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CC 09-05-61 426 ~ ~ ~ 10321 SO. SARATOGA-SUNNYVALE ROAD AL 2-4505 ~ ~ C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - September 5, 1961 PLACE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M, I SALUTE TO THE FLAG II ROLL CALL: Councilmen Present: Councilmen Absent: Starr Present: Benetti, Jewett, Pelosi, Saich Lazaneo City Manager, City Attorney, City Engineer, Dep, City Clerk Vice Mayor Benetti presided. III MINUTES OF THE PREVIOUS MEETINGS: August 21, 22, 29 & 31, 1961 At the request or Councilman Jewett, approval of the minutes or August 21, 22, 29 and 31, 1961, was deferred until the next regular meeting. IV PUBLIC HEARINGS: A, RIPLEY HOMES: Application to rezone 2 acres on the west side of Blaney between Mariani and Forest, adjoining Triumph No.2 Sub- division from R-l:B-2 to R-l. Recommended by Planning Commission Resolution 63, Tentative Map (File 35-2-61) Councilman Benetti reviewed the application and referred to the conditions listed in the Planning Commission Resolution referring to engineering and legal problems, on storm drainage, The City'Attovney stated there were no legal problems involved, The City Engineer stated this was the third unit to be developed. The last two units are on the west side of Blaney Avenue and would be temporarily served by the lines along Blaney, He said there is an engineering problem to be solved, Councilman Jewett stated that in addition to the 12 standard conditions, a 13th has been added to take care of the engineering problem, Councilman Pelosi stated this is a public hearing for the rezoning, and that the matter will come before the Council again. He aslced whether or not the roads were situated in conformity with the neighborhood plan, and whether the tentative map was being considered. The City Engineer advised that on the previous two units, the tentative maps were considered at the time of rezoning to see if rezoning was warranted, and whether it would rit in with the neighborhood plan. He stated this fits in with the neighborhood plan and ties in with the other two units. He said further that the matter of storm drainage has been discussed previously, and that the Council should bear in mind that other properties adjacent to Blaney. will be coming. There is a safety factor in the conditions listed in the Planning Commission resolution, he said. George Somps, 1003 El Camino Real, Sunnyvale, represented the applicant. He referred to the map and pointed out Units 1 and 2, stating that the area proposed for rezoning at this time is a small piece of property integrated lnto Unit 2, and is in conformance with the over-all plan. He said the road pattern has been worked out to the center of Mariani Avenue. Regarding the matter of storm drainage he assumed the existing facilities which are not used to full capacity would be used. Ir overloaded, the èxeess would be allowed to flow down Blaney Avenue. -1- 42ft Coun~ilJllen Benetti asked for comments from the audience, The~ were none. Moved by Councilman Saich that the hearing be closed. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saieh None la.zaneo 4-0 Moved by Councilman Saich that the City Attorney be instructed to draft an ordinance rezoning 2 acres on the west side of Blaney between Mariani and Forest, adjoining Triumph No.2 Subdivision from R-l:B-2 to R-I, as recommended by Planning Commission Resolu- tion 63. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 Councilman Pelosi stated he was concerned about storm drainage and sewer problems, and requested a full report on sewers and storm drains in this particular area for the next meeting of the Council. The City Engineer stated that no sewer problem eXisted. When Units 1 and 2 went in, a report was submitted on the storm drainage, The problem consisted of integrating the system with one across the road. He stated that at that time the Council as a whole felt we should get development into the City and we are requiring developers to put in a 30" pipe in Blaney. He said further that he will be glad to review the situation again. The City Manager expressed the opinion that when the ultimate plan comes up, the Council can control any feature as long as the exhibit is attached. Mr, Somps asked the date for the consideration of the tentative map, and was advised by the City Engineer that it would be taken up after the rezoning is completed, probably at the October 2nd meeting, B. JOSEPH F. BROWN: Application to rezone 8t acres on the west side of Highway 9, 1819' north of Stevens Creek Blvd" from R-3-H & R-I:B-2 to M-I-H & R-3-H, Recommended by Planning