CC 06-??-61
p. O. BOX 597
AL 2--4505 347
CITY OF CUPERTINO
Cupertino, Calirornia
ADJOURNED REGULAR MEETING OF THE CUPERTINO CITY COUNCIL
ROLL CALL:
Present: Councilman: Jewett, Pelosi, Saich, Lazaneo
Absent: Councilman: Benetti
Others Present: City Manager Storm, City Attorney Anderson,
City Engineer Fleming.
(City Clerk attending the Planning Commission
meeting)
Mayor Lazaneo stated that inasmuch as this was a regular meet-
ing or the Planning Commission, that the City Council would
conduct their meeting in the City Manager's of rice ,
I. BONAR & FISHER:
Mayor Lazaneo stated that the rirst item or business would
be the use permit for Bonar and Fisher on commercial property
located at the corner of Mountain View and Grant Road. The
Mayor stated that the use permit had been approved by a vote
of 6-0 by the Planning Commission and that it had been referred
to the Council for action. The City Attorney had submitted a
report to the Council on the Council's authority to vote on à
use permit that had been approved by the Planning Commission.
The City Attorney briefed the Council on his report, stating
that our ordinances and also the Government Code authorizes
the Planning Commission to approve use permits without further
action by the City Council.
Councilman Pelosi stated that the Council, sometime in the past,
discussed this matter and it was his opinion that an ordinance
had been prepared requiring that the City Council act on all
use permits particularly those that had been granted for Ser-
vice stations.
Councilman Jewett moved that the use permit be granted as
recommended by the Planning CommisSion.
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Saich, Lazaneo
Pelosi
Be.netti
Councilmen Pelosi and Jewett requested that a review be made
of use permit procedure and that the minutes of previous council
meetings be checked for any action that was taken by the Council
relative to use permits,
II ORDINANCE NO. 178:
This Ordinance was read and passed the first hearing.
III RAVIZZA - H-CQNTROL:
Brief comments were made on the proposed construction that
Mr. Ravizza was planning for his property. He stated that he
was going to build an open warehouse and storage sheds. Coun-
cilman Saich moved that H-Control .be· granted as .outlined by the
H-Control Committee, seconded by Councilman Jewett,
AYES:
NOES:
ABSENT:
IV LUCKY STORES:
Councilman:
Counoilman:
Councilman:
Jewett, pelosi, Saich, Lazaneo
None
Benetti
Councilman Saich, being an interested party, excused himself
from the discussion,
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Mr, Biagi. representing Lucky Stores was present to answer any ¡~
questions that the Council might care to ask,
The MaYOr stated that at a previous Council meeting, the road
pattern was discussed and it was the Council's opinion, at that
time. this should have been reviewed by the City Engineer and
the property owner and developer were to arrange the streets to
conform to the neighborhood plan. The new map of the property
was submitted showing road locations that had been agreed upon
by the property owner. developer and the City Engineer, The
street coming off of Highway 9. adjacent to the service sta-
tion. designat~d as Saich Way, would intersect Alves Drive or
(Park Avenue), Beardon would intersect the aforementioned
nam~d street on the north and continue northerly. Saich Way
and;Beardon would not directly connect.
Councilman Jewett asked why this street pattern did not conform
to the layout that was required by the Bilich property on Portal?
City Engineer stated that the Bilich property would not be car-
rying commercial traffic and the common intersection of the
cross-street is more desirable in a residential area than in
a commercial development. The developer's representative was
asked if the commercial properties adjacent would have common
entrance exchanges. The developer stated that they would.
Councilman Jewett asked if Beardon Street was an existing name,
City Engineer: Yes.
The matter of the improvement of the proposed Alves or (Park
Avenue) was discussed, Mr, Biagi stated that Alves Drive or
(Park Avenue) would be constructed to its full 60' width
beginning at the Lucky Store property corner and extending to
Highway 9, Councilman Pelosi moved approval of the Lucky
Stores street layout as submitted and recommended by the City
Engineer and that the duel street name that now exists. Alves
Drive or (Park Avenue) be given the official name of Alves
Drive.
