CC 11-14-55
CITY OF CUPERTINO
BOX 597
CUPERTINO, CALIFORNIA
MINUTES OF THE SIXTH COUNCIL MEETING
Regular Meeting
1l/Jl¡/55
naca' Cupertino Union School, Stevens Creek Road
Tillie, 8,00 PM
Councilmen Present: Lindenmeyer, Nathanson, Baich, Wilson
Councilmen Absent: Meyerholz
Press Present: Cupertino Courier, Wm, Norton
Sunnyvale Standard, Miriam Soomil
Partial List of Spectators Present:
Cassella, Emil - L,A. Garbage Co.
Bandley, Don O.
Tormey, Peter
Rodrigues, John
S.J. Mercury News-Dick Cox
West Valley News -
Musante, Steve, L.A. Garbage Co.
Chbla, Vita
Foster, Earl
~liller, Sam
I, PRELIMINARIES
1. Meeting called to order by Mayor Lindenmeyer at 8,08 PM
2. Salute to the Flag.
II. MINUTES OF THE LAST MEETING
1. The secretary was instructed to read the section heads of the Council
meeting of 11/7/55 and of the informal discussion held with Mr. Allen
M. Fortney, Division of Highways. Full minutes were posted at the rear
of the room. No one requested a complete reading. The minutes were
approved without additions or corrections.
III. COMMUNICATIONS; READ BY SECRETARY
1. Rezoning requests:
a. Angels and Josephine Licciardello, 20065 Stevens Creek Road requests
Commercial zoning.
b. Julian Fassio, no address, requests Bommercial zoning of property
fronting Stevens Creek Road near Blaney Ave¡¡ue.
c. Mrs. Lillian B. Wolf, 10080 Randy Lane, requests Commercial zoning
for property located next door north of Charron's Furniture Store.
It was moved by Councilman Saich and seconded by Councilman
Nathanson and carried unanimous1¥ the above matters be referred to
the Planning Commission.
2. Charles Prior submitted a proclamation to be signed by the Mayor,
authorizing December 1, 1955 as Safe Driving Day. It was moved by
Councilman Wilson, seconded by Councilman Nathanson and unanimous1¥
carried the Mayor sign said proclamation,
3. Department of Public Works, Sacramento, requested the names of the
City Officials. It was moved by Councilman Saich, seconded by Council-
man Nathanson and unanimously carried the request be accomplished.
4. County Boundary Commission stated proposed annexation of Boynton #2 '
to Sim Jose. It was moved by Councilman Saich, seconded by Councilman
Nathanson and unanimously carried to refer the matter to the Planning
Commission for information and reference.
.
5. County Boundarr Colll1lission, annexation of Komenovich property to Cupertino,
. requests conformance with Qovernment Code 35002 and return to Mark
Thomas. It was moved by Councilman Nathanson, seconded by Councilman
Saich ánd carried unanimously this matter be referred to the Planning
Commission and accomplished.
6., Summons and Warrants to be served were received from,
11. Grassland Water District, Los Banos, Cslit.
b. Shepprd and Shepard, Attorneys-at-Law, Selma, Calif.
the motion was made by Councilman Wilson, sec'" - ''''v Councilman
Nathansc>'" ~', , ", ;:,',y calTied the matt,;'>, \1: :(.Ly:-"d bÐr::." ",
acldrr -;;; :"~',:,-'. -~>:' 8anta Clat'a C:'7·.:'·,~," :"::~ ;:C':::~:s Ü:~:,:.;~,·~,
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7.
Cupertino Chamber of Commerce letter in two parts:
(a} Announcing the annual "Councilman of the Year Award" and (b) opposing
the San Jose Annexation of Johnson #1. Part (a) - The motion was
made by Councilman Nathanson, seconded by Councilman Saich and
unanj,mously carried, a vote of thanks be extedded to Cupertino
Chamber of Commerce for their interest in the Community and their
Councilmen, Part (b), it was moved by Councilman Nathanson, seconded
by Counciln~n Saich and unanimously carried, the matter be tabled
until Item 8 on the Agenda was presented.
8. Agent of Record report as requested by Councilman Nathanson 11/7/55.
(a) A proposal by the Hartford Accident and Indemnity Company I
Bodily Injury (200-1000) 426.76 and Property Damage ($50,000)
$126.18 totalling ~553.54
(b) A Proposal by the Pacific Indemnity Co., annual rates with a con-
tinuous form of policy, not subject to audit: Bodily Injury (250 -
1000), City Roads:ðOO and six employees ir15.36; Property Damage
(25,000) *100.00 totalling w415.36. . . ~
(c) Application to Compensation Insurance Fund of San Francisco and
Workmen's Compensation Inàurance Binder No. 134912 was included for
official signature. It was moved by Councilman Nathanson, seconded
by Councilman Saich and unanimously carried a committee of five
Councilmen study and investigate this report for one week.
IV. REPORT OF THE CITi ATTORNEY
1. Garbage Disposal Ordinance (without nUll1ber) read in revised form. It
was moved by Counciln1an Saich and seconded by Councilman vIilson the
Garbage Disposal Ordinance (without nUll1ber) be approved as read, The
motion was carried unanimously.
2. Resolution #3, Contract with Garbage Company,
It was moved by Councilman Nathanson, seconded by Counciln1an Saich and
carried unanimously Resolution #3 be adopted as read.
3. Agreement with Garbage Company.
Moved by Councilman Wilson, seconded by Counciln1an Nathanson, voting on
Agreement be postponed until n/21/55. Carried unanimously.
4. Ordinance 008, Procedural Ordinance (Urgency Clause)
The Chair recommended revision.