Commission Resolution 64, (File 22-2-61) Joseph F, Brown addressed the Council stating that this matter has been before the Council previously and before the Planning Commission twice. He said that everyone was acquainted witn the situation, He pointed out the location of the animal hospital on the map. Councilman Benetti asked about his plans for the M-I-H area being requested. Dr. Brown stated that he has no plans except possible expansion of the hospital. He stated that most jurisdictions require M-I-H for animal hospitals due to the noise factor, and he wished to con- form the area to the useage, He stated he might rent some space for some type of Service. He said he must retain ownership in order to avoid the present enterprise being ruined by some other ownership which might change the use of the land. JOhn MacGowan stated he owned a real estate brokerage office on the north side of the property in question, and was concerned about having M-I up against a C-2 zone. He asked if there was to be a street for access to the R-3, Dr. Brown stated it would depend on how fast the other properties develop, whether the school puts in a street, and whether Mariani was extended across Highway 9. He said it depended on who developed first and where the street goes, The City Engineer pOinted out the area on the neighborhood plan and stated that it does not call for entrance to the school ·-2.. 428 ~ ~ ~~ property. He said it was doubtful that the school would put a ~ street through their property for use as a public right-of-way, r~ They may put in a private driveway, and may prefer to have a street run through to the school to lœep the traffic off Highway 9. Councilman Benettl expressed the opinion that if Mariani is extended across Highway 9, it would seem to be a precarious crossing unless there is signa11z~tion or re-routing of traffic, and therefore, extension of ~~ariani is unlileely, The City Engineer stated that in view of the distance between Stevens Creek and Homestead Road, there should be a crossing. He said Porest may not cross and Mariani appears to be the logical one. Mr, MacGowan stated he was opposed to zoning of 4 acres for industrial zone, without some buffer, He said he has no objection to the animal hospital, but does not like 4 acres zoned M-I-H, Moved by Councilman Saich that the hearing be closed. Seconded by Councilman Jewett, Councilman Pelosi questioned the matter of M-I-H zoning for a dog and cat hospital. He stated that many weel<s ago, several montfis ago in fact, this was handed back to the Planning Commission for re.. consideration, and is now back to the Council with the same recommendation. He expressed disapproval of the Commission's action in approving this zoning and denying a rezoning on Stevens Creele. They are taking it away from Stevens Creek and giving it to Highway 9, he said, He went on to say that the Council told the Planning Commission this belongs in a different category. The Council asked the Planning Commission to prepare a C-2 ordinance containing provisions for dog and cat hospitals. He asked what happened to this request. He said this should be discussed bp-fore the hearlng is closed. He wanted to know why, when something is sent to the Planning Commission, they don't act and report back to the Council. Councilman Jewett said it was not the duty of the Council to tell the Planning COmmissi,on what to do. This application was sent bac!e to the Planning Commission for reconsideration, and was returned to the Council in ltS original form. He said he concurred with the Planning Commission, that there is nothing wrong with M-l. He stated Dr, Brown has an established business and is justified in his request. The action has proceeded in due course, he said. Councilman Saich said he was in agreement wlth Councilman Jewett. He said there is a service area abutting the property and with a school to the south, M-l-H is proper because of existing uses. Councilman Pelosi said he had no objection to a dog and cat hospital but expressed the opinìon that M-l does not belong on Highway 9, Councilman Benetti asked for a review of the matter, and for the reading of the minutes pertaining to referring this application bacle to the Planning Commission. The City Manager read from the minutes of April 17, 1961, wherein the application was referred to the Plannìng Commission for reconsideration, and requesting them to incorporate dog and cat hospitals into a C-2-H ordinance. Moved by Councilman Pelosi that the application be tabled fo~ a period of two weeks. Discussion arose as to the motion to close the hearing and the motion to table the applicatìon. Councilman Pelosi wlthdrew his motìon but requested the City Attorney to prepare a legal opinion in writing, stating the effect of a motlon to table over a motion to close a hearing. John MacGowan arose to add to his comments, and was advised that the hearing was closed. ~ - .Yo Lj29 Councilman Pelosi moved that the pUblic hearing be reopened. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION PAILED: Benetti and Pelosi Jewett and Saich Lazaneo Vote was cast on Councilman Saich's previous motion to close the hearing. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett and Saicl1 Pe 10 si Lazaneo 3-1 Councilman Jewett moved to postpone action on an ordinance to rezone the Brown property until after a study session is held. Seconded by Councilman Saich, AYES: Councilmen: NAYS:. Councilmen: ABSENT: Councilmen: MOTION CARRIED: . Benettl, Jewett, Pelosi and Saich None Lazaneo 4-0 A study session was scheduled for September 18, 1961. Councilman Saich aslced the applicant if he is willing to dedicate for the widening of Highway 9, if the Council is in accord with the zoning, Councllman Jewett said that the Planning Commission Re~olution 64 provides for the dedication for the widening of Highway 9. V ORDINANCES AND RESOLUTIONS FOR ADOPTION: A. ORDINANCE 187: Rezoning property of Louis A. Paganini fro~ R-3-H & R-l:B-2 tð C-l-H, south side of Stevens Creek Blvd., to a depth of 500'; located between Blaney and East Estates Drive. Second Reading. (Plannlng Commission Resolution 51) (File l3A-Z-6l) Councilman Benetti read a letter from Arnold Berwick, attorney representlng the applic2.nt, The letter requested the second readlng of the ordinance be continued to September 18, 1961, Moved by Councilman Saich that the second reading of Ordinance 187 be continued to the next regular meeting, September 18, 1961. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 B. ORDINANCE 188: Rezoning property of Louis Stocklmeir from R-l:B-2 to R-l, R-3-H 8; C-l-H, property located both north and soutn of Stevens Creek Road near Scenic, Querida, and Crescent. Second Reading, (Planning Commission Resolution 61) (File 10-2-61) Moved by Councilman Jewett that Ordinance 188 be read by title only, Seconded by Councilman Pelosi. A YES: Counc ilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosl and Saich None Lazaneo 4-0 Ordinance 188 was read by title only, being an ordinance amending Section 1 of Ordlnance No, 2 by reclassiiying a certain portion of the City of Cupertino from an R-l:B-2 District to an R-3-H, R-l and C-l-H District. Moved by Councilma~ Jewett, that Ordinance 188 be enacted. Seconded by Councilman Salch, ")f- 430 Benetti, Jewett, Pelosi and Saich None I.azaneo 4-0 ¡.. ~ e:: ..... = AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: VI PAYING BILLS: A. Resolutions 484 and 485. Moved by Councilman Saich that Resolution 484 be adopted. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo lJ--O Councilman Saich referred to the payment to the Division of Highways and requested clarification of the explanation of the expenditure, Moved by Councilman Saich that Resolution 485 be adopted, Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 VII PROTESTS AND WRITTEN COMMUNICATIONS: (1) Philip Bagar: Letter submitting resignation as member of Planning Commission effective immediately, Councilman Benetti asked if this demanded immediate attention, and aslced the City Attorney for an opinion. The City Attorney stated that the ordinance provides that a resignation is officially accepted at the time of the appointment of a new commissioner. Councilman Jewett stated we should announce the vacancy and accept applications for a period of about 2 weeks, Those who applied for a seat on the Commission previously should be re- considered at this time, After discussion by the Council, it was moved by Councilman Jewett that the City Manager be instructed to notify each previous applicant that he will be reconsidered for the position and that his previous application and interview are valid. