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CC 10-16-61 4'1~ 10321 SO, SARATOGA-SUNNYVALE ROAD C I T Y 0 Feu PERT I NO CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - Octoò~r 16, 1961, AL 2-4505 ¡,....¡, !~ ,- l. _" :"~1~ PLACE: 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 Staff Present: City Manager, City Attorney, City Engineer, and City Clerk III MIWJTES OF THE PREVIOUS MEETINGS: September 26, October 2 and 6, 1961, Moved by Councilman Benetti that the minutes as listed on the agenda be approved as submitted, Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 IV AWARD OF BIDS ON TRAFFIC SIGNALS: Stevens Creek Boulevard and Miller, and Stevens Creek Boulevard and Blaney Avenue, The I~yor read a list of the five companies submitting bids. Councilman Saich said that the City Council did not as yet call for bids and he would lilce to see the specifications before examining the bids and awarding a contract. The I~yor postponed the award of the contract for traffic signals until Thursday, October, 19, 1961. Councilman Benetti aslced what specifications were needed for traffic signals; assuming such are needed he said he would like to see 1'1hat the City is getting. The specifications used by the City were presented to the City Council, The City Manager said that it was his understanding that he was instructed by the City Council to get bids, which he did. The specifications used by the City are specs written around those used by the State of California, and written by a competent traffic engineer. He said the bids are in order, The Mayor requested a report for the City Council prior to Thursday. Moved by Councilman Saich that the Council receive a report from the City Manager on the traffic signal bids prior to Thursday, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Councilman Saich said he would like to know the kind of poles, the lcind of rela;ys, the lcind of lights, and other J;ertinent details. Cow1cilman Jewett agreed that each Councilman should receive a copy of the specifications, Councilman Pelosi said that he would need some information in order to comment on the bids and to evaluate them properlY, He said further that he is concerned about the properties on the north side of Miller Avenue (which does not as yet continue past Stevens -1- 47,f~ Creek Boulevard). He said these properties must be taken into consideration, Also, he said, that all four corners at Blaney Avenue should be taken into consideration in the signalization, What about participation by developers? What about participation by the school in the case of Miller Avenue? The Mayor agreed that the school should be approached on the subject, The City Manager said that the school districts may not contribute funds toward the installation of traffic signals. Councilman Pelosi asked about a report on the \volfe Road signalization at the same time. The City Manager stated that this would be at least three months premature at this time, and that he would prefer to consider Wolfe Road separately at a later date. V PUBLIC LEARINGS: A, MACI~Y & SOMPS: Application 39-2-61 to rezone 2601 x 168' from R-2-H & R~3-H to C-I-H; south side of Rodrigues Avenue, 310; west of Highway 9. Denied by Planning Commission Resolution 70, Appeal, John Racanelli represented MacKay & Somps. He said that one acre gross is the approximate estimate of the property in question and that the net site would be ,75 of an acre. The applicant is a civil engineering corporation, located at the present time in both Sunnyvale and Santa Clara. They have surveyed the area for quite some time before choosing the subject site which he described as a central location both population-wise and in its proximity to a s ta te highway, The applicant does have a time problem, company must relocate in a matter of months, vacate its Sunnyvale office, he said, in that the It is obl1ged to He stated that the application should pass or fail On its merits, on the question whether or not a professional use at this location is consistent with good and logical planning. He ex- plained the application for C-I-H is due to the fact that no pro- fessional zoning regulations exist at the present time so that such a professional office can operate in a C-l-H zone. He added fUrther that this is the only use which can be authorized. The actual construction would be single story, shake roof, landscaped, with adequate parking, He reiterated he would like the application to be considered on the basis of whether or not this point in the City is good for a professlonal office. He noted the relative advantages of putting a professional office use in a C-l zone, He said this would be better for the neighbors than either R-2 or R-3 as it presently stands. There would be less traffic with the proposed use than in an R-3 use, He said that the property should be put to the best use for the public, not only for the owner, adding that the surroundings will inevitably devàop in a commercial type use, the location being only a quarter of a mile from the center of town. The proposed professional office