CC 11-28-61
10321 SO, SA:PJt'rOaA-ßUJ\IN!'VALE ROAD
l"''}''l
Do.; :
AL 2-4505
C I T Y 0 F C U PE R TIN 0
CUPERTINO, CALH'üHN.IA
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL:
November 28, 1961
PLA CE:
TIME:
10321 So, Saratoga-Sunnyvale Road
'7:30 P.M.
ROLL CALL:
Councilmen Present:
Councilmen Absent:
Staf'f' Present:
Pelosi, Saich, Lazaneo
Benetti, Jewett
City Manager, City Attorney, City Clerk
I MACKAY &: SOMPS - PO-H ZONING:
The Mayor opened the meeting,
Councilman Pelosi said that it is out of order to designate the
MacKay & Somps application as PO-H zoning; that the agenda is out of
order,
In response to a question from the Mayor, the City Attorney
said that the Council instructed him to prepare a PO-H urgency
ordinance which has been done, mailing copies to Councilmen, He
agreed that the application of MacKay &: Somps is presently an ap-
plication for C-I-H, not PO-H,
Councilman Pelosi said that a PO-H ordinance has no relation
to the application of MacKay &: Somps.
Moved by Councilman Pelosi that MacKay &: Somps be stricken from
Item I of the agenda, and the first item be Considered as PO-H
urgency ordinance study, Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Pelosi, Saich) Lazaneo
None
Benetti, Jewett
3-0
Councilman Pelosi submitted a petition to the Mayor, which was
then filed with the City Clerk, The petition protested change in
zoning to either C-l-H or PO-H for the property located on Rodrigues
Avenue, owned by Racanelli and Duvaras, and presented by MacKay &:
Somps, Among other things, the petition stated that the property is
presently in its proper zoning district, R-2 and R-3, and was signed
by 19 people, almost all resid~ng on Rodrigues Avenue.
Ordinance 002(i) was then introduced f'or study, The City Attorney
read the ordinance, section by section, with discuSsion held on each
clause,
Councilman Pelosi raised questions On Section 2,1, First, he
asked the conditions which constituted a "demonstrated need",
Second, he asked the meaning of' "primary access~' and third, he aslced
the import of the clause reading "yet inappropriate for commercial'
development because of close proximity to purely residential use",
Mr, Racanelli asked to spea]c on the basis that an ordinance is
being discussed, rather than the application of r.lacKay &: Somps,
Councilman Pelosi repeated his question about the demonstrated
need, He said that there is not a single application for PO-H now
pending in the City,
Councilman Saich said that the site is baclcinQ: off a C-l-H
district and that such professional offices have to be put somewhere
and this location would be between commercial and residential. He
said that the ordinance might be pin-pointed for this piece of'
property,
Councilman Pelosi disagreed, saying that the Ordinance WlSt have
application uniformly throughout the City, furthermore, that if the
site in question is zoned PO-H, any piece of property in the City
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s1 tUated ,oct",,,,Cr'l ,,,.,mm,.>:>cirll and residential must be considered good
for the same PO-H, He asked \¡hat l'llPp.,ned aCI'OSS the street from
PO-H, Hhat lcind of' a distrlct is that supposed to be?
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He said he could not see any demonstrated need as stated in the
ordinance. He then aslced the City Attorney Hhat is meant by the
phrase Ii primary access",
1'he City Attorney ans1'lered, any City street. He went on to
mention a lcey lot, which he described as a piece of property caught
in between COmmercial and nmltiple, These are often described as
key lots, and the only solution zoning-wise is to use them for such
things as law offices, doctors' offices and similar uses which have
lower traffic volume than regular commercial operations.
Councilman Pelosi read from ths County regulations for pro-
fessional office districts, the section ön intent, which is worded
exactly the same as Section 2:1 in Cupertino ordinance 002(i), He
said that he got a different impression of the theory and purpose
on reading the County ordinance.
1'he Ci ty A t to rney s ta ted tha t he is no t a planne 1', but from a
legal standpoint, this i8 the only ordinance that can be created under
Cupertino's present ordlnance structure.
COWlcilman Pelosi said the County sees fit not to put profes-
sional offices into residential districts.
The reading of the ordin&J1ce pro~eed~d, and Councilman Pelosi
questioned Section 2:2(b) and (c) in the following respects. He
said that Section 2:2(b) allows for great loopholes by virtue of the
wording "Such as those pertaining to the prac[;ice of t:ìe profc8sions
and arts including but ...,..", He said that anything construed as
an art can be located in such a zúne, including dance studios and
any type of artistic endeavor, Section 2:2(c), he called even worse,
referring to the research factor which he said covered a wid~ category
and could involve research for such operations as cosmetics, animals,
etc, He said the wording is so general and broad that the City would
have little or no control over what might go into such a district.
It is, therefore, impossible to knoN in advance ¡¡hat the results
might be,
In Section 2:3(a), Councilman Saich questioned the height of
35'. He also aslced hO~1 tlÜs 35' would be measured, whether i t \~ould
include the peak of the roof, the foundation footings, or what, It
was decided that the heic;ht l'Iould be measured from the very top of
the builchng to the ground,
The Þayor said that possibly it should be made 2 stories, rather
than 21!. Councilman Saich agreed it should be 2 stor~es, perhaps
25' instead of 35' .
Councilman Pelosi said that the Council was at one tir.le, adamant
in its requirement that the building located on this property woulè.
be limited to one-sto~J duplex and that the applicant had agreed to
that condition,
The Hayor said that the Council is not tallcinc; about the applica-
tion of r~cKay & Somps.
He proposed that the building be ¡cept to ð. single story of 16'
If need be, an applicant could ask for a variance. COlIDcilman Saich
agreed that a variance to allow two stories could be considered,
Mr, Anderson said it is his understanding then that Section
2: 3(a) should be changed to one-story of 16',
Councilman Pelosi said that the City is in a vulnerable Position
if it takes the Position that th2 ordinance should read 16' and they
will grant a variance if it looks good.
The f~yor said that in some locations, especially if there are
a number of two story buildlngs nearby, a two story professional
office building could be blended in,
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Councilman Saich ga1ffi the example of Food Villa which is zoned
C-I-H with ho story profesSional ac1:"o",,,, 'the street. Right in bacle
of that there is R-I; this is in the City of Santa Clara.
Councilman Pelosi said it would be incompatible to have two
story bUildings overlookinG: single family dwellings, Housewives
would not be very secure in that situation, Granting a variance 1n
one place leads to the same in another. Referring to the City
ordinance, it still says that such a location j_s inappropriate for
commercial zoning. He also said that hiding behind commercial zon-
ing is questionable, addinG that the professional building presently
under construction on Stevens Creek Boulevard between Blaney and
Randy is a good example of how a professional office should loole
and Hhere it should be located, He said that is a fine building
and a credit to the community,
A spectator said that he would hate to see a bUilding such as
the ~~rlc Thomas structure be used as a buffer to R-l zoning,
Mr, Racanelli said that he has already written a letter stating
that they would be willing to amend their zoning application if the
necessary professional office ordinance 1s adopted on December 4,
and while he acknowledged that the MacKay & Somps application is not
on the agenda, he said it is only logical that the comments and
remarlcs are related to the application on ROdrigues Avenue, They
have no objection to a heiGht limitation of one story, nor to re-
quirements whìh are conslstent with the existing professional
offices all of which are located in a C-I-H zone.
Councilman Saich said that the new Planning Consultant can help
to determine the right locations for professional offices.
