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CC 11-20-61 514 10321 50. SARATOGA-SUNNYVALE ROAD AL 2-1+505 ~ r-3 o - ~ C I T Y 0 F C IT PER T I NO CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF' THE CITY COUNCIL, November 20, 1961 PLACE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M, I SALUTE TO THE FLAG II ROLL CALL: Councilmen Present: Councilmen Absent: Staff Present: Benetti, Jewett, Saich, Lazaneo Pelosi City Manager, City Attorney, City Engineer, Dep, City Clerk III MINUTES OF THE PREVIOUS MEETINGS: October 16 and 31, 1961 and November 6 and 9, 1961 Approval of the above listed minutes was deferred to the next meeting in order that they may be reviewed by all Councilmen, IV PUBLIC HEARINGS: A, MACYiliY & SOMPS: Application 39-2-61 to rezone 260' x 168' from R-2-H and R-3-H to C-l-H; south side of Rodrigues Avenue, 310' west of Highway 9, Denied by Planning Comm1ssion Resolution 70, Appeal, Continued. Mayor Lazaneo said that the public hearing on the application had been closed, and asked if there was any further discussion desired on the application. Councilman Benetti said he felt C-l-H could not apply as it did not belong in the area, and that this was the feeling of the Council at the last few meetings, He expressed the opinion that this type of building and profession would be an asset to the City and he would look to leßal counsel to see if there is any way to pass this other than through C-I-H. He said this had been discussed, but for the record would lilce the City Attorney to repeat his feelings and advice to the Council on the matter. The City Attorney stated that the County ordinance does not provide for a use permit for professional use in R-2 and R-3, however some of the neighboring cities do allow this. Such use is limited to a pre-existing structure where a time limit can be put on the use. Also they have limited this to R-3 but not R-2. We have both R-2 and R-3 he said, If an urgency ordinance is passed creating this power, the applicant would go back to the Planning Comm1ssion and if denied, would appeal to this body. Professional uses in Cupertino are in C-l-H areas he said, The City found no need for professional zoning because of the large professional use on C-I-H property, In the present case the nature of the user is a professional office for an engineering firm, The applicant has stated that traffic would be reduced to a minimum, In order to protect the resjdential character of the area, the user would be limited by deed restrictions limitIng use. Legally, if C-I-H were granted subject to conditions of deed restrictions, it would be an effort to tie in professional use on a C-I-H parcel, C-l-H would cover this operation. The Mayor said that the public hearing should probably be re- opened. Councilman Benetti said the question is, are \'Ie gOing to allow C-I-H in the area? Will the applicant insist on a vote tonight? Professional zoning in Cupertino is something we are looking for and development is something \'Ie are looking for, he said, but C-l-H in this area does not seem to be good planning. . The City Attorney stated that an urgency ordinance can be framed and enacted to bring the County PO o~dinance into the City if the Council wants this, -1- ~1· F d ~ r~yor J~~dneo stated that tne PO ordinance the Planning Commission is working on is definitely a planned professional area, not designed for smaller areas. He said the Council should look into the matter of framing a PO ordinance for uses of this type. 'rhe City Attorney stated that the County ordinance could be enacted as an emergency ordinance to be in effect until such time as the PO-H ordinance is enacted. In answer to a question from the Mayor, the City Attorney said that if the applicant requests amend- ment of his application to PO-H, the Council could pass the ordinance and grant the zoning. This would take about 3 months he said. !~yor Lazaneo asked the time element if an emergency ordinance were adopted; the City Attorney advised that the County Ordinance NS 1200 has been through hearing and could be adopted as an urgency measure, Councilman Jewett asl~ed the Clerk to read the letter of intent submitted by MacKay & Somps, and asked if the CODmLttments were made part of the record, what oearing would it have on the q~est~on. The City Attorney advised that if recorded, it would be binding on MacI(ay & Somps, but does not grant any rights to the City. How- ever, if the zoning were granted 8ubject to the conditions stated in the. letter, and the property were used for anotì1er purpose, Or the owners failed to develop aa stated, the City would have a cause of action against them, Councilman Benetti stated there were some questions to be answered i.n order to malce a decislon. ¡~oved by Councilman Benetti that the public hearing be reopened. Seconded by Co'Uncilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: rouncilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi [!