CC 07-03-61
352
P. O. BOX 597
AL 2-4505
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C I T Y 0 Feu PER TIN 0
CUPERTINO. CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY ÇOUNCIL -JULY 3, 1961.
Place:
Time:
10321 So, Saratoga-Sunnyvale Road
8:00 P,M.
I SALUTE TO THE FLAG
II ROLL CALL: Councilmen Present: Benetti. Jewett, Pelosi, Saich
and Lazaneo
None
City Manager, City Attorney,
City Engineer and City Clerk
III MINUTES OF THE PREVIOUS MEETINGS: June 19 and 26. 1961,
Councilmen Absent:
Staff Present:
Moved by Councilman Saich. seconded by Councilman Jewett, that
the minutes of June 19 and 26. be approved with the following
corrections:
AYES:
Councilmen:
Benetti, Jewett, Pelosi, Salch and
Lazaneo
None
None
5-0
NAYS: COuncilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Minutes of June 26, 1961:
Page I, i tern I: Add "seconded
Page 2, item IV: Change vote
abstaining to absent on both Lucky
Station.
Page 5. f'irst paragraph:
by Councilman Saich,"
of Councilman Saich from
Stores and Gemco Service
Add "Councilman Saich agreed,"
IV ORDINANCES AND RESOLUTIONS FOR ADOPTION:
A, Ordinance 180: Rezoning property of R. Cali from A-2:B-4
to R-l; 17 acres west side of Bubb Road. diagonally opposite
Columbus,
First reading given,
B, Ordinance 181: Rezoning property of Bubb Ranch Association
from A-2:B-4 to C-I-H; 6 acres southeast corner Bubb and
McClellan,
First reading given,
Councilman Benetti referred to Exhibit "A" of Ordinance 181,
being the map of the subject property and requested that the maps
be changed to eliminate the broken line indicating the present
City Limits line of the City of Cupertino, or change the legend
accordingly. The maps are not Correct in that they are maps used
for annexation purposes and re-used for rezoning application,
The Mayor instructed the administration to correct the maps
for the second reading of the ordinance.
C. Ordinance 178: Rezoning property of Ivan Bilich from
R-l:B-2 to R-3-H; lots 43 and 44, (excepting 125 feet thereof),
north Stevens Creek Blvd., west of Wheaton Drive. between Blaney
& Portal. Second Reading,
Councilmen Saich moved that full reading of Ordinance 178
be waived by unanimous consent, Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: CO\U1cilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
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Ord:inaM4 No. 178 read. b! title only.
Moved by Councilman Jewett that Ordinance 178 be enacted,
amending Section 1 or Ordinance No, 2 by reclassirying a certain
portion of the City of Cupertino from an R-l:B-2 District to an
R-3-H District. Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Pelosi. Saich and Laz~Teo
Benetti
None
4-1
Councilman Benetti said that he is already on record as
opposed to the ordinance. He repeated that he is opposed to the
ordinance for reasons previously stated. (See minutes of June 5,
1961. )
D. Resolution 466: Establishing Storm Drain Fees.
Resolution No. 466 was read by the City Clerk.
The City Engineer was asked to review the new storm drain
fee sChedule with particular reference to comparable charges of
other cities and the previous (presently eXisting) charges of the
City of Cupertino.
The new storm drain schedule requires the following fees:
R-l:
R-2:
$150.00 per lot,
$200.00 per lot, plus $15,00 for each additional unit
over two.
$1,100.00 per acre.
$1,100.00 per acre.
C-l:
M-l:
The City Engineer reviewed the fact that the run-off factor is
increased in multiple housing and especially in commercial and
industrial developments. The increased percentage of pavement
creates additional run-off to the storm drain lines. He pointed,
out that the report recognized that some industrial establishments
employ considerable landscaped areas which would absorb storm waters
rather than send them to the drainage lines as would happen in
the paved areas. In this case, firms can apply to the City for an
adjustment of their storm drain payments.
The Mayor stated that it has been agreed that the commercial
and industrial fees are too low.
Councilman Benetti aslced about the charges in the event that
the developer does not cut up the property into small lots, but
simply places his apartments in accordance with the maximum
allowed by ordinance, namely 20 to the acre.
The City Engineer answered that the computations have been
figured on the basis of lot yield, that is, on an average of so
many units, whether R-l or R-3 per acre and that deviation from
the norm would result in a comparable deviation in the charges.
