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CC 03-03-58 p. O. Box 597 C I T Y 0 F CUP E R TIN 0 Cü.PF;BTIJlJO I CALIFO,!1NIA Al 2_L~jG5 rnNUTES OF THE REGULAIJ. ¡'¡EETING OF THE CITY COUNCIL MARCH 3, 1958 [>l~::Ge : Time: I0031 SarS1togD-SUnl1ivaJ.e Hoad 8:00 F.!1. I ROLL CALL Councilmen Present: Councilmen Absent: Meyerholz, Nathanson, Faizis, W¡lson Sa.ich II THE inNUTES OF THE PRSVIOUS EEETIrW OF FEBRUARY 17, 1958 were read; the following correction was noted: Item V-D-6 chango "900 feet" to "1350 feet", III PETITIONS Aim COmJUNICATIONS A. Wr,itten 1, State Board of Equalization: Statement of sales tax distribution December 5 to January 6 - ~1098.92, 2, City-County Record: Publicity concerning California Mayors tour of Europe. 3. Air Pollution Control District: Report of actions taken by Board of Directors at meeting of February 5, 1958. 4. Peter Tormey, Insurance Broker: Certifioate of Insurance for Los Altos Garbage Company. 5, County Boundary Commission: Boynton No. 111\ Annexation to S3D Jose, San Tomas No.4 to the City of San Jose. 6. Petition sifned by residents protesting the condition of Hiller Avenue between Stevens Creeit Road and Phil Lane. Claude E. íCerr, who presented and circu18ted the petition, said that all of the people contacted signed the paper. The Mayor asked the City Attorney what could be done to force the contractor to repair the road which he used as a runw·o,y for mç:cbines and earth moving opera- tions ratt,er than a th,)rour;hfare to transport men and materials. He also requested the City Engineer to deter- mine the cost of restoring the road to its condition of last August. !'Jr. Eerr said he understood the road could not be thoroughly repaired until the school construction was complete; he expects only that the chuckholes be filled and simple maintenance be performed prior to next Sertember. The Mayor st~ted that the City will maintain the road; then settle the financial end of it with the contractors. j'!ith respect to the 9rchttecture and street design, Mr. Leon9rd of the Planning Commission said that school dis- tricts consider themselves an instrumentality of the State and immune from certain local regulations. The locations are subject to local control, not the buildings and plans. The r1ayor directed th~;t the Road Commissioner be instructe' to repair the street immediately. B. Q.ul - None IV UNFH'ISHED BUSINE:')S A. Ordir.8nae8 e, R"solutions for Adoption Resõïû~Gïõ'D-1Tò;·~ï2·. beiñg-a-ì.:ëšolutioü aocepting deed to real property for road purposes was introduced, completing the street dedication of Paul Swanson, Moved by Councilman Paizis t1¡PJ. B8~ol;,t;jQ!L.1? be aCiopted; seconded by Councilman Nathan- son, carried 4 - O. B. ~Q.Q!'..:t on Pe;Lton P'1rkJle.eting Conc~rning Street Improveme~ The City Administrctor-Clerk informed the COl.U1Cil that vir- tually all of the Felton Park residents present at Lincoln S-::hool on Febru8ry 19 were oppoBed to the street improvements r-r0posed by Nelson, the contractor, 1"]. 0pé,:Jes at CornEr of Vista and Stevens Cnee1{ H08d '~T~::'--Wlë;:'1i1~the City Ênglneé'r ,-što.'Ged -'thå-t"ŠvJanson has sub- [T,j. tted 'J checl{ in the amount of ';~lOOO to the City for storm drainage; he has also dedicated tì1e roadway as mentioned ¡3bove fl'n. Fleming had these qlJcstions to ask of the City Council. The fJ.rst one concerned the locat¡on of the power pole at the corner. Prevailing op¡nion seemed to be that it should be placed between the sidew21k and the curb. The !1ayor also saic1 -2- D. that the City should have bench mark dace and that the pro- perty o¡mer should set t1e other, intervening, e'rades. The secoY\d concerned the sidewalk. Reference was then made to the rezoning agreement by which Swanson agreed to pave at present only to the extent of his immediate operation, This is somewhat indefinite in that ¡VIr. Swanson has not determined exactly where his building will be loc~tcd, Mr, Fleming suggested that in the future the prCJcedure take the following steps: 1, Clearance from the Planning Com:nission, 2. Clea:(, ance from the City Council. 3. Dedication, storm drain, anô other requirements completed. Ii, Submissi\)n of development plan, cost to be borne by the developer, I~oved by CouncU.m2.n HUson th.£!t the G,100\L$J:¡eck Nritten by ¡'!L...-~nson JL\.~"U!..Q'£' ,of t'1e City of' Cupertino be d~:8.9ßited lJ,;11.til the pC(')8'.r-,,,utJlQJ.~- ":\.tv for baj'ldling be deter:mined-,-?nd. adopt the eTlpeJneeS.ê-.QlalL[ iDcluð in/?" the curb 1L~'ades; seconded by Councilman Pai:.:is, carried 4 - O. At Jack Flemin~'s suggestion Councilman Wilson moved 1hãt the City approve thlL-install~tion of an extension to tpe existin'?:.....Q.