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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