Page 13 provides an additional charge of $15.00 per each additional
unit over two, the addition being added to the flat $200.00 per
lot for R-2.
Councilman Pelosi questioned the statement that 45% of the
City acreage makes no storm drain contribution. The City Engineer
mentioned roads, parks, and other public uses and stated that this
public property amounts to 45% and would contribute nothing to th~
City storm drain fund, The figure of 45% is an average resulting
from surveys of numerous cities and does not apply exactly to any
particular city, but is considered a good figure to use for survey
purposes.
Councilman Saich asked whèther the City will charge $1,100.00
an acre if an industry has considerable landscaping.
The I city i Ertgl:heet<! Ì'~pliecL th$t tfuè:l;ndttstÞy or owner can ask
relief if he feels thàt the féë, ot $l;lbo i6 exoessive in V!êW ðr
the landscaþéd,area on a particular property.
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On the E>ubject of the elosing paragraph in the report, page 13, --,
City Manager advised that it might be well to delete it. ~
the
Moved by Councilman Jewett that the last paragraph of the
report, starting "I would like to call to the attention of the
Counoil ...Ii, be deleted. Seconded by Cöuncilman Pelosi.
AYES: Councilmen:
NAYS: CounCilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Councilmen Jewett said that a developer can still ask for
relief, but the inclusion of the paragraph just omitted could pro-
vide a loophole and cause oontinual unfounded requests. The Mayor
agreed that the intention of the resolution and report is to set
rates.
Moved by Councilman Jewett that Resolution 466 be adopted,
inserting June 26, 1961, as the date of the storm drainage general
plan. Seconded by Councilman Benetti,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
V PAYING BILLS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
A. Resolutions 462 and 465.
Moved by Councilman Saich that Resolution 462 be adopted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Saich and Lazaneo.
None
Pelosi (Taking phone call)
4-0
Moved by Councilman Saich that Resolution 465 be adopted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
VI PROTESTS AND WRITTEN COMMUNICATIONS:
(1) Inter-City Council: Notice of next regular meeting, hosted
by the City of Gilroy, on Thursday, July 6, 1961, at Corsiglia's
Restaurant.
(2)
of a
City
County Hospital Commission: Letter
hospital liaison committee composed
Council - to meet with the Hospital
proposing establishment
of three members of the
Commission annually.
The Mayor said that he would like to attend and receive
notification of the proper time and place. Councilmen Benetti and
Jewett also volunteered, Councilman Pelosi requested that all
Councilmen be notified of the time and place of such meeting{s).
(3) Marie Thomas & Co,: Request for further extension of perform-
ance bond covering the new office building adjacent to 20065
Stevens Creek Boulevard, for five months to January 19, 1962.
Moved by Councilman Jewett that the City grant an extension
to January 19, 1962, for the completion of improvements by said
owner. Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
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(4) H Control Committee: Minutes of regular m~et1ng of
June 21, 1961,
(5) Fred Logan, Mayor, Sunnyvale: Letter acknowledging best
wishes of Cupertino City Council. (Referring to recent illness.)
(6) Toro Development Co.: Letter seeking permission to build
Tract 2860, north of Idlewild Greens, entirely as a single family
residential community rather than single family in part and
multiple family in part,
The Mayor asked the City Attorney fOr a legal interpretation.
Mr, Anderson responded that the City could prepare an emergency
ordinance rezoning the multiple lots to R-I, or simply recognize
the "pyramid" form of zoning provided by the County and adopted
by the City, thus permitting the owner to use R-3 district for
single dwelling uses.
The Mayor stated there is little doubt that the Council is
opposed to the pyramid type of zoning, Therefore, he advised the
City enact an emergency ordinance granting the request of Toro
Development Co,
Councilman Jewett said that if the builder wants to construct
R-l instead of multiples, the City should make it possible because
it is in the general interest.
Councilman Pelosi observed that while the City Council has
consistently opposed the cumulative Or pyramid theory, the zoning
regulations in effect make it legal for an owner to build R-I in
an R-3 zone.
The City Attorney referred to Ordinance 160 and mentioned the
possibility that the wording and intent of the existing apartment
district ordinance might be construed to prohibit single family
dwellings in an R-3 zone.
