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CC 01-04-60 1 P. O. Box 597 Al-2-4505 C I T Y 0 Feu INE R TIN 0 . CUPERTINO, CALIFOIA MINUTES or THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, :),960 Place: 10321 S. Saratoga-Sunnyvale Road Time: 8:00 P.M. I. SAI.UrE TO THE FLAG II. ROLL CA.LL Councilmen Present: Councilmen Absent: Lazaneo~ Nathanson, Pelosi, Saich, Wilson(9:S5) None ¡II. MINUTES OF THE MEETING OF THE CITY COUNCIL, DECEMBER 21, 1959, were approved with the following corrections: X-A-l, should be January 13; VIII-E-2, change "speculation" to "approval". ~ IV. PAYING BILLS Moved by Councilman Saich that Resolution 230 be adopted approv- ing warrants 1127 thru 1137 and number 1155 {1136 void;. second by Councilman Lazaneo, carried 4-0. 1 VIII. UNFINISHED BUSINESS A. Ordinances and Resolutions For Adoption 1. Ordinance 108 - rezoning property of Reese P. Gri,r1th¡ 27 acres from County zoning of A-2:B-4 to R-l~ ¡Ò~O sq. ft. lots. First Reading Held. . . 2, Ordinam:j~-~~~~-reiém,,"rig-'pioopB-rti -ò:f Josephine Hewins ¡ 8 acres zoned. A'-2:B-4 '(inl;ounty) to R-l¡ 10,000 sq. ft. lots. First Reading held. 3. Ordinance 110' - rezon'1ng property of Josephine Hewins; 20 a~re~ 1;0. Ji-I, .one acre, First Reading held. :- 4. 'Ordinance III - rezoning property of Josephine Hewins; 10 acres f<;>rmerly A-2 :B-4 to Commercial-Recreational. . First Reading held. . 'V. . . qRAL ;COMMUNICATIONS NÖNE r- VI.. PR()TESTS, WRITTEN COM~IUNICATION,S . \. . , 1. Mr. Fleming, City (~ngineer,.· read ,tþ.ep-ro_test relat l'vei to 'the RegnartCreek Ct)am,el X'Unning t,hroÜgh¡dl~wild Tract. The protest was signed by approximately 47 residents who contend that a hazard exists at a certain section at and near East EstatesPrive. . . . " '.' '.. . . MrFl(:¡ming 13aidthat th,1s aame_pOIl!Plaint Äas b(:¡en 1;'(:¡- g;\.stered before e¡nd,at that. t.ime, heeXplåined that it is a flood control problem and a project of the S. C. County Flood Control District. He therefore referred the situation to them and,. in fact" ,caJ;led· G.eqrg.e l'r1;ne; this day (Jan. 4). tliS ¡:mswerislthat.. the £1004 ,(¡ontrol dj.str:\.ot wi,11 provide a maintenance o:rew wltiÜn IWv(:¡U dayswhi¡GtLW1.11 me.et the objee~ tion,s .pre~entad .in the petition. specifically an opening in the fence.~nd the acoull).:.J.l.:J.l3;tion of ð.£bris along the Crèek bed, ~lus .obsj;.rQGtingdipt..a~. :¡.a~..of·,g:t:'a41'!lg. Mr..Fleming , suggeeteQ. that· the ·¡et1;er ,be' forw;;¡rded to ._theCounty Flood Contrql Distrlct. . . ., Thé Mayor requested that the City Engineer select the .f1r~tperson on the petition and furnish him with a letter descr.ibing wh&t action is being taken to correct the situation., Moved by Councilman tazaneo that the letter be marked re- ceived and filed; ..second '0'1 CouncilmanSaich, carrleê .4-0. . 2. èupertinoSchool Distric.t: Rèquesting pedestrian accessïbll· ity in future subdivision plans or street patterns to the Eaton School. . Also noted that simila~ memos have been received with " ·V .,J,¡¿ }', ..'. " . . ~ 2 I-' ~ o .... t-= respect to the Collins and Wilson schools by both City CoUÌ:Ìêil and Planning Commission. , Moved by Councilman Saich that the matter be referred tð the City Engineer; second by Counoilman Pelosi, carried 4-0. Moved by Coune-ilman Pelosi that the Counöilsend a re- commendation tð the Planning Commission to the effect that they provide for neoessary easements and actual a~cess to local schools; second by Councilman Saichf ~arried 4-0. J.Santa Clara Gounty Safety Cðuncll: Announcement of meeting- January 11, 7:00 A.M. 4. Inter-City Council: Next meeting January 7th. Reservations requested for the Mayor and City Manager. 5. County Executive: Communioation relative to the abandonment of the Southern Pacific R R right of way, vioinity of Los Altos" The letter requeste a Resolution from the City taking a posi- tion for or against the proposed realignment. Council requested a letter and Resolution OPPoSing same. 6. Bnard of Supervisors: Bulletin and supporting data conoerning the pPOposed consolidation of fire districts within the County. The Mayor summarized the findings and in¡pl1cations and turned the material over to the blty Manager for further re~ port. . , 7. County Fl~ Control: Letter relative to an amendment to the ) ordinance structure whichwo~ld change thè.~embership of eommlttees to provide re~re~e~tation for any City having terri tory within any flood cMltm-ol zone. Referred to City Manager. ' 8. Governer: Invitatiðh to tHe Mayor to participate in conference on the subject of indusiÙ·fal~aïety. . 