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 (2) Dwight Durkee, Jr.: Letter regarding widening of Highway 9. (3) Santa Clara Contractors and Homebuilders Association: Letter regarding adoption of Uniform Plumbing Code, Councilman Pelosi asked that the City Manager be instructed to look into the matter and report to the Council. (4) Eugene Mastin, Mastin & Kingston: Letter appealing decision of the Planning Commission denying application to rezone property of Jack Dymond, Jr, Placed on Council Agenda for September 18, 1961. (5) Jane G, Brooks: Letter appealing decision Øf the Planning Commission denying the application of Frank Maral for rezoning. Placed on Council agenda for September 18, 1961. -5- 43] (6) Jer~J Fitzgerald: Application for seat on Planning Commission, (7) Town & Country Realty: Letter regarding off-site improvements, Highway 9 and Rodrigues Avenue, requesting extension of constructi,n agreement to September 12, 1962. The City Manager stated he would recommend extension for one year. Moved by Councilman Pelosi that the construction agreement between the City of Cupertino and John Rodrigues be extended for a period of one year, to September 12, 1962, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo L~_O Moved by Councilman Jewett that the communications be received and filed, Seconded by Councilman PeloBi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 VIII REPORT OF OFFICERS AND COMMISSIONERS: A, Report of City Treasurer: No further report. B, Report of City Engineer: (1) Regarding Tract 2808, Pepper Tree, Unit #2, Mr, Fleming stated that the plans have been checked, the fees p~id, and every- thing is in order, and recommended approval of final map, and adoption of Resolution 488. Moved by Councilman Saich that Resolution 488 be adopted, approving final map of Tract No, 2808, Pepper Tree Unit No.2, accepting improvements, and authorizing execution of final map and agreement in connection therewith. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo 4-0 (2) Regarding the development of the Standard Service Station at the northeast corner of Stevens Creek Boulevard and Portal AvenuG, the City Engineer stated that the plans have been approved, the fees paid and recommended adoption of Resolutions L~89 and 490, Moved by Councilman Jewett that Resolution L~89 be adopted, authorizing the Mayor and City Clerk to execute an agreement with the Standard Oil Company of California, Western Operations, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo L~-O Moved by Councilman Jewett that Resolution 490 be adopted, accepting dedication of real property from George IC and Misako Yamaoka. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett; Pelosi and Saich None Lazaneo L~-O -6- .jt32 (3) Regarding the Ward Crump reimbursement, Mr. Fleming stated that upon review of the matter, a letter dated August 31, 1961 had been submitted to the Council recommending the reimbursement of $1,425.17 to Camino Del Homes. He stated he had confirmed this with Mr. Crump and had sent a copy of the letter to him, ¡....o /oao3 ~ "- ~ Moved by Councilman Saich that the sum of ~~1,425.l7 be re- imbursed to Camino Del Homes as recommended by the City Engineer. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: ~lOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo L~-O (4) Mr. Fleming stated he had received a letter from the City of Sunnyvale, Traffic Section, giving certain information regarding traffic studies on Homestead, and requesting the City's considera- tion of lowering the speed limits to 35 miles per hour. Referred to the City Manager for report to the Council. C. Report of City Attorney: (1) Hold Harmless agreements regarding subdivision entry structures, The City Attorney reported on hold harmless agreements per- taining to the erection of entry structures into subdivisions. He stated he had reviewed the subdivision ordinance and there was no provision for such matters. He suggested that if a requirement for hold harmless agreements were integrated lnto the subdivision ordinance, the H Control Committee and the Planning Commission would handle improvements and enforcement of the subdivision ordinance. He stated that if these structures are built on private property we are not liable for maintenance, which is a p~oblem to be considered. Councilman Pelosi stated that these structures enhance the property, bea;,¡tify and malce the area attractive, but when the homes are sold and the development completed, the trouble begins, Moved by Councilman Pelosi that the ordinance be amended to provide that any entrance structures be built on private property, at the expense of the subdivider and the City be held harmless, Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazan'ôo ¡~-O (2) The City Attorney said he was asked to investigate the matter of county expressways money being used in the City of Cupertino with regard to Stevens Creek Boulevard. He read excerpts from the minutes of the Board of Supervisors meeting of June 20, 1960, stating the recommendation that the County manage and control the entire program, and that each city be required to agree to the County's jurisdiction over any road or right-of-way included in this program