Moved by Councilman Jewett that the City Attorney be instructed
to prepare an emergency ordinance rezoning the R-3 portion of
Tract 2860 to R-I, as described in Ordinance 156. Seconded by
Councilmen Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
,
Councilman Benetti stated that he is glad to see this request
and would like the minutes to show that "since the applicant has
asked the City to make a change from R-3 to R-l, it disproves the
argument that freeway frontage cannot be used for R-l",
(7) Ketell Construction Company: Letter re name of our main
street in Stevens Creek Shopping Center, Ketell seeks to use the
name Park Avenue rather than Alves Drive on the basis that Alves
Drive does not appeal to many people as a name that would pull
people into the shopping center and apartment development.
Councilman Jewett asked the status of the street naming pro-
gram, The City Manager stated that he has contacted R. I. Meyer-
holz to present a list of long-time residents.
Councilman Pelosi said that Alves Drive goes nowhere and
neither does Park Avenue, He added that the Council could make a
provision for another section of Alves Drive, perhaps on the west
side of Stelling, if it wishes to perpetuate the name,
Moved bY Councilman Pelosi that Park Avenue be approved as
the street name as requested by Ketell Construction Company, in-
cluding the street presently named Alves Drive, Seconded by
Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
ABSTAINED: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi and Lazaneo
None
None
Sai ch
4-0
356
Councilman Jewett asked how many homes are now on Alves
Drive, The answer is 15, He said he would like to see the Post
Office contacted with regard to their preference concerning street
names, addresses, routes, etc.
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Councilman Benetti proposed that the street naming program
be turned over to the Chamber of Commerce as a proper function of
that organization, The Mayor agreed and instructed the City
Manager to contact the Chamber of Commerce along that vein,
(8) Standard Oil Company of California: Letter relative to
checl~ing and inspection fees, Standard Oil has paid checking and
inspection deposit defioiencies under protest and a two page letter
on the subject was read to the City Council.
The City Engineer said that many companies choose to argue
and discuss the City regulations and this has been the case with
Standard Oil. He rebutted statements made in the letter, contending
that Standard Oil's letters were answered and they did not pay for
any of the work done by the State, and furthermore, that the fees
are standard, not excessive.
Councilman Jewett said that the matter is one for the City
Engineer to solve rather than the City Council.
Councilman Benetti noted that Standard Oil has addressed the
letter to the City Council and that the Council should concern
itself with the case.
Councilman Pelosi suggested that the company contact the City
Manager on the subject and, if they are still dissatisfied after
that, they can approach the City Council, So ordered.
VII REPORT OF OFFICERS AND COMMISSIONERS:
A. Report of City Treasurer:
(1) Councilman Jewett reported the interest on the $60,000 deposit
Bank of America, Stevens Creek and Lawrence Station Branoh, in the
sum of $899.16.
(2) He also referred to the monthly revenue statement; the last
allotment of the Motor Vehicle fund together with the statement by
the State Controller of the Motor Vehicle in lieu apportionments
for the fiscal year just ended,
B, Report of City Engineer:
(1) Sketches and descriptions of the proposed water easements
along Stevens Creek have been tranSmitted to the City Attorney as
per instructions.
(2) The cost estimate for the widening of Highway 9 will be sub-
mitted to the City Council on July 17, 1961,
(3) The final copy of a storm drain study has been transmitted,
(See Item IV D above.)
Relative to the wording in item No.2, Councilman Benetti
asked for the olarification of Ja cost estimate of a somewhat
complicated nature for the widening of Highway 9'/. The City
Engineer answered that he is concerned about issuing figures to
the City Council whioh may prove to be unrepresentative in the
light of ohanging requirements.
The City Manager stated that the Council must have figures
on which to base a decision.
C. Report of City Attorney:
(1) The City Attorney reported that he has filed the eminent
domain proceeding for the Stevens Creek water line, and that there
are eight defendants for the three properties.
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357
(2) The Regnart Creek eminent domain proceeding. just east of
Highway 9. north of Bollinger. has begun. but the suit has not
yet been filed. He reported that he has been told to withhold
action until fUrther notice,
D, Report of the Planning Commission:
See minutes of June 26, 1961
E, Report of City Manager:
(1) Mr, Storm reported that Jess Black, Division of Highways,
has asked about the City's reaction to the California Highway
COmmission resolution and letter of transmittal providing for an
interchange at Wolfe Road, contingent upon the diamond interchange
a t Highway 9.
