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CC 08-05-57 p. O. Box 597 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIll MINUTE3 OF THE REGULAR MEETING OF T¡ffi CITY COUNCIL AUGUST 5, 1957 A1 2-4505 Place: Cupertino SChool, Teachers Lounge Time: 8:00 P,M. Press Present: D. Cox, San Jose Mercury Mrs. Clark, Sunnyvale Standard Mrs. Kerr, Cupertino Courier I ROLL CALL CoUncilmen Present: Meyerholz, Nathanson, Paizis, Saich Councilmen Absent: Wilson II THE NINU ES OF THE PREVIOUS HE:':TING OF JULY 15, 1957' were read i the following correction wa,s noted: Item IV-B-Page 2-Line ll, delete "during the meeting". III PETITIONS AND C0I1HUNICATIONS A. Written 1. State Department of Public ~orks: In aiding the cities in the preparation of the Highway Needs Report, the Division of Highways has made the necessary arrangements to fly and photograph all small and medium size incor- porated cities in the state, 2. Jivision of Highways: The State is not in a Position to condemn the seven foot strip belonging to Cali, at the store front area, east of Highway 9, as it would be difficult to show that the property is required for highway purposes, The Park Parallel signs at this location will be removed. 3, State Department of Public Works: The quarterly alloca- tion of the S/8¢ gas tax to Cupertino for the quarter ending June 30, 1957, based on population of l,746 1s f~l,256.62, 4. State Department of Public Works: The quarterly payments to each city frequently vary from the apportionment for the same quarter as payments may be made to a city only to the extent to which expenditures have been delegated to that city which in general represent the approved budgeted gas tax funds for that City. The warrant 'repre-, sents the quarterly payment to Cupertino _ :'.l124,oo. 5, League of California Cities: Application of the Fire Grading Schedule of the National Board of Fire Under- writers. Councilman Nathanson referred to the possibilit of eliminating some deficiencies at small cost. He requested another letter to the National Board of Fire Underwriters to learn when they intend to make the next survey, 6. State Board of E~ualization: Recently revised forecasts of the proceeds of state administered sales and use taxes in cities and counties in C~lifornia in the 1958 fiscal year - Cupertino estimate - ~19,700, 7. City of San Jose: George St8rbird has been elected to take the place of the late Charles p. Burgess as State Director, Peninsula Division, League of California Cities 8. State Board of Equalization: State of Local Sales Tax distribution for the period May 8 to June 4 - ~129).89. 9. Division of Highways: Public hearing to be held at the Fremont Union High School, Thursday August l5. lO:OO A.M. to receive comments on proposed locations for Junipero Serra Freeway, 10. Bulot, ~uigley & Clark, Inc.: The Federal Government has now made available to cities, town, and other taxing bodies, funds for planning, engineering design and participation in financing the construction of water supply facilities, sewerage and sewage disposal, etc. League of California C1t1es: Meeting 9t 2:00 P.~" \ugUBt 8 at Berkeley Offlce of the Le...gue relative to extending the Federal Old Age and Survivors Insur~noe. Moved by Counoilman Paiz1s that the C1ty Clerk be _ instructed to attend tbis weeting¡ seconded by Councilman Saioh, carried 4 - O. Peaoe Off1cers' Association: Uniform press cards ,- Counoi man Nathanson requested that the City obtain a fe.w. League of Ca11forn1a C1ties: Suggested resolution favoring est~blishment of a Fire SOhool at S~n Jose J, C. and State College. The City Attorney was instructed to prepare a like resolution._ Fire Marshal Wiggins: Cupertino Coffee Shop requ~res changes to conform to Stste Fire Prevention Code. Peace Officers' Assodation: Nembership - Councilman Saich moved t9at Cupertino join the California Peace Officers' Association; seconded by Councilman Paizis, carried 4 - 0, Sheriff Hawley - Summary of traffic citations by type and number within the City of Cupertino for the 1956-57 year. IV UNFINISHED BUSI~~SS A. Ordinances and Resolutions for Adoption 1. Ordinance No. 35 was given a first reeding - An ordinance of the City of CUfertino amending Section 1 of Ordinance No, 2 by reclassifying 3 certain portion of the City of Cupertino to an M-I-H district, namely the Homestead 4-C Annexation owned by Aronsen and Permanente Cement Co. 2. Ordinance No. )6 was given a first re9ding - An Ordinance of the City of Cupertino amending Section 1 of Ordinanoe No. 2 by reclassifying a certain portion of the City of