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CC 10-07-57 p. O. Box 597 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OCT, 7. 1957 Al 2-4505 Place: Time: Collins School, Teachers Lounge 8:00 P,M. Press Present: Mrs. Kerr, Cupertino Courier Mrs, C13rk, Sunnyvale Standard I ROLL CALL Councilmen Present: Councilmen Absent: Meyerholz, Nathanson, Paizis, Saich, vlilson None II THE MINUTES OF 'l'HE PREVIOUS ¡>rLTH;G OF SEPTEnBER 16, 1957 were read; the following correction was noted: Item V-D-Line lO delete "thé county", insert "City Ordinance 2". III PETITIONS AND COMMUNICATIONS A, Written l. Frank B~ Durkee: Acknowledging receipt of Resolution No. 49, Attention of the California Highway Commission and the State Highway Engineer will be directed to this Resolution, 2, Resolution No. 44.9, Local Improvement District No, 2 of the Cupertino Sanitary District: Requesting consent of the City of Cupertino to construct sewers and appur- tenances of the streets, etc. in the City of Cupertino. Moved by Councilman Saich that consent to this Sanitary District Resolution be granted on the same oonditions specified for LID 1; seconded by Councilman Paizis, carried 5 - 0, ). Bóundary Commission: Latest annexations within three miles of the City of Cupertino, both to the City of Los Altos. 4, State Board of Equalization: Local tax distribution for the period July 6 to August 7 - :~2945 .54. IV UNFINISHED BUSINESS A, Ordinances and Resolutions for Adoptton After a reading of Resolution 58, Councilman Nathanson moved adoption; seconded by Councilman Saieh. carried 5 _ ~ The resolution authorizes Lawrence K, Martin to sign for and accept surplus fede~al property in accordance with the conditions imposed by the agencies named. B, Social Security Agreement and Resolution Mr. Anderson explained that the Social Security System operates primarily under federal control with the national government designating the several states as agêncies to administer the program, He requested that the optional exclusions include the City Attorney who qualifies for this exclusion by virtue of being retained on a fee basis, He felt that the benefits and costs of OASI are not designed to fit the present City Attorney position. C. Rental of City Hall - Signin~ of Lease Councilman Wilson requested an estimate of the furnishings. Moved by Councilman \{ilson that expenditures of $400 be authorized for removal of partition and other necessary renovation and repair including painting; seconded by Councilman Paizis, carried 5 - O. The Mayor requested that a statement consenting to the aforementioned alteration be presented to the Zarkos for signature inasmuch as the lease contained a clause prohibitin, alterations, Resolution No, S7 was adopted on motion by Councilman Saich¡ seconded by Councilman Wilson, carried unanimously, This is a resolution authorizing rental of office space to be used as a City Hall. D, Corte Madera Highlands LID A letter was introduced showing that Chester Damico had notified Messrs. Kyne and Cummings that the Water Works of Monta Vista will not be able to serve the homesites other than the 28 lots for which they have already committed themselves, due to the critical nature of their water resources. -2- E. In this connection a petition was presented requesting exclusion from the Corte Madera Highlands LID, Lots 29 to 49 inclusive were those reouested for exclusion ,(being' those lots a¡ong the entire Auburn Lane and partially upon Mann D:t'1ve) . In response to a question concerning the City's interest in this matter, Mr, Anderson stated that tQe pertinent statute authorizes the City to oversee the proceedings.. Jac]{ Fleming of Nark Thomas. Company said that detailed plam have already been accepted and approved, The present requeE seeks only a slight revision. Mr, Anderson explained a resolution granting consent to Cupertino Sanitary District for, among other purposes, constructing and operating sewage collection systems in Local Improvement District 2, This will be Resolution S9, City of Cupertino, (See III-A-2, above) Resolution No. 60 was introduced. This is a resolution directing engineer of work to prepare and submit plans and specifications for proposed changes in work of improvement in Corte Madera Highlands Local Improvement District, with estimate of increase or decrease in cost of said work by reaSon of such changes. Councilman Wilson moved adoption; seconded by Councilman Saich, carried unanimously. Mr, Anderson referred to a resolution adopting the prevailing wage scale for the City of Cupertino for public works in said City, Councilman Saich moved adoption; seconded by Councilman