CC 02-17-58
p. O. Box 597
!ü 2-450ë
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
¡VjINUTC:S OF' THE R' GUL\R HLE'rU!G OF THE CITY COUNCIL FE:PRUŒY 17,
1958
Time:
Pl~ce:
8:00 P,M.
City Ofnce, 10031 SaratogA-Sunnyvs.le Eoad
I ROLL CALL
Councilmen Present: ~leyerholz, Paizis, Seich, Wilson
Councilmen Absent: Nath8nson
II 'rHE rm:DTES OF THE PWVIOUS MELTING OF FEBRUARY 3, 1958 were readj
the following corrections were noted: Item II should read
"Adjourned R2['ular Meeting of the City Council January 20". Item
IV-A-i, add "along' the northerly boundary of the property".
IV-B-Second paragraph-First sentence add "showing a percentage
pro and con". Next sentence, after ~aint8.in" insert "the streets·
II PETITIONS AND COHIUNIC,'I'IONS
A. \~ritten
1. County Bou~dary Commission: 1958-1 to the City of Camp-
bell, Moorps.rk No, J.2A to the City of S9n Jose.
2. County Controller: City share of fines during the month
of January total J748.73.
3. Cupertino Sanitary District: Copy of letter to Howard
Mitome n3ming storm drain deposit for his lot,
4. Peter 'formey: Insurance policy for Los Altos Garbage
Company - one of four supplanting previous single policy.
5, Cupertino S9nit8ry District: Copy of letter to Paul
SW,,1TISOn naming ~,lOOO as the necess"ry storm dr'1inage
deposit,
6. Division of Ht[hways: Encroachment permit issued to Cr.
Dante Salera to construct one 20 foot driveway for access
to his property located on west side of Highway 9 9t
St~tion 230 plus 00 plus or minus.
7. Air Pollution Control District: Information available on
refuse disposal and sanitary landfill, also portable
chippers relative to reductng slash fire hazard.
The Mayor sUêgested that more be learned about the
activities of the fUr <'ollution Boerd. Prohibiting burn-
ing of orchard wood may cOûflict with a state law
requiring pear blight refuse to be burned.
B. Peter Tormey: Four insurance policies will cover the
operations of Los Altos Garbage rather than the single
policy formerly in effect.
9. State Board of EquDlization: Acknowledges receipt of
Ordinance No. 38 and states that the 1958 Bo~,rd Boll will
reflect this annexation.
10. Pacific Telephone and Telegraph: Request for approval of
plan to bury cable along south side of Lucille Avenue.
This is outside the jurisdiction of the City.
11. Senate Interim Committee on Secondhand Dealers and Auc-
tioneers: Created to study and analyze all facts relating
to s~me. Referred to Mr. Nathanson.
12. California Disaster Office: The City of Cupertino Civil
Defense and Disaster Council was duly certified as
accredited by the California State Disaster Council on
JanLmry 27, 1958.
B. Oral
Jack Fleming, the City Eng ineer, presented a problem concernir
the Swanson matter. He pictured a typical cross section of
Vista Drive and explained that stand~rd procedure places the
top of the curb on a grade level with the crown of the road.
However all of Swanson's property drains to Stevens Creek
Boad, The curb can be dropped to fit his elevattonj then the
curb will be lower than the crown of the road, If the usual
p:,oGedure is to be followed, Swanson must apply fill of six
to eight inches. The Mayor said that the conventional method
of equEIJiztng the curb top and the crown of the rO,9d should
be used, It should be Bfreed to apply this standard to any
road in the City. Moved by Councilman Saich that the Citv
Lnl"ineer 'he instructed to _.§!lI2P.lY_~ curb pr'Jdes at the Swan-
~onoropertv on StevensSreeK hoad and Vist8 Drive; seconded
by Councilman Wilson, carried 4 - o.
-·2···
A discussion arose concerning storm drainage at and near
the Swanson property on Stevens Creek Road. It was agreed
that a dreJ.n across Stevens Creek Hoad is needed at Flandy
Lane. 'l'he Mayor declared J.t should be i::'!stalled by the City
!'II'. Flem:·t.n,. said th8.t v¡"acever Swanson pays can be credited
to the 500 an acre requirement. The Hayor said thet since
all the neié'hboring nroF2rty owrers will benefit from this
storm drainage that they should contribute instead of using
Swanson's money to pay for the drain. He said further that
the City should pay the cost where the rest of the City enjoy
the benefits especially since there is $4000 in the budget
appropriated for storm drainage, Swanson, he said, should
stand only a proportionate amount,
With refe~ence to requirements of other cities Mr,
Fleming said th9t they sometimes set their charges too low
to handle the eventual costs incurred by development. Counci:
man 1¡iilson thought thet the chcerges are necessary and that
add1tioniJl provision must be made for storm draJ,nage since
the line along Stevens Creek Road drains en area not much in
excess of 1/4 mile wide.
