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CC 12-15-58 p. 0, Box 597 Al 2-4505 C I ~ y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 1958 Place: Time: 10031 Saratoga-Sunnyvale Road 8:00 P,M. I II SALUTE TO THE FLAG ROLL ChLL Councilmen Present: Councilmen Absent: Nathanson, Pelosi, Saich, Wilson Lazaneo III MINUTES OF THE PREVIOUS MEETING OF LECEMBER 1, 1958, were approved, IV ORAL COMMUNICATIONS None V PROTESTS AND WRITTEN COMMUNICATIONS 1, County Boundary Commission: Latest annexations within 3 miles of Cupertino: (a) Serra No, 18 - Sunnyvale (b) Crespi No. 1 - Sunnyvale (c) Stelling No. 2 - San Jose (d~ Bucknall No. 6 - San Jose. 2. County Department of Public Works: Request for land development standards - zoning and subdivision ordinances and established procedures for filing - projected land use and street planning studies. J, County Fire Marshal: Inspection of Cupertino Youth Center, Mariani Avenue, disclosed deficiencies with respect to the State Health and Safety Code. Rein- spection will be made within JO days to determine compliance with the deficiencies mentioned, 4. Joseph A. Kelly: Letter relative to the auditing of City books. 5. Cupertino Chamber of Commerce: Request for additional industrial zoning within the City Limits. 6. Mark Thomas Company: Copy of letter, description and map of Cupertino Annexation Blaney No. J which has been submitted to the Boundary Commission. VI REPORTS OF OFFICERS riND COMMISSIONS A, Attorney's Report 1. Alves Water System: Mr. Anderson reported three main points for consideration, First, there are existing commitments to serve certain farm lands, This means that the City is not at the moment in a position to know the quantity of water which would be left after fulfilling whichever of these com- mitments might still be in effect. Second the question of purifying facilities needs to be studied, Third Monta Vista Water Works is in the process of being absorbed by the Santa Clara Valley Water Conservation District, A municipal water works would presumably need to negotiate with this district, Mr.- Anderson said that steps should be taken by January 1 in order to renew the option. The Mayor set Monday, December 29, 8:00 P.M., as the time for a study session on the Alves Water System. 2. Mr. Anderson reported that the County Building Inspection department has forwarded photostats of all permanent records and permits, saying that no irregularities have been noted on these permits. The Meyor requested that the permits be forwarded to ~re Planning Commission. - 2 - B, J Mr. Anderson said he had been in attendance at the San Jose Council meetings at which the Stelling No. 2 annexation had been on the agenda. He said that he had argued on the basis of the Government èode sections while San Jose deliberated in terms of a previous incident involving another èity. Apparently a court upheld the Saratoga precedent of refiling an annexation in less than the one year stipulated by Section J5007 of the Goernment Code, also 35315, The legal position of Cupertino seems sound, he said. He discussed certiorari, mandamus, and quo warranto. ' Report of Road Commissioner The work on the west side of Miller Avenue has started. Report of Police and Fire Chief Fines collected during the month of November total ~1,231.00, of which the City share is $1,032.68. Planning Commission Report 1. Rezoning recommended for Kensal Const~uction Comþany - about 60 lots west side of Blaney just south of Workman Subdivision. 2. Edenvale Land Company withdrew applióâtion tem- porahly. Yee and Weaver withdrew applic~tion teffiþora~ilY. Cummings, Kyne, and Snow were asked fora more comprehensive application describing tHe sites to be used for ap~rtments. 5. The Commission recommended rezoning for the Lyddon property subject to 9 conditions outlined in the minutes. Moved by Councilman Saich that the Kensal property be rezoned to 7,500 ft. lots with 70 feet the minimum width at the front building line; seconded by Councilman Wilson and carried 4 - 0, Moved by Councilman Saich that a rezoning ordinance be prepared amending the classification of the Lyddon property as requested, subject to the 9 conditions and specifying the depth of 400 feet. Second by Councilman Wilson, carried 4 - O. Introduced at this time was the annexation map of "Blaney 3". Moved by Counc llman Saich that proceedings be started to annex said territory; seconded by Councilman Pelosi, carried 4 - O. Report of City Engineer 1, State Division of Highways will not consent to a traffic signal at the intersection of Homestead Road and Highway 9 at the present time, Mr. Fleming said that the City can appeal by means of a resolution. The Council authorized submission of such a reso- lution. 2. The storm drainage problem on the Cali property is part of a bigger problem and should await a master storm drainage plan. This will provide a solution. 