CC 08-19-57
p. O. Box 59?
C I T Y ° Feu PER TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AUGUST 19, 195
Al 2-4505
Place:
Time:
Cupertino School, Teachers Lounge
8:00 P.M.
Press Present: Mrs. Clark, Sunnyvale Standard
Mrs. Kerr, Cupertino Courier
I
ROLL CALL
Councilmen Present:
Councilmen Absent:
Meyerholz, Nathanson, Saich, Wilson
PaiZis
II
THE MINUTES OF THE PREVIOUS MEETING OF
the following corrections were noted:
to "standards". Item V-B change "six"
AUGUST 5, 1957 were read;
Item IV-C-l chaige "stand"
to "seven".
III PETITIONS AND COMMUNICATIONS
A, Written
1. Division of Highways: Senate Concurrent Resolution No.
26 rèquesting the Department of Public ¡'¡orks to under-
take a study to provide a basis for an Over-all plan of
freeways and expressways.... A number of the counties
have entered into agreements with the State in the
hiring of consulting engineering firms to develop an
over-all transportation plan,
2, County of Santa Clara: Agreement by and between the
County and City of Cupertino with respect to highway and
traffic circulation survey by De Leuw, Cather and Company,
Moved by Councilman Nathanson that the Mayor be empowered:
to sign the contr~ct between the Citv and the County for
the comprehensive traffic studv; seconded by Councilman
Saich, carried 4 - o.
). Department of Public Works: Acknowledging receipt of
Highway Needs Report.
4. P, G, & E, Model Tree Ordinance: The Mayor referred the
ordinance to the City Attorney for recommendation.
5, County Controller, John 1'1, Francisco: Assessed valuation'
for 1957-58 fiscal year. Grand tot91 '),747,)60,00.
6. Pacific Telephone and Telegraph: Application filed With
the Public Utilities Commission to increase certain intra-
state rates and charges within the State of California.
7. Saratino Business and Professional Women: Requesting
proclamation of National Business Women's Week. The
Mayor so proclamed.
8. State Board of Equalization: Statement of local tax
distribution for the period June 5 to July 5. Cupertino
share $1022,10
9. County Engineer: Change of law concerning record of
survey ma.ps. The 11ayor requested that the County be
notified that Cupertino is not interested in receiving
these maps at the present time and will advise the
County when it wants them,
10. Givision of Highways; EXecuted copy of the agreement for
maintenance of State Highways in the City of Cupertino.
ll. County Boundary Commission: San Jose Annexation, Madera
No, 6,
12. County Executive: Minutes of Highway and Traffic Circu-
lation Survey. Committee meeting held at County Execu_
tive Office, San Jose, July )1, 1957,
13. County Controller: Traffic fines for July. City share
~l079,)O.
14. California Correctional Industries: Price schedule,
street name Signs.
IV UNFINISHED BUSINESS
A. Ordinances~g Resolutions for AdoPt~on
1. ~Ioved by Councilman Saich .iQl't a full reacl1æ. of Ordin-:,
a~C;<ê..~-l~._.al'd '36 be waived; seconded by C(¡U~1'~i1man Wils'm,
carried 4 - O. !1oved by Councilman Saich that Ordinanoe
No, '3S be Pßssed: ~~~ed.~ Councilman WIlson, carried
4 - O. This complet;es rezoning of Homestead 4-C to <
M-1-H. Moved by Councilman Wilson that Ordinance No. '36
be adoPted; seconded by Councilman Nathanson, carried
4 - O. This reclassified the corner of Bollinger Road
and Highway 9 from E-J-H to C-I-H.
-2-
2, Resolution No. 47 W9S reed by City Attorney Anderson _ a
resolution of the Council of the City of Cupert1no off1c-
1ally supporting the proposed training in fire techniques
and fire administrGtion at San Jose Junior COllege and
San Jose St~te College. '
B. General Petroleum Application
The Mayor read a letter from J. E, Longinotti, counsel for
Vincent Maggio. re petition for rezoning Maggio property _
Stevens Creek Road and Blaney Avenue. Longinotti cOntended
that the two principle reasons (according to his interpre-
tation) for denying the application are not valid. He
stated that the plot of land contemplated for the station is
adequate and that it would not result in too many service
stations in the area. Co¡mc1lman Saich noted that the
Planning Commission has studied the matter and recommended
denial. Mr. Leonard, Chairman of the Planning Commission,
read his report in which the Commission voted to deny the
application and stated that his board stands squarely on its
report, Although General Petroleum has established, to their
own satisfaction, the fact that the project would be
economically beneficial, the Planning Commission believes
that it would not be in the interest of the community, and
that the proposed development of the site is not proper for
the adjoining property and traffic circulation. Mr, Leonard
believes that an application should be made showing an
integrated development of the whole parcel, The El Dorado
and Lawrence's Restaurant were approved by the County. He
feels that precedent established before the incorporation of
the City ne~d not be binding on the Planning Commission.
