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
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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.
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D, Re'Dort of: Plann1np: ..Q.Q.1JII11Ss10n 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.
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2.
Councilman Meyerholz moved adopt10n of Ord1nanoe
No. 55, second by Councilman Sa10h and carrœed 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.
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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.
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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