·-O Glen Atkinson, 20605 Rodrigues Avenue, asked the date of the letter' submitted by MacICay & Somps, (November 6, 1961), and asked if this was prior to the fi¡:-st hearing. If not, he asked if the letter is legally binding, The City Attorney said that t:Üs letter is an off8l' ;;'y t:1e applicant and is not desiGned to bind the Council, Mr. Atkinson stated that since the City is lacl~ing PO-H zoning to encourage this. type of development, it behooves the Council to pass an ordinance of this type so zoning would be made to fit, He said that to protect the rights of the people, the City should pass an emergency ordinance anQ get the zoning in the right spot. He said the way is clear for the Cou¡1c~1 to go ahead on tlÜs basis, Mrs, Atkinson stated she Hould question the acceptance of the letter because it was presented to the Council after the hearings were closed, and therefore, should not be made part of the records. The ~hyor asked Mr. Racanelli if the City Attorney was instr~~~cted to draw up an ordinance for a professional offJ.ce district, would the applicants have any objection to such ordinance being presented at the next meeting, John Racanelli, representing the applicants, said that if there were some assurance that the application would be treated with the same dignity as other applications, he would have no objection, He said the applicants are 110t asking for any special treatment, and went on to say the hearing is now open and that he Hould reaffirm the statements made in the letter of November 6, and requested the letter be made part of the minutes, Mr. Racanelli stated they would like some !cind of determination, The matter is now three months old, he said. TIle proposed deed restrictions will render the prop9rty unsalable, al1d the character of the business and those \'lOrlcing for the concern should be taken into consideration, -2- 516 He introduced a petition c¡rculated by Mr. $omps, stating that not everyone on the street was opposed to the application. He said the time ractor is very important, ~ 1-3 c:::: -.. I:ìC Mr. I':!acKayasked i:í" it Hould be possible to build with a use permit with the same restrictions that apply to a professional ofnce district. He said that all oíJìcss in Cuperiino are in C-l-H zones. The City Attorney stated that if the county PO ordinance is enacted as an urgency measure at the next meeti~g there would not be a delay. I~ said the applicants are men of good reputation, r1ayor Lazaneo concurred with the City Attorney, stating that there is no doubt that tlÜs a reputable firm, and that the City has no discrinùnating racts against the company or the people working there, The City Attorney stated that if an urgency PO ordinance is enacted and the MacKay & Somps rezoning ordinance introduced at the same meeting, it would talee 5 days for the enactment of the ordinance and 30 days for the ordlnance to become final. He said the PC ordinance would take effect immediately, but that the rezoning would not be final for 35 days after the December 4th meeting. George Somps stated they would like to build the professional office on normal setbacles lilee any other prOf'eG,sional ordinance, add aslced if theR- 3 ordinance coulct be amended to provide for a use permi t, The City Attorney reiterated it would be advisable to go ahead and enact the County PO ordlnance, He read excerpts from the County ordinance relating to the purpose, and said the Council will have to decic1e on such issues as lot useage, etc. At the request of C0U11cilman Benetti, the Mayor read the petition presented by the applicant aûd signed by 7 persons, representing 4 homeo,mers on Rodrigues Avenue. Nr, Somps again stated that they are limited as to time, and that they must vacate their present building by !