CC 10-15-56
p. O. Box 597
'-\.x 6-7064
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CrtLIFORNIA
REGULAR MEETI~G O? THE CITY C0UNCIL OCTOBER 15, 1956
Place:
Time:
Collins School, Teachers Lounge
8:00 P.M.
Press Present: San Jose Mercury, D, Cox
S'.mnyvale Standard, M, Soomil
I
ROLL CALL
Councilmen Present:
Wilson, Meyerholz, ¡.hthenson, Sc'ich,
Lindenmeyer
(None)
Councilmen Absent:
II THE MlNUT~S O? THE fR..VIOUS MEETING on 10-1-56 were read and the
following corrections were noted: Item IV-B-line 2, "with the
second reading to be given in 30 days" W8S corrected to read,
"with the second reading to be given at the next meeting, the
ordinance to be effective 30 days thereafter; Item V-E-line 2,
insert "After recommendation by the City Treasurer" before
"Councilm~t].. [,:8th<mson moved"; Same item, add "It was also moved
by Cou.nci1ms:.Jl.-ª?ir&, seconded by Councilman Meyerholz, and
carried S - 0 th..t nine cents ~er mile be paid to the City
Attorney and City Clerk for travel expenses, \\hen on City
business.
III PETIT IOES,NL CONIlUNI C.." '1'1 ONS
A. Writ ten
1. Pacific Gas and Electric Com~any sent word formally
accepting the Gas and Electric Franchises ßr~nted to it
by the City of Cupertino under Ordiuünces No. 2ó and 27
passed by the Council on the 17th day of September,
2. ::':'everal procls!Jlations were executed by the Mayor but not
re~~ eue to time limitations.
B, Oral
T,-Sheriff Ibwley explained that" new scr¡eC:ule was antici-
pc¡ted for his force within 8 fev; weelm. Additions to
his staff wJUld augment the Sheriff I s Office to the
extert of 50~. In discussing this new schedule, the
Sheriff mentioned th"t the City of Los ,ltos has a
w2apon ordinance which his office 1!!:Lld be g18Q to for-
ward to Cupertino. One of the provisio~s of this
ordinance specifies th,t any juvenile cc¡rrying c.ny
weapon must be accompanied by ~n adult,
In referring to radar, the Sheriff st"ted th~t it w~s
widely used throughout C~liforni8_ The unincorporated
arcé'S seem to be offering the m8jor 0Pt:Osition although
the :"-;Jposition as a vlhole is not gresc, He st~ted the
purroses of radar 8S thceefol{:
I, [etecting speeders
2, Psychological deterrent to speeding
3. Recording to determine whether a particular
street is being used for excessive speeds.
The C)\:c·"s·c.\ê)n i'1volvi,1g the use of raè.çt> to determine
speec'. 18 ·:~,_w being ';;qken to the ::;uprer,¡~ Court in order
to es ::Ü¡;r,: t,; J..eg811ty. Sherlff Ha\'l~.ey himself
recomli1~::::.~~· 1;he '~lse of rad8 r IJ
Councilmen S!ich sugcested a trial period. This sugges-
tion seemed to meet with gener'Ü approvplo Hayor 1iIilson
aslœd Councilmen Nathanson for his recOl~me',1d3tion in the
matter, Councilman Nathanson ~greed that I trial period
would be appropriate, and introduced the'.: ,'),jE")r, of
parking along Highway 9 betweer2 ,>11 :~.vcr'--",1~' StE;ven~
Creek HO;Jd. Counc11m9n N3thêl.n3c-t.'~ Y'::PC)):ts:: ~,!v-,. 00U::"-cy
TrJffic Engineer L. T. Smeltze~ ~elt that Ob6,,7~ction
of either the sidewalk or the roadway would be sufficicr'
grounds for enforcing parallel parking. Attorney
Anderson felt that the police power could serve to
regulate p~rking in this area. The possibility that a
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public nuisance existed in this situ2tion offered
alt~rnative grounds for regulation. One way to dis-
cover whether local authorities have the necessary
jurisdiction would be to issue citations to those
backing on to the State Highway and wait for someone
to test this power in the courts. Sheriff Hawley said
that backing onto the State Highway is illegal.
Councilman Nathanson said that the County Engineer will
not give time to the City except in a strictly advisory
capacity which does not require any substantial amount
of time.
IV UNFINISHED BUSINESS
A, Sheriff's Office - See III-B above.
B. Cupertino Cab Company - presentation of insurance policy
1. Mr. Peter Tormey, representing Andrew Clark to whom a
permit was granted to operate a taxicab in the City of
Cupertino last April, requested that public liability
reluirements be reduced, The cost of carrying the
insurance now recuired by Ordinance 13 amounts to about
$800. Mr. Tormey suggested that this worked an undue
hardship' ~n his client. Attorney Anderson told !1r.
Tormey to make a definite request in writing to the
Council who in turn might see fit to reconsider the
insurance requirements imposed by the Taxicab Ordinance.
Mayor Wilson advised the Chief of ?olice, the Road
Commissioner and the City Attorney to discuss the matter
in conjunction with the interested parties, and arrive
at a solution.
