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CC 03-16-59 P. O. Box 597 Al 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MARCH 16, 1959 Place: Time: 10031 Saratoga-Sunnyvale Road 8:00 P.M. SA LurE TO THE FLAG I II ROLL CALL Councilmen Present: Councilmen Absent: Lazaneo, Nathanson, Pelosi, Saich, Wilson None III MINUTES OF THE PREVIOUS MEETING OF MARCH approved after the following correction: "eng neer" to "Mark Thomas & Company". 2, 1959, were VII-E- 3, change IV ORAL COMMUNICATIONS 1. Robert G. Bulot represented J. B. Hanauer & Company in the presentation of their standard form of agreement setting forth the services to be performed by their firm in preparing a financial report of the proposed Municipal Water Works, and a voter information program including the successful merchandising of the bond issue. In reviewing the financing methods, Mr. Bulot expressed strong favor for the revenue bond plan. He estimated detailed figures could be ready within about 60 days. Moved by Councilman Wilson that the City authorize the Mayor to sign a contract with J. B. Hanauer & Company, as presented; second by Councilman Lazaneo and carried 4 - 1, Councilman Pelosi opposed. 2. John Racanelli represented Dr. Salera in protesting one of the conditions to the issuance of a building permit for a proposed addition to the Cupertino Medical- Dental Center on Highway 9 south of Rodrigues Avenue, Largely on the ground that the highway as a whole is not likely to be widened in the foreseeable future, Racanelli requested that the highway improvements be deleted as a condition. The City Attorney cited sections of Ordinance 002 which provide the City with power to establish such conditions as it sees fit in granting permits for the use of vacant land, The City Engineer defended the requirements in the interest of traffic safety and storm drainage. Councilman Lazaneo stood opposed to the actual road improvement and said he favored a bond for that portion of the work, also stating that the owner would undoubtedly oil and screen the roadway in question, for his own benefit. The City Attorney said it is questionable whether the City can accept a dedication of unimproved land or roadway not meeting City standards. As to Mr. Facanelli's suggestion th8t an assessment district is an equitable method of improving the highway, Mr. Anderson noted that such a district is only possible if and when a majority of property o~mers are in favor. The present ordinance gives the Planning Commission the Qiscretion to impose its own conditions. Councilman Saich referred to groups consolidating for the purpose of aflecting a widening of Highway 9 and said accomplishment may come in the near future. Moved by Councilman Wilson that the point of appeal be denied; second by Councilman Saich and carried 4 - 1, Councilman Lazaneo opposed. V PROTESTS, WRI'I'TEN COMîlfUNICATIONS 1. Mrs. Claude Giddings had presented a petition requesting a rehearing on Ordinance No. 75. She now called attention to a further petition with 143 signatures, intended to request lot widths of 70 feet or more. Councilmsm Saich told Mrs. Giddings that the sub- division in question will be an asset to the community with houses comparable or better than those adjoining. The Mayor said that the Council decided on what it considered to be the best interest of the City, inasmuch as the storm drainage needs which are being met within the subdivision are important enough to warrant the granting of variances. Councilman Pelosi observed from his study of the minutes over a period of several months that the sub- divider ended with practically the same number of lots with which he started. Councilman Wilson, explaining his vote, said that the City took 85 feet from the subdivider, including 35 for the flood control and 50 for a street which didn't appear on the original map. In the second place, he said that the lots ranging between 7,700 and 8,300 feet are larger than required by Ordinance. Moved by Councilman Saich that the petition be denied and Ordinance No. 75 remain in effect; second by Councilman Wilson and carried 3 - 2, Councilmen Lazaneo and Pelosi opposed. Mrs. Giddings retained her copy of the petition hereinabove mentioned and presented a second petition with 129 names, being registered voters of Cupertino and asking for an ordir.ance banning heavy industry in the now existing City limits of Cupertino. The City Attorney said that such an ordinance would be discriminatory and unconstitutional. Councilman Saich said that the City should not pro- hibit all heavy industry since desireable light industry sometimes requires a small site for a forge, foundry, etc. to fashion materials for their enterprise. Councilman Pelosi recalled that the Planning Consultant has said that there is only one area within the City Limits suitable for heavy industry and an application on this site has alresdy be rejected. 