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CC 10-02-61 451 10321 SO. SARA.TOGA-StJmuv.!I.Lr; ROAD C I T Y ° F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - October 2, 1961 AL 2-4505 PLA CE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P,M, I SALUTE TO THE FLAG II ROLL CALL: Councilmen Present: Benetti, Jewett, Pelosi, Saich and Lazaneo Councilmen Absent: None Starf Present: City Manager, City Attorney, City Clerk and Asst. City Engineer III MINUTES OF' THE PREVIOUS MEETINGS: September 18 and 20, 1961 Minutes of September 18, page 9, second paragraph, change "utilizing" to "improving". Moved by Councilman Saich that the minutes of September 18 and 20, 1961 be approved with the above correction. Seconded by Council- man Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: IV PUBLIC HEARINGS: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 A, FRANK MARAL: Application No, 36-2-61 to rezone 175' x 108' from C-l-H to M-I-H; south side of Stevens Creek Blvd" 611' west of Blaney. (Denial recommended by Planning Commission Resolution 67,) Appeal continued. Mr, Richards represented the applicant in place of Jane Brooks. He said their position remains the same and he is prepared to answer any questions that the City Council may have. The Mayor said that he would like to know just what will trans- pire on the property if it is rezoned, Mr, Richards answered that the business known as Cupertino Plumbing, now operating out of a San Jose address, will use the property if rezoning enables them to do so. He reviewed the fact that the front of the property is zOned C-I-H and no change is requested therefor, A solid board fence 6' high will surround the property presented in this application for rezoning. The fence will serve to shield vehicles, pipes, fittings, etc" which will be used in the plumbing business. He stated that the ~ront property, including the building, has been examined by the Building Inspector, and approved (in the sense that it can be brought to building code standards for a commercial structure). Mr. Richards said further that it is his understanding that he cannot apply for anything but M-l, In some communities he has found that this use is classed as C-2 or C-3. However, he applies for M-I here in order to use the property for plumbing materials, He said he wants the use rather than the zoning itself, The City Council is a policy making body. He said he still thinks that the property could be approved by issuing a use permit, If the use does not fit and appears to be incompatible, then the use permit can be revoked, Councilman Saich aslced about the taxable sales from such a location. Mr, Richards said that he is not in a position to answer this tax question, Mr, Saich referred the question to the City Attorney. -1- Iii" -jJ "'1tU¿tí.J ~ ~ ~ Mr, Anderson said that the salp. tax law in effect is actually "~. a use and sales tax, as written in the Bradley Burns law, However, ¡~0 the use tax feature is largely unenforcee.ble, although pressure has been brDught to bear against the State Board of Equalization in this regard, The State Board has determined that the place of sale and the place of use are one and the same, thus fJ_xing the place of sale as the place to 1"¡iüch the sales tax ~s remitted, The place of use is unrecognized for the most part. Councilman Jewett aslced about the front of the property ad- joining Stevens Creek Boulevard, The Mayor said that the matter before the City Council applies to the rear section only. He asked the City Attonley for further clarification of the use permit features in the C-l zone regulat~ons, The City Attorney said that the ord~nance does not make pro- vis~on for the issuance of a use permit to a plumb~ng supply business in a C-I-H zone. The Mayor said that he is sesking a remedy which would be feasible. Counc~lman Pelosi called for a measurement of the property and said that he is not in accord with the depth. He thinks the City Council has more or less crystalized on a commercial depth of 500', In this case the rear lot line of the proposed M-l-H would be only 370' or so from Stevens Creek Boulevard, The second pOint be brought up concerned the road pattern in the area. He asl:ed fOr a look at the inten1al road structure as shown on the neighborhood plan (neighborhood plan was posted; no road shown on or near the subject property) , Councilman Pelosi proposed the possibility that the entire quadrant, comprising