CC 06-16-58
P, O. Box 597
C I T Y 0 Feu PEP T ! N 0
-----·CUþËR'~ mo~·-èi;:rfi~éjÎ.IT;,}A-·--·-
Ai 2-4505
MINUTES OF THE REGULAR LEETING OF THE CITY COUNCIL JUNE 16, 1958
Place:
Time:
10031 Saratoga-Sunnyvale Road
8:00 F.B,
I
ROLL CA.LL
Councilmen Present:
Councilmen Absent:
Lazaneo, Beyerholz, Nathanson, Pelos i, Saic:1
None
II
THE NINUTES OF THE PREVIOUS ¡1EE'rING OF JUNE
mailed, The following correction 'was made.
"Also a small building".
2, 1958 had been
III-B: Delete
III PETITIONS AND COI'1EUNICATIONS
A, Written
1. County Planning Commission and Board of Zoning
Adjustment: Summary of actions - June 4, 1958
2. Louts F, Bonacich: Permission requested to install a
septic tank type of sanitation system for dwelling just
West of Western Drive. Referred to Planning Commission
and Health Department.
3, County Boundary Commission: Recent annexations within
three miles of Cupertino,
With regard to an overlapping Sunnyvale annexation Mr.
Anderson said that the last equalized assessment roll
shows a Joseph A. Sorci to be o~mer of record. At
the present time, the City of Sunnyvale owns the piece
of land formerly owned by S~rci, Mr. Anderson said
that Sunnyvale would like Cupertino to omit their two
and a half acres from annexation.
The con¡;ensus indicated willtngTIess to exclude
Sunnyvale territory if they agree not to protest the
annexation.
4, County Planning Commission: Agenda of June 18, including
hearing on application for variance in required front
set back from 30 feet to 20 feet, for addition to
warehouse at the southeasterly corner of Saratoga-
Sunnyvale Road and Homestead Road.
Mr. Leonard said that the County had deferred action
in order to get a statement from Cupertino sinoe the
other three corners are already within the City Limits.
Prospective widening of Homestead Road which shows
a plan line of 90 feet poses an additional problem.
The Mayor noted that the impending installation of
traffic e:ignals may not allo,~ room for a variance.
5. County of Santa Clara: Supplemental agreement for
buildiTIg inspection service in which Cou~ty retains
607~ of the building permit fees and remits 40;j of the
permit fees to the City of Cupertino monthly with the
Conn'cy to retain all fees in connectj,on with issuance
of electrical gas and plumbing pel'mits, The M9.;yor
read ;;11e agreement and it was decided to table the
contract until further discussion of the building
ins'pection function was held.
6. JoIn¡ Eo Fleming: Checks Enclosed from Yee Enterprise£'-
:00955.00 for Scorm Drainage, and (,1519,20 as depos:..t
for ('·",',c \U.Y"[ and inspect ion fees.
7, COGnt;' C87!trcller: Fines collected in the month of
May r:-;;',:,^l1 ~è69::'oJ6 to the City.
S. F;.¡bl.i ( "àt lonal Insurance' Company: Reinstatement of
pollo'; Ü:sc;.eJ to Andrew D. Clark,
9, ASSO"l- '(.é',j Plu",lb:ing Contractors: Offer of assistance
j,n h:..·"~: ~ l: [t .1:r~;Jpe:-;tlo11 matters"
10" Dlvi2ic ,Y! HíghY!:;j~s" CC?y of encroachl':lent permit
iGn1)~~ê. c:) Cl~"':->C':,,:",,·:,;~~",::-: .Sönl.tn:·,V' DIC:,[;.:'.)-; r,,-·,.;, ~Jr-'~',::!.ì" Jìl8.:~:::1<"":;
cell 'L,:","·t-::;:.:\~-:;.~;..s ..j~. )-;~; (,:;t 8.Y{.('¡·.~,(_,"':-. ~;-j.~~f~':; ~.' -,'-':~_::;l:,vJ'ç...~r ':!
IV UÞWINISHED BUSINESS
A, Ordinances & Resolutions for Adopting
1. Weed Abatement: Mr. Anderson requested more time
before introducing a Weed Abatement Ordinance. The
Mayor requested the City Clerk to inform the owner of
the 11 acr~ property midway between Highway 9 and
Blaney on Bollinger that the property is becoming a
fire hazard and a nuisance.
