CC 12-01-58
P.O. Box 597
Al 2-4505
c r '[ Y
n p ~ U PER TIN 0
CUËERiI~O CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
DEdEHBER 1, 1958
Place':
Time:
100Jl Saratoga-Sunnyvale Road
8:00 P,N.
SALUTE TO THE FLAG
I
II
ROLL CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Nathanson, Pelosi, Saich
None
III MINUTES OF THE PREVIOUS MEETING, NOVEMBER 17, 1958, were
approved.
IV ORAL COM!~¡ICATIONS
None
V PROTESTS AND WRITTEN COM!1UNICATIONS
1. George S, Nolte: Bill of tl,075,OO for engineering
services on the bridge over the Regnart Creek on East
Estates Drive; also letter of transmittal plus letter
of explanation by Jonn E. Fleming.
Council requested that Nolte be informed the City
is not prepared to recognize this bill inasmuch as no
authorization had been granted.
2. Latest annexations within 3 miles of the City Limits:
a. Grant, St. Joseph No.3 to Los Altos;
b. Bucknall No. 7 to San Jose
3. Shelley Williams: Letter announcing resignation as
Civil Defense Director.
The Mayor requested that a letter of thanks be
sent to Mr, Williams for all of his services to the
City, stating that the resignation is accepted with
reluctance. He also called for more support of the
Civil Defense Function and requested that immediate
attention be given to a replacement.
4. Inter City Council: Next meeting slated for December 4
in Los Altos,
5. Attorney-General: Regular conference of the Northern
Central Narcotic Officers Association is being held
in Fresno on December 10, 1958.
6. Boundaries Commission: Report to the proponents of
Bubb lA that proposed boundaries are definite and cer-
tain, conform to lines of assessment, and do not create
unincorporated islands,
(0 Burton S. Brazil, Vice President, Inter City Council:
Decisions taken by the Committee of Mayors of the Inter
City Council. '
8. State Board of Equilization: Sales tax for the period
9/5/58 to 10/6/58 equals $1,135.94.
~. Alcoholic Beverage Control: Questionaire to assess
possibility of discontinuing notices of actual licenses
in vie", cf the pre' license notification.
ct, Jehn E, Fleming; Copy of letter to Fremont High School
j;cu'd reJ.at:.ve to paving sections fronting on Stevens
0reel{ DouJ e"ard; also reference to checking and inspec-
t:(:·n fees"
;'L". See-,ens said it was his understanding that the
'O¿';;H of ,".t:¡ EngJ.neering in conjunction with the High
:>!;""J. be lJfi;'d b~' the City" Moved by Councilman
:Æ'<cwlec trd': th2 checking and inspection fees connected
¡,', ',ll-::e Hlgh ~~chocl development be waived; seconded by
CU'ÀYl" ¡11r'!:~Y.. J-~21(lcj. and carried 4 - o.
VI
- 2 -
REPORTS OF OFFICERS AND COMMISSIONS
A, Attorney's Repor~
1. Mr. Anderson st~ted that the City should quit
claim a 15' section of Blaney Avenue in order to
comply with the 60' width established for that
street. Councilman Lazaneo moved that Counsel be
authorized to continue with abandonment proceedingsj
second by Councilman Saich, carried 4 - O.
2, Mr, Anderson requested that the matter involving
purchase of the Alves' water system be placed on
the next agenda at which time he hoped to have
deta.lls.
3, Cupertino annexation Bubb lA has been approved by
the Boundaries Commission, enabling the proponents
or property owners to circulate a petition for
presentation to the City Council,
4. Mr. Anderson reported that a conflict exists in
the boundary lines of LID 2 and Corte Madera
Highlands LID. If the sewer bonds are not paid,
split liability on the part of the subdividers will
develop, The assessments can be paid in cash or
bonds can be posted to guarantee payment when due,
The County Treasurer needs assurance that the sewer
bonds will be redeemed when the obligation comes
due,
Councilman Saich moved that the City Attorney be
authorized to demand of the owners of Corte Madera
Highlands LID, subject to the approval of bond
Counsel, payment of the $8,500 lien, or post bonds
for the amount; seconded by Councilman Lazaneo and
carried,
B. Re~ort of Road Commissioner
Councilman Saich called attention to the loose
gravel on the north shoulder of Stevens Creek Blvd.
opposite the Idlewild Subdivision. He said it would
need repair work before the winter rains,
In discussing liability along the center
Creek Road, Mr, Anderson sugtested a legible
white line all the way to the level sections
designated as turn areas, It was decided to
the chalk marks wherever worn.
