CC 04-01-57
p. O. Box 597
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL APRIL l, 1957
AJ: 2-450,5
Plaoe: Collins School, Teachers Lounge
Time: 8:00 P.M,
Press Present: M. Soomil, Sunnyvale Standard
W. Norton, Cupertino Courier
I
ROLL CALL
Councilmen Present:
Counoilmen Absent:
L1ndenmeyer, Meyerholz, Nathanson
Saioh, Wilson
II THE MINUTES OF THE PREVIOUS 11E~TING ON MARCH l8, 1957 were read;
the following corrections were noted: Item V-A-5-Paragraph 4-
Line l2, delete "assuming acoeptability for Backman's legal
advisor" and insert "and the document to be recorded at Backman's
expense". Item V-C delete the third paragraph read1ng "il bill
is to be expected", etc, Item V-2 delete Par9graph three, "Roy
Kawamoto", eto.
Matters continued from the last meeting were then considered
as follows:
A. A letter addressed to the State Board of Equalization with
a copy to the County Board of Supervisors was presented by
the City Clerk and found acceptable by the Council, which
authorized that it be dispatched to the above bodies,
B, With reference to the 1956 Federal Highway Act, Mayor
Nathanson requested that Councilman Saioh be called (if in
town) to attend an April ) meeting,
C. Concerning Co ncilman Lindenmeyer's resignation, City
Attorney Anderson advised that the Council may appoint a
replacement within thirty days, and if it does not, en
election must be called in accordance with the code section.
D, Parallel Parking. ~ity Attorney Anderson presented the
draft of a letter requested at the last meeting, The
letter concerned the enforcement problem along the parking
strip and was addressed to B, W, Booker. It was approved
by the City Council.
III PETITIONS AND COMMUNICATIONS
A. Written
l. A suggested franchise ord1nance along w1th a resolution
and other contract papers was forwarded by San Jose
Water' Jorks for the consideration of the City. Council-
man Meyerholz said he was opposed to public ownership,
Councilman Lindenmeyer sa1d that suggestions had been
made concerning a City water works, Attorney Anderson
requested the aid of a consultant, from either the
Councilor Planning Commission or elsewhere, in the
matter of water rights. He said the franchise application
posed a question which might arise if the City should
wish to contract for Hetch-Hetohy water, Would this
franchise agreement preclude such an eventuality?
Mayor pro tem Nathanson said that the City Attorney
should be authorized to seek consultation on the matter,'
Councilman Meye~holz asked the City Attorney to report
back after examining the question. He agreed that it
might require specialized information.
2. Bay Area Rapid Transit Distriot - The City was in
receipt of an amendment to the original legislation. It
was marked for the reference file.
3. Kirkwood, Controller of the State. L~test release on
the Motor Vehiole Lioense Fee Fund. Cupertino's appor-
tionment estimated at ~9700. Per capita allotment is
:J5.56.
4, Backman agreement - Executed contract returned in order
by Baokman and his attorney.
5, Pending annexations within three miles of the City of
Cupertino.
B. ~ - None
-2-
IV UNFINISHED BUSINESS
A. Ordinances and Resolutions for Adoption - None
B. Letterhead Stationary
The quotations from Carlisle and Company were available, but
the Council preferred to wait for the Mayor to present the
details. and make a recommendation.
C. Miscellaneous - None
v ~mw BUSINESS
A. Attorney's Report - Draft of letter to St8te re parking,
The City Attorney's letter to the California Department of
Public Works, Division of Highways, was approved by the
Council (II-D above). The letter stated that the enforce-
ment agency of the City of Cupertino, namely the Sheriff1s
Office of Santa Clara County, is reluctant to enforce
Section 588, C,V,C., for the reason that vehicles parked
in the area in question are in fpct parked on private pro-
perty although the automobiles must back on to the State
highway to get out. The Sher1ff1s office takes the position
that there is no statute making the act of backing out
unla¡"ful per se. .
"The Council".~. sol1oits your àss1stance in laying out
the parallel parking strip1ng with s1gns and... assuring us
that the State flighway Patrol will enforce the law". the
letter sa1d.