1·11'. Anderson said t~18t such money is usually r8ised by
contribut ion of the subdividers; the practice is to cover off-
site storm drainage, COErges are made against types of
development by lot size and the City Council can ~vail itself
of this fund BS it sees fit. He regarded the 'Y\9tter AS
largely an accounting or bookkeeping transaction and whether
a p~rticular amount of money is used for a purpose directly
connected with the prope~ty of the person making the payment
or whether it is used somewhere else is immaterial when
viewing the money as a fund established by uniform payments.
The Mayor said he would entertain a motion to construct a
drain pipe across Stevens Creek Road. Councilman Wilson
asked the status of the ~lOOO charge for storm dreinage
against the Swanson property. He proposed a joint meeting
of tJo.e S<'nit~ry Board and the City Council to determJ.ne stor:n
d~03 1.r..'3.£'8 a l'rangement s for the Ci ty . 111'. Anderson, also
attürr,ey for the Sanitary District, said that board takes no
action OY, storm sewer matters and merely considers reasonable
the sum of ;,500 per acre. Moved by Councilman \Hlsol1 that
th~..Ç;ij:,y Couneil meet with the Sanita::,y Board to establHtt
stol~!JLi':J:aJ.nafre policy and zones; seconded by Counc ilman Saich,
carried 4 - O. The next meeting of the Sanitf;ry Board is
scheduled for March 5.
Moved by Councilman Sa ich th') t the CIty enPi.r.,ftt;'J.:_Ll.Ef1::,Q'..:ii
.£r:CÜn from Rcll1dy Lane to tl1.e south s isle of SteVe1l£.._Ç.r.êllli..I~'22.£
þy pr2p.8ring plans. S¡;:wcj./ications, and notice; seconded by
Councilm8n Paizis, carried If - O.
IV U~~INISHED BUSINESS
A. ~nances and Resolutions for \doption
1. Hesolution setting hearing for Annexation 1958-J
Upon he'3ring the Resolution, Councilman faizis moved
§JC!.Q.Ption; seconded by CouncilmAn Saich, carried 4 - 0,
making Resolution No. 71 effective.
2. §w~nson rezoniu¡r
Moved by Councilman Paizis that the second readinfr~
.9.1'dinflTIce No" 4S be waived.bY unanimous consent; seconded
1JY Counctlman I¡Iilson, carried 4 - O. Moved by Councilman
":Uson th8t OrdJl1arJCe No, 4') be adopted; seconded by
Councilman Saich, ceYTied 4 - O.
B. CqJ1fJjde.rat ion Q[ SUPDlyj.ng Engineer.iJ1g,...for Curbs in Felton
g;; r'k~,
Coun:Jtlman S?ich said the City should find the crown of the
road in terms of elevatIon, set the curb grades and determine
the intention of the people in the sub~ivision. Jack Fleming
said an expenditure of i3000 to '4000 could be made for the
plans but he expected that the Cour:.cil wOl'.ld authorize far
less than this. Ee e:~plaj~leJ. that an assessment district
would require gr9des on every piece of pavement. Comparison
should be made as to type of improvement. Plant mix pavemcnt
would be better than other types that could be used. He
reported that Nelson the contractor has estimated a price at
(,5.00 a front foot. Mr. Fleming estimated that work done
according to assessment distr'ict proceedings would be ",7.35
a front foot for a first class job uSing one and one-half
inch AC. The Mayor speculated that the matter is a promo-
V NE1.'] BD.:; It-JESS
iI. Atto£g8V'S Repor~
1. M~, A~derson reported no cooperation from Bianchi on the
"duplex" apartment matter. He expects results by next
meeting.
2. With regard to enforcing installation of sidewalks, an
ordinance r8quiring construction, reconstruction, and
repair of sidewalks is legal he said, in addition to othe,
methods of producing walks. One such ordinance requires
a 4/5 vote of the City Council to compell construction of
sidewallcs, with the provision that the City will build
and apply a lien against the property in the absence of
pction by the owner. Usually, he said, the ordinance is
exercised in repair matters.
B. Report of Road Commissioner
1. I1r, S~ich said the roads are being surveyed for holes.
2. Mashburn has received the order for the pipe at 6.60 a
length.
C. Repo~t of Police and Fi?:'e Chief.
Mr. Meyerholz reported that drivers were beginning to observe
the parking regulations on Cali Avenue.
D. Eeport of Planning Commission Chairman
~ìfecommendat1õn that a use :permit be granted to Cupertino
IOOF Lodge
Boved by CO\illcllman Saich; seconded by Cotmcilman Paizis
that a use permit be gra~ted, carried 4 - O.