Councilman Saich stated that both the City Manager and City
Engineer were in San Francisco and discussed the freeway program
at length with reference to a cloverleaf at Highway 9, He asked
the City Manager for further clarification of the State's position,
The City Manager replied that it is his conclUsion that the
interchange at Highway 9 will be a dimmocd structure if the
Highway Division includes the interchange at Wolfe Road.
The Mayor said that the City CounCil has always favored a
cloverleaf exchange at the juncture of Highway 9 and Junipero
Serra Freeway. He advised that the proper City officials approach
the Highway Commission in Sacramento, if necessary. due to its
importance in the fUture of the City,
The City Manager reminded that the Council still stands on
its re~olution supporting a cloverleaf on Highway 9. The Mayor
advised the City Manager to pursue the matter on that basis,
Councilman Pelosi asked if the Highway 9 structure is actually
dependent on the Wolfe Road interchange, whether the Wolfe Road
interchange will be eliminated if a cloverleaf is built at High-
way 9.
The City Manager answered that this evidently is the case.
Theone is contingent on the other,
Councilman Benetti asked if the City could not get a grade
separation, an underpass or overpass, if the cloverleaf is built
a t Highway 9.
The City Engineer pointed out that the resolution adopted by
the California Highway Commission made no mention of the inter-
change at Highway 9, but resolved that the State consent to a
public road connection at Wolfe Road extension. The letter of
transmittal however. from the district manager, maintains that the
Bureau approve the requested connection contingent upon the con-
struction of a diamond type interchange at Saratoga-Sunnyvale
Road.
The Mayor favored a personal representation in both San
Francisco and Sacramento and advised the City Manager and City
Engineer to seek a hearing, not only with the Engineering De-
partment in San Francisco, but also with the Highway Commission
in Sacramento, Councilman Saich suggested, on the basis that
these inter-state road networks are financed largely by the
Federal Government, that the City send a letter to the Congress-
man from this District, Charles S. Gubser, for representation in
Washington, D. C,
The Mayor introduced a Mr. Stern, a local resident connected
with the Division of Highways. Mr, Stern said that policy is not
his function, but that he would be very happy to help the City with
any procedural matters and aid the City in any way that he could.
Councilman Pelosi maintained that the cloverleaf construction
at Highway 9 is very important to the welfare of the City.
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358
Councilman Pelosi moved that steps be taken in connection
with the freeway structures as indicated immediatelY above. namely
that the City secure an audience in both San Francisco and
Sacramento, Seconded by Counc:l.lman:~,Saich.
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett. Pelosi. Saich and Lazaneo
None
None
5-0
(2) The City Manager reported that he recommends $150.00 as the
new monthly garbage rate for Mayfair Market.
Moved by Councilman Jewett that the recommendation of the City
Manager as to the garbage rate for Mayfair Marlcet be approved.
Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett, Pelosi, Saieh and Lazaneo
None
None
5-0
(3) On June 14. 1961. there was a meeting between Don Currlin and
Sam Kocso and the City regarding the storm sewer on McClellan Road.
in an attempt to work out an agreement with San Jose for the con-
struction of Regnart Creelc Channel in this area. The meeting is
outlined in the City Manager's report of June 23. 1961. and he
referred the Council to that report,
(4) The City Manager reported that a nuclear bomb shelter will be
opened for demonstration purposes on July 16. 1961, at 11:00 A.M..
located in the basement of the City Engineer building at 20065
Stevens Creek Boulevard. The Mayor asked that the notices of this
event be distributed,
(5) The City Manager referred to a club house facility in the
vicinity of Mountain View-Stevens Creek Road which is presently
pending as an annexation and subsequent rezoning. The applicant
is asking about the status of his application.
The MaY9r stated that he would prefer to decide against the
annexation if it involved additional demand on uncertain water
supplies. The Council agreed to consider the annexation in a
study session. The Council further agreed to return the money
acoompanying the applicant's rezoning application with a letter
of eXplanation relative to the annexation,
(6) The City Manager said he would make a report on Ward Crump's
letter relative to storm drainage on Blaney Avenue.
