CC 05-19-58
p. 0, Box 59?
Al 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE BLGULAE MEETING OF THE CITY COUNCIL MAY 19, 1958
Place: 10031 So.r:Jto€:8-Sunnyvale Rood
Time: 8:00 P,M,
I
ROLL CALL
Councilmen Present:
Councilmen Absent:
Le.Zo.n80, Meyerholz, Nathanson, Pelosi, SaicL
None
II THE MINU~~S OF THE PREVIOUS MEETING OF NAY 5, 1958 were read;
Item V-F, delete the sixth sentence, Item v-L-6 add "This eppl1¡
to all areas".
III
IV
PETITIONS AND COMMUNICATIONS
A. Writt!ill,
1, County Controller:
City of Cupertino:
Delinquent Unsecured Taxes
2-28-58
Secured T0xes 4-10-58
Less: Collection Charge 1%
Net Amount
Solvent Credit 4-10-58
Less: Collection Charge 1%
Total Amount
2, County Controller:
Aprll~502, 96.
J. Assistant Stete Highway Engineer: Explanation relative
to Stevens Creek Freeway Agreement,
4. Boundary Commission: Annexation to Sunnyvale opposite
west side of N9.th9nson property.
B. Oral - None
Statement of taxes colleoted for the
,46
2,8J4.95
28, '5
23.02
.2'3
2,806.60
22.79
2,829,8'
Fines Collected during the month of
J
FREEWAY AGREEMENT FOR ROUTE 114
A. Mr. Hayler, District Engineer of the Highway Division, said
that Mt. View is ready to sign the Agrecment and th2t the
County will sign when all cities have done so. The Mayor
explained that the Counoil's original reservations concernin¡
the Freeway have apparently been answered since provision
for the extension of Prune ridge is acknowledsed and access
is planned for a spur track aoross the Freeway in case such
a fncility becomes necessary. The freeway will be depressed
bi;)J.ow ground level from Stevens Creek Road to a point approx···
imately 1/4 mile north, with the State to bear the cost for
the structure necessary to carry the railroad across the
freeway. The Mayor asked Mr. Hayler if an owner could direc!
a purchaser to the Highway Department for a minute descrip-
tion of the freeway route as it effects a particular propert;
Mr. Hayler indio9ted that satisfaction could be granted in
this direction and that the State could buy property in
addition to that which it needs for the actual freeway in
order to avoid hardship upon a l~nd owner. Moved ~ Council-
man Meyerholz that Resoluti n No 8 be ado ted authorizin
the Mavor and City lerk to sip~ the A~reement on behalf of
the Ci tv with the understandinl?: that the map of FebruafY" 19S,<
be included; seconded by Councilman Saich, carried 5 - O.
B. Mr. Hayler said his department expects to receive approval
of the agreed plan for the traffic signal at Homestead Road
gnd Highway 9.
UNFINISHED BUSINESS
A. Ordinances & Rpsolutions for Adoption
1, Ordinance No. 50, Establishing a Polley in the Matter of
Storm Drainage. The Ordinanoe was read for the second
time and lõ1òopted unanimous Iv on a mot ton by Councilman
Saich and second by Councilman Meyerholz,
2. Resolution No. 77. Establishing Rates for Off-Tract
Storm Drainage, Upon a reading, moved by Councilman
Saich, seconded by Councilman Lazaneo that Resolution
No. 77 be adoPte~; carried unanimously.
B,
C,
c 'JE¡'¡
A.
'''''.:.s"-
3, Ordinance providing for Planni~g Commission of Sû7en
Members, Read a second time^ Moved by Councilman
Laz!).neo !b'i!;,..J;J1..A o~dinance be adQE.J¡,§!!; seconded by
Councilman Pelosi, carried 5 - o.
4. Ordinance Noo 51. Rezoning Wilson Property to C-l-H.
First reading was held on a rezoning of approximately 6
acres southwest corner of Stevens Creek Road and Highway
9.
5. Resolution No. 83, Setting Time and Place for Hearing
On Annexation Bubb-l. Carried 5 - 0 on motion by Council
man L~zaneo and second by Councilman Saich,
6, Resolution No, 84 Setting Time and Place for Hearing on
Annexation Blaney No.2. Carried 5 - 0 on motion by
Councilman Saich; seconded by Councilman Meyerholz.
7. Resolution excluding the City from Tantau Recreation
District. Upon hearing the resolution, Councilman
Pelosi objected on the basis of substance and procedure,
Otis Forge, Chairman of the Citizens Committee, which
adopted the policy, said that they could draft any
resolution they choose for the benefit of the City,
After some discussion, Councilman Lazaneo stated his
opinion that the City should undertake to provide recrea-
tion only for the City of CUgertino, He said he favored
tabling the resolution until the forthcomin[ recreation
meeting had been held; seconded by Councilman Pelosi, so
ordered by the M"Iyor. ~¡r, Anderson said th'3.t such a
resolution is of value only as an informative paper.
