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CC 11-18-57 P, 0, Box 597 C I T ~ 0 Feu PER TIN CUPERTINO, CALIFORNIA Al 2-4505 Place: Time: ~IINUTES OF THE B' GULi,B MEETING OF THE CI'TY COUNCIL NOVEHBER J.8, 1957 City Hall, 10()31 Saratoga-Sunnyvale Roed 8:00 p.l1. Press Present: Miriam Soomil, Cupertino Courier Roger Beal, Sunnyv91e Standard Dick Cox, San Jose Mercury I ROLL C P.LL Councilmen Present: Councilmen Absent: Meyerholz, Nathanson, Paizis, Saich, Wilson None II THE I'INUT':S OF II-1L PV.VIOUS N;:':LTD,G OF !'WV ¡mER 4, 1957 and the minutes of the special joint meeting of October 28 werèboth approved as read. III OPENING OF :-1[3 ON COEII: ¡1ALEEj:, HIGHLfiNI:S L,I.D, A, J, Peters and Son, 1nc, submitted a bid in the sum of ;~99, 723. 95 for Schedule I, II, and III, alternate B. He also bid on the other plan, approximately)},400 above the engineers estim9te, "Alterné1te B" W9.S approximately .,11,700 over. Jack Fleming, representing Mark Thomas Company, said the altern9te schedules were presented because of a topographic situation, He said that the Sanitary District might contribute additional funds and thst the City need pot accept the one bid, Mr, Cummings, one of the subdividers, referred to a complaint by Leo F, Piazza to the effect that the specifications and resolu- tion of intention were confusing, He said the cOmplaint was justified to a certain extent and attributed the difficulty to the problem created by an incomplete subdivision, Mr, Piazza Volunteered the information that the bid was a good one and that the City would be well advised to accept it despite the fact that only a single bid was made. Mr, Anderson, the City ~ttorney, ststed that the water, gas, and electric lines would not be installed by the contractor, and the price of these utili ties ~!oulò be the same to all. He quoted the pertinent section of the Improvement Act of 1911, The bidder~ he said, had every access to the w9ter utility, owned by Chester Damico, and to F, G, & E, for the gas and electric figures, He said there had 1:1een no mislead ing, Jac!{ Fleming explained that Plan A keeps the sewer on one side of the creek, Mr, Anderson 90inted out that the law provides that bids must be opened within one week and suggested that the matter be continued until the following I'Ionday, Councilman Saich moved that the opening of the bids ~nd award of contract be postponed until November 2S at 8;00 r.!1,; seconded by Councilman Paizis, carried 5 - 0, IV PETITIONS Ä.NL CO .'UNIC T10NS A, viritten 1. Boy Soouts of America, Santa Clara County Council: Request for Boy Scout Day in City Government, Moved by Councilman Nath':3nson that the Boy Scouts of America be allowed to Derform !D9se duties and functions that will least interfere with the operation of the City and attend the Council meeting closest to the Boy Scout week of February? to 1,; seconded by Councilman Saich, carried 5 - 0, 2, State Board of Equalization: heport that administratior costs in the sales tax progr"!D amount to 1.65% instead of 1,7%; therefore a rebate is due the participating cities. ). County CO'1troller: Fines collected during the month of October, total ,761, City share 62).60. 4. Earl Fischer: Accepts appointment as Agent of Record for the City, -2- B, Oral ~Hawthorne, Finance Chairman of the Sunnyvale PresbyteriaL ChurCh, told the City Council that his Church h~s purchased a site at Hollenbeck and Fremont and is in the process of taking the necessary steps with respect to the governmental jurisdictiO!ls, The City of Sunnyvale has annexed just,to the south, He requested that Cupertino consent to strip annex the Sunnyvale Presbyterian Church site to the City of Sunnyvale, He requested a verbal COmmitment from the Cupertino City Council since it is within three miles of the proposed . annexation, The City Attol~ey said he would consult the latest st~tutes on the matter, The Mayor as~ed that Mr, Hawthorne present his request in writing with a map delineating the site, . V UNFINISHED BUSINESS ~, 2!21nances