C, Report of folice and Fire Chief
1. The Mayor announced that the local fire station
owns a new piece of equipment.
2. He requested further check on the accident summary
which showed one death within the City during the
present fiscal year.
D. Planping Commission Report
1. The following items on the last agenda were con-
tinued until the next meeting; IV-A, B, C, D, F,
G, and V-b.
2. The Commission voted to grant a use permit to the
Church of Christ for 2, 2t acre site on North Blaney,
west side of the street, approximately 600 feet
south of Lucille 1.venue,
J, Trojan Construction Company requested an immedi9te
answer; consequently the Commission voted to
rescind the earlier motion granting a continuance
and voted instead to deny the application,
unanimously.
4. The Lyddon application to rezone the NW corner of
Vistq and Stevens Creek Blvd; was also voted a
continuance in order to determine City policy on
"re question,
'f".= latest dr3ft of the sign ordinance was
-ecoQmended to the City Council 5 - 0,
of Stevens
double
or those
repaint
~
6, An ~ppeal from the decision of the Planning
Commission in the Silverado extension was filed
with the City on November 27, too late for the
December 1 agenda. The Council requested that the
Planning Commission have q report prepared, as
provided in the Ordinance, for Council consideration.
The appeal will appear on the December 15 agenda.
~eport of City Engineer
1. The Division of Highways now maintains that ~affic
volume along Highway 9 makes a signal inadvisable
at the Homestead intersection with the road at its
present width.
2, Eighty-two applications for building inspector have
thus far been received and 39 have already been
reviewed. Several excellent possibilities have
appeared,
Mr, Fleming suggested that the County Building
Inspector and the Personnel Director of the County
form a panel with him and one or more Councilmen to
interview 10 or 12 of the best qualified applicants.
Mr. Gray has already volunteered.
3, Mr. Fleming requested more time on the Neighborhood
Plan in view of recent ordinances enacted.
Report of Recreation Commissioner
Councilman Pelosi detailed conversations with
recreation people, and a plan is beginning to jell.
Pertinent questions include the wage scale for
Recreation Supervisors, also the frequency and period
of time; such as a trial period of week-ends for one
year, Further report will be available at the next
meeting,
Report of Health Commissioner - Smog Control
Councilman Lazaneo said that the joint meeting of
the service clubs for a presentation by the Smog
Control Board is progressing. January 21 at 12:00
noon in Mandella's has been set as the time and place
for the meeting with Mr. Linsky,
VII UNFINISHED BUSINESS
A. Ordinances and Resolutions for Adoption
1. Ordinance No. 66 - Establishing Speed Limits and
Safety Zones At Or Near Cupertino High School.
Second reading.
Moved by Councilman Pelosi that a full reading
of Ordinance No, 66 be waived by unanimous consent;
seconded by Councilman Lazaneo and carried 4 - O.
Moved by Councilman Saich that Ordinance No. 66
be adopted; seconded by Councilman Lazaneo and
carried 4 - 0,
2, Ordinance No. 68 - Amending Section 1 Of Ordinance 2
By Reclassifying A Certain Portion Of The City -
Irvine Property (Quinn Subdivision). Second reading.
Moved by Councilman Lazaneo that a full reading
of Ordinance No. 68 be waived by a unanimous consent;
se00nded by Councilman Saich, carried 4 - 0,
I1'Jved "by Councilman Pelosi that Ordinance No. 68
be 3.(Ìopted; :::econd by Councilman Saich, carried
4- - 0,
1, 35g'11 l)~è.i1!Ðl1Ce
Cou,r;ih1an Pelosi advised th<Jt consideration of
t:;ü" "rd'.(lÞ·c1ce be postponed until the next meeting
'TI. :>n'8~"~h,~t Councilmen have time to study it,
() ~'~31 ::~E::::',
('G,"n" J.lrJan Pelos i moved to reopen consideration
',: )~',1:~, ,o'¡e¿¡ N'J" 68; second by Councilman Lazaneo
~...',+J _:Ç1~·ri.,?,i 4 "N o~
- 3 -
E,
F,
G.
