CC 06-01-59
P.O. Box 597
Al 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
JUNE 1, 1959
Place:
Time:
Teachers Room, Collins School, Vista Drive, Cupertino
8:00 P .~L
I
II
SALUTE TO THE FLAG
ROLL CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Nathanson, Pelosi, Saich"
Wilson
None
III MINUTES OF THE PREVIOUS MEETINGS OF MAY 18 and MAY 26 were
were approved with the following corrections: V-2, delete
"abandon the subdivision" and add "vacate the necessary
streets"; page 6, add "It was decided to hold the building
permit for the Fred Cali house pending further study."
IV ORAL COMMUNICATIONS
None
V PROTESTS, WRITTEN COMMUNICATIONS
1. County Planning Commission and Board of Zoning
~u~ment: ~urrent agenda.
The Mayor authorized the City Engineer to represent
Cupertino in regard to a greenbelt application.
2. Assemblyman Allen, Senator Thompson: A copy of AB 2242
as amended on May 22 is enclosed, relating to merger of
the Water Conservation District with the Flood Control
District. Governing Board of the combined Flood Control
and Water Conservation District would consist of three
supervisors and four City Councilmen.
3, Raymond Hill. Trojan Construction ComDanv: Inquiry
relative to securing right of way for Regnart Creek
Channel east of Highway 9.
4. Bruce Wiggins, County Fire Marshal: Liability'notice to
Tom Stone, owner of property on Bollinger Road, north sidp
Inspection disclosed dumping in violation of the Fire
Prevention Code of the County.
5, ÇOUl1ty Fire Marshal: Liability notice to Cupertino
Realty & Insurance Agency. Inspection of premises located
at northeast corner of South Highway 9 and Silverado
Avenue, used as laborers dwelling, disclosed a dilapidate"
~~occupied building not properly secured against unlawful
entry. It shall be repaired or demolished.
t;" Peace Officers Association: Warning against use of a
ši~g~e license plate on autos.
í', Tn~~r-C1ty Council: Notice of June 4 meeting at Hawaiian
C'''1r'Ì.ens, San Jose. Agenda includes vote on disbanding
~ayo~ls Committee.
(: £,0"1,'<1 of Supervisors: A 90 day moratorium has been
ciec,lared on developments along County portions of free-
W8JS, expressways and major arterials designated by the
rs ~eDw Cather plan.
Referred to City Attorney.
Buildin~ InsPector: Explanation of conditions concerning
the pumping of septic tanks, Generally, tanks under pave-
ment need not be pumped, whereas septio tanks beneath
exposed earth must be pumped.
M. Pearl, County Health Department: Copy of letter to
~tate Department of Public Health conerning the require-
ments for treating raw surface water out of Stevens
Creek, for domestic use.
Division of Hi~hways: Verifi6ation of fact that lots
29 - 49. Corte Madera Highlands, will be purchased by
the State.
Alcoholic Bevera~e Control: Copy of beer license appli-
cation by Young's Foothill Club.
Inter-City Council: Minutes of Inter-City Council
meetings of April 2 and May 7.
Building Inspector: -Report for May, 1959. Monthly
estimated value [)IT4,359.00. Total estimated value year
to date, &3,304,734.00.
VI REPORTS OF OFFICERS AND CO~lISSIONS
A. Attorney's Report
1. Mr. Anderson said he has discussed a City Manager
Ordinance with Councilmen Lazaneo and Wilson and is
ready for public discussion of such an ordinance,
It was decided to høld open discussion at the
following Council meeting.
2. The Division of Highways still has no plans to widen
Highway 9 through Cupertino but the City is bearing
in mind its own rights and those of property owners
if the State should decide to increase the width of
Sign Route 9.
3. fIr. Anderson has replied to Attorney I s for Woodruff
and Wilson that a subrogration agreement cannot be
executed by the City at this time but will be held
under advisement by the City and further developments
awaited.
