CC 01-02-62• 10321 So. SARATO3A- SUWr1VAIS RAID JAN 4 1962 AL 2 -4505
CITY OF CUPERTINO
iuu-
jLuwn OF THE FECiZ 1R KERTIM OF TIM CITY COUNCIL: January 2, 1962.
PEACE: 10321 Sc. Saratoga,- _-w:nyvale Road
17lS 8:00 FM
I SiLm To Ta n7AG
II AOrt CA7b: (bnmoiLaa: Pe+aaant:
Camollsun"�iavt:
stair Presents
Y Q pwom or to rums m :
Benetti, Jewett, Paloei, Salch,
Lazaneo
City Manager, City Attorney.
City Engineer aad City 'Cler`.c
December 18, 1961
Korsd by tlmm ilgen Bmwttl that the minutes be approved az
st*dtted. seceodad by Coasollan Jewett.
AMS Osmwilaat: Denettl, Jewett, Felosl, Saich, T8z311e0
NRYS: C9tae12men: None
AbA : Councilmen: *in*
NMCK CAM: 5 -0
TV PUBLIC ITS:
A. JACK .17`- ?4C*T: Applic.:0 n 44 -Z -fl to rezone 3.5 a2res from
A -2:B -2 to ' -2 -A and -l: west e:ds o' v&�mtal:i Vicw- dtevena
Creek Road, sort* of Mr.jta V1sta Schcol, north -,f A1: 1''c IT:,-
Fscoawmended *7 P!wLarvt CJ=aisslon Re3oitt.an Tol-r4::v� KIP.
In res7cnse to a Taestion L. t!:e "al.r, the City r.erk -Aid
that no writtc. protest had `.�":% subte -ted. ::o oral pro. -em's
were !trade at r" seclirg.
Gem Yaa"n represe:tei V-se appllravt. The eeap wls posted
which he rev ;edri, ldrntl t". nT :Se strevl.s i- _3-:d1n9 t:.2 inte:'n a:
street patter•, surcouncing zone.::, etc. Fe mntlorer that the
property was nrescntol to the :1+I bee-re In a Zif-erent appllcJ-
tion, requas.l••v R-3 -9 a: ttat t1••. This Via Len deried. :ne
applicant, vltb conacnt of tFa F,".ning Co!a- dasion,'c.s amended tre
present a,-l:catlon so teat the cr+glral regaeat for C -1 -1: ha.Z1
become a xgae:•t for ::: -Y.. Accorl; :Z to thr map there are 9 F. -2
lots and :: R -1 lots.
Novel by Ccunci,�aa . .::sic': tM t tte hearl:g be closed.
Seconded by Co,.tnallman be::atti.
AYES: Cour_!lsrn: Beretti,
MAYS: : o un c l lae r.: 4=e
ABSENT: .ouncilmen, Noce
47 -PION CA ?'-:TD: 5 -0
Je ++ett, F_loJl, Saich, Lazaneo
Moved by Ccuncilman -ich that t::e C.lty Attorney be o:de:�:' t�
d-sft an ordinance as per Flw=Ing Commission Resolut!Jn 8', .•_-
raning the property in app: - cation 44 - ? -51_ and approvttg t`:c
tentative sp for the R -2 -A an3 R -1 01str: eta. Sacenlz-J by Ccuncil-
man Jewett.
AYES: :3urcilmzn: Be. ^.ettl, Jewett, relosi, Saich. lazaneo
NAYS: Cour:cilmen: done
ASffiIT: C:uncllmen: None
MOTION CAR4t EC: 5--C
B_ CALIPOPSIA WATER SERVICE CO.: Ure F-rc:t applAcation
15-U -61 for a well, tank t_^d pur.ping .-acillties at the Intersection
of Wolfe Road ar' Caiabazas C,-aek. Domed by Flanning Comnissior. "
trnolution Sj. Appeal.
The Mayor read a letter from Will W. Lester, Jr., aalc_rtiR ti-at
the application be deferred to the next meeting co that he le able
W present testimony before the City Fie stattd ttac due
-i-
to a ^previous comadtment he le wmble to attend the meeting on
Jaauary 2. The vo or acknewlefted tre Prexmce cf Jcptha Wade,
representing California Water Service Company.
