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CC 04-20-59 p. O. Box 597 ""' C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL APRIL 20, 1959 Al 2-4505 Place: Time: 10031 Saratoga-Sunnyvale Road 8:00 P;M. SALUTE TO THE FLAG I II ROLL CALL Councilmen Present: Councilmen Absent: Lazaneo, Nathanson, Saich, Wilson Pelosi III MINUTES OF THE PREVIOUS MEETING OF APRIL 6, 1959, were approved as read. IV ORAL COMMUNICATIONS 1. Dr. Salera re Improvement Plans of Cupertino Medical- Dental Center. Mr; Salera decided not to appear before the Council. V PROTESTS, WRITTEN COMMUNICATIONS 1, Freeway Design Committee: Communication requesting the adoption of a Resolution recommending design standards for Junipero Serra Freeway. Moved by Councilman Saich that the suggested Resolution - No. 131 - be adopted by the City of Cupertino; second by Councilma~ Wilson and carried 4 - O. 2. State Department of Employment: Requesting City to issue proclamation announcing May 3 - 9 as "Hire a Veteran Week." 3. League of.California Cities: Bulletins of April 6 and April 17 describing bills sponsoring collective bar- gaining for public employees and taking a position oppos ing same. 4. Peace Officers Association: Proclaiming anti-burglary week and outlining precautions to prevent burglary. 5. County Boundary Commission: Latest annexations within 3 miles of the City of Cupertino. Blaney No. 4 to San Jose Moorland No. 17 to San Jose Homestead No. 26 to Santa Clara Homestead No. 27 to Santa Clara 6, League of California Cities: Brown Act extended to committees. AB 2181 would extend the public meeting requirements and special notice for special meeting provisions of the Brown Act to "committees or advisory committees of local governing bodies." The Council requested that Assemblyman Bradley be advised that Cupertino is opposed to this bill. 7. County Fire Marshal: A. Inspection of the Cupertino Beauty Shop, 10348 North Highway 9, disclosed violation of the County Fire Prevention Code. B. Inspection of the Kurt Ross Woodworking Company at 22258 Homestead Road disclosed violation of the County Fire Prevention Code, C. Inspection of the Do-Nut Wheel, 10250 North Highway 9, revealed violation of the County Fire Prevention Code. D. Inspection of alenwood Plumbing at 22260 Homestead Road revealed violation of the County Fire Prevention Code. E. Inspection of the Cupertino Courier, 20304 Stevens Creek Road, disclosed violation of the County Fire Prevention Code. F. Inspection of the Cupertino Youth Center, Mariani AveTIue, disclosed violation of the State Health & Safety Code. G. Liability notice to Jack R. Lyddon relative to violation of the County Fire Prevention Code, namiTIg Old Cupertino Elementary School building. H. Liability TIotice to Cupertino Realty & Insurance Agency describing violation of the County Fire Preven- tion Code, naming premises at northeast corner of South Highway 9 and Silverado Avenue - laborers dwelling, 8. A. P, HamaTIn, San Jose City Manager: Financing study of the DeLeuw Cather plan. 9. D. J. Sedgwick: Letter opposing the proposed cement batching plant near Homestead Road. 10. City of Sunnyvale: Letter asking adoption of resolution similar to that enclosed, endorsing the reapportionment of the County Supervisorial Districts. The Council authorized the City Attorney to prepare a similar resolution for the City of Cupertino. 11. County Chapter of the National Safety Council: Facts concerning the 1958 inter-plant safety contest. 12. Sheriff's Department: Traffic accident summary and traffic violations cited, month of March, 1959. 13. University of California: Seventh annual conference on City and Regional planning. Referred to Planning Commission. VI REPORTS OF OFFICERS AND COMMISSIONS A. Attorney's Report 1. Poultry Plant at 20860 McClellan Road Mr. Anderson's letter on the subject noted that the property is zoned R-l:B-2 and that the City has never issued a use permit for the property. He concluded that there is no application before the Planning Commission or the Council and until such time the position of the City would be that this is a strictly residential area with no other uses permitted. 2. The option for the purchase of the Alves Water System has been prepared and is in the hands of Alves' Attorney, 3. After conferring with the Building Inspector and considering the fact that manuals and manufacturers specifications are provided for the installation of vitrified clay pipe and ether type of pipe, the City Attorney recommended that the Plumbing Code remain as is since it appears to provoke no problem at the present time. Administrative discretion can be used to determine the type of pipe required. B. Report of Road Commissioner 1. Equipment temporarily out of service has caused a delay in the road striping which had been ordered. 2. Patch work is scheduled for North Stelling Road and South Stelling Road, approximately one days work each. - 2 - C. Report of Police and Fire Chief No report; however, Councilman Wilson discussed the means of stopping the trash and refuse dumping. The Mayor said he would contact the Sheriff on the subject, and newspaper publicity was requested to inform the public that County Ordinance and State law provide a reward for information leading to the arrest and con- viction of "litter bugs." D. Planning Commission Report 1. Cupertino De Oro Club: Moved and carried unanimously that the application for rezoning to C-I-H plus a use permit be given the recommendation of the Planning Commission. 