CC 12-04-61a.
MIRF AL 2-4505
2 TT AP CUPERMINO
r
JIFF COMIq3rus ftcmftr4
low So. XWOMP-3011MVale Riftd
f QUjA s
CIty
q
wf
fte C$ty
w ..
elted that t , ";_ ` -.®f ` w 6
i6 tip tffit Mr. s uat t
chames We 22 $6W.00 par acre.
W also t the. mates of November 9. 6, be
to e to Ww c2 a "by the CiW.Alta"P Cleft's note: :A- ice' does not man the same as ed")
12=n" Bch that the zilnutes of the afore-
ned six meetin4p be approved as corrected. Seconded by
ftwwilman Jewett.
Councilmen: Jewett, Felosi, Saich, Zenetti .
N YS: Councilmen: None
Councilmen: lazaneo
tCARUED. 4-o
Pt%WC MRMS:
A. MACKAY A SCE: Appi eat4 on 39-Z-61 to rezorb-- 260' a 168' from
R-2-R and R-3-R to C-1-H; south side of Rodrigues Avenue, 310' Brest
of Highway 9. Denied by Planning Commission Resolution 70. Appeal
Continued.
Moved by Councilman Jewett that the application be continued
to December 18. Seconded by Councilman Saich.
A Councilmen: Jewett; Saich, Henettl
lLTS: Councilmen: Pelosi
A Coun ci lm an: la zEaneo
ll 7ON CARRIED: 3-1
Councilman Jewett said that a report on Ordinance 1)
mW be coming from the Plaennibg Commission and may pertain to the
application at hand.
Councilman Felool asked Unt the Petition presented November
29th opposing the application be placed before the Council for entry
Into the record.
The Mayor Fro 1 m referred to the minutes of November 26th
that the petition bas been recorded in the mlAutez and is
s4Lready a part of the file on the application. *The City AttQrPey
asreed that such petition Is already a part of -that official record
but mast be reconsidered if it is the wish of the CoUnail. With
a !'Ws-65Scae to Councilman pelosi's statement that a stir neon
n mentlamd i* _ tIon pith the appl1catign, that
u rds a
study sass " have .no i,ndepend i to
t, ch as tbe asset aotufally an add woo,M. so
00 titlon vao prop Wl3' Introduced at that t1bet
t cll a'a 1'e o a satisfl .
1-
x,
x` ( y ,t l h s. s;,k^t -'` .« scp
e: •'+p t .
i4'" s ,r f. m t
C; '
kY
I
t
a
OAmcilwn Feloal vacated his seat at N. due to
Illness.
h
A h4- r Use, t :fvr n
act 43r W Ied
Ciftodesion solution 77. A 1.
T fi°` the City to sel on .
My ' nann1bg lnt
1.0
g PpII
u 5. w.
q,
At Is Wortme
fair t s Yoift s}1' the iu
a
Pat " WW* do tot get a u9 t ` =3r.117,nL"tdA;o
of the QWr a F e the aster
ft wow- Te s eibe 'tb city Ofr rtlno, and
would .li4 e le- t l+dcate tr slde the City Limits. Be
stioned the f the word "Iwomiscu ". rehip of
t est is °a> ! 1000; ' mat building ch is a
o eken coop"' be put into sitfe condItion, he said and would
meet all building code re-airemkits for hen occupancy and for
the particular type of use contesiplated both as to structural re-
quirements and lire. safety. The American legion itself would met
three times a month and no more. The remednIng use would be idevoted
to- rentals to various private organizations and clubs, including
Boy Scouts and Girl Scouts. The Post has scoured the countryside
he said and has not been able to find any other uaeakle site. He
fg said that the hall would be a boon to the commurity in that It
would serve as a place for worthy clubs and organizations to meet.
In response to a question by the acting Mayor, the City
Attorney said that the zoning ordinance in effect, specifically
Section 34 of NS 1200 (County Ordinance) does allow an American
Legion Hall to locate in a single family residential zone with a
use permit. The ordinance reads, "In addition to uses permitted
In any zoning district, the following uses may be established
subject to the issuance of a use ;permit therefor: (1) Public
utility and service use; (2) Commercial excavation of natural
materials; (3) Airport; (4) Library; (5) Public community center;6) Church; (7) Hospital; (8) Educational, charitable, and
philanthropic institutions; (n) Cemetary, crematory, and mausoleum;
10) Public buildings. The American Legion Iial l would be con-
sidered in one or more of these categories.
The Mayor Pro Tem proposed that the Council continue study of
this application.
Councilman Saich asked Mr. Martens if the American Legion
would be the owner or the lessee. He said he could not see :-)w the
Legion. eould spend $25,000 on the basis of holding three meet1ings
a month. He said it could be used 7 days a week however, so that
the American Legion could afford the purchase. Rentals would
defray the price.