does not present the same utility or traffic problems as would the R-2 or R-3 use and further- more it is better for the City from an economical standpoint, He said he definitely felt that the basis of the objections at the Planning Commission hearings concerned the C-l street vehicle which is necessarily being employed to accommodate a professional office district, He said there are no objections to the actual use, but only to the nOminal zoning that is requested, A possible precedent being established for the adjacent proper- ties was mentioned repeatedly at the Planning Commission hearings, said Mr. Racanelli, On this point, he contended tllat every applica- tion must be determined on a basis of what is presented in that application, not on speculation as to what might happen or what could happen, He asked the Planning Commission to decide on its -2- ¿~ '.,' /If ':(' ~ "'J!: !c_ ~ own good judb'TIent ~lhether or not thi s is the proper plaGe for a "'"'.. professional office, In other words, the application should pass '!"!:;': ôr fail on its own merits and not on "falacies or specious reason- ingll concerned wi.th ,"¡hat thE::: nsx-'c ç,ppl:"can.t; nÜ.ght: present. .....,,'" ~, -_..J I; there is a fear, he sa.id, chat the City cannot condition zoning, the applicant hereby a"r'eds to rezoning bacle to R,,2 and R-3 if no construction materializes withhl ü, reasonable time, SiJ,Y one year, The applicant would also he willing tü have th~ site rezoned to PO,-]-f once the necessary Ci.ty ordinance is adopted. He repeated tha t the applicant does need the zor.ing in a reasonabl:Y' short time. He asl~ed that the City Council consider the question "what is the best leìnd of zoning at a specific place at a gi'Ten time II , He 8-/Saj.n referred to the view that the present application is probably at least as desir'3.ble as the existing R-2 and R"3, A"Osthetically, he said, there will be no problem, and economically it will be hett(;r than the existing zoning. He said that if the application is considered on its own me:<::its the c:uestion of what the next property owner v¡ill request, such 2.:3 Mr. ChoV/, can be considered if and when the applicatJ.;):ò l.ì'lterializes and second, that the test should be applied as to V/heth21' er not it is good planning and whether it is in the interest of the public as a whole. Councilman Saich aslced the applic&r:t if he is actually willing to go to PO-H in the future. Mr. RE,Ganelli a:")ßlisl'ed "yes'l; 1;r,at the applicant is only going i:1to a prof(-,s:;:;"..nal uróe not a com:nercial use anyway. Geor[!;e Somps, partner in the fÜm ü')plyi'1g for the rezoning, told the City Counc:Ll that the compEcny h8.J been located in the C:i ty of Sunnyvale 9 years and has been in business for 9 years; th."t an office was recently opened L' the ci ty of Santa Clara, T:B Sunnyvale office must be vacated by thc;lYI in c;he near future 'J.'ld they have chosen this lOcatj.on ('.s a c.ompatiDle site, They feel thFl,t Cupertino has tremendous gr'owth potential. At the present time MacKay & Somps has an office fo~ce of 20 and 4 cars in ~se at that office, ¡.Jr. Somps posted a renderj.ng cf the proposed building, He identified the parking at the rear of the property and said that he is surprised that p20ple h¿ve obj~cted to a professional office bUilding since he considers it more desirable than what exist8. They do propose to build, he said, ths:i are '"'lot land speC;.llators, and they have faith that the City will gro,t and progress. Councilman Jewett a3;~ed for the neighborhood plan, which was then posted, He aslced if the present zoning, R-2 a:"'ld R-3, goes to the edge of the street only. 'l'he "èlêswer was in the affirmative. Councilman Benetti observed tfßt the property line, shown in the deed, actually goes to the center of the road, The Nayor answered that this W2.S the case, but tr.at the dedications would go to the City for the street ¡liclening, making Rodrigues Avenue a 60' street, Councilman Benetti asked the appHcant if he is awa,'e that he needs to put in a ¿W' street running north and south, as)Üng further if overtures have been made to the ael.joining owners for an add.itiona.l 10' , t1r. Somps said th2.t he is familiar with the regulatior.s and that he understands that the usual proced~re is for the first developer to l1'lsta.ll a ifn' street, !.na,smucll as one-half of 'che street Nhich is 30 I would be inc:ufl'icisnt for tWO-Nay traffic, However, he saic'. he did not ezp0ct to ).'u'c :'Jl a 1~01 street at this time, since the str~'e'~ Hill not 0;' ·Li.;óed at thc~ p¡:esent time. They will reserve 30' for the futur2 st>:'eet which combined V/ith th", 30' he anticipates from the adjoin~.ng pl'.)pe:cty will be sufficient for the regular 60' Cupertino street. ~1r. Racanelli said that he coull try to obt9.in cro~s ea8ements so that either owner would be able to inst3.1l lW: if r¿qillred, - ~,. 