<Jay I, a¡1d again asked if a use permit would expedite the matter, The City Attorney said that after the second reading of the rezoning ordinance, the applicant could ask for aù~tnistrative approval, and could be allol'led to begin construction, This has been done in the case of pilot houses for various subdivisions, Councilman Jewett asked the applicants if December 18 for the second reading of the rezoi1Ìng ordinance would be acceptable, and Nr. Somps stated it would depend on the ordinance, and that is why they were aslÜng for a use permi t. Nr. Atkinson stated the City should get the pl~per ordinance to fit the case. He said there is not 100% opinion of the people on the street; many would li1:e to see this remain duplex zoning. r1rs, l\tlcinson said the COUllty Ordinance ic a pretty big step to tal{e. Once the City gets the County Ordinance, it is stuclc with it, and the City Council may regret the action in the future, she sald. This should take a great deal of study, The petition presented represents only L . homeowners, and there are 15 homes on the street, about one-fourth of the homeo\mers, some of ,¡hom ¡1ave commercial zoning any,¡ay and would have no objection to it. She said that one question brought up in the past, and which has not been answered, is the matter of the street. Is there gOlng to be a LfO' dedication for a half-street? She also called attention to the fact that the Planning Comn1lcsion went over tlÜs carefully and came up Vll th a denial. She requested that the Council reject the plan. The Mayor said that these questions can only be answered by the applicant. Referring to the road going north and south, he asked the applicants if they are Hilling to bond for the improvements for the 40' half-street. -3- r,"'!! "1' a.... Mr. &crops said he did not think this should be a point of con- tention, The building would f~nt on Rodrigues, he said, and when the property to the rear develops, the road would be a pertinent factor. He said they are willing to bond for the road on the west. Nr. P.acanelli said that the Planning CommissiQ¡1 wanted to ¡mow if the applicant would Hait for PO-H and he said they would not because time is of the essence. The merits of PO-H were not dis- cussed as such. Cowùissioner Small stated that the Commission did ask MacKay & Somps to wait for PO-H and they said they could not, and asked that the Commission act on the C-l-H, which they did. Mr, Racanelli asked if the applicant could now amend the ordinance, discuss the conditions and pass upon the merits of the application this evening, and the applicant can leave knowing they can malce firm plans. He stated the applicants have a 5 months schedule, and the Council should be able to so determine this evening. f·loved by Councilman Saich that the hearinß be closed, Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi ',-0 Noved by Councilman Jewett that the City Attorney be instructed to draw up an emergency PO-H ordinance and that the application be continued to December 4, at l'ilÜch time the Council will hear the emergency ordinance. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi 4-0 Moved by Councilma,1 Jewett that the City AttOl"l1ey be instructed to draw up an ordinance rezoning the property to PO-H for MacKay & Somps, Seconded by Councilman Saich, The City Attorney clarified the matter by saying that the Council should pass on the PO-H ordinance. Then the COlli1ci1 reviews the Mac Kay C" Somps ordinance, He said that MacKay & Somps would request an amendment of their application. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARHIED: Benetti, Jewett, Saich, Lazaneo None Pelosi !,-O Cotmcilman Saich requested a study session to review the pro- visions of the PO-H ordinance with regard to side yards, etc. The Mayor scheduled an adjourned regular meeting for November 28, 1961, at 7:30 PM. B, HARD CRUBP: Application to rezone 22 acres from A-2:B-4 to R-l; west side of Bubb Rea d, north of Regnart, south of Vai. Recommended by Planning Commission Resolution 75, The Mayor stated that there were no protests 'co the subject applica'cion. Mr, Crump said that piece of property faces Bubb Read near the Regnart Creek Crossing, In answer to a question from Councilman Saich, he stated that the proposed construction will be similar to the homes uhich he built on Blaney, they will be 1962 models, f10ved òy Counci1mai1 Saicl1 that; the hearing be closed. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: M~TION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi ):-0 -.1.,- 518 Hoved by Councilman Benetti that the City Attorney be instructed to dravl a!ì ordinance rezoninc 22 acres in questìon from A-2: B_I-! to R-l, as per Planning Commission Resolution 75. Seconded by Council- man Jewett. !-* "'"3 ~ Þ- Œ:.1 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CAHHIED: »)ei1etti, Jewett, Saich, Lazaneo None Pelosi if-O C, REVISED SUBDIVISION ORDINANCE: Recommended aG per Planning Cou:miGsioi1 Resolution 74. The City Attorney stated that a lot of worle has gone into the subdivision ordinance, The Planning Commission, by Resolution 74, suggested the ordinance be adopted, The changes made are technical with the exception of 10 paragraphs which have been added, the chief pne beinG No, 10, All other changes were recommended by the engineer- ing force and are in order. One question was raised recommended certain changes. as stated in the ordinance. relative to land for public use, and The Planning Commission felt it 1s bett! The City Manager said that the subdivision ordinance has been revievled for the past year and it is in order for the Council's consideration to enact, if it sees fit. He said that in the past the City has not had any difficulty to far as schools are concerned. The problems have been \lorked out between the developers and the schools. Moved by Councilman Saich that the hearing be closed. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARHIED: Benetti, Jewett, Saich, Lazaneo Hone Pe 103i 1!-_O Moved by Councilman Saich that the amendments set forth in Planning Commission Resolutioi1 No. 7L~ be approved, Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: JJenetti, Jewett, Saich, Lazaneo None Pelosi L~-O The City Attonley recowùended the ordinance be deemed intro- duced in view of the length of the ordinance and the copies having been delivered to the Councll. ~~oved by Councilman Je1'lett that Ordinance ¡~7 (Revised)be deemed introduced, as per the recommendation of the City Attorney, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSEN'l': Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi Lf-O The City Manager asl:ecl aiJout the publication of the ordinance aslcin[!. if it should be published b;¡r ti tIe only, The City Attorney suggested the ordinance oe published in its entll'ety and that the Cit;¡' Get about 100 copies from the newspaper, v ORDINANCr:S AND RESOLU'l'IONS ~'OH ADOPTION: A. ORDINANCE 193: Hezoning property of Praille Shephard from R-l: B-2 to R-l; ancl approving tentative map; 10 acres between Vista and Blaney adjoining the south side of a projection of Merritt. (Pile I~O-Z-61) Second Reading, -5- 519 Moved by Councilman Jewett that full reading o? Ordinance 193 be waived by unanimous conßent, and. reading conrÜled to t HIe only. Seconded by Councilman Benetb_, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Dei¡etti, Jewett, Salch, Lazaneo None Pelosi 1~-0 O:rcli,lance 193 was read by title only, beinG an ordinance amendinß Section 1 of Ordinance No, 2 by reclassifying a certain portlon of the City of CUpertino from an R-l:ß-2 District to an R-l District. Moved by Councilman Je\'lett that Ordinance 193 be enacted. Seconded by Councilman Saicl1. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Denetti, Jewett, Saicl1, Lazaneo None Pelosi I~-O B, ORDINANCE 194: Rezoniiîg property of' Cupertino Propertles, Ltd, f'rom R-l to R-2-H; lots 16, 17, 18, 33, 34, 35 of Tract 2880. (file 38-2-61) Second ReadinG. Moved by Councilman Saich that full reading of Ordinance 194 be waived by unanimous consent, and reading confined to title only, Seconded by Councilman Jel'lett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Ber:e tti, Jewett, Saich, Lazaneo None Pelosi If-O Ordinance 194 was read by title only, beinG an ordinance amend- ing Section 1 of Ordinance No. 2 by reclassifyiiîg a certain portion of the City of' Cupertino from an R-l District to an R-2··H District, Moved by Councilman ,Salch that Ordinance 19L~ ,)e enacted. Secondeu by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARTIIED: Benetti, Je1'1ett, Saich, Lazaneo None Pelosi .J~-O C. }iESOLUTION 518: Aèètl10rlzing grant deed from City to Santa Clara County Flood Control and Water Conservation District. P~t over to the adjoUTIled regular meeting to be held on November 28. VI PAYING BILLS: A. Resolutions 516 and 517, Moved by Councilman Saich that resolutlon 516 be adopted. Seconded by Councilman BenettJ_. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Dei1etti, Jewett, Saich, Lazaneo Hone Pelosi h_O Moved by Councilma1 Benetti that ResolutJ_on 517 be adopted to include lIarrant No. 696 in the amount of :;1l,626.25, Seconded by Councilman Saich, AYES: Councilman: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi If-O -6- 520 \TIT ,,-,'y' "'~. .u'LU WRITTEN CONMUNICATIONS: ~ 1-3 ~ .... Œ: (1) American Legion Post 642: Appeal rrom Pla~ning Commission denial of use permit for American Legion Hall at 20860 McClellan Road. E. J. Small, Chairman of the Planning Commission, said he wished to correct the statement in the letter that adjacent property had been granted a use permlt for a churcl'!. He said ;,0 application has yet been seen by the Plaüning Commisslcn, Moved by Councilma~l Denetti that the appeal be set for public hearing on December 4, Soconded by Councilmai1 JeVlett. Aì~S: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lenettl, Jewett, Saich, Lazaneo ITone Pelosi If-O (2) E. \I, Schmidt: Appeal from Planning Commission denial of use permit for Standard Oil ServJ.ce Station at the COloner of Blaney and BOlUne;er, Moved by