It was noted by both the Chairman of the Planning Com-
mission and the City Attorney that decisions comparable to
the one at issue have been reached by the neighboring cities
of San Jose, Sunnyvale, and Santa Clara, as well as the Count~
of Santa Clara, especially in connection with Lawrence
Station Road, After consideration of street radii at the
Corners of Lawrence Station Road as they effect service
stations located thereon, the Commission voted unanimously
to recommend that a 60 foot radii be established at inter-
sections.
Councilman Nathanson moved that the appeal of General
Petroleum Company to the COID1cil for the rezoning of property
at the southeast corner of Blaney and Stevens Creek Road be
denied, seconded by Councilman Wilson, carried ) _ O. Mayor
Meyerholz abstained.
Mr. Rukan stated that his company has no plans for legal
action inasmuch as public relations is an important facet of
their operation, They cannot expect support of the neigh-
boring citizenry in the event of litigation involving the
City, he said.
Mr, Leonard summarized the feeling of the Planning
Commission by saying he is interested in a compatible develop-
ment rather than three conflicting uses, If a proposal is
made tending to preclude incompatible uses the Commission
might be favorably disposed. The Mayor asked the Chairman
of the Planning Commission what his response would be if an
application was presented for another commercial use at this
site, such as office building, grocery store, etc. Mr, Leo-
nard replied that the Same principles would apply; he said
that governing bodies have traditionally underestimated
necessary street width, He said it would be resonable to
expect an apçlication for a long narrow apartment house on
the adjoining property, if this application had been approved,
Mr, Rukan thanked the Council for its consideration of
the matter.
C, Miscellaneous
1, Mr, Anderson said he had the elements of ~ model sign
ordinance submitted by the Planning Commission and
requested a Councilman as an advisory member to help him
with the matter, Councilman Nathanson moved that the
Mayor have the authority to apPoint a member as requester
by counsel to assist him in preparing the ordinance;
seconded by Councilman Saich, carried 4 _ O. The Mayor
named Mr. Wilson.
-;3-
2. Councilman Wilson said he had made a personal inspection
of Rodrigues Avenue and favors its acceptance by the
City. Councilman Saieh disagreed; he favors further
repair before acceptance, The Mayor said that ~he County
inadvertently failed to accept the road for maintenance,
With respect to a suggested culvert of corrugated iron
pipe, he said he preferred to have a dip in the road
rather than the possibility of a clogged drain, Council-
man Nathanson felt that the Road Com~issioner should be
sustained. He suggested a letter advising Rodrigues to
appear before the Council. There was some doubt whether
the title to Rodrigues Avenue lay with Rodrigues or the
City. Councilman Nathanson suggested a quick agreement
in the interest of expediency, The Mayor sa~d he would
entertain a motion that Mr. Saich and Mr. Anderson be
instructed to meet with Rodrigues and arrive at a settle-
ment, Councilman Wilson so moved; seconded by Councilman
Nathanson, carried 4 - o.
), Councilman Hilson asked for details about circular and
horizontal dry wells. Mr, Anderson answered that inverse
dry wells are in much the same category as septic tanks.
They are a temporary measure recommended by the Sanitary
District. He recalled a letter from the Water Pollution
Board which implied that such wells are not ap~roved.
The Council recently came to the conclusion that there is
no conflict between the City and the Water Pollution
Board; the matter is one between the individual and the
WPB. These wells may be able to care for drainage until
the storm sewers can handle the matter. Councilman Wil-
son and Nathanson suggested investigating their use,
possibly at Sunrise Drive.
4. The Boundary Commission Report showed that annexation
Blaney l-C creates an unincorporated corridor along a
portion of the west side of Blaney Road. The City Attor-
ney advised, and the Council concurred, that Mr, Ellis
submit a revised map to secure a clean bill from the
Boundary Commission.
v
NE1,v
A,
B,
BUSINESS
Attorney's Report - None
Report of Roads and Maintenance Commissioner
Mr, Saich said he has eliminated many chuck holes on Stevens
Creek Road.
Report of Police and Fire Chief - None
Report of Planning Commission Ch~irman _ None
Miscellaneous
Councilman Wilson requested some activity in the Civil Defensf
Department,
Moved by Councilman Saich, seconded by Councilman Wilson,
carried unanimously that the meeting be ad10urned lO:10 P.M.
Respectfully submitted, ___
í\'l'''-''4~~ v\ tteyj:'-<.-l,'"
LAtmENCE K. NARTIN
City Clerk
OF THE SPECIAL MEETING OF AUGUST 27, 1957
Norman Nathanson Home
8:00 P,M.
C.
D,
E,
MINUTES
Place:
Time:
At a meeting held for the purpose of establishing the municipal tax
rate for the fiscal year 1957-58, it was moved by Councilman Wilson
t at Resolution No 48 be ado ted settin the tax on real ro ert
w thin the Cit of Cu ertino at 20 cents erlOO assessed vauation
,
and that the Office of the County Controller be notified to that
effect; seconded by Councilman Paizis, carried unanimously, all five
councilmen being present.
It was necessary to file this Resolution, with the County Control~
ler by September 1, 1957. ' \ l ~
L, K. MARTIN, City Clerk