W. Martens said that it would be unlikely that they would
rent it Cut 7 days a week, but that they did expect to rent to a
certain extent and realize a financial return this way. The Mayor
Pro Tem also asked Mr. Martens about their means of deriving
revenue. He answered that. this would be through rentals and that
after renovating the building, it would be a fine structure for
va a oa nizations to use'•
In response to another_ question, the City Attorneys aald that
a rsdt 14 la$uead for .an Ame n Legion Hall and!
fah would cover tWi rental to other organiza-
r01 iCatsis. aunci raewett asked $bout the
t_..
yT OPP Wbi lift6haspy
d '.!dh V
1[.
hIS •
f .<4
rWN p
aa 11 tl<1 M®'+Yo=
s.'F {r kx+., a` r">.."^: 9k., k'p' H `,F s .r t r,
E
Co mcil .Agendas & Minutes 1961 6 of 6
r
a` as Lu V%muy, 2 ores Drive, mad that if the
P o r>sed use were, avenemad by any other o maraOl. it xould
r (Juire a cosssvire1*2 Use. The trRMV sitV91t1an WoUld be the same
se comveMial tndTle aVY 1020 c'.e. ftrs creftte aftlge stion and a
kaxerd regardless of the wmdrig eM in this amw they would be
le avlm at late hours. 1b eal.d that he ammed the +club would be
perly run send would not involve drivers mvftr the influence of
liernor, but; tbey uva2d be '169 at Into boom and cam a d1s-
ce nonstlutU C.
n tore Hlll ' 5 IftClellm RUA, stat dt mat the
Pople PmAnt am ft th WX nation
s Iz U bft can
Zoo*asp or 1 ofteys
1W d0ft mot aft I M= -ately
rftm At M& Q&#Wft to It as an ImordpOr land use. There
k Would be CIR"t Old this WOUM lvavltably be a
modsonce to to e proftting the
l
to
S at t to sell and their have
GUMOM idth mend to the rear of their
ProPOrties mnd the PD=IbdLIlty thvet It alght be used for some form
of picnic are.
Tony 11110, 20820 McClellan Read stated that activities at
X American I&SIOn NA118 are not conducsve to good residential
neighborhoods, although :-w a,grved that the organization is a very
WOrthy one and that he is in sympathy with many of its aims.
However, in this location, he said it would cause a great traffic
Problem and constitute a nulsance to the adjoining homes.
With regard to KcClellan RosfOO, he said that most of the
street will carry traffic fairly %vll but this particular point
13 an exregtion and mould undoubtedly he a menace to vehicles and
pedestrian.. In addition, four homes will be land-locked if
Permitted. Thin and the nuisance factor are the two main masons
he protests the issuance of a use permit.
Mrs. Johnson, 20840 McClellan Road, said that she lives next
door to the property and has young children in the house. She
does not want beer partie-s alongside and could not heave her
children alone if an Anerica: Legion Hall were approved.
Mr. Castleman, 2O0 McClellan Road, said that he owns an
acre close by and that three homeowners can' t develop without road
access to the near of the property, thus entrapping their land. He
said that this should he considered by the City.
Councilman Srich said that the neighborhood plan for the
area shows that the City does not want to land-lock these
properties.
Mr. Martens said that there is a nice residential district
across the road from Napredi_ Hall and that no complaints have been
received by that group. As to the fact that the building was
constructed as a chicken coop, he said it Is a pretty good chicken
coop and could be made a number one building and has strictly
nud"')er 1 lumber in it at the present time, and that at a dollar per
square foot, the existing chicken coop would be worth $11,000.00.
He said he wished the Council would inspect the site and the build-
ings.
Councilman Saich asked if there is about !', 0,000 square feet of
property, to which the answer was in the affirtaative. Mr. Martens
said that the legion would provide road t%cee ss to the property,
Adding that the problem of the adoining owners is nett the fault
of the Americana Legion, but results from poor planning on the partofthe :neighborhood ragidents.
Mr. Stark of Stark malty, spoke on behalf of tree Aa7eri can
tOn. He stag that ,des real estate oompar is t roker in
tie transaction. ts4s 'he mid A tett:A dist ' i
sand be can t we lot$ t irAsmah a tu" are d t ctly in-
JW
f
a seams
v
in"S 04
B u C
sau no one can tell at tide p03.nt what that -will be, We
red to the junior a ojLle.a site at. nortlruest corner of
Ilan and 50121Mv the app" ms are fmUght, with
Win. a siai. tt r+e r protests to the Isriance of a use
t to a f1mar grower.'.Pqrther went on McClellan ROftd and.that
id made with regard to the balls -and
of aOtl tle6-t go on. There are 1 n Utdch
AgWrIcan le0on can Say for such property. The arS
we men and it is3 ridiculousu to say that ldn be-bow dies who
to a nuisance and ecoum children in the night.
Ar. Rarm will, mOY ash-
With a
repair shop.t is
a
40t far , ate .1ti11`. 1ft
of tit P . Ad `.: aW
a p 10#0 •is- not ate: nor It of cil
th bovGht the _ pfttr 1lth r
that- what.1 not be 801027 resolved by nearby
4
v ai®n plate. il, has no agntmetual abliliatlon to
the problem of amass to and use or -tbe rear portion of
adjoining lots, he said. he concluded by emphagdzing that
rs of the American Legion Pbst are not roughlans,, but law-
ding citizens. He took note of the r!Sht of the owners to sell
and the right of the prospective buyer to purchase.
Fenton Bill stated that the nearby homes were built before
the incorporation of the City., and that he for one voted in -Favor
of the incorporation so as to prevent the oceurrence of such an
application as presently before the Council. He said that the auto
Mwp' down Tula bane is illegal, also that he protested agairsei; the
chicken coop when it was originally built but that his protest and
others, were presented too late to have any effect.
Moved by Councilman. Saich that the hearing be closed. Seconded
by Councilman Jewett.
