CC 01-07-57
p. 0, Box 597 Al 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 1957
Place: Collins School, Teachers Lounge
Time: 8:00 P.M.
I ROLL CALL
Councilmen Present: Lindenmeyer, Meyerholz, Nathanson, Saich,
Wilson
Councilmen Absent: None
II THE MINUTES OF THE PREVIOUS MEETING ON DECEMBER 18, 1956 were
read; the following corrections were noted, Item V-B-J-e "Inter-
City Council of Santa Clara County" was substituted for "Supervi-
sors", V-C-2 should read "Councilman Saich was instructed to
dump a load of gravel in front", etc., etc.
III PETITIONS AND COMrìUNICATIONS
A. Written
1. State Board of Equalization - The 1957 Roll will reflect
the annexations to Cupertino of Homestead l-C, 2-C, and
J-C Revised.
2. Melvin Hawley - Traffic citations issued in the City of
Cupertino, by month, by hour, and by type,
J. State Controller - Cupertino share of Motor Vehicle
License Fee Fund for June 1 - Nav. JO, 1956 - (",689.04).
4. Industrial Indemnity Company - Notice of Withdrawal of
Cancellation of McCarthy-Spiesman Policy,
5. Board of Fire Underwriters of the Pacific - The Fire
Commissioners of the Central Fire District have requested
an inspection of the fire protection facilities, and the
City of Cupertino will be inspected at that time.
IV UNFINISHED BUSINESS
A. Captain Perusina
1. Captain Perusina reported that periodical checks by
deputies along the parallel parking zone at the Highway
9 commercial strip indicated that the signs were effec-
tive only while an officer is standing by. He suggested
diagonal parking for the consideration of the Council.
Captain Perusina felt that the gutter should be filled
and stalls should be marked before issuing citations.
On the same topic, Mayor Chargin of Campbell, representing
Cali Bros" suggested that the City write to the Division
of Highways requesting that the gutter be filled or
requesting permission to do so (this had already been
done) .
Ed Cali stated that the owners and tenants were not in
favor of parallel parking, but realized that the situation
was a problem on several counts, He mentioned the
posssibility of widening the sidewalk three or four feet.
In response to a question, Mr, Chargin replied, on behalf
of his client, that he was requesting angle parking; he '
cited a section of the Vehicle Code as Council authority
to enact angle parking. He said that the merchants are
strongly opposed to parallel parking. The code section
provides that the Council draft a proposed ordinance and
present it to the state for approval. Mr. Chargin felt
that diagonal parking would be not only safer than
parallel but would provide more spaces.
Councilman Lindenmeyer said that the divided responsibil-
ity for the problem indicated a conference between the
State, the City and Cali Bros.
Mayor Wilson suggested that the City Attorney prepare a
draft of an ordinance providing parallel parking, to be
submitted, upon Council approval, for State approval.
Councilman Nathanson moved that the City Attorney draft
an ordinance including a plan for angle parking; seconded
by Councilman Meyerholz and carried 5 - 0, Attorney
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2. Captain Perusina referred to the radar demonstration
held on Highway 9 just north of Stevens Creek Road the
previous week. In this check 85% of 375 vehicles were
exceeding the legal speed limit. He suggested the
official use of radar for the consideration of the
Council. Councilman Meyerholz said he felt that radar
is necessary and moved that the police department be
authorized to use radar for issuing citations on princi-
pal highways, that speed limits be restricted to the
legal limits permissable bY California Vehicle Code,
and that the 2'5 m.p.h. zone be extended to the north and
south of their present limits on Highway 9; seconded by
Councilman Lindenmeyer and carried 5 - O.
Councilman Meyerholz suggested that the City Limit sign
on Highway 9 be moved north of Homestead Road opposite
the Cupertino do Oro Club, since the City includes the
road at that point. Co¡ncilman Nathanson reported that
Mr. O'Shea, Traffic Engineer of the Division of Highways
indicated his intention to have the timing of the pedes-
trian signals reset.
B. Ordinances and Resolutions for Adoption
1. Attorney Anderson referred to Councilman Meyerholz'
request for an ordinance requiring connection to the
sewer line when and if the sewer line reaches a particu-
lar property, Section 5009 of the Health and Safety Code
provides that the governin~ agency of a oity served by
a sewer line can (and must) declare cesspools, etc. to be
a pUblic nuisance and requiring hookup of buildings with-
in a hundred feet of the trunkline unless a permit shall
be issued by the City Council to do otherwise. Council-
man Meyerho1z noted that the provisions of such an
ordinance were not to be retroactive, i. e" they do not
apply to construction already complete but only to new
construction.