and Resolutions for AdoPt!Qn b'irst reading was held 011 Ordinance No. )8, an Ordinance approving the annexation of certain contiguous uninhabited territory designated Blaney No, lC Revised. The Attorney reported that the resolutions accepting streets in the Town and Country Subdivision and adjacent to the school will be on the agenda for the adjourned regular meeting to be held the following week. B, Matter of Chrysanthumum Beds on Rodrigues A spokeswoman for the Rodrigues Avenue residents read recom- mendations submitted by the committee of property owners, The recommendations are: 1. That the greenhouses be covered with plastic material on three sides visible from Rodrigues Avenue rather than thin cotton material, and, be maintained in good condition, 2, That the property in question fronting on ROdrigues Avenue be screened with fast growing shubbery, ), That fer.tilizers used be restricted to chemical types. Mr, Chow also answered questions con- cerning the type of trees he would plant and other details concerning the loc?tion of the greenhouses, accessory building and access road, John Hilquist presented a letter asking what restrictions there are, if any, against permanent housing on the unim- proved side of Rodrigues Avenue pending completion of the street ~lidening. He questioned the possibility that the unimproved side of Rodrigues be opened to new housing necessitating street widening, etc. at City expense, He gave it as his opinion that these improvements should be made by the subdivider and not the City taxpayers, Mr, Leonard, Chairman of the Planning Commission, stated that no subdivision map has actually been filed for this property although the Commission has seen a map dra~m simply for personal use. He said that the City will have a subdivision ordinance before development proceeds, Those in attendance interested in the chrysanthumum matter expressed satisfaction over the outcome, C. Business License Ordinance _ Auctioneerinæ Mr, Anderson explained that a permanent business differs from the other conception of auctioneering as a temporary venture. The County ordinance pertaining to so-called professionals holding temporary auctions places considerable emphasis on the policing aspect and puts the Sheriff close to the site of business, The San Jose ordinance confines auctioneering to a specified part of the City, The section of our business license ordinance applying to auctioneers is appropri,te for the instance in which a sizeable inventory is being liquidated, say 020,000 worth. Mr, Anderson proposed an amendment to Ordinance 10 which provides a fee of ~50 annually. A first reading of this amending ordinance was then held. -3- In response to Council request for cont~ols over the auction inc1.uding such matte~s as time, place, appliC"õ!tion, fingerpr'inting, bonding, Nr, Anderson said he would prepare a so-called auctioneering ordinance for the next meeting, D. Consideration of terms for Planning Commission employee The Council chose to wait for Planning Commission recommenda_ tion on Myers own proposal. Mr, Leonard said there has been some discussion but that the recent agendas have been too crowded to permit extended consideration, The Council said it would wait for Myers to submit an estimate, E, Examination of Cupertino £18n for Stevens Creek Freeway 110ved by Councilma.n \vllson that..Éhe Cupertino altermte to State Route 114 be apcroved and sent to FrFmk Durkee, Director of Public Works and Chairman of the State Hi~hway Commission; seconded by Councilmsn Paizis, carried)) _ O. Copies to-be sent to Earl Fischer and E. F, Euphrat, VI NEH A. B, C, D. BUSINESS Attorney's Repo~t Mr, Anderson reported on the proposed consolidation of the Sunnyvale Judiclal District with the Cupertino-Santa Clara District, He said that the County Executive was strongly in favor of the consolidation and proposes a court and jail site around El Camino Real and L9wrence Station Road. The Ci ty of Sunnyvale objected an the grøund$ of iUatà:nce aad the fact ,that ~opubl~c transit 1s a~ailable. ~he·Clty 6f Santa Clara as well as Sunnyvale opposes the consolidation while Mr, Campen is apparently determined to pursue the matter further. He claims that a large tax saving can be realized by reducing the costs of court and Jail facilities. Report of Hoads and ¡'¡ainte~ance Commissio~ 1. Mr, Saich said timt the bids on the Stevens Creek Road repair should be opened in two weeks. In response to a question from Jack Fleming, the Mayor suggested the engineer take the bids and report two weeks from tonight. Councilman Wilson preferred that the bids be submitted to the City Council in view of the type of work and the fact that the bids will be non-technical. Nr. Anderson declared that a maintenance contract is a statutory exception to the requirement that PubliacwO~ks_ba... advertised, bids accepted, and contr?cts awarded in a formal manner, The Council is allowed leeway in work of this sort, he said. Moved by Councilman Saich that the bids be taken bx. Narl{ 'rhomaa who wllU..ê£Q.I:.t the findings to the Cit'( Councilj seconded by Councilman Nathanson, carried 4 - 1, Councilman '1ilson Øpposed, 2, Mr, Saich directed the attention of Jack Fleming to the bumps in front of Lawrence's Restaurant and Sunset Market and requested that they be included in the repairs under discussion. ReDort of follce and Fire Chie{ 1. 1'1r, Nathanson recalled the recent meeting of the County Traffic Officials. He said that the Division of High- ways has approved a traffic signal for Homestead Road and Highway. 9, 2. A Mr, Boyd called the Chief of Police and objected to low-flYing jet aircraft, The Sheriff has said that all calls and complaints will be thoroughly investigated and satisfaction given if at all Possible. Report of Planning Commission Chai~man 1. California Water Service has requested a use permit for a well at the east eQd of Greenleaf Drive. They do not have a franchise within the City, Mr, Leonard said the site has not been a notably good water area, 2, The Swanson application is scheduled for second hearing on December 6. In this connection Mr, Leonard noted that the City has never-resolved the question whether or not owners on the north side of the road CEln connect to the storm drain on the south side of Stevens Creek Rd. -4- For future consideration he suggested that raising the low side of the road might be the better solution. 3. The Planning Commission expects to submit a subdivision ord 1.nance in the ne9.r future. The problem of engineering raises two alternatives, One way would be tø enacJ; the County subdivision ordinance which is old and has been amended frequently, and contract with the County for the engineering servioe, using their ordinanoe, The alter- native is to hire a praoticing engineer to administer another subdivision ordinance, perhaps one that a par- tioular firm might prefer or one adopted by the Commis- sion for their enforcement. 4. With respect to apartment houses and multiple zoning, Mr. Leonard said that the County is not entirely satis- fied with their own regulations which have prov\9n ambiguo\¡s and easy to circumvent. The Cupertino P;!.anning Commission recommends that lot sizes and apartment units be refined to the following ratio: lO,OOOCsquare foot lot for a duplex, 3,000 sauare feet for each additional unit or apartment up to and including 8, 2,000 additional feet for each unit up to and including l6, 1,000 square feet for each unit above and including 17, No more than 35% of the lot can be covered by a structure. A covered garage space at least 10 x20 is required, one to a unit. 5. A petition has been presented for C-l and M-l zoning in oertain areas along North Highway 9, The petitioners are expected to discuss road dedioation, storm and sani- tary sewer contributions and other details. 