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CC 03-02-59 P. O. Box 597 Al 2-4505 C I T Y 0 F C U FER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL MARCH 2, 1959 Place: 10031 Saratoga-Sunnyvale Road Time: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Councilmen Absent: Nathanson, Pelosi, Saich, Wilson Lazaneo III MINUTES OF THE PREVIOUS MEETING OF FEBRUARY 16, 1959, were approved after the following correction: Page 6, IV-4, add "second by Councilman Saich, carried 5 - 0." IV HEARINGS SCHEDULED A. Building Code Being the time and place announced for public hearing, the Mayor called for statements by the public. There being none, Councilman Saich moved the hearing be closed; second by Councilman Wilson, carried 4 - O. B. Electrical Code Being the time and place announced for hearing, the Mayor asked for statements by any interested party. There being none, moved by Councilman Wilson, second by Councilman Saich that the hearing be closed; carried 4 - 0 C. Plumbing Code The Mayor declared the hearing open and requested discussion by the public. There being none, moved by Councilman Saich, second by Councilman Wilson that the hearing be closed; carried 4 - O. D. Silverado Avenue Subdivision Mrs. Claude Giddings, 20375 Silverado Avenue, stated that Ordinance 73 prohibits lot widths less than 70 feet; she also said a variance cannot be given on an entire subdivision, or the majority of it. A protracted discussion developed between Mr. Johnsen of Trojan Construction Company, and Mrs. Giddings on the merits of the subdivision in question. Mr. Johnsen said, substantially, that the map did not vary significantly from the ordinance; also that concessions made by him resulted in the difference of 5 feet per lot, He main- tained that some variances are inevitable and the City Council exists for the purpose of deliberating such problems. Mrs. Giddings was adamant in her disapproval of the lot frontage. She declared that she had contacted many Cupertino citizens and had received virtually unanimous support for her position. Two or three subdivision representatives were there to agree with her argument. When the discussion had been heard, the Mayor declared the hearing closed. Moved by Councilman Saich that the full re-reading of Ordinance No. 75 be waived by unanimous consent; second by Councilman Wilson and carried 4 - o. On the grounds that the lot sizes are primarily to control the population density, which would not be greatly effected by the lot width, Councilman Wilson moved that Ordinance No. 75 be adopted, second by Councilman Saich and carried 3 - 1, Councilman Pelosi opposed. V ORAL COMMUNICATIONS 1. Superintendent A. C. Stevens, Fremont Union High School District, questioned Section V, page 6 of the last minutes, which state "and remit the bill to the Fremont Union High School District". He said his staff had never been contacted concerning the holes on Miller Avenue. He also referred to page 4, E-5, and asked about payment of the Ruth and Going invoice for engineering work. The bill was read and both parties agreed that the cost of parking area improvements should be deducted and the bill resubmitted. The Mayor said the City had taken upon itself the responsibility for temporary repair of Miller Avenue due to the liability problem. Mr. Stevens said that the rain had caused delay in the school contract for paving their section of the road. They now estimate April 1 as the starting time to improve the road. 2. Mr. Benevich, Building Inspector, addressed the Council concerning the permits issued this day by the County after the Board of Supervisors had signed the agreement terminating the building inspection services by the County. Mr. Anderson said this is a procedural matter to be resolved between the two building inspectors involved, Mr. Gray probably had not been notified of the Board's action. The Mayor thereupon instructed Mr. Benevich to contact the County Building Inspector and make the necessary arrangements. 3. Roy Rushton, 10629 John Way, entered the concern of residents in Felton Park Subdivision, particularly along Lonna Lane, over the development of the Lucchetti pro- perty. This mayor may not be in the City of San Jose. Residents living on Lonna, a half street, may face the back of properties to the west side of the street, possibly giving the appearance of an alley. The Mayor instructed the City Engineer to determine the exact City boundary and investigate the possibility of a one foot reservation strip which could serve to prevent entrance to property from the western side of Lonna Lane, VI PROTESTS, WRITTEN COMMUNICATIONS 1. Central Fire Protection District: Letter to certify that the three hydrants installed in Tract No. 1960 have been inspected and meet with regulatiohs. H. L. Wenrick has held the department harmless from any possible labor liens relative to the installation of the three hydrants. 