CC 08-21-61
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19321 SO. SARATOGA-SUNNYVAL1!: ROAD
AL 2-4505
C I T Y 0 Feu PER TIN 0
CUPER'l' lNU , (,;ÁLH'U!iN lA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - August 21, 1961
PLA CE:
TIME;
10321 So. Saratoga-Sunnyvale Road
8:00 P.M.
I SALUTE TO THE FLAG
CI
ROLL CALL: Councilmen Present:
Councilmen Absent:
Staff Present:
Benetti, Pelosi, Saich am Lazaneo
Jewett
City Attorney, City Manager, City
Clerk and Asst, to City Engineer
III MINUTES OF THE PREVIOUS MEETINGS: August 7, 10, 12, 16, 1961,
Moved by Councilman Benetti that the minutes of August 7,
10, 12, and 16, be approved as submitted, Seconded by Councilman
Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Jewett
4-0
IV PUBLIC HEARINGS:
A. City Title Insurance Co,: Application to rezone 2.18 acres,
5 lots on the east side of Calabazas Creek from R-l to R-3-H; 400'
west of Miller, 746' south of Stevens Creek Boulevard. Recommended
by Planning Commission Resolution No, 62. (7.6 acres initially
requested by applicant)
Rene Helou, representing the applicant, stated he wished to
submit a new proposal to the Council, a planned development for the
entire acreage rather than merely for the 2.18 acres before the
Council.
The Mayor advised the applicant that the Council can only
act on the 2,18 acres, not on the whole parcel.
Councilman Pelosi took the position that the Council should
act on the matter of 2.18 acres only, and that any other proposal
should be sent back to the Planning Commission,
The matter was referred to the Planning Commission agenda of
August 28, 1961.
V ORDINANCES AND RESOLUTIONS FOR ADOPTION:
A. Ordinance 185: Rezoning property of Stella Gertson freom
R-l:B-2 & A-2:B-4 to C-l-H and AR; 4 lots, McClellan Road; 4 lots
Mountain View-Stevens Creek Road at McClellan; 17.5 acres east of
Mountain View-Stevens Creelc Road. Second Reading, (File No, 31-2,
1961) ,
Moved by Councilman Benetti that full reading of Ordinance 185
be waived by unanimous consent, and reading be confined to title
only. Second by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Jewett
1,-0
Ordinance 185 read by title only, being an ordinance amending
Section 1 of Ordinance No. 2 by reclassifying a certain portion of
the City of Cupertino from R-l:B-2 District andA-2:B-4 District to
C-l-H District and AR District,
Moved by Councilman Saich that Ordinance 185 be enacted.
Seconded by Councilman Pelosi,
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AYES; Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
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Benetti, Pelosi, Saieh and Lazaneo
None
Jewett
4-0
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B. Ordinance 186: Rezoning property of Earl Sorenson from
A-2:B-L~ to R-3-Hj Ill' x 215' south side of Homestead Road, 213'
east of Blaney. Second Reading, (File No. 32-2, 1961)
Moved by Councilman Pelosi that full reading of Ordinance 186
be waived by unanimous consent, and reading be confined to title
only, Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
JeVlett
L~-O
Ordinance 186 read by title only, an ordinance amending Sec. 1
of Ordinance No. 2 by reclassifying a certain portion of the City
of Cupertino from an A-2:B-4 District to an R-3-H District.
~lovec1 by Councilman Saich that Ordinance 186 be enacted,
Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich anI Lazaneo
None
Jew8tt
4-0
C. Ordinance 187: Rezoning property of Louis A, Paganini from
R-3-H and R-l:B-2 to C-l-H; south side of Stevens Creek Blvd., to
a depth of 500'; located between Blaney and East Estates Drive.
First Readin~, (Planning Commission Resolution No. 51, File No.
13A-Z, 1961.)
