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CC 08-18-58 p, O. Box 597 Al 2-4505 C I T Y 0 F C V.p~ R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE ?E'J'JI,A:1 "'<FETING OF ThE CITY COUNCIL ""f'"f""" "<> , QS8 .."1.;,) .:.~. ~~_ ~\..', _" Place: 100Jl Saratoga-8~1nJvale Road Time: 8:00 P.M, I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Iazaneo, Meyerholz, Nathanson, Pelosl, Saj,ch Councilmen Abeent: No~e III THE MINUTES OF THE PREVIOUS MEETING OF AUGUST 4, 1958 were. approved as mailed. IV MR. STEVENS CONCERNING iULLER AVENUE Mr. Fleming, City Engineer, explained the situation relteratlng that the City requires a curb and cutter on Mll1er Avenue noW considered a 75 foot street including sidewalk area, The City has agreed to pave 15 feet of whlch 10 feet 11es jus~ west side of the center llne and 5 feet on the east side, Mr. Stevens, Superinten4ent of the High School Dlstrict, sald that the school plans call for a curb, gutter and slde- walk area of only 5 feet 6 inches. He said that the school will comply with the adopted standards of the Clty and lntends to improve the 20 feet on the east side of the Avenue with the understanding that the City will pave lS in the mlddle and t~e developer on the west slde will handle the remaining lfO feet, He said a cyclone fence will be erected J5 feet 6 inches from the centerline of Ml1ler Avenue; thls wl1l allow a 75 foot rlght of way as planned by the City. Mr. Paviso, member of the School Board, and Mr, Stevens both agreed thct the school board will have to take offlclal action at a board meeting in order to confirm the under- standing. Mr. Stevens asked the City for its views on the present or future zoning of the Stevens Creek Blvd. frontage just to the north of the school site. He said the district would like to sell the property, naturally for the best price it can command. Therefore, he would llke to see it zoned C-l-H. Mr. Myers said that he had R-J-P in mlnd, multiple professional, for that partioular site. V ORAL COMMUNICATIONS None VI PROTESTS, WRITTEN COMMUNICATIONS No protests; written oommunications considered further down on the agenda. VII REPORTS OF OFFICERS ANt COMMISSIONS A. Attotq~y~~R_eDort The Workman Compensation Industrial Indemnity Polley covering MoCarthy and Spiesman in all their operatlons for the City of Cupertino was said to be in order; Mr. Anderson requested that the certifioate be flIed by virtue of a minute order of the City Councl1, So ordered. B, ReDort of Road Commissioner None C. Re~ort O~~9lioe and Fire Chi~ Fines collected during the montþ of July - $1458,10. ~ , t:" ~.: " ,: '- I , " , l ( - 2 - D, Re'Dort of: Plann1np: ..Q.Q.1J II11Ss10n Cha1rman Mr. Myers explained that the Chairman, with the consent of the Co~~1ssiOh, requested that the report be delivered by the Pl~1ning Consultant. In response to the question of Councilman Pelosi, Mr. Anderson said it 1s Counoil perogative to decide who makes the report. The status of the Planning Commiss10n report was not clarified at this time but Mr, Myers was asked to proceed. 1. The Church of Christ was recommended for use permit (Bollinger near Blaney) subjeot to the standard letters. 2. The Kirk Workman applicat10n for R-l zoning was approved subject to the necessary exchange of letters~ 3. Trojan Construction Company has not resubmitted the drawings, No further aotion taken. 4, Bonacich building permit: The Commiss1on recommends issuance of the building perm1t subjeot to Council decision on bond or cash for street improvements, 5. Disoussion of the De Leuw Cather report in the County Administration Building dod not develop any information worth reporting at this time. 6. Flood Control plan was introduced for discussion, The Mayor said that the Council should go on reoord as requiring that suoh easement for the dralnage channel be submitted as is neoessary for the flood control district in the City of C~ertino. With referrence to VII-D-2 above Councilman Lazaneo moved that Counsel be authorized to rezone the Maggio property to 7,000 