The tnyor said that since this is an urgency ordinance, it
should be held to single story. \'Jhen a permanent ordinance is
adopted, it might be well to go higher.
Councilman Pelosi said that the same principle should apply to
all districts and on that basis everything should be restricted to
one story with the Council granting variances thereafter, He said
that they are trying to create an urgency when none exists and cir-
cumvent the Planning Conmnssion in addition, Why not send this
ordinance to the Planning Commission which discarded the County
ordinance because they felt it had too many loopholes,
The City Attorney stated that Ordinance No, 2 of the City of
Cupertino is an urgency ordinance; therefore, any amendment to it can
be accomplished by an urgency ordinance; this satisfies the urgency
factor of the ordinance. While such an ordinance is definitely
within the jurisdiction of the City Council, he said, if the Council
did not want such an ordinance without a recommendation from the
PlanninG Commission, it could be sent down to that body both as a
courtesy and for the purpose of getting a report from them,
The ~nyor said that in his discussions with the individual
Planning COmmissioners, that body feels their PO-H ordinance is for
large planned areas, not single parcels,
Councilman Pelosi repeated that if this sJ_te is considered as
a buffer zone there will be PO-H behind every commercial district in
the City, vfuat is the prime objective, he said, and are they
engaged .in proper planning,
The City Attorney said that the Council should be clear about
the distinction between this ordinance and a professional and an
industrial park ordinance which is intended for \/holesale develop-
ment, aiù has been distinguished even to the point of changing the
title from PO-H to PA-H, fæ said it is not his intention to con-
fuse the Planning Commission by bringing in flrst one ordinance, and
then the second ordinance on another level, Ordinance 002(i) could
be enacted or it could be referred to the Planning COmmission for
a report, he said,
In response to a question from Councilman Pelosi, the Mayor
said tI~t there will be no action on Ordinance 002(i) tonight,
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rloved oy Councilman Saich that Section 2:3(a) be changed to
one story, not to exceed 16 feet. Seconded by Mayor Lazaneo,
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Saich, Lazaneo
Pelosi
Benetti, Jewett
2-1
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The City Attorney referred to Section 2:3(0), saying that the
County Ordinance provides for a lot coverage not to exceed 25%, but
that he feels J+O% is a more feasible figure in view of the 01'1'-
street parlcing requirement in Section 2: 3(d), which is specifically
stipulated in the Cupertino ordinance, whereas it is left to the
discretion of the Planning Commission in the County ordinance.
Councilman Saich said that many agencies use a ratio of 1 to 1,
but that some discretion is left to the Planning Commissions,
Councllman Pelosi aslced why the coverage allowed should be
increased 15% over the County ordinance, since this takes away from
the parlcing area available, He said there must be a reason why the
25% is used in the County ordinance. Is this gross acreage or net,
he aslced.
The City Attorney answered "gross acreö.ge", measuring from t.he
inner edge of the sidewalk baclc to the property line, This would be
what remains after the sidewallcs, curbs, etc" are put in.
Councilman Pelosi called attention to the amount of property
that may be left in an acre after roads and walks are installed.
After the front yard setbaclc is observed, it would be possible to be
in violation of the off-street pa~~ir.g require8ents,
40%,
The Mayor asked if it was the concensus ~hat 25% is better than
Councilman Saich said that businesses and rentals do change 8.nd
parking space sho"..üd be considered accordingly, \'Jhat may be good for
one business might be in8ufficient for another.
Moved by Councilman Pelosi that the lot coverage as shown in
2:3(b) not exceed 25%, He withdrew the motion so that Don MacKay,
the applicant, could speal~,
Mr. MacKay said that most downtown areas have a one to one
ratio while Cupertino uses a 3-1 ratio in commercial areas. He also
said that all other cities allow professional offices in multiple
districts, adding that he has a lot of such ordÜ1ances himself.
Mr. Racanelli said that the original County standard is at the
discretion of the Planning Commission in order to insure sufficient
off-street parking for all employees and visitors. 40% be said, is
only 5% more than the lot coverage allowed in single family resi-
dential districts, He aslced that the site be liffilted to one story
rather than 16' so that the building could be made compatible to
the surroundings, not run the risk of b'2ing a foot over the height
limit.
The ~~yor agreed that he would like to see a nicer looking
bUilding if it would mean only a äifference of a foot or so in the
he:tght,
Councilman Saich said that the City better allow more height tlk~t
one story if the lot coverage is to be only 25%. He said the land
costs are too high in relation to the usable office space if one
story and 25% coverage are enforced, In this wa~', prospective in-
vestors or builders and busine~s in general would be driven out,
Councilman Pelosi said that the typ~ of building bears a direct
rela tion between the parlcing and t'1e lot coverage. He said the City
needs professional advice and h8s not gotten it,
Moved by Councilman Pelosi that the lot coverage as shewn in
2:3(b) not exceed 25%, Motion dies for lack of a second,
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In 2: 3( c), Councill118n Pel ()Ri !1ûticed that the front yard set-
baclc 113 20~~ whereas the County requires 25%. He also questioned
the sideyard setback which he Considered insuf'ficJ.ent for a pro-
fessional building,
The City Attorney a(!8t¡ered that this was done in order to make
the ,setbaclc line the same as )(-1 wi th the side and rear yards also
equal 'co the adjoining res5.dential zone. With reference to a corner
lot, l1e sa:ld that this Houlll mean a 12' side yard setback and a
minimum of 6' on interiol' lots,
25' .
Hoved by Councilman I'elosi that the front yard setbaclc be made
George Somps stated that 25' is too much to DBintain and if it
proved ·too expensive, they VlouJ.d prefer to put rocle.s or pavement on
the front yard rather them J.awn or landscaping,
Councilman Saich sugge.sted sending the ordi¡¡ance down to the
Plan¡Üng Commission.
Councilman Pelosi 1'IÍtl1drew his motion to change the front yard
setbacle to 25% and moved that ordinance 002( i) be sent to the
Planning Commission for stUdy a¡¡d a report back to the City Council.
Seconded bè' Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MO'I'ION CllnmED:
PeloslJ Saich~ Lazaneo
I'Tolle
Denetti, Jewett.
3-0
Hr. r.acanelli said that tj.me is a prime factor in their
tion and ßending the ord:Lnance to the PlamÜng Commission is
ing the very purpose for Hl1ich the meeting tonight was held.
some reference to the fact that Councilme.n Pelosi had gotten
O'Nn wa3l.
applica··
defea.t-
He made
his
Councilman Pelosi sald that ~1r. Racanelli has made a direct
implication that the Citè' Council voted due to lÜn (Pelosi), He said
that this is not the case, t]~t the Council members voted independently
on the factß presented. He referred to the peti tion (see above)
which shovled the support of his position by the residents on
ROdr5,gues Avenue; therefore, he is representing ]Ü') constituents.
No urGency has been demonstrated either, he said, as indicated in
the ordÜla¡¡Ce, in view of the fac t that there is not one pending PO
application in the City .urt11ermore, the meetinG I'¡as called in
order to hold a study se.ssion on the ordinance, He concluded by
sayi¡1g that any influence \I]Üch he may have exercj_sed i,s certainly
not in a prejudicial man,1er,
Robert Michaelson said that he would like to congratulat.e
Councilman Pelosi and the City Council for their stand on the
ordinance. The ci ti zens of a Ci ty do not want the Counci 1 to '0'3
stampeded into a professional office ordinance.