Mr. Wade distributed written material to the City Council
describing the purpose of their application and the situation of
the water utll- ty in and around the City of' Cupertino. 4te average
daily demands were cited, as well as the number of customers and the
saber of anticipated connectlors.
Mr. Bade stated that the application gas first heard on
November 27 by the Plarcting Ctmalsslon. ::t was continued to the
imizt meeting to allow adjacent agricultural users to ezpcess an
eptmion and at this .meting fins P2amin6 Cotaniasion voted for
�yyqqq�llflsssssl. Mr. Made said that Callfornia Water Service Company has
4- 4tomers withln.tha city Units at the present ties. The
M
well owned by Callfands hater Service Company inalde
yeodmceaeonly�200 galio� � ..asap veddtto Drive am
tirg. He stated that the company needs to develop water
sip
as in the immediate v2ofalt7 In order co meet its cosvlt-
ments and the needs of the PA210 relative to health and welfare.
No went on to say that he felt Utz Planning Comaisalon touk the
wrong tack in hearing the application as the interrelatiorahip
of property rights in the developwnt of the tmdezgrotari .cater
supply has been preempted by courrs of competent jurlacicti.m.
He said that he would like to sufgesi thist the Planning ::c:�sslon
m.ght not have sufficiently eonsid =red the rlgl•ts of the uvban
residents of tha City of Cuy_rtino as trll as the obligations of
California ',:ate- Service Gzrparty to pre :i•te for the 3t2 =th, safety,
and welfare of the public wlttln its frarchlsr ;.rca.
:he errnaers of t`,e id_tcr Service `ate
pe ^.laded ' :'Sr Si :ia; e/ee :.* .7 ln72d` RC t.: ch : ^ `. 'Y _ :is
location on the azs; eacta L`�-- trey veil rut luee thi.: _r•+lstr -nt
thrngh 11tig2LIon over direct Snterf.rerce with othsr a__. 1n
this area.
He astir.'. t'.e Council *: ::c Km:7:e the urcert ne,d tar user
applies, r =;e_'aliv in ,dew C V:e fact thrt ether vac -sr so-ave3
:annot be ex; -, led mLil 1361-. 1:- zeferr_d to the : �-It !wt..,
Ag6educt; lr -t�nt l,lar.z call : ,3r the delivery of %aL;r tz� tte
hlpertino ar" in 49j °. i.- cc ^r..u3• i by ar. +13 :hr -t ::.e ay ^11ca-
.Ion is cons: =tent with tte t.Lter-sts cf th- ccmrinity .:.d _
the agricuit_ :rl 1t::erasts a:! .tot pertinent.
Yoved ty '1GPc1-tx r Je +et- 'hat in view of the left -r fr=n
V. W. Lester .fwt t :.-1 c;' :_i^ reLz —,g be ra3trorz..i to : -n-ry 15.
Seconded tp Cc-m<11nr. 3¢nottl.
,-Y,?...: Co:c:cilmer:
MAYS: l: l.: =lm- -: p0ne
ABSEWT: Co:r.;ilraen: hrre
PMION CP.Y_R.T_'EZ: 5 -r1
V CP. 13"C S AND RZ30LUTI02i5 F_:. "4-PTT0
A. ORDIXANCE 196: Renewing and 37�terdirr 0tiinancc ;tc of
the City of Cupertino Cc.1c. „ Iand Jree :-jr A -2 -L
Districts For a rerlod of Cne Year, and i ^.'_.ariag r. ;•' t .� an =!
1ltereof.
In re:;unse to a gnest1,,n, the C;ty Attorney advised *:at
Ordinance 1b0 esyibrs ly Its cwn :Lz. r on January 16, ar-2 a
continuation cf dl.a prrvislors and m�gulntions is nec ^.a7.r7.
Ordinance 1,� truces tar. :.harges v?-atscc^cr in the exlst.'r3 r-,rala-
tions for R -2 -ii and R-3-'H d ?.r` � - Lc.. m_. ay _ =•nCin• _ s :: r,tie
regulations in force frr anx:t_.e: pear or tn_til repeAler byrthe
massage of the proposed per-:weent ordinance.
Ordinance 196 was . ,eal in f•.01.
Moved by Councilmen ai.h tMt Orrllnance 196 be era�t_d.