Councilman Sa;'.ch that the appeal be set for public hear- ing on December 4, Seconded by Councilman Jellett. AYES: Councilmen: NAYS: Councilmen: ABSENT: COuncilmen: MOTION CARRIED: Benettl, Jewett, Saich, Lazaneo None Pelosi lj_-O (3) Chamber of Commerce: Letter listing sugge,cted street names, Referred to City Manager. (4) Chamber of Commerce: Letter regarding Christmas Party, 7:00 P,M, December 13, in front of City Hall. Carl 1ucci requested the lights, etc., be ready for the party, Tuesday night, December 13, He was advlsed by the Council that the lighting would be taken care of, (5) Cudahy Improvement Association, Inc,: Letter requesting support of a law outlawing draw po~ær and low ball draw ]::o!:er in the State of Calìfornia, Mayor Lazaneo sald he \lould like to have the resolution run off and sent to the Council for the meeting of Novemoer 28th. (6) Donald K. Currlin: Ninutes of the Water Commission meeting, Mayor Lazaneo announced that Santa Clal"a County has signed a contract \lith the State tOday for the South Bay Aqueduct. (7) Department of Employment: Iìequest1ng Cìty \/iuve the usual solicitor's permit fees for school students sellinG coupons for Chrlstmas trees. The Council asked the City A'ctorney if it would be necessary to amend the ordinance to permit this to be done, The City Manager was instructed to report on this at the November 28th meeting, (8) Cupertino School District: Requesting City to relieve the sub- di videI' of any further responsibility regarding wallcway for Stevens Creelc School, and statinG the School District Nill maintain the wallc- way. The Mayor stated that in '-!urri:ing ¡nth the School District, there has been good relationship. If they say they are Going to maintain the wallcway, they will. The City Engineer said that the subdivider complete improvements. The School District has ment on a portion of the Hal!may be eliminated. is required to malce requested the improv- Ee asked how this -'( - ~'¡¡;þ-~ ~}i..í..... would affect future development, Ts th~ letter st\fficlent to protect the City? Both easements ì~ve been dedicated for public use. They still use the property, The school district says they will maintain it. Is that enough protection for the City from a liability stand- point. The City Attorney said the City should either stand on this or waive the conditions by fiunute order. Councilman Jewett said that the minutes would show that it would be improved in accordance 1'Jith the City Engineer's specifications. Councilman Benetti suggested the City Manager or City Attorney be instructed to review and report on this matter at the next meeting. Þîa.yor Lazaneo asked \'That purpose it would serve to have the area blacìc-topped. 'l'he City Engineer answered, saying it would taìce care of the maintenance problem, He said we have a letter saying they will maintain the property, and asked if this was protection enough for the Ci ty , Mayor Lazaneo stated that in all dealings Hith the school district, the City has found them to be more than cooperatlve in every way, The City Manager said he will report on the matter and make a recommendation to the Council. (9) Cupertino Sanitary Distrj.ct: Resolution accepting Resolution 511f of the City of Cupertino. Moved by Councilman Je\/ett that the correspondence be received and filed. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo None Pelosi Lt-O - - - - - - - - - - - - - - - - - - - - - - - - - - The r,jayor called a 5 minute recess, after which he left the meeting, and Vice Mayor reconvened the meeting at 10:00 P,M. - - - - - - - ------ - - - - - - - - - - - - - - - VIII REPORT OF OFFICERS AND COtfMISSIONERS: A, Report of City Treasurer: No further report, B, Report of City Engineer: (1) Regarding the Bethel Lutheran Church, Br, Fleming said that certain portions of the development have been waived, and the storm drainage fees have been waived temporarily, He sald that plans, etc. have been submitted and approved for the improvement of Sorenson Avenue fronting the church, and the developer has posed and filed all bonds and fees with the exceptlon of those waived, and the adoption of a resolutioil, No. 519, authorlZin[5 execution of the agreement by the Mayor and City Clerk is in order, Moved by Councilmai1 Je\'iett that Resolution 519 be adopted authorizing the executioi1 of an agreement by the !'ìayor and City Clerk, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Saich, Benetti None Pelosi, Lazaneo 3-0 -8- p'.... ';'j¡ ':.~ "\ ~I". \~....-: iJ),;,,¡,;.