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CC 10-06-61 AI f.;': O::¿' "H}eJI 10321 SO. SJ\P.ATOGA-SUNNYVALE ROAD AL 2·/+505 C I T Y 0 Feu PER TIN 0 CUPERTINû~ CALIFORNIA MINUTES OF THE ADJOURNED REGUh4R r1EETING OF THE CITY COUNCIL October 6, 1961. PLA CE: TIME: 10321 So, Saratoga-Sunnyvale Road 8:00 P,M. ROLL CALL: Councilmen Pre5ent: Benetti, Jewett, Pelosi, Saich and Lazaneo Staff Present: City Manager, City Attorney, City Clerk and A5st, City Engineer, I The Mayor 5tated that Jerry Fitzgerald, Gary Stokes and Louis Segal were considered, in a psrsonnel session, for the vacancy on the City Planning Commission, After due consideration, the Council voted to name Jerry F~tzgerald as the new Planning Commissioner. Moved by Councilman Saich that Resolution 499 appointing Jerry Fïtzgerald as a member of the City Planning COmmission tQ fill the unexpired term of Phll Eagar, be adopted. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Councilman Benettl asked that the Cit'Y'Mà.nager be authorized to inform the other appJicants and thank them for their interest, and also to thank Phil B~gar for his services to the City. So ordered by the Mayor. II Highway 9 Improvement: The Mayor stated thiJ.t the City Council has studied thè ownership dedication list and that the City is pre5ently acquiring dedications along Highway 9. The Cj.ty Engineer presented a revised list after the submission of the October 2 list, Mr, Perkins said there is nothing further to add to the new list, The Mayor said that the people are rallying to the cause and coming in with th= neGessary property dedications. III Amendments to Sign Ordinance: The Mayor said the City has a request from certain developers in the Cupertino area, Messr5, Oakes, Crump and King for example, on the basis that Ordinance 89 is too restrictive, He proposed that interested builders be notified to appear at the Planning Com- mission hearing on the ordinance, At that time the Planning Commis- sion will forward a recommendation to the City Council which in turn will con5ider the s:!.gn ordinance. Discussion arose over the Planning Commission Resolution 66, Moved by Councilman Pelosi, seconded by Councilman Saich that the Planning Commission hold a hearing on Ordinance 89. G AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Councilma.n Benetti stated that he would li]ce to be a member- of the committee if the Planning Commission finds they wish to form such a committee for the purpose of considering or revising the ordinance, He said a lot of hard work went into the present ordin- ance and he would like to participate in any discussions of its amendment. -1-' 464 1- ~¡IIIr~ p".~"", l. ..... Councilman Pelosi asked the Mayor the purpose of the scheduled ~- sign ordlnance hearing inasmuch as both the Commission and the City ,~~ Council dld at one time spend months on the ordinance. The Mayor said that the applicatloDs submitted for variances have prompted the commission CO l'eco!lsider the ordinance. Certain features only of the ordinance l'Iill c'Jme in for discussion, Councilman Benetti said he would hate to change Ordinance 89 simply for the benefit of developers, The ordinance has worked Hell he said, and has served its purpose and the Building Inspector is sa,tisfj.ed that there is normal complJ.ance with the ordinance, The City Attorney advised that the sign ordinance may be too restrictive with respect to advertising businesses situated in a shopping center, The Planning Commission itself st~rted the re- consideratlon of the ordinance with the developers simply voicing agreement that further consideration should be given to pal-'~icular phases. IV Parallel Parkin;,;; eaat side of Highway 9 just south of Stevens CreE,:" Boulevard: The City Manager rcported that he has contacted the Division of Highways on the subject and they agree that the parking at the subject location is a problem, also that another business or two is probably in the same category, namely, encroachlng on the state highway, A def1nat1, ve repol't wi 11 be forthcoming at the next meeting. The Mayor read a petition presented to him on