6, Subdivision inquiry for east side of Portal. The Planning Commission tool, the position that there must be plans submitted before approval or rejeotion, The character of the housing must be known before commitments are made on lot sizes, commercial zoning, etc, Moved by Councilman Hilson that-the ,report of the Planning Commission be accePted; seconded by Counoilman iaizis, oarrled 5 - 0, E, Fire InsurAnce for City Office Equipment Moved by Councilman Wilson; seconded by Councilman Paizis, carried 5 - 0 that the City Office eauipme~t be insured bv Earl T. Fischer, F, Cali Avenue - Possibilities for releiving traffio congestion, Moved by Councilman Nathanson that the City authorize P.IH'Hllel PH rkinp-: on the south side of C..li" Avenue. no PHrking on llie north side of Cali Avenue. Idth si!!:l1s. psrk- i~g stalls and striping to so indicate; seconded by Counoil- man Paizis, carried 4 - 1, Councilman Wilson Opposed, G, Miscellaneous Counoilman Wilson requested resumption of the weekly report to the City Council, also purchase of ash trays, cloClt, bulbs, p18nter, wfistebasket, flag staff - and reserve a few seats, VII ADJOURNMENT - 11:00 P,M, ADJOURNED REGULAR MELTING OF THE CITY COUNCIL NOVEMBER 25, 1957 Councilmen Present: Councilmen Absent: Meyerholz, Nathanson, Saich Paizis, Wilson I BID OF A, J. FETERS ON CORTE MADERA HIGHLAtIDS L.I.D. Cj.tyttorney Anderson re3d a resolution of the Cu¡:ertino Sani- ~ary District wherein the District has agreed to contribute ~iÜ, 000 to the sewer work necessary in this Local Improvement nistrict, ~ .....J,:.. A proposed resolution of the City Council was then read by Nr, Anderson, ¡'Jr. Kyne having no objections, Councilman Nathan. son moved th~t Resolution No. 66 be adopted. awarding the_con- tract to the lowest responsible bidder to wit A. J, Peters and S· Inc at the ric s s ecified in is ro osal or doi~ said work now on file on. the l;>as is of schedule I. II. III alternate f' making a total of ,99.7,'2"3,9,); seconded by Councilman Saleh, carried) . O. II RESOLUTION ACCEFTING RODRIGUES STREE'l' DEDICATIONS IN TOIVN AND COUNTRY SUBDIVISION Ì'loved by Councilman Saich that Resolution No, 6') be adopted aeeeptinl! dedication of certain l'eal property described as fOllows: Western Drive. acce~roadwgy and one foot temporar~ reservation along the westerly side of :1estern Driye all as delineated OJ1 th?t certain map, etc. etc.; seconded by Council- man Nathanson, carried J _ 0, III RESOLUTION ACCEPTING PARCEL A FROM CUPERTINO SCHOOL DISTRICT (PORTIONS OF MARIANI AND EL VISTA AVENUES) Noved by Councilman Saich that Resolution No, 64 be adopted, accept in d dication of c rtai real ro ert de cribed as rõïYôw': All f that certain arcel of land desi nated as Pa1'cel A. as sho~m U!êon th8t certain amended record of surv~v ID8.P nrerH3red bv Leo W. Ruth. etc. etc~; seconded by Councilman N'3thanson, C'3)'ried J - 0, The City Adminis1;rator was asked to learn the name, if any, of the ro,"dway parallel to Collins School property, running- north and sou1;h. IV CITY ACTION CONCBiNING CAMP APPLIC~TION FOR A BATCH PLANT ON THE NO TH SIDE OF PERHANElI;TE ROAD ONE-HALF MILE WEST OF ¡~1T. VIEvÎ - STEVENS CHEEK ROAD Dariel Camp requested a use permit from the County for this location. The City of Los Altos filed an objection, Hr. Leonard of the Planning COT-misSion said that Camps ap¡:lication tQ the Cityof Cupertino was handled well but the Planning Commission felt obliged to reject on the grounds that a better use would result on the particular site in question. He saw no objection tQ his latest application. The Mayor noted that the nearest batching plants are Andersons in Sunnyvale and another one ln Campbell. Mr, Leonard added that this applic'tion is not in OPPosition to any other current ap'clication or plan of the Cupertino P:tanning Commission Councilman Nathanson re("luested that the County Planning Staff be consulted before any recommendation is forthcoming from the Cupertino City Council. Date of the next hearing, pros and con~ (md c'eneral position of the County is necessary on the ground that the County staff cooperated with the City of ':upertino and we should reciprocate, V CITe( ACCEPTANCE OF CUPERTINO CHAMBER OF COJumHCE CHRISTl'IAS DECORATIONS