¡ ~ 1-3 (2) All improvements constructed in connection with the Rich- ~ field Oil Station at Higlî\¡ay 9 and Silvera.dc have been completed in _ accordance with the plans and specifications. All fees have been = paid and brought up to date. ~1oved connection accepted. by Councilman Saìch that the improvements constructed with the Richfield!. Station at Highway 9 and Silverado Seconded by Councilman Jewett, in be AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARHIED: Jewett, Saich, Benetti None Pelosi, Lazaneo 3-0 (3) All improvements in connection with the Standard Oil Station at the northeast corner of Homestead Road and Highway 9 have been completed in accordance with approved plans and specificat~ons, and all fees have been paid, Noved by Councilman Je\iett that the improvements constructed in connection with the Standard Oil Station at the northeast corner of Highway 9 and Homestead TIoad be accepted, Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: JeVlett, Sa:"ch, Benetti None Pelosi, Lazaneo 3-0 Mayor Lazaneo returned to the meeting at 10:05 P,M. Councilman Saich absented himself from the discussion of the following item, (4) Regarding Tract 3061, Ketell, the City Engineer stated that this matter has been before the Council on several occasions. He stated that at the time the Gemco map was approved, the improvements and vlidening on Stevens Creek Boulevard were l"equired. Park A venue and Saich Avenue would go in, in order to brinG in storm drainage and roads. Gemco then came back with a second agreement, he said, to improve Park Avenue and Saich, The agreement was executed to do all of the vlOrlt, including widening of the full frontac;e on Highway 9 as requested by the Council. Plan chec,cing fees and stor':1J drainage fees are in order, he sald, Councllman Benetti aslced if the developer has complied Wl th all necessary stipulations set fortl1 in our ordinance, The City Engineer answered in the affirma ti ve. He stated howeve: there is one problem, that of eliminating some 0:1 the bonds for the Gemco people, They bonded themselves for the roads and Ketell bonded for the same roads, If the map is a~proved torÜ::;ht, roads are bonded by two parties, The City Attorney aslæd about convenants on maintenance of private parles. This was to be handled through deed restrictions, and the applicant was to submit a copy of the restrict~ons. Donald Barr, representing the appli~ant, stated this was to have been talten care of, but evidently was not, 'l'he City Attorney sa:Ld the Planning Commission requested a provision be made to see that there would be no City responeibility for parIes, Mayor Lazaneo said that when the Counc5.1 went over the recommenda tion of the Planning Commission this was deleted, He said the City should not have anythinß to say here, since this is a private enter- prise, The City Engineer said that what is before the Council standard form of resolution a¡:pl'oving the final map of 'l'ract Stevens Creek Parle, and accepcD,nce of the improvements, is the 3061, The City Attorney sald the applicant was to prepare documents to protect the City --S!- -----~---_._--~----,---_._-- 523 Cow1cilman Benetti suggested that since the question of panes has beên raised, the CQl~1cil should wait to have the matter cleared up, The City Engineer recomme¡1ded the Councll appl'ove the map with the instruction that the map not be recorded untll the deed restric- tions are reviewed by the City Attorney and approved by him, Moved by Cow1cìlman Jewett that Resolution 520 be adopted, approvinG flnal map of Tract No, 3061, Stevens Creel~ Park, accepting certain avenues, circles, drives, ways and roads; authorizing the City Engineer and Ci ty Clerl~ to sign the final map, amI authorizing the agreement in connection therewith, Seconded by Councilman Lazaneo. AYES: Councilmen: Je~¡ett, Lazaneo and Benetti NAYS: Councilmen: None ABSENT: Councilmen: Pelosi, Saich MOTION CARRIED: 3-0 Moved by Councilman Jewett that the final map not be recorded until the City Attorney reviews and approves the deed restrictions. Seconded by Councilman Lazaneo, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Lazaneo and Benetti None Pelosi, Saich 3-0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mayor Lazaneo stated that Mr, Glasson had contacted him, inviting the Council and staff to a preview opening of the Deep Cliff Golf Course, on Wednesday, November 22. At 10:20 Mayor Lazaneo again asked to be excused, Councilman Saich returned to the meeting, ------- - - - - - - - - - - - - - - - - - - - - - - - (5) The City Engineer reported that all improvements constructed in connection with the Standard Oil Service Station at the southwest corner of Stevens Creek Boulevard and Highway 9, have been completed in accordance with the approved plans and specifications, and he recommended the improvements be accepted. Moved by Councilman Saich that the