CC 02-20-6210322 0. MMTMi- SMMAL1 iMAD AL- 2-4505
rz
.. FEB z81962
NZ Q 28B AWW
WD RF8-iiL1R MW.27s0 OF 'M CP:Y COMM,
yebm" 7 W ,'M. 196e.
PIl& ]0321 Sr. Saratoga- Simmgvale Road
&.00 P.R.
j h 94v �3Q , Jewett, Ai &yi' Salon
�er, Cit7 a Sir, City' e' e
r 20 PHiR00S -and ry 15, 25, PebrUary 5, 8.
lowed by acrosilmitn Ben/tlt, Seconded by CounoUrnn Balch, that
the Mantes ce :amvu7 15 and 25, and February 5, 8, and 15, 1962,
So moved with the rollowlM correcticu:
January ::, me 2, paragraph 6: cha ii a 600 to 800.
AM M_ Coax =' -sr: FY.aetti, Jewett, 7e_nsi, Ssich, Iaza:teo
Si7'.S_ C-tz -7i' mn: None
ABA: Cc.z: "--en: l;�rle
71f/IDO1 CARPa'- =-C+
IV 1wimr.0 MR'
Us--.- Fe= t a. plicatio: 15-U -6 :
Szr a well, t:_A _ ^. pwnpftng .'acilitlaa at -`e intersect 1.x-1 ;.r
Wolfe Road a-.- _=:a�tcis Cr ±z. 1i :Led tv ? :a^r.1r1g Coftu'.3 -:.o.1
Aeso;.ntion c, _a_ Ccnt_nled.
'Se Mcc-- :._._i for the r:eaT-�ire of = - "iry Cot_�ca.
Zouncl_._- ..- = si said that the ea:'• -- Las been disc u s -el fully
by tt< Counc - _ r.oved tY*.t Zaliforltt_ _-ter Servi_e C%r.v 17 be
6-"L• -z-' a u. e f.,- t`Lir d alias; -f - ae :1, togetne_. • -.th
t °sr, and pa- -_y- '3-11 ?ties as ie- ap;11 =, a-_:: '_5 -II -61, a.-ui .'-a due
ecrsiderati.:- '. __can to t:- fa its Of t_e t:Ma. Seconded by
Alm: Cc-z.: .^a: Benito,
NAT=: 4one
ABSe__- CC-- :_ =e.:: Ncne
M OMM CARRL . 5 -0
Jewett, :__ si, Saich, Iazaneo
B. JACK M'M :i :C-.: Applieation 44 -7 -61 --- rezone 431' x
fz,m A -2:B -2 -_ ' =E3; west aide of ]iounta'.- %ien Stevens Crec-A Rose,
soem of Malta Ylaza School, nor-.h of Ale:�l:e. Reconmended by
pla- -'rg Comte =:' zr ResolutIM 3y. Coutinun�d.
Gene Has-_'- - erreserted the applicr_nt. A clap of the subject
property was Xs :e3 and Mr. Histin reviewed the map by rerererce
do movounding s :Nets, zoning and the portion of the application
alrsft processed. He noted the proximity of the C-1 -R to tie
edstlm sctr_r: and said that the rezoning application has been
eLrassd to PO-°- zn that acccvmt.
me Mayo- asked for protests to the application. There were
210M.
AbVed by _--umilAin Salch that the hearing be closed. Seconded
sw aosocilman :nett.
t2M Comei:sen: Benetti, Jewett, Peloai, Saich, Lazaneo
MKEG Wumi tan: NMW
BMOMr: OotZ-'_ilaen: Nose
lOFMW CARRM- 5-0
ZZ *k A by Codnellsap Sa1ch tbst the City tttorney be instructed
:......:. .
as ordinance relolfO�ISthe subject DMPe11*.Y td per US
,
tion of the Commission Resolution $r. Seconded
loran Jewett. -
A Coimeilmen: Benettl, Jewett, pelosi, Salch, Iasaneo
CioUnCil+:en: bone
Ate: Councilmen: Nana
�! alum: 5-0
V AND lIONi FOB ADOPPION:
�.
201: awhiMis Speed limits on Pbr o!
Ibrhl Awnw the City. Second Reading.
+ by Ososollferlri Hill reading or &4201608 201
reading confined to UMU alatr,
by Omnallmen J
Qo�meilten somptuy Jewett, Pelosi, Sarah, Ins ano
Councilmen: lfon�
.Comcilaen: Nomer
�: 5-0
The City C.erk read ordinance 201 ty title only.