Mr, Bonar, representing Herbert Ketell, who will develop the
easterly portion of the property, stated that his client would
accept the Alves Drive name,
Louis Segal, Idlewild Greens, reiterated a previous statement
that the traffic pattern was not good. Councilman Jewett called
the Chair's attention to the fact that a second had not been
given to Councilman Pelosi's motion. The motion was then se-
conded by Councilman Jewett, No further discussion,
AYES:
NOES:
ABSENT:
ABSTAINING:
Councilman:
Councilman:
Councilman:
Councilman:
Jewett, PeloSi, Lazaneo
None
Benetti
Saich
GEMCO SERVICE STATION:
Mayor Lazaneo stated that the matter of the service station
was now before the Council to act on the recommendation sub-
mitted by the Planning Commission. The Planning Commission
voted 5-2. approving the use permit.
Councilman Jewett moved, seconded by Councilman Pelosi. Council-
man Pelosi stated that he was seconding the use permit, but he
wanted a check made of the records to ascertain if the Council
prepared an ordinance setting forth the City Council's action
regarding use permits.
AYES:
NOES:
ABSENT:
ABSTAINING:
Councilman:
Councilman:
Councilman:
Councilman:
Jewett, Pelosi, Lazaneo
None
Benetti
Saich
Mayor Lazaneo requested that the Lucky Stores representative,
Biagi, send copies of the plan that had been approved by the
City Council for the street layout, the plan, a revision, had
a date of June 15, 1961,
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V ORDINANCE NO. 163
Mayor Lazaneo stated that this had been placed on the agenda
for a review of the curved driveways in relation to the 50%
of lots in any oné tract,
It was moved by Councilman Jewett that Ordinance 163, sub-
section "f", be amended as follows:
"That no more than two lots, side by side, be permitted to
have curved driveways, and that the number of lots permitted
to have curved driveways would not exceed 50% of the lots in
,any tract", .
Councilman Pelosi said that in granting a variance to Page
Properties, that the Council had considered and approved a
15 ft, rear yard setback for a bedroom or a single room,
provided that the rear lot would bs increased, giviDg greater
outdoor living area. This is a good idea and ~ think that we
should also incorporate it in an amendment to this section,
Mayor Lazaneo asked Mr. Ward Crump, a developer', his opinion
on the Council's thinking on these two items, Mr. Crump
stated that they were definitely forward steps and he wished
that he was starting his subdivision now so that he could take
advantage of them. There was considerable discussion on the
method in which,;e amendments should be prepared, Several
different suggestions were made and it was directed that the
City Attorney and the City Manager work out the wording,
VI STORM DRAINAGE COSTS:
The City ~ stated th3t he had revised the storm drainage
cost to conform with the total costs for the future storm
drainage program for the City. The City Manager recommended that
a resolution be prepared and forwarded to the Council prior
to the next meeting so that they can review it, making any
modifications and have it ready for adoption, The City is
getting several large developments and we are going to lose
a considerable amount on storm urainage fees by not having
the new fee schedule adopted.
Councilman Pelosi .moved that a resolution be preparètl for
storm drain fee~, seconded by Jewett,
AYES:
NOES:
ABSENT:
VII MISCELLANEOUS
Councilman:
Councilman:
Councilman:
Jewett,
None
Benetti
Pelosi, Saich, Lazaneo
,
Louis Segal discussed with the Council the committee for
Recreation Education, giving a brief outline of what had been
done to date, Councilman Pelosi asked if this committee was
working apart from' the regular appointed Rècreation Commission,
or were they preparing statistical information to give to the
Commission; which in turn, would Qe presented to the Gouncil,
and by whom was this committee formed?
Mr. Segal was not prepared to answer theße questions, said
that it would have to be referred to their President, John
Gates,
The City Manager stated that this Committee was appointed to
work with the Recreation Commission. The matter of the Com-
mittee being formed, was done by the Cupertino Chamber of
Commerce to assist the Recreation Commission. Councilman
J,ewett stated that he had attended all of the Chamber meetings
and had not heard it discussed. He aßked Ward Crump, who is
a ~ember of the Chamber of Commerce, if he was aware of it,
Mr. Crump stated that he was, but that t~e committee's func-
tion was to get information that could be used by the Recrea-
tion Commission ¡¡nd the Council to promote a recreation program
for the City.