AYES: Councilmen: Jewett, Saich, Benetti
NAYS: Councilmen: None
ABSENT: Coumcilmen: Laza:neo, Pelosi
JAION CARRIED: 3-0
Moved by Councilman Jewett that the matter be set for a study
session prior to the next regular meering.
The Mayor Pro Teri instructed the City Manager to advise Council
members not present that December 12, 7: 30 P.M., City Nall is the
time and place scheduled for a study session on the application.
After procedural questions as to the propriety of public
comment, Fenton Pill was permitted to ask What is the future pn,-
cedure? If the Council reopens the hearing will there be public
not-to e?
The Mayor Pro Teen said that the application will be on the
agenda of December 18, that he could not answer a question about
reopening the hearing and public notice therefor until such time as
the hearing was reopened, if at all.
Moved by Councilman Jewett that a study session be hell in the
matter of the American Legion application on December 12, at 7: 30 PSI.
Seconded by Councilman Saich.
A Councilmen: Jewett, Saich, Benetti
S: Councilmen:None
Councilmen: Lazaneo,, Pelossi
N CAEL M: 3-O
J„ „ P ORgYIrltf: Appli tio : 11-G-61 for Use Pbrmait a'or Standard
Oka Station, northwest corner of Blaney and a +. Denied
PUnning ComiB ans lutlon 76. A l.
V.
J* has V i 1 thehhands
r ;
e
s
v Mom, ` ,
a -r 4{y ` ,,:
E st 6 ',"+S °f, .,` :•e, a.: 4, f
e .
µ5,
i d that the `jpsotets submitted to
pluradag ssssrioa, am eu'ron 'Ous3 Ryis3 in that the
n of Zoning a c ssidemed. 2 .X Is already
eect, according to OrdhAnce 115. post of the yetitioners
continued., reside City Idmits and the applicant is
fora not arezoning. He sale outlined
for the appXicati ca, in wri tiisg, to the C*uncl l.men. A gas
is a naarvabtural t of anwy shopping c epntpr aril most
ent corn
1. e1f does not, W ther I*ie
gtWe or, _
m r , .._ _ .
a litter or a ictly as
1 a t sue` ` -e ia ing
coraer 16 a debPis.
ait aftar aw,i tsstati'a n to affect
i®; ® n
a sued t Q is
a , `
h a it t s4* on, ,, ill,MP4 Pit
io the basic station. MmW jig:do whatever the City Omneli
and will mswit the tits of the City Coil for any
0,
I
ar or citation they s e A4 tror the objectors telling Standard
that "heir applIcatlon Is dneconoffica1 and that the station
not make money, he ca2led this preposterous. Standard Oil
en this site as it does all of --'to locations, very carefully
after concluding a survey. He said this is a difficult argument
to suet when Protestants maintain that the business will not make
Altrnugh this need be no concern to the public, he said
tkat he: knows from past experience that the sites are properly
se2eeted. He introduced Mr. Robertson from Menlo Park, attorney
for Nr. Moreing. Mr. SebutUlt said that he is representing both
Noreing and Standard 0-1, pr1mrily the gas company.
Council=n Saich asked the City Clerk to draft the minutes
of all the p^evious hearIngs on the site which was rezoned for
Star Contractors, so that all Councilman could review the pro-
ngs at that time and see what statements were made.
Council—.-a Jewett read an excerpt from the Council minutes of
January 18, 1960, which showed that the applicant said there would
be no gas station on the site.
Mr. Robertson, Irri thversity Ave. , Menlo Park, said that
all objections it seems would apply to any com iercial use, which
has already `een granted by the City Council. He saw nothing in the
objections V-at are peculiar to gas stations themselves.
Mrs. C. eager Aloe, 6790 Bollinger Road said that she would
Like to see `_he material in thy: minutes come? out. A gas station is
the last thing, we would like to see, she said.
Mrs. H. D. Pirtle, 10894 S. Blaney, said that she lives in
the County, but is directly affected by the gas station as she
Hies directly across the street. She gave an instance wherein
sbe had to pick up`4 pop cans along the perimeter of her property,
apWrently thrown by children leaving the market across the street.
Sbe said her kitchen window faces the gas station site.
Councilman Jewett asked who Ed Johnson is. . His name is
slawn in thc- mdnutes of two years ago as the applicant or the
regmsentati: ve of the applicant.
Ar. Schvddt answered t he believes that Mr. Johnson was the
mer of the property at that time.
Countcilsaeen Jewett reiterated that 1;he statement was made that
AD m statioe would be on the corner wid the minutes of January i8,
so record.
Curies LeVezu, 10371 W&sstacres Drive, feels that the City
gas sstatiom he dfnted Mr. Schmidt's sstatewnt
is not a concern sir ssppublicwbetherornota ,gas station
business,, ssin+ City relies sand operates Ontaxe€
from s4cL 1aaasI
r
Thqrefore tA=z affected
t6i+ tsf `tom A.on obti
r
mks
k
since S t ie
t^
tf`t• ' f 1a•"
Lion come fromsuch-- W lub6. jobs, aaeeoriee, atc..,
mther t haan the more off s and' 0,A if -ttom station could not
XMM a, g te
CMincilman Salch tee. a study ,s e on the ion
t closing the
r Pro Tom s v*sedl the pAbIle that Wit, Isl mo .
i'or the Ccnmc:Ll to hftr t1W pros. C=s-;, sloop
and after holdjxg a atuay< _sewdor4 if nee of .'
the > 1nidton ifia, anther-Oatg# to VMdbr as. deftas1Ofm F °.
ftbetheble
rts9tn_. d nab
Wad bilm, hisn6t:tea a
vapor Pr6 ' the .apt P. t .
granted subs t b,"no sad idea.
