised set of plans prepared by Ruth and Going. - 2 - C. Report of Police and Fire Chief 1. The Mayor reported meeting with L. T. Smeltzer, San Jose Traffic Engineer, concerning Blaney Avenue. San Jose is installing stop s1gns at the intersections along South Blaney. They reðOmmend that the street be classed as an arterial road with a speed limit of 35 MPH, by Resolution. D. Planning Commission Report - Meeting of April 27. 1959 1. The Commission decided that owners seeking building permits along the R-3-H zone of North Highway 9 should appear before the Planning Commission. 2. Moved and carried that the owners operating existing commercial and light industrial uses along North Highway 9 be advised that the Planning Commission will initiate rezoning hearings if the property owners agree to follow City policy including the pay- ment of storm drainage fees, dedication of the necessary property, and the improvement of this pro- perty to City specifications. 3. First hearing was held on the application of Excell & Son to rezone 7 acres of orchard on the west side of Highway 9 from A-2:B-4 to R-l. Seventy-six hundred fifty (7650) lots are shown on the property located between Mariani Avenue and Lucille Avenue. Half street policy was discussed with the recommendation of the City Engineer being that Cupertino require full streets. However, the present application, with one half-street, waS given the reoommendation of the Engineer subject to the normal conditions. 4. Moved and carried that the Sign Ordinance hearing be closed and that the Sign Ordinance be submitted to the City Council with the recommendation of the Planning Commission as an urgency ordinance. 5. Moved and carried that a letter be dispatched to Dewey and Beatrice Nunn stating that the chicken business has been vacated, and referring to the regulations of the City Zoning Ordinanoe. 6. The Planning Commission recommended the following street improvement policy to the City Council: That the property owner on small parcels of land, at the discretion of the City Engineer, be allowed the alternatives of depositing money or performing the actual street improvements. 7. City policy on the continued acceptance of half streets was also explored, with the City Engineer reporting his recommendation that subdividers be required to oonstruct full streets with curb and gutter. E. Report of City Engineer 1. Resolution 133 - Approving Final Map of Tract 2157 - Silverado Avenue. Moved by Councilman Saich that Resolution 133 be adopted; second by Councilman Lazaneo and carried 5 - O. 2. Resolution 134 - Approving Final Map of Tract 2436 - Rodrigues Avenue. The City Attorney said he had received a phone call from Harold Denton, owner of a water line along the south side of Rodrigues Avenue, in which he held the City harmless from himself and successors in the matter of the water utility. Mr. Anderson considered this satisfactory protection to the City. - 3 - 3. Moved by Councilman Lazanec that Hesolut1on 1)4 be adopted; second by Counoilman Wilson and carried 5 - o. Resolution 135 - Accepting Easement Along West Side Of Blaney Avenue. Moved by Councilman Lazaneo that Resolution 135 be adopted, Being A Resolution Accepting An Easement For Temporary Roadwork Purposes From Vin~en~e Maggio and Domenica Maggio; second by Councilman Saich and carried 5 - O. Resolution No. 136 - Being A ~esolution Of The City of Cupertino Accepting Grants Of Real Pr~perty From Idlewild Improvement Company. Moved by Councilman Saich that Resolution 136 be adopted; second by Councilman Wilson and carried 5 - O. Moved by Councilman Lazaneo that the Oliver Rousseau Organization be reimbursed $1671.50 from the storm drainage fund~ second by Councilman Wilson and carried 5 - O. Final approval and acceptance of improvements - Tract 2153, Idlewild, Unit No.1. The Rousseau Organization has requested that the City Council entertain acceptance of Tract 2153 on May 4, transferring the remaining obligations on Blaney Avenue (Tract 2153) to their contract for completion of work in Unit No, 3, Tract 2155. After ~iscussion it was moved by Councilman Pelosi that the Rousseau request be granted; second by Councilman Lazaneo and carried 5 - 0, subject to the following condi tions: (1) That the protection of Unit 2 be extended to Unit 1 (2) No habitation of Blaney Avenue houses be allowed unless the ditch hazard is removed (3) That Rousseau comply with the conditions of the City Engineer's letter (4) That the developer take all responsibility for the contracts, and/or possible complications, with FHA, Electroliers with overhead"wiring cost about $300 per lamp. Electroliers with underground wiring and conduit cost about $700 each. The City Engineer gave these figures as requested at the previous meeting. The matter was referred to the Planning Commission, for study and a subsequent opinion by them concerning the feasibility