CC 04-07-58
F. 0 Box 59?
, '50"
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I'IINUTES OF' THE RWULl\R í'IE,-,:TING OJ? THE crr'. COUNCIL APDIL ?, 1958
P12~." :to:";} ":o¡;: ",~q;a-Slmr,,;;'va:i.e Road
'time: 8:00 P.Mo
I
II
TIT
ROLL CALL
Councilmen Present:
Councilmen Absent:
l'leyerholz, Nathanson, Paizis, Saich, Hilson
None
THE JVIINUTES OF 'fEE PE"VIOUS MEETING OF
the following corrections were noted:
"Paizis" to "~Ieyerholz". Item III-A-,6
MARCH 17, 1958 were read;
Item III-A-5 change
change "4 - 0" to "5 - 0",
fETITIONS AND COi'IMUNICA'l'IONS
A. 1/Jritten
1. California Highway Commission: Public hearing set for
May 7, 1958 starting at 10:00 A,M, in the auditoriLm of
Fremont Hlgh School, Recommendations can be made with
respect to the various locations of Junlpero Serra Free-
way on which studies have been made.
2. Division of Highways: Preliminary studies indicate it
will be possible to keep the grade line of the Stevens
Creek Freeway depressed below ground from Stevens Creek
Road northerly so that a future railroad overpass can be
constructed approximately 1/4 mile north of Stevens
Creek Road at some future date.
3. County Controller: Unsecured taxes collected for the
City of Cupertino 2-28-58: ~47.4l.
4. State Board of Equalization: First quarter distribution
of Sales Tax to C1wertino: 1957-:, 43J8; 1958-$10763,
5. State Board of Equalization: Statement of local tax
distribution for the p0riod January 7, 1958 to February
7, 1958 - ·88)1.40,
6. State Controller: Advance payment of 75% of vehicle
license fees during the six months period ending May )1,
1958 - Cupertino.,6397.
7. State Controller: Estlmate of apportionment of vehicle
license fee revenues for the 1958-59 fiscal year
Cupertino ~9JOO,
8. Santa Clara County Bar Association: Request to declare
May 1, 1958 8S Law Day U.S.~, It was so proclaimed by
the City Council.
B . .9_l1'i1
1. Charles Baer presented a petition with approximately 151
names reauesting that the City Council adopt an emergency
ordinance limiting the gas stations within the City
limits to one for every ),000 people, Mr. Leonard,
Chairman of the Planning Commission, reviewed the Ledato
application for gas station approval at the NE corner of
Stevens Crepk Road and Highway 9. He stated that the
property has C-I-H zoning Dnd that the application is in
the nature of an j,nquiry on the subject of Ii control,
They are asking for the projected road widths on Highway
9 and Stevens Cree!c Road. The Planning Commission thus
far has stressed a willingness to recommend a use permit
dependent on the exchange of the proper letters. Ledato
has stated that there will be no grease rack nor miscel-
laneous business such as rake, hose, beach ball sales,
etc. Hr. Anderson, City Attorney, said he would researcl:
the questi,on to see if the courts have upheld economic
control of the type requested by the Baer petition, Hr.
Meyerholz advised that the decision be held until this
stud~' 1.s made. If the legal phase is such that this sor',
of power is beyond the scope of planning commissions, it
would seem tha.t the a.pplicAtion cannot be denied,
2. Chief of Police Nathanson asked the attorney for the
status of the Bianchi matter, then advised that a search
~,¡arrant be sworn out for the dwelling in question.
3. Councilman Nathanson reported that November 1, 1959 is
the new deadline for the burning of agricultural brush,
V UNFINISHED BUSINESS
A. OrG inances ,~ Hesol.1~_~¿L'211§......f.91:_j~do~:¿tj-_º-n
1. Purchas i11g Proc"e,ur'E d
Mr. !\ndersCil'J said he v:ould advise adoption of a meth0d
and prOC8<1t.~r'Eo for pi.1c'chas:\'pg inasmuch as the state law
require", ti1at cHles enac::, such an urdinance, After
hear'.ng the proposed ord inance, the Clty Council eecid,,,C
to give it further cOl1sidel'ation in lig'ht of the admin-
istrative procedures involved and the sparse amount of
purchasing required,
B. Miscel19neous
With reí~rënõe to recreation, Councilman Paizis queried the
Council cn their reaction to the report distributed at the
last meeting. Councilman Nathanson said that he felt the
CHy should take the same pcsition as the County and the
School Boerd and watch the developments before committing
the City to a tangible program. Councilman Paizis agreed
that it is best to wait in view of the suit by Rancho
Rlnconada Homeowners Association against Stern & Price, Mr"
Paizis seid that the City could annex to the Tantau District
or ta¿:e part in the forrne.tion of a ,new district, or adopt a
recreation program for the City of Cupertino only. These
were simply alternatives available. Councilman Nathanson
broached the possibility of using school facilities. Counc;
IDan FaizIs said he ¡'JOtlld report to the Cupertino Citizens
Committee for Recreation that the City Council is sympathe-
tic to recreation but no action can be taken until a firmer
policy is established.
Councilman Wilson favored more encour~gement to the
recree.tion ide8 and the Tantau district in order to keep the
door open to anne;:ation. !1ayor !1eJ'erholz said the.t the
school facilities lay idle during the summer. The City
might defray the cost of attending or maintaining the ground
VI NE\; BU3 INESS
A. ht.tor~pv's Rp.roz~
J~r. Anderson read the insurance coverage of Los Altos Gar-
bage Company and declared the policies in order, asking t~e
mInutes to so show, Mr. Anderson also reed a letter to the
Central Fire District of Santa Clara County requesting that
the City of Cupertino be included in that Fire Prevention
Dt2t!"'iot in accordance with Section ).4401 of the Governm"nt
Code, 'l'his is in the nature of a formality. The Council
au:horized the attorney to send the letter.