W. Scloddt mad, tea t `he too_*bass aahe_^ tom: of hd
lous maeetings and
h
1jewilldclose what was add at that time.
k askod if the gars station state Mat was not jade b °® the
t. Condssion rither than the City Co7611.
The :,labor Pro Te= said that If the applicant wl shes a vote on
the this evening, that is his right.
Cot:mcilman Jewett referred to the minutes of December 28, 1IM,
which read "Said preCise plans will not include a service station.".
Loved by Councilman Saich that the hearing be continued to
December 12. Seconded by Councilman Jewett.
AM: Councilmen: Jewett, Saich
KAYS: Councilmen: Benetti
ABSENT: Councilmen: Lazaneo, Pelosi
MYrION CARRIED: 2-1
V DIVZ'SION OF HIGHWKYS, R. A. Sayler: Relocation of Blaney Avenue
re Junipeiv Serra fteeway
Mr. Hayler posted a map Of the proposed relocation showing
Blaney .Avenue about 2501 west of than existing Blaney on an overpass
with the freeway going underneath It approximately present ground
level. Blaney Avenue has been left intact for the PG&E plant
just south of Homestead. The rerouting returns to the existing
Blaney Avenue alignment a little south of the freeway in order to
leave two residences, one owned by Prank ?esryutek, larlO N. Blaney.
Blaney Avenue will be Va.12ed up over the freeway. Mr. Hagler qa:*d
that shifting the alignment 'to the west is preferrable to moving It
to the east side. He indicated the traffic movement wrtich would
result. The Mayor Pro TL*m said he is puzzled by the movement of
Blaney Avenue, saying that he believes the Church of Christ, Blaney
Avenue is applying for a use permit. (City Clerk note: Use Permit
for Church of Christ on 21 acres, north Blaney Avenue, west side,
approximately 6MI south of Lucillo, was approved by the Planning
Commission in November 1958. Use permits expire within one year
If not used and a second application was made July 5, 1961, and
granted by the Planning Commistsion, . July 24, 1961, subject to
9zhl.bit B and the H Control Coumittee. - The Division of highways
nay be showing the relocation of Blaney Avenue with overpass has
not been submitted to the Cl,iy Hal], but the church application
appears to,be south of the map presented by dLr- Hayler on
December 4 ..
The Mkiyor Pro Tom aokqd if the road pattern would be the Game
t:la ey were to g® ovqV `the freeway. ft. I ayler answered the
tise.
Counc ilmn S%10 .a g, ,. ;
Mr.+ &Aar If tke J®rg; la shomn :on
p.ls nacessa e> i + ve• ..
yi 9'` k a'?',yay. .X * ;1:.,..t, .r
5 „
r i3. sa(c3:.' ,y+ ,.,::
ftq moor Pro iA° g iftltw how trade would get from
latesne to Blamy. Nr,- . ftyler t i out with his Muse:, the route
to - 11 Bh :said t:`t involved in thew sstzueture is
vtth a em of: .' , dt nature thus affords 500' of
ty in di lctl • d. he :19 ru rprise ' that he has
of the Pro sw abufth building as CUpertlno hasboon
1. -about noti ' t r t of buncithg vendta.,
use es opm , 1511662 'hta s
uffit Would- esrith
lie to Ova€
4.
t
Y
r„
AwA MOVW tic
tm
t ib fry the_° cantor
r
0 f
ft the filer
Y "
2501 •
nor th S KIaAiM red about 1,COW The
11 sages thlss. ftgn y is about IA mile south of
Councilman Saich asked . maintain the loop In between
tbe ftreeway approach. ler answered that the Mate would.
fte i yor Pro Tea staked W. Eyler if the City could have 'a
oo" of the mp. Mr. Naylor answered that he would like to keep
this one, but he has already given Jokin `Fleming) one.
Lou Mariani, 20360, Blauer Drive, Saratoga, asked Mr. Hagler
about the intersection of Homestead and Blaney. How is this to be
treated? Mr. Sayler answered that this will be left as is, ti.t the
A. nt only comes as far as ^!00' north of the freeway and
would not affect, Homestead Hold.
Prank Zesszzatek, 10710 N. Blaney, asked that benefit PCMZ
would derive from this realignment. Mr. Hagler answered that it
would provide better access to the plant, but the Division of
ys is doing this for the benefit of all the people in the
State. Any other benefits or disadvantages are purely incidental
to the construction of the road. He added that the freeway is
planned at ground level. The Mayor Pro Tem then asked why the
Division of Highways is necessitating the movement of the PM
plant. Mr. Hayler answered that the plant is not being moved.
Mr. Zeszutek asked Mr. Hagler about access to his house. He
said ghat he does not appear to be in a very good position if the
State moves Blaney.
Mr, Hagler said that the Division of Highways is supposedly
tam care of all the damages and problems when they acquire
p"yorty from Ze sszutek and severance or damages are taken into
account at the time the property its acquired,
Tom Burrascano asked what Bence is there in realigning and
re ructing (duplicating') Blaney for 1/8 wile when Wolfe Road,
Nerrl,tt and Lucille provide the road pattern in the immediate
vlclxdty. Answers to this noted the fact that a couple of these
streets run east-west rather than north-south, also that Wolfe road
Is not yet an accomplished fact and it is more, than 1/2 mile away.