sq. foot lots for the Workman Sub- division. Seconded by Councilman Saich and carried 5 - O. Moved by Councilman Saleh that the right of way for flood control be acquired to serve only Cupertino not the surrounding area, with the lntention to enlarge the ohannel when necessary. No second. E. ReÐort of City En~ineer Mr. Fleming l'equested approval of an agreement between the Bethel Lutheran Churoh and the City of Cupertino - now on f11e at the City Office; also perm1ssion for the contractor to post a bond rather than the Church inasmuch as said Church is not empowered to make such agreement at this time. Document was signed by the Mayor and other parties. F, Miscellaneous 1. Assembly Interim Committee on Revenue and Taxation: Public hearing scheduled on the subject of ACA 46 on September 12 in San Diego. 2, Division of Highways: Resolution adopting Route, Resolution establishing a Freeway and a print of the general road map of Junipero Serra Freeway. J. Department of Public Works: ~arterly allocation of 5/8~ gas tax for the City for the quaater ending June 30, 1958 based on a populat1on of 1,752 is $1,203.04, 4. County Controller: Assessment totals for land, improvements, personal property exemptions and net assessed values are shown by each type of roll as well as the grand total wh1ch is 4208440, 5. Sam J, Anderson: Copy of letter to Milton S. Hetzel concerning Homestead No. 2 annexation. 6, AFL-CIO: Request to proclaim a union labor week. VIII UNFINISHED BUSINESS A.· Ordinances and Resolutions for Adoption 1. Ordinance No, 55 - rezoning Yeèland Heights. Moved by Councilman Meyerholz that the second reading be waived by unanimous consent; second by Councilman Saich and carrled 5 -\'0. - ~ - 2. Councilman Meyerholz moved adopt10n of Ord1nanoe No. 55, second by Councilman Sa10h and carrÅ“ed 5 - o. Ordinance No, 56 - rezoning Rousseau subd1vis10n, Moved by Councilman Saich that the second reading of Ord1nanoe 56 be waived by unanimous consent; second by Councilman Meyerholz and carried 5 - O. Councilman Saich moved the adoption of Ordinance 56, second by Councilman Lazaneo and carr1ed 5 - O. Ordinance No. 57 - Stelling 2 Annexat1on. First reading hell. Ordinance No. 59 read by the City Treasurer fixing the amount of revenue to be derived from property taxes for the fiscal year 1958-9 and setting this amount at ~8,4l6.88, Moved by Counoilman Meyerholz that Ord1nance No. 59 be adopted as an urgency ordinanoe; seconded by Counoilman Saich and carried 5 - O. Ordinance No. 58 - Aronsen rezon1ng, First reading was held and the subject was open to discussion, R, B. Roessler, counsel for homeowner assoc1ations protesting the rezoning, referred to a letter sent directly to the Council and expanded on his objections stated therein. 3. 4. 5. Counoilman Meyerholz took exception to a statement of Roessler's declaring that the trees and bushes surrounding the batch plant on Page M111 Road 1n the North County are not literally covered w1th dust as maintained by Mr. Roessler. Councilman Lazaneo took the same position. E. J. Young, proprietor of the Foothill Club near Simla Junction, also rose to state his objeotions. Both Councilmen Pelosi and Lazaneo told Mr. Young that in prior conversations with h1m he had 1ndicated aoquiescenoe to the plant site now being considered, i, e., on a s11ghtly high level just west, Frances Allen Baker, John MacKay, Barbara Parker, Chuck Thompson and a Mr. Evans also spoke, g1ving the reasons for their objeotions to the plant. The next meeting and seoond reading of the ordinanoe was announce! for Tuesday, September 2. The regular meet1ng date falls on Labor Day, a legal holiday, Miscellaneous The flood oontrol project was reintroduced, After discussion it was moved by Counc11man Meyerholz, second by Counoilman Lazaneo that the aoquis1t1on of the storm dra1n channel be expedited for the needs of the City of Cupertino only, with the surrounding areas to be handled on another bas1s. Carried 5 - o. IX NEW BUSINESS A. Miscellaneous 1. Bonacich Building Permit: No motion was made or vote taken but consensus appeared to be that Bonacich rece1ve a building permit when he agrees to comply w1th Planning Comm1ssion terms, The Counoil indicated that a bond is satisfactory. 