9.' Sunnyvale. Planning Depa~tme~t, H~uest for information, sup- porting maps¡data,etc. relatiV'e tèl tHe. proposed swim and ra- ('·quet club, Highway 9 and Hðmes1;éâd Rd. The site adjoins Sunnyvale boundaries and they wish ~ó t~kecognizance of the land use in their plam1i:cg. . . Moved by Cðuncilman Peloei that the letter be marked l"e- t'eived and filed; second by Councilman. La.zåtu¡!o, carried 4-0. Moved by Councilman Saich thatSunbtva~e be informed that the'applicgtion and development is in the embryo stage; Cupertino will furnish all available information when furhter developments are forthooming; second by CounQilman Lazaneo, carried 4-0. 10. Mark Thomas Co.: Announcement of water committee meeting. Referred to the Mayor as the Cupertino deleg8te to the com- mittee. 11. County Boundary Commi~sion: Latest annexations withln three miles of Cupertino, including Homestead 35, Lawrence number 1 and El Camino, :!IUIIlber 49 to the City of Santa Clara. l2~ Building Inspector: Report for the month of December. 13. County Counsel: Power of County to impose tax on motor ve- hicles - power of legislature to authorize imposition of such a tax. Councilman Saich expressed opposition to such a tax. VII. REPORT OF OFFICERS AND COMMISSIONERS A. Report of,Road Cnmmissi~n~r , Councilman Saich reported that he and the City Manager have inspected the City roads and have as a result placed an order with Mr,Carthy & Spiesman to 0$1 and chip badly checked .surfacenf Blaney between Price and Regnart Creek, also to spot oil and chip where needed from Price to stevens Creek Blvd. B1aney Ave. is also. under consideration for striping, which is faint at the present time. The completion of Home- stead No. 3 annexation will bring an additional stretch of Blaney into the City extending road responsibility and repair requirements in that vicinity. ~. Report of Police and Fi~e Chief 1. The Mayor said that his report will be continued when tne City Manager has an opportunity to study the proposed analgamation of the fire districts with the County as proposed by supervisor Hubbard. Briefly, the presently unprotiicted areas would be affected but Cupert;ino "13 . -2- --~. ------ - ---------- s C. status would nQt be altered. The supervisor propo&1~ the reorganizat,åon bases the plan on economy I unif'örllÌity, and .efficiency of protection" etc. Municipal fire departments wpuld not be affected. The Mayor said that the proposal seems to favor cities which have aggresive anQexation policies, in that newly annexed Areas would be assured of prompt protection. 2. A~eport on the signalization and channelization of the Homestead Rd., Highway 9 intersection will be made at the next meeting"inasmuch as the program is nearing the con13truction stage. Condemnation may be necessary on one corner of this intersection. . A' traff~c study will be available for the stevens C~eek Blvd. and Highway 9 intersection at the next meet- ing, January 18 at which time a program for traffic coh- trol can be considered, Report of Recreation Commissioner Councilman Pelosi reported that the fertilizer is ready to be turned under ground and the trenches dug for laying the pipe, At the next meeting he will report on 'the recreation program being pursued in cooperation with the school or scho- ols inside the City limits. Councilman Pelosi requested newspaper publicity to announce the fact that the high school gym is available on both Saturdays and Sundays as a part of the Cities recreation program. City Manager suggested thAt a mimeographed bulletin might be circulated in order to acquaint the citizenry of recreatIon facilities available. Report of City Treasurer 1. State BO~1;'d of EqµalizatioP: ~xplanation of administrative deductions connected with tfie collection of the uniform. Bales and use tax. . 2. State controller: Motor .(:¡hiclè license fee. (in lieu) regular~pportionment - $463.33 Report of 9i tv MaY1Agp.Y' " '. ,.,' ' 1. Mr. ~tormestimated the actual population to be appröx- iinately 2,000 more than the óffici<ôjl figure ,of 1,8~1. He suggested that the Cit,ycontact the State Department of Finance to sèèure a special census. This must be done prior to April 1, 1960 when the decennial census required by the U, S. constitution t8kes place. Moved by Councilman Saich,that the City Manager be authorized to proceed with arrangem(:¡nts for a special census by the State Department'of Finance to be ?