B. Report of Roads and Maintenance Commissioner
In the absence of Counc11man Saich, Mr, Meyerholz reported
that Leonard McCarthy had patched additional portions of
Stevens Creek Road and Blaney Avenue.
C, Report of Police and Fire Chief
l. Correspondence included a letter from a Check Investi-
gators Institute for a meeting on April 25 and 26.
2. He asked the City Clerk to check whether the double line
opposite the El Dorado Club had been erased, also the
double line opposite the Cali parking lot, also whether
the "Slow School Crossing" markings had been painted on
Stevens Creek Road before the St, Joseph's School right
of way.
D. Report of the Building and Hèalth Inspector _ None
On the subject of recreation, Councilman Lindenmeyer referred
to copies of sample resolutions and ordinances which he
turned over to the City Attorney for examination. He
suggested the possibility of creating a commission to decide
recreation policy for the City. Attorney Anderson suggested
that an ordinance be passed only if the Council actually
wishes to create such a commission. He favored a decision
on whether or not to create this commission before the
drafting and passage of an ordinance. Councilman Lindenmeyer
proposed a five man commission, one member each from the
Cupertino Planning Commission, City Council, Cupertino
Elementary School District, Fremont High School District,
and one citizen at large. Mr. Nathanson requested that
Mr. Lindenmeyer summarize his views for the consideration
of the entire Council at the next meeting.
E. uarterl Re ort of Cit Tr asurer
Balance as of December )l, 195
Receipts:
Planning Commission $ 276.00
Licenses & Franchises 5670.51
Fines )851.0)
Interest 95.00
Sales Tax 4))7.62
Property Tax 5)26.08
Total
Disbursements:
Warrants l45 - 178 incl.
Balance as of April 1, 1957
Cash Position:
Cash on hand and in Bank
Time deposit First National Bank
Uncashed warrants
Unaccounted for at this time
Deposited 4-l-57
Cash Balance
$ll,l21.28
19.~56f~
~bo. 78.2·
t t,967.72
,,2 ,7l0.52
:;'l5,701,74
10,000.,()()
2i3F, 'il)
__16.2~
703.8
T26,710.52
-)-
2. After presenting his report, Nr, I,jeyerholz requested
permission to transfer another (,6,000 to the time
deposit, in order to draw interest thereon.
3. Counoilman Meyerholz read the warrants on hand and
moved that thev be paid; seoonded by Councilman
Lindenmeyer, carried) - O.
F. Misoellaneous
1. Councilman Lindenmeyer reintroduoed the subject of City
Weloome signs. He suggested that the City install them
and accept whatever money the service clubs deoide to
oontribute, At this point, Mr. Norton of the Courier
stated that the Chamber of CommeI'ce reoently voted :"'50
for this purpose. Councilman Lindenmeyer moved that
the City Clerk write to the five interested serv~
clubs. namely Chamber of Commerce. Kawanis, Rotary,
Lions, VFW, to the effeot that the City will install
the s ns if the w II orward the allocated mone j
seconded by Councilman eyerholz, carried) _ O.
2. A letter from the Fire Marshal advised Seymour Groner
that his pharmacy was not in compliance with the
County Fire Prevention Code.
J. Civil Defense - Circulars describing Federal surplus
property available.
4. Letter from Wesley Hubbard, County Supervisor, request-
ing City-County participation in a joing highway program
and putting, Cupertino's share of an estimated (:l80,OOO
program as .26 of one percent.
5. League of California Cities - Legislative Eulletin of
March l8 summarized SB 1547, which makes cities and
local districts of all kinds subject to city and county
zoning ordinances. Councilman Lindenmeyer moved that
City Clerk write to Senator Thompson expresSing approval
of SE.lS47j seconded by Councilman Nathanson, oarried
) - o.
6. Councilman Nathanson reported that the fire redistricting
matter would be disoussed at another meeting in order
to further develop the facts, and make recommendations.
Councilman Nathanson asked the City Clerk to contact
Mayor Wilson concerning the seating of the new mayor.
VI ADJOURNMENT - 10:0) P.M.
Respectfully submitted,
i~J..>.l~-4. t(· k~
LAWRENCE K. MARTIN
City Clerk