2. Request that the City Engineer be assigned the immediate
task of locating or establishing center lines for StevenE
Creek Hoad, Highway 9 and Homestead Road in the vicinity
9f north Highway 9,
3. The Commission by a 5 - 0 vote expressed a willingness to
recommend rezoning of seven acres at the southwest Corner
of Miller and Stevens Creek Road, for Weaver and Yee, in
line with an exchange of letters covering various require-
ments and condJ.ti0ns, The rec.ommendation will come at a
later meeting when the supporting letters are in order,
Lf. The Commission asks for instructions in the arrangements
between the City and the S8nitary District.
5. The Eet¡,el Lutheran Church has filed an application to
operate on a three acre parcel, west side of Miller Avenu~
about 600 feet south of Stevens Creek Road. Matter set
for hearing on 2-21-58.
tional scheme and one for the people involved to judge.
Councilman ~'iilson st:<g"estcd th'1t the City not volunteer 'lny
inform3tion and avoid becoming i"plicated,
C. Miscellaneous
1. The hayor reported on the status of the signal question
at the interseot J on of Homestead B08d with Highway 9,
Hayler has proposed th?t the State assist the City and
County. The City share would be 6JOO the County 2100,
the balance of +17400 to be paid by the State. In addit-
ion he proposes a four lane intersection and wants the
City to p3rticipete in securing the right of wqy for looe
feet on both sides of the intersection. It is not certal
whether this 8pplies to both Homestead Road and Highway S
The St~te is unwilling to foot the entire bill.
Councilman Wilson proposed a less elaborate signal
that would still serve the purpose and not cost ~: 26,000.
The Mayor said that he sug2ested the same thing but the
State has a policy requiring certAin standards in tlœir
installations, The Mayor suggested that the City write
to B. W. Beoker attention R. A. Hayler to the effect that
the City of Cupert ino is in accord wlth the St'"te but the
City is not in any position to make the expenditure sug-
gested, at thIs ti'Ge. The City requests that the Divisior
of Highways look at some simpler method whereby a sIgnal
could be installed and traffic controlled élt the Home-
stead Road intersection.
2. The Mayor announced a meeting between City officials and
the Division of Highways relative to the Junipero Serra
Freeway. The meeting is public, called to learn the
wishes of the people with regard to the alternate routes.
He requested that phone calls be made and an additional
notice posted in the Garden Gate store.
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Respectfully submitted,
··1 _ I ,,'-"
f ,i).I! ,,'W,.U' '- f.. \tCt ,\L.u,
LA1¡JREHCE K, Ì'l.7l'IN
City Administrstor-Clerk
VI ADJOURNMENT - 10:45 P,M,
6. Monta Vista Water H01'ks has filed an applicat ion for a
use permit to çlperate a weIl on a lot to be created from
¡11', WHson I s pr'0perty, about JOO fee t south of Homestead
rmd about 900 feet west of Highway 9, A hearing will no
doubt be set at the next meeting of the Planning Commis-
sion,
7. Eugene "Scrapiron" Young is seeking permission to build a
football field and living quarters for housing and trainir.
professional football teams, His letter explains the pro-
ject and will go to the Cçrr~ission at its next meeting.
The applicant pleads the time factor and would appreciate
the first reaction of the City Council.
In connection with item number seven the Mayor said
that the use permit could contain a stipulation that the
property not be used for any purpose other than training
of professional football teams. This was in answer to
an objection that unforesecen uses might develcp. Hoved
by Councilman Hilson !l!fJ.t the Pla:mi;1g Commission report
b~__~cèPted-f~D2-21?lLed-2ll-fj~~; seconded by Counoilman
Saich, oarrieC 4 - 0,
E, Rep0rt of Ci ty EnFineer
Mr. Fleming reported th8t Nelson has requested a meeting to
be held with the Felton Park residents. Tì1e meeting has been
scheduled for Wednesday February 19 in Lincoln School. The
CIty Council decided to adopt a hands-off policy at least
until the residents settle the question amongst themselves.
'1'he question of furnishing grades and inspection will be
settled when and if Nelson I"ets the contract. The City
Þ,dministr,3tor-Clerk was directed to attend the meeting and
report the result,
F. AT.,pointment.2f Pr~.2J.Y'ct Election Officers
¡'loved by Councilman "aich; seconded by Councilman Paizis,
carrieð 4 - 0, tf1ê..L.tbLfo~l,ºJ::!Jnf" n8m~d persons. be 8.ppotnted
8.ê...fl.e.,f!;_ion off leers for thf comi·np" election: _, ?earl ReYTIold s,
l4açill.e Beclcet..... ¡{¡aroy ¡'TIn ~~ris Adamo.
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