4·75 depending upon who developed and needed the street first. Gordon Paulson, 20601 ROdrigues Avenue, addressed the Council to sa;'.' simply that he objects to the zoning, not the building. Mrs. Atkinson, 20615 Rodrigues Avenue, said that she objects to the statement that the C-l-H zoning is better than multiples; but she said this is merely postponing the multiples which will come as a buffer to the C-I-H in question, There is no place for C-l-H in a residential area she said, Lois Woodruff, 20713 Rodrigues Avenue, said that she still does not see how in all fairness the City could refuse Chow if he applies for commercial or duplex, Councilman Pelosi said first that he finds fault with the statement concerning zoning on its merits. If that is the case, he said, why not zone the whole parcel of land if it is a question of zoning on its merits and if the zoning is good. As it is, less than one-half of the property under that ownership is listed in the application, Second, he said that the same parcel of land was before the City two years ago and that at that time the same applicant maintained that R-2 and R-3 would be the correct zoning the the site, He went on to say that the City has inherited certain zoning, for example, the duplexes behind Town and Country Market, These are actually zoned C-l-H with the exception of 10' or so of the lots but they are actually being used for duplex and triplex purposes. Referring to the fact that the City has enforced the construction of a masonry wall between commercial and residential areas, he noted the existence of such a wall at the West end of the Allario Shopping Center, which is also the East boundary of the present application. This wall is mainly for the purpose of buffering or stopping the spread of commercial. Going back to the original application, he recalled that the applicants did maintain two years ago that the site is a natural one for R-3 and furthermore would be a logical buffer against a commercial zoning to the east. Therefore, he said, the presentation is contradictory now that they are asking for commercial, Again he said that if the area should be zoned on its merits, why not zone the whole 2~ acres not merely a fraction of it, In addition, he said that a road should be constructed from Rodrigues Avenue southerly to the south end of the property, then the road continued at right angles to intersect Highway 9, He noted that the property immediately across the street is zoned partly commercial and this present application goes commercial then the same might very well apply in a line with the present property all the way to Scofield. Moved by Councilman Pelosi that the application be denied, Inasmuch as the hearing is not closed, Councilman Pelosi with- drew his motion, Anton Gelesco addressed the Council and said that if the property goes R-3-H it ~lOuld result in two story structures, whereas a professlonal office building is single-story. Also, more people would result if it went into multiple residence. He said he thought it would be unfair to the people not to rezone it to commercial for a single-story building, Mrs. Atkinson stated that there is no guarantee that the property could not be sold, in which case any use permitted in a C-I-H zone would be legitimate, Moved by Councilman Pelosi that the hearing be closed, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Peloso, Saich, Lazaneo None None 5-0 Moved by Councilman Pelosi that the application be denied. No second; the Mayor declared the motion dead for lack of a second, -4- ¿!76 1- ~ /,""...... c. , Moved by Councilman Jewett thRt the application be continued to the next regular meeting on Novemb8r 6, 1961. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: , f":r· Benetti, Je¡..¡ett, S8.ich, Lazaneo P810si None '1-1 Councilman Pelosi asleed for a report by the City r·1anager including all of the nùnutes available, especially the proceedings of the original rezoning to R-2 and R-3, plus detaJ.ls involved J_n construction of masonry ~'¡alls, The Mayor agreed that there are minutes he would like to review and he would like in addition to loole at the site, He ad- vised the Councilmen to visit th~ area prior to the next mesting, Coun.::ilman Pelosi also asl<ed the City Engineer> 'co pr>ep2.I'G a map encompassing all of the adjoining properties, both north l,f t::e subject site as far as Scofield and also pertaining to ti1e propertier adjoining the applicant's site on the west, The Mayor concurred and said that the Planning Commission had studied the alley-way as it pertained to the former application of Statewide, Inc. He suggested the Planning Commission furnish such information as it had developed, The Mayor advised the applicant trA t the hearing would be continued to November 6, and he asked that the rendering presented by Mr. Somps be kept in the City Office. B. WILLIAM DUNCAN: Applicati~n 15-V-61 for a variance to allow a rear yard of 8~' where ordinance requires 20'; Lot 52, Tract 2153. Recommended by Planning Commission Res·"luticn 72. A map of the property was posted, indicating its location at the juncture of Regnart and Calabazßs Creeks. The Planning Commission resolution recommendir.g the application was reviewed. Councilman Jewett as!ced about PG&E clearance. PG&E has sub- mitted a