CC 10-06-58
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P, O. Box 597
Place:
Time:
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II
C T T Y 0 F C ~ P R R T I 1T ~
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MINUTES OF THZ F!::GLì:".P ':"L':'.[:1" .-- '.',;: :::..éé:, .>::'¡;'CC:
C<'C:jb5'.:f 6.; 19~-:3
100;1 Saratcg8.-S-mllyv31e Road
8:00 P.N.
SALUTE TO THE FLAG
ROLL CALL
Councilmen Pre~e~t:
Councl1¡fl3n Absent:
Laznneo, Nathanson, Pelosi, Saich
~jeye:::'i,olz
III MINUTES OF TfΠrREVIOUS MEETING OF SEPTEMBER I" 1958 were
approved with G"e fCJ1:_ow~_ng corre,ction. VI-a-I, delete
"solici t bj,ds 2nd l<:lt '::hr3 .;.;on'::J.'aot."
Moved by Coun0iJ.:ne:c 3aich that '::he minutes be oorrected to
allow for i¡r,med:8te T.'er:.Ür Gf Stevens Crtlek Road, second
by Councilman P.;:~."sj. GI,nd c<,\rried J .. 0 (Councilman Lazaneo
late) ,
IV ORAL COMMUNICATIONS
None
v
A,
PROTESTS. rœ.ITTEN COM!PJNICATIONS
1. Edenvale Land CO:nPE'.::>.:n StE'.ting they are against the
rezoning r3~~eEted for the north west corner of
BolJ.inS~¡1 a11", PIRl1ey.,
2. A, J. Eorner: rrcqu~stlng time on the agenda to
supp·::;Z"; '~hp. actior; of the Cupertino Planning Com-
m~.~3s'.::m regô.p:iing t.he l"ezon1ng of the Cefalu property
at t:"1<; CC.r"'.ler of Blaney and Bollinger.
;, :le:"caè.o and BarsantU Appeal to the City Council on
ce::o!".¡:.::Ig of :; &~res, being the northwest corner of
Blaney aùd Bollinger Road.
(ItóQ lIII-B, hand written on the agenda, was con-
siãered at this point).
M~, Horner read a deposition to support the recom-
mendation of the Planning Commission together with
signatures representing some 110 Cupertino residents,
140 residents of San Jose and the County and about
;0 Cupertino shopkeepers, Mr. Mercado repeated
his contention that the corner in question 1s
suitable for commercial use.
B.
After a short discussion Councilman Saich moved
that the recomœendation of the Planning Commission
be upheld and the appeal be denied; second by
Councilman Pelosi and carried; - 0,
Written Communications
~, COQnty Planning Commission and Board of Zoning
Adjustment: Minutes of September 17, 19S8.
2, City of Los Altos: Challenge to compete for Mayor's
Trophy in the first annual Santa Clara County Table
Tennis Championships,
J. Anonymous Letter requesting resurfacing of Randy
Lane and extension to Stevens Creek Blvd.
4, Pacific Telephone and Telegraph: Requesting OK to
lay underground conduit; plans however not included.
Turned over to the City Engineer for follow-up on
plans.
S. Taper Tube Pole Company: Invitation to Company Suite
at League of Ca11fornia Cities conference in Los
Angeles.
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6. Stone Rnò Youngberg: Invite to Company Suite at
League of C~lifo~ia Cities conference in Los
Angeles,
7. Cour,ty Executive: Reference to County L1brary
CornLi:::.s!.ún and invitat10n to subm1t Cupert1no nominee
to t~¡::;~ bO':ird.
8, Inter C~ty Council: Post card ballot enclosed for
changes in the by-laws.
With approval of the Councilmen present, the Mayor
VO~;E)a "f.ye" on the three changes proposed. Council-
man P¿losi and Mayor Nathanson were named as delegates
to the Inter City Council,
VI REPORTS OF OFFICERS AND COMllISSIONS
A. Attorney's Report
1. Mr. Anderson reported on the proceedings of the San
Jose annexatibn hearing "Stelling No.1,· At the
third hearing the City Council adopted a resolution
terminating the annexation. Meanwhile another
annexation named "Stelling No.2" has been filed
with the Boundary Commission dropping some of the
land in the original and add1ng additional acreage
on the west side of the annexat10n,
Mr. Anderson sa1d that Government Code Section 35007
does apply and states in part that, "If the City
legislative body finds that a majority protest as
therein provided has been made, n~ further proceedings
for the annexation of any of the terr1tory shall be
taken for one year after the f1nding,"
The Mayor authorized Mr. Flem1ng to check w1th the
Boundaries Commission on the status of this
"Stelling No, 2."