4, Mr. Anderson will check with the County concerning
an application to operate a mobile amusement unit
since it involves a user of public streets.
5. Vacating public streets requires a notice of hearing;
this will apply to Tract 1960, lots 29 - 49.
6, Mr. Anderson requests engineering or public works
assistance with the contract to purchase Monta Vista
Water Works, specifically, as to just what property
and facilities are entered into the agreement. An
inventory will be required to determine the exact
physical assets that the City is contracting to
purchase. Generalized clauses can account for all
pipe and similar appurtenances.
Council requested that the Hanauer representative
be contacted in order to discuss this inventory
problem.
Moved by Councilman Saich that the City Engineer
Or' a representative work with the City Attorney for
the purpose of drawing easements, titles, etC. and
conduct a study with the owner to decide the extent
of assets controlled by Monta Vista Water Works.
The Mayor maintained that Monta Vista Water Works
should enter no negotiation for the service of water
to any new areas pending the proposed bond issue of
the City of Cupertino, Annexations of other Cities
may be predicated on delivery of water by Monta Vista
Water 1¡lorks.
9.
10.
11.
12.
13.
14,
- 2 -
7. Mr. Anderson explained h1s typing and secretarial
difficu~ty and requested that the City acquire
dictaphane equipment which would enable him to dictate
ordinances, resolutions, etc. and deliver the tape
or record to the City Office for transcribing. Moved
by Councilman Pelosi that the City acquire by purchase
or lease-purchase the recording and transcribing
device needed; second by Councilman Saich, carried
5 - o.
B. Report of Road Commissioner
Councilman Saiçh reported that a summary of road
expénditures is being made.
C. Report of Police and Fire Chief
Police are keeping the orchards under surveillance.
D. Planning Commission Report
1. Summary of actions taken by Planning Commission at
last meeting.
a. H control, mortuary at corner of Portal and
Stevens Creek Blvd. Moved and carried that the
plot plan be accepted.
b. Record of survey, Fred J. Cali, south side of
Rodrigues Avenue. Moved and carried that the
plot plan be approved.
c. Moved and carried that the City Office Building
be shifted to the originally 1ntended location,
at the rear of the Zarko property.
d. Oliver Rousseau: Application to rezone lots 3,
4 and 5 of Tract 2153 and lots 1 and 2 of Tract
2154 for commercial usage. Moved and carried
that the second hearing be closed and that the
Planning Commission recommend to the Council that
the application be granted with the usual condi-
t ions.
e. Yee and Weaver: Application to rezone site along
west side of Miller from R-l:B-2 to accommodate
26 lots for duplexes; 8500 sq. ft. each:
"Yeeland Heights No.2". second hearing.
Moved and carried by majority vote to table
the application and reopen when the Planning
Commission is able to recommend an ordinance which
is applicable.
f. Weaver and Yee: Application to "rezone" 18 lots
from duplex to 4-plex structures, Tract 1181
known as Yeeland Heights.
Motion immediately above applies to this
application.
g. Moved and carried that the Planning Commission
find that Dewey Nunn, 20860 McClellan Road has
committed no zoning violation (in the operation
of a chicken ranch).
h. Hearing w111 be held on June 8 to consider the
the revised application of Edenvale Land Company,
requesting rezoning for about 20 acres on the
east side of Highway 9 north of Silverado Avenue.
io Moved and carried that a 4! foot sidewalk be
approved for the school to be constructed w1thin
the Kensal "Country Life" Tract, rather than a
sidewalk of commercial size.
j. Clark B. Bellman: Application for use permit to
operate a retail sales office on the east side
of NOrth Highway 9 in an R-3-H zone¡ address is
10188. Applicant wishes to display and sell a
camping device.
- :3 -
Chairman advises Bellman to consult the zoning
ordinance to determine whether he can conform to
the home occupation requirements and, if so, to
proceed according to stipulations noted in the
Planning Commission minutes of May 25.
k. Moved and carried by majority vote that a use
permit be granted to Cupertino Nursery authorizing
addition to the store and alterations in the lath
house.
