CC 02-02-59
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
FEBRUARY 2, 1959
Place: 1003l Saratoga-Sunnyvale Road
Time: 8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present: Lazaneo, Nathanson, Pelosi, Saich,
Wilson
Councilmen Absent: None
III MINUTES OF THE PREVIOUS MEETING OF JANUARY 19, 1959, were
approved.
IV ORAL COMMUNICATIONS
None
V PROTESTS, WRITTEN COMMUNICATIONS
1. Donald J. Kennedy, Att.: Requesting utility permit and
final inspection for a house in Corte Madera Highlands
for the purchaser, Paul Levinson.
2. Robert H. Jones, Realtor: Requesting final inspection
of a house in Corte Madera Highlands for a client.
3. Paul Levinson: Requesting final inspection of house
in Corte Madera Highlands so that utilities can be
connected and house occupied.
4. H. L. Wenrick: Informing City that they have installed
three (3) fire hydrants in Tract 1960 and will hold
C.ity and Fire District lien free.
5. Campbell, Custer, Warburton and Britton: Requesting
release of inspection on Corte Madera houses.
Mr. Anderson, City Attorney, stated there may be a
violation of the Subdivision Map Act. The City cannot
waive benefits or rights of the people who will inhabit
the homes. There is a $lO,OOO lien he said, resulting
from the improvements in LID No. 2. Where assessmeht
district lines transgress each other, as in the case of
Corte Madera Highlands LID and LID No. 2 of the Cupertino
Sanitary District, the prior lien must be paid or
bonded. The City Attorney is corresponding with the
Real Estate Commission of the State of California and 1s
inclined to place the matter before the Real Estate
Board and report their position to the Council. .
Nothing is being required of Kyne and Cummings that is
not required of every other subdivider.
The Mayor empowered the Attorney to forward the
above letters to the Real Estate Commission with a
letter. of transmittal asking them to render an opinion
on th~ ~tter.
Walter E. Rankin, attorney representing Kyne and
CU:li¡¡;i:lf!S, said that if all of the requirements have
been iDêt ¡"h'och €:,ìsted when the map was signed, his
<:,.lie·'lt 1:0 'Õ'1tit.lcd ;;0 the final relreases, Rankin said
':hey R~':' ¡;"'=T'Rc,0. 'û~ !!Bndamus the City to that effect.
He C01cE;Yi'~el t:-,.z ~~SSeSf)ment in question was not
8 ("t;.n'.:'.;f a l~, E'11 e).uti 1 after the map had been signed,
''1:- t,'j:i','J:'son ~ t8cC'èl that the Notice of Jl¡ward of
'.:,::yi:;.-ç,~ ',; 1..,!.i .f, l'cT,cr'c W3S cn file when the map was
..·°'-1'", ~,-' ~-r-·~:· ';.1."1",.:. r.~.:..t.,_...e l~_steà this fact, the Recorder
\'Joul,.1c·,^.': ,j :.C' J e ¡' ql: '.J"'à 3. bond accoràing to Section
~_-_:~,6'~' 3 ('): ":'.~p St_ ,',' ;(::s:~ ,:.r1d Pr-ofesslons' Code. As the
,;'8ct", iI.:1N 81..2",,:,. ':'1":""2 8.;~e $10,000 worth of LID 2
bonds th~t will not clear,
Mr. Cumm\ngs Raid that no lien had been created,
only that toe Di8trict Boundaries had been formed.
He cited three or four code sections which purported
to support this statement. He does agree to set up
a trust fund ~hich will erase the lien as the houses
are sold. Mr. Kyne said that he will guarantee in
writing to deliver every property with a title which
is lien free of any LID 2 encumbrance.
Mr. Anderson then expressed conOern over the
contractor and asked how A. J, Peters is to be reim-
bursed:?
Stephen Kyne requested that the utility connections
to Lots 16 and 17 be cleared so that the buyers could
occupy those houses. Mr, Anderson said he would advise
the Council that it has no right to bargain in the
matter and that all the permits should be granted or
none.