Rather than handle these decorations about which the information is very vague the Council requested that a sign company suoþ as Rundle be approached for a price on a Christmas greeting sign. VI URGENCY" ORDUrANCE ON !mLTIPLE HOUSING UNITS Mr, Anderson read the proposed ordinance containing the provisioJ reported above (Minutes of November 18 VI..D-4). The Vayor questioned the ordinance, He had doubts about its application to multi-storied buildings, also the absence of any provision fOJ the remainder of the lot required by the ordinance and not Covered by a bUilding structure, Mr, Leonard of the Planning Commission said the purpose of the ordinance is to prevent unsightly and substandard housing of a density greater than that commensurate with the rural character of Cupertino, It precludel mo~e than 16 units to the acre, The Mayor said that the ordinan, z10uld be followed literally and still result in an eyesore. Gouncilmell Saich and Nathanson thought the ordinance would . , , . " '-"1'··' .,. Nice as a protective, interim measure. ,f'lr.Leonardstated su ics cf the matter would control to the necessary that the econcm " 1 extent the 8P')earance and qual1ty of en apartment house but t to conform to the specifications of the proposed ordinance. The Mayor was adamant in his belief that the ordinance,w6uld not accomplish its intended purpose, He said he is more'recep- tive to an ordinance that would ban multiples other than duplex. Councilman Nathanson said that in view of H control and the fact that this is a temporary measure, it might be adequate. The Mayor stated that architectural control does not effect the. surrounding property only the building, He estimated that some 7,000 square feet on a duplex lot would require landscaping and could go untended, ¡'¡r, Leonard said that architectural control does not relate lot size to the number of units; the proposed ordinance reflects the best thinking of the County on multiple hOUsing,The consensus was to table the me9sure until the next meeting in light of the fBct that an ~¡rgency ordinance adopted on a 2 - 1 vote is questionable policy, VII CONSEÌII'T OF CITY COUNCIL TO STRIP A;:I';¡:X SITE OF SUN"YVALE PRESBY.. TERIAN CHUhCH TO THE CITY OF SUNNYVALE The Mayor asked Mr, Hawthorne, representing the Church, to tell the Council why he requested the consent of this CouX1cil. Nr. Hawthorne replied that it is his understanding that this wås the re~uirement of the law. Mr. Anderson said that Section 35304.5 permits a road strip annexation provided that consent be obtátned of every êity 1-¡ithin three miles, 'Ir, Hawthorne said that, as business manager of a school district his experience indicated it is best to conduct affairs with one governmental jurisdiction rather than several. Changes and differences in standards can result in expense and inconvenience he said. Councilman Nathan- son said that he was concerned about Possible impaGt of any Cupertino action on a law suit involving a Wright Avenue annexa- tion by the City of Sunnyvale. He recalled that JUdge Owen held the annexatiop to be a nullity. The practical effect of the litigation and decision seems to be that the land is still in dispute. Certain County functions still include the area. Legally the suit was dismissed after the land owner, and original plaintiff sold and Subsequent occupants failed to press the case. Mr. Nathanson said he would hs·te to be a party to an action whici, might be interp!'eted to mean Cupertino sanctior¡ of this trJrj,ght Avenue annexation. He requested th8t the Attorney investigãte whether or not the City could be used to fUrther the interests of the City of Sunnyvale in this matter, and he emphasized his Objection to anything which could be so construed, ¡'1r, Hawthorne said he did not care to be a part of any Church move or group which inadvertently or otherwise would further city expansion or politics of any sort, ADJm:RNED - 9:}0 P.11. BeßPectfully submitted, 'f.\tìV\J_( ~'U. f), (~~ LA1ŒE~TCE K, ÞIM!TB! City Administrator -Clerk