O~to~er 6, relati ve to the parking situe,t.ian on Highway 9, The pe'ci \;ton in- cluded a letter früm Marjory Asche in which she asked for n~re time in order ta provê the.'c the CUSéomers ',qent to kcep the parking place the way it is, The 8.ctual petition stated that the undersigned owners of business es'cablj.shments hereby protest any action to tak, away their park1,ng r,r1vileges, stating further that this vïould seriously endanger t~8 entire business operations. The letter was signed by about 4'( p¿o:;¡le. CU3tomers have signed the petition as well as store ow~ers, Moved by CGlIDcilman Bsneõti that the petition be filed. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Ber,ecti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Councilman Saich suggested that the City send a copy of the petition to Jess Black of the State Division of Highways. Council- man Benetti requested a complete report from the City Danage~ on alJ available parking to the rear of the stores, on the side, and in the front, The Mayor stated that the Council should await the report before sending the petition to the State, Councilman Saich stated that parallel parking was unenforceable 4 years ago and might be the same now, V Set date for future discussion of the City Manager's report on the Engineering Department. The Mayor set a tentative date of October 12, 1961, at 8:00 P.M, at City Hall, as the time and place for discussion of the report concerning the engineering department, VI Miscellaneous: (1) Planning Consultant: The City Manager reported that he and the City Attorney studied the contract with the Planning Consultant meticulously, He referred -2.., 4(J5 to his written rev",t dated October 5 in which he observed that there are several items in the agreement which could ta!œ an un- necessary amount o~ time and money. Sectïon 8J page 13~ last sentence in the paragraph should be deleted and the following inserted in its place: ;tIt js understood that in the event the aforesaid application is not granted, this agreement should be null and void as of its inception, subject to payment to Consultant of the reasonable value of se~"ices rendered to date of denial of grant," The City Manager said that this would protect the City in the event that the Federal Government did not approve the contract and/or the work and did not a).locate the money therefor. Cow1cilman Pelosi inquired about the zoning ol~inance, suggest- ing that the master plan, and therefore the contract itself, is in- complete without a zoning ordinance. He asked the City Attorney if the contract does provide for a zoning ordinance. The City Attorney answered in the negative, explaining that the zoning ordinance was included in the contract but was deleted by Mr, Abraam KrusW<ov, Mr, Krushkov has stated that a zoning ordinance would cost 'p2,000 to $3,000 and he declined to include it in the contract for the master or general plan. Councilman Pelosj observed that the payment has been increased from 4;20,000 to $30,000 aslë:Lng why the City would not be entitled to a zoning ordinance worth $2,000 or $3,000 in exchange for the in- crease of $10,000, The Mayor advised that the Planning Consultant now thinks that the plan will entail much more research t~an he at first thought would be necessary, He s2.i.d that a further stalling would put off the advent of a Planning Consultant by another month or two. Councilman Pelosi said that he has no intention whatsoever to stall the matter but it is still a fact that $30,000 put into con- tract will be paid to lIJilsey, Ham & Blair, although the City's contribution has not increased and remains at $10,000. He asked again why no zoning ordinance would be pl'ovided for tr.at sum of money, 9 The City Attorney said that he put that very question directly to Mr. Krushkov, Basically, said Mr. Anderson, the agreement is one between the Federal government and the Planning Consultant and that the additional $lO,O)Oallo~ated by the U. S, Government is included to finance such studies as the government may require. The zoning ordinance is not a concern of the Federal Government hut is rather