2. Mr, Anderson reported that the committee appointed
by the Council to investigate the Alves Water System
has done so and he has been lnstructed to take an
optlon on the line and appurtenances; terms provide
a six month option to purchase the System for
$50,000, with a rate of 6% on the unpaid balance, the
principal, to be amortized $10,000 per year. He is
studying the records to determine what rights are
presently under option as well as the feasibi11ty
of such a purchase.
Councilman Pelosi requested a writben report on the
subject.
B. Report of Road Commissioner
1. Mr. Fleming said that it was not practical to prepare
specifications, inv1te bids for the repair of
Stevens Creek Road at this time since the amount of
work 1nvolved would not warrant the expense of the
specifications, advertis1ng, etc. In addit10n the
pavement requires immed1ate repalr before the start
of seasonal ra1ns, He estlmated the repa1rs at
$1,500, roughly.
Councilman Saich sa1d he would like to proceed with
the work before the undercoating gets wet. Moved
by Councilman Lazaneo that McCarthy be asked to
pave Stevens Creek Road and Mr. Saich and Mr. Flem1ng
be authorized to negot1ate the price, with the repairs
to be made at the earliest poss1ble moment; seconded
by Councilman Salch and carried 4 ~ 0,
2, Miller Avenue will be striped when the pavement is
complete,
. ...
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3. Mr. FJ.~mi1J:j ,]~,',"~hè3:'; 'che S:\r.i~ary District has
striot (;cr:,,::'c:' of the street repair completed by
the sewar contractors, He said the surface would
be restored to the satisfaction of the City.
C. Report ..Q.t.}).21.i~!¡um.d Fire Chief
1. COW1ty Fire Marshal: Recent inspection disclosed
deficiencies in the fire protection details of
Seyroour1s Rexall Pharmacy, 101;; South Highway 9,
2. Prior to the opening of Cupertino High School,
consideration was given to the traffic situation
allmg Miller and the adjacent portion of Stevens
Creek Blvd. The Cupertino Police Department has
made observations of both vehicular and pedestrian
traffic in the area. Certain recommendations are
now forthooming, as follows: (a) Rezoning of Stevens
Creek Blvd. from 45 MPH to 35 MPH from the east
City limits to a point 100 yards west of the
Calabazas Creek, This would include east and west
bound traffic. (b) Installation of a suspended type
of traffic signal at Miller and Stevens Creek Blvd,
(c) Installation of a pedestrian crosswalk on
Stevens Creek Blvd. just east of the entrance to
Miller Avenue, (d) Another crosswalk on Miller
opposite the north entrance to the school parking
area. (e) Removal of the power pole on the east
side of Miller at Stevens Creek Blvd,
c~ .- "
Councilman Lazaneo moved that the recommendations be
endorsed; seconded by Councilman Pelosi and carried
4 _ 0, The City Attorney was requested to prepare
the necessary ordinance. Mr. Fleming was requested
to ask the p, G. & E, to remove the power pole,
Mr. Martin was requested to check the cost of such
a signal and the installation and operation charges;
also to call the principal about hitch-hikers,
D. Plannin~ Commission Report
Br'lef reference to the minutes of the last rœeting,
No questions.
E. Report of City En~ineer
1. A letter from Mr. Oakes of the Rousseau Organization
was read in which he described his understanding
of the off-tract drainage agreement for the Rousseau
Subdivision, Mr, Fleming said that it conformed
exactly to his own understanding.
2. It was not deemed necessary to read the Rousseau
Improvement Agreement. Resolution 102 was introduced,
Being A Resolution Approving Final Map of Traot
No. 2l5J, Accepting Certain Drives, Roads, Avenues
and Courts; Authorizing the City Engineer And The
City Clerk To Sign The Final Map And Authorizing
Agreement In Connection Therewith, Moved by
Councilman Saich that Resolut10n 102 be adopted;
seconded by Councilman Lazaneo and carried 4 - o.