2, Amendment to ZOJ'Üng Ordinance: The first reading was
held on Ordir.ance No. 002(B) amending Ordinance 002
and providing fer use permits on all gas stations.
'rhe amendme.,-c ch,mges the status of gas stations to
that of us~ by permit rather than a permitted us~ in
C-I-H zoni':1g, Tile Ordinance is understood to be an
interim proc~dure unt!.l a comprehensive zoning Ordinance
for the City can be compiled.
Councilman Pelosi questioned the Ordinance with regard
to its effect on present property owners and more
particularly on owners who may have purchased recently
with a gas station in mind, Mr. Anderson said that
the first reading simply places the matter before the
C()uncJ.l and has no legal efficacy.
Mr. Pelosi said that he is concerned about the matter
of individual property rights.
Annex?t.~ºnLQ[ a PQ~j9n o~ Stelling Road into the City
~et_ß~~~~~; Mr. An~erson said the Government Code
pro'lides that a City can initiate an annexation and
suggested that proceedings be commenced with regard to
Stell1.ng Read, A title ,search will be needed to determine
whether CWL8îShip extends to the center of the road.
Resolutivn No. ?O ;-!as :tnt,:,odu.ced giving notice of the
proposed 8.1'11' ":':8.c:,,:m ot cert?,in uninhabited territory,
desc.'ibir·£i f;f,j.j,';er~'itory and designating it by the name
StelJ.i~g :? ,,-Y',} P;"yt;1F :t:(',t1.ce of time and place said Council
wll'. heT~ r,l'ç~~sts 'U¡u'e'Goo Carried 4 - 0: Councilman
Pelosi ~bc~~~i!le;:,
~~·r;JrVl.l'.:.,.Q,~;.;:;',~~,~~:~,~.·:J?
0Ìi1~';;',;8", 'v" t,_ '::~l~ :'.1seð. r.-.·)O ::urther discussion.
EmT'lu~To·ie~t1.~; ':t JI~.:.ld ·i.rl'~' ».'~cT,p.eto~
_ _... "~'_'--." -, . ~.___,. V',._ ....."... ..-..... .~.,_..._., . ".............- ..__
Omi';;ted 6.;", 'Go ;;]:J'3 UE;8r1 fGl' {lu'ther discussion,
iVIi see J.~~'i:c.o ;.-,1_~ i:
ï:-....r~õ',:--è¿.._··'~·_·r;(!·,!::::,;ll.~?c~,: I.:ì¿;~'neo) secoTIded by COl~+ncl1man
.?S20;:-:" t':-::}'::· ';.,-:1(~ Cit,:'f·:ti.y,-,lIE'.8'2 tn."? 2erial m,s'~S prepared
::"J t.~-:': _'';-1.", ;:'.:::--.:).'1. r>,:.,'·,Y :_':,"; f~,:::\'n :,:1, 1952,. Ca:'r>j.,~:(-;.
'"'
- 2 -
11. Foothill College District: Acltnowledgement of C1t,y
help in the recent Bond Drive, '
12. County Engineer: Copy of letter to Raymond Wi Fisher
ooncerning Miller Aven1,le Storm Drain and'Tract No, 1181
Yeelæ¡d Heights. Permission granted to utilize the
existing 18 inch storm drain located ât Miller Avenue
as an outfall for Yeeländ Heights
13. Santa Clara County: Ordinance No, 710 r~gùlating the
moving of bU:i1dings Or structures withirt the
unincorporated al'eas of the County and a169 applying to
tl"_o City of CU'08I'tino Mr. Anderson said that the
provisions of the Ordinance are strict ánd provide for
fees, li"llJility lnsurance, routes, roller inspection,
etc. See IIJ-A-4. ,,,
14, League of California Cities:
(a) 1958 Legislation affectirtg Citie~
(b) Release of June lJ mentioning City Street deficiency
reports, introduction of H.R. 12414 providing for
a five year federal census, etc.
