CC 12-02-57
P O. Box 597
C I_t 1 0 F G U PER TIN 0
C0?ERTJNO, CALIFORNIA
MINUTES OF TIfT:;; B'cn¡_iJ~An NEF:TING OF THE CI1"1 COUNCIL DECEMBER 2,
1957
Al 2-4505
Place: City Hall, 100:31S('" S,":'att)ga-Su.11a~·vale Road
Time: 8:QO P.M.
Press Present : Miriam SocmH, Cupertino Courier
Roger Beal, Su:myvale Stmldard
Dick Cox, San JCSÐ Mercury
I ROLL CALL
Councilmen Fresent: l~eyerhoJ.z, Nathanson, Paizls, Saich, Wilson
Councilmen Absent: Ncne
II THE MINUTES 01" THE PREVIOUS MEETING OF NOVE!'IBER l8, 1957 were read
the following cO!',r'ections were noted: Item III-Paragraph 3
delete "law pro'vides" and substitute "plans and specifications
provide". 'Same paragraph delete "bids must oe opened" substitute
"awards must be made". Item V-B end of first paragraph, add
"Mr. 1::how agreed to use plastic material on the side of the green
house facing Rodrigues Avenue", ,Item V-C-Peragraph 2, delete
"say $20,000 worth", - Item V-C-Paragraph ) delete "so called",
Item VII add "untl1November 25 at 8:00 P,M, 'I
III PETITIONS AND COMMUNICATIONS
A. Written-
1. California Highway Commission: Cupertino letter re
alternate St'¡te Highway Rout,e 114 referred to State High-
way Engineer,
2, County Contròller: Statement of Taxes collected for the
City of Cupertino. Secured Taxes 6-)0-57 $83.40,
3. - County Con1>ròller: g~~;;~~e~r~~~~: g:5î:§H ,;29),;6
4, State Board of Equalization: Sales Tax for the period
September 5 - October 4 --~109).17.
IV UNFINISHED BUSINESS
A, Ordinances and Resolution~fcr Ad~ption
1, Ordinance No, 36, Blaney l-C Revised Annexation
¡'¡oved by CO\.\ncllman Paizis that Qr.£.1r1.ml.Ç.§JloJª-:!l.~
passed by waiving a full reaq)ng,; seco'1ded by Councilman
Wilson, carried 5 - 0, approving the annexation of certair¡
contiguous uninhabited territory designated Blaney No.
l-C Revised to the City of Cupertino.
2, Ordinance No, )9, Auct ioneering
First reading was held on an ordinance providing for the
licensing, bonding, and regulation of regularly engaged
auctioneers with a fixed place of business within the Cit:,;
;, Ordinance No.. In .
First ré8ding was held on an ordinance amending Ordinance
No" lO and providing l1cense fee of ':;50 per year for an
auctioneer, Councilman \'lilson questioned Section 1 as it
applied to the sale of personal property. A phrase was
added to eliminate the difficulty on this point,
4, Ordinance No. 42
An ordinance providing for improvement agreement and im-
provement bond by subdividers and ãeclsring the urgency
thereof, ¡'¡oved by Councilman Salch, seconded by Council-
man Nathanson that the ordinance be adopted, carried
unanimously.. It was noted that this ordinance will be
superseded by the regular subdivision ordinance,
5-. Ordinance No-. lj,O .
An ordinance providing for interim minimum lot size for
multiple family residential construction and declaring th¡
urgency thereo~, !'loved by Councilman Saich, seconded by
Councilman Nathanson that the ordinance be adopted;
carried unanimously-. ' ... -
In reading Ordinance No. 40 the Mayor stated it does
not control density of zoning; .he said he would prefer to
ban all multiples with the exception of duplex apartments,
.
..2-
.
.
Burrel Leonard, the Chairman of the Plann1ngÇçmm1ssion~
resIJor.de;ù that R-J-H 'zoning is in existenoe and as a
practi0öl matter the c~ty ~s more or less oòltgedtc
recog.c,j4'e it. He compared the elimination of mult~ple
hOuslPg to r~vokin& C-I-H zon1ng 1n the plac~s where it
exlsts a~d is regarded as a ~roperty right, Counoilman
Wilson stated that the R-)-H !loning in question has been
in effect about three years and the holders should be
allowed to exeroise it. He said the ordinance should
provide for architectural and site control, Mr, L~onard_
said that this is an interim solution toa new situation.
The Mayor, however. contended that the City should rezone
the R-3-H.
In further disoussion it was estimated that R-3
zoning totals somewhat more than 50 aores, and, has pre-
sented a continuous problem. The County has also had
constant trouble controlling R-3-H. The economics of
multiple housing development evidently tends to make the
builder construct units in exoess of duplex or triplex
apartments. Since the property should be tended, both
from the landlord and tenant standpoint, a cluster of
apartments is necessary to afford the manager necessary
to superintend. A duplex apartment can be handled satie-
factorily with the owner oocupying one unit. The Mayor
reiterated his opinion that l2 or 16 units on l5,OOO
square feet would be preterrable.
