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CC 06-09-61 331 P. o. Ðox 597 AL 2-4505. C I T Y 0 F CUP E R TIN 0 CUPERTINO. CALIFORNIA MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CIT'Y COUNCIL _ JUNE 9, 1961. Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. SALUTE TO THE FLAG ROLL CALL: Councilmen Present: Benetti, Jewett, Pelosi, Saich and Lazaneo Councilmen Absent: None Staff Present: City Manager, City Attorney, City Engineer and City Clerk I PUBLIC HEARINGS: 1. R. J. Wilson; Tract 2722: Brick entry structures. The City Attorney rendered his opinion relative to City liability concerning the structures, Moved by Councilman Pelosi that the City approve the architectural plans prcviding the owners submit a hold harmless statement to the City. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 2, Lamcin Williams; Tract 2527; Lots 16, 18 and 19, Moved by Councilman Benetti that the site approval to the subject application, Saich. City grant architectural Seconded by Councilman AYES: Councilmen: NAYS: Cotmcilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 3. &: 6, Lucky Stores; NH corner Highway 9 and Stevens Creelc Blvd; 10.6 acres - and gas station. Mr. Biagi represented the applicant and described the pro- posed construction. Discussion developed relative to the land- scaping and expecially to the retention of large oalc trees on the property. The Council expressed its wish that these large trees be kept if at all possible. Councilman Benetti observed that the City tree ordinance will control to some extènt. He said further that he is in favor of additional planting, whether grown trees, if feasible, or saplings. Mr. Biagi stated that the applicant will definitely comply if the City requires trees, although he said he is not volunteering to install such planting. Councilman Benetti said he would like the City to start a tree planting program. Councilman Jewett said this appeared to be a good opportunity to get various types of evergreen into the landscaping for the area. Councilman Pelosi said he is under the impression that the applicant conveyed the idea to the architectural committee that small trees would be planted. -1- 332 ... ~ ~ - ~ Councilman Benetti asked that the minutes contain refe!"ence to the landscaping discussion and the fact that the City Council is on record as advising the applicant to provide for tree plant- ing in his project, as per the above. Moved by;- Councilman Pelosi that the City accept the recommenda- tion of the 'H" control committee, granting approval of both Lucl{y Stores applications, Nos. 3 and 6 on the agenda, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: ABSTAIN: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Lazaneo None None Saich L~-O 4. Fontenot; Tract 1946; Lot 8: Moved by Councilman Saich that the application be approved. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 5, Helen White; Tract 2527; Lot 14: Moved by Councilmen Benetti that the application be approved subject to the conditions outlined in the minutes of June 7, 1961 ("H" Control Committee). Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 The applicant ,1as aslced to leave the rendering in the City Hall for further reference, II PAGE PROPERTIES: Inasmuch as the matter was concluded on Monday, JW1e 5, 1961, Councilman Jewett felt that the item should be terminated and he moved that the issue be closed, as stated in the minutes of June 5. 1961, Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Councilman Pelosi asked for a review of Ordinance No. 163, the matter to be put on the agenda. In response to a question, the City Attorney advised that the ordinance is worded to apply to construction and, therefore, any construction authorized after the effective date of the ordinance would be covered by Ordinance No. 163, including Page Propertie s. III HIGHWAY 9 RIGBrr'-OF-WAY: The City Engineer posted the map of Highway 9 from Homestead Road to Bollinger. The map showed the existing right-of-way in pink. This section is now in the name of the City of Cupertino. In brown is Shovffi the area to be acquired by the City to supply the State with the right-of-way for an 80 foot road. This area comprises 2,1 acres and ,Iould provide 4 lanes, plus 2 shoulders, making 58 feet of pavement. -2- 333 The blue area en tl'!& ma:p :i.ndi.ca.te.s- the eventual 120 foot width of the road and 5.76 acres are necessary to complete the acquisition of a 120 foot right-of-way. .46 additional acres have been acquired by agreement although the actual dedication has not, as yet, been made. The City Engineer emphasized that the City should try to worle out a plan so that the utility poles need to be moved only once in order to avoid the expense of a second relocation, P.G.