B, !l"2Ç£.L9Lli.QB SL!'&iJ1.PlLê s j on e r
Cou¡;ci.lman Saich sõated that in the e.bsence of drainage wor ;
on the Regnart Gulch the City should make plans to put more
inlets in the Stevens Creek Storm drain,
Nr. Leonard said he has p;.ctures to show that the pipe-
lines are nQwhere near full. He estimated one to be flowint
e.t 35% of capacity, the other at 50%. He attributed this t~
an h1sufficient numbe¡' of in~ets plus the fact that they arE-
placed on high spcts j,nstead of low [round. Thls accounts
for the fact that the water pours across Stevens Creek Roe.a
rather the.n into the drain. Jack Fleming stated that the
Coanty Flood Cencrcl Office has :no fu.'1ds to improve Regnal·t
Gulch, He added, with respect to the County, that the
Stcv'~n8 Greet dr-ain pipe now belongs to the City. He also
agr8ed ·t;Ò1at more inlets are necessary,
IV HEl,RING: CTJf1:êHTHJO ANJI'EX\'rrON 1958-J. Located northeast, corne)
Stevens Creek Boulevard and Portal Avenue.
There \,;(;1'e ,'':1 p~0~es1;s ar:.d the hearing was closed at 9:00
p.t!, Ph'st re9.ding oÎ Ordi.nance No. 46 followed theree.fter.
This is an ordinance approving a=e:ration of certain contiguous
uninhabited territory, des ignated "Ca!Jc:'t ino 1958-3" to tloc
City of Cupertino in accordance with the provisions of Section
35300 et. seq. of the Government Code of the State of Califor111~,
~
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The r1ayor s:,¡:'.c1 tha t the City should talce steps to pro-
tect Blaney Avenue from the storm waters running across it
both from wi thin and wHhout the City. He said there is
need of a pipe extending to Stevens Creel, Road. Councilmar
Saich said that the additional inlets must be constructed
before next winter's rains. Councilman Nathanson suggesteJ
that the City Engineer prepare a plan which would among
other things relieve accumulation of water at Blaney and
Stevens Creek Blvd. Moved by Councilman Saich that the
Citv Eng!neer prepare a si~le plan to increase the inlet
capacity for Stevens_~ªk pipeline; seconded by Councilman
Nathanson, carried 5 - o. r·1r. Fleming said that the estab··
lishment of curb grades would simplify the problem.
C, Report of Police a,nd Fire Chief - None
D. Report of ~~pin~ Co~mL~~o~hairman
1, A petition has been presented by many residents of
Town and Country Subdivision requesting rezoning of the
lands across from Rodrigues and Western Drive, Also Œ"
file are three individual petitions opposing this
request.
2, Charles Boyd, President of the Santa Clara County Farm
Bureau, addressed the Planning Commission and referred
to area problems, including friction between farmers
and homeowners.
J, The rezoning hearings have prevented any further dis-
cussion of the Chow matter.
4. The City Engineer has written a letter to Weaver and
Yee outlining requirements for. their subdivision. No
reply has been received as yet,
5. Many protests to the batch plant applicatIon have been
received. The first hearing has been held.
6. The first hearing on the Wilson rezoning has been held,
7. A standard detail sheet has been presented by the City
Engineer for adoption by the City.
With regard to the hothouse question along Rodrigues
Avenue, the Council requested of the Planning Commissio
through Mr. Leonard that they continue the hearings and
bring the matter to a conclusion,
E. Report of City Envlnecr
\'lith reference to the standard detail sheet, ¡'¡r, Fleming
read a resolution adopting sarne. I10yed by Councilman Saich
that this resolution. No. 74. be adopted; seconded by
Councilman Paizis, carried 5 - O.
F, Report of City Treasu!:iU:
April I, 1958
Balance in First National Bank Dec. 31, 1957 ,.18,088.61
Deposited Jan. 1, 1958 to March 31, 1958 2S.682.71
Total cash plus deposits 4J,771,32
\'Iarrants cashed Jan. 1, 1958 to March 31, 1958
Balance as of ¡fJqrch 31, 1958
Uncashed warrants
Treasurer's Balance
15,)28.69
28,442.63
44,.00
28,438,63
Income
Planning Commission
Licenses
Fines
Sales Tax
Property tax
'I'railer tex
Hiscellaneous
Paul Swanson - Drainage Fund
Interest on Time Deposit
'33.5..60
4684.16
1951.96
10795.75
'*304.92
124.65
5.00
1000.00
230.96
2J,4JJ.OO
27,369,J7
1,156.68
è1p;.09S...QQ
.¡¡4o,62l,05
Balance First National Bank
Undeposited receipts
Time De;:Jcsit
Caßh on hand March 31, 1958
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G. Misaellane(m~
Councilman Nathanson asked the status of the sign ordinanct:
which is in the hands of Mr. Myers. Mr, Nathanson referreG
to a large new sign that has appeared along Highway 9, Th0
Mayor said that a building permit was usually required for
a structure over seven., feet and this can be enforced throu[.
the building ordinance,
VII ADJOUSNMENT - 10:35 P.M.
Re~pectfully submitted,
{1,f .11,. 't.uq~~ ~((t :¡;~.~
LIHJRENCE K, MFiTIN
City AdmInistrator-Clerk