Roved by Ov_Mcilaan Jewett that Ordi:ance 201 estabilah:rg speed
11srlte on portitno of Blaney Aver and Portal Avenue within tW
MAY be enacted. Seconded by C- m- na-ilenn ?elcsl.
AIMS: CoLmilacn: Benetti, Jewett, Pelcai, Saleb, Iasanto
)KIM: Coun_i men: Hone
AMSMIr: Couslell en: Nore
ZP'%dt CARRIED: 5 -0
VI PA73]n BILLS:
A. Rasoluticrs 555 and 557.
Council,�-.:ewett reed r+eaolL :rnr. jSc.
=aged by -= mc17T
Secoca -_d by Co•_..iLrsn
AIMS:
NE='3: Cour; :,"n.
AHBLUTz. Cot: _'!en:
NMCU COMM:
A'. Benett: that L ..._tlon 555 he aop'cd.
Saich.
Pmett i, .TeWct., Sa:ca, Lasa.'Ieo
Hone
None
5 -0
Councilman :ewett read Resolution 55T.
loved by w-s cilman Saic h that Resolution 557 be adopted.
Seconded by Co=.zilman Belcsi.
ASS: Councilmen: Henettl, Jewett, Pelosi, Saick., Ierareo
MIS= Countilinen, Hone
AP_9Mr16 . Cotmcilxn: Hone
IqUON CARRIED: 5 -0
VIZ AND YR.-1TM MOMNICAMONS:
(1) _A.B.A.0.: Berkeley Neetrng, February ti, 1952: Atteadrunce
to be decided later.
(2) Petition preaenced agal^.st CrAlnaa,:e 1$71: Signatures being
ebqFfted by the County Wglstrar of Voter %.
3) City of San Jose; S. J. Rascal: T.Wer concerning Jcint
ChjgWUno--S&n Jose XXIellan D:nid- ?gig:: :'-t C eel: storm sewer true
17ae.
per: Setter deecrlbirg proposed Saratoga Creek Parir and
-' itAn Center adjoining Lawrence BzTrrasmay at Doyle load.
by Coucailman Hanettl that tho City Attorney prepare a
pdoraing the idea. ,gacooded by 4uncilmm Palo".
ISIS :, - CoimeiLeu: D metti, Jewett, Pelota, 8aieh, Idumeo
-am. Counellsen: NOW
1W=1: comet -law: ]tone
,011111 l CARRIW: 5-0
YI*I.A CP OFFICERS AND OQMEESSOIMM:
s s:lhport of City Treas:ser. So farther report.
AepDrt of City
,=-. ' tsottthr q .Of +4s•ant To to :.tba.'inhale tilt ner� air w � w.tt. `.fill 1Di"t in
in-
"I --:-7� --- --- -, 1'.
77'
W *` 1) ISSOLUnm g8 °tuthorlsfnS the >teeeaUad of AnAgreament
.. by the JUVOr and CYtr Clerk (AsseOly W004 Chareh).
- > ms Chseeh has satedtted a letter calling atteetuft to the
]Lees dralnege fees. Thor SW an exception to allow them to pal
atoms drainage for apprazlstelr am half of the 4.01 sores. The
City JbIllneares plans indicate t.at 2.55 acres are being developed
at this time. Mr. Plemdrg rep7rted tint te"poruT dry veils je %ll be
used to drain the property rather than 6; regular store drain 11 5-
T!W Mayor said he crnQC see no reason why the request shmId not
be granted, recalling that other churches sees to have wade sizilar
rests.
Councilman Jewett asked the City Engineer to explain the nature
of the request. and also the status of storm drainage in the area.
'z srmary. the City Enaineor said that the applicant would
like n pay for the sarm draimEe ci+;rges on the acre.-Re now b =lr-9
eeve -oped and pay for tine ba'.. ^n.e v r-n that is developed.
Cc„- ncilwan Jewett asked retire= ::ve existing trees will be
removal from the acre-ag- not being used at present. The Pastor#
Scastoa R. Raiser, ask&= if it is rocczszry to stiPulate tact th_y
will allow the trees or the - jrm3ed back portion to re:min, statIM
that their ?reference is t� clear the %Lola area row.
Councilman Jewett asked tht Ihstor if the church plans to sur-
face the entire area as a parking lot or for other purposes. The
Pastor answered in the negative: the rear part of the property will
be empty and no pavement will be installed at this time.
Moved by Councilman Jewett that the City approve the waiver of
part of the story drain fees at this tier_. Seconded by Councilman
Yelosl.
AYES: Councilmen: Benetti, Jewett, reloaf. Saich, Lazaneo
ULY3: Councilman: None
ABSEXT: Councilmen: time
MOTZCM CARRIED: 5 -0
Moved by Councilmen Stich t *3t Resolution 558 be adopted,
authorising t..e exec-ition of an agreement by the Mayor and City
Clerk. Seconded by Councilman Benetti.
