CC 06-03-57
p. O. Box 597
C IT Y
o F
CUPERTIJLQ
Al 2-4505
11INUTES OF THE reGULAR ¡.jEErING OF THE CITY COUNCIL JUNE J, 1957
Place: Collins School, Teachers Lounge
Time: 8:00 P.M.
Press Present: D. Cox, San Jose Merc~ry
Mrs. Clark, Sunnyvale Standard
Mrs. Kerr, Cupertino Courier
I ROLL CALL
Councilmen Present: Meyerholz, Paizis, Saich, Wilson
Councilmen Absent: Nathanson
II THE HINUTE3 OF THL PREVIOUS ME1:TING OF MAY 20, 1957 were reed;
the following corrections were noted: Item II-A-Line 8 add
"but could be used for street and road engineering", Item II-D
add the initials W, W. for Mrs. Hewitt and E. C. for Mrs, Craft,
Item IV-B-Line 8 add "The City Attorney interjected that the
ordinance provided for appointment by the Mayor with the
approval of the Council.
A. With reference to the Nark Thomas letter on the Engineering
Administration Funds, the City Clerk advised the Council
that the forms had been completed by ¡'lark Thomas and returnee,
to the State by June l.
B. Councilman Saich said he had been in contact with Mr. Brown
of the School District conoerning the Mariani interseotion
at Collins :;chool. He reported that the school needs to do
more surveying. The Mayor said that the School District
may have to put a curb extending about 50 feet on each street
C. The Mayor reported a visit from John Rodrigues after the last
Council meeting. Rodrigues said at that time that he would
be present at tonight's Council meeting. He told the Mayor
that the City should automatically take over the two streets
in question oneyear after incorporation.
The County, however, says they do not accept the deed
automatically. The Mayor said that, in view of the street
being within the City, the City may be liable in the event
o~ an accident due to faulty condition of the streets. He
asked the City Attorney to ascertain where the responsibility
lies. The City Attorney raised this question: What if
Rodrigues declines to dedicate the streets to the City of
Cupertino. Until he volunteers to deed the City apparently
oannot touch these roads. In this event the City would have
to use eminent domain in order to gain title.
The Mayor asked the Attorney to write Rodrigues to that
effect. The Mayor also said that he would entertain a
motion that the Attorney draft a letter to Rodrigues stating
the method by which the City will accept these streets, but,
it was, simply agreed the City Attorney should write such a
letter.
D. An application was on hand from Arch Wilson requesting per-
mission of appropriate City authorities to construct a drain
from the Chevron Station wash rack through a catch basin
complete with sand trap, to the existing catch basin of the
storm sewerline, immediately adjoining the property. Permis-
sion was also requested to level the curb at the south side
of the latter catch basin and to pave certain areas of the
station grounds. Improvements are to be made at the expense
of the lessee, Standard Oil Company of California, including
paving of the street area between the property line and the
present pavement on Stevens Creek Boulevard. The Mayor.
instrUcted the City Clerk to issue the necessary permit.
III PETITIONS AND COMMUNICATIONS
A . Written
l. San Jose Chamber of Commerce - Meeting of the County-wide
Highway Committee on Tuesday June 4, at 3:00 P.M. in
Room B of the San Jose Civic Auditorium. Purpose of the
meeting will be to present a unified county-wide recommer.
dation to the Central Coast Highway Committee on all
State highway projects both existing ani propnsed in
Santa Clara County.
-.--------..----.--...----
____..,_._.____~__ _m_____. __'___..______.._____.~_____,__.
-2-
2. Cupertino Chamber of Commerce - Invitation to members of
City Government to luncheon meeting at Lawrence's Inn,
12:ÒO Noon.,Thursday, June 6. 1957.
J. League of California Cities - Legislative Bulletin re
A, B. 3996 - Counoil consent for garbage sites within
cities.
B. Oral - None
IV UNFINISHED BUSINESS
A. Ordinances and Resolution for Adoption
l. The City Attorney reported that he had been asked to
present an ordinance authorizing construction of inverted
wells within the City. No procedural requirements are
included for the construction of these wells which would
be installed by the Sanitary District. Review of the
ordinance served as a first reading. Mark Thomas office
has been asked to prepare a standard form for horizontal
and dry wells.
2. Sign ordinance - No commitments have been made by the
Planning Commission which is now considering such an
ordinance. The Mayor advised that the ordinance should.
go to the Planning Commission first for recommendations.
B. Appointment of New PlAnnin~ Commissioner
Mayor Meyerholz said he had attempted to contact Edwin Myers
but that he had not been successful so far. He stated his "
intention of appointing Mr. M"r8 if he is willing to accept.