In response to a question by Councilman Meyerholz
relative to the decrease of traffic fines, Sheriff
Hawley speculated that the word may be out. He added
that the use of radar plus the addition of 24 men to
the staff will increase the amount of traffic control.
With reference to the possibility of a stop sign at the
corner of Highway 9 and Homestead Road, the Sheriff said
that the State evidently feels there is insufficient
traffic at the present time to warrant a stop sign. He
added that stop signs in themselves are not without dis-
advantages. Accidents tend to cluster around stop signs.
Traffic control incurs additional property damage but '
results in fewer deaths and m?jor accidents. He cited
Section 531 "Following too closely" as the major cause
of accidents.
Councilman Nathanson reiterated that the City is
interested in testing the use of radar. The Sheriff
said that he would put it in use and would produce
statistics but issue no tickets until the Council was
satisfied the device is beneficial. One of the main
difficulties said the Sheriff, is that each community
tends to keep traffic moving slowly throughout its own
area while expecting to trsvel through other communities
as though it were a freeway.
C. Miscellaneous
1. Mayor Wilson noted that October 22 was the date for the
protest hearing on San Jose's Madera No.8 Annexation.
He hoped to secure substantial protest to the annexation
2. The Council wished that a letter be sent to the Histori-
cal Landmark Committee of the City of Santa Clara
regarding the renaming of Stevens Creek Rn d. Cupertino
favors retention of the name Stevens, eit, r Stevens
Creek Boulevard or Stevens Boulevard woulu be dgreeable,
3. The Mayor requested th9t the State Depart-went of Finance
Office be contacted in order to consider the possibilit~
of applying for a local planning assistance grant.
V NEW BUSINESS
A, Attorney's Report
1. The Council decided to postpone consideration of the
Agreement for Maintenance of State Highways. This
Agreement involves maintenance of the traffic signals
at the corner of Highway 9 and Stevens Cree.!r Road.
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2. Attorney Anderson reported thRt subventions can be, and
h2ve been, used for a wide variety of purposes. The
main distinction in the use of funds lies between pro-
prietary and governmental functions, On this basis
expenditures for such items as pools or p~rks might be
questionable but the ordinary functions of road main-
tenance, police protection, etc" do not seem open to
question.
3. Councilmen Meyerholz moved that a full reading of
Ordinance 30 be waived on unanimous motion of the
Council; seconded by Councilman Saich and carried S - O.
Upon hearing the final section of Ordinance 30 Council-
man Saich moved th~t the Ordinance be adopted; seconded
by Councilman Lindenmeyer and carried S - o.
B.
Report of City Treasurer
1. ~uarterly Report of the Treasurer,
Balance June 30, 1956
Receipts:
City of Cupertino:
October 1, 1956
:,,11181.65
ilanning Commission
Licenses
Fines
General
:;p 316.12
1385~76
1127.72
3399.63625~.23
~174J5.88
Disbursements:
Warrants 68 to 104 inc. ~ 3492.52
Balance as of September 30,
1956 $13943.36
Cash Position:
Cash in First National Bank
of Cupertino ";,14252.77
Uncashed warrants 309.41
Cash balance,p13943.36
2. £Q£ncilman Lindenmeyer moved that the Finance Officer's
report be approved as read; seconded by Councilman Saich
and carried S - o.
C. Report of Roads and Maintenance Commissioner
1. Councilman Saich referred to the speed. limit on Highway
9 and suggested that the State be cont9cted in order to
determine what speed may be expected on th~t road.
Councilman Nathanson suggested th~,'t we write the Div-
ision of Highways to the effect that we are in the
process of making a survey and that we would like to
discuss the matter with the St:~te with the aim of setting
a speed limit agreeable to all parties. The Council
agreed that this was a good idea.
D. Report of Police and Fire Chief
1. No report.
E. Report of Building and Health Inspector.
1. No report.
F. Miscellaneous
1. Mayor Wilson sugðested that Cupertino send a representa-
tive to Los Angeles for the League of California Cities
Convention held October 28 to 31st. He sugGested that
Burrel Leonard act as represent3tive of the Nayor.
Councilman Nathanson then moved that Burrel Leonard, if
he has ~he time available, represent the City of Cuper-
tino at the League of California Cities meeting, to
investigate planning and other matters, ~.·i th sui table
expenses; seconded by Councilman Saich 1'11: £~:l_rried S - 0
2. Burrel Leonard told the Council of the 1- ~st develop-
ments in the gas station applications, wittl particular
reference to the eventual width of streets such as
McClellan and Highway 9, near McClellan and Silverado.
The question involved eventual projection of existing
streets. Silverado for example might be cut through to
Blaney..
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3. ~fter some discussion Councilr.¡sn 3'-;ic\1 moved th'?t I1rs.
Justice be offered ~2,OO an hour, four hours daily;
seconded by Councilman Neyerholz and carr'led 4-·- 1,
¡"¡ayor \Hlson opposed,
VI ADJOURNI!LFT ,lt 10:50 i.N.
Respectfully submitted,
kú..,.-\9....-~
Luwrence K.
City Clerk
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