CC 07-07-58
P. 0, Box 597
Al 2-4505
C I T Y 0 Feu PER TIN 0
CuPER'l'INO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COU1~CIL JULY 7, 1958
Place: 10031 Saratoga-Sunny.vale Road
Time: 8:00 P.M,
I ROLL CALL
Couucilmen Present: Lazaneo, Meyerho1z, Nathanson, Pelosi,
Saich
Councilmen Absent: None
II THE MINUTES OF THE PREVIOUS MEETING OF JUNE 16, 1958 had been
mailed, Item III-A-) after "The City of Sunnyvale owns" add
"a portion of," Item IV-A-2: delete the sentence beginning
wi th "The Ordinance is understood."
III PUBLIC HEARINGS
A. Blanev 2 Atl1'!exatlon
No valid protests were submitted before or during the
hearing, the only communication being a letter from Verne
S. Hall, a property owner in the annexation who stated
that "he did not wish to annex to the City of Cupertino
until the Roy W. Larson property is annexed,' The Mayor
declared the hearing closed,
The Council held first reading of Ordinance No. 52
approving the Annexation Of Certain Contiguous Uninhabited
Territory Designated "Blaney 2" To The City of Cupert~no
in accordance with the provisions of Section J5300 et,",
seq. of the Government Code of the State of California,
B. Bubb 1 Annexation
Protests were addressed to the City Council by the
Lucchetti's for 10 acres, by the Benevento's for 14 acres,
by the Taddei's for 18 acres, and by the Wong's for 14.99
acres. The figures on the last eQualized assessment role
indicated improvements of $19,410,00 on the 55 acre. .
parcel of land owned by R. Cali, of which 15 acres is
included in the Bubb 1 Annexation. Investigation is
necessary to determine how much, if any, of this figure
should be included in the count for and agàinst the
annexation.
The Mayor declared a continuation of the hearing on
July 21, the results of the hearing to be stated at that
time.
IV PETITIONS AND COMMUNICATIONS
A, Written
1. State of California via City Engineer: twelve copies
of "Application for State Flook Relief Funds' including
resolution for transmittal to the State Department of
Finance,
Move4 by Counoilman Saich that Resolution 92, A
Resolution To Accompany Application For State Aid To
Repair Storm Damage, 1958, be adopteg; seconded by
Councilman Lazaneo and carried 5 - 0,
2. Division of Highways: Memorandum·of Agreement for
Major City Streets, for the fiscal year ending June 30,
1959 - to be executed by the City. MGved by Councilman
Saleh that Resolution 91, Adopting Budget and Approving
Memorandum of Agreement For Expenditure of Gas Tax
Allocation For Major City Streets be adopted. Seconded
by Councilman Pelosi and carried 5 - 0,
J, County Executive: Recommended agreement for patrol
services to be provided by County of Santa Clara for
the City of Cupertino. The terms of the agreement are
the same as previously existed with the e~e...ePtion of the.
pri~~. Moved by Councilman Lazaneo, sec~d by Council~
san S~ich and carried S - 0 that the agreement be signed.
11" Division of Highways: Fully executed oop1es of the
P;~eeway Agreement between the State and the City of
,:,"!,'3:é'tiIlO ü(\vering State Highway Route 114,\;Iet#ween
'1. ':': ':'.Ian tkad, and 0.2 miles north of Homest'éad Rdàd,
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,
tt
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s: pépartœent of PUblic Works: The Engineering Division
of the 1957 Governors Traff1c Safety Conference
adopted and presented to Governor Goodwin J, Knight a
single resolution urging legislative bod1es to authorize
and support the engineer in a program of oooperative
highway planning with other jurisdictions 80 as to affect
integration in the planning of street and h1ghway systems
among local agencies, On motion by Councilman Pelosi,
seconded by Councilman Lazaneo, Resolution No. 93 carried
unanimously,
6. Mayor of Monte Sereno: Copy of letter to the c
committee on Metropolitan Integration in which he
states "If eoonomy and efficiency, rather than political
domination hy one or more of the larger cities, is the
objective of "Metropo11tan Integration" it would seem
that the most promising approaoh l1es in contraoting .,
with the County for additional servioes to the Cities,"
B. S2ml
George Oakew, director of the Rousseau Organization,
requested an additional City Council meeting in order to
speed the map processing for his Fairlands Subdivision,
The Mayor decided to adjourn the present meeting, when
finished, until July 9 at 8:00 P.M.
