CC 04-06-59
P. O. Box 597
Al 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
!lINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
APRIL 6, 1959
Place:
Time:
10031 Saratoga-Sunnyvale Road
8:00 P.M.
I
SALUTE TO THE FLAG
II
ROLL CALL
Councilmen Present:
Councilmen Absent:
Lazaneo, Nathanson, Pelosi, Saich,
Wilson
None
III MINUTES OF THE PREVIOUS MEETING OF MARCH 16, 1959, were
approved after the following corrections: V-l, line 31,
add "unless generally applied;" VI-E-8 add, "City Attorney
was authorized to write a letter to the District Attorney
in this regard"; VI-E-IO, change "Anderson" to "Wilson".
IV ORAL COMMUNICATIONS
1. Roy Rushton, president of the Felton Tract, informed
. the Council that the Plumbing Code is, in his opinion,
too severe in that it includes the necessity for cast
iron pipe. He expressed a preference for vitrified clay
and said that a number of home owners are interested in
installing their own pipe. Cast iron presents quite a
handicap whereas certain home owners feel that clay
pipe can be properly installed without the use of a
plumber. .
Henry Miller, 921 Hummingbird Way, San Jose, said
that as a representative of the Clay Pipe Institute
he is prepared to answer any questions. He maintained
that the clay pipe would accomplish the same job as the
cast iron and at a lesser cost to the home owner.
Mr. Benevich, City Building Inspector, in favoring
cast iron pipe, emphasized that the installation of
clay pipe according to manufacturers specifications
allows little difference in price. He had some bids
on typical connections which he read to the Council and
to the public which showed that a connection would be
$24 - ~<35 less for the clay. .
Fenton Hill, 20915 McClellan Road, said that most
cities allow clay pipe and that Cupertino should do
likewise.
To complaints over the lack of opportunity to
discuss the code, the Mayor said that no objections had
been raised when the ordinance was under discussion nor
during the thirty day period before it took effect.
Copies of the ordinance were published in the Cupertino
Courier.
R. B. Hampton, 402 S. Henry, San Jose, identifying
himself as a plumbing contractor, went on record to
favor cast iron in order to avoid complaints, repairs,
etc. Many jurisdictions, he said, have abandoned clay.
In response to questions, the City Attorney said it
is doubtful that approval of clay pipe can be granted
except by ordinance.
After extended discussion, Councilman Wilson moved
that the meeting be adjourned until April 9 and the
City Attorney draft an urgency ordinance deleting the
requirements for cast iron pipe, thus allowing clay
pipe; second by Councilman Lazaneo and carried 5 - O.
Anthony Lillo's written communication on behalf of
R. Cali & Bros. requesting a variance from cast iron
sewer pipe to clay sewer pipe was noticed at this time
with the above action prevailing.
2. Ron Pardini, representing Kensal Construction, requested
permission to build four model homes prior to the filing
of the final map, which is expected at the next Council
meeting.
Moved by Councilman Saich that the City approve·
the building of four models upon final approval of
plans by the City Engineer; second by Councilman Lazaneo
and carried 4 - 0 (Wilson absent),
V PROTESTS A1~ WRITTEN COMMUNICATIONS
1. Edwin J. Myers, Planning Consultant: Memo recommending
revision of the major street plan to allow extension of
Bollinger (at 90') and return of McClellan Road to 60'.
2. John p. Murray: Protesting the widening of McClellan
R03d to 75'.
3. Anthony Lillo: Protesting the policy of widening
McClellan Road to 75'.
4. Edward Cali: Protesting the policy creating a 75'
width for future development of McClellan Road.
5. E. F. Euphrat: Adding his name to a "petition" against
the widening of McClellan Road.
Mr. Lillo presented petitions protesting the
adoption of McClellan Road as a 75 foot street - signed
by 111 people, most of them residing within the City~
Moved by Councilman Laz3neo that McClellan Road
width be returned from 75 feet to 60 feet; second by
Councilman Pelosi and carried 4 - 0, Councilman Wilson
abst8 ined.
