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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 Anò.e~80ti .ceques:-.ed an assJ.st ~:'!~orn C91j B....os; CO'J.J:1c:.iJ_J'can r~'7 '" ~ r~)("'R,-(J·.'T ·,-r·(-~ :~;('::',~'';''~:: .~_~ ",:"",:. ",ll(.~ ,...~,.p'-'~ . " . .....:- ' ,. ','L, . . '1~, .,,~-.;; '·Y <·-~..:~ :;',,:, ~; ~~I_·.' ~ .~, 1" -,.: ! 1 :~ .-::. ,:-. , ;" .' :,~ :'.- ~ :r. :. :1. ", . ,- t '-' ,~. r; ~ '::r,\. . ~ . ~,' - . -2- 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. C~"'~'~""':":11r,'1' rl '~~,T-::,' .,'~ -,~...,. ,....,-';-;.~('. -'::11~)":, -'-7.'(> ('-'" r·-, - - .,'"!.-::. , r-.'.y:_ --. .-.. . ~ ",. \ : -,- -. _.r':,. -.,;¡ '" - - -J- 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 ~_.,--~~--~----^--_._.._-