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The City Manager showed the Council a layout of Mary Avenue in
connection with Highschool #4 on the Nathanson property. The
map had been prepared by the City Engineers office and Mr.
Fleming stated that the proposed outline as shown for Mary
Avenue on the map was in accordance with the neighborhood
plan and what the City Council and the School Board had dis-
cussed at their recent Joint meeting.
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It was moved by Councilman Jewett and seconded by Councilman
Pelosi that the map be forwarded to the Fremont Highschool
Board.
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Pelosi, Saich, Lazaneo
None
Benetti
The City Manager called to the Council's attention the agree-
ment between the developers of Walnut Grove subdivision 2nd
the City regardinG the construction of Regnart Creek to take
care of drainage in the subdivision, At a previous meeting
of the City Council, the City Attorney was instructed to forward
the Council the information regarding the agreement, The City
Attorney had forwarded this information and the Council had re-
quested that the property owners adjacent to the Walnut G~ove
tract be contacted to see if they would be willing to donate
property for the Regnart Creek Channel. This had been done and
the property owners are not willing to donate the property nor
do they feel that the price that has been paid for land to other
land owners, is enough for their property. It was recommended
that this matter be turned over to the City Attorney to pro-
ceed with eminent domain.
It was moved by Councilman Jewett and seconded by Councilman
Saich that the City Attorney proceed to acquire the property
for the Regnart Channel,
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Saich, Pelosi, Lazaneo
None
Benetti
The City Manager reviewed with the Council the installation of
the 16" line into the Cook and t'/ïlson property, The contractor
had started to install the line in the Creek and was stopped by
a property owner, a Mr, Pollard, who lives in Creston. Council-
man Saich disapproved of the City Manager's handling of the lo-
cation for the installation of the pipe. That it was going to
cost the City money to have this cleared through the Court.
The City Manager reviewed reports that had been submitted to
the Council regarding this matter and that it appeared quite
evident that the City had the right to install this pipe line
in the creek bottom, This was not interfering in any way with
property owners,
Councilman Pelosi asked that the City Engineer give his opinion
on the pipe line and the use of the property. The City Engineer
stated that the creek bed was the proper location for the pipe,
but that he did feel that there was underlying property rights
in the creek and that the property owners should have been
consulted, Councilman Saich asked the City Manager if he
had consulted the property owners. City Manager: No,
It was pointed out to the Council that it was necessary to
get this pipe line in immediately, The City Attorney, Mr.
Anderson, reviewed with the Council similar situations that had occU:V
in the Sanitary District on the installation of sewer lines
when they thought they had a proper right to install. Pointed
out a situation in Santa Clara where the water department went
through a piece of property without permiSSion with no serious
consequences,
Councilman Jewett said that there, no doubt, had been an error
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351
made, but the pipe line had to go in,
Moved by Councilman Jewett that the C~ty Attorney be instructed
to proceed with eminent domain. Councilman Pelosi said that "I
am going to second the motion, but I want it stated that this
matter has been flubbed,"
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Saieh, Pelosi, Lazaneo
None
Benetti
City Attorney then read Resolution 464 authorizing the proceeding
for eminent domain of the foregoing property,
Councilman Saich moved that the resolution be adopted, seconded
by Councilman Pelosi.
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Saich, Pelosi, Lazaneo
None
Benetti
City Attorney requested that authorization
a warrant for the costs of eminent domain.
Jewett seconded by Councilman Pelosi.
be given to prep2re
Moved by Councilman
AYES:
NOES:
ABSENT:
Councilman:
Councilman:
Councilman:
Jewett, Pelosi, Saich, Lazaneo
None
Benetti
Moved by Councilman Saich, seconded by Councilman Jewett that
the meeting be adjourned.
MEETING ADJOURNED: 10:10 P.M,
/S/
Nick J, Lazaneo
Mayor
ATTEST: (¡
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