a concern of the City which he descl'i bed as a minor party to the agreement, This agreement must be approved by the Federal Govern- ment, He said again that r1r, Krushkov is willing to prepare a zoning ordinance for $2,000 to $3,000, by signing another agreement. He repeated that the FBderal Government is not interested in the phase of City planning involving a zoning ordinance. Furthermore, if the FBderal Government does not approve the contract and the work, the City is out a master plan, Councilman Jewett stated that the City would then have a separate contract for its own, assuming the present agreement is approved, He asked whether there was any possibility of incorporat- ing this agreement into the present contract. The City Attorney said that he did this, but the contract was rejected by Krushkov, He also said that statements in the present contract to the effect that another contract for a zoning ordinance would be signed is worthless. , " The Mayor summarized by saying that Mr. Krushkov does not want the zoning ordinance to be part of the contráct. '. .cB Counci lman Jewett as!ced whether anyone had ever seen precisely what requrements the Federal Government has for making grants for aid to cities for the completion of a master plan. He said that discussion revolving around the fact that the Federal Government required certain things in order to finance the plan, but he asked for more concrete evidence, The City Attorney said that he made about 15 changes in the contract, all of which were acceptable to Mr. Krushkov with the - 3" 466 'of.' '; .,;: . ··.·r·' 'C', ,; .-:)r·,I':r. , "\ ~ ",: ~'. " ',.:~';\;-: " . :: ...1. -,'. "J ,[ t·-:·, ,¡ exception of a zoning ordinance. I-i- ),~ C·~ !¡r.. .',~~ " Councilman Jewett said again that he would like to see the Federal Government's rules on the subJe~t. '. . The City Attorney said' that·1VJ~."iruShkOv maintains that he is not a Planning Consultant.' tIe says' he will only attend a few meetings. - . '" CouncilmanSaich said that the City had better take advantage of' the Federal gra:nt!ài'ld sign the cont,factilor the general plan. . o.i·:· I\,' _ ,:.. CouncDlmãn Benetti'said that there is no doubt that the City needs the plan. Referring to Councilman Saich's'intimation that th Qity will getr$lO;ÒOO'worth of additional plan with the revised ¡,contract, he"saiei' he could not see it in writing" '~:" .. c', ,-'f·..., " . The Mayor recalled that the':'PlanningCónsultant did not specify verbally the amount the plan would cost at any time, -. . ~ . \' . . Councilman Pelosi 'said tl1~t thè city need~j, the Planning Consultant. . The only reason he raised" the question is that the zoning ordi,nanceis' missing an(j. the 'ë,9,htent;ï.on has been made a number' of times ir!¡' theCi ty that. a plq;l'lis not w:orth the paper it ·is written 'onwïthoJt aZQn:Lngörd1n"nëe. He aßked the City Attorney .if he., dip, . notàg-reei-li tho th:ì,s'.'Í'he Ci)y ,A ttorn~y did agree. , ... . .: ; ;.....,' ~_', c', . , " . Councilman Pelosi said 'it appears'tJ-¡at this Council has not been aware of the full contractual.impl¡Lç,a,tions v¡ith the Federal ,GQvernmentV, He' proposed the' City ~e,t'-a¡ ,~c>!:)ing ordinance started with the plan, :,,; ,',. , " . 'I. ._, ":', The City Attorney said that the Fedèral Government 1s in complete control of the progress paYme~ts to the Planning Consultant. A progress report ~lSt be subffiittedto'the Government officials for their approval, H~ sata thath~"h~m~e~f ~s ~ots~re what the fed~raJ; government is 'gqing tÒr:~qúired ªr1d:th~t )~tmsÞJAov does not :,~aøw: at this dme What "pIle, gbV:\'im¡nent ,;w;\,l~(,1?ªq;\!¡,¡:¡e,,\f:oDVthe addi tion ,.1QjO~~." <;:: ' ',,' ,~';-':~~::'è<:;::<,'>' J"": "The Ç;it:r'Marià~erstát,edt!'ì!Ù" t1:iè 2:OJ;1i,ng ordinaL')ce cannot be st'ar.ted ,uITtil:,'a ge¡i¡~ral plan haS been íiPpro.vedill;;final form. ' I.' ,1> .:' :", U~·(:.:':\'. ':. ' _ . ~ " , Counc.U'màrl Pélosi as]{e'è1 aÞöt¡,t'th~ho1Ì¡;;¡Y pa¡yments for attendance a t Planning Cominfs sian meetings, " , ,." , I:. -\ ~¡ ''''1'' ',) .