Secondud by Cowicilmn Jewett.
AM: Councilmen: Benetti, Jewett, Pelosi, Sateh, lazaneo
am: Concilmen: Bone
ABsM: Ccr=eilmen: None
N MON CJ1F.lcIED: 5-0
B. ORDINANCE 197: Rezoning proper*y of Raaanelli b Davaras
of Rodrigues Avenue First Reading. to PO-R; 1 sere south side
Co:mdlean Benetti soloed that the Planning Cossdesion resolu-
tion 83 be read and the petition opposing the.appllastLon also be
iced In its entirety wdth the names of the 18 Awwtmt* ants and
th tt both be entered ofllefalyl' into the City >!eebWiN4
planning Oo issUft dissolution 83 was read by the qty Clerk
s -404 the 18-row petitteh o pONa to the ayMaaflan of lilef'sy a
Sasps was read by the Nls�or. 'jb recalled. 0 The pgltl�tien had
already been read and that foil consideration has I Veen given to
Its contents.
Ordinance 197 given first reading.
Moved by Counoilsan -B etti that the aforementior_ed petition
and planning Commission Rasolutinn 83 be made an official part of
the proceedings in this application. Seconded by Councilman
Jewett.
AVM: Councilmen: Benetti, Jewett, reloai, Saich, Lazaneo
]KYS: Co,,tcilmen: Bone
CBS : Ccuncilmen: lone
MfMON CAKIM: 7-J
C. ORDINA.'(CE 198: rezoning prolw.rty of Frank SherlwM (Mscxay a
soaps) fro: A-2-.a-4 to R -'_, and appioving tentative rap, 8.4 ac:ti3
between Randy r_-d Blan°yt adjoining the north side of a projec`.10:1
of Merritt (File 43- 2 -6:).
First reading giver:
D. RESOI:rIOK 534: A 3- so3utiorn of the City of Cupertino
EapressinS Its Gratitude to iiebiEy L. Hubbard for Sp--vices
Rendered to the City as a Nemter of the Board of S•lperclsor: of
the County of Santa Clara.
Upon the reading of the resolution, it w+ta coved by Councilman
Benettl that Vie resolutic. be adopted. Seconded by Councilmen
Pelosl.
AYES: Councilmen:
Scnett!, Jewett, relosi, Saich, Iazaneo
IL, IS, - _,y- cilceo:
tone
ABSErr: roar oilmen:
Nose
MDTION CARRIED:
5 -0
E. RESOZL'_ICN 535:
Grant i[ig Variance to Cupertino irnpert'es nn
lots 10, 13, 17, its, Tract 2 -O (Ap ?1 :caL ?.on 16 - : -blj
Moved by Councilman. Jewett that ^ esolution 535 be adopted.
Seconded by Councilman Benetti.
AIM: Councilmen:
Benetti, Jewett, Relosi, Saich, Lezanao
NAYS: Counncilmen:
Here
Alf: councilmen:
Ncne
NDEM CARRIED:
5-0
F. RESOLWICN 536:
Granting VArirnice to Cupertino grope ties on
lots 200, 2202, M. Tract 2660. (Applicatlon 17 -V-61)
,
Moved by Councilman Jewett ti-at resolution 5? be adopted.
8eeonded by Councilman Benetti.
AMM: Councilmen:
Benetti, Jew.:tt, Pelozi, belch, Iazaneo
NITS: Councilmen:
worse
AN MOT: Oo>mellnsm:
Vane
11)2 I CARRIED:
5-C
R PRY= BII.iS:
A. Resolutions 532 and 533.
Move! by Councilmen Hen- that Resolution 532 be adopted.
Seconded by Councilmen Salch.
ATM: Councilmen: Bgnstti, Jewett, pelosi, Saich, Lazaneo
NAYS: Councilmen: None
&BMW: Councilmen: None
SMON CARRIED: 5-0
loved by Oouocilam Saich that Resolution 533 be adopted.
