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CC 09-02-58 P. O. Box 597 Al 2-450S C I T ~ 0 F CUP E R TIN 0 ---CÛPEB.TÏÑO, CALiFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2, 1958 Place: 10031 saratoga-Sunnyvale Road Time: 8:00 P,M. I SALUTE TO THE FLAG II ROLL CALL Councl1men Present: Lazaneo, Meyerholz. Nathanson, Pelosi, Saich Councl1men Absent: None III IV v VI THE MINUTES OF THE PREVIOUS MEETING OF AUGUST 18, 1958 approved as mal1ed, MR. S'rEVENS CONCERNING MILLER AVENUE The superintendent of the Fremónt High School District acknowledged receipt of a sketch from the offlce of City Engineer desorlbing the proposed improvement of Ml1ler Avenue. Mr, Stevens explained that the school d1strict wll1 brlng 18 feet on the east side of Miller Avenue up to the specificatlons of the City of Cupertino. The Clty has previously commltted ltself to bear the expense for S of those feet on the east slde of the road. The Fremont Hlgh School Board has given its approval to th1s plan; sinoe there were no objeftions from the C1ty Council that matter was deemed settled. Mr. Stevens then requested that the Clty give con- sideration to the rezoning of the frontage owned by the school distrlct to commercial use, After a reference to park1ng and an explanation from Mr. Stevens as to the current method in mind the Mayor appointed the Clty Eng1neer and Planning Consultant to confer with the School Board concerning the street and park1ng pattern. Mr. Fleming suggested that the City re1mburse the school dlstrlct for the 5 feet of pavement upon proper presentation of receipts, the same to apply on the other side of the street. This avoids the necessity of J pavlng contracts, lnstead of 2. ORAL COMMUNICATIONS None PROTESTS, WRITTEN COMMUNICATIONS A, Mr. Flemlng presented a letter from the Rousseau Company together w1th a final map whlch has been electronically checked and apparently did not quite close. Moved by Councilman Lazaneo, seconded by Councilman Saleh that the City accept. the map subject to final computation of the City Eng1neer. Carrled 5 - O. By agreement Item VIII-A-4 was moved ahead on the agenda to VI-B in order to accomodate an overflow crowd present to hear the vote on the ordinance rezoning the Aronsen property, The Mayor threw the matter open to d1scussion a~d the following people addressed the City Council on the subject: John Hope, Brainerd Plehn, Russell Roessler, \"r~.lHam Clark, Anne Marle Plasjack, Eugene IIScrapironll :[o:mg, Harry Gamel, Paul Appling, Constance Youngs, 3arbara Parker, Dan O'Brien, H. A. Makrauer, c, .., ~~e Mayor then read the new letters protestlng the re~oning, J in number, including 1 from the Cupertino ~ç)ool District. - 2 - After further discussion Councilmen Pelosi and Lazaneo withdrew a prior motion to table the ordinance for further study. Then Councllman Sa1ch moved that Ordinance No, 58, rezoning a portion of the property known as Sirola Lands Ltd. from M-l-H to M-2-H, be denied; seconded by Councilman Meyerholz and carried ~ - 1, Counoilman Lazaneo opposed. VII REPORTS OF OFFICERS AND COMMISSIONS A, Attornev's Rep-ort Mr. Anderson introduced a Resolution No. 102 requested by AFt-ClO proclaiming the period of September 1st through 7th as Union label Week, Councilman Lazaneo moved adoption; second by Councilman Saich and carried 5 - O. B. ReÐort of Road Commissioner. None C, Report of Police and Fire Chief 1. Mayor Nathanson told of requests for police and fire protection from residents along Prospect Road and the south side of Bollinger. Both locations are beyond the City limits, 2. Letter from Mrs, Alice McCullough relative to the control of traffic speeds on Homestead Road between Highway 9 and Lawrence Station. She requested that traffic be limited to 25 or 35 MPR. D. PlanninA: Commissl'on Report None, due to change in Planning Commission schedule; no Planning Commission meeting since last Council