CC 05-21-58
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MINtJTES OB' THE BEGUL/\R W:;:::TING OF THE CITY COUNCIL APRIL 21,
1958
:i?lace:
Time:
100Jl ~araGoga-Sunnyvale Hoad
8:00 P,I'J,
I
ROLL CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Neyerholz, Nathanson, Pelosi, Saicr
None
II THE MINU'TES OF 'l'HE PREVIOUS MEETING OF APRIL 7, 1958 were read
and approved.
III PETITIONS AND. COMI'IUNICATIONS
A. .!:i:ri t tell
1. State Board of Equalization: Local tax distribution to
City of Cupertino far the periOd Feb, 8, 1958 to March
5, 1958 - :; 997.92
2. County Controller: 'Tl'ailer License Apportionment 4-J-58
;5.14,
3. County Controller: Fines collected during the month of
March i 1117,04,
4. Cy Ash, Attorney for Cupertino Cab Cö!llPan1: ,
Request for exclusive taxi franchise within the City
Limits in exchange for 1% of the gross revenue. A short
discussion followed concerning the Possible length of
suoh a franchise, precedent and pract ices of other ci tie",
The matter W8S referred to counsel for study with
instructions to report back,
5. City of Los Altos: Copy of letter to Cupertino Planning
Commission objecting to the Aronsen application for
rezoning to M-2-H, Moved by Councilman Meyerholz,
seconded by Councilman Lazaneo that the letter be .
referred to the Planninr Commission, carried 5 _ 0,
6, Pe~Ce Officers' Association: Proclamation of Burglary
Prevention Week, also news releases related to same,
The Mayor issued the proclamation,
7. Cancer Society: Announcement of Soliciting groups,
8. Division of Highways: Announcement of public hearing,
May 7 at Fremont High SChool, plus a map display AprE
21 and 22 in Los Altos.
9, Nstional OU8rd Commission: Invitation to Mayor for a
dinner at Lou's Village in S~n Jose, May 10,
10. California Legisleture: Extension of debt limitation on
local governments. Tne Council asked for details of
ACA No. 46.
IV U~WINISHED BUSINESS
A. Ql'di2¡aYJq,es I'< Resolutions for Adontion
1. Purchasing Procedures. Mr. Andersop described the
ordinance discussed at the previous meeting as a proce-
dural ordinance for making purchases, He suggested that
the City Clerk-Administrator study the ordinance for its
suitability to the City's needs. The two new Councilme~
also requested time to examine it. Mr. Anderson said
that such an ordinance has been made mandatory by the
statutes of 1957.
2. Ordinance No. 46 - Portal Avenue Annexation
Noved by Councilman Saich, Seconded by Councilman Meyer,"
holz that the Second reading be waived by unanimous
ag~eement. Motion withdrawn Since Councilman Pelosi and
Lazaneo had not been present at the first reading, Th~
Ordinance was read and passed 5 - 0 on a motion by
Councilman Saieh; seconded by Councilman l~e~b~lz,
3 - Hesolution concernilJg Foothill Junior COllege Bond Ele"..
tJ.0n, per request of Gene Ravizza, local chairman. 1';:r"
Rav!.zza explained that this District is presently p,'yinò
$:;;:),) j-early to other districts for each student that
G,ttenGS anot'1er j'J11ior cOllel'e, The number is now bet-
~Teen 900 and 1000 apd l}OOO students are expected by 1969
in the Foothill J.C, He requested Council endorsement
and said taxes will not increase. Councilman Meyerhol7.
sai<'l tite Jun ior College District has proceeded with>:):¡t
reg::o:rd for the study which indicated that the J, Co Sh'Y'>'
1)e centered in San Jose. The COL1Dcil as a whole saJ.d it
wished to know the proposed tax rates, site locatio~,
eto. and requested that Ravizza present more facts dO'
7;30 P.M., n&y 5~
, "~-.
B. ~raL~ Signal for HomesteAd Road
Cow1cilman Meyerholz said that he is in accord with spendiùg
the necessary money but requested the City Engineer to deter,
mine whether the construction allocation of the gas tax fund
can be applied to this expenditure and also whether the moto,
vehicle fund known as an in lieu tax can be used to buy a
traffic signal at this location in the event that the gas
tax money is not available for this purpose, Councilman
Pelosi said he would need more information before he would
give approval of thisexpendi ture, Councilman Meyerholz saiò.
that one death and seventeen accidents have occurred at the
corner in the past two years, as sho\'<"Il by the reoords of the
State Division of Highways,. Moved by Councilman l'Ieyerholz
~at tþe State H~~hw8v DePArtment be informed that the City
~ réceptiv~ tq the State plan for splitting the c9st of the
~rafft~ s12~al at Homestead R9ad and Highway 9 as stated in
the Hi&'.hWf'JY letter of ¡':arch ii; seconded by Councilman Saich,
carried 5 -. o.
C. Miscellaneous
Mr. Anderson reported that the Bianchi matter has been
referred to the Sheriff but there are functional problems
connected with the search warrant on private property and it
appears that such warrants have rarely been used in this
county, usually in places where gambling is suspected. The
practice of the County is pertinent in this case because the
Sheriff's Department is the law enforcement agency in Cuper-
tino. Councilman Meyerholz called for action in view of a
direct violation of the City zoning ordinance, Mr, Anderson
noted that the City is operating under an emergency ordinanû'
and the contemplated ordinance now under study could help in
such matters.
In conclusion, the !1ayor appointed Councilman Saich, the
Ci ty Attorney, and himself to approach Bianchi in the hope ot'
an amicable settlement.