Mr. Rankin claimed that the Council has power to
make exception to the rules. Councilman Wilson said
that any exception should be subject to the vesting
of clear title. Kyne added he would arrange with City
Title so that they insure a clear title to each and
every property sold. This would be done through a
trust fund and would mean the payment of approximately
$180.00 per house, which is the amount per home when
the sum in question is divided by the total number of
lots.
The Mayor read a letter from the State Division of
Highways in which it was said that Lots 29-49 inclusive
would be purchased by the State for the right-of-way
necessary to construct the Junipero Serra Freeway
through this portion of Cupertino, Negotiations were
expected to be completed in March and title taken by
April or May.
Councllm9n Saich moved that ;,ttorney I s /,nderson
and Rankin and A. J. Peters, contractor, and other
parties at interest, confer at an e~rly date in order
to re~lize a settlement, with the City Attorney to
return a report to the Councilmen; second by Lazaneo
and carried 4 - 1, Wilson opposed.
Councilman Wilson moved that exceptions be made
for the purchasers of Lots 16 and 17 and arrangements
be made to grant building inspection of said lots sub-
ject to the written approval of the injured party,
A. J. Peters, and subject to the written guarantee of
City Title Company to assume the bond payment through
a trust fund, ,and subject further to acceptance by the
Central Fire District of the hydrant installation;
second by Councilman Lazaneo, carried 4 - 0 - 1,
Council~n Pelosi abstaining.
The Mayor said he would call a special meeting
wher ne,,"è.ed,
6, Inter City Council: Next meeting scheduled for Morgan
H:L, F,obruary 5, 1959.
'ì C:',,",\.J, ;).'òfense Director: Requesting approval of the
a:;:;psJ.n;rcnt of the County Sheriff to disaster office
'J
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';01ntJ~raffic Officials Assoc: Notice of February
!E",:t:UJg et Copper Skillet in Sunnyvale.
C8U',1~,f :;ontroJ.ler: Secured taxes plus solvent credits,
:.?-:i.O..:;H, total $4,9:;'4,59 with 1% collection charge
ó.t;d t.-..G. ..· ~;d.,:,
i~8r ,J,,,,,,, W.:¡'cer Works: City of Cupertino franchise tax,
J'0~:' :._~~8: ~quals $50~48.
Cy As'\. Attorney for '::t.<per~iI1O Cab: Requesting approval
c'f ¿:'·J..tJ'"Jn:Ü cab 0.1go ta'Kj, ctand at Highway 9 and
,., ~. .
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12.
State Controller: Revised estimate of apportionment
vehicle ~_')'?TIse fees for 1958-59 fiscal year - now
!I'. 5 06 ~'·r· "~,.,, ta
'".. '/ _ -'.--....;.J.~ ()
League 'jf' Ca:ifornia Cities: Circular to determine
¡ocation fo~ ~ext meeting of Peninsula Division. Moved
by Councilman Lazaneo, second by Councilman Saich that
Santa Clara be host City; carried 4 - 1, Counoilman
Wilson opposed.
Oscar C, Holmes, Inc.: Balance due on reinforced
concrete box culver, East Estates Drive, $1,969.50.
13.
14.
VI REPORTS OF OFFICERS AND COMMISSIONS
A. Attorney's Report
1. Alves Water System: Otis Forge is renewing the
option with a Mr. M~chado.
2. Public Employees Blanket Bond:
Mr. Anderson questioned the fact that the word
"Employee" or "Employees" as defined in Section Z
of the attached bond shall include the following:
City Treasurer, members of the City Counoil. A
letter of transmittal explains that the rider
specifically naming Councilmen and the City
Treasurer is merely for the purpose of making clear
that the Councilmen are covered, and with respect
to the Treasurer, to provide coverage despite the
wording of Section 2 - definition of employee.
B. Report of Road Commissioner
On January 20, in Redwood City, the Junipero Serra
Freeway design meeting included the following topics:
1. Specific considerations related to local topo-
graphic and natural conditions in San Francisco,
San Mateo County and Santa Clara County.
2. Design standards of Bureau of Publio Roads and
State Highways officials.