\: "'.; . " , ,The, :Mayor 1:fàid '1 t wou'Id be!. ridi culous to have Mr. Krushkov go ov,eJ:\',minutes a t$16" 00 per hou~~~ although an hourly rate would be b~tter, than a,flat 'fee formeetihgs, !',,;.-. - Councilman/Jewett stated that Mr, Krushkov prefer.'ed not to attend the meetings.' The' Mayor agreed, saying that !VIr, Kruslchov his Job to attend hearings and answer questions etç; 1" maintains it is not frpm the audience, '".'-. ~ -.';.'.'\.1' '.:j , 'lIhe Oit1y [J'ÍJália'gé'!",Ståted that the Federal Gov,ernment would not pay fQ,r':a ,Plát\11ing:1Director, but only for a master"/plan. , ", ;'.: :",:.', '>.J'~.:\ -',".:': ";_'. '! ('. ,: Councilman Pelosi observed that information þeing reported now ,do;es 'not, corres:¡¡iond with that ,he heard at the hearings involving th Planning 'Consultant.' . -. ~:. , .)\)),>: .::, . '~,:.:-';-- reported that Mr. Krushkov ",ould attend 15 <, .j,"¡ f)f':; ,,_, " The '.Gìty, .Manager ,,,,",\")." 'meetings." ," , . ··.f. ., :-. t,,, ',.J Councilman Benetti ¡¡aid that he"" thougl1t eve.ryo):)e would be satisfied if' we can be f!ure. pf g~t,t.ipg a zoning; pr<;1inance for from $.:1:,000 to $ 3-,000,' 'Ibe MaY9Ï' cpi}'cl'4!'iéd, that, tþ!!; 'j¡;g¡r¡i,ng.0rdinance cannot be·J,rilà.rt of th~~,gen)eralplan,cor¡.tráé1;,l;>µt'aI!lPthe,:r' contract should, be', drawn for â ':::bqipg ?î:'dinaJ;'lCe aP99ª,í;ing; ,$1-,000 to $2,000 and it should be preseritec1"to'Mr. Krushkov, . ", .", ", -I ',; ,,'"¡' v-:; .:. '~'., ','; ~, :; ,Councilmal?: 'Peldsi'í1gr~ed tha.t tt¡ej,\l;Ejne,rad. ,PJ.:anat,a',cost of $10,000 to thè City is cheap at that price and the City shol.Üd take .,/j... 461 advantage of it. I!01a..ver,:-:'e r:;aintained that the zoning ordinance should be tied to the plail. The Mayor said that the preparation of a zoning ordinance should be included in a separate agreement to be prepared and presented by the City Attorney and City Manager. Councilman Jewett said a contract should be presented by the City Manager and City Attorney for the preparation of a zoning ordinance at a cost of $1,000 inasmuch as much of the information necessary for a zoning ordinance is already in City Hall, Councilman Pelosi moved that the City approve the contract for the preparation of a zoning ordinance for presentation to Abraam Krushkov of Wilsey, Ham & Blair, authorizing the Mayor and City Clerk to sign, Seconded by Councilman Saich, After discussion, Councilman Pelosi withdrew his motion and CounCilman Saich withdrew his second. Moved by Councilman Jewett that the City approve an agreement for planning services with Wilsey, Ham & Blair for the preparation of a general plan subject to an additional contract for a zoning ordinance at a cost of $1,000 to the City for presentation to Mr. Krushkov, the Mayor and City Clerk being authorized to sign, Seconded by Councilman Saich, AYES: Councilmen: NAYS: COuncilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None NOile 5-0 (2) Extension of Mary Avenue: , The Mayor stated that the City has maåe no progress on Mary Avenue, that it is no further along now than at the last meeting, No cooperation with respect to ¡,1ary Avenue storm drainage or Home- stead Road has been received frùQ the Fremont High School District although full cooperation has been forthcoming from the elementary school district, The Mayor stated that the high school district does have the map of Mary Avenue and they do in fact have knowledge of the street. So far negotiations a:¡d discussion have been to no avail although school officials were aware of the City's plans. Also the Mayor said that he feels Cupertino has been let down by the neighboring City of Sunnyvale, Extension of Mary Avenue would be of as much benefit to Sunnyvale as to Cupertino. He said the Council may as well be blunt on the subject and furthermore that the City has been too cooperative in the past vTith both the aforementioned juri sdic tions. He asked to hear from George Perlcins on the re la tion.. ship between his office and the high school, ~1r. Perkins said that his offi ce was not aware of the plot plan and building plans until tile school's landscape architect presented the map, although they did know of the sale, His