& E. will move them once at their own expense. Pavisols Øa~aS@ and Baer's Garage appear to be a few feet within the 80-foot right-of- way, The City Attorney advised that his eminent domain cases indicate that the State of California has an easement down the highway and that the adjacent owners have the underlying fee, which is apparently valueless, The Mayor stated that there is nothing further to add to the information on the map at this point. He asked the City Clerk to provide the Council with the acreage figures shown on the right- of-way map, also an ownership list, Mr. Ruffo, Chairman of a Highway 9 Committee addressed the Council to say that he advocates a cloverleaf interchange at the juncture of Highway 9 with Junipero Serra Freeway rather than a diamond interchange. He explained that left-hand turns are cumbersome and slow on the diamond interChanges and would back up the traffic, whereas the cloverleaf would provide for an expeditious movement of vehicles. He therefore asked the City Council to do whatever it could to secure a cloverlead. The Mayor referred to a letter received this date from the Division of Highways which said, in part. that the California Highway Commission has approved an interchange at the intersection of Wolfe Road and Junipero Serra Freeway, contingent upon the installation of a diamond exchange at Highw~y 9. The City Attorney reported that the Kerstulovich property near Homestead and Highway 9 has been acquired by the City but not yet recorded, while the Persha property is still in litigation. Councilman Benetti asked that the Highway 9 acquisition map remain posted on the board. II PAGE PROPERTIES: Moved by Councilman Benetti that the Page Properties matter be opened and reconsidered, Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Before discussion of this matter, Councilman Pelosi moved that,a time schedule be put on the Council agenda, as with the Planning Commission. Motion withdrawn, Mr. Reese represented the applicant and reviewed the fact that the Council had approved a 5-foot variance for front yards on 25 lots so as to permit 15-foot front setbacks. He said this was granted to enable the builder to employ an interesting design with open spaces and pleasing appearance, eliminating a monotonous military line-up of houses. He observed that the variance granted is a letter percentage than is provided in Ordinance 163 which was subsequently enacted. The orders which the building firm is re- ceiving on the houses required him to seele the variance, he said. He stated further that the highly competitive home building market requires the construction concern to take every means to please the public and prospective buyer. He therefore requested .., -,;¡- 334 """" ¡",,; , ~ an additionàl vari:.nðe too allðN a. rear sctbacl{ reduction of' no more than 5 feet with the front setback to be 20 feet whe~ever two 15-foot setbaclcs appear side by side. He explained that tl1e average 1::sable rear Y<'\rd would be 2715 square feet 1.nstead of tl1~ JJi.oo square f'ee'0 l"0quired in thè ordinance} but that the desig,: ,)f the 1'01.\3e pl<oced a part of it within 15 feet of the rear lot lin8, ~ In_ ¡1j:;:) Councilman Benetti inouired whether 25 lots only are still in question. The applicant responC(ed in the affirmative and 1'11', Benetti asked the minuçes to so state. j·loved by Councilman Pelosi that the variance be gr'2.nted for 15-foot rear yard setbaclcs on a lot with a 20 foot front setbaclc adjoining two 15-foot front setbacks providing the area in the rear yard averages 2715 square feet throughout the subdivision. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: IV NEIGHBORHOOD PLANS: Benetti, Je\~ett, Pelosi, 3a1.;;11 anè. Lazaneo None None 5-0 Neighborhood Plan No. 1 ~IaS revievled by the City Engj.neer both as to the nature of the circulat:;on pe.ttern and the l°easons for locating the streets in )8rticular places. The City Council aslced to consider Neighborhood Plan No. 8 involving the Bilicr: property >1hich is presently before t¡l€< Oi ty Council as an ordinance for rezoning, Poss:Lbili.ties o£' al';~eI'ü¡g the traffic pattern shown in Neighborhood Plan No, 8 were é:is- cussed and the ramifications of differing patterns UpOD th~ use of the Bilich property and the adjoining properties was éjscussed. The Council advised the City Engineer to give further study to street posSibilities in and around the Bilich property. Neoghborhood Plan No. ¿¡, lias discussed ~.