V UNFINISHED BUSINESS
A. Ordinances and Resolut~qns {or Adoption
1, Weed Abatement: Ol'dinauce No. 5J is an Urgency
Ordinance Providing For The Abatement Of Weeds in
the City of Cupertino, Providing For Lien Assessments
and Procedures. Councilman Pelosi questioned Section lA
which "!xc11ldes from the provisions of the ordinance all
lan~s devoted exclusively to agricultural and farm use,
Diccussion followed in which it was said that farmers use
weeds as fertilizer, that they may let the grass or weeds
accumulate for farming purposes, and, it it difficult to
tell the farmer how to till his land. Councilman
Meyerholz explained that the ordinance provides for the
adoption of a resolution by the City Council to determine
a violation, in every case.
Moved by Counoilman Saich, seconded by Councilman
Meyerholz that Ordinanoe 53 be adopted as an urgenoy
ordinance. Carried 4 - 0, Councilman Pelosi abstained,
2, Amendment to Zoning Ordinance: Ordinance 002(B) was
given second reading. .60uncllman SaiCh moved its
adoption, seconded by Councilman Meyerholz and carried
4 - 0 - 1. Councilman Pelosi abstained.
J, Report on Sign Ordinance: Mr. Myers said a rough
draft has been prepared and will be distributed
soon.
B. Stree~ k1&Qting Pol~2X
~ouncilman Meyerholz said that the electric bill for
street lights is usually paid from the general funds when
a city becomes urbanized. In the smàll towns those
desiring and benefitting from the lamppoles pay the bill.
In response to a question by Councilman relosi, Councilman
Meyerholz said that apparently it is agreeable to continue
the present Cupertino street lighting district in
existence At least until the sum advanc~d by the City for
those lights is refunded by the people within the assess-
ment area. As to the mechanics of the matter, Mr. Anderson
said that the City can pass a resolution authorizing the
bill tv be paid from the general fund.
C. ,Ç1ar.~j'jgD.~Jl....QL§..tQ,r.!I.U2.':.!!.Â!1 PO).l.£:L
There was so~e difference of opinion concerning the
ad:'1i'1istration of the Storm Drain Policy. One opinion
he~~ tt3t no deposit is required and that Resolution No. 77
'~0"2 ~;o~ appJ.y to the construction of a single house which
,'(;.~r; :"'ot cr'eate additional runoff. Another said that the
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D.
Ord~ai1òe and Resolution should be applied unlformly
whet~er the oase be a single house or many, Disoussion
revol.ed around these two general posltlons,
~-~9 TàX Ri~a:
Moved by Counèil~n Meyerholz that a tax rate of 20¢,
the saie as last fear, be estab11shed, seconded by
C01.lDlCilman Saleh and carrled 4 - 1, Counc1lman Lazaneo
opposed.
~erkA1~v Cónferenðe on Local Govetpment:
Marked tor inclusion on the followi!lg agenda,
Ml.oallaneous:
Lètters prevlously tabled in order to consider other
matters on the agenda were now discussed:
1. Latest Annexations with1n threemUes.
a. De Anza No, 7A to the City of Surmyvale.
b. Ortega No. 8 to Surmyvale.
2. State Controller: Summary of motor vehlcle license
fees for the period of June 1, 1957 to May 31, 1956.
Cupert1no share $8171,01.
3. City Eng1neer: Copy of letter to School Board of
Trustees concern1ng the w1dening and. improvement of
Mlller Avenue,
Mr. Flem1ng reported that Ml11er Avenue is shown on
the Ma30r Street Plan 'of the City as a 90 foot r1ght-of-
way. Dlfficulties with the school however have lndicated
that 75 feet mlght be ecceptable, To secure thls, an
additlonal 10 'feet will be needed from the school, making
30 feet on the East slde of Ml11er and 45 feet on the West
side lncludlng a 25 foot dedlcation from Yee1and Heights
and other developers on that alde. In view of the
difference ln wldenlng from the center 11ne suggestIon
was made that the City pave the IS feet of roadway
1mmédiately west of the center 11ne.
Councilman Meyerholz moved ;:i! ~i *t; ~:!fii ~
g:i~~::: ~~ ~:::::~ ~::::~:t n~~~ t ~~~:n:~r-
line the Citv W1~1 lmÞrove the remalner to make a~¡ler
~i~~~l:i~:.fO~~o~:::d~t~~:~~~r~:~~l::d :~~;~:d'
~~ivers1ty of Callforn1a: Regional Conference on the
problem of organizlng for serv1ces and funct10ns in
Metropolitan Area..