Cupertino from an R-)-H district to a C-I-H district. This is the Backman property at the corner of Bollinger and Highw8Y 9. B, General Petroleum - Appeal from Planning Commission's Decision Mr. Rukan distributed plans for the proposed service station, southeast corner of Stevens Creek Road and Blaney Avenue. He listed what he considered to be the Planning Commission objec- tions to the station and attempted to refute them. Among the objections he listed the fact that there is already one General Petroleum station in the City, that there are too many stations throughout the City, that Cupertino st2ndards for service stations are high and he might do well to try elsewher existing stations are not doing enough business, that the site is too small for a station, that poor land use may result. In answering these objections, he said that ¡'¡obil Oil is prepared to deed property at the same price as neighboring owners, also, to stand the expense of whatever improvememts develop and to remove any obstruction which proves to inter- fere with the future right of way. He said the oil company has 150' of frontage on Stevens Creek Road, less 10' for dedication, The Mayor stated that it was not the business of the Pl2nning Commission to consider the economy of the community or of individual companies proposed therein. He said he disagreed with the Plannine; Commission and asked how property could be developed if such factors as building lines were to be changed from week to week. Mr, Ruken felt th?t it was not right for the County to impose more severe standards within the City of Cupertino than they exercise for their own juris- diction. After some discussion it was agreed to place this General Petroleum application on the Planning Commission Agenda of August l6 for joint Council - p. C, discussion. C, Miscellaneous 1. The sign easements being com':lete, the Hayor said the star will now be installed, 2, The Mayor asked again for action on a master plan, He sa1 he had been requesting such for two years, He sug ested e Council resolution requiring such a plan, or at least a letter to that effect. After some discussion, it appeareë that the master plan matter would be discussed along with the General Petroleum matter at the next meeting of the Planning Commission. 11. 12. 13. 14. 15. 16, . . -3- . V NEW BUSINESS A, ~ttornev s R~p~rt . Mr, Anåërøön referred to the ~OQt Shop próblem. He ~ald that sever~l letters have ~oen aent w1thøut p@tiults. The or~1nance provides that the City Attorney may take the necessary steps, it 1nstructed 60 to do by the City Coun- ell. Closing of the bus1neu 01' granting of' a perm1t appear to be the alternatives, he said. 2. Mr. Anderson reported a oall from Rodrigues who said he SPGftt $444 on street repa1rs 1n the Town and Country Sub- diVision, He has agreed to grant the one foot easement on ROdrigues and Western. In response to a question, Mr. Anderson said that the roads probably do not meet the County specifications now. The Mayor said that the City may be held as a party to the cause in the event of an accident, Mr, Anderson agreed that Rodrigues, the City an the adjoin1ng property owner might be joint defendants in the event of a damage suit. The Mayor said that ROd- rigues may. have to widen Rodrigues Avenue to the full width if he builds seven houses on the south side of the Avenue, He said the Council should make a decision at the next meeting, B. Report of Ro~d and Maintenance Commissioner Councilman ':;aich reported striping Stelling Road and portions of McClellan and Stevens Creek and also stenciling six stop sign merkings. C, Report of Police and Fire Chief l, Councilman Nathanson requested a follow up letter concern- ing the proposed mobile traffic signal at Homestead Road and Highway 9, 2. He requested that Morris Bach be contacted conoerning a license for a used car lot. D, Report of Planning Commission Chairman _ Not present. E, Miscellaneous 1. Second letter was requested to the Highway Commission with respect to a place on the August Agenda, 2. The Council requested that Cupertino School District be asked for a direct answer concerning the City's inquIry on leasing a portion of the School District property. J. Councilman Nathanson moved that the City Clerk be allowed to handle the secretar1al work of the Chamber of Commerce; seconded by Councilman Saich, carried 4 _ O. 4. Moved by Councilman Saich; seconded by Councilman Nathan- son, carried unanimously that the meeting be adjourned, at lO:l5 P,M. Respectfully submitted, f~h~A..b- .~.. KtA~ LA\oJRENCE K, MARTIN City Clerk -