¡j, th reference to the circulation pattern in and around the Saich property which is before the Planning Cormnission ·June l~, 1961, Ü1 the form of a tentative map for the R-3 zone and a u~e permit for the gas station. Don Band1ey, Cuperti1:o Realty, stated that he is interested in bqth the street pattern and the neighborhood plan of the City Engineer as it affects adjoining properties. V MISCELLANEOUS: 1. Bethel Lutheran Church: The City Engineer reported to the City Council that the Bethel Lutheran Church is ready to add an additional building to their property at Miller and Sorenson. The City Engineer stated that the street improvement plans cannot be signed at this time because full improvements on Sorenson are not complete. nor are they complete on one section of Miller Avenue. Therefore, the building permit cannot be granted since it is contingent on site clearance by the City Engineer. Councilman Pelosi proposed that the City apply the same regulations to Bethel Lutheran Church as pertained to Cupertino Union Church on Stevens Creek Boulevard and St. Joseph's Church on Highway 9. The City Engineer explained that the situation here is slightly different from the two aforementioned churches, due to the fact that the Bethel Lutheran Church is ab1.~tting an improved street and that the adjoining property conforms to City standards. -4- 335 He posted a plan of the property to indicate the location and extent of the problem. Moved by Councilman Pelosi that the Bethel Lutheran Church post a bond to guarantee construction of standard city improve- ments on subject property at Miller and Sorenson, the building permit to be issued when proper letter and bond is filed with the City. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelos~,Saich and Lazaneo None None 5-0 2. Councilman Benetti presented the list of members comprising the Recreation Education Committee, 12 in number. He asked that the City of Cupertino. Moved by Councilman Jewett that the Recreation Education Committee be made official as submitted, consisting of 12 members, as follows: Paul Finch, 10430 South Blaney Mel Fronsdahl, 10735 Finale Court John Hornyak, 20568 Blossom Lane Ed Kay, 10424 Westacres Drive Nick Kuhn, 10225 Richwood Drive Keith Royce, 10398 Westacres Drive Louis Segal, 10293 Denison Avenue ChucIc Snyder, 10433 Glenview Avenue Gary Stokes, 10199 Richwood Drive Carl Tucci, 10642 Randy Lane Bill White. 10628 Randy Lane Jack Gates, 10410 Westacres Drive Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 3, Moved by Councilman Pelosi that the City Council authorize an expenditure of $450.00 for the purpose of improving the easement into the Stevens Cree Ie Pump facility on the Damico property, the easement being in the name of the Cupertino Water Department. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 4. Moved by Councilman Jewett that the City commence weed abate- ment proceedings on property adjoining Pacifica Drive. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 5. Paul Finch, Chairman of the Recreation Education Committee distributed the proposed recreation schedule for the period July 5 to August 19, 1961, Monday through Friday, 4:00 PM to 8:00 PM. In response to a question, Councilman Benetti stated that the salary figures comprising the $2,000.00 requested have been calculated at a maximum, i,e., that they are not to exceed the $2,000.00 figure. He suggested approval even though the figure is not exact. -5- ")36 a Councilman Pelosi said that the Committee should submit an itemized list outlining the expenditure of the $2,000.00 which has been requested. Mr. Finch stated that the wage rate will Þe $1.95 and $2.54 hourly. ""'" ~ ~ ~ ~ Councilman Pelosi also inquired about the high school district's phase of City recreation. Councilman Benetti answered that the High School District has gone on record as saying that the school district will handle the recreation program on high school racilities by itselr, without the necessåby or City participation. Moved by Councilman Pelosi that the City authorize the expenditure of $2,000.00 with the expenditures to clear through the City administration for approval by the Council, the'City Manager to screen and approve the future recreation employees. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Prior to the motion, the City Attorney advised that the City should exercise a degree of care in using recreation leaders since they would become City employees and the City would there- for be liable as in the case or regular City employees. 6. At the request of Cotmcilrnan Benetti, Councilman Saich moved that the City Manager be authorized to arrange a luncheon meeting for 6 members of the Examiner Baseball School, plus the City Recreation Commission, on JUly 3, 1961, at a local restaurant, subsequent to a Þaseball clinic at Collins School between the hours of 9:00 AI1 and 12:00 Noon. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 VI Meeting adjourned at 10:55 P.M" to an adjourned regular meeting June 13, 1961, 7:30 P.M. APPROVED: /s/ NICK J. LAZANEO Mayor, City of Cupertino ,ATTEST: r / f' /-- J\I->..-t.:""f'" (, '" 'J l~, t,--t . :tawrenoe K. Martin, City ClerIc -6-