letter to the City stating that their coœpany has no objec- tion to building construction on the suutherly 5 feet of the 10 foot public utility easement on the northerly boundary of Lot 52, Tract 2153, The easement is not being used, nor do they plan to use it. Moved by Councilman Pelosi that the hearing be closed, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Moved by Councilman Pelosi that Resolution 503 be drafted, approving the variance asked by William Duncan, as per Planning Corr.mission Resolution 72. Secon'ied by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None NC>E~ 5-0 C. FRAm{ SHEPHARD: Application 40-2-61 to rezone 10 a~res from R-I: B-2 to R-l; between Vista and P::'ar'ey adjo:Lninß the south side of a projection of ~1erp;;' tt. rleco!",nendsd by Hanning Commission Resolution 71. Tentative Nap 2.pplic2>~jO),1. George Somps posted a map of the pl'operty indicating the subject site and the adjoinìnß site to the north; there are 75 lots in the application, He said tha.t there have been no objections to the street pattern and that it conforms to the neighborhood plan of the area and to the over-all land development picture which will involve the property to the north, and was shown on his latest mnp Rlthou~r~ not part of the aJ2r,li8a·~.Lcn. W:i..7:Îl. r(;f8:;:(~:'l(:e tc...\::.~:e S1.-:J1:·T~ 41"'J'P".' , r: I drain lines, he said that development would provide money toward future storm drainage in the Cìty as well as provide the .in-tract drainage for this particular property and extend the drainage lines on Blaney Avenue along toward Homestead Road, The Mayor asked if there were any objections to R-l going into this area. There were none. Moved by Councilman Pelosi that the hearing be closed, Seconded by Councilman Sai ch, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 The Mayor stated that Cupertino should be proud of the homes that Mr. Shephard builds and that the area in question will be a credit to the City, He asked the City Engineer to review the engineering features, Mr, Fleming identified the sewer and streets on the map and the adjoining subdivisions, He indicated the location of the existing storm sewers serving the east side of Blaney and running toward Homestead Road, The subject subdivision is situated on the west side of Blaney. When the next unit, as pictured on the map shown by Mr. Somps but not part of the subject application goes in, it will re- quire an extension of the storm drain line, and the present sub- division will require some kind of dry well instaJlation now, He said the City has no way of getting a line pushed to its ultimate without continuing development and accruing monies in the storm drain fund, He said that the sanitary sewers are available and that the lots are of sufficient size, that the streets comply with the neighborhood plan, both as to location and width. Councilman Pelosi asked the City Engineer if everything then is in order. The City Engineer answered "yes", " Councilman Benetti referred to 10 feet of roadway on the tenta- tive map, asking whether this 10 feet has in fact been acquired. The answer was yes, He also asked about the 20 foot strip to be obtained from the adjoining property for Lot 19 of the subdivision, The applicant said that this property has actually been obtained, Councilman Benetti also aslced about the property to the north and whether the applicant intends this as a future subdivision. The applicant answered in the affirmative. Councilman Pelosi asked whether Vista and Mariani would be 60 foot streets. The City Engineer answered yes. Moved by Councilman Jewett that the City Attorney be instructed to draft an ordinance rezoning the Shephard property as per applica- tion and per Planning Commission resolution 71, and including approval of the tentative map. Seconded by COllilcilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 The City Engineer said that he assumed that all future tentative subdivision maps would be processed with the new check list, The Mayor advised that the developer should be notified that the name of Mariani has been changed to Merritt by resolution of the City Council, The City Attorney Vias asked if the name could be changed bacJc to Mariani. He answered in the affirmative, saying that the same procedure could be used to rename the street from Merritt to Mariani as was used to rename the street from Mariani to Merritt, After discussion, the Council decided to continue the name as per resolution, namely Merritt. -6- 4~18 1- ~~ l':""'': D, CUPERTINO PROPEIi.'l'IES: AppHcati::m '18-Z-61 to rezone Lots 16, 17, 18, 33, 34, 35 of Tract 2880 from R-l to R-2-H, Recommended by Planning Commission Resolution 73, George Oalces stated that v'¡olfe ROBed is now being constructed to the 90' major City street, Reviewing the proceedings before the Planning Co~~ission, he statad that FHÞ. refused to insure these 6 lots for single family dwellings due to the fact that they are near 4-plex structures and also near a 90' arterial street. They recommended duples or If··plex. ~1r. Oakes agreed I'll th the PHA opinion