as a condltion precedent to constructing any part of such road within the city limits, The statutes provide that the County have complete jurisdiction over access, ingress and egress and that the City may retain all other police pÜ1'lers. Councilman Saich as]Œd about the trafficways resolution and stated there was a meetinG next week and he must have the resolution. The City Manager stated he had received the resolution and had forwarded it to the City Attorney for review and comment. He said he would contact the County and get another copy of the resolution. D. Report of the Planning Commission: COuncilman Benetti referred to the Planning Comission's action regarding the rezoning of the Sam Chuck property, stating that the -·7 - AI!)'" "t'è)ð Commission is taking a step in the right direction. The matter of property being rezoned for M-l and then thrown on the market should be reviewed he said, E, Report of City Manager: (1) The City Manager said he had received a copy of a letter from the City of Los Altos regarding the changing of the name of Mountain View-Stevens Creek Road, Councilman Saich stated that the future expressway will end at Mountain View-Stevens Creelc Road, and due to the location suggested the name be changed to Foothill Avenue. Councilman Benetti expressed the view that the City of Los Altos wished to name the road, and Councilman Saich said that since they have only a little jurisdiction, Cupertino should name the street. Councilman Pelosi suggested that Grant Avenue be changed to Homestead Road. He stated that the name change at the present loca- tion is very confusing. Councilman Saieh suggested that since there is a lot of the land in the County, the County Planning Commission should be contacted for an opinion, however, Councilman Pelosi expressed the opinion that we should fi rst come up with a solution and then aslc the Countu to go along. Councilman Jewett stated he would like to see this referred to the cOmmittee on street naming, and the Council instructed the City Manager to turn the matter over to such committee for their recommendations. (2) Mr. Storm stated that at the r2quest of the Council, he had contacted the Board of Supervisors aDd had scheduled a meeting to discuss the Highway 9 agreement on September 13, at 7:30 P.M. in the Board of Supervisors Chambers. Councilman Pelosi stated this would conflict with a Wate~ Commission meeting, and Councilman Saich stated it would conflict with a Trafficways Committee meeting. Councilman Benetti advised that the Council should eonsider the meeting with the County first, that this matter must be resolved, He instructed the City ~~nager to go ahead with final arrangements for the meeting. (3) The City Manager announced an Inter-City Council meeting Thursday, September 7, in Los Altos at Adobe Creelc Lodge, and Councilmen Saich, Jewett and Pelosi indicated they wished to attend. (l¡) Mr, Storm stated that the former r10nta Vista Water Works had an agreement with California Water Company for Lmergency water supply, and stated it would be expedient for the City to have the same type of agreement. He went on to say that California Water Company had prepared an agreement along the same line for execution by the City, which would provide mutual aid for the two agencies in case of emergency. Councilman Pelosi expressed the opinion that the City would benefit by such agreement, !1oved by Councilman Pelosi that the agreement between the City and California Water Company be executed. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: IX UNFINISHED BUSINESS: Benetti, Jewett, Pelosi and Saich None Lazaneo l¡-O A. County Water Commission: Councilman Pelosi stated that the COmmission had met 18.st w2ek. -8- 434 He raconuneooen that the Councll d,'vote $on entire meeting problems and then comment on the method of importation, the meetin~ should be held before the Council meets with to water He said the County. .-- ~ ~ "- ¡;¡e A meeting of the City Council and the Water Commission was scheduled for September 8, 1961, at 8:00 P,M. Councilman Benetti asked the City Manager to notify members of the Hater COmmission, B. Miscellaneous None IX NEVI BUSINESS: A. rUsceJ,laneous None XI ORAL COM1'1UNICA TrONS: None XII ADJOURNMENT: Moved by Councilman Jewett that the meetlng be adjourned to September 8th at 8:00 P.I1. Seco:1ded by Councilman Saich.. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich None Lazaneo }~-ü The meeting Has adjourned at 10:25 P.M. to September 8, 1961, at 8:00 p.r~, APPROVED: /s/ Nick J..:.,.. Lazaneo Mayor, City of Cupertino f;rTESO" ···~~.f ~~, ~ØJ~~~0- Deputy City ClerIc -9-