ècompli- shed at the eSlrl1est possible date but prior to AprÜ 1; seco\1d byCouncllman Pèlosi, carried 4-0. Report of Ci1;y;\ttorney- 1. The hogers case in Los G8tOS involved plaintiffs request for a mandamus to zone certain property to C-J;-H, The èourt held that it had no pow~r tp compel the legislative bodY of the City to enact a particular rezoning by virtuè of the traditional sep~ratión of powers provided in. the American form of Government,'namelY legi$lative, judicial, and executive, Qr administrative br~nches. . 2. In another c~se the compl~lnt dl~closed the clear purpose and intent to depress a property-value in order to S3ve the City money in eminent domain proceedings (Road acquisitiont. In this case the court decided the pro- ceedings could be enjoined. 3. The Cupertino appl1cgtion before the ,\,ubl1o utilities Gommission for trgnsfer of permits from Monta Vista Water Works to the (}1ty of Cupertino has been approved, along with the transfer of the properties of the M.V,W.W. 4. Bids will be received on JanÙDry 18 for the s31e of $905,000.00 Series A Bonds (1960 Water Revenue Bonds) 5~ Moved by Councilman Lazaneo that the order of business, as per, agenda, be changed by Ordinance; second by Council. man Saich,' c.3rried 5-0. Planning Commission Report Mr.' Storm referred to the application of Star Contractors which,was denied by the Planning Commission and which was appealed by the applicant prior to this Council meeting. D. E. F: G. -3- 4 ~ Þ-3 o ... t:t= He briefly ß'~mmarized the proceodingG tn the hearing on the application or Ro~ri6ues, et ale Councilman Lazaneo questioned the conditions imposed on the Rodrigues rezoning application, in the sense th~t conditiant 1 and 2 could be understood to mean a total of three years which the applicant would have to use the property in the man~ ner intended by the application and rezoning. Councilman Saich said it is his understanding that the swim and racquet club is closer to actuality than th~ bowling alley and restaurant shown on the sketch. Reference was also made to the dangerous traffic sit- uation at this intersection and to the fact that negotiations are proceeding whereby the stæte of California will provide traffic signals and turning channels. The Mayor stated that the City needs additional r~~ to govern the situation and similar cases. H. Report of City Engineer 1. The Planning Commission has recommended to the City Council that an engineering survey be made to determine the various circumstances which would prevail in case of an ,L.I.D, along Highway 9 and Stevens Creek Road. Mr. Flen:íing said that the cost of the engineering survey could be ~ eluded in the assessments levied by the Local Improve~ District. The City Manager questioned whether an L.I.D. is advisable when the Division of Highways has jurisdictiô'nò'Ver the Sunnyvale Saratoga Rd. Councilman Saicþ suggested the formation of two districts, one for Highway 9, the other for Stevens Creek Rd. Conside~- tion was given to the boundaries of such ~'assessment diâtÞtet whether or not to include the entire section of Highway 9 within the City limits or confine it to a more central S8Q- tion of town, Mr. Fleming estimated the. cost of such an engineering survey to be 8500 - $1,000. \ Moved by Councilman Pelosi that the City Engineer be authorized to make a survey of Highway 9 for street improve- ment purposes from Homestead Rd. to Bollinger Rd. meaning City limit to City limi~, in conjunction and consultation with the City ~ttorney and Bond Counsel; second by Councifuman Lazaneo,¡ carried 5-0. , 2. The Los Altos Hills Annexation which the City Council aSked Mr. Fleming to study, reaches the property of Perman- ente Cement Co. on the north side. The Palo Alto Annexation previously filed, running along Skyline Blvd., approaches Permanente on the south and west sides. 3. The County Boundary Commission approved,this afternoon, Cupertino annexation map and descriptions titled Homested No, 3. I. Miscellaneous 1. Councilman Lazaneo said he will confer wit~ the City Manager on the subject of future ordinances designed to control smog problems in the City of Cupertino. 2. On the subject of drainage along Highway 9, the City Engineer said that virtualy all storm drain funds are encumbered by the Homestead Rd. storm drain project. The City Manager suggested that the Division crf Highways might assume some responsibility for storm draip- age along Sign Route 9. IX. NEW A. BUSINESS Miscellaneous An executivð session was scheduled for Saturday, January 10, at 10:00 A.M. X. ADJOURNMENT Moved by Councilman Lazaneo, second by Councilman Pelosl thet the meeting be adjourned (at 11:05); carried 5-0. ~spe,c, tfully sUb,mitted ~~~ tÄ. \~ Lawrence K. Martin City Clerk -~ õ