and since they are situated on what will be a wéll trav~led thorough- fare, he is applying for duplex zoning. He said plans for the duplexes have been filed with the City and that he displayed picture: of the proposed structures at the second hearing of the Planning Commission, He also referred to the F'HA documents which are on file \Ii th the City, '~<¡jJ! i The Mayor asked if there are any objections to the application, There were none. Councilman Benetti aslcecl Mr. Calces to repeat his statements about the FHA, Mr. Oalces did this and Mr. Benetti was furnished with a copy of these FHA papers, ~"r. Oakes repeated that the FHA suggested L¡-plex or duplex Oil these six lots, Councilman Pelosi said that if it is the policy of the City that a 90' road is not ,conduclve to single-family dwellings, then duplexes vii 11 line every such road an,:ï be numerous in the City. Mr. Oakes said that the 4-plex across the street is the pri- mary reason for the application and the seconda~J reason is the major collector street, i.e. Wolfe Road, Moved by Councilman Saich that the hearing be closed, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Polosi, Saich, Lazaneo None None 5-0 Moved by Councilman Saieh that the applicatio~ of Cupertino Properties be approved by the City Council and tb:'t the City Attorney be authorized to draft an ordinancç rezoning the property, per application and per Planning Commission Resolution 73. Seconded by Councilman Jewett, AYES: Councilmen; NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Eenetti, Jewett, Pelosi, Saich, Lazaneo NOne None 5-0 VI ORDINANCES AND RESOLUTIONS FOR ADOPTION: A. ORDINANCE 190: Rezoning property of Joseph F, Brown f10m R-3-H & R-l:B-2 to M-l-H & R-3-H; 8t acres on the west side of High~ay 9, 1819' north of Stevens Cree]c Blvd. (File 22-2-61) Second Reading. t'loved by Councilman Saich that full l'eading of Ordinance 190 be vlai ved by unanimous consent and reading confined to ti tle only, Seconded by Councilman JeHett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, JeHett, Pelosi, Saich, Lazaneo None Hone 5-0 Councilmen Benètti said that he :J.s i'1 objection to the ordin- ance on the basis of the amount of property being rezoned. He said that 4 acres of M-l-H is too muc.h, thF!.t it lS not protecting the adjoining property owners nor is it necessary for the applicant to have 4 acres of industrial in order to have property zoning protec- tion for the existing animal hospital and room for expansion. -7- 479 John MacGowan, 10401 North Highway 9, asked to address the Council, He was advised that the public hearing has been closed. Councilman Benetti said that he feels that under the circum- stances that the public hearing should be reopened, Moved by Councilman Benetti that the public hearing be re- opened. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Pelosi, Lazaneo Saich, Jewett None 3-2 With the hearing reopened, John MacGowan stated that he objects to enlargement of the industrial area to 4 acres. He said he has no objection to the existing hospital or to M-l-H zoning for the hospital as well as future expansion of the hospital, He said it is "very unfair to put upon me" 4 acres of industrial zoning, Moved by COuncilman Pelosi that the public hearing be closed, Seconded by Councilman Benetti, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 11r, MacGowan arose again and challenged the "right of Council- man Jewett to vote on the question due to his business association wi th Dr. Brown", The City Attorney said that the City Council is not required to consider such a statement and hearing procedure makes no provision for such a challenge. He advised COQ~cilman Jewett not to answer since it is not a valid challenge. Councilman Benetti said he feels the application should be referred back to the Planning Commission, Councilman Benetti moved that the application of Joseph F. Brown for M-l-H and R-3-H zoning be referred back to the Planning Commission on the grounds that the industrial phase of the application included too much property and is beyond the need of the applicant and that it overlaps the surrounding zones. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION FAILED: Benetti and Pelosi Jewett, Saich, Lazaneo None 3-2 The City Clerk read OKlinance No, 190 by title only. Moved by Councilman Saich that Ordinance No, 190, rezoning the property of Joseph F. Brown from R-3-H and R-l:B-2 to M-l-H and R-3-H be adopted, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Saich and Lazaneo Benetti and Pelosi None 3-2 B. ORDINANCE 191: Decreasing 45 mile speed limit on Homestead Road (to 35 M,P.H,), Second Reading. Moved by Councilman Pelosi that full reading of Ordinance 191 be waived and reading confined to title only. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 The. City Clerk read Ordinance 191 by title only. -8- 480 i~ I~ I~~ 1,-\I1"~ Moved by Counc~lman Jewett that Ordinance 191 be adopted. Seconded by Councilman Benettl, AYES: Councilmen: NAYS: Coun~ilmen: ABSENT: Councilmen: MOTION CARRIED: ~1~ Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 C, ORDINANCE 192: Rezoning prcp<òrty of Deep Cliffe from A-2: B_L¡ to R-l, R-2-H, R-3-f{ &: C-l-H; 28 acres, southeast corner of McClellan Road and Mountain View-Stevens Cre8k Road, (Pile 37-2-61). First reading given, Councilman Benetti as1ced if the applicant had anything further to report rela ti ve to his discussion of recreational possibilities mentioned at the last meetitg, James Desmond said that there has been no further discussion other than at his office level and that he has nothing to report, He said it was his understanding there was to be a study session with the City Council, but so far he has not received word of any meeting; he also said that he would like to discuss the question of a 901 Mountain View-Stevens Creek Road at such time. Councilman Benettj. said that he would defini"cely like to dis- cuss the question. To a question about the propriety of questions on recreation at this time, the City Attorney advised that it is the prerogative of the Chair to control the conduct of the meeting, He acknowledged that the hearing has been closed and completed and the matter on the agenda is the reading of 2.D ordinance, Councilman Benetti said that he would not be able to vote on the ordinai1ce until the two points aforementioned were discussed. The Mayor advised that it is up to the City Counc~l to schedule a meeting; he therefore named Thursday night, October 19, as the time to discuss the Deep Cliffe application with regard to thE two factors aforementioned. The Mayor advised ~1r, Desmond to be present at 8:30 PM on October 19. D. RESOLUTION 502: Designatlng official responsible for annual street report to the State Controller, Moved by Councilman Ben~tti that Resolution 502 be enacted, resolving that the Council does hereby designate the City Clerk to prepare and file each ýear with the State Controller, the annual street report required by Section 2151 of the Streets and Highways Code of the State of California. VII PAYING BILLS: A. Resolutions 500 and 501. !1oved by Councilman Benetti that Resolution 500 be adopted by the City of Cupertino, Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Saich that Resolution 501 be adopted. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and La.zaneo Ncn8 Ncne 5-0 VIII PROTESTS AND WRITTEN COI'!il1UNICA'rIONS: The Mayor asked if any protests have been delivered. (1) The City ClerIc read the prates: dated and sub··.1i tted O(~t;ober 16, on the subject ot heavy trne1, traffic 2Y;0 b:i."b f;::J°~d r¡1 481 Scofield Drive in Cupertino, The protest stated that the various contractors' trucks are a serious hazard to all children. and adults on Scofield Drive expecially in view of the condition of the street which has recently been paved after installation of sewers and storm drains. The letter requested that the street be posted and a period of police enforcement instigated immediately. The letter was signed by 24 residents of Scofield Drive, Coul~ilman Saich said that the trucks should be diverted to Stelling Road, that they should be required to use Stelling instead of Scofield, The City Manager said tllat he has made numerous calls to the developer informing Page Properties to have the construction truclŒ use Stelling instead of Scofield and he has also contacted the Sheriff's Department in order to watch for possible speeders, The Mayor suggested that the traffic be diverted by ordinance, ei ther by posting a speed limit so low that the truclcs would use the other entrance or by banning the street to trucks, or by whatever method the City Attorney and the City Manager feel is workable, The City Manager said that he will contact the proper parties again by Thursday and will asl: a representative of Page Properties to discuss the matter vlith.the City Council on Thursday, Councilman Pelosi aslced for an urgency ordinance before there is an accident on the street, The City Attorney ansVlered that there has been heavy litigation on the subject, citing court battles in Los Altos, and Los Altos Hills on ordinances which banned trucks on certain roads. He said that he has not researched the problem and is not prepared to say what can be done although he does feel it is a delicate problem, He promised to have a report to the City Council by Thursday, Councilman Saich said that cities can stop trucks from using certain roads on the basis of weight load. The City can justify the prohibition of vehicles of certain weights on the basis of the road construction. He stated that truckers would not go through streets that are posted (assuming they are carrying heavier loads than posted). Alice Jarrett, 20668 Scofield Drive, said that the street is very unsafe and that she does not think that a cement truck could stop in half a block on the street in its present condition. She said she would like to see the City do something now and make the street safe before an accident occurs, The City Engineer said that the trucks going to and from the Pepper Tree Subdivision are "retearing" the street up, Mrs. Jarrett said that the subdivider does not want trucks in front of the