some 50 acres at the southeast corner of Highway 9 and Stevens Creek Road, mlßht be a logical M-l zone. He proposed a study session to discuss such a matter. In response to further comm,;;nt by the Mayor, the City Attorney in revie¡¡ing the zonir,g regulations, noted the existance of a twi- light area and said tha.t C-2 might possibly fit a plumbing operatjon with a use permit. He indlcated that the City Council could so construe the ordinance. Cow1cilman Jewett referred to the front parcel again. He asked the appl~cant if they intended to keep it as a C-I-H zone for retai sales. Mr, Richards ~nswered that it would be used for retailing and semi-professional use. Councilman Benetti asked Councilman Pelosi if his suggestion concerning an M-l-·H quadrant WÐ.S meant to be pel'-Clnent to the Dresen-¡; applìca tiOll. Councilman Pelosi said that it was not quite pertinent to the appl~cation under consideration at the moment, but he feels the City Council should consider such zoning. He added that :it is obvious that a north-south street must be situated between Blaney and Highway 9, The Mayor called on the Chairman of the Planning Commission, Nr, Small said that the small piece of property left in front was a definite consideration in the Planning Commission denial. Thl property is deemed too srr~ll to be a good commercial property, possibly the main reason for the denial. The location of M-l zoning on Stevens Creek Road with particular reference to the type of M-l was also a factor. Mr. Hichards saidí:;hat the Planning Commission did object to M-l zoning in this location, He reiterated that the applicant does not really want M-l, but \'¡ants to use the property for the specifieC' use and is, therefore, obliged to apply for M-l since they are under instructio¡¡ that such zoning is the only correct appl1cation. He reviewed the fact that the Planning Commission preferred to have M-I-H somewhere else, especially M-l-H of a bu~lding ßervice nature. -2- 453 Through traffic was also a factor he said. In this connection he maintained that small picl~up trucks will go out only once a day in most instances and would not be a traffic problem, Councilman Pelosi asked the City Attorney if the intended use could fit in a C-2 zone with a use permit, The City Attorney sa :I.d it would fit in a C-2 zone with a use permit but not in a C-l zone with a use permit, IIloved by CoUncilman Benetti that the hearing be closed, Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Benetti that the application of Frank Maral be denied, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Saich Lazaneo None '1-1 B. JACK DYMOND, JR.: Application No, 21-2-61 to rezone 11.3 acres from A-2:B-2 to R-2-H, Hest side of Mountain View-Stevens Creelr Road; south side of ~10nta Vista School, north of Alcalde. Tentative Map, (Denial recommended by Planning Commission Resolu- tion 68), Appeal continued. Gene I~stin representing the applicant, said first, that he feels that the area all arow1d the site is of such a nature to make first class R··l homes impractical. He referred especially to heavy truck traffic on !1ountain View-Stevens Creek Road, a truck operation on the property adjoining '\;0 the south, and small old homes on the north side. He went on to say that a good quality duplex will sell in the area Hhile he doubted a good quality single family dwelling would do lilce1nse. .vi th regard to the upJ<eep, he said the usual practice Ii1Ð is for the owners to live in one part and rent the other section wi th the O1lners maintaining the property, Councilman Pelosi aslced for the Planning Commission action on this application, The City Clerk read resolution 68, including the reasons for denial and rr.aJcing reference to the reports requested by the Planning Commission, including water, sewer outfall and multiple in the viewpoint 01 the Cupertino Planning Consultant and the County planning staff. The City Manager ans¡~ered that it is his opinion that vlhile the answer might be "no" if the development was ready today, that water ¡dll be provided by the time that this project is ready for occupancy. Regarding sewers, George Perkins read the Sanitary District letter of September 8, I"lhich states that the Cupertino Sanitary Board has instructed him to inform Eugene R. Mastin that the property, as proposed, can be served by the District, ., Councilman Saich asJœd why the applicant did not put R-l in the rear of the property and