Mr. Fleming asked Sir. Naylor if they had- made a financial
congazison between the easterly realignment and a westerly realign-
amt. 2he easterly realignm6it, would require PME biAldings to
be noumd. Mr. Rayler answered that they did not have the chart
an Oda subject but that he Is certain that the easterly realigmwnt
vaW be more expensive and this was obvious to people Who examined
tbo ,4"Wright on the grid.
Me City RagIneer said that If reloesating the proposed church
e west side of mangy in Into account,. it might be
to use the esat "I x. asimt.
VVIM w,
jller =14 that bo COO&MOt see how undeveloped property:
met as WAh as pro tea 3 or 4 buildi. s on its
an trial plant. go apked the City to keep ble
t adV sed of bullding aloe°q the frOSMV-WSW=
4.
0` The Nagar Pro Tom noted tftt traffic coming out of:-
aged to nice a left- to ago south. The saw Is- true
traffic of to Blaney fn)in Dille. He
that they seem to be uw1m the road the wronP. VaY.
City r K s theuti.li tiee .3!'S
has idt
M
V"talon o• leas°
xr
that fee d a QUIC about the uti
t the 00z t M 18 the least7Awm
t he is eonceii s to t that Wolfe Road Is not
Be mid t _9P$ I1t zY i1 8 le It the road tfs not
year.next
m
ink zes=teh udd that ==mey hvenus is in a beak of a
He also asked Ill° did not go over the :bPldge.
Mr. Hayler again answered that the present proposal Is- evah
than extending the bridge over Lucille Avenue.
Councilman Saich asked uhm the City needs its answer.
Mr. Sayler said "pretty soon - one month would be OK". Their
are scheduled out for six months.
Ward Crmp addressed the City Council and said that his
oldmions may to too late. fbwever, he stated that he believes the
City resolu lcm supporting the extension of Blaney is in era art and
he tbdnks the 'hodge podge" resently on the map before them is
Hof of this. This street YBlaney) is of no benefit to anyone but
FGSZ, and is a gross error In planning wh1ch will create a major
girth-lout'_: a ery through a residential area. He outlined the
neaLrby stree $. the surrounding neighborhood and the zoning, the
location of and 'the pend-1.Ag applications. This is planning
a na jor nort si:urh thoroughfare on a residential 60, street when a
60' street is n t a major street. The traffic goes up and down
fey at a _an:astic clip all day long. Trucks, he said, do not
belong on B1=r_ec avenue and sholu d use Highway 9 or Wolfe Road. He
ecrosluded Ine za . see no common sense in the overcrossing
represented t-y Blaney Avenue.
F John Rory.ues, Jr. , Town an-1 Country Realty, said that he
would like t see the money being spent or. this Blaney Avenue over-
pass diverted o Wolfe Road. He asked Mr. Hayler to venture a
roogh guess a cost of the overpass. Mr. Hayler said that he
d1A not have any figures with him but he would make a rough estimate
of $200,OOC.X.
Mr. Rodr=6.:es said that a 601 Street does not seem a feasible
place for such an overpass but that the money might be well spent
ova Wolfe Road.
W. Hayler said that he could not be a party to such horse
ig, that he cannot do business that way. However, if the re-
nt merits reconsideration, the highway department will see
to that.
Lou Mariani asked if the State will improve those portions of
MaLney Avenue colored into the map. Mr. Hayler answered yes.
9I MEMIANCE AAA+ RESOLUTIONS FOR AMPTION:
A. ORDTNM93 47 IUMSEM Shabdivision Ordinance. Second Reading.
Mved by Councilman Jewett that reading of Ordinance 4T
Rowls"I be confined to title only by unanimous consent. conded
Saich.
t 2neo:Jove t S"c h, Wnett i
Coun4lsss :ul r
lea:zaxwwa, Felosi
CA
hall
z
Ibc CaV Mcoft Med Qmftn@Emm 47 (Re milvi by title only.
ved by Ownci lWe jbfttt t4at Ordinance 4T ( be
@Mfted. Secanded by eh.
1en:legett, Saich, Benetti
Comwilmen:ftw.
18m: P4920si
22 north of Regnart,, south
a ( 42
ret readinggf vim.-
3MUnM 526: Acceptlag Dedication of Real Property fromD. ge11y.
Moved by OwUncllman ablution 526 be adopted,
n8 dedication of rdu2 from Robert D. Kelly et-al,
rcsfiftY Ses. Seconded bSr Councilman Jewett.
tllmen:Jemett, Saich, Benetti
coumilmen:None
AIMIT: lmen:Romeo, Ptelosi
e 3-O
VZI FAIEW BYLIZ:
A. Besolut -ams 524 and 525.
Moved by -nmellman SaIch that Resolution 524 be adopted.
Seconded byci l mean Jewett.
Cc;.-=_lmen:Jewett, Saich, Benetti
lays: Cv _i imen:None
Co'- =1'an:Lazaneo, Pe to si
CARRI3=- 3-0
Moved b. .z:cilman Saich that Resolution 525r be adopted.
Seconded by .z_c i loran Jewett.
A7W: C ilmen:Jewett, Saich, Benetti
NRYS: Cc-.d_ 11men:Norse
Co,=- amen:Lazareo, Pmelosi
Oft CARE= 3-0
VM S ANZ = COrAWC 1TIONS:
1) Pbothill :bllege: Notice of forum on problems of metropolitan
December 8 and 15, 1961, & to 10 PM, College auditorium.