2. City Clerk: Notice of meeting with De Leuw Cather on ¡'larch 18. 3. League of California Cities: AB 156 is designed to restore to California's City Government a large measure of their authority to enforce local building and zoning ordinances against school districts and other special districts. 4, City of Santa Clara: Preliminary findings regarding the De Leuw Cather report. 5. Board of Supervisors: Copy of agreement terminating County Building Inspection services as of March 1, 1959. - 2 - · 6. City of Piedmont: Invitation to discuss Golden Gate Authority. 7. Mark Thomas & Company: Memo confirming work order relative to engineering aspects of a municipal water works. 8. League of California Cities: Announcement of dinner meeting March 19 at Mariani's in Santa Clara. Two reservation requested. 9. County Boundary Commission: Latest annexations within three miles of Cupertino. VI REPORTS OF OFFICERS AND COMMISSIONS A. Attorney's Report 1. The operation of the Cupertino Cab Company out of a residential district is a violation of zoning. Moved by Councilman Lazaneo that the Attorney ne~otiate with the Cab Company for a satisfactory arraTIgement; sécopd by CouTIcilman Saich and carrJ.ed 5 - O. 2. Progress of lawsuit over Stelling No. 2 to San Jose. The City Attorney has filed the complaint and argued the demurrer. San Jose entered an inter- pleader complaint and intervention to the effect that their Stelling No.1 was illegal; consequently they were not bound to wait OTIe year with Stelling No.2, On sustaining the demurrer 10 days are allowed for a return. Mr, Anderson has rewritten the Cupertino complaint to state that Cupertino annexation "Bubb 1" was illegal and a nullity, thus making their Stelling No. 1 good. B. Report of Road Commissioner 1. Councilman Saich stated plans to stripe Stevens Creek Road from Highway 9 east to the City Limits. 2. Faded "stop" markings will be repainted at the same time. Moved by Councilman Lazaneo that the Road Commissioner be authorized to do the necessary marking; second by Councilman Pelosi and carried 5 - o. C. Report of Police and Fire Chief 1. Fire Marshal: Routine inspection of Bethel Lutheran Church, 10181 Miller Avenue, disclosed certain deficiencies which should be remedied in accord with the State Health and Safety Code. 2. Fire Marshal; Routine inspection of Cupertino School District warehouse and maintenance building, 10200 Vista Drive, disclosed certain deficiencies which should also be corrected in order to afford a reasonable degree of fire and life safety in accordance with the State Health and Safety Code, 3, Office of The Sheriff: Traffic violations cited, month of February, 1959; also traffic accident summary. 4. County Controller: Fines collected during the month of February totaled G931 of which the City share is ~,767 .42. D. Planning Commission Report 1. Request was made to waive the street and sidewalk improvement requirement for the Cupertino Medical- Dental Center or to accept bond in place of actual pavement but the consensus is that the owner of commercial property must improve to plan line uPØn development of his site. - 3 - 2, First hearing was held on the application of Eugene Ravizza who has applied for rezoning of a lot adjoining his present electrical shop on Highway 9. Purpose of the rezoning is to allow a dairy products business with drive-in features. Present use of lot is single family residence. Main topic of discussion concerned the traffic circumstances which would or might arise especially with relation to the residential zone surrounding and the state highway adjoining. 3. Mr. Leonard presented some arguments for and against the municipal water works. A copy of this statement will be filed. 4. Sign Ordinance - Postponed 5, The Commission decided to set a hearing for the expected application of Otis Forge who wants heavy industrial zoning as a batch plant site, to be located about 1,000 feet south of Homestead Road and about 270 feet west of Highway 9, The area in question will be 3/4 of an acre, 6, Joint Council-Commission hearings are proposed for the zoning ordin'3Dce. 7. Work sessions scheduled for each Thursday in March and April for work on the zoning ordinance. 