R-2 in front, Mr. Mastin said R-l could undoubtedly be built, it is simply a question of whether they could be sold. r~r. Excell stated that he is buying the property from Dymond and that he definitely feels he is upgrading the area, The Mayor said the question can be resolved to a simple one, namely, go for R-2 or not. He revlewed the Planning Commission objections, noting that some of they have been answered in full. As to the Planning Consultant, he is not yet available for consultation. He observed that the decision is a question of the zoning on its own merits. -3- 454 I-> ~ I~~ Councilman Pelosi aslœd about the width of Nountain View- """" Stevens Creek Road, is it ~irmly established as go '? ~~ The City Manager answered that the County has already established a 90' cross section on the west side of Mountain View-Stevens Cree!c Road, Councilman Pelosi referred to legal counsel aslcing what force or effect Planning Commission objections have, or petitions which revolve around objections \~hich have already been resolved. The City Attorney said there is no flat answer to the question that the City Council mUst simply weight all the evidence before th includil1g outmoded views and answered objections. Coui1cilman Pelosi as!ced the Chairman of the Planning Commission to discuss the application. Nr, Small said that nine neighborhood hearings were held in the Council Chambers and that these hearings revealed that the people of the City want Cupertino to be predom:mantly R-l. In the subject area he said that the sewers are designed for 7 people per acre. He also said that the Cupei"tino Planning Commission has already sent several letters of protest to the County with respect to multiple zoning in the vicinity. HOI/ever, he said the Planning Commlssion is up against a policy decision on multiple. There are 187 acres now zoned for multiple in the City, al'chough he acknow- ledged that most of it is not in use. The denial by the Planning Commission leaves the policy decision squarely up to the City Council. 'l'he Mayor further reviewed the reports aslced by the Planning Commission, saying that all of the answers would soon be in and could change the opinion of the Planning Commission. Councilman Pelosi, through the chair, asked the applicant if he wishes to go back to the Planm.ng Commission with a re-"ised map showing reduced number 0,:' uni ts and a 90' roadway, The applicant said that his plans have been pending since Febl~ary and he requested a decision from the City Council. r~ovecl by Councilman ,S'.Üch that the hearin:; be closed. Seconded by Councilman Jewç~t. AYES: Councilmen: NAYS: COuncilmen: ABSEW£: Councilmen: MOTION CARRIED: Benettj., Jewett, Pelosi, Saich and Lazaneo None None 5-0 r10ved by Councilman Jewett, that inasmuch as the applicant made a statement to the effect that he could not upgrade the area, and inasmuch as the applicant 'requests a vote without furth'?r delay, and in view of the fact that the area is in his opinion prime resldential property, that the application be denied. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 C. DEEP CLIFFE: Application No. 37-Z-61 to rezone about 28 acres from A-2:B-il· to R-l, R-2-H, R-3·-H & C-l-Hj southeast corner of McClellan and Mountain View-Stevens Cree!c Rd. (Recommended by Planning Commission Resolution 69 as to zoning and map), James Desmond represented the ap~licant. He said that Plan "A", which was then posted on the board, was approved by the Planning Commission, which considered three other phases of the subdivision, labeled "B", "CIi, and "D". He stated that it has been suggested that the City get together with the County on the subject of the 90' road all the way to the Darn, He said the applicant had no objection to the 901 road as such. If study proves it would be feasible, the applicant will go along with the motion providing for -4- 455 a 901 road. However the applicant would hate to see the 90' road stop at the southerly end of' t11e Deep Cliffe property. He observed that it may be necessary, in order to build a 90' road all the way to the dam, to buy and move a few houses, He then said that he does not think it a good idea but w~ll abide by the vote of' the Council. The City Clerk read the letter of protest from J. Stanley Tormey, 22711 San Juan Road, in which he protested the construction of the duplex units, street lighting on Mountain View-Stevens Creel: Road, and also the "gas station" to be constructed