5. Treasurers Report; April 1, 1958 to June 30, 19S8
E.
1<'.
Balance. April 1, 1958
Receipts
Total
C1sbursements
Balance
Received but deposlted after June )0
Bank balance as of June )0
Time deposit
Receipts:
Planning Commlssion
Lioenses and Franchises
Traffic flnel
General
Special (Sewers - Drainal.>
$28,526.05
~
-a.959·r
5,907. )
5.57~.~P
f;;40,3) , )
19,095.00
~ 426.40
4,.49).~)
1,194,32
17.75).01
~.47.4_20
t29,)41,16
6. City Engineer: Copy of letter to Mr, Robert Wong.
7. City Engineer: Copy of letter to Dlvision of HiøÞways.
requesting ocnstruction plans before the pro3eot ls
pA ~o bid,
3< I;otmty Planning Cpmmiss1on: Agenda of July 2 1ncluding
".~plication of' Barnhardt Construction Company.
Ccrt~,nued publ1c hear1ng of June 18 on appl1cat1on f'or
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vari'nce -. permit leaser front yard of 20 feet where )0
feet ia required for setbaok, south..at COrDer Sara to Sa-
Sl.II'mYvale Boad and Homestead Boad, tor add1tion to wareM
house.
VI NEW Bl'SINESS
A. ~itþ respeot to Pla:rmll3g Commi88lon. Mr.
~rson referred to hi. lIIemo of June .26 addressed
to the City Council and eX#~ded on oertaln sectlons
therøin...
B, fumaAt o¡...Road CCUlWiss10I!~
-----ør. aich and Mr, Plemi,ns reported tl'lat Piana had
ooçleted the road work specUle' in tbe contract and
subít<¡uent agreemttat. .' .
C. ~t of ~olioe A~ð 'ire.C~.t
-'0 report. . ,
D. C
ex meetin¡ s sche u edfor uly8¡
Second meetins on the residental portion of the
Rousieau Subd1vision on the Cerrito property has been
scheduled for July 8.
J. A bullding permit has been requested for a property
on Tula Lene.
4. The hear1nf¡! on the Yamaoka appl1cetlQn for cò_ereial
zonlng at the corner of Stevens Creek Blvd. and
Portal Avenue haw been scheduled for July 18.
S. An application has been submitted tor commerola¡
zonln¡ to accolllOdate a shopping center at the northM
west corner of Blaney and Boll1nger. The matter has not
let been set for hearihs.
6. The setback at Silverado Avenue and Highway 9 does
not conform to the 120 foot right-of-way established
on the major street plan of the City. The discrepency
evidently arose when a representative of the Hlghway
Division indicated agreement, or lack of objection, to
locating the curb closer to the center line,
7. The Bethel Lutheran Church is expected to begin
construction very shortly and final details of tbeir
project are expected to be concluded at the following
meeting. A use permit has already been granted.
E.. Re~ort of qitv En2ineer
1, Mr. Pleming said he had attended the conference of
the American Public Works Officials in San Diego,
2, A diagram was placed on the board showing the inter-
section of Homestead BOad and Highway 9, the polnt
being that the impending installation of traffic signals
at this juncture plus the proposed Marian1 addition
reises the question of an efficient improvement plan
which will not requ1re further movlng of the islands and
signals recently approved by the State. The Mayor
authorized Mr. Fleming to supply the County with the
diagram outlined on the board.
J. Gas station at the corner of Silverado and Highway 9.
Mr. Fleming reported that the œ>ntractor ignored the
plans posted on the building, He explained the alter-
natives. The Mayor said that the contractor should be
required to rebuild the station in accord with the plans
of the Cit~ Engineer.
F. ItlEicellalleq",'-W.
:. Attention of the Council was called to a bill su~mitted
by the Mark Thomas Company in the amount of $3,080.27,
Moved by Councilman Pelosi that the bill be paid;
~econd£1 by Councilman Lazaneo, and carried 4 _ ° _ 1,
C'c,u1.'lcilmal1 ¡~eyerholz abstained.
" ~~l'1e me';!ting was adjourned at 12: lS until Wednesday
,>;~t 8:cc P,M.
~peotfullY submitted, _._
:~!)"U..~ ~. ltt~-!k-v..
WRENCE K. MARTIN
~inistrator-Clerk