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CC 11-03-58 P. O. Box 597 Al 2-4505 c "[ ~ ~- (' F' . _u_ -- _.~-;.~:-~:¿.-'l'I'.TO l·L .1 "r-... ..'II , CUP E R TIN 0 CALIFORNIA MINUTES OF 1'i13 F.fGULŒ MEETING OF THE CITY COUNCIL HOVEMBER ), 19.58 Place: Time: 100Jl S&r&t~ga-Suùnyvale Road 8:00 P.I1 I II SALUTE TO ~HE FLAG ROLL CALL Councilmeu I'resent: Councilmen Absent: Lazaneo, Saich None Meyerholz, Nathanson, Pelosi, III MINUTES OF THE ?REVIOUS MEETING OF OCTOBER 20, 1958, were approved. IV ORAL COMMUNICATIONS None V PROTESTS, WRITTEN COMMUNICATIONS Considered under appropriate topies'-below. VI REPORTS OF OFFICERS ANt COMMISSIONS A. Attornev's Report Mr. Anderson said that a committee of the whole can drop the general laws of procedure. B. Report of Road Commissioner Councilman Saich said he will again check the con- dition of the roads. He requested that Boehme be given the order to stripe Stevens Creek Road. C. Report...£LJ'ol1ce and Fire Chief 1, ResidentE of Londonderry Glen petition the Council to install a traffic signal at the corner of Home- stead Road and Highway 9, Since the City Engineer has a conference scheduled with the Highway Division on this subject, the Mayor requested that he take the petition with him. 2. Surplus Property Office: An agreement to pay an additional 1% for bookkeep~ng purposes was turned over to the City Attorney. 3. California Disaster Office: A meeting on the subject of flood emergency activities is scheduled for November 13 at San Jose City Hall, The Mayor asked Mr. Fleming to attend, ~. Econolite Corporation: Lengthy letter listing the advantages and disadvantages of a cable suspended signal and a multiple signal indicator mounted on m&st arms with walk, wait tubes, vehicle detectors, etc. Material prices were quoted. The Council requested that the prices of portable signals be checked. 5. R. A, Hayler, Division of Highways: The freeway agreements exhibit map does provide a direct connection between the east bound traffic on Stevens Creek Road and north bound traffic on Stevens Creek Freeway by means of a left hand turn on the east bound ramp connection. tlanr.ing Commission Report 1. Due to the presence of :3 members only, the Planning Commission could not take any official action but did hold discussion of several items on the agenda in deference to applicants and members in attendance. The Council asked the City Clerk to write a letter to the Chairman of the Planni~g Commission calling - 2 - a'cte::l7,jC¡';,,- tic8 absences and asking them to hold spEoci'é!' N:ei:;ings in order to process applications and othE:'::' buE'iness dej.ayed as result of these unavoidable abp,e-''lces. 2. Ca:'~'.fornia R06dside Council: Excerpts relative to blJlboard control. 3. GeGrge L. Qu:nn: Appealing the denial of the PIGvning Commission for rezoning to lot sizes of 7,< úCO sa. ft. on an 11 acre piece of property north of P~llinge~ approximately half-way between Blaney '111(4 Highway q, During discussion Mr. Fleming was aH~ed to produce a cost estimate for a block plan in the s,Jutheas'c quadrant of the City, ~10ved by Councilman Lazaneo that the application of George L. Quinn, requesting 7,000 sq. ft. lots, be approved subject to the master street plan; second by Councilman Saich and carried 3 - 2, Nathanson and Pelosi opposed. 4, Karl Belser: Notice of block data collection now in preparation by the US Bureau of Census for the 1960 program, E. Report of City Sn~ineer 1, Six bids submitted for the construction of a box culvet't, East Estates Drive and Regnart Creek. Low ~ld was ~7,ò78.00 by Oscar E. Holmes. Moved by Council~an Sa:ch that the contract be awarded to the low bidder and the standard form of contract be executed by the Mayor. Second by Pelosi, carried 5 - 0, 2, The State has denied our request for a small portable or overhead suspended EJ 19mÜ, but has offered to 10ó.r, a. 'cra{1':LC a-,tuated signal if the City will pay ·c11e ~os~ of irst3~:q~icn~ F. Report .fLRe..Q1'..~.àPor!.J.'cm!!!is'§_~9..';LeL None G, Report of HealtILÇ,Ç~~Ü_f!.f?.1qr¡l!.1' - Smog_.£Qr¡trol Nr. LazaneJ will ¡teet with Mr. Forbes of the Air Pollution District Novelliber 8 in the City Office. VII UNFINISHED BUSINESS A. Ordinances and Resol..£!~_ fqr Adopt1,on 1. Ordinance No, 64 - Amending Section 1 of Ordinance 2 by reclassifying a certain portion of the City - Balas property. Second reading. Moved by Councilman Lazaneo that full reading be waived by unanimous consent, inasmuch as no changes have been made since first reading. Second by Saich and carried 5 - 0, Moved by Councilman Saich that Ordinance No. 64 be adopted; second by Lazaneo and carried 5 - O. 2. Ordinance No, 66, establishing speed limits and safety zones at or near Cupertino High School. Second reading. ~. Mcved by Councilman Lazaneo that a full reading of Orà.inance No. 66 be waived by unanimous consent, ir,asmucr. as no changes have been made since the first :ceadi~g. Second by Saich and carried 5 - O. !Joved by Councilman Saich that Ordinance No. 66 be adopted; second by Pelosi and carried 5 - O. In discussion over