II TRUCZC BIDS:
Postponed.
III CUDAHY nJPHOVEMENT ASSOCI/VrrON - Draw Poker and Lou Ball Draw Poker
Resolut:Loj1:
l'he City Attorney advised that Cupertino I ß éèpproach must be on a
hypotl1etlcal basis and sUßgested that the County laIr enforcement
agencè¡, )Je:lng the City I D pol:Lce department, be approached to deter-
mlne \'·¡hat their a ttl tlxle a¡K1 posi tlon would be on enforcement.
'fhe City Manager af~reecI that this should be C~0¡1e"
'rhe ¡·!ayor directed tl1a t the matter' be removed from the agenda
until t115.ß report is reacl~,
IV RESOLUTION NO. 518 - City Enc;í.neer Report on Gra¡¡t Deed from the City
of Cupertino to the County Flood Control:
The Cí.ty I1anager said that the City Engineer'rJ oC'fic:e hu,')
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examined the descriptions, 8.s1'ing the City CIerI: for clarHication, ~
The City Clerk stated that the descriptions of the property deeded ~
by the terms of Resoluti_on 518 had been checlced by Mr. McBee of the t:.e
City Engineer's office and certified as proper, ahd that he had also
discussed the resolution with the City Engineer ¡umsel£',
Moved by Councilman Saicll that Resolution 518 be adopted.
Seconded by Councilman Pelosl,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
f10TION CARRIED:
Pelosl, Saich, Lazaneo
None
Denetti, Jewett
3-0
V CITY A'r'l'ORNEY REPORT - on sale of Christmas Tree Coupons by High
School Students:
The City Attorney introduced Resolutlon No, 523, granting an
exemption from the proVlsions of Ordinance No, 10 of the City,
pursuant to Section 10 thereof.
Moved by Councilman Pelosi that Resoluti~523 be adopted.
Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
VI MISCELLANEOUS:
Pelosi, Saich, Lazaneo
None
Benetti, Jewett
3-0
(1) The Hayor aslced the City Attorney to introduce Resolution 522,
proclaiming December 10, 1961 as Rosario Cali Day, He said he deemed
it fitting to express a testimonial to Mr, Ca1i on behalf of his ser-
vice to the community and the City of Cupertino,
Upon the reading of Resolution 522, it Vias moved by Councilman
Pelosi that resolution 522 be adopted, Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Pelosi, 3~ich, Lazaneo
None
Benetti, Jewett
3-0
(2) The City Manager reported that the septic tanlc at the water works
has collapsed a number of time in the past, and he would like author'i ty
to connect to the Cupertino Sanitary Sewer system as soon as possible
at a cost of $7.50,
Hoved by Councilman Pelosi that the connection be authorized aID1~
with the necessary expenditure. Seconded by Councilman Sa1ch,
AYES:
NAYS:
ABSENT:
Councilmen:
Councilmen:
Councilmen:
Pelosi, Saich, Lazaneo
None
Benetti, Jewett.
Meeting adjourned at 9:40 PM,
ATTES'l':
Isl Lawrence K, Martin
C1 ty C1erlc
APPROVED:
Isl Nick J, Lazaneo
Hayor, City of Cupertino
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10321 SO. SARATOGA-SUNNYVALE ROAD
C I T Y 0 Feu PER TIN 0
CUPERTINO, CALIFORNIA
AL 2-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, December 4, 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:
Jewett, Pelosi, Saich, Benetti
Lazaneo
City Manager, City Attorney, City
Engineer, City Clerk
Vice-Mayor Benetti presided:
III MINUTES OF THE PREVIOUS MEETINGS: October 16 and 31, and November
6, 9, 20, and 28, 1961
The City Engineer requested that the minutes of November 6
be changed on page 4 to read that Mr, Fleming stated that he thought
the charges are still $500,00 per acre.
He also requested that the minutes of November 9, page 8, be
changed to eliminate the clause "by the City".
(City Clerk's note: "Acquired" does not mean the same as "purchased")
Moved by Councilman Saich that the minutes of the afore-
mentioned six meetings be approved as corrected, Seconded by
Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
IV PUBLIC HEARINGS:
Jewett, Pelosi, Saich, Benetti
None
Lazaneo
4-0
A, MACKAY & SOMPS: Application 39-2-61 to rezone 260' x 168' from
R-2-H and R-3-H to C-I-H; south side of Rodrigues Avenue, 310' west
of Highway 9. Denied by Planning Commission Resolution 70. Appeal
Continued,
Moved by Councilman Jewett that the application be continued
to December 18. Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
Pelosi
Lazaneo
3-1
Councilman Jewett said that a report on Ordinance 002(i)
may be coming from the Planning Commission and may pertain to the
application at hand.
28th
into
Councilman Pelosi asked that the peti tion
opposing the application be placed befor'e
the record.
presented November
the Cow1cil for entry
The Mayor Pro Tem referred to the minutes of November 28th
saying that the petition has been recorded in the minutes and is
already a part of the file on the application, The City Attorney
agreed that such petition is already a part of the official record
but must be reconsidered if it is the wish or the Council, With
reference to Councilman Pelosi's statement th~t a study session
had been mentioned in connection with the application, he said that
the words "study session" have no independent significance, and
inasmuch as the meeting was actually an adjourned regular meeting,
the petition was properly introduced at that time.
Councilman Pelosi said he was satisfied.
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Councilman Pelosi vacated his seat at 8:22 P,M. due to
illness.
B. AMERICAN LEGION: Application l4-u-61 for
American Legion Hall at 20860 McC1811an Road,
Commission Resolution 77. Appeal,
The Mayor Pro Tern asked the City Clerk to review Resolution 77,
The City Clerk read Planning Commission Resolution 77 recommending
denial by the Planning Commission, Maps of the property were
posted and the petition containing 75--80 names opposing the
application was also read, in addition to the letter of transmittal.
Use Permit for an
Denied by Planning
The representative of the American Legion, E. J, Martens, was
asked to speak, He said that the American Legion post is werking
for the youth of the community in maintaining an American Legion
post, If they do not get a use permit here they will h::J.Ve to go
out of the City to acquire the site, he said. He maintained that
it would be a beneficial service to the City of Cupertino, and
would like to be able to locate inside the City Limits. He
questioned the use of the word "promiscuous", The membership of
the Post is around 75--100. The existing building which is a
chiclcen coop would be put into safe condition, he said and would
meet all building code requirements for human occupancy and for
the particular type of use contemplat2d both as to structural re-
quirements and fire safety. The American Legion itself would meet
three times a month and no more. The remaining U3"! would be devoted
to rentals to various private organizations and clubs, including
Boy Scouts and Girl Scouts. The Post has scoured the countryside
he said and has not been able tJ find any other useable site, He
said that the hall would be a boon to the community in that it
would serve as a place for wori:;hy clubs and organizations to meet,
In response to a question by the acti~g Mayor, the City
Attorney said that the zoning ordinance in effect, specif'lCiJ,lly
Section 34 of NS 1200 (County Ordinance) does alloy! an Americ2.n
Legion Hall to locate in a sine;le family J:esidential zene with a
use permit, The ordinance reads, "In addition to uses permitted
in any zoning dictrict, the follü\Jing uses may be established
subject to the issuance of a use permit therefor: (1) Public
utility and service use; (2) Co:mnerci2,) excavation of natural
materials; (3) Airpori:;; (4) Library; (5) Public community c.enter;
(6) Church; (7) H08pltal; (8) Educational, Chal"itable, and
philanthropic institutions; (9) C0metary, crematory, ~nd æausoleum;
(10) Public buildings. The American Legion ¡full would be con-
sidered in one or more of these categories,
The Mayor Pro Tem proposed that the Council continue study of
this application,
Councilman Saich asked Mr, Maptens j.f t!1e American Legion
would be the owner or the lessee. He said he could not S8e 11,)1'1 the!