of changing to underground utilities. In response to a letter from the Building Inspector, the City Engineer recommended that Mr. Benevich be authorized to hire an assistant inspector during May. Moved by Councilman Lazaneo that the Building Inspector be authorized to interview and hire an assistant inspector at a starting salary of $505 monthly with 5% increases annually to a maximum of $613 - plus a $50 monthly stipend for transportation; second by Councilman Saich and carried 5 - O. The City Engineer has called the attention of the Civil Engineers for Tract 2335 to the fact that no provision has been made to interoept the drainage along the south side of Kirwin Lane, between Grimm Street and Lonna Lane and also that the proposed 4. 5. 6. 7. 8, 9. - 4 - graae for Lonna Lane does not conform to the existing center line of the existing portion which is in the City of Cupertino. 10. The County Recorder has"received maps of Local Improvement Districts 1, 2 and 3 of the Cupertino Sanitary District so that the Title companies can recognize the liens against property. F. ReÐort of Recreation Commissioner 1. Councllmall Pelosi reported that attendance at the Saturday program has averaged 115 per week recently but that Collins School is due for remodeling during the summer necessitating a new location for a City recreation program. Possibilities are Cupertino School and Cupertino High School. Moved by Councilm&n Lazaneo that Councilman Pelosi place the recreation director in whatever capacity and whichever location he deems bestj second by Councilman Wilson and carried 5 - O. 2. Mr. Pelosi intends to secure further information con- cerning the Senate bill to tax subdividers for park sites. The Council requested that the League of Cities be contacted to determine the status of this bill, whether it is in committee or not. 3. He inquired about the next step in acquiring some of the park sites that have been designated on the neighborhood plan. Harry Nethery and Don Bandley are presently con- cerned with site acquisition for the School District which may be willing to work in conjunction with the City recreation program. G. Report on Smog Control No report. H. Report of City Treasurer 1. Sample budgets are available in the City files and work will commence shortly on the tentative budget for Cupertino. 2. County Controller: Traffic fines collected during the month of March for Cupertino totaled $1510.30. 3. Crocker Anglo National Bank: Description of securities pledged to cover the bank account of the City at First National Bank of Cupertino. 4. State Controller: Advance apportionment of Vehicle License Fee Revenue for the 1958-59 fiscal year; Cupertino - $6564. 5. State Controller: Estimate of apportionments of vehicle license fees for the 1959-60 fiscal year; Cupertino - $8900. VII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption None B. Tree Planting Policy Sample ordinances will be referred to the Planning Commission for study. John Rodrigues raised the quest10n of clearing subdivision land. He explained that the Air Pollution District requires permission of the County Agricultural Commissioner to burn the trees be1ngcleared from sub- division land. The trouble, he said, is that the subdivider must burn all or none of the trees and this prevents the builder from leaving certain trees which - 5 - C. might enhance a residential neighborhood. He suggested that thought be given to saving a few of the trees. Some of the Councilmen observed that subdivision trees do harbor pests and disease, and endanger orchards. Miscellaneous 1, Commercial Line Company claims it does not require a bus1ness license but the Council took the positlon that no exception could be made. B. BUSINESS Appointment of Mayor 1. The present Mayor declared the nominations open for the position of Mayor. Councilman Saich nominated N.J. Nathanson for Mayor; second by Councilman Lazaneo and carried 4 - 0; Mr. Nathanson abstained. 2. Councilman Saich was reappointed Mayor Pro-tem, Þ!1scellaneous 1, Councilman Lazaneo stated that the pedestrian cross- walks at the Post Office and the Catholic Church are a problem and suggested the pòssibility of a sign or signal, such as an amber blinker or a "stop for pedestrians" marker. The Mayor asked the City Engineer to discuss the subject with the State Highway department, 2. Councilman Wilson moved that the City make no zoning commitment on any property known to lie in a freeway path. After some discussion concerning Freewa~Agree- ments and Highway directives to inform the Division about building permits, zon1ng, etc., along the route of the Freeway, Councilman Wilson withdrew his motion. VIII NEW A. IX PAYING BILLS Moved by Councilman Wilson, seconded by Councilman Lazaneo that warrants 726 - 748 be paid; carried 5 - o. X ADJOURNMENT - 12:45 A.M. submitted, V<. ~.L Lawrence K. Martin Administrator-Qlerk - 6 -