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CC 02-16-59 -- / -' 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 PEBRUARY 16, 1959 Plaoe: Time: 10031 Saratoga-Sunnyvale Road 8:00 P,~I. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Lazaneo(late), Nathanson, Pelosi, Saich, Wilson Councilmen Absent: None III MINUTES OF THE PREVIOUS MEETING OF FEBRUARY 2, 1959, were approved. IV HEARINGS SCBEDtIDID A. Hearin~ of Resolution No. l20 - Vacating part of South Blaney Avenue where it adjoins Idlewild Subdivision. No objections were raised and Resolution No. 124 was introduced, being a Resolution to vacate the here- inabove mentioned road section. Councilman Wilson moved adoption, second by Councilman Saich, carried 4 - 0, B. Annexation hearin~ - McClellan lA. No protests. First reading of Ordinance No. 83 (VIII-A-6 on agenda) was then held - An Ordinance approving the annexation of certain contiguous unin- habited 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. C. Annexation hearin~ - Blaney,. No protests. First reading of Ordinance No. 84 (VIII-A-7 on agenda) was then held - An Ordinance approving the annexation of certain contiguous unin- habited territory designated "Blaney 3" to the City of Cupertino in accordance with the provisions of Section 35300 et seq. of the Government Code of California. V ORAL COMMUNICATIONS 1. Melvin Hitchings, 10614 John Way, spoke as the Chairman of Felton Tract Committee. He complained that Cupertino Cab Company is operating from a residence on John Way; this means a"oommercial use in a residential zone, Paul Mei, 10539 John Way and E. J, Small, 10645 John Way also registered objection with the City Counoil. The Mayor referred the problem to the Planning Con- sultant, the City Attorney and the Cab Company operator. He assured the residents that the matter would be resolved to their satisfaction. VI PROTESTS, WRITTEN COMMUNICATIONS 1. Cupertino Gravel Company: Arrangement has been made to olean the street area after the removal of materials, Corte Madera Highlands Subdivision. 2. Kyne and Cummings: They agree that in the event the portion of the property (Tract No, 1960) lying within the projeoted area of the proposed State Highway is not sold for highway purposes they will abide by City instructions of December 6, 1958 in the development of the area. 3. Kyne and Cummings: Request one year extension of time for the completion of improvements on LOts 29-49, Tract No, 1960. They agree not to further sell or 4. - 5. further encumòer these lots to individual buyers unless it is determined that the proposed highway is not to go through the area or involve some or any of the lots. A, J. Peters: Statement that A. J. Peters & Son, a corporation, has no objection to the providing by the City of Cupertino of building inspection services and for final acceptance of homes which have been constructed in Tract 1960, Corte Madera Highlands Subdivision - signed Thos. A. Hodgkinson. Mr. Anderson, City Attorney, also reported that Peters & Company have stated that they will payoff the bonds, Mr. Fleming reported that the builders have paid for the sewer permits. Mr. Anderson introduced Resolution No. 125 Lifting Restraint On Construction Heretofore Imposed on Tract No. 1960, A Subdivision Within The City of Cupertino: conditioned upon the filing of a dismissal of that certain action entitled Kyne et al vs. the City of Cupertino - subject further to statement of Central Fire District holding the City lien free. Moved by Councilman Saich that Resolution 125 be adopted, seconded by Councilman Wilson; carried 5 - O. Division of Highways: Tabulation of the 1959-60 fiscal year estimate of section 2107 and 2107.5 funds to be aportioned to each City and Town in District IV. Request to expedite submittal of a progress statement for such funds. Cupertino share $5,100 plus ~1,000. Pete Zarko: Stating his intention to acquire property, 60' x 147'. north side of Stevens Creek Road west of Old Cupertino School. They propose to move their existing building, housing the City Office, to the new property and request expression of the Council as to willingness to continue existing lease at new location. Division of Highways: Tabulation of 3rd quarterly apportionment of section 2107 funds for the Cities and Towns in District IV. Cupertino share $1,388.09. County Flood Control and Conservation District: Revised editions of proposed ordinances. Referred to Mr, Anderson were the 2 Ordinances and one Resolution. Kirk 0, Workman: Withdraws protest and states that payment of the storm drainage deposit was made in accordance with the regulations governing the storm drainage trust fund. County Fire Marshal: Relocation of the Cupertino De Oro Club will not involve the regulations of the State Fire Marshals Code, but, certain lighted exit signs should be installed. ~ County Board of Supervisors:~DuPlicate copy ?f agree- ment whereby the County wil~Iorm certain fis~l duties for the City of Cupertino. Azule Improvement Association: Asking City of Cupertino to join a drive to widen Highway 9 while it is still part of the State system. The Council expressed favor for the project and named Councilmen Wilson and Saich to meet the group, with the City to send a letter endorsing the stand of the Improvement Association. Linwood Acres Improvement Association: Statement of o?osition to the "speculated" batch plant signed by about 58 people. The Mayor referred the petition to the Planning Commission and asked that the Improvement Association be advised that they will have sufficient notice if and when a hearing on the subject batch plant is scheduled. 6. 7. 8. 9. 10. 11, 12. 13. - 2 - 14. George S. Nolte: Reviewing developments on proposed Silverado Avenue Subdivision and requesting further consideration of their rezoning application and the opportunity to discuss the matter in more detail. The letter states that the lot frontages are less than 70 feet as a direct result of granting the 35 feet on ¡ the easterly property line to flood control. Mr. Anderson advised the Council that it can move to reopen the discussion. Councilman Saich moved that consideration of Ordinance 75 be reopened and decided at the next Council meeting by another vote provided that notice is published in the local paper; second by Councilman Wilson and carried 5 - o. VII REPORTS OF OFFICERS AND CO~1ISSIONS A. Attorney's Report 1. Alves Water System: Mr. Anderson reported that the option has been extended to April 15. Nothing further to report at this time. 2. Agreement terminating the Building Inspection ser- vices of Santa Clara County: Resolution No. 126 authorized and instructed the Mayor to enter into certain agreements with the County of Santa Clara providing for modification of that certain existing agreement dated July 9, 1956 to provide for the deletion of building 1nspection services. Councilman Saich moved adoption, seconded by Councilman Pelosi and carried 5 - o. 3. A certificate of insurance in the name of Los Altos Garbage Company deemed in good order. B. Report of Road Commissioner Counc1lman Saich reported that the C1ty streets are generally due for repair. C. Report of Police and Fire Chief None D. Plannin~ Commission Report 1. First hearing on Town & Country Realty Company application was held as scheduled. No protests were presented by the public, 2. Yee and Weaver application for change from duplex to 4-plex_use was also heard for the first time. No protests were made by the publio, 3. First hearing on Kensal Construotion Company appli- cation for rezoning was heard as scheduled. No protests were made by the public. 4. Application for use permit by Henrietta R. Smith in order to operate a foster home for mentally deficient children On a site known as Lot 25, Corte Madera Highlands. Commissioner Benetti was named to take the matter under study and make a report of hls findings at the subsequent meeting. 5. Request for approval of radii and driveways to Standard 011 Station, southwest corner Stevens Creek Blvd. and Highway 9. Approval granted unanimously of the drawings as modified by the advioe of the C1 ty Engineer. 