3. Minimum radius was stated as 1,100 ft. maximum
grade 4%, minimum right of way 194 ft.
4. A request that the median area and width of right
of way vary to meet the topographic conditions and
to avoid drastic cut and fills.
5, Landscaping the project with native plant materials;
the high cost of maintenance of such landsoaping
was also discussed. '
C. Report of Police and Fire Chief
1. The Fire Marshal and Building Inspector have
studied the De Oro Club to determine the conditions
necessary for moving the bUilding.
2. A subdivision sign near the corner of Stelling and
Stevens Creek Blvd. has been mentioned as a traffic
hazard.
D. Plannin~ Commission Report
1. Motion carried to grant a variance on the front
yard setbaok, from 25 ft. to 23 ft. on lots l, 15
and 17 in Workman subdivision. The Commission
also waived a variance on Lot 16.
2. Plot plan for the shopping center on the southwest
corner of Stevens Creek Blvd. and Highway 9 was
withdrawn from the agenda.
3. Approval of radii for Standard Oil Station, south-
west corner of Stevens Creek Blvd. and Highway 9,
Action deferred until engineering opinion could be
had.
4, Moved by Commissioner Leonard, seconded by
Commissioner Cali that the gas and eleotric permit
be ~leared for Robert Crosby, zero refrigeration
sal~s and service, on a commercial site along
M<;. View-Stevens Creek Road; carried unanimously.
5, Fc\,,·tbsl' :3tudy was given thê sign ordinance whioh is
¡'0:1eduled for a second public hearing on February 9.
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F.
Moved by Councilman Saich that the report of the
Pla'm! 0"; CC'1ffilÎissi.è:1 'De adopted; second by Council-
man Lazaneo and c&':'l'ied 5 - o.
Report Of: ~í:.;'y Engj.T,~e~
1. Signir,g ¡'inal r.¡E,P of Pacifica Subdivision:
Workman paid the storm drainage fee under pro-
test claiming his allowance for off tract drainage
was insufficient. Moved by Councilman Wilson
that the signatures be authorized on the map of
Tract 2248 if and when the protest on the storm
drain fee is removed; second by Councilman Saich
and carried 4 - 1, Councilman Pelosi opposed.
2. The new Stste Director of Public Works has approved
the signal installation at Homestead Road and
Highway 9 and the bids will be posted in April or
May.
3. A Greenbelt requested for the easterly and westerly
sides of Stelling at Prospect was granted by the
County.
4. Mr. Benevich has requested authority to join the
International Assoc. of Building Officials - the
annual dues are $65. In addition to membership
this entitles the holder to purchase the various
building codes at a reduced price.
The Council requested that Mr. Benevich appear
at the next Council meeting to explain the
benefits.
5. The Rousseau Organization requests that the City
approve an agreement whereby the drainage for some
13 lots will make use of a City of San Jose storm
sewer. Mr. Oakes stated that Unit 3 of Idlewild
Subdivision will be in map form at the next meeting
of the Council; the drawings will have to indicate
the storm drain pipes in question or show some
other provision to drain those lots.
Mr. Anderson reminded the Council of possible
impact on other matters. From a purely statutory
standpoint such an agreement is possible but he
mentioned the policy implications which might be
involved.
The Mayor said that the City must see the
agreement contemplated and then determine the
policy in the light of current litigation. The
matter is to be continued on the agenda.
Report of Recreation Commissioner
Councilman Pelosi called the attendance excellent
at the recreation progr?m thus far, and indicative of
the need within the City. He expressed his satisfaction
with the progr8m and reported full cooperation from
the Cupertino High School. In the near future the
High School basketball court will be available for
boys 14 and over. He requested approval to purchase
much needed equipment.
Moved by Councilman Wilson that the recreation
director be empowered to spend t50.00 for recreation
equipment; second by Councilman Lazaneo and carried
5 - O~
RePort 0~ H~alth Commissioner - Smog Control
No report
G
','J:'" \JNFI~ISHED J3T;SU,TF,SS
'\. ,Ç)rdin.'!L('-.~~. p,])d Resolutions for Adoption
:'_' 02(¡jy,ance No. 77 - Lumber Grading. First reading
h·3~r,."