2) City Clerk: Revenue statement by source; November, 1961
3) County _f Santa Clara: !Agenda and minutes of meetings .of
r 15, and December 6.
4) Building lhspector: Report for month of November.
Sniverrsiita of Califoru3a: Advance notice of the 14th
0122 ornia Streets and ALghways conference at- Los Angele8, Janu-
MW 1962.
UY Of le: COW of Councilman Mark Russell's paper
at ther ual of the • of California•
In
later City ®mincil:98 of meeting, Dacember' T9 Hyatt pious®,
v Jose. fte for asked reservations.
ed by ftmailmn that the correspondence be received
is jo Seconded O
t'a_
s jeweftv.ch, Benetti
Counci lean:None
3-
4Mwe
IF
k
d by G i.lwan j tt t DepartmentWatecr,.. Ma V .
the t of $2,,99.7 .5ip to the San dtaClara0Vnt*
CMjeoftr be autbo zed for slgwt.we. Seconded by Counci
Aim
Cou lnen:Jew,. Such,. Eenetti
0ouncillmn:now
CDUVA11MM:IA l
OFFICEM AND
AL Mbport of City Treasurer:'
go further report.
B. Report of ,City Engineer:
See City &Zineerls report dotted December 4, 1961.
Mbved by C :zncilnan Saich that Resolution 527 be adopted,
acceptdng dedic-tics of real property from Cupertino Union School
DistrLet for roadway purposes. ,Seconded by Councilman Jewett.
Councilmen:Jewett, Salch, Benetti
dounc_'-e_n:None
as Councilmen:Lazaneo, Pelosi
CARRIED: 3-0
wed by C,:=cilmar Jewett that Resolution 528 be* adopted,
az— g dedica:{on of real property from Anton Saich et al for ruzd-
way purposes. -z,-co..nded by Councilman Saich.
A =s Councilmen:Jewett, Saich, Benetti
WEMAMr Counc 1=er:None
Counc_inen:Lazaneo, Pelosi
77 CARRIED: 3-0
Councilman Sv_ch vacated his seat on the City Council.
7kke- City Engineer recommended the issuance of a warrant in the
asouimt of $2,83.719 ,presenting the deposit made by Lucky Storer
sty incurred costs for processing that approval, in fa`ror of
Stores.
Moved by Ccrx celman Jewett that the City Clerk authorise a
varzent In the ,ant of $2,834.79, as recommended by the City
and appmved by the City Attorney. Seconded by Councilman
Alm.- Councin:Jewett, Eenetti
Council None
Councileen Lazamw, felosi, Saich
MMEM QED: 3-0
The City Attorney referred to a litigation report from Western
and Title company. lie reedended that the report; be
to the City Attorney. So ordered.
exww4iman rich resumed kde-seat on the City Council.
0,of CSty Attorney: rt
Jerson introduced d ' e -24(A), an Ordinswe a of-- e
rtiuo Amending Ortknpme No. 24, the UmLform lomml Sales
or the City and the urgency thereof. Be
T.
67.bed, the ordlumce a laiWly procedura, 1, being a definition
d2 am place of sale, thus de taSng the jurisdiction entitled to
fte sales taz in any given transaction.
Aoved by Councilman Saich Uat Ordinance 24(A) be enacted.
Seconded a"y Councilmn Jewett.
Councilmen:Jewett,, Balch; Binetti
l
M
peiosiusoportofPla
366
g
vg minutes of novewwr 14, and g, l 1.
r. rt of Qlty
1) Truck
Moved by Cakmcilman Jfpwaft that the truck purchase be awarded
to MA 1 bidder an reamsenftd by the City Manager. Seconded by
Sai ch,
Councilman:Jewett,, Salch, Benetti
Ccr acilmen:None
AZINW: acilmen:laza=v, Fe2osi
NMCK 3-0
2) Highway 9 parking:
The City Manager suggested that this matter be discussed °-.'aen
all. Councilmen are present. It could be put on the December 1
3) Homestead and Selling Signals: Sunnyvale design study:
Postponed to December 12
fit) Mscellaneous:
The Cupertino School District has asked for a revision of the
school walkway requirement westerly from Creston to Stevens Creek
School. The Superintendent has asked the City to approve 41 feet
of pavement on the existing portion of the walkway and waive the
ruction of the easterly portion to the creek itself at this
Councilman Jewett said that he agrees to the deferment of the
extension over the creek at this time but advise the widening of
the pavement to 10' before the thing becocde9 covered with mud.
The Mayor Pro Tem said that the Council had decided this once.
Moved by Councilman Jewett that the school pedestrian walkway
frcft the west side of Creston Drive to the top of the hill com-
plated originally required, i.e., 101 of pavement, by allowing
the easterly portion of the easement from the east side of Creston
Drive to the Creek to be deferred until construction of a sub-
division on the east side of the creek. Seconded by Councilman
ffiieh.
Ate: Councilman:Jewett, Saich, Benetti
INS: Councilmen:Atone
MEW:- VounclImon a Iazaiaeo, Pblosl
the City Manager reported an inquiry has been made relative to
t ie Voss property off the Mountain- View-Stevens Creek Road. and
r .tea a prior citizens houa ng development.t. The
is ; lh and agdats ftr the gmperty would Uke to hwft some
discussion with the Council and ti; ftannihg Commission
king fomtl 8 l1$t a. ,
sir' It I ftN
9 Mae 10
h
Coui i 8 f
s x
ANIL
He advie d the CLty ftualser to set a: &ter.