Actual exclusion or inclusion to or from the Recreation
District must be accomplished according to the Code
Sections which apply and as decided by the Board of
Supervisors, He asked for clarification as to where he
should receive his instructions in such matters, Council-,
man Meyerholz said that if there Dre no protests the
area will be included, in which case the Tantau District
will call an election. He said he wanted people to
express their opinion. The Mayor said that the whole
intent of the Resolution was to notify the Board of
Supervisors that the City wishes exclusion from the Dis-
trict before the map is filed and recognized, Councilman
Pelosi said that the Tantau District is not particularly
interested in annexation but is willing if the idea has
sufficient backing. The Mayor said the resolution
involves the people in the Cupertino School District
which as a whole disapproves. The other cities apparent 1,
would be excluded.
8. Resolution Granting Consent to Cupertino Sanitary Dis-
trict with Respect to L,I.D. J. Mr, Anderson read a
resolution of the Sanit?ry District requesting approval
to include a portion of the City in said Sanitary Dis-
trict, No. 86 is 8 Resolution of the City Granting
Consent for the Construction of Sanitary Sewer Mains in
City Streets and Approval of Resolution of Intention for
L,I.D. 3 and Consenting to the Work and Formation of the
Assessment District described therein, Councilman Saich
moved adopt~on; seconded by Councilman Meyerholz, carrieð
5 - 0,
Possibilitv of incl~ding Stellin¡¡: in Citv street system
Postponed.
Mi scella~eous
None.
BUSINESS
Attorney's Report - None
Councilman Meyerholz asked about the gas station petition.
Mr. Anderson said that his report at a previous meeting st1l1
stood. He added that the petition as standing is not suffi~
cient but the Council could prohibit stations if indicated
by the master plan in process. Councilman Meyerholz said he
thought the City could limit the number of stations and shoul
consider one method or another. Discussion was resolved by
reference to Myers impending report on the subject expected
at the next meeting. Mr. Leonard, Chairman of the Planning
Commission, said that the problem is more widespread than the
-j..
problem of one gas station, Mr. Myers is working on commer-
cial zones some of which would bar service stations, He fel'
it within the power of the Council to prohibit further gas
stations by interim ordinance, Councilman Meyerholz moved
the adoption of an interim ordinance; no second, Mr, Baer
said that the petitioners can call for an election on the
issue,
B. geport of Road Commissioner - None
Mr, Fleming said that he and Mr. Saich will examine the
sect~on of Stevens Creek Road already surfaced by Piazza,
C. Report of Police & Fire Chief - None
D. R~port of Planning Commission Chairman
1, Batch Plant - The Flanning Commission voted to recommend
affirmative action to the City Council on the basis of
a new location subject to conditions to be imposed and
confirmation of details by counsel,
2, A hearing was held in which the R-l portion of the
Yamaoka property was zoned to accommodate 8,000 square
foot lots.
3. Tentative subdivision map has been filed for 7,4 acres
of land owned by Joe N. Mariani,
Mr. Leonard said that the Planning Commission is not
inclined to rezonc the batch plant locAtion to M-2-H;
the preference is to continue H-I-H zoning and apply a
use permit, He said there was no reco:nmendation at the
present time, since the Commission needs a reply to the.
conditions imposed plus time for counsel considerations.
Councilman Lazaneo asked the reason for the change in
site. It was his thought to offer primary protection tp
Cupertino residentS, in this case, Youngs Foothill Club,
E, Report of City Engineer - None
F, ~l1.scellaneous
I, Moved by Councilman Pelosi that a resolution be drawn
setting a deadline of noon on the Wednesday prior to the
meeting for accepting items on the agenda, with distri-
bution by Thursday noon along with the minutes of the
previous meeting, This was withdrawn in favor of a
minute order to that effect.
2. Councilman Meyerholz asked for approval of a McCarthy
warrant in the sum of ~.l180. 76, Granted.
J, The bill from the Sunnyvale Standard was returned with
the request to include the Affidavit of Publtcation,
4, ACA 46 was read describing an amendment to the California
Constitution related to the p~ing of bonds, The pro-
posal is to reduce the requirement from 2/J of those
voting to 60% of those voting, The letter was filed.
5. Councilman Pelosi questioned the name of the Citizens
Committee and said it should be called a progress
committee with another committee to be formed called a
citizens committee.
-c,
ADJOUFJ~MENT ~ 11:40 P.M,
R-?J'ectfullY. submitted,
,f,<L.t~Y1~.-O-~ÍÓ-'< \ttA::¡:
LAkaENCE K. MARTIN
City Administrator-Clerk