5. Resolution #4, Distributing the Duties Among Members of the City Council.
The following namüd Councilmen will be in charge of the respective
matters set opposite their names: CouncHman Meyerholz - Budget and
Finance; Councilman Saich - Roads and MaintonanceJ Councilman Wilson -
BUildings and Public Health; Councilman Nathanson - Police and Fire Chief.
It was moved by Co~~cilman Wilson Resolution #4 be accepted as read.
Seconded by Councilman Saich and carried unanimously.
6. Ordinance #
; State and Highwalf Improvement Fund. First reading.
1. Judicial Districts; deferred until Item Vii on Agenda as directed by
the Chair.
8. Resolution #5; In reply to Sunnyvale City Council concerning a common
boundary line and usage of Lawrence Station Road sewage facilities.
Moved by Councilman Nathanson, seconded by C011!lcilman Saich and oarried
unanimously the Resolution #5 be accepted as read.
"
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V. REPORT OF PLANNING COHMISSION
1. Acting Chairman Burrel Leonard remarked the Planning Commission was in an
unofficial status; the regular meeting of the Planning Commission would
be held the first Wednesday of each month; the Planning Commission would
hold special meetings each week at the Cupertino Union School Library
at 8100 PM until fvrthor notice; the first and third meetings ea~h month
wou1.d be ot>en for reøoning requests,. etc:t, the :38r'c'0.d and :~ourtt. ;.:ct-Jt.tJlg'3
woüi-l b<ò ·:c:c.::<.do·......eci. W0::-}:: s8':sicn.:':.J
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VI. P.T.&T. Representative - Mr. C. Yaeger
1. Mr. Yaeger reiterated his desire ror an orrice and storage shed at
Forest and Blaney Avenue, approximate value of improvement-$45,Ooo.
Displ~ed photographs of buildings located in residential areas of Palo
Alto and Los Altos. A recommendation of denial for a use permit had
been submitted to the Council by the Planning Commission. It was moved
b.r Councilman Nathanson, seconded by Councilman Saich the P.T.&T. locate
a site nearer the P,G.&E. and resubmit plans and location to the Planning
Commission for study and approval. Carried unanimously.
Councilman Meyerholz appeared at 10:05 PM
2. California Safety Patrol represented by 11r. Floyd Higgins submitted a
bid for police patrol services of $4.00 per hoUB per ¡Than including the
vehicles and equipment. Stated he believed the City's traffic fines
would pay for such service. ¡.jen in this privately owned patrol service
are auxiliary policemen of San Jose and are equipped with motorcyclcs or
automobiles. At prescnt, escort funeral processions thru the surrounding
cities. It was moved by Councilman Nathanson. seconded by Councilman
Saich the possibility of contracting for police services and trarfic
control be given further consideration. Carried, - O.
3. Komonovich Property. Annexation to Cupertino. CHy Attorney suggested
referral to Planning Commission, compliance with Government Code 35002
and further referred to Mark Thomas, County Engineer. The motion to
comply with Attorney's suggestion was made by Councilman Saich. seconded
by Councilman Wilson and unanimously carried.
VII. JUDICIAL DISTRICT: COU1\ICIL VOTE
Moved by Councilman Nathanson. seconded by Councilman Wilson the choide of
a Judicial District and consideration of bid submitted by California
Safety Patrol be studied as one problem. Carried unanimously.
VIII. JOHNSON #1; COUNCIL VOTE
MOTION by Councilman Wilson that: Since certain citizens of Cupertino have
submitted a proposal to the Council requesting a commitment to 6,000 square
foot lots in respect to the proposed San Jose Annexation known as Johnson
#1, and since the Council is precluded from institutinc any proceedings
to annex that area until the San Jose Annexation is disposed of. I move
that the Council make no commitments at this time concûrning Johnson No.1
Annexation and that further the Council expressly disapprovûs the extension
of 6.000 square foot lots into the Cupertino area. Seconded b y Councilman
Saich.
Councilman Meyerholz passed the vote,
AYES: Councilmen Lindenmcyer. Nathanson, Saich and Wilson
NOES: None COUNCIU{8N ABSENT: None ¥~tion carried.
IX. SUNNYVALE FROPOSITION, Resolution #" IN REPLY TO SUNNYVALE CITY COUNCIL
It was moved by Councilman Nathanson Resolution #,. be accepted by the Council
and forwarded to City of Sunnyvale Council. Seconded by Councilman ¡'¡eyerholz
and carried unanimously.
X. ORAL REPORT OF INTER-CITY MEETING 11/10/55 by Councilman Nathanson
1. Membership restricted to cities of Santa Clara County
2. Meeting held the second Thursday of each month
3. Membership assessment of t50.00 per calendar year for ûach city
4. Officials: President - R. B. Gilmore; Secretary-Treasurer - H. K, Hunter;
Partial list of committee chairmen: Mr. Evatt, Milpitas - Smog Control;
Mayor David Tripiano, Mt. View - Sales Tax Chairman; Nayor Witt, Los Alto -
Gas Tax; Councilman Watson Connor. Los Altos - Flood Control.
XI. MISCELL\NEOUS
1. It was moved by Councilman Nathanson the City Attorney be instructed to
compile a resolution of thanks to the Inter-City Council for gavel pre-
sented to City of Cupertino. Seconded by Councilman Wilson. Carried 5 -0.
2. Moved bV Councilman Nathanson, seconded by Councilman Wilson the invitation
to become a momber of the Inter-City Council at this time, be tabled.
Carried 5 - o.
3. Office space in Fire House available Without rental charge. but unfurn1s"
and without telephone service. Moved by Councilman Mcyerholz a resol~\-:;~,·,
of thanks be subnd.tted to the Fire Commissioner and Fire Chief. Sccond€;Q
by Co~~cilman Wilson and carried unanimously.
XII. ADJOURNNENT at 11100 PM by Mayor Lindenmcyer.