On discussing the building inspection work,
t:1" Cló] Counc il extended the hours of the
se",,·,otpC'y to 8 per day commencing February 4.
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VIII
2. OrdiTI?TI~8 Nr)o 57 ,- i\T'lec:d:lng SectioTI 1 Of Ordinance
2 B~; jÒ'ô,":;'[',Ì-"yiné; /-, ";¿''C·o2i.-:1 Portion Of The City -
Sil7E'r')d,:; .::"'v~-:Jt;L'2 8,;,"t¡¿.i ij.:":,35_orl~ Second regding"
[1'C'JCò~ t¡ Gnucr', ,I ~"õl11 \·liison that full reading
of 'che ()).'din'hJ;'e 'Je w:\iVf'd by unanimous consent,
the tit:e only to O~ announced; second by Council-
man Saich, carried 5 - O.
In discussion of the tract the City Engineer
noted that a 35 ft. flood control easement reduces
the width of the lots facing north and south from
the original 70 ft.
A Mrs. Claude Giddings protested vehemently
that the 65 ft. frontage vio18ted the zoning
ord inance.
Moved by Councilman Saich. second by Councilman
Wilson that Ordinance 75 be adoptedjdefeated
3 - 2, Councilmen Lazaneo, Nathanson, Pelosi
opposed.
3. Ordinance No. 81 - ReviewIng And Extending The
Subdivision Ordinance.
Upon hearing the reading it was moved by
Councilman Saich, seconded by Councilman Lazaneo
th8t Ordinance 81 be adopted as an urgency ordinance;
carried 5 - o.
4. Resolution 122 - GrantIng Consent to Cupertino
Sanitary District With Respect To Local Improvement
District No.4.
Upon hearing the Resolution, moved by Council-
man Pelosi, second by Councilman Lazaneo that the
Resolution be adopted; carried 5 - O.
B, Street Lighting District
Postponed until next agenda.
C. Miscellaneous
The Council asked that a letter of appreciation be
disp8tched to Benjamin Linsky of the Air Pollution
District.
NEW BUSINESS
A. Tree PoliCY - Ornamental. fruit. etc.
The City Attorney called attention to Article J,
Section 12, Subsection J of the SubdivisIon Ordinance
which reads:
1. The subdivider shall mark on his initial plot map
the variety, size and location of all native or
ornamental trees having a diameter of 4" or greater.
No such tree may be destroyed until applicant has
satisfied the City Engineer that such tree either
has no landscaping value, or is so badly located
that it cannot reasonably be integrated into the
plan of development.
2. The subdivider shall remove all fruit trees which
may be on the property unless some reasonable
party posts a bond satisfactory in form to the City
Attorney, and satisfactony in amount to the
Plæ1ning'Commission assuring adequate pruning,
spraying, and other cultural practices to protect
neighboring agricultural uses from diseases or
pes~s which might be harbored or spread because of
inadequately tended fruit trees in subdivisions.
dlliL~.tlon - l:Iomestead and Blaney
No d!.scussion
i~~:'::=r: e llH,1;,eo1..ls
î:-'-:[r;S'eréš't-rates and withdrawal requirements for the
Ciõy ban~ account are to be discussed at the next
r::'J?!e~ ir.g ~
2 A 8~ltiple housing policy remains on the unfinished
l,L!slnes~ list.
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J. Insura~ce costs for the portable traffic signal are
reqt~e s téd.
4, CourcÜman Pelosi requested a City map with the
school si~es su):'?':"Jmposed - existl~g, purchased,
and pro):'osc;d<
IX PAYING BILLS
Moved by Councilman Lazaneo that warrants 604-625
inclusive be paid; second by Councilman Saich and carried
5 - o.
X ADJOURNMENT - 12:50 A.M.
Respectfully submitted,
\-\1,.,. l(.{,(I'_1....
t I,. ll( ~ -t"....C\
LAWRENCE K. MARTIN
Administrator-clerk
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