Wilson, carried 5 - 0, Town and Country Subdivision Streets The Council was informed that John Rodrigues has agreed to perform work satisfactory to the City on the intersection of Rodrigues Avenue and Highway 9 and the access road runnin parallel to Highway 9 and intersecting Rodrigues Avenue. When the work is complete Rodrigues will offer the deeds to Rodrigues and Western Avenues plus one foot easements on each and the 45 foot access road mentioned. Miscellaneous Mrs, Atkinson asked the Council what developments might be expected on the proposed chrysanthumum bed, south side of Rodrigues, Burrel Leonard, Chairman of the Planning Com- mission, made a report in which he spoke of the interim uses which may be anticipated in the transition from orchard to residential or other uses, He said that other inquiries indicate that this will not be an isolated instance but that the City should adopt a policy which would serve as an answer to future problems. This matter is important because of its precedent-setting POSSibilities, He said that the residential view is now a minority opinion in terms of economics and people. He also said the question of property devaluation is important. The Mayor asked the City Counsel what remedy the Council might offer in this instance. Nr, Anderson replied that if a majority of the City Council feels that this operation is a menace to public health, safety or welfare it might enact an ordinance abating this hazard or nuisance, The Mayor then Oãlled· før ane:¡ :p,rèssion fram. tb9 Council. .Tlile con", sensus was· that a meeM.ng· should be called to effect a sui t- able compromise, that the City Council should take the matter under advisement and that it should remain in the han of the Planning Commission for continued scrutiny. There wa some difference of opinion as to whether the agricultural exemption and consequent waiving of building inspection prevail in an R-l:B-2 zone under agricultural usage or whether the zoning must contain the A designation before building inspection is waived. Mr, Nathanson said it was his feeling that the City Council should see that a compro- mise and amicable agreement is reached. The matter was rested with the understanding that a meeting would be called when counsel for the residents returned from vacation, at which time the interested partiep would be notified. The question, of the one foot easement was brie~ly explored as to whether or not crossing of this easement constituted tr.espass,.And if so, who might be the injured party and who 'might prevent, The City is presently consider lng A:C(1AT)t:~n""'Þ_ n.(' +"'i ro '"'Yo",," Ç"__.... ____-'___.... F. , . . þ , :r,;, ,- . ,1' ~ -)- V NE1~ BUSINESS A, Dedioation of Street at Collins School Intersèct10rt After examination of the papers including map, Councilman r~lson moved that the C1tv accept the road! desi~ated parcel A. if and when the papers are dee~ed 1~~~~; aeconded by Councilman Paizis, carried 5 - o. B, Attorney's Report - None C, Re~ort of Roads 2nd Maintenance Commissioner Clarification ot a McCarthy bill, long under considerJtion, was again requested, D, Re~ort of Police and Fire Chief 1. Councilman Nathanson requested that the notices be sent out for the next meeting of the local. Traffic OfficialE to be held at Lawrences Restaurant. Cupertino is host, November 5. ' 2, Stop signs were reported down at the corners of Bollin- ger and Highway 9 and Stelling and Stevens Creek. E, ~larterlv Report of Treasurer Balance as of June )0, 1957 $l5))7.5) Receipts: Planning Commission $ 8).80 Licenses and Franchises 521,21 Fines 1987,)8 Sales Tax 3207,8) En Lieu Tax 1l24.00 Miscellaneous =_.40.00 ~6964.22 Total ;)22301.75 Disbursements Warrants 211 to 2)4 Incl. $ 9l06.87 Balance as of September )0, 1957 $1)194.88 Cash Position Cash on hand ~l)194.88 Time Deposit, First National Bank 18095,00 Uncashed warrants l1,SO Balance September 30, 1957 ~3l30).38 F. Miscellaneous 1. Councilman Nathanson moved that the retainer for Sam Anderson be raised to ~200 per month; seconded by Councilman Wilson, but vote postponed until figures for attorneys in comparable situations in nearby cities can be obtained. So moved by Councilman Saichj seconded by Councilman Paizis, carried unanimously. 2. The Nayor requested authority to appoint a committee of three to consider employment of a planning consultant for the purpose of preparing a master plan, The Mayor held this to be a motion and called for a second which he received from Councilman Wilsonj after discussion, defeated 4 - O. VI ADJOURNMENT - 10:)0 P,M, Re,pectfully s~bmitted, ~ 1··~\9-·U-.-«., .< í QCY.J\~ LAWRENCE K, MARTIN Administer-Clerk