Alps: Councilmen: Benatti, Jewett, Peloai, Salch, IA -aneo
Nam Councilman: None
A�: CouncllL-en: Ken
Y 01 CARRIM: 5-0
(2) RESOVITION 559: A- ceot_n£ L%,elcation of Real Property
from Assembly of God i uvZi.
]loved by Councilman Hsrattl that Resolution 559 be adopted,
ab"yUng dedication of real property from Assembly of ood Church.
'assedO by Councilman Jewett
AM. Coiac11WO Hepetti,
MY& Councilman: Hone None
1IICH: Cam: lam. 5-0
(3) me City sogineer
or the Jack Dymond Develoymm
Stevmae Creek Road. SWIM
usp approved by both the PL
3aft 24 dad Wet
block.
Jewett, Aeissi; Seieh, lazaneo
posted a map of the improvement plan
nt on the rest side or mountain view -
rozement Plana conform. to the tentative
nniig Commission and the City Council.
movides for a 40!.hW*Street sdJaesat
e Dymond property. ffis is in accord
ertthat:a haliNatm! It :be - metalled as
the stews -la erSeLDZi1 at tea AN&-
�r.end .aa.mdm- Aft flasmiM '
an
is
;.'a :yams aooenrarntly rLSb the DyVIona
r���1';et pamament Emlled
an each
et_ nftzd street and 022MOUK the &Mre-
ma7a that a lo' •Verianea' appears to be in
/1 41 Street from 4W te.9D•.ia the indicated
i07,022mmte the need for a Stab street betwem
em•oa-Ihs approved tentative map. He
atreat be C.angal to 30@ for appWOx12fttcl7 one
Comellmmn Benetti asked to see the neighborhood plan for the
area. Me City aMonecr answer_: that no neighborhood plan has yet
been prepared ror thin property but she logical street pattern for
the area would support his recommendat.on. Iockuood will be extended
as a nortb -south street. The Secmth Day Adventist Cb =h is p.o-
posin6 an athletic field an the south aide of an extension of the
Subject road and the melon will give sham recess. Mr. Flosin-03
recommendation would make a n' half street all the way t%rOW'%-
Tha atom drain and sanitary sever lines would be extended on this
street eliminating the need for such utilities in the aforement_M-d
stab street to the south.
The City Attorney advlsM the. a mir:ute order would re per -
n1ss1bie, granting an amendment to the approved tentative 0107.
Councilmen Saich coved that Voia Avernre to revised to a 30'
width for the full length or ti,-- Jack Dymond prol'e'rty vast
Nwsrtaln View Stevens creek Road and the stub street named Acade+7
Way be eliminated an Treat 3142. Seconded by Conacilman Jewett.
A3L4: Coonsllmen: Smetti,
HALM: Councilmen- None
A83I'f: Councilmen: None
■ 2M CARRIID: 5-0
Jewett, Pelosi, Saich. I&zwwO
Moved by Councilman Pelosl that ti,,,- neighborhood plan for this
section be prepared immediately by the City ftgineer. Seconded by
COWAIlman Jewett.
ALBS: Councilman: Benetti,
TATS: Comrellmen: lone
AHSBIP. Ooumellmm: lone
EMON CAARIBD: 5-0
C. Report of City Attormay:
Jewett, Palosi, Saich, Icsar -eo
(1) The City Atteraey read Resolution 560, a resolution of the
City Council declarin6 its later -UOVe to order vaeatioa of certain
public waya owned by tt- City and renerrir.; to the City certain
easements therein. The resolutic!L pats March 19 es the time fixed
for hearing on the above p.opasec = --anlonxM.
Moved by Coumrei]an Seich that Reaolu:tion 560 be adopted.
S000rded by Oa Del2mm Sometti.
V== Semetti, Jewett, Palosi, Saich, Iasaneo
None
ABSIM: Ommcilm u: Nome
�O: Cis 3'0
(2) TM My At'torm! tnt•- odoeod Resoiutioif 561, a resolution
of the City council changing the new of Rwggerty Drive to Apple
Tree Drive.
Nom by CN10430.n Benet4l that Resolution 561 be adopted.
Seconded by eomaiLan Pelosi.
AIM:
NAYS:
64
F (2)
-V .
