CC 11-07-55
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CUFEr:rL!O, Cþ.LIFo~nIA
¡;INUTES OF THE FIFTH COUNCIL ;'¡¡;;ETDJG
Special Jieeting
11/7/55
Place:
Tilne :
Cupertino Union School, Stevens Creek Road
8:00 p¡.¡
Councilmen Present:
Councilmen Rbsent
Linderuneyer, Ralph - !-íayor
Heyerholz, R. Ivan
Nathanson, Norman J.
Saich, John
\Jilson. Harner
None
Partial List of Spectators Present:
Cassella, Emil - L. A. Garba¡:;e Co.
Musante, Steve - L. A. Garba¡:;e Co.
Rushton. Roy
Eãz:ldley. Don O.
Baer. Charles
,'¡oodrui'f, Kurt
Lillo, ToI\Y
Stanley, Boris
Rodrigues, John
Hiller, Sam
Hartman, Don
Johnson, Edgar
JÜllet, Howard
Shapero,
Press I
Cupertino Courier - Wm. Norton
Sunnyvale Standard- lliriam Soomil
I. PRELIHINARIES
1. Heeting called to order by Hayor Lindenmeyer at 8110
2. Salute to the Flag.
II. MINUTES OF THE LAST !ŒETING
10 The Secretary _s instructed to read the section headings of the Council
meetings 10/31 and 11/4/55. Full minutes were posted I10t fne rear of room.
2. No one requested a complete reading.
III. CORRESPONDENCE
T'.oe Hayor requested the incoming correspondence read by the Secretary.
1. The following letters of protest concerning the possible acceptance of
6,000 square foot lots in Johnson #1 area by the City Council were reach
a. Ernest S. Uenaka, Cupertino Nursery. 10431 N. Sunn,yvale Rd.
b. James H. Banich. 10249 N. Highway 9.
c. Art Ellis, SUI'li-Land Realty, 10247 N. High\'lB,Y 9.
d. HI's. Carrie H. Braid (No a.ddress given)
e. Douglas H. Wright. 20690 Homestead Road.
HOnON
Noved by Councilman Saich am! seconded by Council.man Heyerholz letters of
protest to be filed In public file. Carried I .5 - 0
2. Form letter from County Board of Supervisors atating the proposed annex-
ation of Noreland 4 to San J03e and De Anza 2 to SUrL.vvaJ.e.
HOTION
~!oved b',¡ Councilman '.fHson and seconded b.Y' Councilman Saich this communication
filed for information and reference. Carried I 5 - 0
3. Notification of hearings in Oakland U/28/5S at 10100 A¡'¡ from the Joint
Interim Committee on Transportation Problems, Sacramento, CaJ.if.
MOTION
Moved by Councilman Saich and seconded by Councilman ,¡ilson the letter be
placed on file for information !3urposes. Carriedl .5 - 0
4. Dinner meeting invItation from Peninsula Division, League of California
Cities on 'fhursday ll/17/55, Villa Chartier. San Nateo; :W4.oo per plate.
J10TlüN
Noved by GounciJJnan viilson and seconded bJ CouncilJnan Saich letter be filed
for :information purposes. Carried I 5 - 0
-2-
5. Cupertino De Oro Club Resolution requestinG annexation ¡,¡,,- City of Cupertino.
HOTIO"¡
Hoved by Councilman !1e:rerholz and seconded by Councilman iJilson :Q,cceptance of
this Hesolution and such inforœ.tion referred immediately to the Bound~
Commission for action. Carried I 5 - 0
6. Work Order from Hark Thomas stating Boundar.! Commission had commence ,¡ork
necessary in aru,exation of Komenovich property, to be lcnc>rn as Homestead l-C.
llOTION
¡';oved b:¡ Council1nan Nathanson and sec.onded by Council1nan ¡'¡eyerholz letter be
placed on file for information and reference. Carried: 5 - 0
Sheriff lIelvin Hauley and Lt. James Geary appeared and was introduced by Hayor
Linderuneyer. Sheriff !lawley stated: Three Judicial Districts surround the City
of Cupertino; Cupertino must decide which District is most desirable ror community
and .then request assignment to that District from the Board of Supervisors; the
facilities 01' the County Jail are available to Cupertino, the average cost per
person C2.00 _ ~ì2.25; impractical for a city the size 01' Cupertino to build a
jail; County has a very efficient radio service ,mich is available to Cupertino;
Sheriff's office may, with the approval of the Board 01' Supervisors, contime
patrolling this area; Highway Patrol services will continue unti1 July 1, 1956;
the City of Cupertino may have ordinance5 restricting the use of roadside adver-
tisements; Cupertino may crèate an ordinance naming Sheriff Ha,lley as Chief of
Police, ex-officio.
IV. COUNCIL VOTE: JOHNSON # 1
1. Approxiroately twelve residents 01' the City of Cupertino present and about
ei¡::ht property é1ers, prospective sub-dividers and developers pæœnt from
Johnson # 1 area.
2. l-layer Lindenmeyer asked for opinions from the floor. City residents reiterated
their previously stated desire for a small community, low taxes and rural
atrosphere. ,JDhnson #1 parties demanded the City Counci1 vote upon the
acceptance 01' this area with complete approval of their zoning desires, as
stated 11/4/55.
3. Councilman Neyerholz submitted the following resolution for Council acceptance&
WHEREAS: The City 01' S8.'l Jose contemplates the annexation of certain areas
within the community of Cupertino and contiguous to the southerly
boundary of the City 01' Cupertino, known as Annexation Johnson tile
WHEREAS, In the absence 01' a sub-division ordinance governing the formation
and restrictions on such sub-divisions within the City of Cupertino.