3. The County Building Inspector and Personnel Director are busy and cannot interview Building Inspector applicants until January 14. 4. Thorsten Bachman, owner of the Shell station-corner of Highway 9 and Bollinger, requests that the City accept for dedication that portion of the roadway which was used for widening along both sides of the station. He was asked to prepare a description at his own expense and compile the deed granting the sub- ject property to the City of Cupertino at which time the City could accept by resolution and record it, C. D, 3. 4. E. " - 3 - The E~dr1dge st"lt1on was mentioned at this time and the Council requested that he appear at the next meeting, F. Report of Recreation Commissioner No report G. Report of Health Commissioner - Smog Control In the absence of Councilman Lazaneo the letter from the Air Pollution District was noted, naming January 14 as the time for the Air Pollution Control officer to address a combined meeting of Cupertino service clubs, VII UNFINISI{ED BUSINESS .., Ordinances and Resolutions for ;,doption 1, Ordinence No. 68 - Amending Section 1 of Ordinance 2 By Reclassifying ~ Certain Portion Of The City - Irvine Property (Quinn Subdivision), Second reading. Moved by Councilman Saich that the full reading be waived by unanimous consent; seconded by Councilman Pelosi and carried 4 - O. Moved by Councilman Saich that Ordinance No. 68 be adopted; second by Councilman Pelosi and carried 4 - O. 2. Sign Ordinance !1r. I1nderson said he has checked the statutes and the methods of passing a sign ordinance. He advised public notice of hearings, two before the Planning Commission and the usual two readings before the City Council, Moved by Councilman Pelosi that notice be published announcing the hearing dates, upon conclusion of which recommended a draft will be referred to the City Council; seconded by Councilman Saich and carried 4 - 0, J. Civil Defense Resolution Moved by Councilman Pelosi that Resolution 110 be ~dopted; second by Councilman Saich and carried J - 0 - 1; Councilman Wilson abstained, The resolution authorizes the City representative to sign the warehouse issue sheet for Surplus Property containing certain terms and conditions, B, APpeal on Behalf of Tro'an Construction Company: Mr. Ed Johnson, representing the applicant, explained that the 65 and 67 foot widths result from the fact that the lots have had to be realigned J or 4 times, The houses themselves, he said, will be good quality and a credit to the community. rtfter some discussion, Councilman Wilson moved that an exception be made, rezoning the subject area to R-l with a resolution adopting the tentative map; second by Councilman Pelosi and carried 4 - 0, Councilman Saich then moved to grant a vari~nce on the lot width subject to the tentative map approval and rezoning; seconded by Councilman Wilson and carried 4 - 0, C, Miscellaneous None .: j I NEW BUSINESS .tCl. Miscellaneous The Mayor requested that Mr, Meyerholz be informed that a new City Treasurer will be named, effective January 1, also that the present bond be cancelled and a new one be held in preparation for the new treasurer, , P;,YING BILLS Moved by Councilman Saich, seconded by Councilman Pelosi that warrants 558 - 569 inclusive be approved; 0arried 4 - O. - 4 - X MEETING hDJOURNED UNTIL DECEMBER 22 9.t 4:00 P.M, \.DJOURNED REGUL;\R MEETING OF THE CITY COUNCIL DECEMBER 22, 1958 - 4:00 P.M, I Moved by Councilman Lazaneo, second by Councilman Pelosi th~t John Benetti be named to the Planning Commission; carried 5 - o. II The Mayor n9.med Councilman John Saich as M9.yor pro tem, III Position of Civil Defense Director was declared open pending further study, IV The Mayor named Councilman nnthony Pelosi treasurer of the City, effective January 1, 1959, The necessary bond 9.rrangements were requested. V Councilman Warner Wilson was named to handle public relations, with duties as liaison to the Chamber of Commerce and industrial development committees, VI hfter discussion of the hIvES Water System and the possibilities of a Municipal water works, the matter was referred to a work session on December 29, 8:00 P,M. Mr. hnderson said he would request an extension of the option, that he would seek the books of the company to determine the financial position of the utility, and further explore the fin9.ncial means of acquisition such as a lease- purchase pl~n. Moved by Councilman Pelosi that photostats of the maps and records be made, or the originals be acquired; seconded by Councilman Lazaneo 9nd carried 5 - O. VII,\. resolution was introduced, requesting of the State Division of Highways a traffic signal at Homestead R09d and Highw9.Y 9, Moved by Councilman Wilson that Resolution lIt be 9.dopted; seconded by Councilman Saich and carried 5 - 0, VIII MEETING aDJOURNED ;,T 5:25 P,M. Respectfully submitted, ~L~ .~, w.ø..~ L"WRENCE K, Mi,RTIN ;.dmlnistrator-Clerk