Sesonded by Counoibasn Ph2081.
y, Csunolleen: Baeltti, Jewett, pelosi, Saich, Lazaneo
Councilmen: NOW
# M : Councilmen, None
NDtTON CARRIED: 5-0
tII PAOPBSTS AND MRITTEW CQiffMCATIONS:
(1) Air Pollution Control District:
(2) Bel -Air outdoor Products, J. T. Martin: Letter asl:eng the
0Duncil to reconsider its vc:te of the previous 3eeting sending
the application back to the H Control Committee. The letter
states th;A the drawing submitted is representative of the project
and that Mr. Coffman was in error wh =r, Hue stated otherwise.
C.ounc::lman Felosi said that he is on the H Control Co,¢mitt -e_
and his recollect -on is that the applicant d'.d state ti,.? ?- a:r._t-
vas out of prospective. The contlnuatton of the sidewalk is
another factor that is unclear. Mr. Pelosl recorzn ndea tt:.2t the
application be put on the agenda of J2nuary 15.
The City Manager re=iinded text the applicant ^ao rre:•icuc•i)
said to tculd scow t-ae p3Lrr. ^.6 on the plot pya The C._ty Coon: _.1
requested :hat the plot plan scccmpany the application for
January 15.
(3) State of C:alifonia: Balletin on fall out shelters.
Referred to the C <vil Defense Director.
Moved by Co,mcllnar± Benetti that the comarmications be
received a:si file:!. recorded by Councilman °elosi.
AYES: Councilmen: B- anetti, Jewett, Pelosi, yaich, Lazaneo
NAYS: Councilmen: lone
ABSENP: Councilmen: None
MOTION CARRIED: 5 -0
V. REPORT G? C?FICHRS AND COMMISSIONERS:
A. Report of City Treasurer:
No further report.
B. Report of City HngSneer:
(1) The City Ek;lzxer has h' ^.eived a letter f_ -3m the
Division of Righwa7s r3121 c attention to an overlap between thY
city bow:dary lines of Capertdno utd We Altos. The area in
question was included in Homestead 4 -C anne_tatioa riled with the
Secretary of State on April 29, 1951. Ordinance 33 by which th-
City annexed the terric�ry in Ho.stead 4 -C, was enact;-4. March li:,
1957, and was filed b; Uw Secretary of State on April 29, 1957.
30 days must elapse between the passage of an ordinance and its
effective dat -i. After that t;irc, !: w y t< sett to Sacramonto
for f131rg. Los Altos annwmtl -.:n Si:avens Creek #2 also di:cluded
the south one -half of Homestead fw+ad between Calbazaa Creek and
Ales SP RR (Simla Jlmetice). Lon Altos atnesation Has filed with
Was Secretary of State m December 13. 1956. The City Engineer 2•aa
Wayared a legal demarIpUen for the area in gnertton.
�,:. :.i.- ms's :.: •-0-
Councilman Salch said that Cupe"rtiruoIs anneua -tion was
supposed to be to the south side of the rose not the middle of
tl.e road. He Bald that Ivan Meyerholz had drawn the MV for the
amriAtion.
Moved by Councilmen Jewett that the City Manager and City
Attorney be authorized to check out the anne6ition and negotiate
with '.he City Of Loa Altos., Seconded by Councilmen Salch.
AYBS: Comuilmes: Smietti, Jewett, Pelosl, Saich, Lazaneo
MAYS: 0=6611mmo Dose
AH.SO01 . Cshmailmm: Mona
11MOK CAIi ! T
_ E
(2) 'my +Cl Us submitted a cross mectloe of the
silaas affbated if bWOOM in ttie >?eighubos'rMtdd of
gighsq 9 and :8tWhm �i7ARrt fbalevard.
no Mayor asked Q%�4Yt� imager if Cali t .abet he had am
Rodrigues had been notifaedl The City Manage
been instructed only to notify Cau, whioh he did.
Moved by Camsi]imgff J006ft that the consideration of High-
way 9 parting "be de-Seized to the January 15 'meeting and teat
Messrs. Cali, Field and Rodrigues be notj
Seconded by well llSnas any
other affected parcels on R:ighway 9•
Benetti.
AYES: Councilmen: Benetti, Jewett, Pelosi, Salch, Lazaneo
NAYS: Councilmen: None
ABSENT: Councilmen: !lone
NOTION CARRIED: 5 -0
(3) The City Engineer presented a dedication of real pro;.e :"'Y
for roadway purposes from Nick, Rits, Joseph and virglzla it rdesi}�!.
