CC 01-20-58
p. O. Box 597
Al 2-450;
P18ce:
Time:
C I T Y 0 F CUP E R TIN 0
CUPERTINO, C !\LIFORN I'
MI'1JT17S OF TW: R-GUL',R iE"TIlVG OF rrH: CITY COUNCIL JANU.RY 20
1958
City Office, 10031 Ssratoga-Sunnyvale hoad
8:00 F.¡'¡.
Press Present: Miriam Soomil, Cupertino Courier
Roger Peal, Sunnyvale Standard
I
II
III
IV
ROLL CALL
Councilmen Prese~t:
Councilmen Absent:
Meyerholz, Nathanson, Paizis, Saich, Wilson
None
THE IIINUTES OF TEi', PREVIOUS MEi;;TING OF JANU,,.BY 6, 1958 were read;
the following corrections were noted: IV-A-3. after "intersectioè
line 5, add "for traffic proceEding away from the intersection".
Change City Hall to City Office. V-B, add "the Council requested
that the contractor be asked to repair Miller Avenue and the
plumbing contractor asked to repair Stevens Creek Blvd. where
the conduit was run".
PETITIONS AND COMMUNICATIONS
A. \'lri tten
1. Secretary of State:
Revised.
2. State Board of E,:ualization: Statement
Distribution for the period November 8,
4, 1957 - )83J.02.
3. County Controller:
December - .581.52.
4. County Controller:
City of Cupertino -
Certification of Blaney No. l-C
of Local Tax
1957 to December
Fines collected for month of
B.
Statement of taxes collected for the
Secured Taxes )"4 J04 92
Solvent Credits) -, .
5. County BoundAry Commission: El Camino No. J9A Annexation
to the City of Santa Clara. \Hnchester No. 12 to the Cit.
of S3TI Jose.
6. Treasury Dep"rtment: Announcement that any investor
other than commercial banks will be permitted to buy
Series E and H bonds beginning January 1, 1958.
7. State Controller: Advances in April to the City share of
the Motor Vehicle License Fee.
8. Attorney General: l"Ieeting of Chiefs of Police and
Sheriffs in Fresno January 31. Mr. Nathanson requested
a check to see whether the Sheriff would attend.
9. Elwood l"Iitchell: Request for meeting on behalf of
Cupertino Citizens Committee for Recreation.
Oral - None
UNFINIS~LL BUSINESS
A. Ordinances & Rpsolutions for Adoption
1. The Certificate of Insurance submitted for A. J. Peters
and Son was approved by the City Attorney as to form. He
is covered by the Indemnity Insurance Company of North
America, Hall and Rambo agency,
2. Also approved as to form was the contract between the
City Council of the City of Cupertino and Leo Piazza
Paving Company including his performance bond issued by
the Hartford Accident and Indemnity Com9any.
3. City Attorney reported he has studied the copy of the
franchise applicqtion submitted to the F.U,C. by Mayfair
Bus Lines. It 1 s a mat'-er for the Public Utilities Com-
mission. In response to a question by the Mayor, Mr.
Anderson said he will check to see whether they have the
right to change the route within the,City of Cupertino
without notifying or requesting permission of the City,
4, A bond form is required under the terms of Ordinance No.
42. I1r. Anderson submitted a Labor and Material Bond to
the City for approval. In response to an objection of
the Nayor the words "in or to an amount not exceeding the
alT.OU:lt hereinabove set forth" were stricken to a void the
possibility that the City might be required to pay the
differential between an estimated cost and an actual cost,
-2-
5. Also adopted was a Faithful rerformance and Completion
Improvement Bond after a slight correotion. Moved by
Councilman Saich that the bond forms as presented be
ado'pted; seconded by Councilman Paizis, carried 5 _ o.
6, Moved by Councilman Nathanson that a full reading of
Ordinance No. 44, a frsnchise epabling ordinance. be
waived by unanlmou.s consent and the ordinance be adopted;
seconded by Councilman Wilson, carried 5 - o.
7. Moved by Councilman Nathanson that a full reading of
Ordinance No. 41, "~ordinance est8blishin~speed limits
on Stevens Creek Blvd,. be waived bv unanimous consent
and the ordir¡ance be adopted; seconded by Councilman
Wilson, carried 5 - o.
8, Subdivision Ordinance. A review of the ordinance was
made and several pOints were discussed. For consistency
the word "master plan" wherever it appe'1red was changed
to "general plan",
In a discussion of Parre 17 relative to easements the
word "and" W9S ch"nged to "or" to eliminate the possi-
bility that an easement of 10 feet alone the rear lot
lin~ side lot line, and planting strips be interpreted
to mean 30 feet instead 10 feet. The 10 feet was deemed
necessary because a sewer line slone requires 6 or 8
feet. A discussion developed over the desirability of.
rear yard easements and it was st~ted that sewers are
better placed in the road but the rear yard easement is
sometimes necessary.
B. Application for fY'"'Dchlse. California Water Service.
Pending till Franchise Enabling Ordinance is effective. It
will then be considered.