15, The University of California Conference Planning
Committee: Notice of regional conference on: The
problem of organizing for services and funotions in
Netropol1 tan Areas, to b.e held July 21~, 25, Claremont
Hotel, Berkeley.
Tabled for further consideration at next meeting.
B,
~
'-'0
D.
E.
v
- 3 -
.'
2.
It was asked that the building permits be ¢hecked to
determine whether a structure on North Highway 9,
West side, was completed without benefit of permit,
NEW
A.
BUSINESS
A ttorne¡ ~Rep..Qrj¡
1; H Control with respect to Planning Col!U!Ìlssion: Mr
Anderson said that he has been unable thus far to
loca~e any ,resedent in this matter,
2, Mr. :-I::e:"'s 1.3 worldng on a sign Ordinance of a general
type ,=,or'.";ai~1!.::1g avthority to move signs not complying
wi;;h the ")~'cJj.na~lCe, It was requested that Mr. Myers
be p::'aca,} on ths agneda for the following meeting to
render a progress report on this Sign Ordinance,
Report 01 Road Commissioner
Councilman Saich reported on some recent patch work and
also said that white striping for Stevens Creek Boulevard
would be included in the Piazza Contract. Councilman
Lazaneo said he has been receiving complaints about the
road repairs.
ReDo~t of Police and Fire Chlp.f
The Mayor reported that citations have been issued along
Stelling Road following complaints from nearby residents
that cars were speeding on that street,
Report of Planning Commission Chairman: Mr. Leonard
reported as follows:
1. The Rousseau Subdivision of the Cerrito Property on
Stevens Creek Road, requesting zoning to accommadate
lots approximately 7,000 square feet has been
scheduled for June 20.
2. Excell & Son have applied for R-l; R-J-H and C-l-H
for portions of some 7 acres along North Highway 9.
West side. First Hearing June 20.
J, George Yamaoka has applied for C-I-H for his frontage
along Stevens Creek Road East of Portal, First
Hearing has been set for July 18.
4. A tentative subdivision map for the East end of
Silverado is pending due to a ~~wer problem.
5. The Batch Plant Application is also pending while
awaiting applicant's decision on site preference. If
he chooses the lower of the two possible sites a new
hearing ~~y be required. Councilman Lazaneo questioned
the Sanitary District arrangements on the Aronsen
property with regard to the acreage specified for
Storm Drain Deposits.
6. The two new members took their official places at the
Planning Commission meeting of June 20,
Street Lighting: Yeeland Heights. etc.
Mr, Anderson. City Attorney, said that a Street Lighting
Act of 1919 and another of 1927 with the 1957 Amendment
permit annexation to a street lighting district. The
question is pertinent at the present time with 5 or 6
subdivisions pending. The City Ordinance requires street
lights to be installed at the expense of the subdivider.
Mr. Addison, Street Lighting Engineer for p. G, & E,
described two main ways by which the City can handle the
street lighting problem. One, by annexation to the existing
Cupertino Street Lighting District or two, by creating a
lightin8 distr~ct of the entire City not including the
exist in,s dis,;!'; ct, This second method would require the
electric lighTi~g bill to be paid from the general fund
of the City. C0uncilman Meyerholz suggested that the new
are?,¡'J annex .~(; the original district with the subdivider to
pay al.:. the cOS'cs less maintenance and electricity.
B.
C,
D.
E,
F.
No decision was reached.
attention,
Niscellaneous
1. couiîèiï~in Lazaneo requested
be asked for proposed 8011001
that the School District
sites 0
T~e matter will be given further
--~""--'----.._---.---------.----
- 4 -
2, Councilmen Saich asked about thew1dening of Miller
Averue, CC1l.1Jc·l1man Meyerholz sald that the school
district considers itself an instrumentality of thè
state and is i~clined to act accordingly, . The Mayor
lnstNcted the City Clerk to write the Superintendant
of Fl'smont High School District and request a meeting
to ði30USS the widening of the street on the high
school sj,de.
J. Councilman Pe:osi suggested that the warrants be
ini \;j'3.:''-'',," ;-::~r fA~_ternate Councilmen,
VI ADJOURNI>1ENT. - lC:Cr) P,M,
Respeotfully submitted,
LAWRENCE K. !1ARTIN
City Administrator-Clerk