improvements at the Standard Oil Station at the sout111lest com er of Stevens Creek Boulevard and High"¡ay 9 be accepted. Seconded by Councilman Jellett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Saich, Benetti None Pelosi, Lazaneo 3-0 (6) All improvements in connection with and fronting the Wood- son Capital apartment development on Homestead beh¡een Highway 9 ard Stelling, have been completed in accordance with approved plans and specifications, all necessary fees have been paid. The City Engineer reconul1ended acceptance of the improvements. Moved by Councilman Jewett that the improvements constructed in connection with and fronting the Woodson Capital apartment develop- ment on the south side of Homestead Road between llighway 9 and Stelling be accepted, Seconded by Councilm.an Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: NOTION CARnIED: Jewett, Saich, Benetti None Pelosi, Lazaneo 3-0 (7) Dedication papers have been signed and filed with the City Engineer for the additional riGht of way needed fronting the Fannin Corp" property along HiGhl/ay 9 and the City EnGineer recommended Resolution 521 be adopted, accepting the dedication. Moved by Councilman Saich that Resolution 521 be adopted, ac- cepting dedication of real property of F'annin Corp" for roadway -10- '''2.'4 d AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Saich, Benetti None Pe 105i;1 La.za.neo 3-0 ¡... ~ o ¡.... 0;:1 purpOse;;), Seconderi by Councilman Jewett. (8) In connection \lith the Highway 9 acquisJ.tions, as of October 6, we had .82 oí' an acre committed í'or the widening of High- way 9 and in addition needed 1.2L!, to be dedJ.cated to the City. Between October 6 and this date, vie have receJ.ved .36 of an acre, including tonie<;ht's dedication and fir, Spain's .003. In summary, ,46 of an acre in the area promised has not yet signed, in addition to 1.21 acres oí' uncommitted area. J'.1r. Fleming stated that probably .9 01' an acre would have to go to some other action. (9) Regarding the Deep ClifT Golf Course, !Ir, Fleming stated his o1'í'ice had checked on the title to the roadvlaY í'ronting the Golf Course and the Gertson property, There is a tree in the way of t!~ entrance to the Golf Course, and it is unknown whether the tree is on pri va te property or public property ,He requested a tit le search be made, Councilman Jewett aslced what the cost WQuld be. Attorney stated it would be between ~50 and $100. The City Moved by Councilman JeHett that the City !1ana::;er order authorizing the City Enc;ineer to secure a title subject property. Seconùed bJ Councilman Saich', issue a worl: search on the AYES: Councilmen: NAYS: Councilmen: ABSEN~: Councilmen: MOTION CARRIED: Je1'¡ett, Saich, BenettJ None Pelosi, Lazaneo 3-0 (10) Regarding requirements for iffiprovement for all or portion of proposed developed property, the City Engineer said we required the cleveloper to do complete improvements for All American fl'ar!cet, and Tract 3061 required the entire frontage of the property be developed. This was also true for the Urich Oil Company development and Portal Plaza, (11) Regarding the Blaney Avenue situation with régard to the freeway, the City Engineer stated he had contacted the State regard- ing the Gouncil's disapproval of the proposed route and asked the reasoning of the state, The City Engineer stated he had received a letter from Mr. Hayler outlining the reasons. The letter says that Mr. ¡-Tayler will be pleased to discuss the matter \lith the Council, and Mr, Fleming recommended III'. Hayler be aslced to appear. Councilman Saich saJ.d that if !\!r, Hayler Has to attend a meetlng, the matter should be set on the agenda at an early hour, The City Manager was instructed to contact HI', Hayler, aslcing him to be present at the December L¡th meeting. I-Ie was also instructed to place the matter on the aßenda immedJ.ately following the public hearings. (12) Regarding development taking :;:¡la.ce on Stevens Creek Boule- vard between Highway:) and Randy, the City Engineel' read a letter from Katie E, Wagnitz, 20311 Stevens Creek Road, Cupertino, protest- ing the proposed grading o~ the new development. !1r. I>'leming said there is not sufficient infonnation available to solve the problem, and he recommended revlewing the plans and tallcing with the property owner. C. TIeport of' City Attorne:;': (1) Report on Junipero Serra. Freeway Agreement: Mr, Anderson said that he had reviewed the agreem(mts. Both agreements provide that the State will make all n8cessa~J and agreed changes in City streets. 