Legion could spend $25,000 on the basis of hcld:i.ng throe meec:'.ng,s
a month. He said it could be used 7 days a week howev<or, ¡OJ th8t
the American Legion could afford the purchase. Rentals would
defray the price,
Mr. Martens said that it would be unlikely that they wc"),ld
rent it Oè:t 7 days a week, but that they did expect to r"mt 1;:> a
certain extent and realize a financial return this way. The lVie,yot'
Pro Tern also asked Mr, Nartens about their means of derivj,ng
revenue, !Ie answered that this wotÜd be through l'entals and 'chat
after renovating the bUild':'ng, it would be a fine structure for
private organizations to U8e,
In response to ancther question, the Cj.ty Attorney said that
a use permit could 1.>e issued ;:'01' ¿;,r¡ Amer.lc2.n L'~gion d:'ill E1.nd.
incidental uses which would c::>v"r th"'lJ' re[¡Gal to other organiza-
tions on a nightly basis, Coun¡;ilmsn Je\¡ett. ask",d é\,bout the
alcoholic beverage permit,
Mr. Martens sajd that most crgé'.lJization8, and this would apply
in his case, have what is ¡mown as cl',,¡b perrr.its which they can use
at vari01;,s posts.
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Charles LeVezu, 10371 Westacres Drive, said that if the
proposed use were sponsored by any other organizatiol it would
require a commercial use. The traffic situation would be the same
as commercial traffic any place. Cars create congestion and a
hazard regardless of the zoning and in this case they would be
leaving at late hours. He said that he assumed the club would be
properly run and would not involve drivers under the influence of
liquor, but they would be leaving at late hours and cause a dis-
turbance nonetheless.
Fenton Hill, 20915 McClellan Road, stated that most of the
people present are familiar with Napredak Hall on Lawrence Station
Road, This would be a similar use, he said, and the American
Legion can afford to pay the price by means of the rental moneys
that they will get. Although he does not own property immediately
adjoining the site, he said that he would received no benefit
whatsoever from it and objects to it as an improper land use. There
would be parking £or about 75 cars and this would inevitably be a
nuisance to the neighborhood. Real estate people are promoting the
deal he said, in an attempt to sell the property and they have
spoken to the adjoining owners with regard to the rear of their
properties and the possibility that it might be used for some form
of picnic area.
Tony Lillo, 20820 McClellan Road stated that activities at
American Legion Halls are not conducive to good residential
neighborhoods, although he agreed that the organization is a very
worthy one and that he is in sympathy with many of its aims,
However, in this location, he said it would cause a great traffic
problem and constitute a nuisance to the adjoining homes.
With regard to McClellan Road, he said that most of the
street will carry traffic fairly well but this particular point
is an exception and would undoubtedly be a menace to vehicles and
pedestrians. In addition, four homes will be land-locked if
permitted, This and the nuisance factor are the two main reasons
he protests the issuance of a use permit,
Mrs. Johnson, 20840 McClellan Road, said that she lives next
door to the property and has young children in the house. She
does not want beer parties alongside and could not heave her
children alone if an American Legion Hall were approved.
Mr, Castleman, 20800 McClellan Road, said that he owns an
acre close by and that three homeowners can't develop without road
access to the rear of the property, thus entrapping their land, He
said that this should be considered by the City.
Councilman Saich said that the neighborhood plan for the
area shows that the City does not want to land-lock these
properties,
Mr. Martens said that there is a nice residential district
across the road from Napredak Hall and that no complaints have been
received by that group, As to the fact that the building was
constructed as a chicken coop, he said it is a pretty good chicken
coop and could be made a number one building and has strictly
number 1 lumber in it at the present time, and that at a dollar per
square foot, the existing chicken coop would be worth $11,000,00,
He said he wished the Council would inspect the site and the build-
ings.
Councilman Saich aslæd if there is about 50,000 square feet of
property, to which the answer was in the affirmative. Mr. Martens
said that the Legion would provide road access to the property,
adding that the problem of the adjoining owners is not the fault
of the American Legion, but results from poor planning on the part
of the neighborhood residents,
Mr. Stark of Stark Realty, spoke on behalf of the American
Legion. He stated that his real estate company is the broker in
the transaction, The protestants he said are emotionally disturbed
and he can sympathize with them inasmuch as they are directly in-
vOlved, although he believes that some of the arguments presented
are irrelevant. As far as the eventual width of McClellan Road, he
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said no One can tell at 1,l1io point what that will be, He ~
referred to the junior college site at the northwest corner of ~
McClellan and Stelling, saying the appeals are ~raught with
emotion, He said there were no protests to the issuance of a use
permit to a flower grower further west On McClellan Road and that
invalid comparisons have been made with regard to the halls and
the type of activities that go on, There are many ways in which
an American Legion can pay for such property. The members are
mature men and it is ridiculous to say that they will be bar flies who
create a nuisance and scare children in the night,
Mr. Stark said that the area will become more than an R-l
district with the college nearby and a church, bOdy shop, and a
furniture repair shop, He said that this is a period of transition
to professional and commercial zoning which he characterized as a
time not far off, A church site will be blocking access to the
rear of the property, he said, Why the adjoining OWners bought
these deep lots is not the problem nor the fault of the City Council
since they bought the property with their eyes open. Furthermore,
he said, that what happens will not be solely resolved by nearby
subdivision plans, The Council has no contractual obligation to
solve the problem of access to and use of the rear portion of
the adjoining lots, he said, He concluded by emphasizing that
members of the American Legion Post are not roughians, but law-
abiding citizens, He took note of the right of the owners to sell
and the right of the prospective buyer to purchase.
Fenton Hill stated that the nearby homes were built before
the incorporation of the City, and that he for one voted in favor
of the incorporation so as to prevent the occurI'ence of such an
application as presently before the Council. He said that the auto
shop down Tula Lane is illegal, also that he protested against: the
chicken coop when it was originally built but that his protest and
others, were presented too late to hiwe any effect.
Moved by Councilman Saich that the hearing be closed. Seconded
by Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
Moved by Councilman Je~ett that the matter be set for a study
session prior to the next regular meering,
The Mayor Pro Tern instructed the City Manager to advise Council
members not present that December 12, 7:30 P,M., City Hall is the
time and place scheduled for a study session on the application.
After procedural questions as to the p,ropriety of pUblic
comment, Fenton Hill was permitted to ask 'What is the future pro-
cedure? If the Council reopens the hearing will there be public
notic e?
The Mayor Pro Tern said that the application will be on the
agenda of December 18, that he could not answer a question about:
reopening the hearing and public notice therefor until such time as
the hearing was reopened, if at all.
Moved by Councilman Jewett that a study session be held in the
matter of the American Legion application on December 12, at 7:30 PM.
Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
C, J, A. MOREING: Application lJ-U-61 for Use PeT'JJ1Ìt for
Oil Gas Station, northwest corner of Blaney and Bollinger,
by Planning Commission Resolutiún 76. Appeal,
Standard
Deni ed
E, W. Schmidt, 795 Castro Street, Mountain View, represented
the applicant. He stated that he has placed inrormation in the hands
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'i~Jfot.-JI' U
of individual councilmen. He said that the protests submitted to
the Planning Commission are on an erroneous basis in that the
question of zoning was being reconsidered. The zoning is already
in effect, according to Ordinance 115, Most of the petitioners
he continued, reside outside the City Limits and the applicant is
nöw asking for a use permit, not a rezoning, He said he outlined
reasons for the application, in writing, to the Councilmen, A gas
station is a natural development of any shopping center and most
of the arguments against the application concern the existing
commercial. He said that he himself does not know whether the
existing store or stores are causing a litter or are unsightly as
has been implied by those protesting the application and claiming
that the corner is already causing debris.
Mr. Schmidt said that the gas station is not going to affect
Bollinger Road and the oil company is, of course, interested in
constructing a good development. He stated that Standard Oil is
ready to prepare a special design for the station, not simply put
up the basic station. They will do whatever the City Council
wants and will meet the requirements of the City Council for any
type of station they select, As for the objectors telling Standard
Oil that their application is uneconomical and that the station
would not make money, he called this preposterous. Standard Oil
has chosen this site as it does all of its locations, very carefully
after concluding a survey, He said this is a difficult argument
to meet when protestants maintain that the business will not make
money, Although this need be no concern to the public, he said
that he knows from past experience that the sites are properly
selected, He introduced Mr, Robertson from Menlo Park, attorney
for Mr, Moreing. Mr. Schmidt said that he is representing both
Moreing and Standard Oil, primarily the gas company.
Councilman Saich asked the City Clerk to draft the minutes
of all the previous hearings on the site which was rezoned for
Star Contractors, so that all Councilman could review the pro-
ceedings at that time and see what statements were made.
Councilman Jewett read an excerpt from the Council minutes of
January 18, 1960, which showed that the applicant said there would
be no gas station on the site.
Mr. Robertson, 1177 University Ave" Menlo Park, said that
all objections it seems would apply to any commercial use, which
has already been granted by the City Council, He saw nothing in the
objections that are peculiar to gas stations themselves.
Mrs. C, Roger Moe, 6790 BOllinger Road said that she would
like to see the material in the minutes come out, A gas station is
the last thing we would like to see, she said.
Mrs. H. D, Pirtle, 10894 S, Blaney, said that she lives in
the County, but is directly affected by the gas station as she
lives directly across the street. She gave an instance wherein
she had to pick up 4 pop cans along the perimeter of her property,
apparently thrown by children leaving the market across the street,
She said her kitchen window faces the gas station site.
Councilman Jewett aslced who Ed Johnson is" His name is
shown in the minutes of two years ago as the applicant or the
repre"sentative of the applicant.
Mr, Schmidt answered that he believes that Mr. Johnson was the
owner of the property at that time,
Councilman Jewett reiterated that the statement was made that
no gas station would be on the corner and the minutes of January 18,
1960, so record.
Charles LeVezu, 10371 Westacres Drive, feels that the City
has enough gas stations now, and he disputed Mr, Schmidt's statement
that it is not a concern of the public whether or not a gas station
does good business, since the City relies and operates on taxes
derived from such businesses. Therefore, taxes would be affected
by the operation of the station. Based on the observations shown
at these hearings, he said he wondered how the station will make
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money since it 1" lÜs und0r"tanding th¡;,t the prof'itô from a g&S
station come from such things æ lube jobs, accessories, etc.,
rather than the mere sale of gas and oil. If' the station could not
show a pro~it it could not very well operate, he said,
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Councilman Saich suggested a study session on the application
without closing the hearing.
The Mayor Pro Tem advised the public that it is normal pro-
cedure for the Council to hear the pros and cons, sleep on the
matter and after holding a study session, if necessary, or
reviewing the minutes and other data, to render a decision at
that time,
Mr, Robertson said that the aforementioned Ed Johnson did not
represent his client, J. A, Moreing, at that time, therefore the
applicant is both morally and legally entitled to a use per~~t,
he did not feel that a statement by a former owner should bind his
client.
The Mayor Pro Tem said that the fact remains that the applica-
tion was granted subject to "no gas station",
Mr, Schmidt said that he too has checked the minutes of the
previous meetings and they will disclose what was said at that time.
He asked if the gas station statement was not made before t:¡"
Planning Commission rather than the City Council.
The Mayor Pro Tem said that if the applicant Wishes a vote on
the matter this evening, that is his right,
Councilman Jewett referred to the minutes of December 28, 1959,
which read "Said precise plans will not include a service station".
Moved by Councilman Saich that the hearing be conti:-lUed to
December 12, Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MO'l'ION CARRIED:
Jewett, Sa.ich
Benetti
Lazaneo, Pelosi
2-1
V DIVISION OF HIGHWAYS, R, A, Hayler: R~location of Blaney Avenue
re Junipero Serra Frcel^ray
Mr, Hayler posted a map of the iJropos'ed relocation showing
Blaney Avenue about 250' west of the existing Blaney on an overpass
with the freeway going underneath it approximately present ground
level. Blaney Avenue has been ~eft intact for the PG&E plant
just south of Homestead, ~he rerouting returns to the existing
Blaney Avenue alignment a little S01¡'ch of the freeway in order to
leave two residences, one owned by Prank Zeszutek, 10710 N, Blaney.
Blaney Avenue will be raised up over the freeway. Mr. Ha;?ler ~,aid
that shifting the alignment to the west is preferrable to moring J1;
to the east side. He indicated the traffic movement wl~ich 1/CJuld
result. The Mayor Pro Tern said he is puzzled by the fJl0V,,"'ilent or
Blaney Avenue, saying that he believes the Church of Chriöt, Blaney
Avenue is applying for a use permit. (City Clerk note: r'se Pe'~mit
for Church of Christ on 2-} acres, north Blaney Avenue, west sl~;.e,
approximately 600' south of Lucille, was approved by the PJanning
Commission in November 1958, Use pe~nits expire within one year
if not used and a second application was made July 5, 1961, and
granted by the PlannJng Commiss:i.oú, July 21)., 1961, subj ect to
Exhi bi t B and the H Con t 1'0]. Co¡,¡mi t t ee . ~hc Di vi si on 0 f lligLways
may be showing the relocation of Blaney Avenue with overpass has
not been submitted to the CHy Hall, but the church appl1ca tion
appears to be soutl1 of the ma'!) prc3ented by JVt'. Ha~¡:'c)r on
December 4),
The Mayor Pro Tern a.sked ~_ L the .·(.ò.d pa tt8~'rl would be the same
if Blaney were to go over th,e freew&y. r1r. Hayler a:1swered in the
affirma ti ve,
Councilman Saich as!ced Mr. Hayler :d the long loop shown on
the map is necessary, Mr, Hayler s.r:sweJ.'êd in the affirmative,
·6·
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The Mayor Pro Tern asked Mr. Hayler how traffic would get from
Lucille to Blaney, Mr, Hayler traced out with his finger, the route
to be followed, He said that the grade involved in the structure is
nominal with a maximum of 6%. The structure thus affords 500' of
visibility in each direction, He said he is surprised that he has
not heard of the proposed church building as Cupertino has been
very good about notifying their department of building permits,
use permits, rezonings, etc.
The Mayor Pro Tern asked Mr, HaYler what would be wrong with
allowing Lucille to go directly under the proposed overpass, Mr,
Hayler answered that this would necessitate the extension of the
bridge and would incur greater cost than moving Lucille around.