Ordinance 187 given first reading,
D, Ordinance 188: Rezoning property of Louis Stocklmeir from
R-l:B-2 to R-l, R-3-H, C-I-H, property located both north and south
of Stevens Creek Road near Scenic, Querida and Crescent, First
Reading. (Planning Commission Resolution No, 61, ~;'ile No. 10-2,
1961. )
r
.
Ordinance 188 given first reading.
E, Resolution LI-83: Granting variance to Herbert ICetell, Inc,
(Planning Commission Resolution No. 60, File No, 13-V, 1961)
Resolution 483 was read, Councilman Benetti aslced what condi-
tions were listed in Exhibit A.
The City Clerk advised that there were no conditions, but that
the resolution was prepared in the City Attorney's office, and
Exhibit A was to be attached in the event certaln conditions were
imposed.
The City Attorney suggested that the reference to Exhibit A
be striclcen from the resolution,
Moved by Councilman Pelosi that Resolutìon Lf83 be adopted.
Seconded by Mayor Lazaneo,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
ABSTAINED: Councilmen:
MOTION CARRIED:
VI PAYING BILLS:
Pelosi and Lazaneo
Benetti
Jewett
Saich
2-1
A.
Resolutions 480 and 481.
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Moved by Councilman Benetti that Resolution 1~80 be adopted.
Seconded by Councilman Saich,
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Jewett
4-0
]yloved by Councilman Saich that Resolution Lf8l be adopted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MQTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
NO!'1e
Jewett
4-0
Councilman Saich aslced .~ho would sign City checlcs in the
absence o~ Councilman Jewett.
Mayor lazaheo advised that he is still Vice-Treasurer and is
authorized to sign the checks,
VII PROTESTS AND WRITTEN CO!~ICATIONS:
Dean Sayre, 10805 Mountain View-Stevens Cree]c Road, Monta
Vista, stated he wished to speak on the matter of the rezoning of
the Gertson property, but assumed he could not inasmuch as the
ordinance had already been adopted,
The Mayor advised that the ordinance had been given a second
reading and the Council had passed on the zoning, however o~~ered
assurance that the City talces grea t pains in rezonirg matters and
that the development will be a high calibre one, and not detri-
me!'1tal to the area,
In answer to a question by Mr. Sayre, Mayor Lazaneo stated
that in order to find out what is transpiring in Cu~ertino, all
matters of this type originate at the Planning Commission level,
and are then brought to the Council. He suggested interested
persons malce a point to check in with City Hall and pick up the
agenda, and attend the meetings,
Councilman Saich stated that notices are also posted in the
area.
(1) Alexander Pope, Administrative Assistant, Office of the
Governor: Letter thanking the City Council for their letter in
opposition to AB 2626,
(2) O~fice of the Governor: Acknowledging letter recommend-
ing Joseph P. Kelly for appointment to Municipal Court, Santa
Clara-Cupertino Judicial District.
(3) Association of Bay Area Governments: Letter announcing
meeting, Friday September 22, at the Cla.remont HoteL
]Y~yor Lazaneo stated that very frequently letters are received
in Cupertino from persons in adjacent areas, which are not in agree-
ment with certain City functions, He further stated that when
letters are reeeived, containing signatures and the addresses,
the Council will look into these matters and take action, No
action will be taken on letters received without signatures.
(4) Toro Development Co.: Letter regarding cloverleaf at
Wolfe Road, and requesting the Council to reduce the width of
Claremont Drive by 4 ~eet.
The City Manager requested the matter be referred to the City
Manager and City Engineer ~or study regarding the feasibility of
reducing the width of this street.
(5)
entrance
harmless
A. T. Cook and Richard J. Wilson: Letter concerning
monuments at Rivercrest subdivision, requesting hold
agreement be waived.
The Mayor asked the City Attorney what would be the objection
to waiving the hold harmless agreement as requested.
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The City Attorney replied that his objections were the same
now, as at the time the matter was first brought to his attention.
