CC 09-15-58
P. O. Box 597
Al 2-4505
C I T Y 0 F CUP E R TIN 0
CUPER1'ÌNO, CALÏFÕRNIA
MINUTES OF THE REGUL~~ MEETING OF THE CITY COUNCIL
SEPTEMBER 15, 1958
Place: 100Jl Saratoga-Sunnyvale Road
Time: 8:00 P.M,
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present: Lazaneo, Meyerholz, Nathanson, Pelosi,
Saich
Councilmen Absent: None
III
MINUTES OF THE PREVIOUS MEETING OF SEPTEMBER 2, 1958
approved as mailed,
IV
ORAL COÞlMUNICATIONS
None
V PROTESTS, WRITTEN COMMUNICATIONS
No protests; written communications listed further down
under appropriate topics on the agenda,
VI REPORTS OF OFFICERS AND COMMISSIONS
A. Attornev's Report
1, Mr. Anderson reported that San Jose annexation
"Stelling No.1" has been postponed or continued
for the second time, the hearing now scheduled for
September 22, 1958. .
2. He advised that a copy of Ordinance No, 10 be sent
to the local agent of Farmers Insurance Company
with emphasis upon Sections 8, 9 and 10, outlining
the methods to secure an exemption. When this
statement is filed the City will take the matter
under consideration, granting a license without"
a fee, if so indioated.
B. Report of Road Commissioner
1. Councilman Saich stated that Stevens Creek Road
both east and west of Stelling is in need of repair,
Moved by Counoilman Meyerholz that the engineer
prepare specifications for the repair of Stevens
Creek Road from Highway 9 west to the City limit,
solicit bids and let the oontract. Seoonded by
Councilman Pelosi and carried 4 - 0 (Councilman
Lazaneo late).
2, Repair of the roads following the Sanitary District
work is not as yet sati,sfactory to the City and to
the people, said Mr. Saich. The Engineer explained
that the repair oompleted thus far is only temporary
and will be replaced with a plant mix, restoring
the roads to their condition before the sewer mains
were laid, The work must be approved by both City
and County before the contÞact is complete.
George Yamaoka complained that Portal Avenue was in
poor condition, that the sewer trench has blocked
a portion of the interseotion with Stevens Creek
Road, Mr, Fleming said he would investigate this,
!i~ort of PoHoe and Fire Chief
No report
flannin~ Comm~ss10n Rep~~
1. The minutes of the lanning Commission meeting were
not prepared due to the schedule change of the
Planning Commission. All regular meetings of both
C.
D,
- 2 -
Pla..-ming C01¡ìrc.'Ì.sz~.CIl and C'01Z.'lC\ll fall on Monday
he:-e&fter, !1:.n:'i;,~G will be p:oepared on Tuesday and
mailed on Wer'!Hee,Q,a;¡. Mr. Martin made a verbal
report in plac~ of the minutes, the principle item
of business being the unanimous vote to deny the
application of Mercado and Barsanti for C-l-H,
northwest corner of Blaney and Boll~er. Several
routine matters were also conveyed plus the
recommendation of the Planning Consultant relative
to heavy industry.
Jess McHam, 6822 Bollinger Road, San Jose, addressed
the Council concerning the status of the Mercado
and Barsanti application, concerning the length
of time the applicant would have to appeal the
dec1sion, whether calendar or working days are
counted, etc, September 23 was given as the dead-
line.
2. After mention of a nonconforming use on the Murphy
property, west side of North Highway 9, it was moved
by Councilman Pelosi that a survey of the Town be
made by the Administrator-Clerk to determine zoning
violations, with a report ,to the City Council;
seconded by Councilman Salch and carried . - 0
(Councilman Làzaneo late),
J. Also requested that the Murphy permit and the use
on the adjoining property be placed on the Planning
Commission agenda.
4. Administrator-Clerk was authorized to inform the
owner of the Old Cupertino School property that the
City has a Weed Abatement Ordinance in effect;
according1y Mr, Lyddon would then be advised to
clean up the property,
E. Report o_f Cl ty Engineer
1. Subdiv1s10nFinal Map Check List submitted by Mr,
Fleming with the recommendation that all maps,
plæls, etc, be in the hands of the City Engineer
one week Vrior to the agenda deadl1ne for the
target meeting,
2, ~he Division of Highways has agreed to the proposal
of the City of Cupertino regarding the replacement
of signals and channelization islands. The state is
proceeding to acquire the right of way on the east
side of Highway 9 and the acquisition of right of
way along the west side of Highway 9 has become the
responsibility of the City of Cupertino. Property
owners involved on the west side have indicated
willingness to deed the necessary frontage although
the gas station corner involves relocation of two
pump islands,
Moved by Councilman Pelosi that the City, through
Mr, Fleming, negotiate with the property owner or
General Petroleum for the relocation of the fuel
pumps; seconded by Councilman Saich and carried
4 - 1, Councilman Meyerholz opposed,
J. Coast Grading and Paving Company, contractor for
Yee Enterprises,proposes to construct the City of
Cupertino Special Street Section consisting of
9-1/2 Inches of untreated rock base and 2-1/2 inches
plant mix surface on the westerly side ofMlller
Avenue between the westerly edge of the existing
pa~eM€nt and the e~isting centerline for the following
unitpZ'ices:
Gradi¡:¡g f.04 per square foot
Plant Mix and Rock Base $.31 per square foot
.. :3 -
These te?'ms a¡'ð ag:~BE'a'ole to the City Engineer.