the type of traffic signal to be used at Miller Avenue and Stevens Creek Road, - 3 - Coun0Jlman Meyerholz moved that Ordinance No. 66 be recon5idered¡ second by Lazaneo and carried 5 - O. City ClerK was authorized to take quotations on port?ble 1;raffJ.c signals, 3. Ordinance No. 67, approving the annexation of certain contigious uninhabited territory - designated Homestead 2A. First resd~ng was held, B. Miscellaneous 1, The resignation of R. I, Meyerholz, as stated in his letter of October 21, was taken under consideration. Moved by Councilman Pelosi that the resignation be accepted; second by Counoilman Saich and carried 3 - 1 - 1, Mayor Nathanson opposed; Councilman Meyerholz ab5tained. The resignation is effective November 5, 1958, 2, Councilman Pelosi suggested the purchase of equip- ment for the purpose of copying certain maps such as the Exhibit maps for attachment to rezoning ordinances, The Council agreed, 3, November 1 was recalled as the day on which Mr, Eldridge is supposed to have his gas station (Silverado and Highway 9) set back to the proper point. An extension had previously been granted until the above date, VIII NEW A. BUSINESS Assessment Hearinfõfor Work and Improvement In Corte Madera Highlands cal Improvement District was held at this time. Edward Cummings and Attorney: Letter of protest re Corte Madera Highlands Local Improvement District. Donald Snow: Letter of protest re assessments in LID 2. Austin Warburton, Attorney for Kyne and Cummings, owners of the majority of property, told the Council that the assessments vary considerably from lot to lot. His basic point is that all of the lots are designed for single family homes and this makes the "user" in ell the sites substantially the same. He stated that the cost of the trunk line should be shared by other tracts downstream, He also called attention to Lot 54 and declared that it should be excluded from the lateral assessments since plumbing facilities (septic tanks) alre~dy exist on this homesite, The Mayor asked the City Attorney to brief the Council concerning their duties in the matter, Mr, Anderson explained that the Improvement Act of 1911 requires the engineer of work to spread the assessments in compliance with law, It provides that a diagram be prepared from which the benefits arising from said work may be estimated and the assessments proportioned accordin~ly. Mr. Anderson said that the bond purchasers and futuré homeowners have an interest involved as well as the S11lJd i v ide rs. The Counc 11 should inspect the formula applied to see whether it is equitable. Kyne and C¡,;;n1111ngs have entered into an agreement by which the Sanitary District will pay the cost ($6,J03.00) for rero~ti':g and enlarging the sewer line. ~1r. l'leming, City Engineer, said that September 16, 1957, 18 the date on which property owners first petitioned the City to form the LID (the petition represented 100% of own2~ship), Lots 29-49 were later eliminated except for the sewer system, due to a water problem. The plans were re7:sed and a notice to biders was published with thé contract awarded to A. J. Peters on November 25, 1957. - 4 - IX PAYING BILLS Moved by Councilman Lazaneo that warrants 518-521, 523-527, 529-536 and 538 be paid; second by felosi and carried 5 - 0, MEETING ADJOURNED AT 12:10 A,M. until November 7 at 8:00 P.M, x Respectfully submitted, LAWRENCE K. MARTIN Administrator-Clerk ADJOURNED REGULAR r.EETING - FRIDAY, NOVE~æER 7, 1958 8: 00 J?!1, In reviewing his previous presentation, Mr. Warburton requested "better equity than presently provided." By this he meant that the totz.l se~;er figures should be spread and divided equally, lot by lot. The benefits conferred by the sewers are equal, he said. Therefore the burden or charges should like- wise be equal. Second he stated that the do~mstream and surrounding areas should contribute to the trunk line since it does or will serve other areas. Mr, Warburton concluded by saying that Lot 54, belonging to Cummings himself, should be excluded from that portion of the assessment in excess of the trunk cost, Mr. Anderson, City Attorney, said that the legislative body can revise or correct such assessments upon appeal and can confirm or amend the figures supplementing the diagram in such manner as it sees fit, In response to a statement of the Mayor, he said that the Sanitary District has approved the acts of the City and is now out of the picture relative to the improvement assessments ::>f the District, includJ:ng the sewer charges. The law provides ~hat the City decide the e~uity of the levies. Peggy L. McElligott, speaking for Kyne, took the position t:hat the Sanitary :Cistrict should pay more than the $630J.oo 'Úready allotted, since t'1e main serves other areas, The City ",as the power to make a contribution to the construction of the ~r0ject, she said, possibly on the basis of how much benefit '^' "'ives solely to the subdivision in question and how much to ohe general area, She questioned whether this section should ,,;,t purchase only a certain oapacity of the trunk line, i.e"