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CC 01-16-61 228 P. O. Box 597 AL 2-4505 ~ I-;¡ ~ ¡..¡ cr: CITY OF CUPERTINO CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG - II ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Pelosi, Jewett, Lazaneo, Salch Benetti City Manager, City Engineer, City Attorney, Ci tJ Clerk III MINUTES OF THE PREVIOUS MEETINGS: January 4 and 5, 1961. Moved by Councilman Lazaneo that the minutes of January 4 and 5 be approved with the correction as noted in the previous meeting, as noted by Councilman Benetti; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 IV PUBLIC HEARINGS: 1. Ordinance 160, An Ordinance Of The City Of Cupertino Prohib- iting Certain Land Uses For Multiple Dwelling Apartment Dis- trict R-2-H And R-3-H Which May Be In Conflict With Proposed Zoning Ordinance And Declaring The Urgency Thereof. Ordinance 160 was read. The Mayor called for discussion of Ordinance 160. There was no further discussion. Moved by Councilman onded by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Saich that Ordinance 160 Jewett. Jewett, Lazaneo, Saich, None Benetti 4-0 be enacted; Sec- Peb3i 2. Stevens Creek #8: Annexation hearing. Ordinance #158. No protests were filed against the annexation designated Stev- ens Creek #8. Moved by Councilman onded by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lazaneo that the hearing Saich. Jewett, Lazaneo, Saich, None Benetti 4-0 be closed; p elosi Sec- First reading given to Ordinance 158, An Ordinance Approving The Annexation Of Certain Contiguous Uninhabited Territory Designated Stevens Creek #8 To The City Of Cupertino In Acc- ordance With Section 35300 Et Seq. Of The Government Code. 3. Anton & John Saich: Application to rezone 25 acres to C-I-H; 10 acres to R-3-H: northwest corner Stevens Creek Blvd. & Highway 9. Recommended by Planning Commission Resolution #31. Councilman Saich vacated his seat on the City Council. Donald Barr, Pacific Engineers, represented the applicant. He informed the City Council that the applicant may need a vari- ance to bild a four-plex apartment on the 7500 sq. ft. lot. The Council advised Mr. Barr to consult Ordinance 160 with par- ticular reference to the density permitted in order to deter- mine the unit and area requirements. No protests were lodged against the application. 229 Moved by Councilman Lazaneo that the public hearing be closed; Seconded by Councilman Jewett. AYES: C,)uncilmen: Jewett, Lazaneo, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 3-0 Council instructed that the maps, Exhibit A, be altered to add the designation "H" on the area marked R-3. Ordinance 159 given first reading. Councilman Saich resumed his seat. 4. Appeal: Racanelli & Duvaras: Application for Variance from Ordinance 144 (Revised) to permit two story dwellings where Ordinance allows one story. Denied by Planning Commission Resolution 32. The applicant was furnished a copy of recently enacted Ordi- nance 160. Applicant stated that his understanding of Ordi- nance 160 makes his appeal moot. Council continued the hearing to Wednesday, January 18, 1961, at 7:30 P.M. 5. Appeal: Yamaoka-Sakura Construction Co.: Application for R-3-H south side Lucille Avenue, 420' x 914'. Denied by Plan- ning Commission Resoltion 33. Don Hobbs represented Yamaoka. He related the difficulties presented in attempting to effect a street pattern confronted by the proposed interchange of the Junipero Serra Freeway. Mr. Yamaoka reported that his latest information from the State indicates a diamond type interchange is expected at the Highway 9~nction. Since that time the City of Cupertino has filed Resolution 408 with the Division of Highways requesting, among other things, a clover leaf interchange at Hi§hway 9 and a realignment of Lucille Avenue which puts a go turn in Lucille Avenue and causes it to intersect Mariani Avenue. The hearing was continued to Wednesd~ January 18, 1961 at 7:30 P.M. to allow the applicatn to present the map which he wishes the Council to consider. V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 157: Rezoning property of Jack Mariani to R-I, C-I-H, R-3-H; 52 acres. Second reading. Moved by Councilman Saich that full reading of Ordinance 157 be waived by unanimous consent, reading to be confined to title only; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saìch, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Ordinance 157 read by title only. Moved by Councilman Jewett that Ordinance 157 be enacted, An Ordrance Amending Section 1 of Ordinance 002 By Reclassifying A Certain Portion Of The City Of Cupertino From An A-2:B-4 District To R-3- H, R-I, And C-I-H District; Seconded by Coun- cilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi B. Ordinance 002D: Amending Ordinance 002 By Adding The Classi- fication "Amusement Resort Zone". First reading. Continued to Wednesday, January 18, 1961, at 7:30 P.M. The City Council asked that the Council minutes show that the City Council initiated 002D rather than recommended the ordi- nance. 230 VI PAYING BILLS A. Resolutions 399 and 407 ~ ~ c::: .... t:a= Moved by Councilman Lazaneo that Resolution 399 be enacted; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Moved by Councilman Lazaneo that Resolution 407 be enacted; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 VII PROTESTS AND WRITTEN COMMUNICATIONS 1. Survey Committee on Children And Youth: Card expressing app- reciation of Cupertino's contribution to the survay. 2. Inter-City Council: Committee of Mayors will meet Thursday, January 19, in the City of San Jose Conference Room. 3. Milpitas Citizens Committee: Notice of 7th birthday party, City of Milpitas. 4. League of California Cities: Meeting of Peninsula Division January 26, Richey's, Palo Alto. 5. Sunnyvale Daily Standard: Third annual report of progress in Santa Clara County will be published May 26, Ig61. 6. A.B.A.G.: The annual meeting has been called for February 24. 7. League of California Cities: Bulletin, City Street Deficiencies. 