Councilman Saich asked how far it is from the center line of
Blaney to the proposed relocation. Mr. Hayler answered about 250',
Councilman Jewett asked the distance of the break in Blaney
counting north to south, Mr. Hayler answered about 1,600'. The
State will acquire this, The freeway is about 1/4 mile south of
Homestead Road.
Councilman Saich asked who would maintain the loop in between
the freeway approach. Mr, Hayler answered that the State would,
The Mayor Pro Tem aslced Mr. Hayler if the City could have a
copy of the map, Mr, Hayler answered that he would like to keep
this one, but he has already given John (Fleming) one.
Lou Mariani, 20360, Blauer Drive, Saratoga, asked Mr. Hayler
about the intersection of Homestead and Blaney, How is this to be
treated? Mr, Hayler answered that this will be left as is, that the
realignment only comes as far as 700' north of the freeway and
would not affect Homestead Road.
Frank Zeszutek, 10710 N, Blaney, asked that benefit PG&E
would derive from this realignment, Mr. Hayler answered that it
would provide better access to the plant, but the Division of
Highways is doing this for the benefit of all the people in the
State. Any other benefits or disadvantages are purely incidental
to the construction of the road, He added that the freeway is
planned at ground level, The Mayor Pro Tem then asked why the
Division of Highways is necessitating the movement of the PG&E
plant, Mr. Hayler answered that the plant is not being moved.
Mr. Zeszutek ask~d Mr, Hayler about access to his house, He
said that he does not appear to be in a very good position if the
State moves Blaney,
Mr. Hayler said that the Division of Highways is supposedly
taking care of all the damages and problems when they acquire
property from ZEszutek and severance or damages are taken into
account at the time the property is acquired.
Tom Burrascano asked what sence is there in realigning and
reconstructing (duplicating) Blaney for 1/8 mile when Wolfe Road,
Merritt and Lucille provide the road pattern in the immediate
vicinity. Answers to this noted the fact that a couple of these
streets run east-west rather than north-south, also that Wolfe road
is not yet an accomplished fact and it is more than 1/2 mile away.
Mr, Fleming asked Mr. Hayler if they had made a financial
comparison between the easterly realignment and a westerly realign-
ment, The easterly realignment would require PG&E buildings to
be moved, Mr, Hayler answered that they did not have the chart
on this subject but that he is certain that the easterly realignment
would be more expensive and this was obvious to people who examined
the design right on the ground.
The City Engineer said that if relocating the proposed church
on the west side of Blaney is taken into account, it might be
possible to use the east side or keep Blaney as is.
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Mr, Hayler said that he could not see how undeveloped property
could cost as much as property with 3 or 4 buildings on it,
including an industrial plant. He asked the City to keep his
department advised or any proposed building along the rreeway
route. The Mayor Pro Tern noted that traffic coming out of FG&E
will need to make a left-hand turn to go south, The same is true
for north-bound traffic proceeding on to Blaney from Lucille, He
said that they seem to be moving the road the wrong way.
~
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The City Engineer asked about moving the utilities, ir this
matter has been considered by the Division of Highways, Mr. Hayler
answered that he could not answer specific about the utilities, but
he is sure that the present alignment is the least expensive, He
added that he is concerned over a statement that Wolfe Road is not
ready now. He said they will be in trouble if the road is not
available next year,
Frank Zeszutek said that Blaney Avenus is in a heck of a
condition. He also asked why Lucille did not go over the bridge.
Mr, }ãyler again answered that the present proposal is mQch
cheaper than extending the bridge over Lucille Avenue.
Councilman Saich asked when the City needs its answer.
Mr. Rayler said "pretty soon - cne month would be OK". Their
plans are scheduled out for six months,
Ward Crump addressed the City Council and said that his
opinions may be too late. However, h3 stated that he believes the
City resolution supporting the extension of Blaney is in error, and
he thinks the "hodge podge" presently on the map before them is
proof of this. This street (Blaney) is of no benefit to anyone but
PG&E, and is a gross error in planning which will create a major
north-south artery through a residEmtial area. He outJ.:;'ned the
nearby streets, the surrounding neighborhood and the zoning, the
location of schools and the pending applications, This is planning
a major north-south thoroughfare un a residential 60' ötreet when a
60' street is not a major street, The traffic goes up and down
Blaney at a fantastic clip all da.y long. Trucks, he said, do not
belong on Blaney Avenue and should use Highway 9 or Wolfe Road. He
concluded he can see no ccmmon sense in the overcrossing
represented by Blaney Avenue,
John Rodrigues, Jr" Town and Country Realty, said that he
would like to see the money being s pen¡; on thi s Blaney A venue over-
pass diverted to Wolfe Road. He asked Mr. Rayler to venture a
rough guess on the cost uf tpe overpass. Mr, Hayler said that he
did not have any figures with him bu.';' he would make a rough estimat e
of $200,000.00,
Mr, Rodrigues said that a 601 street cl.oes not seem a feasibl",
place for such an overpass but that the money might b" w<~ll '1en:;
on Wolfe Road.
Mr, Rayler said that he could not be a party to such hO:C"8-
trading, that he cannot do business that way, Howeve~, if th~ re-
alignment merits reconsideration,i;h8 highvli1Y departmt'nt will see
to that,
Lou Mariani ask~d if the S';;ate will irnptove those portions of
Blaney Avenue colored into the map. Mr, Bayler answered yes.
VI ORDINANCE AND nESOWTIŒ¡S FO", AWJ:'TI(;N:
A. ORDINANCE 47 Jlli\TISED: Suhdivision Ordinance, Second RoJading,
Moved by Councilman
(Revised) te confined to
by Councilman Saich,
Je\~'"tt tr,ai; J:'2c>.ðÜ,g of Ordi!1a.nce 47
title only 'Dy \.'..1'mn;l.alC\.'.s conS8n G. Secondeò.
AYES: Cou~cilmen'
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
JeT.v!".;!,':;", SD.J.-::tl~ B~n'2t-l:i
NOD;:;
JÆ'.zaneo, Pelo»i
3-0
n
·-l-'·
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ü4:¡¡
The City Cl~~k re4d Ordinance 47 (Revised) by title only,
Moved by Councilman Jewett that Ordinance 47 (Revised) be
enacted, Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
B. ORDINANCE 195: Rezoning Property of Ward Crump rrom A-2:B-4
to R-l; 22 acres west side of Bubb Road, north or Regnart, south
of VaL (File 42-z-6l),
First reading given.
C, RESOLUTION 526: Accepting Dedication of Real Property from
Robert D. Kelly.
Moved by Councilman Saich that Resolution 526 be adopted,
accepting dedication of ' real property from Robert D. Kelly et al,
for roadway purposes, Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
VIr PAYING BILLS:
A, Resolutions 524 and 525.
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
Moved by Councilman Saich that Resolution 524 be adopted.
Seconded by Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilman:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
Moved by Councilman Saich that Resolution 525 be adopted.
Seconded by Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
VIII PROTESTS AND WRITTEN COMMUNICATIONS:
(1) Foothill College: Notice or forum on problems of metropolitan
growth; December 8 and 15, 1961, 8 to 10 PM, College auditorium.
(2) City Clerk: Revenue statement by source; November, 1961
(3) County of Santa Clara: Agenda and minutes of meetings of
November 15, and December 6,
(4) Building Inspector: Report for month of November,
(5) University or California: Advance notice of the 14th
California Streets and Highways conference at Los Angeles, Janu-
ary 25--27, 1962.
