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CC 11-07-55 C I T 1 () J' C 1 P t R T I ~T 0 - - .'~ - - - -- ,- --- -, -- --~ 1\, i",1¡¡ ,': i'¡ .'.J \... ¿2l CUFEr:rL!O, Cþ.LIFo~nIA ¡;INUTES OF THE FIFTH COUNCIL ;'¡¡;;ETDJG Special Jieeting 11/7/55 Place: Tilne : Cupertino Union School, Stevens Creek Road 8:00 p¡.¡ Councilmen Present: Councilmen Rbsent Linderuneyer, Ralph - !-íayor Heyerholz, R. Ivan Nathanson, Norman J. Saich, John \Jilson. Harner None Partial List of Spectators Present: Cassella, Emil - L. A. Garba¡:;e Co. Musante, Steve - L. A. Garba¡:;e Co. Rushton. Roy Eãz:ldley. Don O. Baer. Charles ,'¡oodrui'f, Kurt Lillo, ToI\Y Stanley, Boris Rodrigues, John Hiller, Sam Hartman, Don Johnson, Edgar JÜllet, Howard Shapero, Press I Cupertino Courier - Wm. Norton Sunnyvale Standard- lliriam Soomil I. PRELIHINARIES 1. Heeting called to order by Hayor Lindenmeyer at 8110 2. Salute to the Flag. II. MINUTES OF THE LAST !ŒETING 10 The Secretary _s instructed to read the section headings of the Council meetings 10/31 and 11/4/55. Full minutes were posted I10t fne rear of room. 2. No one requested a complete reading. III. CORRESPONDENCE T'.oe Hayor requested the incoming correspondence read by the Secretary. 1. The following letters of protest concerning the possible acceptance of 6,000 square foot lots in Johnson #1 area by the City Council were reach a. Ernest S. Uenaka, Cupertino Nursery. 10431 N. Sunn,yvale Rd. b. James H. Banich. 10249 N. Highway 9. c. Art Ellis, SUI'li-Land Realty, 10247 N. High\'lB,Y 9. d. HI's. Carrie H. Braid (No a.ddress given) e. Douglas H. Wright. 20690 Homestead Road. HOnON Noved by Councilman Saich am! seconded by Council.man Heyerholz letters of protest to be filed In public file. Carried I .5 - 0 2. Form letter from County Board of Supervisors atating the proposed annex- ation of Noreland 4 to San J03e and De Anza 2 to SUrL.vvaJ.e. HOTION ~!oved b',¡ Councilman '.fHson and seconded b.Y' Councilman Saich this communication filed for information and reference. Carried I 5 - 0 3. Notification of hearings in Oakland U/28/5S at 10100 A¡'¡ from the Joint Interim Committee on Transportation Problems, Sacramento, CaJ.if. MOTION Moved by Councilman Saich and seconded by Councilman ,¡ilson the letter be placed on file for information !3urposes. Carriedl .5 - 0 4. Dinner meeting invItation from Peninsula Division, League of California Cities on 'fhursday ll/17/55, Villa Chartier. San Nateo; :W4.oo per plate. J10TlüN Noved by GounciJJnan viilson and seconded bJ CouncilJnan Saich letter be filed for :information purposes. Carried I 5 - 0 -2- 5. Cupertino De Oro Club Resolution requestinG annexation ¡,¡,,- City of Cupertino. HOTIO"¡ Hoved by Councilman !1e:rerholz and seconded by Councilman iJilson :Q,cceptance of this Hesolution and such inforœ.tion referred immediately to the Bound~ Commission for action. Carried I 5 - 0 6. Work Order from Hark Thomas stating Boundar.! Commission had commence ,¡ork necessary in aru,exation of Komenovich property, to be lcnc>rn as Homestead l-C. llOTION ¡';oved b:¡ Council1nan Nathanson and sec.onded by Council1nan ¡'¡eyerholz letter be placed on file for information and reference. Carried: 5 - 0 Sheriff lIelvin Hauley and Lt. James Geary appeared and was introduced by Hayor Linderuneyer. Sheriff !lawley stated: Three Judicial Districts surround the City of Cupertino; Cupertino must decide which District is most desirable ror community and .then request assignment to that District from the Board of Supervisors; the facilities 01' the County Jail are available to Cupertino, the average cost per person C2.00 _ ~ì2.25; impractical for a city the size 01' Cupertino to build a jail; County has a very efficient radio service ,mich is available to Cupertino; Sheriff's office may, with the approval of the Board 01' Supervisors, contime patrolling this area; Highway Patrol services will continue unti1 July 1, 1956; the City of Cupertino may have ordinance5 restricting the use of roadside adver- tisements; Cupertino may crèate an ordinance naming Sheriff Ha,lley as Chief of Police, ex-officio. IV. COUNCIL VOTE: JOHNSON # 1 1. Approxiroately twelve residents 01' the City of Cupertino present and about ei¡::ht property é1ers, prospective sub-dividers and developers pæœnt from Johnson # 1 area. 2. l-layer Lindenmeyer asked for opinions from the floor. City residents reiterated their previously stated desire for a small community, low taxes and rural atrosphere. ,JDhnson #1 parties demanded the City Counci1 vote upon the acceptance 01' this area with complete approval of their zoning desires, as stated 11/4/55. 3. Councilman Neyerholz submitted the following resolution for Council acceptance& WHEREAS: The City 01' S8.'l Jose contemplates the annexation of certain areas within the community of Cupertino and contiguous to the southerly boundary of the City 01' Cupertino, known as Annexation Johnson tile WHEREAS, In the absence 01' a sub-division ordinance governing the formation and restrictions on such sub-divisions within the City of Cupertino. WHEREAS: The area involved is within the district of the Cupertino Elementary School System and also within the postal area known as Cupertino. WHEREAS: The City 01' Cupertino has no sewer system but is within the boundariel 01' Sanitation District # 1. THEREFORE be it resolved that the Council of the City 01' Cupertino hereby declare that its policy toward the area known as Johnson #1 be and hereby is to approve the use 01' minimum lot sizes of 6,000 square feet and such outfall sewer facilities as can be supplied by Sanitation District II 1. BE it further resolved that the Council of the City of Cupertino shall exercise such restrictions on architectural design and general planning to accomplish a well balanced and pleasing whole. 