X voubm s
A. Hates smioma
The Clty parr stated that in his report of November 24,
he adv1sed the CIty 3. : that the Board of s reisors .h&Vo
a contract to vAter for Santa Clax 'aLWy -throup tbe
Aqueftet. contract was Novenber 20$ .by.
State a ty wWi6ter has the areftby
Vtsee2 Faso
XX I= 3031N=:
AL. Architectural and Site Control applioatiomi:
1. Bel-Air disbdoor products, Lie: Patio Display, southeast
corner of 9 and Stevens Creek Blvd. Liecommended by
H Control CAMmittee. Conditions. Continue.
The Mayor Pro Tea asked why the application was here.
Councilman Jewett said that the proposal appeared to be an
a.set to the City and an Improvement under the present condition
of the property. It w=ld keep people from cutting across the
rrAad even if it served, no other purpose.
The Council put the application on the next agenda and
re1quested the presence of the applicant.
Moved by Councilman Jewett that the two applications approved
by the H Control Committee on December 4, be ppiaced on the Council
agenda.. Seconded by Councilman Saich.
AYES: Councilmen: Jewett, Saich, Benetti
SAYS: Councilmen: Acme
ABSENT: Councilmen:, Zazaneo, Pelosi
MOTION CARRIED: 3-0
2. John H. Fisher, 1706 .Broadway, Oakland: Application for
architectural and site approval for a Speedee Apart; Simla
Junction, Homestead and Mountain View-Stevens Creek Road.
The City Manager posted the plans and advised the Council
that the architectural committee had voted unanimously in favor
of the application (see minutes of the H Control Committee of
December 4).
The City Engineer said that he has not seen the plans.
Moved by Councilman Jewett that the City accept the architectural
control plans as submitted and as approved by the H Control Committee.
Seconded by Councilman Saich.
Councilmen: Jewett, Saich, Benetti
MWYS: Councilmen: None
AISSENT: Councilmen: I.aaaneo, Pelosi
MOPION CARRIED: 3-0
3. Earl Sorenson: Application for architectural and site
approval of a duplex at 19950 Homestead Road Gust east of
Blaney).
It had been mplvqa,by the H Control Co tie that Plan .9-1 and
Z-3 be approved aft t the units be spread to p2oa1de garage area
between the tiqp bp,, - 0
Moved by Co W cih that the be the H
OV91 3aaond d is u wett.r
b.
at ed
w .
y
k
ON
26
d
Alba
r IsEB s r,Beni
s, Delos A '
s:
EM801can Schedule.
o
by il '• ft t the pojjs' ' the GOMMI
MeCtIon 031~ 30, .,2 , be Open 1:00 AK to
or the Witty.a**.da
s ts
r It
ftif, tetti
7Nft:room"" P41081
Jill
2. jilm mdftSwss, Jr.: '_ eation of proper on West sift pf
IMOBW 9 ROdrjgMs avenue and Crossroads Center for
Usawnws Purposes.
ft. Rodrigues revieudd the fact that the center line of
AMShmay 9 has apparently begm shifted in the area just south of
Stevens Creek Road so that about 81 will now be taken from the
went aide of the highway and ooe foot from the east side.
Rodrigues posted a map of Saratoga•-Sunnyva.1e Road lust
scoWa of Stevens Creek Road, showing in blue shading the road
section already done and In green shading the area still to he
con4pleted Be noted the loryon of the hardware store gust south
of Crossroads Shopping Center, stating that this hardware store
camoot be moved except at great cost which would be prohibitive
to the City. He asked the passibility of reducing the 10' wide-
walk requirement in front of the hardware store to 5s so as to
a1low.the building to remaln at that spot. The grade at that loca-
t1an Is severe and the s1devalk would end up being about 2J' high.
The front of the hardware store will have to be renovated, possibly
requdzIng steps.
Just south of Sunrise ewe is the locations of the medical
occupied by Drs. f and Wallace. Per. Piodrigues stated
thrt Dr. Wallace has not, camed to proceed with the widening and
lopmvement of his 47= of frontage which will remain as its for the
t Vie. being. He said that he is not in a position to. make the.
expendIture for Dr. Wallace. EL- asked the City Attorney, through
the Chair, if there is any way tit Dr. . Wallace can be forced to
impavve his 47' .
On City Attorney ajowered that "there air* legal methods..
syself1cally in the Improvament Act of 1911, whereby remaining
can be assessed for certain improvements when.more than one-
balS the strut has alreaft be Improved. He said that in the
poment situation a "hole°' uM remain, quite possibly until alien
DES placed against the ror an assessment district is formed
or tom' owner improves vol Air. Rodrigues said that he will
midw the dedication of 102, but he would assume no responsibility
ftr In ving the afo 4'T, not'awned -by him.
fte City ffielneer sW tftt, the "101 walk on either side. of the
store would ,be t . a but by
walk
time electrol ers,
nts, etc. the walkway is already crowded.
C::tl*.y AttonM rlows, lug.` t8
5 2Into thee. 115teaft1d 30t Giftmk
s the life Of- Ms. F44ft. gues asomodl $hot
dialdne the 10 atalp as
It
04 MOV a
A
Mr. that he 1 s pros t,o dedicate 101
to the City it the City will Improve the 101 . He In twilling to
Install everything else, lncl the walks, lights, pavement,
drains,, hydrants, if any,, etc.
