CC 08-04-58
p. O. Box 597
C I T Y:::::l) F CUPERTINO
- CUPER~INO, CALIFORNIA
MINUTES OF TEE R3GUL,'Πr,ISBTING OF' THE CITY COUNCIL
;\UC7JST 4, 1958
Al 2-4.50.5
Place: 10031 Sar~toga-8èmnyvale Road
Time: 8:00 P,M,
I SALUTE TO FLAG
II ROLL CALL
Councilmen ::?X'E'S811t: Lazaneo, Meyerholz, Nathanson, Pelosi,
Saleh
Counc1lmen A'hF>8Tl't: None
III THE MINUTES OF TH~ PREVIOUS !1EETING OF JULY 21, 1958 were
approved.
IV ORAL COMMUNICATIONS
A. ,Bu4 !;l..dfidlle
Mr. Eldridge requested a time extension in whioh to
change his pavement area to the required setback _
60 feet from centerline of Highway 9, After discussion,
Counoilman Meyerholz moved that the setbaok and improve-
ments must be oompleted by November 1 aocording to the
original plans of the City Engineer with the sidewalk
complete on Highway 9 as of the above date and as needed
on Silverado !venue; seconded by Councilman Lazaneo and
carried 5 - 0,
V PROTESTS AND WRITTEN COMMUNICATIONS
No protests; written communioations noted in reports of
offlcers and commisslons.
VI REPORTS OF OFFICERS AND COM}IISSIONS
A. Attornev's Re~ort
1, Relative to a letter from the County Tax Collector,
Mr. Anderson recommended that the City agree to the
sale of a tax~d.eded property located in the Clty of
Cupertino, to be sold, at public auotion. The property
is a 10 foot strip of land running ~ from ~ line of
Lucille Avenue to can. line of Marlani Avenue, adj. to
W. line of Linwood A.res Subdivislon, Moved by Councilman
Meyerholz that the City Clerk be author1zed to not1fy the
tax oollector that the City 1s agreeable to the sale of
subjeot property; seconded by Councllman SaiOh and
carrled 5....0.
2, Moved by Councilman Lazaneo that the property
dedication of the Bethel Lutheran Churoh, as specified
in the deed, be referred to the City E~1neer. Seoonded
by Councilman Pelosl and oarried 5 - o.
J. Notice of Insurance Policy for McCarthy & Sp1esman:
Moved by Councilman Saioh that the policy be referred
to the City Attorney; seconded by Counoilman Meyerholz
and carried 5 - O.
B, ReJ:>ort of Road Commissioner
Mr. Saleh reported that road striping would be done
where needed during the latter part of August.
C. ReJ:>ort of Police and Fire Chlef
1. Sheriff's Department: Traffio violations oited in
the City of Cupertino totaled 879 for the fisoal
year 1957-58, inoluding 555 for speedimg.
2, The Mayor reported that the police are using the
radar device 0.1y in areas where oomplaints have
been received,
Re'P0rt~i..p.l~'Çn,~,ng_Ç:,¡:¡¡¡¡u;s 10J1 Chairman
Nr. ::",'c.'.;:"~' ~ ;';":..')' ",,''l that the Plannins- Commiss10n
will rec()mmen':, 'J¡"~l'¡:;rc."'s to supplement the storm drain
polioy n,)~r in eI'feT;; t.~J~()ugh Ordinanoes 47, 50 and
Resolut; 1)::", 7", :õ;:, j~ìlis '/Jay standard forms oould be
handed t<:> ¿cve:'.(,)j,)c!'¡; in place of a letter worked out
for each occasion.
Along w~tl1 :;he Advance oOPY of minutes and agenda,
the Planni!!,,?; CQ:nsultar.t will prepare notes for use of the
Comm1ssiOJ: T"1lE'~'o y.,er:elÖsary. This should expedite the
applicE.:' ¡,'r'e'üè. c['1é:' matters.
'Re'Oo,..t "1' CBy Er. ·'L.''')'''''
U__I:."._~ _..__L..._......i;;,...._.} ~..
1. Mr. ,·'·',':D.l:'1@; t,;".;¡..ì.ained the difficulties concernin¡
M1l1fJl' A 1enue ~nd suggested that a meeting be held
with rep~e~entatives of the Fremont Union High School
District, The Counoil instructed the City Clerk to
arrange a meetin¡ in order to discuss the widening and
¡eneral improvements of Miller Avenue.
2, The bill submitted by Swanson for reimbursement was
approved by Mr. Fleming as off-traot storm drainage
expense. Moved by Couno1lman Saich that the two bills,
one to Caoitti for (200.00 and the other to Sondgroth
Bros. for $176.39, be paid from the storm drain fundj
seconded by Councilman Pelosi and carried 5 - O.
Miscellaneous
1. In order to stagger the terms of Plannin¡ Commissioners,
Mr. Anderson said that it 1s customary to vary the
length of appointments. With reference to the new
appointees he suggested that the term of one be made to
expire on April 1, 1960, the other on Apr11 1, 1962,
Councilman Pelosi moved that John Rodrigueø be app61nted
until 1962; seconded by Councilman Lazaneo,
It was observed that the ordinanoe provides for
Planning Coœmissioners to be apPointed by the Mayor with
the ccr.sent of the Council. Mr. Nathanson thereupon
appoi~tdd John Rodrigues for the term expiring in April,
1962, and \~il11am Craft for.. the term exp1rin¡ in April,
1960, Approved unanimously.