opposite the Stevens Creek Grocery at McClellan Road, Verbally he expressed objection to the decorative type of mercury vapor lights on 225 ft. centers. He said he believed in single family homes for the area and did not thime that such fancy high-powered lighting was suitable for the district ,He asked that the vicinity be !cept rural. The City Clerk read a letter from Dean M. Sayre, 10805 South Stevens Creek Road, Cupert~no, It was a 2-page letter protesting the rezoning on several grounds including population density, street lighting, etc. Mr. Sayer said he 00ught the property 5 or 6 years ago and has worlced nights to build his house with his mm hands. If this light- ing is permitted, it will spoil the view that he has spent 5 years to acquire, Furthermore, he does not like the idea of absentee land owners as the property Hould become a blighted area more quickly than as R-l. He concluded by saying that it is the lights that really bother him, Counc:Üman Jewett aslced ~1r. Desmond if any thought has been given to dedicating land for a neighborhood parle. Mr. Desmond answered in the negative, although he said that they are considering a recreation area at the southwest corner of the property. At the present time the subdivision is being planned wholly on a residential basis except for one lot at the northeast corner. However, the area labeled "B" on the rezoning application and not a part of the subd~vlsion, might be used for some type of recreation. ¡^lith reference to the commercial lot he said he does not recall ever mentioning a service station, although definite reference to that poss~bility was made by the Planning Commission. As to the lighting, this matter will have to be decided by the City. They themselves have no preference for mercury vapot lights 220' apart, He reiterated that the applicant has never considered a service station on the lot labeled as commerc~al. Relat~ve to Mountain View-Stevens Creele Road, Mr, Desmond said that the 90' right-or-way makes R-l homes out of the question, Therefore the R-3-H request on Mountain View-Stevens Creel: Road, also the R-2 request on McClellan Road. He mentioned the problems in getting in and out of a garage on a 90' street with the usual traffic. He went on to say that many people do prefer to live in apartments. Those who chose apartments, he said, should have the opportunity for a nice place to' live, Councilman Saich aslced what l<ind of houses the builder is going to put up, Mr. Desmond answered that the R-l houses would be sold at about $25,000 and that the R-3 would be one-story, well done, Councilman Benetti asleed abou t the area labeled "B" not a part of the subdiv~sion, Mr, Desmond explained that area "B" is part application, but not part o~ his tentative map. were considering AR zoninG for area "B", of his rezoning At one time they Councilman Benetti said tJ~t there would be a lot of people in the area and he agreed that recreational facilities would certainly help, He suggested a cabana type development, Mr, Desmond agreed that it is a very beautiful area and they have con- sidered a swim and racquet club, the purchase of a home entitling the O'~1ers to membership in such a club, However, he said that he did not know at this point, they need to see what future demand would be, -5- 456 ¡-- þ~ t~~ Councilman Jewett observed that the chances of recreation would~' be something approaching nil Ül the future if' the Ci ty Council \:'!¡:" approved the map bei'ore it now with no recreation shown. He emphasized tl)at there is no recreation area shoun on the tentatlve map as it now stands. The Mayor aslced if Councilman Benetti is asl"ing f'or dedication of a parle Councilman Benetti answered in the negative. He said that he is asking for recreatlonal facilities to accommodate the people who live there, not for a public park to be developed and dedicated by the owner. Councilman Pelosi said that in all of the developments there always has been conslderation given to reduced lots in return for cabana type facilities, No such development has actually taken place, but discussion of it always indicated that some concession would be made to the bUilder in exchange for such recreational areas, He emphaslzed that he is a firm believer in recreation but noted that the particular area in question has more recreation around it than any other subdivision in the City. He added that there is no law stating that recreation must be