The Mayor reGC th9 letter from Mr, Stevens,
Superintendent, and requested that the Administrator-
Clerlr ack:,owleò.ge receipt of same, saying that
certified bills will be honored on acceptance by
City Council.
Yeeland ~eights Improvement Agreement: Moved by
Councilman Lazaneo that the engineer,be authorized
to require pavement, as specified in the' agreement,
to the middle of the road; seconded by Counollman
Pelosi and ca~ried S - 0,
Mr. Fleming rp.ferred to the off-tract drainage
situation and the fact that certain facilities
must be provided with the storm drain deposits
placed with the City, He suggested that the City
maintain control over these facilities which may be
bul1t by the subdlviderand defrayed by the afore-
mentioned storm drain deposits.
Moved by Councilman Lazaneo that all struotures
built within the City conform to the Ordinances ,
and no facility be constructed without public bids,
Seconded by Councilman Salch and carried 5 - '0.
F. Renort of ' Recreation Com~issioner
Council~an Pelosi call~on,the City Attorney for
the legal aspects of a reoreation fee charged to sub-
divlders. Mr. Anderson reported that such a oaSe
involving the 'City of uplands resulted ln a verdict
favoring the subdivider who had contributed as required
by the City, but sued later to recover the full amount.
A neighboring city is currently'engaging in substântially
the same practice, one difference being that it lS a'
Chartered rather than General Law, Precisely hows
court would rule in such a case sftems to be a matter
for conjecture.
G. ReÐort of Health Commissioner - Smo£ Cçntro1
1. Councilman Lazaneo said he had telephoned Mr, Linsky,
the Air Pollution Control Officer, who listed October
JO, 1958 as the last permlssab1e day for roadsideburn1ng
and greenhouse burning.
2. It was agreed to put the Sher1ff's Office on watch
for illegal dumping on the Irvine property, north side
of Bollinger Road,
4.
5,
VII UNFINISHED BUSINESS
A. Ordinances and ReS~lutions for AdoÐtion
1, Ordinânce No.O,~ezoning Yamaoka frontage. Second
reading. Moved bY Councilman Meyerholz that the
second readlnll be waived bý unanimous consent:
seconded bY Councilman Lazaneo and oarried S - 0,
Moved bY Councilman Lazaneo that Ordinance ~o, 60
be adoÐtêd: seconded bY Councilman Saich and
carr~ed S - O. '
2. Ordinance No. 61, rezoning Workman Subd1vlsion,
Second reading, Moved bv Council~n Saich that the
full readin~ be waived bY unanimous consent: second
bY Courtcl1man'Lazaneo and car~ied S - O.
Moved by Councilman Lazaneo that Ord1nance No. 61
be adopted: sec<md by Councl1 J!Sn Saich and passed
5 ;0. d. . .,
)1
'1' ...
J. Resolution No 0 J.G!) - Procedure. Establishing rate
of compensati0~ :~~ u~ty Attorney and describing
the duties th~:eef.
Councilman Pelesi being dissatisfied with the
paragraph declaring that the Attorney shall be
directed by the Mayor or . . , . the Mayor Pro-
tem fer the preparation of any matters o~ documents
of urgency nature, the phrase "with informal consent
of the City Council" was added. Councilman Meyerholz
then moved the adoption, second by Councilman
Salch and carried 5 - 0,
B. Misoell~~
1. Joint Interim Committee on Highway Problems:
Santa Clara County and its incorporated Cities are
invited to present testimony at the hearings to
examine the local impact of the state wide freeway
and express way oonference on October 2, at the
San Francisco Board of Supervisors Chambers.·
2, Public Utilities Commission: Staff engineers are
reviewing the required clearance above streets for
cross wires; present rules provide a minimum of
18 feet of ground clearance.
J. Family Service Assooiation, Santa Clara County:
Request to proclaim the week of September 21 to
September 28 as Family Service Week. So ordered.
4, League of California Cities: Notice of next
regular meeting at Dinah's in Palo Alto, September
18.
VIII ~~ BUSINESS
A" Franohise Hearin~
The.. sealed bids were opened and presented to the
Counoil. San Jose Water Works and California Water
Service each bid $100,00 for the franchise in their
respeotive territories, being the only bids submitted,
The Council heard the first reading of the ordinance
granting to San Jose Water Works a franchise and upon
the motion of Councilman Lazaneo, second by Councilman
Pelosi voted 5 - 0 to consider the reading as a Eirst
reading for both franchises, there being a difference
only in the names and dates.,
B. Misoellaneous
1, Councilman Lazaneo requested a Joint meeting with
the Planning Commission.
2. The Council authorized the purchase of a fan for
the City Office.,
PAYING THE BILLS
Moved by Councilman Lazaneo
Pelosi that the bills be paid.
IX
and seconded by Councilman
Carried S - O.
X ADJOURNMENT - 11:07 P,M,