2. Councilman Meyerholz moved that the complete reading of
Ordinance 31 be waived, This is an ordinance "prohibit-
ing drunkenness or intoxication in any public place or
on any street, alley, or highway in the City of Cupertino
and providing a penalty for the violation thereof;"
seconded by Councilman Saich and carried 5 - 0,
Councilman Lindenmeyer moved the adoption of Ordinance
11; seconded by Councilman Nathanson and carried 5 _ O.
Attorney Anderson reported that a revised Firearm
Ordinance was under consideration by the County Counsel
and the Sheriff.
C. Miscellaneous
1. Councilman Lindenmeyer reported on his quest for a City
Hall.
- Art Ellis declined to let his office space because it
would create a parking problem.
- Dr. Brown wants ~150 per month for space in the Log
Hospital.
- Don Bandley eßtimated that Cali would build a 2,000
square foot building to rent for ~250 per month,
- The Cupertino Union Church will be dismantled shortly
and is not available for occupancy.
2. Councilman Lindenmeyer suggested that the City install
two Welcome to the City of Cupertino signs which would
accommodate the plaques of the various service clubs.
Cost of such a sign would be investigated before the next
meeting.
3. Mayor Wilson asked that the úirector of Civil Defense
present a plan for the civil defense of Cupertino, The
possibility of requisitioning surplus war mqterial was
also mentioned.
V
NEW
A.
BUSINESS
Attorney's Report
Attorney Anderson referred to a letter relative to business
licensing of newspapers. The City Clerk was asked to
question surrounding cities on their policy in this matter.
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B, Report of Roads and Maintenance Commissioner
Councilman Saich referred to the complaint of the Cupertino
Lumber Company over the ruts in front of their store. Mayor
Wilson requested that Councilman Saich talk to the Fire
Department about the ~atter, and reach some solution,
C. Report of Police and Fire Chief
1. Councilman Nathanson referred to letters numbered 2, 4,
and 5 mentioned under Petitions and Communications above.
D, Report of Building and Health Inspector _ None
E, Report of Planning Commission Chairman
1. Mr, Leonard briefed the Council on the preliminary plans
submitted for Cupertino High School to be located at
Miller Avenue. The plot plan indicates that the building
is to be closer to Stevens Creek Road than previously
planned, with the playing fields closer to Miller than
expected.
2. Chairman Leonard reported to the City Council that the
Planning Commission had concluded hearings on the
Cupertino Electric Company request to rezone a parcel.. on
the west side of Highway 9 between Kirwin and Blossom.
The Planning Commission recommends to the City Council
that the request be granted subject to certain conditions
outlined in an attached letter to Mr, Ravizza. He
(Mr. Ravizza) considers the conditions satisfactory. It
was moved by Councilman Meyerholz that the recommendation;
of the Planning Commission re Cupertino Electric be
approved and that the ordinance amendinp' the zoning map
be prepared; seconded by Councilman Lindenmeyer and
carried 4 - 0, Councilman Saich abstaining.
J. Councilman Nathanson noted the report on two questionable
uses along Stevens Creek Road and said an investigation
would be made,
F. January 1 Report of City Treasurer
Balance September JO, 1956
Receipts:
Planning Commission
Licenses
Fines
General
Total
Disbursements:
Warrants 105 to 144 Incl.
Balance as of December Jl, 1956
Cash Position:
Cash in First National Bank of Cupertino
Uncashed Warrants
Cash Balance
$lJ94J.J6
~
12.J2
821.92
1152.68
944.04
2930.96
$16874.J2
:¡¡; 5753.04
1ì11121.28
;1:11401.16
279.88
:jj,11l2l.28
2, Councilman Meyerholz reported that the first installment
of the property tax would be forthcoming shortly, plus
the first quarters return on the sales tax.
J. Councilman MeyerhOlz presented two warrants in favor of
Leonard McCarthy for approval. Moved by Councilman
Li~denmeyer that the warrants .be paid; seconded by
Councilman Saich, carried 5 - o.
VI ADJOURNMENT - 10:45 P.M.
Respectfully submitted,
f~.\Q <. V.l<l~
Lawrence K. Martin
City Clerk
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