2, Otis Forge, Chairman of the Cupertino Sanitary Board, made the suggestion that the City investigate the advantages in buying a water system. After d1scussion, the Mayor named Otis Forge, Sam Anderson, Jaok Fleming, Joseph Brown, Ivan Meyerholz, and Ce011 Ne11sen to B. - 4 - study the subject as a oommittee. Moved by Councilman Lazaneo that this water committee be allotted $500,00 to study the problem¡ second by Counoilman Saich and carried 5 - 0, X PAYING BILLS Moved by Councilman Pelosi, second by Counoilman Lazaneo that the bills be paid. MINUTES OF THE JOINT MEETING, CITY COUNCIL AND PLANNING COMIUSSION AUGUST 21, 1958 I ROLL CALL - City Council Present - Nathanson, Pelosi, Saich Absent - Lazaneo, Meyerholz ROLL CALL - Planning Commission Present - Bell, Cali, Fischer, Leonard, Neilsen, Rodrigues Absent - Craft II PROCEDURE Three methods were disoussed by which the Planning Commission oould make its report to the Clty Council, as follows: 1. Through Ed Myers, who would be in attendance at both meetings and would confer with the Planning Commission Chalrman about his report. 2. By means of transmltting the Planning Commission minutes to the City Council which body would then d1souss and adopt such aotion as necessary. J. Through the report of a Planning Commission member, alternately so that no oommissioner would be required to report more than onoe in 7 meetings or approalmately every 14 weeks, In any oase the minutes of the Plann~g Commiss1on will in the future be mailed to each Counc11man and City Employee¡ the minutes of the City Council will also be mailed to each Planning Commissioner and City Employee. From the oomments passed at the meeting op1n1on favored the methods 1n the order llsted above, a report by Ed Myers being first ch01ce. The matter will appear on the next agenda of the City Council. Mr. Myers was asked to report the approximate cost of the add1t10nal servioes. Mr, Bell, Chairman of the Plann1ng Commission, asked for a policy statement oonceÞning trailer parks, Counoilman Saich stated that he did not favor them, that he would never sell any land for that purpose, MINUTES OF THE SPECIAL COUNCIL MEEI'ING OF AUGUST 26, 1958 I The meeting was called for the purpose of disoussing the status of heavy industry, both on the master plan under preparation and with reference to the cement batching plant proposed for the Simla Junotion Area. - 5 - Mr. Myers described the nature of his work thus far and the general assumptions under which he is prooeeding plus the objeotives toward which the plan will tend, A~ the pertinent data upon whiCh his plan is being based is a goal of single family housing selling around $26.000.00. The plan is also designed to attract light industrial uses making it possible for residents to be employed within the City limits. As a start he said, one scans the zoning and uses in existence then applies principles of planning in such a way as to arrive at the best fit. In other words while the best judgement and planning might indicate one thing it might be necessary to forego this zoning in view of a heavy concen- tration of contrary uses. In this way the application of good planning is compromised with existing fact and practical necessity. There are many nonconforming uses in effect, some of whioh will remain a long time, the object being to reduce steadily the number of such nonconforming uses. With regard to the batoh plant, Mr, Myers declared that there is too much surrounding residential use (R-l) to oonsider the site ideal for a oement bat ching plant (M-2-H). General discussion followed but no positive decision was reached, In answer to questions Mr. Myers acknowledged that the presence of a dot of M-2-H zoning would not destroy the remainder of the plan. ADJOURNMENT Respectfully submitted, '~W'\~' ,<. ~ LAWRENCE K, MARTIN Administrator-Clerk