8. County of Santa Clara: Copy of County expressway policy reso- lution adopted December 27, 1960. Moved by Councilman Saich that the communications be received and filed; Seconded by Councilman Lazaneo. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 VIII REPORT OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner Councilman Saich reported that the County Trafficways Committee is considering methods of raising money for road purposes. There are several possibilities including the levy of an addi- tional l¢ gas tax. The condition of City streets was discussed in general. B. Report of Police and Fire Cheif (City Manager) I. Mr. Storm read the traffic summary submitted monthly by the Sheriff's Department. 2. The report of the Central Fire District, Cupertino Station, was also read. 3. Mr. Storm reported that the directors of the Cupertino Chamber of Commerce would like to meet with the City Coun- cil to discuss the annual budget in particular to deter- mine the possibility of financial aid from the City. Thursday, January 19 at 12 noon was named as the time for the City Manager and whatever Councilmen can attend, to hold a luncheon meeting with the Chamber in order to dis- cuss City participation and the exact disposition of such funds, if any. Councilman Lazaneo said that the City should not concern itself with activities of the Chamber beyond the City boun- daries. 4. Moved by Councilman Jewett that the Cupertino "alternate" to A.B.A.G. be Councilman Lazaneo; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 231 Moved by Councilman ointed "alternate - Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lazaneo that the City Manager be app- alternate" to A.B.A.G.; Seconded by Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 C. Report of Recreation Commissioner Absent. D. Report of City Treasurer The monthly traffic fines were reporeted. E. Report of Public Health and Safety Commissioner Councilman Lazaneo reported that he is working on an air poll- ution ordinance in conjunction with the Clty Manager and at some future time the draft of the ordinance will be referred to the Planning Commission. F. Report of City Manager See VIII B above. G. Report of City Attorney Mr. Anderson introduced Resolution 40g, A Resolution Of The City Council Declaring Its Intention To Order Vacation Of Certain Public Easements In The City. Moved by Councilman onded by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Saich that Resolution 409 be adopted; Sec- Jewett. Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 The Resolution involves a public utility easement along the south line of Lot 10 and the east line of Ldg of Tract 2527, La Cresta. H. Report of Planning Commission See Planning Commission Minutes of January g, 1961, Council agenda of January 16, Ig6l, Planning Commission Chairman re- port of January 16, Ig61. Commissioner Fitch, from the floor, questioned the City Council with respect to the financial meeting proposed by the Planning Commission. The Mayor informed Mr. Fitch that the City Council is meeting January IS and 19, and on the latter night will hold a joint session with the Planning Commission to consider the financial meeting that was proposed. I. Report of City Engineer I. Mr. Fleming reported that Bubb - 4 and McClellan - 2 ann- exation maps and descriptions are prepared and that the petition will be circulated next week, and consequently, can appear on the Council agenda as soon as signed peti- tions are presented. The City Engineer report of January 16, 1961 contained the facts of the Vega Electronics Corp. application, re- futing the public version appearing in the Cupertino Courier. Moved by Councilman Lazaneo that the City Manager be auth- orized to send a letter to the Cupertino Courier stating the actual facts surrounding the application of Vega El- ectronics Corp. with respect to their subsequent withdrawal; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 2. Storm Drainage. A date to study storm drainage for the City will be deter- mined on January IS, Ig61. ") '-' 2; ....û IX UNFINISHED BUSINESS A. Civil Defense Plan In progress. '-" ~ o ...... tJ: B. Chamber of Commerce Budget See VIII B above. C. Pedestrian Easement to Stevens Creek School Adjacent To River- crest Subdivision. The~ents were further reviewed by both the subdividers and the City Council. Two recent letters, received December 30, 1960, addressed to ~ the Cupertino Planning Commission were placed before the City Council. One letter from the Fremont Union High School Dis- trict asked the City to make provision in the future for 10 ft. pedestrian paths, finished on both sides, and fully con- creted where the need arises for such pedBtrian paths. The other letter, from Cupertino Union School District requested that consideration be given the construction of 10 ft. ped- estrian walks where the need appears. X NEW A. Moved by Councilman Jewett that the City approve the Stevens Creek School pedestrian walkway with the provision that the unpaved portion of the 10 ft. easement be covered by macadam with a rock base, abutting the existing sidewalk, also that a full 10 ft. walkway be completed from Creston Drive to Stevens Creek Blvd.; Seconded by Councilman Saich. AYES: CounGÚmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 BUSINESS Miscellaneous None XI ORAL COMMUNICATIONS Paul Finch, Idlewild AssocEtion, asked the Council to consider the stationing of a traffic policeman at busy intersections, es- pecially those adjoining Idlewild Subdivision during heavy traffic hours. The City Manager answered that he has already discussed the sub- ject with the Sheriff's Office. Councilman Lazaneo said that he considers a traffic signal a nec- essity at the intersection of Blaney and Stevens Creek Blvd. which he described as the most hazardous corner in the City. He also said that he preferred to signalize a corner such as Blaney near the heart of the City rather than installing signals near the Ci ty limits. XII ADJOURNMENT Meeting adjourned at 11:10 P.M. to January 18, 1961 at 7:30 P.M. APPROVED : (l.± ~. f1/"~, Mayor,~Jt of CUpertino ~TEST~~ ~. ~L ~lerk