CC 05-05-58
P, 0, Box. 597
G I T Y 0 Feu PER TIN 0
CUPÊ11TINO, CAL:;':¡'0E"fJIA ----
MINUTES OF TES REGULáR NEE'l'ING OF THE CITY COUNCIL MAY 5, 1958
AJ. 2.-4505
Place:
Time:
100)1 SaratogG-S~nyvale Road
'7:JO P,M,
I
HOLL CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Meyerholz, Nathanson, PeloE:, Saicb
None
II THE NnnJ'l'ES OF THE .?R~'¡IO\JS !ilE:?;Tn~GS OF 4-1.5',58, 4-21-58, and
4-23-.58 were read; the fcll()v';~~g ccrrecticn W9:::::; made: Page 3-V-
H-2 add "Rey riustton ,g~d J QS2'PY.l Broï.^:TI" CI
III PETITIONS AND Cor:MUNICATIOIlTS
A.
¡oJrl tten
r"-'fiëp'ar-cmertt of Fublic 'V],,)rks: (u8l~tt~'r'1Y' 2ll.(:,c:~tlon of gas
tax fLmë.e to Cv.i~ert ino f()¡O the P2!-:\ cr~ 2']'~; ~ )",g J··:;».-)8 is
.1248,<;2,
2. Stgte Contr.cJ.ler: APP(¡1·tior~1P€'0t tv C!"':':;Er·t.~:ilo cf Alcoho-
lic Bever8Fe License Fees ... S~.247 ,J!-5 "
3. California· Disaster Office: Sü.r'pl¡,¡s Fedel"3.l Property
Qu.estlonnaire"
4. Dep9rtment of Education: Alloc"ltion of Su:"pIL:s Property,
Effective April 28, 1958 the request sY'Jtela wJ.::'l be
limHed to items which hsve a unit value of ..100 or more"
.Q£¡li - None
B.
IV UNFINISHED BUSINESS
A. OrdiY@pee..ê_& Reê..9.1utio.!Jl!_f'or Adoptioll
1, Purchasing Proçedilres
l~oved by Councilman Saleh .t.l}at a full readipi!: .9l'._QJ'.ÈJr.::.
,W..Q§_ No---.4-.Ji.h!L w8i 'Ted by Ui^)3nJ.mous agreerr"-.:u1; seeO"t,ded
by Cou:'lcllman PeJ.osi, carried 5 - 0, ¡'loved by Counell-
!!lan Saieh !,hf'cUrdln~nce, No~ 48 .l?r.lUÚ.d1r¡¡¡::.,.f.Qr'_t.:"e..l2ill:::.
.>k"iU12...2L.B.lli"2Lli.?.13 and .~qj,lJJ?Jaent D.\L.E.ill1l:ed.; se;;onded by
COUl1Gilill8.n Laz9.neo, c'J.l"ried 5 - 0,
2. Resolution endorsing Foothill JunJ,or College Bond EJ,E'c-
tlon - Taxes and other facts to be presented by the Bond
Drive Chairman, Gene Ravizza reviewed the me.tters per-
taining to the school and said that the bond method of
financing allows the peop~e moving in later to share in
the cost, whioh, he said would carry a lower tax rate
than the cost without the passage of the bond sinoe the
people are obliged to pay junior college construction
costs for district students at ,:ending other junior colle&.
A chart outlining the figures by rate and total was
shown, The school, said l1r ,. Ravizza, must be finished by
1961, allowing one year for plans and two years for con-
sëruction. Moved by Councilman Lazaneo th~þe Citv
-ª2~ill+; a~~ltJ l~:¡.Q!l......nnmber 80. endorEi1r1£..JJ1\L.l.4]ÜOr
£::J).efe Bond IeSIL~j seconded by Councilman Saich, oerrie::
4 - 0; Councilman Meyerholz abstained.
3, Ord in~Jl1ce providing for Pl'3nn ing Commission of seven
meli';)erS, Ordinance No. 005(.1\.) W8S readj the section des.
cribi~g the five affirmative vote requirement for rezon-
!:t'.g wns opened to discussion, Consensus favored fOl'.),' ve-:'
requil'ement rather than five. Moved and carried that
four he reruired, returning the Ordinance to the Counsel
for revision. Mr. Anderson said that two new members
OOUll' be appointed and sit without vote, Mayor Nathanso:'
Do:~j.nated John Rodrigues, Jr. and Billy Craft to the Pla~.~
ning ComnÜss ion. Councilman Pelosi nominated Joe Ada!Iio
Dnd Sam Hord. Moved by Councilman Saich that R0drig'Ä.es
and Craft be appointed; seconded by Councilman l1eye~'hclz.
carried 5 - O. '¡'he I1ayor said that lats would be d¡'aw,;
to select the two and four year terms.