C, A~reement for Maintenance of State Hi~hwaY in the City
Mr, Carter, representing the Division of Highways Maintenance
Department, said that the City could request apportionment on
the basis of traffic although the Division of Highways would
probably reject as a matter of policy. He estimated the
Ci ty I s share of the maintenance as ~,475 for the first ,ear
and (/512 thereafter. Mr. Carter reviewed the standard form
of agreement for maintenance of State highways within an
incorporated city. Sections 16 and 17 include the method of
sharing the maintenance costs of traffic signals and highway
lighting. The State will continue to perform all functions
of work as indicated in Section 22. The number of street
arteries, whether city or state, determines the method of
sharing the cost. In this case two sides of the intersection
belong to the State and two to the City.
Mr, Anderson advised that the contract is in good order
providing the Council is willing to share the maintenance
costs of the signal and street lights at the intersection.
The City Clerk was asked to tell Mr, Warriner, Mainten-
ance Superintendent for this District, that there is a large
hole in Highway 9 at the intersection of Homestead Road.
D, Rodrigues Subdivision - See II above.
E. Sample Letterhead
This was passed around. Wilson" suggìJstedtha$jQhe ëo~
in the middle of the paper is too heavy and should be only
faintly discernible. The Mayor asked to see the letterhead
when Mr, Norton gets ready to run it.
v !ŒW BUSINESS
A. ~ttorneyls Report
i. Mr. Anderson said he had received several questions con-
cerning the Brown Act. Concerning this, he referred to
a case involving the City of Los Gatos. The decision in
this case interpreted Section 5490 of the Government
Code as not intending to make illegal any discussion and
deliberation by and among Councilmen outside of regular
Council meetings, if no attempt at fraud is indicated.
Discussion occuring at times and places other than
regular City Council meetincs is often necessary in the
conduct of a municipality. The decision characterized
this type of discussion as "legislative discretion" and
the courts will not rule this invalid unless a discussion
is not "reasonable", The mere fact of meeting among
Councilmen is not illegal per see
2. A reply from the Division of Hisnw~ys Attorney stAt~s
that cars diagonally parked aga~r:.osi; ¡;r;., :" ",. ' 2"';;:" e curb
are overhanging Highway 9 and are in cech...ÜG':, :lolation
of Section 588 CVC. Evidently, this opinio.c,:· not
legally binding on the Sheriff's Office of S!!~I;,a Clara
County,
-3-
B.
The Mayor suggested that the Council let the matter
rest. Councilman Saich reported that Cupertino is not
liable in the event of an accident since the City is not
policing the area. This is according to Hr. Shea,
Traffic Engineer of the Division of Highways.
At the suggestion of the City Attorney, it was
moved by Councilman Wilson and seconded by Councilman
Saich that a resolution be passed requesting ~hat the
Division of Hiihways use eminent domain to ta_e the
remain sev feet of ro dwa or th 0 e of
enforcing parallel parking, Carried _ O.
J. Hr, Anderson suggested that the insur~nce policy of the
~lark Cab Company be acce~ted as subm_tted. It was so
moved by Councilman Salchi seconded by Councilman
Paizis, carried 4 - O.
Report of Roads and Maintenance Commissioner
Councilman Saich reported that Leonard McCarthy would finish
his current Job in the morning.
Report of Police and F~re Chief - Not present
Report of Planning Commission Chairm~n _ Not present
Recreation Report
Councilman Paizis announced a meeting on June 5 which he wilJ
attend and report at the next Council meeting.
M1scellan¡¡ous
l. The Mayor reported that Congressman Allen moved that the
concurrent resolution of the State Legislature favoring
Route B through the C~,ty of Cupertino be referred to an
interim committee, thus having the effect of pigeon-
., hol1ng the bill.
2. Councilman Saich moved that the warrants be paid as rea4¡
seconded by Councilman Paizis, carried 4 _ o.
3. The Mayor presented a bill from the Chairman of the
Pl~nning Commission for the cost of stenographic work
and materials incurred in the operation of the City
Planning Commission. The bill totaled Jl084.6; and
covered the period 7-2)-;; to ;-29-;7. Councilman
Saich moved that the City pay the involce as rendered
by Burrel Leonard for the expenses of the Plannin~
ommissi n for th i e e d redi seconded by
Councilman Wilson, carried _ O.
C.
D.
E.
F.
VI ADJOURNMENT - lO:30 P.M.
Reyectfully submitted, ,_
j (I~.j'y ,.,v'" -"- 1/ V #JiI. )., /,
LAWRENCE K. MARTIN . -
City Clerk