provided. If the subdivider wishe~ to provide recreation, he said this would be very i'ine. Councilman Benetti repeated that his questions and suggestions have nothing to do with the dedication 0:'" property. Councilman Pelosi asknowledged that he understands the recreation under dlscussion is of the cooperative type for the benefit of the owners, and future owners. r,1r, Desmond said that personally he would be in favor of a swim and racquet club. I-Ie llÌ 11 broach the matter to his principals. The Mayor asked the Council if they are not in effect telling the applicant he will get his rezoning if he provides recreation, Councilmen Benetti and Jewett demurred. Councilman Jewett added that the map in general looks good, that the lots are good slze, that the development is a start on improving Monta Vista, He called it a trend in the right way. Furthermore, he could not see much wrong with R-2 on McClellan and R-3 on Mountain View-Stevens Creek Road. Dean Sayre stated that kids cant be put on a golf course, nor can they be put on school grounds. The big worry is to keep the children off Mountain View-Stevens Creek Road. He also said t¡~t there are more bars than needed in the area. Stella Ger·tson, he said ~Jants to develop a Disneyland type of use Ilhich he also criticized, With reference to houses located on busy streets, he said that it is his observation that these are the first to sell. The Mayor assured Mr. Sayre that all opinions are duly considered without regard to address and that the people living outside the City limits are getting an equal consideration to those living within the City limits of Cupertino. Councilman Pelosi disagreed with Mr. Sayre in that the local school districts have fully cooperated with the City recreation program, Specifically they have granted use of property, facilities, and equipment for City recreation. He stated that such a City supel~ised recreation program has been in effect for quite some time, He also toolc exception to r,1r, Sayre's opinion that single family dwellings sell well on busy streets such as 90' thoroughfares. He mentioned recent developments which would have been deterred if R-l ~¡aS situated on 90' rights-of-way. He reiterated that the City Council has always given every consideration to people without the Ci ty limi ts, He aslced Hr, Sayre to annex to the City, The Hayor said that such an annexation would be studied at a later date; the question before the Council now concerns the zoning application, "BII. Councilman Saich asl"ed about the acreage in the area labeled r1r, Desmond answered that there are 4! acres in area "B". -6- 457 COUhú~lman Benetti observed that we have a would-be cooperative applicant and tlleref"ore he favored pursuing the recreation matter further and encouraging the applicant to discuss it with the City in detaiL In the two-wee]: interjm this opportunity could be exercised by Mr, Desmond on the basis ore business proposit2on, Councilman Pelosi sa2d that a 90' right-o.L'-way should also be discussed. \lard Crump said that Mr. Benetti's suggestion raises quest20ns in the mi¡1ds or builders, namely that home buyers may feel that the same rate of tax is unfair if the owner is in effect providing his own recreation, Would the City providing for reduced tax rate equalize the cost of recreation, Councilman Benetti ansv¡ered that, off-hand, he could see no essential difference between such a situation and the school tax applied to families who send their children to parochial schools. They have to pay the ta:~ rate although they do not avail themselves of the facilities. Moved by Councilman Saich that the hearing be closed, Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Jewett that the City Attorney be instructed to draft the ordinance rezoning the subject property per application 37-2-61 and approving the tentative map as recommended by the Planning Commission Resolution 69, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 V ORDINANCES AND RESOLUTIONS ~OR ADOPTION: A. ORDINANCE 189: Rezoning property of Ripley Homes from R-l:B-2 to R-l; 2 acres on the \"1es'c side of Blaney bet,"¡een Hariani and Forest Ave., adjoining Triumph NO.2 Subdivision. Planning Commission Resolution 63, Tentative Map, (File 35-Z-61). Second Reading. Moved by Councilman Saich that full readlng of Ordinance 189 be waived by unanimous consent and reading confined to title only. Seconded by COill1cilman Denetti. AYES: Councilmen: NA YS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 The City Clerk read Ordinance 189 by title only, Moved by Councilman Saich that Ordinance 189 be enacted. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 B. ORDINANCE 190: Rezoning property of Joseph D'. Brown from R-3-H & R-l:E-2 to M-l-H ~, R-3-H; 8~ acres on the west side of Highway 9, 1819' north of Stevens Creek Blvd, (File 22-2-61) First reading given, VI PA YING BILLS: A. Resolutions 497 and 1¡98. -7- 45M ~ ~ r~ Moved by COl!.J1cil'11?n Sa'r.lo, th.Flt Resolution 49"( be adopted, ~~ Seconded Ly (;uudcilman Pelosl. µ;f~·: AYES: Councilmen: NAYS: Councilmen: ABSEN'r: Councilr.¡en: MOTION CARRIED: Benettl, Jewett, Pelosi, Saich and Lazaneo None NOi1C 5-0 Moved by Counci lma.d Benetti that Re so lutionL~98 be adoptsd. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, SdlCh and Lazaneo None None 5-0 VII PROTESTS AND WRITTEN COMMUNICATIONS: (1) MacKay & Somps: Appeal of Planning Commission denial, Rodrigues Avenue rezoning. Moved by Councilman Pelosl that the City Councll set I1acKay & Somps appeal for hearing October 16, 1961. Seconded by Councilman Saich. AYES: Councilmen: NAYS: CouncilQzn: ABSENT: Councilmen: MOTION CARRIED: Benettl, Jewett, Pelo¡;i, Saich and Lazaneo None None 5-0 (2) Cupertino Council of P.S'.A.: October is membership month. The P.T,A, requests that the City Council proclaim Octobe,'c:> be P.T.A, membership month, So moved by Cou,lcilman Je1l8t'c. S3concèed by Councilrri8.n Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSEN~: Councilme~: MOTION CARRIED: Ben€:tti, Jaw2tt, Pelosi, Saich and Lazaneo . None None 5-0 (3) Inter-City Council: (4) Footlull COllege: Invi t;at:;.on at 8:00 P,M., also tour on tJIonda.y, Nùti"e of meeting October 5th, Los Ga.tos. to deèication I"riday, October 20, October 16, at 4:00 P,M, (5) Chamber of CùJnmel'ce: ;3alance of statement for fiscal year 1960-61, also budget for 1961-62, \~arner Wilson, Vice-President of the Chamber of Commerce read parts of' the reporc and aslced the City to appropriate $2,000 for the current fiscal year for the Cup&l'tino Che.mber of Commerce. The Mayor recommended that the City allocate ~;2, 000 tCJ'"al'd the Chamber of Commerce, as requested, !iIoved by Councilman Jewett that the Ci ty appropriate $2,0')0,00 for the Chamber 01' Commerce, to be paid in t"o equal installments, one now and the second af'tel' the first of the calendar year. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Salch ~nd Lazaneo None None 5-0 Councilman Pelosi s&id h,- has not yet had an opportunity to read the report, which he would like to see, especially the account- ing of expenditl.tres, He also recalled thA.t he has ask"Jd the Chamber of Commerce in the pa.st for the list of the contributing members and the contributions of each. He stated that the Chamber does nee money and noted that. $8,000 or $10,000 ccu1d probably be raised, incluùìng the City's contributlon of $2,000, He said the City Council should analyze the internal st~lcture of the Chamber of Commerce. -3·· Ai l~o. <±:aiJ Tony Lillo, treasurer, read the receipts and expenditures for the past fiscal year and the budgeted expenditures for the present fiscal year. The bank balance as of 6-30-61 was (66[[9.80, Expected income for July 1, 1961 thru June 30, 1962 makes the total available $4,835,80 (not including the City Council appropriation), The budgeted expenditures total $6,580.00, making an anticipated deficit or $1,744,20, Mr. Lillo said that the new budget will increase the level of serVlces provided by the Chamber of Commerce, and that the $2,000 just appropriated by the Council will keep the Chamber in the black, The figures are based on a membership of 80, He suggested a joint meeting with the City Council in order to discuss further the Chamber of Commerce organization and program, The Mayor said that the Council will select a meeting date and submit it to the Chamber ror their action. (6) Perry Scott, City Manager, Sunnyvale: Letter or October 26, 1959 to Mayor Nathanson relative to "an inrormal meeting on October 5, 1959 between the Councils of Cupertino and Sunnyvale". Discussion concerned the agreed boundaries between the two cities, curb to curb width of Homestead Road, and Sunnyvale's support for the extension of Mary Avenue to Stevens Creek Road. Also attached is Resolution No, 4355 of the City of Sunnyvale adopted December 27, 1960, requesting the Santa Clara County Board