This property is located on the east side of 1{ighway S opporite the
City Hall.
11ove3 by Ccuncilman Salch that Resolution 537 be adopte_'
accepting dedicatior of real P-OpertY from Nick Mardesich et al
for roadway purposes. Seconded by Councilman Jewett.
AYES: Councilmen: 3-netti, J -Nett: R:1nei, Salch, lazaneo
NAYS: Council-ran: :lone
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Report of City Attc7T.e7:
The City Attorney stFted that the case of the City of
Cupertino v. Pollard is being set for trial and will Pxriably
be on the court calendar for September. T:e necessary additional
depos_t has been made with the County Clerk in accordance with
the request of the Court. The City Attorney referred to the
letter from the defendants' counsel dated December 28.
D. Report of Planning Commission:
1. See Planuuing
Commission minutes
of December
28, 1961.
2. planning
Commission recosmenda
Ordinance 89
remain "so
iz ".
3. Mr. Crane, representing the application of Ditz -Crane
posted a sap of the application acted upon by the Plasmas
Commission on December 28, 1961. P.t that time the Planning
Commission recommended approval of the tentative rep marked
RYhibit "B" on the eonditior that the npp11 ^ant1s engineer submit.
if possible, a revision Of ;1=bi.t "B" of not less Umn 115 lot::
cut to replace as many 7,000' lots as possible, with 7125 en. ft.
lots or lamer lots. A second "condition' maintaired that the
Comelsaion hereby gees on recciw as being opposed in principle
to variance In such large volume and only acts in this case becnuuse
of the baekgrotmd and possible moral Obligation of Us City which
can best be analysed by the Council.
-5-
Hr. Crane aid that he has worked the e apthe s u to
straee e
t th
majority of tba lots 7125 s9• ft or
pattern. Tpe aver&®& lot size is 7900 8(1- ft.and the entire smap
has been dmn to came up +dth a SinlUm of 7125 eq. ft.
The Mayor asked the City b+gineer to review the map. Mr.
Fleming did this with r*rerence to the surrounding streets, the
location of Idlevilds the alignment of Aegoart Creek channel, etc.
He reviewed the naigbborhood plan for the area explaindn:g that the
original sap Me I in 1958 with, the fact in mind that
recurrent f]AodI*i sated the Blaney Avemle area. In order to
alleviate the f200d eooditlons In that quadrant of the City It
was necesg&W to swdign the old cWM2 of P40art Creek. The
right-0r wq M" to do this and the Honsseau (ldlewild)
and Workow 7 rg&ly deft,, �visicns were en-
-Wy through approval
of to j , ,- lt. in a>�@s� ' � asp now before the City
poumoil has gets ti rith the City ordinance in the amount
of appaow3matgy i�- them are 8 lots with less sgmrre footage
than req�rjd.ft_Gttt ordinance.
Counci`3maa 9aieh' suSC sted that 1by Larsen, on the east 516e
of to the psoposed subdivision be approached along
with another 20t; 1a the immediate vlAinity so as to install the
standard at time tit Idtvlewild a one
was built. He suggested that these
improvements be completed at this time along with the Ditz -Crane
subdivision across the street.
The Mayor said that this crate posribly is a good idea but
did not feel that this consideration should affect the map befcrz�
them.
Councilman Ssich SIZaested that the City Manager contract t:se
nearby owners and the tentative map be carried over to the n^xt
meeting.
Councilman Renettl ^_onc ::rm: ttat t:ie a; rlicatior. should 1 v
put over to January 15.
The tbavor said that the nap -onforms basically to City
ordinancea,that there are va ^tancea �n only 8 lets invclviq, a
matter of only a :ew feet. He advised action or the tentative
map tonight. Councilman ?. ?notti raid he would lice to review the
maps and the proceedings of the Planning Corsmissien until
Jan.ary 15.
The City Attorney r'fer -ed to Ordinance 117, Seet:.cn 3.5 and
3.6.
Councilman Henetti said he d;d not care what the statute
said; it is still a fact that there are 5 -A-lees of ninu. :es to
review from December 28, and that he does not choose to rote cn
the map tonight.
Councilmen Pelosi said that he has to co!:cur w±th Cnunr.ila -Ln
Henetti and he would like to review the entire proceedings dstirg
back to the original application.