6. A variance approved unanimously for Oliver Rousseau to use a 15 foot front setback on designated lots. 7. Plot plan of Cupertino Medical-Dental building approved unanimously. Subject to the City Planner and City Engineer and-the payment of proper fees including storm drain, road dedication and road improvements as calculated by the City Engineer. - 3 - 8. The Planning Commission voted informally to cons1der Otis Forge's inquiry on batch plant zoning. The Council requested that Mr. Linsky be con- tacted concer~ing the possible smog effects from a cement batch1ng plant. Mr. Anderson said that a batch plant per se is not illegal at the present time and an application, if presented, must be processed. Councilman Pelosi moved that an ordinance be prepared prohibiting any further M-2 zoning within the City, second by Councilman Lazaneo; defeated 3 - 2. E. Report of Citv Engineer 1. Idlew11d storm drainage: Mr. Oakes reported that the expected agreement between San Jose and the City of Cupertino is not ready. Consequently he chooses to make other arrangements rather than wait for the possibility of using the San Jose storm pIpe. 2. Mr. Oakes requested approval of Tract 2155 in order to proceed with his models. The bonds will be posted when Mr. Flem1ng arr1ves at the exact amounts. Moved by Councilman Lazaneo that the final map of Tract 2155 be approved subject to standard procedure and the Mayor and Clerk authorized to sign; second by Councilman Saich and carried 5 - o. 3. Final map, Tract 2341, Resolution No. 123 Councilman Saich moved adoption of Resolution No. 123 Approving Final Map of Tract No. 2341, Lynton Place; Accepting Certain Drives, Roads and Courts; Authorizing The City Eng1neer and the City Clerk To Sign The Final Map; And Authorizing Agreement in Connection Therewith; Second by Councilman Wilson and carried 5 - o. 4. Reimbursement of storm sewer fee to Bethel Lutheran Church: The off-tract dra1nage facilities 1nstalled by the Church exceed the $500 per acre fee. In addition a bill has been presented for the City share of the pavement fronting Church property. Moved by Councilman Lazaneo that the City approve both bills amounting to $1,024.40, second by Counc11man Wilson and carried 5 - 0, 5, Mr. Fleming recommended that payment of 8 bill by Ruth and Going be left unapproved. The invoice is for engineering work in connection with the school on Miller. 6. Mr. Fleming recommended payment of the 25% balance remaining on the East Estates Drive culvert. The total is ~1,969.50. Counoilman Sa1ch moved approval, second by Councilman Wilson and carried 5 - o. 7. Mr. Fleming recommended payment of $2,166.90 for 10 feet of pavement put in by Weaver and Yee. Councilman Wilson moved that the bill be paid, second by Councilman Pelosi and oarried 5 - o. 8. Mr. Fleming was named to appear on March 5 to question the apparent absence of Cupertino highways from the DeLeuw Cather plan. 9. A rough draft of the master storm drain plan was presented. The Mayor suggested that the Engineer meet with Sunnyvale officials to dieeuss mutual storm drain problems. Councilman Pelosi moved that the City Engineer prepare another neighborhood plan for the area bounded by McClellan, Stelling, Stevens Creek Road and Highway 9, at his earliest opportunity; second by Councilman Lazaneo and carried 5- o. - 4 .. F. Re~ort of Recreation Commissioner None G. Re~ort of Hea~'!"'I').....9..9mmisfli...oner - Smolt Control None VIII UNFINISHED BUSINESS A, Ordinances a~~~solut~ons for Ado~tion 1. Ordinance No. 77 - Lumber Grading, Second reading. Moved by Councilman Wilson that a full reading be waived by unanimous consent, second by Counoilman Lazaneo and carried 5 - o. Upon the reading of the title Councilman Lazaneo moved adoption of Ordinance No, 77, second by Councilman Pelosi and carried 5 - O. 2. Ordinanoe No. 78 - Building Code. First reading held, 3, Ordinance No. 79 - Electric Code, Postponed until February 23. 4. Ordinance No. 80 - Plumbing Code. Postponed until February 23. 5, Ordinance No. 82 - An ordinance· regulating the moving of buildings over, along, across highways, streets and alleys in the City. First reading held. 6. Ordinance No. 83 - An ordinance Approving The Annexa- tion of Certain Contiguous Uninhabited Territory, Designa':;ed "McClellan lA", to The City of Cupertino in Accordance With The Provisions of Section 35300 et seq. of the Government Code of California. . First reading held. See IV-B above. 7. 