model homes as far as the, sales program goes and as far as protection of their street is concerned. Therefore, they encourage them to use Scofield, She said that in addition to the normal traffic hazards there are bus loads of children embarking and debarking within the subdivision. Councilman Pelosi said that if the City Council will adopt an ordinance, the street can be posted, even if make-shift signs have to be installed. He said this could be done in one day, The City Attorney said that the Council certainly has the power to pass an ordinance, the question then is whether it is a sustainable ordinance, Councilman Pelosi said the subdivider has promised to cooperate with the City and even to use Stelling Road rather than Scofield. He agreed that the road is positively unsafe and that the road is unsafe from Highway 9 all the way to Western and that if somebody is hurt on the street there may be a lawsUit against the City, Mr. Hoyt, 20725 Scofield Drive, stated that in the mornings the cars go by his house at between 50 and 60 miles per hour, up -10- 4~2 Scofield. He said the~e is a definite need for sißns or enforce- ment of some kind, 1-* ~ L'" \~ ~t~~ The possi blllty of barricading the street \'¡as discussed. The Mayor advised the City Manager to dispatch a letter to Rage Propertles asking their presence on Thursday, October 19. Councilman Jewett said that the City could at least enforce the 25 mile per hour standard speed zone, Councilman Pelosi said that the chuck holes in the road now have been there for a year, He again referred to the possibillty of a lawsuit based on the condition of the street. 'l'he Mayor advised the City Manager to chec!~ on Scofield relative to repair of the road and take the necessary steps, He reiterated the necessity of a letter to Page Properties prior to Thursday. Councilman Benetti suggested the adoption of an ordinance to protect subdivision in the future, ie. investißating the possibility of prohi bi ting truclŒ on residential streets. He said that this can be done because it is being done in neighborin¡; cities. He aslced for a report on this subject at the next meetin£!;. (2) Marjory Asche presented a petition to add to the letter and petltion presented at the last meeting, relative to parallel parlcing on Hig!wJaY 9. The petition was labeled in part "A Petition for Customers to Keep Parking Places in Front of Stores", (3) Herbert Ketell: Letters regarding agreements with the City. Referred to City Attorney, (4) Poothill College: Invitation to dedication ceremonies, IX REPORT 0_' OFFICERS AND COIIj]'J!ISSIONERS: Ao Report of City Treasurer: No further report, B, Report of City Engineer: (1) The City Engineer's report dated October 16, recommended adoption of a resolution accepting dedication of right-of-way from Charles Allario, et aI, and recommending the acceptance of the improvements, namely curbs and gutters, sidewalks, street paving, storm drain system, street loghts and street signs. ~1oved by Councilman Pelosi that Resolution 50ll be adopted, accepting dedication of real property from Charles Allario, et al, for roadway purposes, Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 (2) Hoved by Councilman Benetti that provements on the Allario Chopping Center. Pelosi, the City accept the im- Seconded by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 (3) As per the recommendation ?f the City Engineer, moved by Councilman Jewett that the City accept improvements on the Nick J. Lazaneo development, namely curbs and gutter, sidewalks, street paving, street lights, and appurtenances thereto. Seconded by Councilman Saich, ·..ll- 48H1\ 'i) AYES: Counellm~, NAYS: Councilmen: ABSENT: CoUncilmen: ABSTAIN: Councilmen: MOTION CARRIED: Benètti. Jewett, Pelosi and Saleh None None Lazaneo 4-1 (4) Moved by Councilman Saich that the City adopt Resolution 505 being a resolution accepting dedication of real property from Joseph Ii'. and Vera E, Brown for roadway purposes. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 (5) The City Engineer reported he is in receipt of a letter from the Division of Highways together with a preliminary plan on the grade separation structure on Junipero Serra D'reeway crossing Blaney. Blaney will go over the freeway, Councilman Pelosi aslced if the details of the freeway design as they pertain to Cupertino will be submitted section by section. The City Engineer answered in the affirmative, stating that the Blaney Avenue separation is pretty well pinned down and the same for Stelling, but the others are still unsettled, The Mayor advised the Ci ty ~1anager to malce a copy of the map and advised the City Engineer to review same and report to the City Council on TIìursday, October 19. C. Report of City Attorney: (1) Mr. Anderson stated that he has prepared the zoning ordinance contract and delivered it to the City Manager for referral to A. ICruschkov of Wilsey, Ham & Blair, providing for payment by the City to ]Cruschk:ov of $1,000 in 2 installments, The contract for the zoning ordinance is related to the general plan contract with the provisions