4. An ci'dinance prescribing prooedures for giving notice of
t :no ¡md place of hearing of pet it ions for the City CO\ill.,
cil and the City Planning Commission,
¡10ved by Councilman Eeyerholz, seconded bJT Counci lman
Sai;:;h that. t~cond readi!1L~.!!L<3J.ved by ¡,;~;im.2l¡.fLç~h:.
~!; and th'iLthe ord.i.1:1'ill;Je. No. 4'i......12.e adoPted, car:'i cò
5 - o.
-2-
5. Resolution authorizing the City Clerk-Administrator to
accept and consent to deeds, Resolution No. 76 was rea~
and adopted 5 - 0 on motion by Councilman Pelosi and
seconded by Councilman Lazaneo.
B. !.rqffic S11mal for HomefLtead Road
Mr. Fleming reported that the construction money of the gas
tax fund can be used for the cost of such a traffic signal.
No further word having been heard from the Highway Depart-
ment, the Council requested that a third letter be sent in
another week.
C, Frr-mqf¡lse for Ct1P£j¡.tJl9..J:.i1.Ì2._C.omp8ny
r1r. Anderson reported that a city can grant such a franchise
but recommended that the City take no interest in an exclu-
sive franchise at this time. The Mayor asked the Cow1sel to
so inform Hr. Clark,
D. ~i tion of Counc!.L~llJ:\....r.EJ.~'2.~£.t_to K'y'l1e & Cumming,ê...ßubdlyi-:
s ioI'!. at May 7 Freel-laY H~:h;;t,
The Mayor said that the City is the manager of the L.IoD.
comprising this tract. i1!'. Cummings expJained his posHion
to the City Council, as he had to the Planning Commisßion,
and stated that the present route obliterated 21 lots. He
aslwd for Council help to divert the freeway a'bout 450 feet
northward. Mr. Fleming said that it Qould be :J,mportant for
the City to go on record since this might develop additional
facts indicating more specifically where the line might be.
CourlC ilman fo1eyerholz moved !i.h.?_t_s.JJlce the C 1.tL.1.ê...r.:~p._Q!tß i ble.
for thi s L,..LJl. the route shoulrl be so located that i t~.;.1.
least damage to the slilidivisio~long its l~~h. especia~1Y.
Cqrte Madera Hi~hlands. with the City to gO on record aqg~
stlLte at the May 7 hearing; seconded by Councilman Lazaneo,
carried 5 ... 0,
E. Miscellaneous
1. Councilman Pelosi referred to the League of California
Cities meeting June 5 and 6 in San Diego, He said that
he would like to go but could not and suggested that
another Councilman attend, This is to be considered at
the next meeting,
2, It was also decided to keep abreast of the Inter-City
Council and League of California Cities meetings so that
one or two members could attend each.
), Councilman Pelosi was appointed as Council representativ~
for Civil Defense - to meet with Mr. Williams in the neBl
future,
ÎJ"
NEW
A.
BUSINESS
Attorn~ ¡¡eport
1, fo1r, Anderson introduced Resolution No. 79 which would
adopt a standard form of storm sewer reimbursement agree-
ment. It was explained that the agreement provides for
reimbursement to the subdivider for construction of
trunk sewer, which benefits the whole area, until the
subdivider is paying his proportionate share. CouncHme,'
Meyerholz questioned the meaning of subdivider and whe'ch"
it is defined in the resolution or agreement, Mr. Flem-
ing said that subdivider is understood to mean developer
of commercial or industrial property as well as reside~'-'
tial. This resolution was tabled to see whether clari-
fication of a "subdivider" was made in other resolutions
and ordinances about to be considered.
2, Resolution No. 82 was carried unanimously adopting a
standard form of "Request for setting of curb, gutter
and sidewalk gradestakes".
