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CC 01-27-58 -:3- C. the ridges on Stevens Creek Blvd, to eliminate the exoess sea:!. coat. Thus far he has spent on:!.y /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 ~olice 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 Wri~ht Avenue West. It has been agreed tç 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 satisfaotory at that time. J. A orossing 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 i Department. Elimination of the crosswalk has also been reoommended, to which the Church agrees. Moved by Councilman Wilson that the Sheriff be instructed to eliminate the cros~walks on Ste7ens Creek Road and High- way 9. seconded by Councilman Faizis, carried 5 - O. Report of Flannin~ 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 eventu~l deoision will need the backing of the City Council. Anything that happens will affect the citizens of Cupertino. Misoellaneous The Mayor read 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. G. VI ADJOURNMENT - 11:20 P.M, SPECIAL MEETING OF THE CITY COUNCIL JAtnJ!~Y 27, 1958 Place: City Office, 10031 Saratoga-Sunnyvale Road Time: 8:00 P.M, Press Present: M, Soomil, Cupertino Courier R. Beel, Sunnyvale Standard D, Cox, San Jose Mercury ROLL CALL Councilmen Present: Meyerholz, Nathanson, Paizis, Saich, Wilson Councilmen Absent: None S'dANSON 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 ctat the reuirements stipulated road dedication which should accommodate the sanitary district and in addition demanded an easament across the property which he said would cloud the title gj.ving the sanitary district the right at any tÞe to demand an easement anywhere on any property if this policy were to become a precedent. Mr. Nathanson said that this is supposed to be a ')lue print for subsequent development and there may be places Þhere a storm drain is 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 objecte~ inasmuch as there is no plan for the City specifying such a con- dition. He added ~.~,,~. t!1".! City has the right of eminent domain -4- in addition to the streets. Mr. Anderson said that where the Sanitary District has touched the fee. they have had to buy the rights in the past. If the lines do touch private property the district must fet either consent or buy the property. !1r, Luck- hardt said that this was a point he had not considered but it is his understanding that the sewers will be in the street. Jack Fleming said it is possible that a sewer easement might be required at the re9r of the property. The Hayor s2.id that he is agreeable to the present conditions only 011 the Lmderstanding that they be applied to this specific case and no~ set a prece- dent. Mr. Luckhardt re~uested a letter from Otis Forge, Chairman of the Sanitary Board, saying that the easements required are in the ded icated right of t'Jay, . He said he did not wc3nt a Hancl.ering easement, Mr. Leonard took the position that the Planning Com- mission has tried to get the appl,icant to approach the Sanlta:ry Board. The question now before them should have been resolved at the hearing stage. Mr, Luckhardt said that if the property goes to the centerline of Stevens Creek Blvd, they will dedicate 15 feet back from the property line. He said however that they have no idea where the entrance onto Stev~ns Creek Blvd, will be and would like to construct a curb and sidewalk on Stevens Cre~k Blvd. for 70 - 75 feet east of Vista until they determine where the entrance will be. This will avoid the possibility of tearing up the curb and walk. The Council agreed and said the matter could be handled by the building permit. Moved by Councilman Nathanson that comm~ cial zoning be granted to Swauson and th~ ~ttornev be instructed !.Q.ßr8w th~ ()r1LU1;¡l1c~; seconded by Councilman Paizis, carried 5 - O. I'he Mayor cast his vote with the reservation above. III CUPERTIFO CITIZENS COWUTTEE FOR RECR'CATION Elwood Mitchell, spokesman for the group, identified himself as a' officer of the County SChool Department. Also present were Bill Payne, a director of the Tentau Recreation District, Bob Bostwick, :,ttorney for the Tantau Recreation District, and Sam Lawson, representing the Cupertino School District. Mr. Mitchell said they h?ve formed an informal committee to define policy in this area and determine what agency or combination of agencies can best do the job, ~hile the school districts do provide some recreational facilities they are bound by a statutory tax limi- tation of five cents with which they cannot establish a park system, he said. They wish to leqrn from Cupertino if any plans of the City Council may conflict with those of the County or Tantau Recr0~tion District. Hould the Council consider expansion of Tantau to include the City or any portion thereof. It is feasible he said to expand the boundaries at the will of the people, tax, and plan for acquisition of property to develop a re~reat ion program. ~'he Mayor said that Nr. Paizis is supposed to keep the CouncJ.l advised. He pointed out that the City com- prises only 1/5 of the Cupertino School District. Mr. Mitchell f3greed with this but said that Cupertino is in a strategic posi- ti0n and Tantau district cannot expand without touching the City. The Mayor read an erticle by Roy Simpson, State Superintendent of Education, to the effect that the School District with its ò~ildings, playgrounds, equipment, etc. should bear the respon- Sibility for a community recreation progr?ffi and that the school facilities should be fully utilized. Mr. Mitchell said he thought the school is taking the leadership but that there is insufficient money in the school budget to provide recreation for the community. There is a tax base of Jl million of which the City of Cupertino would comprise only a tenth but would be impor- tant in the leadership and sup~ort faøtor. Mr. Bostwick explaineõ that with the permission of the City Council a petition sißned by one-quarter of the voters could make the City a part of the Tanta: Becrestion District. Nr. Hitchell went on to say that Gladys 3n:'der of the State Recreation Department has advised that the Le£:t solution is to expand the Tantau District unless the City 1£; ready to proceed on its own. WitÞ. the property values rising no." 8aelns to be the time to begin an acquisition pro¡rram, Sam LawsoL b;Üd ttat he felt the school progr3m is at its maximum today. '¡'heir nl~le week sum,per pl'ogram has an .4DA of over 600. In res- ¡,O;1.se to " ouestion by Councilm'm Nathanson, Hr. Mitchell express, r'eadi:'18FJS to ¡;se m1Y surplus school property for recreation pu:.poseE' but noted 1;b.at the school acr'eage is chosen in order to accommodate the j,nEvj~a:'Ùe expansion. The 11ayor proposed that the recreation pr0g:('F1 1-,8 unified to the extent that the County R~,pectfullY submitted, ____~ . I '{v..L.""\}..~(,.ß.... I,'" {)JIl....l"'..J...... LAv;RENCE K, HARTIN ,dministrator - Clerk IV MISCELLANEOUS A. !10ved by Councilman 'dlson that ~lark Thomas be paid the~500 for engineering service rendered in the drawings and report to the Division of Highw~ys re location of Route 114; seconded by Councilman faizis, carried 5 - O. The Mayor said that this money woulù be drawn fpom the Highway Fund. B. The ¡VJayor said th8t thejwanson matter makes him request a plan to handle future applic8tions and layout a town site. He wants the City Council to instruct the Planning Commission to tell the Consultant what to do. Mr, Leonard said that a work session has been scheduled for Wednesday at which a priority list will be established. Councilman Wilson said he felt Mr. Myers mission is to make suggestions to the Planning Commission. V ADJCT,'Rt'MENT - 10:30 F.r,!. be made the responsible agency with a uniform tax ~ate thus relieving the bedroom com~\U1ities of the burden by sharing the industrial taxes. He promised the committee that the Council will discuss the matter in executive session in the near future. -5- ,