appertaining thereto, (2) C-2 ordinance: The City Attorney said that he has sub- mitted a copy of his C-2 ordinance draft to the City Council and suggested that the Council review it for future hearings. The Mayor stated that the City Council would schedule a study session at some future date, on Thursday, October 19. D. Report of the Planning Commission: See Planning Commission minutes of October 9, 1961. E. Report of City Manager: (1) , \ \'" The City Manager reported that he has talked t~'A, Kruschkov about the additional agreement and that the contract seems to be in order, The City Manager will have all the papers including the Federal assistance documents prepared when the zoning ordinance is formally accepted. Zoning Ordinance contract: \" (2) Employee hospitalization insurance: The City Manager will have several insurance agents present", their hospitalization plans to the City Council in the near futuré. (3) Highway 9 parking: The State of California is still studying the parking matter and vlill report to the City, As yet there is no ,'lord from the State. ~~rjory Asche, who has presented petitions against parallel parting October 2 and 16, stated that she has occupied the store for six years and has never seen a tragedy, All of the petitioners say -12- 484 r- .... , ~ II""''''''~ ¡.- they will lose busi.nêB$;if diagonal parking is prohibited, She ~~ maintains that people use that shopping center largely because of' the present diagonal parking. X UNFINISHED BUSINESS: A. Water Commission: The Mayor reported that reports on both the South Bay Aqueduct and the Pacheco Pass water system will be put to the Commission for further study on the first Wednesday in November. A vote is scheduled on the project relative to the reports of the S.C,V,W,C,D, and the Board of Supervisors through Don Currlin. The Mayor stated that it is obvious that the cities now getting Hetch Hetchy water and those with their own system of' wells have no enthusiasm for the project which will give other cities as much water as they have. The salt water problem was discussed and the report and coo- census of' opinion is that no salt water will filter into the system either through the South Bay Aqueduct or Pacheco Pass line, He said that the situation boils down to the question of' how badly the water is needed. When this is decided, the people will then be g¡ven a ballot to vote for either South Bay Aqueduct or Pacheco Pass, The ~~yor estimated that new water supply would be a reality in about 2 years, assuming the bond w¡ll pass, Councilman Saich as!ced if any details are available such as pipe sizes and the amount of water that can be del:\.vered. The Mayor said that these f'acts would be itl the r'eport, B. Miscellaneous: (1) Councilman Jewett called attention to the f'act that the extens~on of Pacif'ica Dr~ ve, not an improved or dedicated street, has rubbish and debris all around it and he requested barricades at both ends to block it off, SinCe the property is not dedicated and does not belong to the public, it appears that it Gould not be barricaded without the con- sent of the property mmer, Moved by Councilman Jewett that the City Manager check with the property ollner in order to secure barricades at both ends of the property, that is, Highway 9 and Pacif'ica Drive. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosl, Saich, Lazaneo None None 5-0 XI NEW BUSINESS: A, Miscellaneous: (1) Ward Crump stated that automobiles are driving at excessive speeds on Blaney Avenue - about 60 miles per hour, He said he has been told that nothing can be done about it ~~til the street lS complete on both si.des. The Mayor advised the City Manager to see the Sheriff about it, (2) Mr, Crump sald that he is being asked to return deposlts ln some cases and recei ving complaints in other' cases concerning the two chiclcen coops surrounding the subdivision, He sald he did not know what the rights of the chicken raisers were inasmuch as they were there first, nor what the rlghts of the subdlvider are, but the situation is incompatible he said, The Mayor said that the City staff would check it out. XII ORAL COr-U'¡UNICATIONS: (1) '1'he City ClerIc reported that the architectural and site control application of Cupertino Propert!es for I,-plexes on the 485 following lots: 39 through 49, inclusive, were approved by the "H" Control Committee on October 9, 1961. The Mayor authorized the application ror the City Council agenda of November 6, 1961. (2) A summary of the October 19th agenda is as follows: I City Manager's Report on Engineering Department II Deep Cliffe Application - James Desmond III Traffic Signal Bids IV Trarric Problem on Scofield Drive V Grade Separation, Blaney and Junipero Serra Freeway VI Schedule C-2 Ordinance for Study Sess~on VII Miscellaneous XIII ADJOURNMENT: Mebed by Councilman Jewett that the Council adjourn to 7:30 P,M" October 16, 1961. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 Adjournment at 11:30 P,M, APPROVED: /s/ Nick J. Lazaneo Mayor, City of Cupertino rTTEST: '\ It 'i-,,<,~,-<j-<' ì(. ¡((f. J" Ci ty Clerk -n-