3. First reading of O~dinance No. 50 was held, establishinG
a policy in the matter of storm drainage contribution by
developers and subdividers within the City and creating
a special storm drainage fund,
Accompanying this ordinance were Resolutions No, 77,
ebtablishing rate'J foX' "off tract" storm drainage con-
tplÞution by devcolcpers and subdividers within the City,
i.e. ~500 an acre or ~l50 per lot whichever is greater;'
and Resolution No. 78 establishing a policy relative tc
requirements of subdividers in connection with charges
for off tract storm sewer facilities in reimbursemeÙt
agreements. Subdividers are to be credited with the co'
of any temporary off-tract storm drain facilities that
the City may see fit to install and certain unit prices
for such work are established.
-J-
B.
Pos,~illlity of inc'..udJ-ng- Ste1ltr.£...B..oad in City street systelT,
Cou:ac ilman Saich suggested that t;he City an:o.ex Stelling Road
from Homestee,d Road to.' the south edge of tile Wilson property
adjacent to Garden Gate Village so that the freeway will
cross a City street giving Cupertino the right to a Freeway
Agreement. After some discussion the question was turned
over to Mr. Anderson and Mr. Flemi~g.
CupertJno policy for Mav 'l Freeway H~ing
The Mayor said that the City is prepared to make definite
interchange, drainage, and frontage road requests and will
. also plead for the Corte M2.dera Highlands Subdivision.
Street Plan of PlwD ir~_,Ç!¿:Q..::¡::U-ªnj¡,
Mr, Myers presented a st!'ee~ plan wh~.ch he called an interim
plan to be used for one yeG.r', Stevens Creek Road and SFJr9.tofl
Sunnyvale Road are 120' rlßhts cf way. t1ary, Lowe. and Bubè
are joined to make a through rG&d. Wolfe is cut through to
Miller; McClellan is cut through to Bollinger; Prl~1e~idge is
cut through to Mariani, then to Gr221::J.eaf to intersect the
extension of Lowe. There were no Council objections to the
plan.
Citizens Committee nep"'rt....9.J:lJ"'~Q!''-..!'r.ill2~i¡x
Otis For'ge, Chairman of that Committee reported th:3.t a dec-
ision was made to recommend annexation of said property and
urge that the City Engineer be appointed to negotiate with
the prospective buyers of the Larsen property in order to
effect annexation. Resolution No. 81 was thereupon intro-
duced acting upon the recommendations of the Citizer.s Com-
mittee. Moved by Councilman Meyerholzj secònded by Counci¡-
man Saich !J:J.!iþ. Resolution l:!"o. 81 be adopted, carried 5 - 0,
Wicv on R<1creati2!L...Pl.§1.rJ.Q1
Elwood Mitchell, County Superintendent of Recreation, said
thát other cities wish to retain responsibility for recreatio:
in their parts of the Cupertino School District. He said
a motion carried at a recent School Board meeting that the
District endorsed the expansion of the recreation program
either by extension of the Tantau District or by means of a
new program.
The Mayor said there seems to be general favor for recreation
per se but no tangible plan has been forthcoming describing
the methods of finance, acquisition of facilities, etc. He
noted that school facilities are now unused for general
recreation, COIDlcilman Pelosi said it is obvious that recre8
tion is a necessity, if not now,then in five or ten years.
There must be taxes to support this program; there is no
other way, he said. Mrs. Voss stated very emphatically that
the people along the Mt, View-Stevens Creek Road intend to
stay out of any new recreation program.Mr, Mitchell said
that tllere is no intention to include any area which has a
majority objecting to the program, The Mayor said that he
is inclined to watch developments and would like to see a
ta:1gible pJ'ogram outlined by the School District, using if
at all possible the school grounds already existing a:ong
with the facilities there. He mentioned the posSibility of
sec~ring recreation personnel. Mr, Lawson explained that the
School District has no money to spend on recreation. They
are allotted five cents for this purpose. Mr. Mitchell said
that a few acres adjacent to a school is needed. Councilman
Lazaneo said that the City should provide its own recreation
progrAm for the City of Cupertino only rather than annex to
the Ta~tau District or become a part of another program
extending beyond the City limits.