He further stated that he Has not being discriminatory to these
individuals, but that the City needs the protection of this agree-
ment for any such structure, Most cities do not permit the
placing of a structure on public property by private individuals.
He further said that the City must consider tte maintenance
problem; that the agreement also rna!{es the developer responsible
for maintenance, as well as any liability. He stated that this
involves an important policy, and that this is a matter for the
Council to determine, and set a policy for future cases, He
advised that hold harmless agreements are a common practice in
business,
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Councilman Benetti stated he was opposed to waiving the hold
harmless aßreement, and that the developer stands to gain by the
construction of the entrance monuments, not the City,
Councilman Pelosi concurred with Councilmai1 Benetti, and also
felt that the City should establish a policy with regard to monu-
ments. He suggested the City flfanager contact Coole and Wilson,
asking them to reconsider,
The City Manager stated that the developers were adamant in
their position that they cannot build the structure on private
property, and cannot or will not build it unless the hold harmless
agreement is waived,
Mayor Lazaneo felt that the erection of the monument is
necessary for the beautification of the area. He requested the
City Manager to check with other citles regarding their policy in
such matters,
Councilman Pelosi moved that the City Manager and City Attorney
prepare for discussion, a draft pertaining to monuments erected,
specifically with regard to hold harmless agreements, Seconded by
Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CAHRIED:
Benetti, Pelosi and Saich
Lazaneo
Jewett
3-1
VIII REPORT OF OFFICERS AND COMMISSIONERS:
A. Report of City Treasurer:
No further report,
B, Heport of City Engineer:
Mr, Perkins stated they had not submitted a written report,
however one item for discussion was that Tract 19h6, Pringlewood,
improvements have been completed in accorqance with the plans and
specifications and that all matters pertaining to the City
Engineer's office have been complied with. He requested the im-
provements be accepted for maintenance by the City.
Discussion arose as to the correct procedure for accepting
improvements, whether by minute order, or by resolution. Investiga-
tion proved that resolutions must be adopted acceptinß the tentative
map, and dedications, however acceptance of the physical improve-
ments may be by minute order, on the recommendation of the City
Engineer.
Councilman Saich moved that the public improvements including
streets, curbs, gutters, sidewal1q" etc., be accepted for mainten-
ance by the City, subject to the receipt of a written report by the
City Engineer. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Je\~ett
4-0
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C, Report of City Attorney
The City Attorney reported on the present status or the Brown
Act amendment, effective September 12, 1961. The amendment makes
possible discussions between the City Attorney and City Council
concerning litigation, at private sessions. This measure received
strong support throughout the state. He stated it vlilI be most
helpful 1n safeguarding the public funds inasmuch as amounts for
settlement may be discussed without the opposing counsel having
full lcnowledge of the matter.
Secondly, executive sessions without the press or public are
proper where a matter is brought up for discussion and no action
taken.
D, Report of P~anning Commission:
(See Planning Commission minutes of August 14, 1961.)
E, Report of City Manager:
The City Manager stated, with regard to the League of
California Cities Convent lon, that a meeting for discussion of the
sister city program will be held October 22, 1961, at 2:30 P.M.
Any councilman may attend. He stated that he would send nottce
to the Council in his next report.
Hi th regard to the F'isher well proposed to be used by the
Cupertino Water Department, Mr. Fisher is sealing it off and clean.
ing up, However, there remains work to be done with regard to the
sewer line adjacent to it, The City Manager requested permission
to write to the Sanita~J District re&arding the well.
Moved by Councilman Pelosi that the City ~~nager be authorized
to negotiate with the Sanitary District with respect to sealing the
Fisher well, Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Jewett
4-0
~~r, Storm referred to a letter from r~r, Trasle of the State
Highways Department regarding a diamond interchange at Junipero
Serra Freeway and Highway 9. The City Manager stated that he
would write to him regarding the matter, if agreeable with the
Council.
Mayor Lazaneo suggested the matter be held in abeyance for a
fevl days.