Councilmen Jewett asked wbat wou34 happen .if the State is late
In widening the road to the 80" s Mr.
p
rrlgu ss stated that
be can wait for the Mate to complete its 801 "before doing his
loprovements or he can go ahead at this time. He sqWested that
it might be poasible to c1mr out the exists strip otxtelde the
efte of the ex:LstUS roadwy In order to improve the apSwarence.
Re sidd that this u6nuf be r. for the ptiblic an a i6ole and
b0ttet for the property ftvored A-aMletlng the. rest of
roveMents When the Sftte CMOs in to do the widening work.
The owner o are three street-
low ravges ly, Scofield, ese
smid
ct f at;s bllStty of closing oil' ge
Drive in order to of the intersections and conform
some closely to standard traftle ev4gineering. Discussion followed
an to shether the reaMente vision and partimiarly
Bunrise Drive, wm2d rather the street open canto the Highway
or not. the point me made that eventually it will. be a dIV.ded
which Vou2d at that time prevent traffic from proceeding
Immediately south on fflghmay 91 from one or more of the streets
lr. gigues said that he is asking a waiver of any performance
bonds at this time as a saving both financially and In terms of
conveirdence to him. He said that Inasmuch as it is a reoerded
and completed subdivision there is no obligatiow on his part at
Chas time. Due to the fact that he is willing to install Improve-
swents of his own accord, he does request the posting of any bonds
be waived since the bonds will simply be recrairing him to
guarantee the performance of something that he is not required
to do in the first place.
Councilman Jewett stated he is glad to see Mr. Rodrigues
come into the CouncilChamber-at this time with his proposal and he
can see that the construction of a 10' walk abutting the hardware
store would be a hardship in this case, and further that he sees
no trouble in allow: .$ the 5 Q 92dewalk instead. He emphasized that
he is in favor of the proposal and the widening which would cau.Q-
people to park on the side of the building rather than 1n front of
It, thus relieving the traffic congestion even further. As to
waiving the performance bonds, he deferred to the other Councilmen.
The City Attorney said that while the Council is probably
wl.11ing to rely on the credit of Mr. Rodrigues, no subdivision
Is being installed at this time. The street improveLwnts contemplated
do not constitute a subdivision. If the owmer (Rodrigues) is
willing to improve the balance when and if the State or City will
Improve the 101, he said he could see no drawbacks to the issuance
of a 5' encroachment permit.
Mr. Rodrigues suggested that he, the City Manal3er, the C' ty
Engineer and Dr. Wallace get together to discuss the possit'Llities
for the aforementioned 471 .
Councilman Sanch asked how soon he proposed to meet with
Dr. tla.11ave. He also posed the possibility that the City might
be interested in oiling and screening the 101 under discussion
until the State does corms in and improve it; lap to standard,
Mr. Rodrigues waked the City Engineer to draw a cross section
of both an 801 half-street and the 120, half-street on the board
so that all parties could see and discuss the exact physical
Improvements under discussion. He asked the City Engineer whether
It is not correct that the Stato does not expect to pave the full
The City Engineer NUA that it is correct that the 800 road twill
nOt have 80' .of paveMents, but an III shoulder will remain at each
of the highway in offer to maw grog tranal.tion with the
1t9 WhOu NO road ie broXMht to its Y.U11 IL209 WLdth,
d s:r 10' traffic low ar4 wart, r lot for the s1detwalk, curb and
or will be iYOt ll :.
v r, -sl.ai,.,s`y
rst. f•„ M- sx. sax f i v.,a k=,< .x"' '
M
m
The Cif `t exPI&Ined that the 1 sWulder in neeC.?d as
a USMdtlaft section l oweder to allow for the proper caurb s
afe., od in caste out is
a letter, givinga sal of City for a5` a t he d like a i0tit a in furor of
anroval or diaa.pprowl of the Pragfts I* hem Vnwmted verabllJ
Snelvding enarda t, rvdidlcation, nt of the
Utoso j eta.
COUMIkun &dab a to ccat&vt t!a ci
18r. me bovaiiaa
a aL city,to tho 4000bum them
so wave*itr 30 of tas,
s or Ytafth -en
t `
it
no QLtY BNOLMOW am tftt
sed t00"W In
tet
C& tea in ae in ostler to ttafteem
of OW Wmaniart tgon.
Ob. FAdr1gues aW Mr. PIOMIM agreed that tt Would not be
a quastion of the dirftrame of no and s9 in tuw emm.
00=011=n Jeaaftt said that bs would UkO the City r
to 903te omt a rec9 01010114 been and make a report on the subject to
no city council.
0 a 4
City Manager resinded the City council that December 6,
at the City fall, is the time and place for a meeting win AbraamKrusbkov, the rem Planning Consultant.
11111 AW
bred by Councilman Jewett that the meeting be adjourned to
December 12, ill, at 7:3o Pm. Seconded by Councilatemn Salch.
A : Councilmen- Jewett, Salch, Benetti
XL : Counei lmi: None
AB3WR:Councilmen: lazaneo, Pblosi
NM 3-0
Meeting adjourned at 11:45 PM.
APPROVED:
As/ ckj. Zazaneo
Mayor, City cir i-Eino
le rx