WHEREAS: The area involved is within the district of the Cupertino Elementary
School System and also within the postal area known as Cupertino.
WHEREAS: The City 01' Cupertino has no sewer system but is within the boundariel
01' Sanitation District # 1.
THEREFORE be it resolved that the Council of the City 01' Cupertino hereby
declare that its policy toward the area known as Johnson #1 be
and hereby is to approve the use 01' minimum lot sizes of 6,000
square feet and such outfall sewer facilities as can be supplied
by Sanitation District II 1. BE it further resolved that the
Council of the City of Cupertino shall exercise such restrictions
on architectural design and general planning to accomplish a well
balanced and pleasing whole.
4. Resolution was not seconded by any member 01' the Council, therefore unadapted.
5. Councilmen Nathanson, \1ilson, Saich and Lindenmeyer requested a de~ in
approving or disapproving the requested desires of Johnson #1 representatives.
Stated further investigation and stucl;y in regard to the desires 01' the
residents in the City 01' Cupertino.
MOTION
Moved by Councilman Salch and seconded by Councilman Wilson to postpone the Council
voting until the next regular meeting, ll/14/55.
AYESr Councilmen Lindenmeyer, Nathanson, Salch and Wilson
NAYS: Councilman Meyerholz
Carried: 4 - 1
V. CITY CLERK APPLICATIONS; CLOSED ll/1/55
}lOTION
Hoved by Councilman Nathanson and seconded by Councilman Saich indivi<iù¡,ü. 5creening
01' applicants commence at 10:00 AN, Saturday, 11/12/55. Carried: 5 - 0
VI. REPORT OF CITY ATTOIDTEY
1. ORDINANCE 005" cl'eatL'1.g a Flanning Commission¡ providing l'ol~!;he appo;¡.m:.ment
of members and dÜïning the po~reI's and dutieu oi" said commis3ion was prel!!Jnted
and read in its revised form by City Attorne;r Sam J. Anderson. No deletions
ø}.
2. Changes ,,-ere requested in the ordinance. acree.':lent and contract ~lith the
Los Altos Garba£e Co. Ordinance eoverning garbage disposal. contract and
agreement will be resubmitted to Council 11/14/55 in revised form.
3. Resolution 1,"2 comnendin¡:; Hichard Olson for his efficiency and businesslike
manner was submitted and read.
llOTION
Boved by Council1nan ì'Jatha."lson and seconded by Councilman Heyerholz the approval
and acceptance of Eesolution ,;2; one copy to be ¡;¡ailed to Board of Supervisors
and one copy to Riclwrd Olson. Clerk of t..'1e Board of Supervisors, San Jose, Calif.
Carried: 5 - 0
VII. REPORT OF AGEèJT OF IŒCORD
1. Hr. Nel Hewins, Agent of Record. stated the total cost of an insurance pro-
gram with 200,000 to 300.000 general liability would be ~530.38; city insu.r-
ance premiums based on road milee (9.4 in Bity of Cupertino). A thirty day
binder would be effective until 12/5/55. Councilman Nathanson requested the
cost of an insurance with (i250.000 to {il.OOO.OOO general liability.
VIII. REPORT OF PLA~Em¡G CœmrSSION
1. Acting Chairman Burrel Leonard stated the Planning Commission will not be
an official body for thirty days after the øigning of Ordinance 005.
IX. IUSCELLli.NEOUS
1. Councilman l1eyerholz presented to the Council a check for $13.80. whereupon
it was agreed by remaining four Councilmen the check should be retained by
Councilman Heyerholz until a Treasury department is established.
X. ADJOURNHE:IT at 11:15 by }~or Lindenmeyer.
Respectfully submitted
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CUPERTr:¡O, CALIFORNIA
Inforrr~l Meeting
Place: Cupertino Union School, Stevens Creek Road.
Time: 7:00 FE, 11/7/55
Councilmen Present:
Councilmen Absent
Others Present
Lindenmeyer, Nathanson, Heyerholz. Saich and ';I11son
None
}æ. Allen 11. Fortney, Dist. IV, Division of Highways, San FrallCisco
Informal discussion commenced upon completion pf introductions by J1ayor
Ralph E. Lindenmeyer.
!4r. Allen Fortney presented to the Council a manual of Standard Spec if-
cations of the Department of Public ~orks. Division of Hißh'~s; l'IDnual of Instructions
for City and Cooperative Projects (second edition 1949); and a Summary of Factors
Involved in Apportionment of Gas Tax Funds to Citie30
The follo..'ing information uss brief:l¥ stated by Hr. Fortney:
1. The official population is necessary before the fuel tax monies
may be computed or made available to the City of Cupertino.
Based on an estimated populDtion fi~e of 1,746, the approximate
monies a:'1ailable to the City for the quarter would be ,~2. 700.
2. A sum equal to five eighths of one cent per gallon is allocated
to a city for major street improvem9nts (vehicular used streets).
3. A budget for such improvements must be submitted by the City for
approval before monies will be allocated to City's accounts.
a. New agreement or project statement is necessary at each chanGe
of the l)udget submitted.
b. Fuel tax 1!IDnies I1Ja3 not be used for reimbursement oj; work
already completed.
c. Street equipment may be rented and charged to Gas Tax Fund.
Also ar>.y required help.
d, Street equipment cannot be purchased from this fund.
e. Instructions are being rensed. City of Cupertino will
receive further information and instructions as released.
Mayor Lindenmeyerexpressed appreciation for the cooperation oj; !,æ.
Fortney and the meeting dissolved at 7:45 PM. Special meeting of the Council to
convene at 8:00 PH.
Respectfully subwátted,
~'-CL( )( (r,;-, .'(,
Edith H. Anthony, secret;y-(~~tem)
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