- 4 -
Councilman L8zaneo then moved adoption once
agAin of Ordinance No. 68; second by Councilman
SBich. Voting was two in favor, two opposed, being
Councilmen Pelosi and Nathanson. Motion and
Ordin",mce f31l.
Upon discussion of Ordinance 73 and the latest
Quinn map, Councilman Saich moved that the prior
motion be rescinded as passed; second by Councilman
Pelosi and carried 4 - 0,
More time was desired to see whether Qµinn's
l~test map complied with the pending ordin~nce on
lot sizes.
Councilman Saich then moved that Ordinance
No. 68 be continued December 15; seconded by
Councilman Lazaneo, carried 4 - 0,
4, Ordinance No. 70 - ßn Ordinance Prohibiting Certain
Land Uses For Multiple Family Residential Construc~ion
Which May Be In Conflict With Pending Zoning
Ordinance And Declaring The Urgency Thereof.
Councilman Saich moved adoption; seconded by
Councilman Pelosi, carried 3 - 1, Councilman
Lazaneo opposed. This provides a 10,000 sq, ft.
minimum per duplex,
5, Ordinance No. 71 WAS introduced - Prohibiting Certain
Land Uses For Single Family Residential Construction
Which May Be In Conflict With Pending Zoni~g
Ordinance And Declaring The Urgency Thereof,
Councilman Pelosi moved the ordinance be adopted;
seconded by CouncilmAn Saich and carried 3 - 1,
Councilman Lazaneo opposed, thus setting the minimum
lot st~ndards per unit at 7,500 sq. ft. net with a
5 percent reduction if 50 percent or more of the
lots of any single tract face on a curvilinear
street.
B. Purchasin12:
1. A portable traffic signal has been ordered from F.
Morton Pitt Company, List price is t865.00.
2. Accounting bids
Moved by Councilman Pelosi that C. G. Uhlenberg
And Comp~ny be retained according to the terms in
their letter of December 1; seconded by Councilman
Lazaneo and carried 4 - o.
C. Miscellaneous
1, The matter of Eldridge' Richfield Station was
considered, The City Attorney was instructed to
write Richfield Oil Company for a promise to comply
with the plans of the City Engineer within 30 days,
w;:n NEW BUSINESS
A. Pictures of Police and Fire Department
The Council was agreeable to the idea,
B. Miscellaneous
1, Moved by Councilman Pelosi that the City spend a
sum not to exceed $50..00 for a Christmas tree E',nd
dec,-,rations to be p12,ced at the local Fire Station;
sec2nded by Councilman Saich and carried 4 - O.
2, Inf'tal:i-8tion of the Christmas lights on the tree
along t.he west side of Highway 9 opposite the
snujJping center was also authorized,
~; XING f'F":$
r;C,:;r,,:'",lm'1Y! S2ich moved tha,t the Mayor be authorized to
,':";2"1 \'I'H'r"Jnts .'j-H to 557 "\s City Treasurer; seconded by
"0L''1':'.~U;~\'1 iel,:,;ì 8nd carried 4 - o.
';.' '.'l.::::-:'il',îG ,.DJU(;RNED ;,T 11:15 P,N, until December 2qt
,." .
'.' \." ~',
- 5 -
ADJOURNED REGULriR MEETING OF DECEMBER 2, 1958 - City Office
8:00 p,¡.¡.
I Further discussion of lot sizes resulted in a motion by
Councilmen S3ich to sdopt Ordinance 73 which altered 71 by
including 3 regulation that 70 feet be the minimum width
at the front building setbacK line, except that on cul-de-
sacs 60 feet is permitted providing that said lot be
9,000 square feet or more; seconded by Councilman Pelosi
and carried 4 - 0
It was requested th~t current applicants be notified
of this Ordinance,
II Council requested that the depth of the commercial zone
on the west side of Highway 9 be determined by reference
to the County zoning prior to incorporation.
III Councilman Pelosi nominated John Benetti to the vacant
Council seat. No second, Councilman Saich moved that
Warner Wilson be ~ppointed to the vacant Council seat;
seconded by Councilman Lazaneo and carried 3 - 1, Council-
man Pelosi opposed,
IV MEETING :·,LJOURNED - 10:30 P.M.
Respectfully submitted,
1-{t)..}~ 1<. ((t~ ~
kWRENCE K, M:.RTIN
..dmini strator-Clerk