2, League of California Cities: Allocat1on of Federal-
aid urban money to oities, Th1s bulletin and
resolutions from four (4) California Cities on the same
topic urged the paqsage of Legislation necessary to
appropriate the federal-aid urban money to Cities in a
manner similar to which federal secondary highway funds
are made available to the Counties of the State,
J, State Legislat1ve Committee: Hearings and legislation
proposed 1n the matter of auotioneers. Referred to
the City Attorney.
4, California Highway Commission: Report and findings
re location of Junipero Serra Freeway.
S. Board of Supervisors: August 14 meeting to discuss
report of the master street plan of the De Leuw Cather
Company. Instruction was given that Mr. Myers should
plan to attend.
6, Senate Committee: Bulletin concerned with sewage
acts of the state and possible rev1s1ons Of the
law Referred to San1tary Distriot.
7. County Health Department: Prov1sional approval of
sanitation facilities within Silverado Avenue
Subdivision. Referred to Sanitary Distr1ct.
.;,!~ UNFINISHED BUSINESS
A. Ordinances and R~s~~~tions for Ado~~oÐ
1. Ordinance No. rezon1ng Yeeland Heights: Before
the reading Councilman Pelosi questioned the methods
of 1ntroduc1ng ordinances adt requested opportun1ty for
review before the1r presentation 1f the instructions for
- 2 -
D,
E.
F,
- J -
B,
preparation has not been given at a Counc1l meetlng. Moved
by Councilman Meyerholz that Ordinance No. SS be mimeo-
gra~hed and d1stributed to each Councilman pr10r to the
next meeting; seconded by Councilman Saleh and oarrled 5 - 0,
Ordinance 55 was then given first reading.
2. Ordlnance No. 56 rezoning FairlandsSubdivlsion: Moved
by Counc11man Meyerholz that Ordinanoe No, 56 be
mimeographed an~ copies be distributed as quiokly as
possible; seconded by Councilman Lazaneo and carried 5 - 0,
First reàding of v~dinance No. 56 followed.
:3. Appl',c¿otion fo;' fra!lchise to lay water pipelines ln
the pl.:bl1c s'trc)et,¡¡ and h1ghways in the City of Cupertino
was mar'll'¡ to thE' C"UJ.:cil of the City of Cupertino by San
Jose WatE::!' \¡:)¡'~s 311d California Water Servlce Company,
After '~he read1ng Councilman Meyerholz moved that the
franchise applications be stenciled and distributed to
the Clty Counoil and the maps posted on the bulletln .'
board; seoonded by Councilman Saioh and oarrled 5 - 0.
Resolutlon No. 98 was then read setting September 15 at
8:00 P.M. as the day and hour that bids for 8aid franchise,
for which San Jose Water Works has applied, will be opened
and awarded. Resolutlon No. 99 set forth the same faots
with resard to California Water Company. Moved by
Councilman Meyerholz that Resolutions 98 and 99 be .
adopted. seoonded by Councilman Saich and carried 5 - O.
Stellin2 -2 Annexation
~here being no protests to the annexatlon of a part
of StellIng Road the hearing was closed and the motion
was made by Councilman Meyerholz that the Couna.l cause
the necessary Ordinance to be prepared. Seconded by
Counoilman Saleh and carried 4 votes 1n favor, none
opposed, Counoilman Pelosi abs, ta1ned
VIII m:w BUSINESS
A. AÐÐeal from :'~a!,oh tlant" Deois~oD of Pla1tt\in2 Commi,sion
Mr. H, t. Makrauer. 245 Waverly Street, Menlo Park,
presented his applioation to the City Council and
summarlzed his plans, Attorney W, G. Clark, aotiDg ln
behalf of Young's Foothill Club and R, B. Roessler,
representing nelghborlng residents, both raised objections
to the rezOD1ng, After hearlng the arguments pro and con,
Councilman Lazaneo moved that the City Attorney prepare
an ordinanoe rezoning the subject area from M-l-H to M-2-H.
Seconded by Coun01lman Pelosi and oarrled 4 - t, Mayor
N~thansoD opposed.
B. ~lscel+aneous
1. Mr, Anderson suggested that he prepare a Resolution
outlining the procedure for the preparation of
ordlnances and resolutions Includ1~ the policy that
instructions ordering such ordinanoes or resolutlons be
given at an open Council meeting,
2, On motIon by CouncIlman PelosI, seooDd by COUDcIlman
Lazaneo, it was carried unanimously that the City
purchase a complete set of the oodes of the State of
California for office use,
:3, The City Clerk was authorlzed to notU)' the Planning
Commission that all flles and records be kept iD the
City Offlce.
IX PAYING BILLS
1, Moved by Counoilman Saioh that the Mark Thomas bill of
$1,697.96 for eDgineering servioes, June 16 through
July 15. be paid; seconded by Counollman Pelosi and
oarried 5 - 0,
2, The City Clerk was Instructed to cODtact the Amerloan
Sooiety of CivIl Engineers and the League of CalifornIa
Cities in searoh of a qualifIed man to assume the post
.4.
of City Engineer.
). Moved by Couucil~n Saieh th~t warrants No. 440 to 461
inclusive 'be paid; se:::onÔ by Counctlman Pelosi and
carried 5 - O.
X ADJOURNMENT - 12: 00 P. i'!.
Respectfully submitted,
\ '
.'~" '..... t
-
it\, -.C-,,,-
Lawrence K, Martin
Adm1n18trator.Clerk