2. Racanelli & Duvaras: Moved and carried unanimously that the Planning Commission recommend R-3-H to the City Coun0il for the subject property with the exception that the first lot be made R-2-H and that a 40 foot roadway be constructed on the south end of the property, 3. Otis Forge: Motion to grant the application for M-2-H zoning on 3/4 acre, west of Highway 9, 1,000 feet south of Homestead, was defeated 5 - 2. 4. Dewey & Beatrice Nunn: The Commission decided to refer the matter to the City Attorney since the question appeared to resolve itself into whether or not the poultry plant did, in fact, cease. E. Report of City Engineer 1. Kensal Construction - street alignment - final map Although there is a seven (7) foot jog in Farallone Drive the City Engineer certified to the sufficiency of the map with regard to the Subdivision Map Act and the City Ordinances. The City Attorney informed the Council that the Subdivision Ordinance requires that the map be signed at the meeting following the day on which it is delivered to the City Clerk with the certificate of the City Engineer. Mr. Anderson called attention to the sewer liens filed against the properties on the subject map and compared this fact with the statements to be signed on the map itself declaring said property to be free and clear, etc. Councilman Lazaneo said he did not approve of this procedure being placed in effect at the time a final map is before the Council. Councilman Wilson advised that the City Engineer be authorized to sign the map when the title report is ready. Moved by Councilman Lazaneo, second by Councilman Saich that Farallone Drive be accepted as shown on the map of Tract 2377; carried 4 - O. After some discussion the Council voted adoption of Resolution 132 on motion of Councilman Saich and second by Councilman Lazaneo; carried 4 - O. This resolution approves final map of Tract No. 2377, Country Life Village, Unit No.1, Accepting Certain Drives And Avenues; Authorizing The City Engineer and City Clerk To Sign The Final Map; And Authorizing Agreement In Connection Therewith. The Council instructed the City Engineer not to sign the final map until a clear reporth'Js been received from the title company. - 3 - 2. The City needs a temporary construction easement on the Maggio property along the west side of Blaney Avenue. Moved by Councilman Lazaneo that Maggio be paid $126 for the loss of 12 trees in securing this temporary construction easement; second by Councilman Wilson and carried 4 - o. 3. A representative of the State Water Pollution Board has returned the City application for surplus water since improvement plans for a water system were not submitted. Such a resolution is supposed to be accompanied by the plans, data, etc., required to commence operation of a municipal water works. 4. The rezoning of the De Oro Club will be subject to the specifications of the State Division of Highways. The rezone area and subsequent improvement plans will be drawn in conjunction with the channelization and signalization of the intersection. F. Report of Recreation Commissioner Absent G. Report of Health Commissioner - Smo~ Control None H. Report of City Treasurer Absent VII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption None B. Tree Plantin~ Policy The City Attorney referred to Section 12:2:j:l and 2 of the Subdivision Ordinance and said these provisions should be enforced. The clauses describe provisions for the removal of trees. Councilman Lazaneo expressed his intention to develop further facts in the matter, along with Council- man Wilson. C. Miscellaneous 1. Councilman Wilson turned the discussion to utility poles and aSked clarification as to their location, It was decided to investigate the costs of under- ground conduit in the downtown area. 2. Upon request of Mr. Larry Watson, for a fireworks permit, the Council instructed the City Attorney to prepare a Fire Works Ordinance and they also agreed to limit the number of fireworks stands to four (4), by Resolution. VIII NEW A. BUSINESS Appointment of Mayor It was agreed to defer the appointment of a Mayor until the entire Council is present. Miscellaneous 1. George F. Farrier introduced himself as the new County Librarian and offered the services of his department to the City of Cupertino 2. A work session was scheduled for Thursday, April 23 at 4:00 P.M. in the City Office. IX PAYING BILLS Moved by Councilman S~ich that warrants no. 717 to 722 be approved for payment; second by Councilman Lazaneo and carried 4 - o. B. - 4 - X ADJOURNME~~ at 10:30 P.M. Meeting reconvened momentarily: Councilman Saich moved approval of $180 monthly rent for the use of the entire building now housing the City Office; second by Councilman Wilson and carried 4 - o. SPECIAL MEETING OF THE CITY COUNCIL APRIL 23, 1959 Pl"lce: Time: 10031 Saratoga-Sunnyvale RO"ld 5:00 P.M. I Moved by Councilman Saich that the Mayor be empowered to execute the "Amendment of the ;,greement For State Administration of Local Sales And Use Taxes" as sub¡nitted by the State BOArd of Equalization in their correspondence under date of April 3; second by Councilman Lazaneo and carried 4 - o. II Moved by Councilman Wilson that the Mayor be empowered to talce up the option for the Stevens Creek - Cupertino pipe line known as the Alves Water System and that the City Treasurer be authorized to sign warrants 723 and 724 for $2,500 and tsoo respectively to John F. and Mary Alves, and John H. Machado, Attorney; second by Councilman Saich and carried 4 - 0< III ADJOURNMENT at 5:10 P.M. Respectfully submitted, I {"-"..- ,,,,, ", 1 "........J....... .----.......~ / ,'-, I \( (t/~~. Lawrence K. Martin Administrator-Clerk