office did submit the alignment of Mary Avenue to the school board b~t they themselves did not know the situation until presented with the afor~.. mentioned plot plan and building plans showing that the school auditorium encroaches 10 feet on the Mary Avenue right-of-way, The City Manager reported Ghat he has made many attempts to contact the school superintendent, largely without success. He did discuss the matter with Earl Goodell, the assistant superintendent and in addition has asked the C:t ty Manager of Sunnyvale to adopt a resolution on the subject of Mary Avenue, Although Mr, Stevens has been difficult to reach, he did assure the City Manager that the school district would be cooperative, They went into detail on Mary Avenue analyzing the traffic pattern and considering the move- ment of traffic on Mary Avenue, including the school traffic, Mr. Stonn recalled that the Council meeting with the school board indicated the meeting of mind,3 and on all of his contacts with the school district met with the response that they were working, The ~1ayor reported that the neighborhood plan of the area has even been presented to the City of Slli1nyvale, -5- 46S f- ~''1'''J L""04 The City Manager confirmed this and said that he actuallY:;:~~ discussed the matter with Mr, Scott, Sunnyvale City Manager. It was· stated at the joint meetinG that they would cooperate on Mary Avenue. The Division of Highways did say that they would not make provision for Mary Avenue unless the City of Sunnyvale included it within their own plans. Councilman Pelosi said the Sunnyvale City r~nager advIsed that his city would not appropriate any Sunnyvale funds for Mary Avenue that there would be no financial support from the City, although they are in sympathy with plans to extend the road to the south, past Homestead, The Mayor said that some members of the Sunnyvale City Counci: disclaim any knowledge of Nary Avenue, He therefore, asked if the City Manager is taking action of his own accord, Councilman Saich referred to annexation matters and asked how Sunnyvale is going to serve some of its annexations if they do not approve Mary Avenµe. Councilman Pelosi aslced for a complete set of facts and figures for the City Council in time for the Wednesday meeting with Sunnyvale on the subject of Mary Avenue, He asked specifically for the minutes and/or report on the Sunnyvale-Cupertino meeting of last year. (The City Clerk not present at the meeting). The Mayor asked whether or not there is a Sunnyvale resolution supporting Mary Avenue and furthermore what constitutes a resolution? Is a minute order in form of a resolution an actual resolution? Mr. Perkins reported that Resolution No. 4355 of the City of Sunnyvale refers only to the widening of Highway 9 and makes no reference whatsoever to Mary Avenue. The City Attorney drew from his briefcase a copy of Sunnyvale Resolution No. 4355, supporting the extension of Mary Avenue with appropriate grade separation, etc., enacted by the Sunnyvale City Council, December 27, 1960, 'rhe City of Cupertino now has two resolutions numbered L~355 by the City of Sunnyvale. Councilman Pelosi clarified the fact that the City of Sunnyvale supported Mary Avenue by resolution but they have declined to appropriate money for the construction of the approaches to the freeway, He said he is unable to understand Sunnyvale's position in this matter, expecially in view of the fact that their assessment method requires the property owners to pay for such a freeway approach, rather than the Sunnyvale general fund. The City Manager agreed that Sunnyvale has supported Mary Avenue by resolution, but has not done so financially. The Division of Highways as represented by r~r, Black does not accept this as the necessary support, The City Attorney advised that the law provides that the State has preempted regulation of high schools. There has been a statute that gives cities some control but practice and court decisions have virtually nullified the statute as it applies to school districts, The City Attorney said that the Taft case is now the 1:'\ -" of the State. The State has the power to say what goes on the school site and the laH has not been amended sufficiently to give the City control over the street patterns on school sites. Therefore, power lies in the State of Califon1ia and the school board and not in the City. The r,1ayor said that the Mary Avenue alignment was drawn long before the school picked the site, As an example of the City's position in the matter, the City Attorney posed a hypothetical case to wit: suppose the school decided that Homestead Road should be 40 feet along the length of J -6- 469 the property tho.'