1. Chairman submits plat of Tula Lane to the City
Engineer and Planning Consultant for studying
the pOSSibility of securing a dedicated and
improved road and possible Commission action
relative to zoning.
Mr. Myers said the City should advise the
owne~s along North Highway 9 of their alter-
natives. Generally it is not good policy to issue
use permits to non-conforming uses, He favored
a letter to the owners stating the facts and
circumstances adopted by the City.
Mr. Uenaka, speaking for Cupertino Nursery,
stated his intention to dedicate and set-back
and meet such other requirements as may seem
reasonable to the City.
The Mayor authorized the sample letter to be
dispatohed to Highway 9 business owners in the
R-3 zone.
Moved by Councilman Pelosi that Cupertino
Nursery be granted a use permit subject to the
conditions expressed; second by Councilman Saich
and carried 5 - O.
2. Plot plan of Fred Cali for House on Rodrigues
Avenue.
Don Bandley represented Cali; he showed plans to
the City Council.
Councilman Pelosi took the position that the
matter should not be considered as an Oral Communi.
cation.
Mr. Myers maintained that this application should
be processed through the Building Inspector upon
approval of the Planning Commission.
Mr. Anderson produced Ordinance No. 2 which
provides that the City Council issue building permits.
A question of interpretation can be made in the case
of individual houses. The City Council in effect
approves the building permits subject to compliance
with all ordinances and conditions when it authorizes
the signing of a final map.
Subdivision maps are not presented for individual
houses but the wording of Ordinance 47 appears to
make any division of property a subdivision. On the
other hand, another clause in Ordinance 47 allows the
Planning Commission to waive other stipulations as
it sees fit and exercise discretion.
The Chairman of the Planning Commission said that
his body ascertained that the land use was proper,
and assumed that the Building Inspector would issue
the permit upon application exercising his ordinary
inspection prerogatives.
Mr. Myers raised a question of consistency between
the Uniform Building Code of 1958, which has been
adopted by the City and the terms of Ordinance 2,
referred to above.
- 4 -
Councilman Pelosi said that the citizens should
have t~e right of redress in an instance where a
protest. 1s or may be voiced. He said the procedures
are sLcrt-c1rcuited by the issuance of a building
permit ",rlt)¡out reference to the City Council. Mr.
Andersc'l(ei terated that the building permit must be
secured ~rom the City Council which may in the future
specifically delegate this power elsewhere.
Coun~ilman Pelosi also stated. that the applicant
is a subdivider, that the neighborhood plan according
to which he is proceeding has never been formally
approved and that there have been changes in it. He
referred to the Engineers recommendation on half
streets and noted that the openings onto Rodrigues
contemplated at the present time exceed the number
of streets shG~m on the neighborhood plan.
Jehn Rodrigues told the City Council he would
like to go on record as favoring the Fred Cali plot
plan.
Councilman Pelosi requested that the item be
deferred until Friday.
Moved by Councilman Saich that the building
permit be granted; second by Councilman Wilson and
carried 4 - 1.
VIII NEW BUSINESS
A. Report of Cit~zens Committee for Children and Youth
Relative To White House Conference.
Mrs. Claude Giddings, being Cupertino representative,
reported that a questionnaire has been circulated to
every home in the County asking the age, occupation,
etc., of each resident. Pre-tests have been run in
San Mateo County. Information will be compiled by
census tract and will be the most comprehensive survey
ever done. The City will be aSked to contribute to the
cost of the survey.
The Mayor asked Mrs. Giddings to keep the City
abreast of developments and include Cupertino in the
joint report rather than place the City in the position
of assemblying their own data. He also authorized Mrs.
Giddings to select such other aides as she thinks
necessary.
Meeting adjourned at 11:10 P.M. until Friday Jun 5 at
8:00 P.M. to such premises as can be secured from the
School Administration.
.. 5 -