~p.no~t of RORd C0mm180ianpr
J;tmõITm8Xlsä1ëh-š3ia·-tháf-he will check the condition of
.::;laney Avenue during the following week. Mr. Fleming said
,'i, Ï^1j.ll consult Leo Piazza concerning the Stevens Cl'eek Bl'11-,-
JH);"';.l:"
,;,",."G.'?tLR:ç...t~l!Qi',-<tY.1:'£,~Çb1.~t - Nc;>ne
.':·.·:~nc.:tt r): P_:~~:r!1!i.~·ÚP' Co;mn:¡ 2Sj(';'u ChAlrman
- -."" . .--~ -' ....~,._..~.'_.__._'---~--,,-- ._~------_._-------_.-
.~ '~",,¡,,' otreet pattern presented by Mr. Myers has been accep'·
cqd as to general outline. Minor deviations are expectec
;-, Kyne & Cummings request Council endorsement of a realign.·
:J',~.:1i; of Junipero Serra Freeway about 400 feet north, 'rh,:
;Y",r,',ing Commission recommends that maps and sketches bE
'·':·'~I-'.g11t to the attention of Highway officials,
C.
D.
E,
F.
.,
...4...
J.
J. Zon.1nghearing for the Yamaoka property has been set for
Nay 16.
4. The Planning Commission approves the report of the
C.1tizens Co~œittee.
5. Voting requirements for. rezoning have been discussed by
the Planning Commiss.1on,
6, Ellis has been gr2nted a variance for four lots on north
Blaney, with the stipulation that the City will not main-
tain the road,
7. Reorganization of the Planning Commission will be dis-
cussed when the two new members are officially seated,
8, Two new sign matters have been referred to the County.
9. The Wilson recorûmendations are unchangedo I'loved by
Councilman L5 zaneo !h;¡'c \^ÍiJ¿ÇJ~...£.L~nH¡st_Ù2.t'J"£'&'QD1.Pf-: ~.
.f£l:.êll.tê.~.Der reg.91!1,!TIe:r.]j.~t: j.C''D-Q...f_...J?_~~Jlni11g Ccmmi3 S lQP; secoY.:..
ded by Cot,;ncilman Pelosi, cal'ried :5 - o.
llimQrt of ....Qij;Z.AlI!.tD..r->..ti..r.
1. Mr, Fleming said he has been asked for a breakd.own of the
costs in setting curb gr'é;des, with refe!'e.nc,e to tbe
S~:anson property. fJ71)' will be charged to the CHy and
the balance, about ",520 wD.l be p'Üd by S,';anson. Swan-
son will also submit certified bills for his storm pipe
e:r.penses, some of which may be applied to the o::f"site
drainage feeo CouncilrJan [1eyerholz said he js satisfied
as long as he has authority to pay the t.J74 plu~ any
minor bills in connection.
2. With respect to State aid for flood damage Mr, Fleming
said he has asked to report in more detail what damage
was done to Cupertino by tbe floods. Therefore he has
submitteð an itemized list.
3. The latest map of the City including the boundaries of
surroundIng tûwrJs has been plaaed on the wing panel,
R¡mort of. Flann_ine CO"Jsnlt-ª!l1
See above.
~~:is·:ze IlnTleous
I:--ë<,::.mêiTIDãn Lazaneo said he had investigated the complain'
concerning the trailer on the Carpenter property east of
Blaney Avenue. Steps are being takeno
2, A letter from the Citizens Committee for County Progress
requested permission to hang political advertisements
from the stop lights within the Cityo This request and
a resolution endorsing the bond issue were tabled.,
J. Councilman Saich reported that he had visited the Blanch
property and it is not being rented to two families.
4. Cot.<.'Ylcilmen Meyerholz, Nathanson, Dnd Saieh are scheduleè
to confer> with the Highway Department May 14 regarding
the Freeway Agreement for Route 114,
:; 0 Councilr~a!l Meyerholz sa id he would like approval to aud~'
the City bOOKd tbrough the firm of Logan and Frazier,
Moved by Co~ncilman Saichlb~1o~an and Frazier be
~1Jl1:l,lf¡.)l~ò_.té, at~ t the City accounts; seconded by Counc!'.
man P~~osi, carried 5 - o.
6, C~UL~ilman Meyerholz requested authority to clear. the
.. gra,"s from the City by a weed abatement ordin¡;mce.
7, Tb~ ga3 8tation problem was discussed briefly,
K,
L.
ÞDJ0Um¡~GNT - 11:10 P,N.
Re~pectfully submitted, __
(-:'6J-ü 19--<J..f.(. ,~ f.9~
LÂ\JEBi'JCE K. !1AHTIN
Ad~inistrator-Clerk