The City Manager stated that he had contacted Mr, Sturdivant
of the County Planning Department, and that a meeting between the
City and the County PlanninG Department will be scheduled when
Mr, Belser's assistant returns.
With regard to the Recreation Department, Councilman Benetti
asleed that upon approval of the budget, the City r·1anager be
instructed to hire the recreation director and get the recreation
program under way.
Councilman Benetti moved that the correspondence be received
and filed, Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Pelosi, Saich and Lazaneo
None
Jewett
I¡_O
Councilman Saich stated, with reference to the trafficv,ays
resolution to be referred to the City Attorney, that the resolution
has been forwarded to the City Attorney for revie\'1 and comment. The
Mayor instructed the City Attorney to review the resolution and
report bacle to the Counci 1.
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IX
UNFINISHED BUS1NESS:
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A. Budget: 1961-62 fiscal year; Establishing tax rate,
Resolution l¡78,
The r~yor announced that a study session will be held before
action is taken on the budget,
B, County Water Commission:
Councilman Pelosi reported that the Chairmai1 of the Water
Commission said that a review of the study made by the Stanford
Research would be made, and a meeting would be held at the comple-
tion of such study, It then developed that the research report
would not be necessary and the ~va ter Commission l'1Ìll meet some time
next \'Ieele. Councilman Pelosi said that he would lilee to present,
on behalf of the City, a report regarding the lacle of support by
the Board of Supervisors. Councilman Pelosi said further that 16
citles are represented by the Water Commission and these cities
are going to have to worle together, He stated that a 5¢ tax rate
has been established, He said that he would like to get more
information and then Horle with the City Manager.
The Mayor aslced that the report be reviewed by the Council
before it is submitted.
C, Hard Crump: Storm Drain Reimbursement.
The City Engineer reported that he met with Mr, Crump and
discussed the matter with his engineer. He went into the field
and toole measurements, etc. in order to revise tho original
recommendation as to the amount of reimbursement, but has 'not had
an opportunity to go over it with Mr. Crump, to ascertain if there
is still a difference.
The Mayor directed Mr, Perkins to go into this matter with
Mr. Crump, and asked if this would be agreeable. Mr. Crump answered
in the affirmative.
D, Ordinance 47, Revised (Subdivision Ordinance)
The City Attorney stated the ordinance should be referred to
the Planning Commission, and requested to be contacted regarding
any changes.
The Mayor referred the matter to the Planning Commission,
Councilman Benetti stated that the last ordinance in his boo!{
is Ordinance lLl5; that he had no copies of subsequent ordinances,
He requested that the booles be brought up to date,
The City Manager stated that he would see that ordinances
were supplied to all Councilmen,
E, Miscellaneous
None
X NEW BUSINESS:
A. Revised Freeway Agreement: State Route 114 (Stevens Creek
Freeway) - Resolution !-f82 ,
George Perle1ns stated that the resolution had been referred
to the City Engineer's Office to determine the physical difference
between the original freeway agreement and the new proposal. He
stated tney did not revie\'1 the agreement with regard to legal
aspects, One question had to do with the interchange at Homestead
and the freeway. He stated under the provisions of the new agree-
ment, full access is not provided. He stated that the original
agreement provided access from Homestead Road from all ways, The
new proposal has eliminated access from the north onto Homestead
Road, and has also eliminated access from Homestead Road going
south,
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413
The r~yor instructed the City Manager to get in touch With the
Division of Highways for a complete report, and to report to the
Council at its next meeting.
B. Miscellaneous
None
XI OP~L COMr~ICATIONS:
None
XII ADJOURNMENT:
The City Council adjourned at 9~22 P,M, and immediately re-
convened in personnel session. Meeting adjourned to August 22,
1961, 8:00 P,M.
APPROVED:
/s/ Niclc iJ, Lazaneo
r~yor, City of Cupertino
t.. ATTEST:.
:1 'L...Y\~~.J:.
'., City ClerIc
/
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