(6) City of Sunnyvale:
delivered at the annual
Cities in October.
(7) Inter City COUncil: Notice of meeting, December 7, Hyatt House,
San Jose. The Mayor asked for reservations.
Copy of Councilman Mark Russell's paper
conference or the League of California
Moved by Councilman Jewett that the correspondence be received
and riled, Seconded by Councilman Saich,
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< i' 6'1i
U··J:: £.¡
P '7-" Councilmen:
NÅYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
*
Jewett) Saich) Benetti
None
Lazaneo, Pelosi
3-0
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*
*
*
Moved by Councilman Jewett that Water Department Warrant No,
716, in the amount of $2,927,57, to the Santa Cla~a County Tax
COJlector, be authorized for signature. Seconded by Councilman
Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
*
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
*
*
*
*
*
IX REPORT OF OFFICERS AND COMMISSIONERS:
A, Report of City Treasurer:
No further report.
B, Report of City Engineer:
See City Engineer's report dated December 4, 1961,
Moved by Councilman Saich that Resolution 527 be adoptAd,
accepting dedication of real property from CupEertino Union School
District for roadway purposes. Scconjed by COt'.l1cilman .Jewett
AYES: Councilmen:
NAYS: Oouncilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
Moved by Councilman Jewett that Resolution 528 be adopted,
accepting dedication of real property from. Anton Saich et al for road-
way purposes. Seconded by Councilm~n Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
No~!e
Lazaneo, Pelosi
3-0
Councilman Saich vacated his s€at on the City Council.
The City Engineer recommended the issuance of a warrant in the
amount of $2,834,79 representing the deposit made by Lucky Stores
less City incurred costs for prúcessing that approval, in favor of
Lucky Stores.
Moved by Councilman Jewett th<.ct the City Clerk authorize, 8-
warrant in the amount of $2,834.79, as y·ecommended by the Ci ty
Engineer and approved by the City Attorney, Seconded by Co~ncil~an
Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Benetti
None
Lazaneo, Pelosi, Saich
3-0
The City Attorn~y referred
Guaranty and Title 80mpany. He
referrAd to the City Ai;sorney.
to a litigation report from Western
recommended that the report b~
So ordered.
Councilman Saich resumed his seat on t11e City Council.
C. Report of City Attor~ey:
Mr. Anderson introàuced Ordinance 24(A), an Ordinance of the
City of Cupertino Amending O~dinance No, 24, the Uniform Local Sales
and Use Tax of the City and Declal'ing the urgency thereof. He
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described the ordinance a largely procedural, being a definition
of the place of sale, thus determining the jurisdiction entitled to
the sales tax in any given transaction,
Moved by Councilman Saich that Ordinance 24(A) be enacted,
Seconded by Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
D, Report of Planning Commission:
See Planning Commission minutes of November 14, and 27, 1961.
(1)
E. Report of City Manager:
Truck Bids:
Moved
to the low
Councilman
by Councilman Jewett that the truck purchase be awarded
bidder as recommended by the City Manager, Seconded by
Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
(2) Highway 9 parking:
The City Manager suggested that this matter be discussed when
all Councilmen are present. It could be put on the December 12
agenda,
(3) Homestead and Selling Signals: Sunnyvale design study:
. Postponed to December 12,
(4) Miscellaneous:
The Cupertino School District has asked for a reV1Slon of the
school walkway requirement westerly from Creston to Stevens Creek
School. The Superintendent has asked the City to approve 4t feet
of pavement On the existing portion of the walkway and waive the
construction of. the easterly portion to the creek itself at this
time.
Councilman Jewett said that he agrees to the deferment of the
extension over the creek at this time but advise the widening of
the pavement tb 10' before the thing becomes covered with mud; .
The Mayor Pro Tem said that the Council had decided this once.
Moved by Councilman Jewett that the school pedestrian walkway
from the west side of Creston Drive to the top of the hill be com-
pleted as originally required, i,e" 10' of pavement, by allowing
the easterly portion of the easement from the east side of Creston
Drive to the Creek to be deferred until construction of a sub-
division on the east side of the creek, Seconded by Councilman
Saich.
AYES:
NAYS:
ABSENT:
Councilmen:
.Cou.ncilmen:
Councilmen:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
The City Manager reported an inquiry has been made relative to
the Voss property off the Mountain View-Stevens Creek Road and
pertaining further to a senior citizens housing development, The
principals and agents for the property would like to have some
preliminary discussion with the Council and the Planning Commission
before making formal application,
The Mayor Pro Tern said he feels it is definitely a good idea
to discuss the subject with both the Council and Planning Commission
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þre-aent. Hr> Ari.,r~.ged the City ~'lanager to set 8. date.
X UNFINISHED BUSINESS:
A. Water Commission:
The City Manager stated that in his report of November 24,
he advised the City Council that the Board of Supervisors have
signed a contract to get water for Santa Clara Valley through the
South Bay Aqueduct, This contract was signed November 20, by
the State and County and water has been prOmised for the area by
1964,
B, Miscellaneous:
None
XI NEW BUSINESS:
A. Architectural and Site Control applications:
1. Bel-Air Outdoor Products, Inc: Patio Display, southeast
corner of Highway 9 and Stevens Creek Blvd. Recommended by
H Control Committee, Conditions. Continued.
The Mayor Pro Tern as1ced why the application was here.
Councilman Jewett said that the proposal appeared to be an
asset to the City and an improvement under the present condition
of the property, It would 1ceep people from cutting across the
road even if it served no other pUrpose,
The Council put the application on the next agenda and
requested the presence of the applicant.
Moved by COuncilman Jewett that the two applications approved
by the H Control Committee on December 4, be placed on the Council
agenda. Seconded by COuncilman Saich,
AYES: Councilmen:
NAYS: CounciJrnen:
ABSENT: Councilmen:
MOTION CARRIED;
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
2. John H, Fisher, 1706 Broadway, Oakland:
architectural and site approval for a Speedee
Junction, Homestead and Mountain View-Stevens
Application
Mart; Simla
Creek Road,
for
The City Manager posted the plans and advised the Council
that the architectural committee had voted unanimously in favor
of the application (see minutes of the H Control COmmittee of
December 4).
The City Engineer said that he has not seen the plans.
Moved by Councilman Jewett that the City accept the architectural
control plans a¡:¡ submitted and as approved by the H Control COrr"'1ittee.
Seconded bY Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
3. Earl Sorenson: Application for architectural and site
approval of a duplex at 19950 Homestead Road (just east of
Blaney) ,
It had been moved by the H Cont:::,ol Committee that Plan E-l and
E-3 be approved and that the units be spreRd to provide garage area
between the two bUildings.
Moved by Councilman Saich that the plans approved by the H
Contro.l Committee be accepted, Seconded by Councilman Jewett.