. 1:-,,, QohoJol owns, ",'.}.,-i Councilman Sai ch said that the bJ'lme should be put on the school board for not engineering roads properly on the site. ¡.J -,); j; Councilman Pelosi raised the attendance zone question, specifically, how will students residing south of the freeway reach the new high school site if they are aS6igned to that SChool without the existence of Mary Avenue, He said that the high school sites should be before the City Council in its discussion. Foothill College may be the key to the whole area in view of the traffic proceeding to and from that site and the attendant signals, streets, intersections, etc, There will be no grade separation on the freeway unless the City puts in ~~ry Aven~e,since the City does not want to place an injunctive suit against the school the responsibility for the street should be fixed, Councilman Benetti said suppose we can resolve the Mary Avenue problem \lith the school and the state and the City of Sunnyvale does not construct the westeY11 half of Mary Avenue south of Homestead, The street alignment is located on a property line with the owners on the west side located in the City of Sunnyvale. The possibility that they might not go along with the 90 foot street was then mentioned, Counc2lman Pelosi recalled that Sunnyvale suomitted maps and applications to Cupert2no for an op2nion when the question of multiple zoning in Sunnyvale occurred in that area. He therefore spoke of cooperation, He asked if Foothill College district was represented. The City Manager said that Calvin Flint, President, is not avail- able that night but the business manager will be present to represent the college, Mayor Lazaneo said that Foothill COllege trustees would also like to attend the meeting on the subject. The City Manager was authorized to write to all trL\stees of the Foothill College district relative to the October 11th meeting with the City of Sunnyvale, Councilman Benetti said that the 8chool district representatives have claimed that Mark Thomas Co, did not advise them that Mary Avenue was supposed to continue south of Homestead, He said the City should emphasize the fact that the City Engineer did inform the school district and that the school representatives were well aware of ~1ary Avenue. He added that the City should be prepared with the minutes of the meeting indicating that the school district was aware of Nary Avenue. Councilman Saich said he thought Norman Nathanson should be contacted inasmuch as he may be deprived of access if Mary Avenue does not go through. Jerry Fitzgerald, newly appointed member of the Planning Commission, submitted that the elementary school district is looking at the Sorci property for a new school, adjoining the west side of the Nathanson property, They are counting on r~ry Avenue for access, Councilman Benetti said that we had better notify Cupertino Elementary School District in that case. The Hayor said that Supervisor Wesley Hubbard should be invited. r~oved by Councilman Saich that Supervisors Hubbard and Merkens be contacted as well as any other supervisors interested in the subject of !·1ary A venue and the school access, Seconded by Council- man Pelosi, -7- ;1j·.lU ~Â. AYES: Councilmen:- NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: !:,~ r-.;. ~.~'-i l ~ Benetti, Jewett, . Pelosi" Saich, Lazaneo None None 5-0 h;~'\im \ Adjournment at 10:25 P,!1. to October 11, 1961, at 7:30 P.M. fTTEST: ".¡, I' " \!.', ",_ILA-".. Ci ty C1e rlc I 1:-, I ," (l \.í\CC, APPROVED: /s/ Nick J. L&~aneo Mayor, City of Cupertino -8-