session, After discussion a motion was made by Councilman Pelosi, seconded by Councilman Lazaneo that the Planning Commission report to the City Council be made by Mr. Martin in his capacity as Clerk to both bodies, with the minutes to be transmitted as well. Carr1ed 5 - o. E. Report of Citv ~A:ineer 1. Mr. Fleming produced a copy of the Cupertino Street Defficiency Report 1958 and requested permission to forward same to the State Division of Highways, Councilman Lazaneo moved that the report be sent to the State and a copy be filed in the City Office; seconded by Councilman Pelosi and carried 5 - 0, 2. With regard to storm d~ainage Mr, Fleming explained that an easement granted to the f~ood control district will be cred1ted to the off-tract drainage deposit by the City. Mr, Anderson suggested that the City retain the title to the easement and deal directly with the flood control district rather than have the subdivider grant the easement to Flood Control. F. Recreation Report Councilman Pelosi suggested a plan which would require a subdivider to contribute to recreation. He said that the City of Santa Clara currently requires among its development costs the sum of $25.00 per lot from each subdivider, The Mayor recommended that Mr, Pelosi confer with the recreation director of the City of Santa Clara and report his findings at the next Council meeting. G. Miscellaneo~ 1, Inter City Council: Cupertino is host City on September 4, 2, Mr. Fleming reported that progress is being made toward the acquisition of right of way along Highway 9 at Homestead, 3. The Bonacich building permit was discussed with the · - 3 - exchange of 1deas helping somewhat to clarify the building permit procedure. VIII UNFINISHED BUSINESS A, Ordinßnces and Res~lution for Adoption 1. Ordinance No, 0 - rezoning ~amaoka property. First reading held. 2. Ord1nance No. 61 - rezoning Workman Subdivision. First read1ng held. 3. Ordinance No. 57 - "Stelli~g No.2" Annexation, Moved by Councilman Lazaneo that the final reading be waived by unanimous consent; second by Councilman Meyerholz and carried 5 - 0, Moved by Councilman Lazaneo that Ordinance No, 57 be adopted; second by Councilman Sa1ch; carried 4 - 1, Councilman Pelosi opposed. 4. Ordinance No. 58 - Simla Lands Ltd. rezoning, Second reading. See VI-B Above. 5, Resolution No. 100 - Procedure. Mr, Anderson introduced a Resolution Establishing The Rate Of Compensation For City Attorney And Describing The Duties Thereof. Councilmen Lazaneo and Pelosi questioned the wording of the resolution and after some discussion Mr. Anderson concluded that he himself was not entirely satisfled with the language therein and asked that it be held in abeiance until next meeting.. 6. Resolution No, 101 - "Homestead 2A" Annexation. Moved by Councilman Saich that the Resolution be passed, seconded by Counoilman Meyerholz and oarried 5 - o. B. Miscellaneous Councilman Lazaneo referred to the files of the Planning Commission, recently delivered to the City., Office and containing checks in the amount of $560.00, He requested clarification of procedure. The Coùncil agreed that the Planning Commission funds should be processed quickly through the normal City channels by the City Clerk and City Treasurer and the Planning Commission should be apprised of this system. IX NEW BUSINESS A. M1soella~eous 1. At the suggestion of Councilman Pelosi a rubber date stamp for the purpose of marking the receipt of .. mail was ordered, a. Reference was made to the Murphy property on North Highway 9 now being used for an industrial purpose without benefit of a use permit. 3. Mr. Meyerholz said that the Cupertino Union Church has a sign almost ready for installation and he requested the sign permit procedure. PAYING BILLS Moved, seconded, and carried that the bills be paid. ..:~ C ADJOURNMENT 12:20 A,M, R spectfully submitted, ) f<. (ti'J£~ i-JRENCE K, MARTIN Administrator-Clerk I