6. American Cancer Society: Mayor urges public support of
the April Cancer crusade.
7. Building Inspector: Notice to repair or demolish non-
conforming structure - copies to George and Edward
Yamaoka re building at 10250 Portal Avenue.
8. Building Inspector: Report for the month of March
shows 209 permits issued with a total estimated value
of $2,472,150.
9. Fire Marshal: Complaint report concerning a dilapidated
barn open to the public. Owner said she would like to
have same removed.
10. Army Engineers: Notice of public hearing on survey report,
lower San Francisco Bay, relative to port facilities.
11. League of California Cities: Sample resolution urging
the State Legislators to increase the motor vehicle
fuel tax by l~ per gallon for allocation to Cities and
Towns.
No action at this time,
12. Wishful Sportsmen Club: Requesting permit for the sale
of fireworks next July at Cupertino Drive-In Market on
North Highway 9.
Other requests are expected and will be considered
together. There is a question over the number of
stands to be allowed. Moved by Councilman Pelosi that
the Attorney be instructed to draft a fireworks
Ordinance; second by Councilman Lazaneo, and passed.
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VI REPORTS OF OFFICERS AND COMMISSIONS
A. Attorney's Report
1. Cupertino Cab Company
Mr. Anderson read a copy of his letter to the
Cupertino Cab Company in which he stated that there
should be compliance with City ordinances before
making application for the adding of a second.
2. Mr. Anderson reported he had written to J. Robert
Roll of the SCVWCD, concerning priority for future
water supplies.
3. A letter has also been written to the District
Attorney concerning the pollution of Stevens Creek
by the quarry operators. No reply as yet. The
City may not be sufficiently a party at interest at
the present time, in which case the Board of
Conservation District may act as principal.
4. Cupertino v. San Jose, in the matter of Stelling
No.2: Mr. Anderson has filed an amended complaint
to be heard April 7.
B. Report of Road Commissioner
Councilman Saich reported work by the road crew on
the west side of Stelling south of Homestead. The
striping work will be done in the near future.
C. Report of Police and Fire Chief
Mayor Nathanson told of severe damage to some 20
trees located on one side of his orchard, apparently
the work of vanda1.s.. The sheriff's office is investigating.
D. Planning Commission Report
1. Eugene Ravizza's application to rezone Lot 39,
Felton Park Subdivision was denied 5 - O.
2. Cupertino De Oro Club: Application for use permit
and rezoning of northeast corner of Highway 9 and
Homestead Road heard for first time. Gas station
proposed.
3. Racanelli and Duvaras: Application to rezone 2t
acres to R-3-H, south side of Rodrigues Avenue.
Given first hearing.
4, Otis Forge: First hearing given to application for
M-2-H zoning on 3/4 acre, 270 feet west of Highway 9,
about 1,000 feet south of Homestead Road.
5. Service Station, northeast corner Highway 9 and
Stevens Creek Road.
The Commission voted approval of the drawings
subject to the City Engineer and Planning Consultant
but withholding approval of the sign.
6. James Arnold: Diner to be located on the Grce
property, Mt. View-Stevens Creek Road in a commercial
zone. The Commission voted approval 5 - 0 subject
to the City Engineer and Planning Consultant.
Moved by Councilman Pelosi that the last three
Planning Commission reports be approved; second by
Councilman Saich and carried 4 - 0, Councilman
Wilson abstained.
E. Report of City Engineer
1. Municipal Water Works
The Mark Thomas report on the Alves Water System
will be in written form for the adjourned meeting of
April 9.