;, Mr. Fleming requested permission to forward City
plans to the Flood Control District, outlining
specifications for the proposed culverts, The
specifications should be approved by the Flood
Control Board before the City puts out the bid,
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The width of B~aney Avenue came into question, as
the culvert and the road must be the same width,
The Council agreed to allow Mr. Fleming to proceed
with the culvert plans for East Estates Drive, The
width of Blaney was scheduled for deoision at the
Plapning Commission meeting of October I;.
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4. A bond election is planned for the improvement of
creeks and ohannels in the North Central Zone, either
1n May of 1959, or in February of 1960, The County
Flood Control and Water Conservation District askes
for advice and ideas as to what should be included
in the bond issue, Mr. Fleming has prepared a
tentative reply which will be mailed if it meets
with the approval of the City Counoil. Copies will
be d1stributed for individual consideration prior
to the next meeting,
S. A check for $6,303.00 has been received from the
Cupertino Sanitary D~strict toward the enlargement
of the sewer main in Corte Madera Highland LID, The
district requires oversized sewers in the area and a
hear1ng is requested for November), Councilman
Saich moved that November ) be set as the hearing
date for Corte Madera Highlands LID; seconded by
Counc11man Lazaneo and oarried 4 - o.
F. Re~ort of Reoreat10n Commissioner
Investigation of the subjeot indicates that two
main alternatives are available Councilman Pelosi said,
The first would involve the hiring of personnel to tBDd
and supervise the school playgÐOunds, The second would
mean the purchase of an aore or more adjoining a school
site, if possible, in order to facilitate joint use of
City property and school property. Another consideration
concerns school property which is now vacant and unused
for all practical purposes, merely reserved and available
for future school use, Mr. Pelosi said that he will
report further on the subject,
G. Retlort of Health Co!Jlmissioner
Councilman Lazaneo said that the Air Pollution Board
meets again on Thursday, Ootober 9, Thus far only one
regulation plus an amendment has been adopted by the Air
Pollution Board.
Mr, Lazaneo also suggested that subdividers be
bequired to clear all trees from their tract in order to
eliminate the danger of insects and disease.
VII UNFENISHED BUSINESS
A. Ordinances and Resolutions for Adoption
1. Ordinances No, 62 and 6), franchises. Second
reading. Moved by Councilman Saich that a full
reading of Ordinance Nos, 62 and 6) be waived by
unanimous oonsent; second by Councilman Lazaneo and
carried 4 - O.
Moved by Councilman Saich that Ordinance No. 62 be
adopted, granting a franchise to California Water
Service Company; second by Councilman lazaneo and
carried 4 - 0,
Moved by Councilman Lazaneo that Ordinance No, 6J
be adopted, granting a franchise to San Jose Water
Works; second by Counoilman Saich and carried 4 - O.
2. Ordinance No, 54, rezoning the Yamaoka property to
R-l, First reading was heard,
3. Ordinance No, 65, rezoning Rousseau property to C-I-H.
First reading was heard.
Miscellanous
None
B,
VIII NEW BUSINESS
A. Miscellaneous
Mr. Anderson was asked for an interpretation of the
code section governing the residence qualifications for
Councilmen. The City Attorney reported that the
Government Code declares that a Councilman qualifies for
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the offioe if he is a qualified elector of the distriot
at the time of election to office, He also referred to
the definition of residence which involves the faotor
of "intent to ret1.:.rn". This tends to 1ntro<1l.\ce a sl.\b-
jecti ve as:Ject.
The CC~1cll aRked the Mayor to approach Councilman
Meyerholz wi tr. 3. 'Jiew to learning his 1ntentions,
IX PAYING BILLS
Moved by CrJ1'.11d:i.mFt!' Saleh that the following warrants
be paid - 4-95-';'0(', 50:,: 5)4, 507; seconded by Councilman
Pelos1 and carr~.cd 4 - O.
X ADJOURNMENT - 11:45 P,N,
Respectfl.\lly sl.\bmltted,
f'{l\I)~((. .<. tth~
LAWRENCE K. MARTIN
Administrator-Clerk