Councilman Benetti stated that the City of Cupertino was
honored on July 3. by the presence of five baseball greats. The
Examiner Baseball School was very attentively received by 125
children. He said that a letter is in order thanking all of the
principals, and newspaper. choosing Cupertino as one of the 22
cities on their schedule. The City Manager was requested to send
such a letter,
The Mayor said that he is very gratified by the results of the
program.
VIII UNFINISHED BUSINESS:
A. County Water Commission:
Councilman Pelosi said the Commission was scheduled to meet
July 5. 1961.
The importation program is not very promising at this point
with the Pacheco Pass system presently contemplated as a 1968 or
1969 project, He said the Hatch Hetchy water supply should be
studied. and that Cupertino must care for itself in securing the
necessary water supplies for its citizens, present and future.
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The Mayor quer1ed as to whether representat10n on the Water
Commission is of any actual help in view of the fact that
Cupertino was apparently omitted from the provisions of the South
Bay Aqueduct. Councilman Pelosi answered that representation on
the Ço~ssion does enable the City to watch the developments and
keep abreast of the current situation. He said that a complete
report was recently made by Robert Kirkwood, now in charge of the
Public Utilities Commission in San Francisco, including the service
area of Hetch Hetchy. Cupertino is not included in this service
area, nor is the City of San Jose. Apparently the pipe lines
could not be extended to include the City of Cupertino. Immediate
sources of water appear to be confined to the sinking of a new well
or connection with the Hetch Hetchy water lines. Cross valley net-
work is another possibility, but present indications mark 1970 as
the approximate date for such a project,
Councilman Benetti maintained that the City had better follow
the water program closely and protest the omission of Cupertino from
any possible SOUrG'e,
The Mayor advised the City Manager to notify all Councilmen of
·Water Commission developments and any and all meetings not otherwise
covered by the City.
During the study session, prior to the offioial meeting, the
Mayor called for a meeting between the Water COmmission and the
City Council. July 26, 1961, was scheduled as the time for a meet-
ing between the Water Commission and the City Council on the subject
of water supply and other matters.
B. Miscellaneous:
(l) The Mayor asked the status of the signalization at
Blaney and Miller. The City Manager answered that it will be
necessary to present cost estimates through the submission of open
bids.
(2) Ordinance 163-A was introduced and read; an ordinance
providing certain land uses for single family residential construc-
tion which may be in conflict with the pending zoning ordinance
and declaring the urgency thereof, Moved by Councilman Jewett
that Ordinance l63-A be enacted. Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
IX NEW BUSINESS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
A. Miscellaneous:
Moved by Councilman Benetti that July 4th be declared a
holiday for City employees. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
X ORAL COMMUNICATIONS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
1. John Englebright stated that more weight should be given to
people who express oral opinions at the City Cou~cil meetings.
He elaborated along this vein and referred specifically to the
Ivan Bilich rezoning.
The Mayor said that the public heàrings have been held on
the Bilich property prior to this evening, and he recognized the
fact that other opinions may differ from those of the City Council,
but this does not mean that the City Council is in the wrong. He
added that the Council m~{esjudgment on individual issues and each
member casts his vo,t.e to the be'st of his ability,
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360
2. Louis D. Segal said that traffic lights have been requested
at the intersection of ßtevens Creek Road and Portal by groups
associated with the neighboring schools. He called this to the
attention of the City Council.
He also said that a recent bill voted into law by the Federal
Congress makes available to cities a total or $500,000,000 as a
loan fund and $50,000,000 to comprise outright grants to local
communities. He suggested that the City or Cupertino explore
these measures in order to secure federal aid for City of
Cupertino projects. He said further that the City should not
relinquish the cloverleaf exchange at Highway 9 in favor of an
interchange at Wolfe Road, which he characterized as a street that
would dead-end at Prospect Avenue.
3. John Englebright asked the City Council for a crosswalk at
Mayfair Marl<et, East Estates Drive and Stevens Creelc Boulevard,
4, Louis D. Segal referred to the fUture gas station at Portal
and Stevens Creek Boulevard and recalled the ract that the original
intention, which he supported, provided for a rustic station, but
that a modernistic station was going to develop, contrary to his
wishes, as a representative of Idlewild Greens.'
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XI ADJOURNMENT:
The meeting was adjourned at 10:40 PM, to a~ adjourned
regular meeting July 5, 1961, at 7:30 PM.
APPROVED:
/s/ Nick J. Lazaneo
Mayor, City of Cupertino
_\ ATTEST:
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