V NE\¡j BUSINESS
A, Attornev's Report
1, Precedent for City action in limiting number of gas sta-
tions on population basis,
Mr, Anderson said he consiàered the petition bøna f1d~
and that he had information on decisions rendered in
similar cases, Policy determination however is the pro-
vince of the City Council, for them only to decide, afte~
estimating what a judicial decision in such an instance
might be. There is some precedent, he said, for exclusic
if not unreasonable. One California decision to which he
had reference did rule that prohibiting gas st'.Jtions was
invalid. The U.S, Supreme Court has ruled that pro-
hibiting the exercise of certain legitimate functions
within the city limits is not in itself valid; however,
Mr. Anderson said that a temporary interim ordinance
could prohibit certain uses on the grounds that a confJ.~,'·
would arise with an anticip~ted zoning ordinance. Gen-
erally speakinr, he said, the court alone can rule wheth€
a prohibition is in order and whether the good accruing
to the public exceeds the damage done to an individual if,
a particular case. He said it is within the power of thi
City Council to limit or prohibit although the present
petition would not stand up as to content.
There are other methods such as the exercise of the
H factor to limit the number of gas stJtions, Councllma.,'
Lazaneo said that good planning is the important questio"'
He asked for methods by which gas st8tions could be fol''3'
stalled. Mayor Nathanson said that the Council has no
(¡cfinite report from the Planning Commission yet; conge..
éj~ently, there is nothing to act on but recogl1i tion c-f
the petition. Charlie Baer said thel'e is general belief
n]a~J there should be a master plan. I'lr, 'Anderson salè.
that :.t is not a function of a zoning ordinance to pro-
hlblt any legitimate use in the City. He advised the
Council to pose a question to i'll', ~lyers over whether ell':,
anca of service stations be continued until the master
plan is ready. Councilman Meyerholz noted that the City
.',
J
nigh:; be 1n 'i;h¿ posi'Gj.on of usi:lg a general laN fe;r' a
speciflc <:25e" The Nayor '~abled the matter for refer~81
to Mr. Myers th!"ough the Flanning Commission and back tç
the City Council.
2. Fubl~cation of Hearing Notice involving petitions pre-
sented to Planning Commission or City Council.
Mr. Anderson reported that a form of such an ordinance is
prepared and first reQdlng could be held. The Mayor re-
ferred the ordinance to the Planning Commission for repor
B. ApDointment of Buildinv. Health. & Ai~ Po:lution Comm1sBion~,
Councilman Lazaneo was named to this office.
C" Aopo:L1l.tment of Recr",at ion. Commlss loner
Councilman Pelosi was uamsd.
;~ (' E§~~o..;t.:LQ,f RC'8 'LComm1 s s i ~~~r
Cou11cllma:¡ 3aich suggested that the City await the County
Engineers report on flood control. Additional work can be
done on Miller Avenue at the present time.
E. :?-.eport of Pqllce-ª!l'L!ü.!:e Chje/' - None
F, g1eport of Planning ';"L~:u1..Q.:ç....sr¡g1..J;:.!!§p .
1, Mr. Leonal'd repol'ted that the Wilson hearings have been
held; he read the Wilson letter to the Planning Commis-
sion responding to their requirements including the factë
that finanoial arrangements for sanitary sewers satis-
factory to the d,istrtct have beèn made as well as ease··
ment provisions f0r further develoPlIlent of the system.,
The letter also af-reed to deed up to 15 feet on Stevens
Creek Blvd, and up to 30 feet on the Saratoga-Sul~yvale
Road and to contribute to the storm drainage fund the
sum of w500 per acre for the seven acres to be developed
in the immediate future. Mr, Leonard said that the Plan-
ning Commission is disposed to recommend unanimously that
the rezoning be granted. In response to a question he
said that the 0500 per acre feet is understood to handle
the off-site drainage, The on-tract drainage is an indi-
vidual expense to the developer. Councilman Lazaneo sai~
the matter should be tabled until the joint meeting of
tha Council and Planning Commission, Councilman MeyerhoJ
asked fOr more explicit explanation as to the dispositio:.,
of the money already collected for the storm drain fund
~nd contemplated in the future. After some discussion,
the Mayor instructed the City Attorney to prepare an
ordinance describing the aspects of this storm drain fun~
20 Bstch plant. A decision has been deferred by the Plan-
nlng Commission until Nay 16 to allow the applicant time
to study another site,
3. Weaver has not replied to the letter of the City Engine,
specifying oertain engineerin~ details of his subdivisio'
Lf. 'The hothouse matter has been referred to I1r. ~jyers to
handle with general language rather than by specific
reference to a particular instance,
G. ~eport of City Enginee~
¡'Ir. Fleming reported that the C911fornia Office of Civil
Icfense and Disaster asked for a damage report from the Ci tj'
"f Cupertino with the possibility of State aid. Mr, FlemiY\[_
s¡.! d he is compiling figures and has made an estimat.e of
,3.5,000,
¡-;, rii.§oellanQ.Q.1!&
l" The Mayor said h8 has been considering the advisability
of increasing the Planning Commission to seven members
with five affirmative votes necessary to recom~end re-
zoning, He reappointed Cali and Bell to the Planning
Commission for four year terms commencing 4-1-58, makh1ð
a five man Commission, The Council approved the expansj¡
of the Planning Commission to seven,
"_,. In order to maintain continuous action in annexation an"
'ycher affairs, the :Iayor proposed the formstion of a
:::'l!'èertir.o Citizens Ccnmn1t'i;ee to be composed of Ot is F'üï'~
Jaek Fleming, Warner W'.ison, Don Bandley, Bill Norton,
G6nF Havizza, John Rodx'igues, and Joe Adamo.
i·~DJ0í.y&,_':î'1:;~NT 11: 00 p. M.
1R~~. pec.tfullY submitted, .
tk.:~ ~(L~"
awrence K. Martin .,.---
Administratòr-Clerk