ülv£!:,t across Vist£! r;rive. the ErJf!.ineer to~~ 1h~ORt; seconded by Councilman Paizis, carried 4 - O. ChGW B21J§JUE£-9P Rodri~~~~ Mr, Leœ.ard of the Planning Commission said that he has con- tacted Chow with a request to submit a plot plan at the next Planning Co~mlssion meetinf, Councilman Pa1.zis said MrfJ. J. G. Atkinson called to tell him that the building is too close to the rood, there is no screen planting and there is an access road to which she objects. The Mayor questioned the amount of control ~¡hich the Count and also the City has over temporary buildings, He said that the City could do notlÜng in the preseTJt circumstance unless the construction effected health or safety. !1r, Atkinson asked if the construction aligned with the previous agreement. He said that the planting: could wAit until the constructi~n was completed, He did not object to the height of the build- ing: which he estimeted at 18 fe",t (later revised to 13). He also said the set back should be from the eventual property line not from the present psvement and requested that the development be made to harmonize with the present surrounding' To this the Mayor maintained that Chow is entitled to an agricultural exemption. In the second place the construction is temporqry, and in the third place it is not a building at all, a3 defined by the building code. Mr. Anderson said that there has been no rezoning in Chow's case, A health menace could be abated, he said. Other jurisdictions includ~ng the Co~~ty are encountering difficulty with this same probleQ, CovIlcllmen 1¡Jllson said that the crux of the matter is that an agreement had been reached. k~k~~ðKk~~~~~ðkt~~b~~ He took the position that the City should see that this agreement is followed. r';r. Leonard said tb3t the buildings appear reason- able. There has been some confusion about which structures are to be placed at the rear of the property, he said. ~1r, Pelosi, another resident of Rodrigues Avenue, asked what plans the City has for the balance of the acreage along "!estern and Rodrigues Avenues, I,11~~ cel~.al1e()U s Counciiiiiãñï.:ìilson moved thA.t the City assume the responsibilH for storm drainage w:thin the City but outside the Sanitary District. Mr. Leonard said th~t the area along Miller could be asked to annex to the Sanitary District. Councilman Nathan son said that the City could enter into a contract with the Sanitary District to handle the storm drainage at least for a term similar to the b91ance of the present City Council with a proviso for a cQntinuance. Other suggestions wece made with the result that the matt was to be discussed at the scheduled joint meeting of the Sanita,ry Board and the City Council on the following Wednesday E, v ~Œ~:\r A, -3" B, BUSINESS ~rneyls Report 1. In 19.55 the State Legislature created the County Air Pollution Districts, The Bay Area called for separate treatment of this matter and the LegisLture found that air pollution existed in the San Francisco Bay Area. City's8lective comm~ttees were set up and the Mayor of each city appointed a representative on the control board. \~1th regard to the orchard situation an open fire caL be allowed by the County Agricultural Commissioner. He can authorize burning for disease prevention purposes. City Councils can also adopt crdinances effecting burn- ing and/or air pollution increasing the stringency of the air pollution regulaticns but not decreasing, Mr, Anderson s")id< Agricvltural burning is permitted at present, The Farm Bureau has obtained a delay on the ban on open public bUI'ning with the possibility of furthe extensions, 2. 'rhe Council authorized the City Attorney to abate the alleged nuisance created by a duplex use in a single family zone at the Bianchi property, RC'Port.-Q..L.ß.o8à Cr>n1ltl.êsL<2P-!i'J.:. - No report The question of ¡'liller Avenue repair had already been decided. Re'Oort .of Police <. Fire Chie1 - No report Rep_crt of P18n11i.nf CO'!!WiD¡).o,? Cha 1.rm!i11 ~1r. Leonard reported thae: an application by the Monta Vista Water Works for a use permit would be heard at the next meeting of the Pl8nning Commission. Report of Cl1y ~n~ineer Hr. Fleming s$id he is pre9aring a check list for subdivisiof' applicDt ions which he Hill snbmi t to the P18nninf~ Commission, Request for q.t911.!}~81k at Ngri8.ni AVe11l1e and Larry W121L It was decided to place the matter on the next agenda of the School Board in the hope thAt they would paint the crosswalk or share the cost. ~11 scellaneous 1, The Hayor directed that the Divi.sion of Highways be informed that the commu:nity passed a resolution favoring Houte A or the most northerly route for the Junipero Serra Freeway. 2. i10ved by Counc.ilman 'tiilson :thFit the Clty DaL8_ll bills as pl'esented_ to th.s:..-~.'Ireasurer; seconded by Council- man Paizi s, carried 4 - O. C. D, E. F. G. VI ADJOULm1EITT - 10:35 1'.M. R~pectfully submitted, , l(lt~ .t--.'\j('-._ ,/, W-Ø,.J:~ LA':iRENCE K. NAErrIN Adm inist ra tor-Cle rIe