8. The Planning Commission voted to recommend 75 feet as the planned right of way on McClellan Road; the Commission also recommended to the City Engineer that he determine the San Jose plans for the same road. Moved by Councilman Wilson that the Planning Commission report of February 24 be accepted; second by Councilman Saich. Motion widthdrawn until the minutes of March 9 are available in written form. E. Report of City Engineer 1. De Leuw Cather Report Basic objections of the Mark Thomas office include the fact that virtually inevitable rapid transit has not been taken into consideration; the monies contributed by District ~ of which Cupertino is 2 part, will not serve to finance any road within the City Limits of Cupertino; in addition the Cupertino street plan and traffic problems are ignored. 2, Resolution 129 - Signalization of Sign Route 9 and Homestead Road. Moved by Councilman Lazaneo that Resolution No. 129 be adopted, second by Councilman Wilson and carried 5 - o. 3. Mr. Fleming presented theÂletter to the Flood Control District for approval of the City Council. Main points included a request for local hearings, omission of the 15 foot setback proposed, inasmuch as this simply increases the plan line by another 15 feet, necessity for non-retroactive provision, etc. Moved by Councilman Pelosi that the Engineer be authorized to submit said letter to the Flood Control District; second by Councilman Lazaneo and carried 5 - o. - 4 - 4. San Jose is planning 8 60 foot width for McClellan but claims to be willing to increase to 90. They declined to approve any width between 60 and 90. 5. p. G, & E. has moved the pole at the southeast corner of Miller and Stevens Creek Road to 8 spot which will service the portable traffic signal. 6. Drainage in the Felton Park area is being investigated; work on the Regnart Creek channel has created at temporary problem in this subdivision. 7. City of San Jose requests a permit to open Cupertino streets on McClellan Road for a 33 inch storm drain pipe extending to Silverado Avenue. Cupertino had planned on a 48 inch line. The Mayor directed that the matter be tabled until 8 formal request has been made. 8. Mr. Fleming evinced interest in asking the County to check the quarries situated along Stevens Creek in an effort to fix responsibility for some of the silting. 9. J. Robert Roll, engineer for the Water Conservation District, suggests th~t Cupertino apply for whole- sale water immediately, by resolution, so as to reserve capacity if and when the system becomes available. Moved by Councilman Wilson that the Attorney and Engineer draft a resolution requesting wholesale water be reserved by the County Flood Control and Water Conservation District for the future use of Cupertino; second by Councilman Saich and carried 5 - O. 10. Mr. Anderson introduced Resolution No. 130 ..... "To Encourage Development Of Suitable Landscaping Throughout The City." Councilman Lazaneo moved adoption, second by Councilman Wilson ~nd carried 5 - O. F. Report of Recreation Commissioner. None G. Report of Health Commissioner - Smog Control None VII UNFINISHED BUSI~~SS A. Ordinances and Resolutions for Adoption 1. Ordinance No. 85 - Rezoning Town & Country Realty Subdivision. Second reading. Moved by Councilman Saich that full reading of Ordin~nce 85 be waived by unanimous consent; second by Councilman Wilson and carried 5 - O. Moved by Councilman Lazaneo that Ordinance No. 85 be adopted; second by Councilman Saich and carried 5-0. Moved by Councilman Saich that the City adopt a 75 foot width for the McClellan Road right of way; second by Councilman Wilson and carried 3 - 2, Councilmen Lazaneo smd Pelosi opposed. Moved by Councilman Seich that the tentative map be approved subject to 75 foot roadway for McClellan plus the consent of Harold Denton to hold the City harmless re existing water line; second by Council- men Lazeneo and carried 5 - O. 2. Ordinance No. 86 - Rezoning Kensal Construction Com:)~ny Subdivision. Second re.ading. Moved by Councilman Lazaneo that full reading be waived by unanimous consent; second by Councilman Wilson and carried 5 - O. Council~~n Lazaneo moved the adoption of Ordinance No. 86 including the tentative m~p; second by Council- m~n Wilson and carried 5 - O. B, Street lighting District Postponed C. Miscellaneous 1. Location of the City Office was discussed. VIII PAYING BILLS Moved by Councilman S~ich, second by Councilman Wilson, carried 5 - 0 that warrants 656 - 678 be paid. IX MEETING ADJOURNED AT 12:50 A,M. until March 18 at 8:00 P,M.