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, First reading held. See IV-C above. B. Street Lighjli~ District Postponed. C. Bank ACC9~~: Time deposit - open account - 6 months maturi ty - 3%. Councilman Pelosi was named to study the matter, D. Miscellaneous l. Mr. 1feñèvich explained that Cupertino dues to the Conference of Building Officials, prorated by popu- lation, would amount to about $45 annually instead of $65. Membership grants the right to vote on any proposals and gives the building inspector access to the latest information, changes, requirements, etc. Moved by Councilman Lazaneo that Mr. Benevich be empowered to join the Building Officials Asso.; second by Councilman Pelosi and carried 5 - 0, Councilman Saich moved that the building inspector be authorized to attend the Planning Commission meetings and make such reports as neces- sary; second by Councilman Lazaneo and carried 5 - O. IX NEW BUSINESS A. Card room license - Gordon Allard Withdrawn B, Annexation - Homestead and Blaney No action. C. Miscellaneous None. - 5 - X PAYING BILLS Moved by Councilman Lazaneo, seconde4 by Councilman Wilson tMt warrants 629-637 be approved f oarried 5 - O. XI MEETING j,DJOURNED UNTIL 3:)0 P.M., February 23. Respectfully submitted, LAWRENCE K. MARTIN Administrator-Clerk ADJOURNED REGULAR MEETING OF THE CUPERTINO CITY COUNCIL 3:30 P.M, - February 2), 1959 I ROLL CALL Councilmen Present: Lazaneo, Nathanson, Pelosi, Saich, Wilson Councilmen Absent: None II Ordinance No. 79 - Electric Code First reading held. III Ordinance No, 80 - Plumbing Code. First reading held. IV Bank Account Council decided to open four (4) accounts in the First National Bank of Cupertino in place of two (2) and transfer the moneys as follows: 1. $15,000 - storm drainage fund, Commercial checking account. . 2. Balance ·of storm drain fund, savings account (time depòsit, interest bearing). 3. $40,000 - general fund, savings account. This necessi- tates transfer of $21,905. 4, Balance of money to be in general fund, commercial checking account. Moved by Councilman Lazaneo that agreement be com- pleted with the First National Bank of Cupertino, requiring the signatures of Treasurer and Clerk to withdraw any money. V Moved by Councilman Pelosi that the Road Commissioner be authorized to repair Miller Avenue and later remit the bill to the Fremont Union High School District; second by Council- man Saich and carried 5 - o. - 6 - --'---"---~-""--'-'---------- VI Alves Water System Otis Forge declared that the only way the City of Cupertino can substanti9.11y expand its boundaries is through the use of watero The second option will expire in April and Mr, Forge states that there are three alternatives. 1, The City can buy the system. 2. The Sanitary District can buy it and wholesale the water to the City. ), Individuals could buy it and wholesale water to the City. He advised the City to file water rights for the surplus waters flowing through Stevens Creek and to ask the Con- servation District for a second dam in this area to serve as a settling pond, The M9.yor said that percolation pools and beds would be necessary before the mechanical purifying facilities can be applied. The City Attorney noted that the City must actually appropriate the water and provide and maintain the physical facilities, not merely submit a dooument to secure water rights. Establishing the fact of surplus water is also a question. Moved by Councilman Saich that the City Attorney study the means and ways of preparing and filing the necessary documents in applying for surplus water rights, with the City Engineer to negotiate with the Flood Control and Water Conservation District for a settling pond and apply to the Water Pollution Board for the right to use the water in question; second by Council- man Wilson and carried 5 - 0, Councilman Pelosi asked for further information such as the age of the line, the capacity, the number and location of leaks and the degree to which it is sanitary. Moved by Councilman Lazaneo that the City Engineer be authorized to prepare an engineering report concerning the cost of establishing the facilities; second by Councilman Pelosi, carried 5 - O. VII Moved by Councilman Pelosi that the Building Inspector be authorized to hire a secretary at the rate of $260 a month, and the City Clerk be authorized to purchase the necessary typewriter and table; second by Councilman Lazaneo and carried 5 - 0, VIII The Mayor requested a letter to the Zarko'~present owners of the office building, acknowledging their own letter and assuring that the City will decide in good time about occupying the building when moved. IX ,IDJOURNMENT - 7:10 P.M, Respectfully submitted, b.i~ Administrator-Clerk - 7 -