2. The form of the improvement agreement between
Crossroads Shopping Center and the City of Cupertino
is under question by the developers. They request
the following changes. First, they request soil
tests to determine the thickness of the street
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sections within their improvements. Council agrees
to such tests. Second, they request change in the
wording of Section 4 to show that developers have
paid the storm sewer charges in the amount of
~3,050 for 6.1 acres. Council agrees. Third, they
ask for new wording of Section 6, This question was
referred to the City Attorney, for him to consider
the language and determine whether the clause could
be changed to protect the City and hold it harmless
and also satisfy the developers. Possible relocation
of public utilities was the issue under consideration,
3. A tree planting policy should be implemented at the
present time, said Mr, Fleming, in order to take
advantage of the subdivision development now pro-
ceeding.
4. A firmer deadline on the submission of maps was also
agreed upon. Some maps have come before the
Planning Commission without prior checking, after
the applicant has first gotten on the agenda with
another map.
5, The City of San Jose has requested permission to
place a storm drain line through Cupertino.
Mr, Fleming was authorized to notify San Jose
that the request is too indefinite.
6, City Engineer requested the Attorney's opinion on
the filing of bonds before clearance is given a
subdivision. The mechanics whereby the City is
protected and work and payments guaranteed became a
problem in the Corte Madera Highlands Subdivision.
Moved by Councilman Laz8neo that the City
Engineer be authorized to work with the City
Attorney to clarify the sewer lien matters and to
stipulate the reQuirements of the subdivision;
second by Counciim8n Saich 2nd carried 5 - o.
7. Bids have been received on the Blaney Avenue culvert.
Lou Jones is the lowest responsible bidder at
$17,425.
Moved by Councilman Wilson that the Blaney
Avenue culvert agreement be signed, awarding the
contract to Jones; second by Councilman Saich and
carried 5 - O.
F. Report of Recreation Commissioner
Councilman Pelosi asked approval of a summer
recreation program which would provide for supervised
play five or six days a week at a cost of $92 to $100
weekly. Councilman Lazaneo moved that Mr. Pelosi be
authorized to check with the Recreation Supervisor
concerning a summer program of five or six days a week.
The Council agreed without the necessity of a motion.
They asked for a check to determine whether the
City liability policy covers the situation.
G. Repor~ of Health Commissioner - Smo£ Control
Councilman Lazaneo read the current letter from
Mr. Linsky which told of Regulation No, 2. This
regulation which may contain controls over such heavy
industry as a batch plant is about to undergo hearings.
Mr. Lazaneo suggested further contact with Linsky in
order to be informed of the expected contents of this
Regulation No.2.
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VII UNFINISHED BUSINESS
A. Ordinances and Resolutions for Adoption
None
';';\ B. Street Lighti1l/LDistrict
City payments from July 1, 1956 to June 30, 1959
will total $7,517.50. Deducting the $1,375.63 remitted
by the County from the Street Lighting District fund,
the sum advanced by the City toward the street lights
equals $6,141.87 as of June 30, next.
The District is now on the tax rolls and the City
has received its first reimbursement in the amount of
$4,877.55. Two more installments on the current years'
taxes will follow.
The Mayor suggested the District be dissolved as of
June 30, 1960 through action next February.
C. Miscellaneous
None
VIII NEW BUSINESS
A. AppointmeTIt 9f Civil Defense Director
The Mayor appointed George Paizis, with the consent
of the Council.
B. Miscellaneous
1. Moved by-Councilman Saich that the bin of $442.00
to the Co~nty for the DeLeuw Cather Trafflcways
plan, be paid; second by Councilman Wilson and
carried 5 - O.
2, The Council asked that Mr. Myers be invited to
present as much of the master plan as is ready on
April 14 for study by the City Council.
3. Concerning the City Office, the Council asked that
Mrs. Zarko understand that the City cannot move its
offices until we locate another site,
IX PAYING BILLS
Moved by Councilman Lazaneo that warrants 679 - 689,
691 - 716 and number 632 be approved; second by Councilman
Wilson and carried 5 - o.
X ADJOURNED AT 12:50 A,M, until April 9, 8:00 P.M.
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