C. Paul SWJDson
Mr. Lupkhardt, Attorney for Swanson, read his answer to the
Planning Commission letter of J3nuary 16. The main pOints of
disagreement involved the burden of paving up to the property
line on Stevens Creek Road, dedication on Vista Drive, and
Curb and gutter requirements. A lengthy discussion arose
but the centr~l pOint of contention involved the road dedica-
tion and Swanson took the Position that he would deed the
Position that he would deed the road at such time as others
along the ,street do likewise. He also stated that he did
not intend to build 'À!Jtil the car merket is tested at this
location;. Swanson does intend to blÜld a new Ford Agency,
explaining that the property is much too expensive to use
solely as a used car lot. The Chairman of the Planning Com-
mission said thet other applicants who have been gr2nted
rezonings h'?ve met the same conditions stipulated for Swanson.
Mr. Leonard maintained that the time to get the dedication
was at the moment of rfzoning. In respoñse to a question he
said that this is the basis for a general plan, Jack Fleming
distributed a paper giving a comparison of city and county
development requirements including several of the surrounding
municipal1ties.
After considerable discussion, the Mayor decided that the
matter be returned to the Planning Commission, then referred
back to the Council again. He called a special meeting of
the PlannIng Commiss ion for the following F'riday and a meeting
of the City Council on the Moeday thereafter.
D. Miscellaneous
Moved by Councilman Saich that Jack Flemin~ be apPointed City
Engineer at the rgte of ..1 00 per month; seconded by Councilman
Paizis, carried 5- O. The Mayor regd the letter of Jack
Fleming in which he submitted information concerning the
services which he can perform for the City of Cupertino in the
capacity of Clty Engineer. The letter pertained to the
retainer, subdivision checking and inspection, special projects
and miscellaneous engineering.
NS\<' BUSINBSS
Á. Attorney's Report - Nothing further
B, I-ieport of Road Commissioner
1. Councilman Saich asked the City Administrator-Clerk to
cont,:ct Kleinsmith, the general contr"?ctor, and Lee, the
plumbing contractor, concerning the street damage. Jack
Fleming reported that Piazza has spent one day burning off
G.
-3-
C.
the ridges on Stevens Creek B1vd. to eliminate the excess
seal coat. Thus :far he has spent only ',,500 and intends
to wait until Spring, examine the road at that time and
spend the balance of the money only if the road condition
warrants.
2. Mr. Saich requested that Hawkins & Hawkins Sign Company
be asked once more for the 1958 catalog.
Report of Police and Fire Chief
1. Mr. Nathanson, the Chief of Police, read the t~affic
violations cited for the six month period July to Decembe¡
2. He also reported that Homestead Road is nuw a J5 mph zone
from Wright Avenue West. It has been agreed to make a
45 mile zone from Wright Avenue to Highway 9. This will
be tried for about three months and will require an
ordinance if satisfactory at that time.
J. A crossing guard requested by the Catholic Church adjaceni
to their crosswalk on Highway 9 has proven to be unneces-
sary according to a pedestrian count taken by the Sheriff'
Department. Elimination of the crosswalk has also been
recommended, to which the Church agrees. Moved by
Councilman Wilson that the Sheriff be instructed to
eliminate the cros~walks on Ste.ens Creek Road and High-
way 9, seconded by Councilman Paizis, carried 5 - O.
Report of PL~nnin~ Commission Chairman - None
Appointment of Planning Commissioner
The Mayor appointed Earl T. Fischer to the vacant seat.
Cupertino Citizens Committee for Recreation
Elwood Mitchell summarized the recreation situation in the
area. He said that the various districts are impotent indi-
vidually and re~uire coordinated action. He asked whether
the City will be in a position to embark on an acquisition
and park site development program in the near future on
whether it preferred to expand on the Tantau Recreation to
include the City of Cupertino, He said that the eventual
decision will need the backing of the City Council. Anything
that happens will affect the citizens of Cupertino.
!'11scellaneous
The Mayor reaß the legal description approved by the County
Boundary Commission, along with maps, for the proposed sub-
division on the east side of Portal Avenue.
D.
E.
F.
VI ADJOURNME~T - 11:20 P.M,
SP5CIAL MEETING OF THE CITY COUNCIL JANU!~Y 27, 1958
Place: City Office, 10031 Saratoga-Sunnyvale Road
Time: 8:00 P.M.
Dress Present: M, Soomil, Cupertino Courier
R. Beal, Sunnyvale Standard
D. Cox, San Jose Mercury
ROLL CALL
Councilmen Present: Meyerholz, Nathanson, Paizis, Saich, Wilson
Councilmen Absent: None
~WANSON REZONING
The Mayor referred to Item 2 of the requirements which reads
"Sanitary sewers and storm drainage: Easements required by the
Board for storm and sanitary sewers, suitable deposit with City
for storm sewers, amount to be determined by Council, plus pay-
ment according to formula of Sanitary District for sanitary
sewers." He objected to this condition stating that the streets
wöuld serve the needs of the Sanitary District for sewers and
storm drains and the City is requiring dedications, He maintaineC
l;r.at the reuirements stipulated road dedication which should
accommodate the sanitary district and in addition demanded an
eaSðme~t across the property which he said would cloud the title
gtving the sanitary district the right at any time to demand an
easement anywhere on any property if this policy were to become
3 precedent. Mr. Nathanson said that this is supposed to be a
',lue print for subsequent development and there may be places
.'here a storm drain 1s not available in the right of way or where
the storm or sanitary sewers must be run through the rear or back
of the property rather than under the streets. The Mayor objecteL
inasmuch as there is no plan for the City specifying such a con-
dition. He added ~.~'::~. th~ City has the right of eminent domain