or Supervisors to provide funds for purchase of rights-or-way for widening of State Sign Route 9, VIII REPORT OF OFFICERS AND COMr1ISSIONERS: A. Report or City Treasurer: None, B. Report of City Engineer: George Perkins made mention or the September 26 Council meet- ing at which time there was discussion of the Cupertino-San Jose storm drain agreement for the McClellan road area. At that time Cupertino was still in need of additional plans from the City or San Jose, and they have not been submitted as of October 2. The report of October 2, 1961, concerns the Highway 9 improve- ment with the recommendation that the estimated cost as indicated in the report be adopted by the City of Cupertino as a maximum figure ror reimbursement to the County of Santa Clara in conjunction with the right-of-way acquisition for Highway 9, The report lists the property owners on Highway 9 within the City, tl~ existing right-of way, the frontage, the needed additional right-of-way width, cOmmitted area and the needed area in square feet, Discussion con- cerned the actual acquisition of property to be dedicated to the City as part of a rezoning, The astual mechanics of these dedica- tions provide that the dedication is not made until the time of improvements, not the time of rezoning. The Mayor noted some corrections in the report such as changee in ownership and proposed a study session to pursue the acquisition of the listed properties and the engineer's report as a whole. Councilman Pelosi asked about the ramifications of the report and any adopted property value relative to property tax assessment. If the City Council establishes certain values on Highway 9, what will be the result on the ad valorem taxes levied by the City through the County Assessor's office. The Mayor reviewsd the fact that the Council has been using a value of $25,000 per acre on Highway 9, He soheduled the subJeot ror Friday, October 6. C, Report of City Attorney: (l) The City Attorney read the Division of Highways letter dated September 26, and signed by R, A, Haylor, relative to a cloverleaf type interchange at Route 239 Freeway intersection with Sign Route 9, The letter stated that the Division will review any trafric information presented, although reiterated that they -9- 46U ¡...It ~~ L~ consid er the díaroond tYPA í 'Ot,er')hRng~~o be a proper design for the """ intersec'cion. The letter further s'ca ted the predicted s. verage dally traffic fòr El l'Ionte Avenue for the yeó.r 1980 as well as the turning movements predicated at the ,,01'7;.'0 239-- Sign Route S intersection, (2) The City Attorney Gave fir3c rea.dlng to Ordinance 191, decreasing the 45 r"ile speecl l:unl j; on Homestead Road, (3) 'fbe City Attorney read Planr..ing Commission Resolution 66, which referred to Ordina;c.e 89, th8 sign ordinance, The resolution malces reference to the pos2:\.C:Jility of Ordinance 89 being an emergency ordinance and also recommends the scheduling of a public hearing to discuss possible changes of the ordinance with rpspect to shopping center signs and such other lna tters as the Council méty wish considered at public hear~ng, The City Attorney advised that Ordinance 89 Has not an emergency ordinance but ¡'ïaS duly passE-d as a regular ordinance. The ~1ayor marked the s:Lgn ordinance for discussicn at the October 6, me~ting. (4) The City A ttornE-è! 'cook note of a claim for èiamages presenced to the City of CU;Jer·c:.'10 cn Octc::,er 2 by Richard M, NcGo\len on behalf of Russell Wright. He 8.dvised the City C12rk to file a copy with the CH;y I S insu:'¿HJce carr·iei.', Earl T. F'isch€r. He advised that these cla:trr:3 be Ji.spii t-ched iITë¡ledi2.tely to the j.nsuJ:'ance carrier in any future Cft'!"". D. Report of Planning C0nwiRs~oh: See Planning Commlssion m:lnutes of Septerr.uer 25, 1.0('1. E. Report of City ¡YIamlge::': (1) The So\.~th2rn Pacifj." ¡e H, CJ. seeks ¡:;eë'ffil ssion to apçear' before the Council for ëhe Cltyi3 s~ppor~ in S.P. is att0mpt tö' acq·..¡ire control of W¿.?t.~:~·n Pacific n,R, Inasmuch as 3anta Pc. has already been deniEd tb2 same privilegE, ~t is 83RumeJ that S.P. can be in.fOrined aCl;ordj_nŒ:~~f"~ ¡.!.\~1.e Councj. i conc4I'r-=c1. 0 (2) The Cl";,3.mber 0I' Ccra;,n¿r-o'~, folluwing ëh€ Cocmeil's suggestlon, has sè<bm.i.t·ced the L2.ú1E Foot>111 13oul=vard in place of Mountain ìïiew"SteveDs ('reek hoad. The C:L ty Manager said he will so inform U,e City of :L0,: Altus al'!d the Ccunty. Moved by Coundl![¡an Pelosi that the City of Los Altos and the County be infcrlnedcbJ.t. C..