2. Citizens for the Golden Gate Authority: Pamphlet urging creation of a governmental corporation to manage the Bay Area ports, airfields, bridges, etc. 3. Kaplan: Law of Civil Service. Moved by Councilman Pelosi, second by Councilman Saich that the City PQrchase this book; carried 4 - o. 4. Inter City Council: Mayors committee meets March 5 at La Hacienda. 5. Local Boy Scout Chapter: Request for charity. 6. City of Sunnyvale: Meeting called March 3 to discuss De Leuw Cather report. 7. County Traffic Officials: Meeting March 3. 8. Anthony Toledo, Mayor of Santa Clara: Paper on Metropolitan Government, 9. James E. Hickey, 10657 Randy Lane: Protesting the addition of any more gas stations within City limits. Referred to Planning Commission for more study. - 2 - 10. Western Surety Company: License and permit bond covering auctioneer Carl Tucci in the sum of $1,000, ll. Mrs, Miller: Request for school zone markings on Mariani Avenue and Vista Drive. VII REPORTS OF OFFICERS AND COMMISSIONS A. Attorney's Report 1. Alves Water System: Mr. Anderson explained that the State Water Rights Board oommands jurisd1ction of the water and requires an exact description of what waters, how used, etc. Cities are given pr10rity for domestic use. The area west of the City will annex to Cupertino if we provide water, The Alves System would provide a free flow surface supply, which combined with well waters that can be obtained will maintain a steady supply through the dry months. Moved by Councilman Saich that the City pass a certified copy of Resolution (128) mak1ng application to the Board of Public Health, State of California for a permit to appropriate and sell free flow1ng and percolated waters aDd forward same to the State; second by Councilman Wilson and carried 4 - O. Mr. Fleming, City Engineer, presented a preli- minary investigation of the Alves Water System by which his company proposes to make a report 1ncluding water pressure, source and quality of supply, cross connection of wells, storage, treatment, pumping, etc., maps, comparison with outside supply and sources of revenue. 2. Kyne et al v. City of Cupertino has been dismissed. 3. The revised ordinances and resolution of the Flood Control District have been reviewed and Mr. Anderson briefed the Council on some of the aspects. Mr. Fleming said that he had received on February 25 a call to attend a flood control hearing. At this time he requested local hearings on the area in question and rearrangement of fees. He suggested that he draft a letter adopting an official sta~d, The Mayor instructed him to formulate this letter and present it to the Council. B. Report of Road Commissioner Councilman Saich said that Miller Avenue had þeen patched with AC. Some work still remains on Stevens Creek Road, Blaney, Rodrigues and others. He asked the City Treasurer to furnish him with a statement of road expenditures thus far th1s fiscal year - perhaps to prepare this every three months. C. Report of Police and Fire Chief 1. A recent fatality occurred at the main intersection. 2. The traffic judge has requested speed limit markings on both lanes of the pavement adjacent to the 25 mile signs on Stevens Creek Road. 3. School zone markings have been requested on Mariani and Vista Avenues. 4. Mr. Nathanson asked that Mackay be required to relocate the sign at Stevens Creek Road and Stelling so as not to interfere with traffic visibility. D. Planning Commission Report 1. The rezoning application of Town & Country Realty Company for 7,500 square foot lots near the inter- section of Western and Rodrigues Avenues was recom- mended to the City Council. - J - E. 2, The Planning Commission also voted approval of Rodrigues' tentative map. 3. Application of Yee and Weaver to change the use of their recorded subdivision from duplex to 4-plex was tabled by the Commission until an ordinance prescribing regulations for multiple dwelling units is effective. 4. The Planning Commission recommended the rezoning requested by Kensal Construction Company - 11 acres west side of South Blaney. 