In answer to a question it was said that a permanent
ordinance would later supersede the one now being consi-
dered. Councilman Wilson sugGested it be returned to the
Planning Commission for limitation on the number of units
per development and number of developments as well-.
Counoilman Nathanson said th9t the problem seems to
involve. lot coverage. He added that the City is vulner-
able in this respect and needs some authority in the forDl
of an ordinance in order to exercise proper control. He
saw no harm in adopting this as a temporary measure.
After some further discussion it was agreed to limit
the apartment houses to eight units. Section)A was add-
ed to the ordinanoe specifying that no building sUbject
to this ordinance shall contain more than eight units
nor be more than two- stories high. Councilman Nathanson
moved that this urgency ordinance, No, 40 be adopted as
~ltered; seoonded by Councilman Paizis; adopted 4 - 0,
Councilman Wilson abstained.
-B. Cupertino Readvmix ApplicatiQn
After hearing the status of the applic9tion presented to the
County Planning Commission, the Council decided to refrain
from any action. '
C. Authorization to purchase mimeograph
Moved by Councilman Saich that the A, B. Dick,'Model 90
mimeo~rAPh maohine on demons~rAtion from J. C~ Duplicating
SupplY Co, be purchased for ~'12S plus taxi seoonded by
Counoilman Wilson, carried 5 - O.
D. Sunnyvale Presbyterian Church Reauest
It was agreed that no comment should be forthooming at this
date.
E. Miseéllaneous
Moveq by Counoilman N3thanson that the City decorate one of
th~ ever¡;rreen tre9s on Highwa'( Q ad.1acent to the Old Cuper-
~lno C~ùrch at an expense not to exceed SlOOi seoonded by
Counoilman Saieh, oarried 5 - o.
V NEW BUSINESS
A. Attorney's Report
With respect to the ordinance providing for an improvement
bond by subdividers, Mr. Anderson advised that Kyne and
Cummings be requested to bond their performance on subdlvidin¡
Corte Madera Highlands, the amount to be approved by the City
Attorney. So moved by Councilman Wilson, seconded by Council-
man Saich, carried 5 - o.
-)-
B,
Report o,f.-B.oads and Na intenanoe Commi ss ioner
l. COQ-r¡,C Hman Saich stated that bids for the Stevens Creek
Bepa:r job have been received by Jack Fleming and the low
bid taB been submitted by Leo Piazza Paving Company.
Move( by Councilman Seich that Piazza Company be awarded
the..: .aving contract for renair of Stevens Creek 'Hoad
acco'dlng to the plans and specif1c2tions prepared bv Marlr.
Thom"s Co.; seconded by Councilman Paizis, carried 5 -0.
The 'pid summary showed a figure of ;0190 for, MoCarthy and
Spiesman, ~2404 for Kleinsmith and Company, $2)65 for
Piazza,
2. The City will wait for the new Sign c8talog before order-
ing street signs,
Report of Folice and Fire Chief
1, Councilman Nathanson reviewed Earl Fischers letter con-
taining recommendation that the office equipment, tenants
improvements, valuable papers, etc, be covered on an all-
risk basis, flood and earthquake exol~ded. Annual pre-
mium for $2,000 of coverage would be ,';2.5. Mr, Fischer's
office has also prepared a schedule of other insurance
protecting the City,
2. Investigating a request to check the occupancy of the
duplex at 6l Bianchi Way, it was asoertained by the
Sheriff's deputy that both units are occupied. An
officer talked with Mrs, M, L. Thornton in unit A of this
duplex; she stated her brother-in-law and his wife, Mr,
& Mrs, G, D, Thornton occupy unit B.
The Mayor stated that action should be taken and the
City Attorney should bring the necessary pressure to stop
this duplex use in. an R-l zone, Moved by Councilman Wil-
son that the City Attornev be instructed to take the
necess~rv ~teps to abate this nuisa~; seconded by
Councilman Nathanson, carried .5 - o.
), Mr, Nathanson reported that Judge Bentzein is concerned
with traffic speeds at the Cupertino intersection. The
intention is to hold the speed down but avoid anything
that looks like a trap. Mr. Nathanson suggested that the
City Attorney check the CVC 5ll.3.B to see if this sectioi
gives the City the right to change the limit on Stevens
Creek Road east and west of Highway 9 for a ~uarter mile
to 25 mph. And if so to present the engineering survey
whioh will authorize. llr. Anderson said that the City
needs a letter from the Sheriff's Office stating that an
engineering survey has indicated a speed of 2.5 mph is pro·
per in this zone. This will constitute authority.
Report of Planning Commission Chairman
Mr, Leonard reported two hearings scheduled for Friday the
6th of January, the Swanson application for a Ford Agency and
C91ifornia Hater Service applic"tion for a use permit. He
told the City Council that the Planning Commission is close
to completing the first and possibly final draft of the sub-
division ordinance, In this connection he raised the questio
of trees - some farmers have asked that diseased trees be up-
rooted by the subdivider; other people request that subdividE:
build around the trees rather than cut them.
C,
D.
VI ADJOURNMENT - lO:15 P,M.
Respectfully submitted,
"f<l..!: ,µ..b. ,<, ~_~
J '
LA\vRENCE K, HARTIN
Administrator - Clerk