¡pey-cj,no adopts tbe ne.me "PooäÜll Boule·. vard" for Mountain VievJ-Steve¡¡s Cx'ee!-: Hoad. 3aconded [,v C0Uloci irilé.n .... - -. Benetti, AYES: Councilmen: NAYS: Councilmen: ABSENT: COllnci lrr¡en: MOTION CARRIE]): Benetti, Je;~ett, Pelosi, Saieh and W."CJX1¿'0 None N8ne 5-0 (3) scheduled Sunnyvale The City Manager reported that October 11, has been for a joint meeting with the Sunnyvale City Council at City Hall on the subje~t of ~~r~ Avenue. (4) Plans fur 8ignaliz3.tion of NiJ ler and Stev0ns Croek Boulevard and Blaney and Stevens Creek Boulevard are proceeding, Tracings and specifications fcr' t:18 installation have beeD I'ec2ived, prints have been made up and speclfi0ó.tions eOI':::,ecteå.. Bids will be opened October 16, 1961. (5) Nr, Hyman, cngln.H'~' :ro,n the D:;.vjsion of' Highways, has presented pictures sllmÙng t:lat C3.l^S di23;onally parked alcngside of the stores at the :õu,ltheó~st C;0rner ')f Highw",y 9 and Stc-.vens Creek Road are encroaching on the Sbt.e :-lig\1way. He stated that the law requires that parallel p,~,rlci 1!~ 1'1'..\St be observed on any state highway and that cars are €ncrob.ching by as much as four feet. If the City will adopt an ordinance r<~quiring parallel parlcing the StatE) will install the necessary lanes, parking stalls, and also the signs "parle parallel", --10· 461 The City Attorney said that t'pa.rk parallel" signs we!'e installed about 4 years ago, but an enforcement problem resulted and the signs were removed. He said he knows or no code section to prevent cars from baclcing onto Highway 9. The Mayor scheduled the subject of parallel parking for the adjourned meeting of October 6, Councilman Pelosi said that if parallel parlcing was to be discussed it should be discussed with res:pect to all of Highway 9, not simply the Cali property. Councilman Pelosi aslced what happened to the assessment district report requested for Highway 9, The City Attorney said that the City Engineer has reported northing could be done until the State was finished with its widening program, The Mayor asked the City Manager about the assessment distrlct report on Blaney Avenue, The City Manager said he will make the report at the next meeting. * * * * * * * Jerry F~tzgerald called attention to a lot on the west side of Blaney owned by C. B, Clifton. Mr. Clifton wants a building permit for his site which is on the north side of Regnart Creek, some 400 or 500 feet west of Blaney. The Mayor said that he could not see the necessity for install- ing full City street improvements at this time. Therefore, he proposed that the building permit be granted and the owner be allowed to improve the street to City standards when the remainder of the adjoining property improves the right-of-way. Moved by Councilman Saich that C. B. Clifton be granted a building permit and that he be allowed to improve the street to City standards when the remainder of the adjoining property is so improved. Seconded by Councilman Benetti. Moved by Councilman Saich 'Chat the motion be amended to require compliance with all other conditions of the building code and Ordinance 2(A) including the stanQard fees. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED:. Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0. The main motion carried 5-0, * * .. * * * * IX UNFINISHED BUSINESS: A. Water Commission. No report. B. Miscellaneous: The Mayor scheduled the City !~nagerls report on the engineer- ing department for Friday, October 6th, to the extent that a date for deliberation at some future date would be set, X NEW BUSINESS: A. Chamber of Commerce: Request for support funds from City for general purposes. See VII (5) above, B, Miscellaneous: (1) Councilman Pelosi again mentioned the quadrant adjoining ..ll- L162 1-' .--: I~~ the southeast corner of High~Jay 9 and Stevens Creek Road and ¡"",. proposed that M-l be considered for this area and/or refer the matter to the Planning Consultaût, (2) Councilman Pelosi asked the City l~anage:r for the status of the report on health benefits for City employe8s, The City Manager said the report \lOuld be submitted at the next meeting. XI ORAL CO~1UNICATIONS: None XII ADJOUIlli1<IENT.: The meeting was adjourned at 12:00 to personnel session, APPROVED: Isl Nick J, Lazaneo Mayor, City of Cupertino ATTEST: ( '-,' \ ~ :,~ . '-' '. ..-,.-"... . ðity Cleric / I"f: \\ <¡: ..¡- . .-"" -12-