'Chen the City must taJce over maintenance of roads lying outside the freeway. -11- 525 D. Report of Planning Comnussion: See Planning Commission minutes of' November 1 ':, 1961. E. Report of City ~~naGer: (1) The City ManaGer reported that the application before the State f01' financial aid for the master plan \'Jas approved Novem1::e r 17, (2) Regarding the purchase of a dump trucIc, Mr, Storm stated he had received bids from 5 agencies, He said s;)ecifications called for a Ford 350 series or equal, small maintenance dump truclc to hold betvJeen 3 and 5 tons, I-Ie said he would recommend Council approval of the bid of SaD Jose Ford Sales in the amount of $2,803.22, Councilman Saich said that the bid should be awarded to a local dealer and keep the sales tax in Cupertino. The City Manager said he had taken this into consideration, and the sales tax would amount to :~30,OO, Councilman Saich stated he did not think mucy. Then there is the question of the type motor, he said, These thinßs should be taken said he \1Ould like to see that we are buying, loolc at it before they start spending money. the prices varied that of ties, and the into consideration, He The Council should Councilman Jewett said he felt this is a r~tter for the City Manager, He was authorized to go ahead and investigate the matter, Moved by Councilman Jewett that the bid of $2,803,22 from San Jose Ford SaleE; be accepted. Seconded by Councilmail Dei1etti. AYES: NAYS: ABSENT: Councilman: Councilmen: Councilmen: Jewett, Benetti Saich Pelosi, Lazaneo The City Attorney advised that 3 affirmative votes are necessary for the expenditure of funds, Noved by Councilman Jenett that the matter be continued to November 28th, Seconded by CouDcllman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: J eIJett, Saic h, Benetti None Pelosi, Lazaneo 3-0 Vice I1ayor Benetti aslced the City Manager to have more informa- tion available on the 28th. (3) Regarding the annual Christmas Party, the City Manager requested Council authorization to make arrangements, I·loved by Councilmai1 Je¡¡ett that the City MaDager be authorized to malce arrangements for the Christmas Party. Seconded by Council- man Saich, AYES: Councilmen: NAYS: Councilmen: ABSENf: Councilmen: MOTION CARRIED: Jewett, Saich, Benetti None Pelosl, Lazaneo 3-0 Mr, Storm stated he had nothing further to report with regard to Highway 9 parking, employee hospltalization and t~e slgnallzatlon of Homestead and Stelling. IX UNFINISHED BUSINESS: A, \'later Commission: The City I~nager stated he would write a report on the subject, B, I~lscel1aneous: None. -12- ·""'26 a x NEVi BUSINESS: ~ ~ ~ ... = A, Arehi'i;eetural and Site Control appliea tions: 1, Bel-Air Outdoor Products, Ine: corner of Highway 9 and Stevens Creek Blvd. Committee, Conditions, Patio Display, southeast TIecorJ1il1ended by H Control 110ved by Councilman Jenett that action on the application be postponed until a later date when the picture is returned by the applicant. Seconded by Councilman Saieh, AYES: Councilmen: NAYS: Councilmen: AESEN'I': Councilmen: MOTION CAHRIED: Jewett, Saieh, Benetti None Pelosi, Lazaneo 3-0 2. Donald E, Ryan: Triplex, lot 23, La Cresta. Tra~t 2527. Recommended by H Control Comnittee. Conditions. Moved by Councilman Jewett that the application be approved as per the recommendation of the H Control Committee, Seconded by Councilma¡1 Saich. AYES: Councilmen: NAYS: Councilmen: ABSEtIT: Councilmen: MOTION CAmnED: Jewett, Saich, Bençcti None Pelos,., Lazaneo 3-0 3. Oliver D. Scott: north side of Stevens Creele Conditions. Auto Supply Store, 3!>2' west of Vista, Blvd, Passed by H Control Committee. A map of the development ¡ia;;) posted. ¡VIr. Scott deß".'lbc:d the building to the Council. A letter from Vir. Sa:> tt Has reêtJ, yr-'questinc; permIssion to delay constructj.on of the front yard concrete bloc!e screen ¡¡all for a peri od of one year. Mr. Scott stated that the west wa.ll oi' the bUilding has no windo\'iS and would act as a dividing line betueen the commercial a:-ld the residential pro pert;;', Councilman Benetti aslced about the planting areas. The applicant stated there is a large redwood -cree wh5.ch he in'Gends to presel've, Noved by Councilman Saieh that the appHeatiol1 per the recommendation of the H Contl'C)l Committee, Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARIUED: B. Miscellansous: None XI ORAL Cm/lt1UNICATIONS: None XII ADJOUm,I1ENT: be approved as 'seconded by J8~ett, Saich, Benetti None Pelosi, Saich 3-0 r10vecl by Councilman Je11ett that the meetL18 adjourn to November 28, 1961, at 7:30 PM. Seconded by Councilman Saich, AYES: Councilme¡1: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett. Saich, Eenetti l,TollP Pelosi, kizaneo 3-·0 Meeting adjourned at 11:05 PM, ATTES'I': ls/~~nce K, Mal"tin City Clel~~ APpROVED: is/ Njclc J. Lazaneo Mayor, Cii;y of Cupertino -13·