The Mayor said that he sees no necessity to dig LP lnfcma-
tlon that took place In 1958 since the map before Lh•:r sneaks
for itself and it is not necessary to consider what may or may
not have happened a couple of years ago. He proposed the nap be
put over until January 8, at which time an adjourned regular rseet :-,P,
will be held.
Councilman Falosi asked that the administration get the
Snforatlon for the Coen^dl.
Mr. Crane said that he Me s :t:mitted a map which they feel
complies with the regulatiom and ordinances of the City with the
exception of a few adnor variances. be said he is not asking for
tentative map. He d i Of original
sald thst the City Ordinance provides for
enta
-j.
elm M
sdnlm lot size of 75M sq. ft less 5% for curvilinear streets.
The reduction brings the minimum lot down to 7125 sq. ft. He
repeated that there are only 8 lots out of 117 which are less than
7125 sq. ft.
The Mayor reiterated that he is concerned with the map before
the City council at rs this whi h,has riot bsomething which ace ened ato
couple of yea ago
the ordinances of the City.
Councilman Jewett agreed that he could sea no reason to go
back to the ftitmn application. However he concurred that the
plarmIng amolssion hearing was held very reotntly, on Decedher 28,
and that the Oomcil should have sdditionai time to review the
application.
Moved'D Cbwkoilaan Jewett that the tentative trap application
of Udtn -Crane be postponed to January 8, 1962• Seconded L•y
Councilmen Hensttl.
AYES: 0ov nellmen: Bennatti, Jewett, pelosi, =ch, Lazaneo
NAYS: 0ou1Imen: None
ABSEW11 C0OM2200 n: None
NOTION CARRIED:: 5 -0
B. Report of City :Tanager:
(1) The State has asked for modification of Resolution 506
so that the figure $7,500.00 T•econes $7,60r,.00 and $30,000,00
becomes :30,320.00.
It was decided to n•inber the Resolution 505 (Reviced).
Moved by Councilmen Saich that Resolution 506 (Re,iz -ae.i) be
adopted. Secorded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, P:losi, Stich, :lzaneo
NAYS: Cowncilmien: None
ABSENT: Councilmen: Non-
NOTION CARRIED: 5 -0
(2) The City of Sunnyvale has adopted a resolution OP;3s5ng
the proposed increase in the tam rate of the Air Pollution
District primarily on the basis that the said District 'us nit
Indicated any justification for sip h an increase. The Kayor
referred the natter to the e.gcnd+_ of January 15.
(3) The City of CupF ^tiro h9zi a copy of a letter frz=l the
Planning DJrector of the C;ty of Sunnyvale to the Superintendent
of the Cupertino Union. School District, Granting approve. of the
school's request for a school site and additional acreage to be
added to the adjacent high school site so uLn of Homestcai, east
of Wright.
The Mayor asked the City Manager to inquire atoc :t th -. S%at•as
of Mary Avenue and the planned improvements to Homew:2ad &tai.
(4) The City Manager referred to the Decemher lq letter Crum
the attorneys for Mr. and Mrs. Russell Pollard, 10420 Ta Cresta
Drive, Los Altos. They are defendants in the condem cation actin
by the City in its acquisition of an easement for a water pipe
along the rear of the Pollard property, Lot 132, Creston Unit i"S•
Further discussion, including the adjacent school walkway, was
scheduled for January 8, 1962 at 7:30 FM-
IX UNFINISHED BUSINESS:
A. Water Commission
The Mayor said that the next meeting of the Water Comadsalon
will be January 3, and he and tll City Manager will attend and
will furnish the Council with a report.
-7-
B, Miscellaneous:
The Mayor asked the statue of the traffic signals scheduled
for Miller and Stevens Creek Boulevard and Blaney and Steven
Creek Boulevard.
The city Manager said that he has been in touch with the
contractor and that the work will be started in the month of
January.
x ffiI8031�SS:
A. Nlseellalnaoua
None
R .OPAL C0M=Q{gTI=z
None
III ANDUMIMM
Meeting adjourned at 9:40 VM to January 8, 1962 at 7.30 PM.
ATTEST:
'City Clezic --
20
A: PRUIM'
1LCck J. iazanco
&Iyor,Zity oar �upertin.