5. The Commission voted unanimously to grant a use per- mit to Henrietta R. Smith in order to operate a foster home on Lot 25, Corte Madera Highlands. 6. Ed Cali Has named Vice Chairman of the Planning Commission, Moved by Councilman Wilson that Rodrigues' (Town & Country Realty Company) map be approved sub- ject to eventual rezoning. A lengthy discussion developed over the width of McClellan Road and some other features of the subdivision and there was no second. Repo~ of City Engineer 1, esolution No. 127 - Approving final map of Tract No. 2155. Councilman Saich moved adoption, second b,y Councilman Wilson and carried 4 - O. 2, The second Neighborhood Plan comprising the quadrant bounded by McClellan, Stelling, Stevens Creek Blvd. and Highway 9 plus the section south of McClellan within the City limits was presented and examined by the City Council. The plan was reserved for further study. 3. Alves Water System. Moved by Councilman Wilson that the Engineer be authorized to make a study as above (VII-A-l) provided a preliminary report be made by April 6; second by Councilman Saich, carried 4 - O. Report of Recreation Commissioner Councilman Pelosi reported that the attendance has been great at the Saturday programs; there may be need of a woman supervisor to organize the girls. About 160 children were present this last Saturday. He suggested a master plan of park sites for the City. Report of Health Commissioner - Smog Control None F. G. VIII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption 1. Ordinance No. 78 - Building Code. Second reading. Moved by Councilman Wilson, second by Councilman Saich that full reading be waived by unanimous consent; carried 4 - 0, Moved by Councilman Pelosi that Ordinance No. 78 be adopted; seconded by Councilman Wilson, carried 4 - O. 2. Ordinance No, 79 - Electric Code. Second reading. Moved by Councilman Pelosi that full reading be waived by unanimous consent; second by Councilman Saich and carried 4 - O. Moved by Councilman Saich that Ordinance No. 79 be adopted; second by Councilman Pelosi, carried 4 - o. - 4 - 3. Ordinance No. 80 - Plumbing Code. Second reading. Moved by Councilman Pelosi that full reading be waived by unanimous consent, second by Councilman Saich and carried 4 - O. Moved b~' Councilman Wilson that Ordinance No. 80 be adopted; second by Councilman Pelosi, carried 4 - 0, 4. Ordinance No. 82 - An Ordinance regulating the moving of buildings over, along or across highways, streets and alleys in the City, Second reading. Moved by Councilman Wilson that full reading be waived unanimously, seco~d by Councilman Pelosi and carried 4 ,'. 0, Coun~ilman Saich moved adoption of Ordinance No. 82, second by Councilman Pelosi and carried 4 - o. 5. Ordinance No. 83 - An Ordinance approving the annexa- tion of certain contiguous uninhabited territory, designated "McClellan lA" to the City of Cupertino in accordance with the provisions of Section 35300 et seq of the Government Code of California. Second reading. Moved by Councilman Pelosi that a full reading be waived unanimously; second by Councilman Wilson and carried 4 - O. Moved by Councilman Saich that Ordinance No. 83 be adopted; seconded by Councilman Pelosi and carried 4 - o. 6. Ordinance No. 84 - An Ordinance approving the annexation of certain contiguous uninhabited terri- tory designated "Blaney 3" to the City of Cupertino in accordance with the provisions of Section 35300 et seq. of the Government Code of California. Second reading. Moved by Councilman Wilson that a full reading be waived unanimously, second by Councilman Saich and carried 4 - O. Moved by Councilman Sai0h that Ordinance No. 84 be adopted, second by Councilman Wilson, carried 4 - o. 7, Ordinance No. 85 - Rezoning Town & Country Realty Subdivision, southwest of intersection of Western and Rodrigues Avenues. First reading held, The Council requested it be placed on the following Planning Commission agenda to discuss the width of McClellan Road, 8. Ordinance No. 86 - Rezoning Kensal Construction Company Subdivision. First reading held. B. Street ~~hting District Postponed. C. Miscellaneous None IX NEW BUSINESS None X PAYING BILLS Moved hy Councilman Saich, second by Councilman Wilson - 5 - that warrants 638 to 655 be approved; carried 4 - o. XI ADJOURNMENT - 12:50 A.M. Respectfully submitted, ~~ . <. (ftL:J:.;: . 'LAWRENCE K. MARTIN Administrator-Clerk - 6 -