4. Resolution was not seconded by any member 01' the Council, therefore unadapted. 5. Councilmen Nathanson, \1ilson, Saich and Lindenmeyer requested a de~ in approving or disapproving the requested desires of Johnson #1 representatives. Stated further investigation and stucl;y in regard to the desires 01' the residents in the City 01' Cupertino. MOTION Moved by Councilman Salch and seconded by Councilman Wilson to postpone the Council voting until the next regular meeting, ll/14/55. AYESr Councilmen Lindenmeyer, Nathanson, Salch and Wilson NAYS: Councilman Meyerholz Carried: 4 - 1 V. CITY CLERK APPLICATIONS; CLOSED ll/1/55 }lOTION Hoved by Councilman Nathanson and seconded by Councilman Saich indivi<iù¡,ü. 5creening 01' applicants commence at 10:00 AN, Saturday, 11/12/55. Carried: 5 - 0 VI. REPORT OF CITY ATTOIDTEY 1. ORDINANCE 005" cl'eatL'1.g a Flanning Commission ¡ providing l'ol~!;he appo;¡.m:.ment of members and dÜïning the po~reI's and dutieu oi" said commis3ion was prel!!Jnted and read in its revised form by City Attorne;r Sam J. Anderson. No deletions ø}. 2. Changes ,,-ere requested in the ordinance. acree.':lent and contract ~lith the Los Altos Garba£e Co. Ordinance eoverning garbage disposal. contract and agreement will be resubmitted to Council 11/14/55 in revised form. 3. Resolution 1,"2 comnendin¡:; Hichard Olson for his efficiency and businesslike manner was submitted and read. llOTION Boved by Council1nan ì'Jatha."lson and seconded by Councilman Heyerholz the approval and acceptance of Eesolution ,;2; one copy to be ¡;¡ailed to Board of Supervisors and one copy to Riclwrd Olson. Clerk of t..'1e Board of Supervisors, San Jose, Calif. Carried: 5 - 0 VII. REPORT OF AGEèJT OF IŒCORD 1. Hr. Nel Hewins, Agent of Record. stated the total cost of an insurance pro- gram with 200,000 to 300.000 general liability would be ~530.38; city insu.r- ance premiums based on road milee (9.4 in Bity of Cupertino). A thirty day binder would be effective until 12/5/55. Councilman Nathanson requested the cost of an insurance with (i250.000 to {il.OOO.OOO general liability. VIII. REPORT OF PLA~Em¡G CœmrSSION 1. Acting Chairman Burrel Leonard stated the Planning Commission will not be an official body for thirty days after the øigning of Ordinance 005. IX. IUSCELLli.NEOUS 1. Councilman l1eyerholz presented to the Council a check for $13.80. whereupon it was agreed by remaining four Councilmen the check should be retained by Councilman Heyerholz until a Treasury department is established. X. ADJOURNHE:IT at 11:15 by }~or Lindenmeyer. Respectfully submitted / / ~ '. /C)J ~ . C .... ~_t L-cL.. ,{tL_~. . th íC Anthol\Y. ecretary. pro-t~ { C I T Y 0 Feu PER T I ~ 0 ---- -- ---------- P. 00 £ 9. ~ 2. 2.1 CUPERTr:¡O, CALIFORNIA Inforrr~l Meeting Place: Cupertino Union School, Stevens Creek Road. Time: 7:00 FE, 11/7/55 Councilmen Present: Councilmen Absent Others Present Lindenmeyer, Nathanson, Heyerholz. Saich and ';I11son None }æ. Allen 11. Fortney, Dist. IV, Division of Highways, San FrallCisco Informal discussion commenced upon completion pf introductions by J1ayor Ralph E. Lindenmeyer. !4r. Allen Fortney presented to the Council a manual of Standard Spec if- cations of the Department of Public ~orks. Division of Hißh'~s; l'IDnual of Instructions for City and Cooperative Projects (second edition 1949); and a Summary of Factors Involved in Apportionment of Gas Tax Funds to Citie30 The follo..'ing information uss brief:l¥ stated by Hr. Fortney: 1. The official population is necessary before the fuel tax monies may be computed or made available to the City of Cupertino. Based on an estimated populDtion fi~e of 1,746, the approximate monies a:'1ailable to the City for the quarter would be ,~2. 700. 2. A sum equal to five eighths of one cent per gallon is allocated to a city for major street improvem9nts (vehicular used streets). 3. A budget for such improvements must be submitted by the City for approval before monies will be allocated to City's accounts. a. New agreement or project statement is necessary at each chanGe of the l)udget submitted. b. Fuel tax 1!IDnies I1Ja3 not be used for reimbursement oj; work already completed. c. Street equipment may be rented and charged to Gas Tax Fund. Also ar>.y required help. d, Street equipment cannot be purchased from this fund. e. Instructions are being rensed. City of Cupertino will receive further information and instructions as released. Mayor Lindenmeyerexpressed appreciation for the cooperation oj; !,æ. Fortney and the meeting dissolved at 7:45 PM. Special meeting of the Council to convene at 8:00 PH. Respectfully subwátted, ~'-CL( )( (r,;-, .'(, Edith H. Anthony, secret;y-(~~tem) !