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r.: ;¡ r·'
..}'";teJ
AYES; Counc1lmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Safeh, Benetti
None
Lazaneo, Pelosi
3-0
B, Miscellaneous:
1. Election Schedule,
Moved by Councilman Jewett that the polls for the General
Municipal Election on April 10, 1962, be open from 7:00 AM to
7:00 PM, as proposed in the letter of the City Clerk dated
November 22, 1961, and the po11f~g places and precints be left
to the discretion of the City Clerk, Seconded by Councilman
Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmsn:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
XII ORAL COMMUNICATIONS:
1, John Rodrigues, Jr,: Dedication of property on west side of
Highway 9 between Rodrigues Avenue and Crossroads Center for
widening purposes,
Mr, Rodrigues reviewed the fact that the center line of
Highway 9 has apparently been shi.fted in the area just south of
Stevens Creek Road so that about 8' will now be taken from the
west side of the highway and one foot from the east side,
Mr, Rodrigues posted a map of Saratoga-Sunnyvale Road just
south of Stevens Creek Road, showing in blue shading the road
section already done and in green shading the area still to be
completed, He noted the location of the hardware store just south
of Crossroads Shopping Center, stating that this hardware store
cannot be moved except at great cost which would be prohibitive
to the City, He asked the possibility of reducing the 10' wide-
walk requirement in front of the hardware store to 5' so as to
allow the building to remain at that spot, The grade at that loca-
tion is severe and the sidewalk would end up being about 2~' high,
The front of the hardware store Will have to be renovated, possibly
requiring steps,
Just south of Sunrise Drive is the location of the medical
building occupied by Drs, Sheriff and Wallace, Mr, Rodrigues stated
that Dr. Wallace has not cared to proceed with the widening and
improvement of his 47' of frontage which will remain as is for the
time being, He said that he is not in a position to make the
expenditure for Dr, Wallace. He asked the City Attorney, through
the Chair, if there is any way that Dr, Wallace can be forced to
improve his 47',
The City Attorney answered that thsre are legal methods,
specifically in the Improvement Act of 1911, whereby remaining
owners can be assessed for certain improvements when more than one-
half of the street has already be improved. He said that in the
present situation a "hole" will remain, quite possibly until a lien
is placed against the property or an assessment district is formed
or the owner improves voluntarily, Mr, Rodrigues said that he will
make the dedication of 10', but he would assume no responsibility
for improving the aforementioned 47' not owned by him,
The City Engineer said that the 10' walk on either side of the
hardware store would be desirable, but by the time electroliers,
fire hydrants, etc. are installed, the walkway is already crowded.
The City Attorney said that Mr, Rodrigues, in essence, wants
a permanent encroachment permit of 5'into the standard 10' sidewaJk
area, for the life of the building. Mr, Rodrigues agreed that
this is what he needs.
Councilman Jewett asked about the 10' strip shown on the map
for proposed dedication.
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..' r..
"''',''ih"
~~""J:'i\,.,V
Mr, Rodr1.gues a.=w..red that he 1 s prepared to de<Uca te 10'
to the City if the City will improve the 10'. He is willing to
install everything else, including the walks, lights, pavement,
drains, hydrants, if any, etc.
Councilman Jewett asked what would happen if the State is late
in widening the road to the 80' stage. Mr, Rodrigues stated that
he can wait for the State to complete its 80' before doing his
improvements or he can go ahead at this time, He suggested that
it might be possible to clear out the existing strip outside the
edge of the existing roadway in order to improve the appearance,
He said that this would be better for the public as a whole and
better for the property owner. He favored completing the rest of
the improvements when the State comes in to do the widening work,
¡...
J-3
~
'-
~
The owner observed that there are three street openings
intersecting Highway 9 at close range, namely, Scofield, Sunrise
and Rodrigues. He posed the possibility of closing off Sunrise
Drive in order to eliminate one of the intersections and conform
more closely to standard traffic engineering, Discussion fOllowed
as to whether the residents of the subdivision and particularly
Sunrise Drive, would rather have the street open onto the Highway
or not, The pOint was made that eventually it will be a divided
highway which would at that time prevent traffic from proceeding
immediatelY south on Highway 9 from one or more of the streets,
Mr, Rodrigues said that he is asking a waiver of any performance
bonds at this time as a saving both financially and in terms of
convenience to him, He said that inasmuch as it is a recorded
and completed subdivision there is no obligations on his part at
this time, Due to the fact that he is willing to install improve-
ments of his own accord, he does request the posting of any bonds
be waived since the bonds will simply be requiring him to
guarantee the performance of something that he is not required
to do in the first place,
Councilman Jewett stated he is glad to see Mr, Rodrigues
come into the Council Chamber at this time with his proposal and he
can see that the construction of a 10' walk abutting the hardware
store would be a hardship in this case, and further that he sees
no trouble in allowing the 5' sidewalk instead. He emphasized that
he is in favor of the proposal and the widening which would cause
people to park on the side of the building rather than in front of
it, thus relieving the traffic congestion even further. Ao to
waiving the performance bonds, he deferred to the other Councilmen.
The City Attorney said that while the Council is probably
willing to rely on the credit of Mr, Rodrigues, no subdivision
is being installed at this time, The street improvements contemplated
do not constitute a subdivision, If the owner (Rodrigues) is
willing to improve the balance when and if the State or City will
improve the 10', he said he could see no drawbacks to the issuance
of a 5' encroachment permit,
Mr. Rodrigues suggested that he, the City Manager, the City
Engineer and Dr, Wallace get together to discuss the possibilities
for the aforementioned 47',
Councilman Saich asked how soon he proposed to meet with
Dr. Wallave. He also posed the possibility that the City might
be interested in oiling and screening the 10' under discussion
until the State does come in and improve it up to standard.
Mr. Rodrigues asked the City Engineer to draw a cross section
of both an 80' half-street and the 120' b~lf-street on the board
so that all parties could see and discuss the exact physical
improvements under discussion, He asked the City Engineer whether
it is not correct that the State does not expect to pave the full
80' ,
The City Engineer said that it is correct that the 80' road will
not have 80' of pavements, but an II' shoulder will remain at each
side of the highway in order to make proper transition with the
existing grade, When the road is brought to its full 120' width,
another 10' traffic lane and another 10' for the sidewalk, curb and
gutter will be installed,
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W ::plot
""'I.:¡' i
~~..¥' 'J:i: j<;
The City Attorney explained that the II' shoulder 1s needed as
a transition section in order to allow foÏ' the Droper curb grades
etc" and in case the curb cut is high,
Mr, Rodrigues read a letter giving approval of the City for a
5' sidewalk, He said that he would like a motion in favor of
approval or disapproval of the program he has presented verablly
including encroachment permit, rededication, improvement of the
curbs, gutters, sidewalks, etc.
Councilman Saich advised Mr. ROdrigues to contact the City
Manager, Dr, Wallace and the City Engineer for a meeting between
them so that a report can be made to the City Council enabling them
to come to a decision at the next meeting on December 18,
The Mayor Pro Tern asked whether 3' of the 80' right-of-way
would ramain unpaved if 8' of the future widening is taken on
the west side of the center line, After some discussion, it
developed that this was not the case,
The City Engineer said that drainage problems may occur in
certain areas after the improvement and the State in anticipation
of this may extent the pavement in certain places in order to take
care of any unusual situation,
Mr, Rodrigues and Mr, Fleming agreed that it would not be
a question of the difference of 11' and 8' in this case.
Councilman Jewett said that he would like the City Manager
to work out a recommendation and make a report on the subject to
the City Council,
*
*
*
*
*
*
The City Manager reminded the City Council that December 6,
at the City Hall, is the time and place for a meeting with Abraam
Krushkov, the new Planning Consultant.
*
*
*
*
*
*
XIII ADJOURNMENT
Moved by Councilman Jewett that the meeting be adjourned to
December 12, 1961, at 7:30 PM. Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich, Benetti
None
Lazaneo, Pelosi
3-0
Meeting adjourned at 11:45 PM,
APPROVED:
Isl Nick J, Lazaneo
Mayor, City of Cupertino
A TEST:
/
(((,uC
'-,(\. .', '.( (~.í...
C ty Clerk
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