Hehetti,
None
Mane
in :illaatess�tl[ - llrth+rat� 19. _ y9�=
Application 164W42= tNrVp 1 of
Mgt northwest eonwr Smosteed and
pp�pMd.yl ��tt�'OOS•!!elao.
oomwlljram asked about conditions 23.1.4. 25. 16 and
17 in the adau0akapproting the tentative sap. Be inquired
wbsther them � conditions and it so are they aet1ia11y
part ee undertook n t o e plain tentative ssnp ng or� �dIl I beyond the City
the 12 r steel i R to explain
the 12 listed in �thdbit 8. Since the map does not toiler exactly
the provisions listed in the subdivision ordirance, these conditions
were nsds part of the I"rnning Commission striate Grier approti':g
the tentative map. 1a the ease of No. 14, the subject property ran
not feasibly be tsatnsd by the city of Cupertino. Therefore, the
owner will bate to rsseb an agreement with the City of Survyvale to
provide storm dlalns{s for the subject aite. With regard to go. 15,
the applicant long' saI to locate the facilities away from the street
In contrast to the s*andard method of locating the utility easements
beneath the r1m- of -w67. With reference to no. 16, a sideealk is
provided on Only ems aide of the street whereas the standerd re-
Qulresent places a sidewalk an both aides. Condition IT is a s--:7t
of catch all phrased to eneampass arp details not specifically
mentioned.
N:. podrigmes weld be would like to discuss condition NO- 14-
The subject property arri the property immediately west, owned bi
otis purge, drained to the northeast. doth peope =ties adjoin the
City of Sunnyvale. Tba storm drain lines in all likelihood, 'aid
Mr. padrlgues, will have to be provided h reeprale which has
designed an over -rise line along the west aide of Rtghany 9 eoat:sg
I ore floor Alberta avenue. no aueetian he wished to raise eonceras
the payment of storm drain fees -- whether to Sunnyvale or Clrpertlno.
110 sold that he Heels the storm drain tees ebould go to Sunni-.ale
asamdng that they will &so. Go the storm drainage for the P6'oP rty-
Rowwter, he asked that oapertino's position be resolved before he
goes to the CYb of Suargtale to fisalire the arranpments.
Councilmen palosi said it would be his 1mpre3310n asked thhst tbO
fees abould go to the City providing the drainage
City r nager if there is any possibility that Cupertino Could
provide drainage for the property.
The City ranger said he has not actually stm tad the storm
drain lines nor measured the gee in this immediate army, but he
said he does know that there is a very adverse grade In this loca-
tion and it does not appear Ill-ely that it would be feasible for the
city of Cupertino to carry off the storm waters.
Jewett, Pelosi. Saich, Uzaneo
Mr. 1pdriguse said %bat there is a fall of 5 feet from the
street in the shldle.of the subject: Prop3ruy to ihomesteed Road,
mWdng the portaib4lity of C%mrtino providing the drainage wed•
very unlikely.
The City VASUMw described the storm desire situation at this
junction, generally confirming '::I aforwentioned statements. He
pdpds f lines
would hate to O
about 1 'lown o assurs gravity flauaa ra
this point.
F3
'mr lkyor said %Mtatlrely that the LM-.y Owned appears to
)WV* no o>gsMOn 10.10atng the City of Sawyvale draft the proPertY.
Oosncilmen Jeaitt aid ttat the City Manager abould be
justvacted to goatmot talc on the matter.
The City Attorasy reported thst an ezeepUeft to the sap would
be 3a Order and the a 7iaanL shonid I."sent eKdJe' of the arsams-
tY�nts.vjtb the aid 1bus the appl1pant'an
s
to tae 241032ationam *Mk 'City or BMW-
&Akio V difficulty
r....,.. �tateC aODlBty into the
the
Par
' Bn"tti, Jewett. 42di!
iftne
)fie
p1: 5-0
E. Report of City banger:
(2) StTM* nssdmg Coaad tee: Tba City Rhrager reported that
the 340MY 9 street n.am " ttee net In the Cupe Lino City Mli
this afternoon and no eancluri ga
on s leached on the near sane for
g10MY 9. has city of Stssavale agrees to 1e00M the road to
&=Wftl~WamatovoRDd Anna instead Surat WL Road-
Presently adehoiees.
o Ci, ;—Mi li and the Planning Caadssion base _
recomemded Do The city �2 Sm ono lao _
and . fts MeyosrOf Monte Serena rots�far the ate ElS&rew
so Ms vote UST be conclusive.
(2) no city Manger asked the Council to autborise a s;ecial
census. Tbs present osflcial population of tie City is 3.730 and
the gate ssbvsdlon asnunting to more than $8.00 per cap1ts are
paio. on tlmt ma
bans. Sw estimated population is arounS 5,1(4;
this wsald give tam city anotber $11,000 per year.
Use*& by C&ANdlamn l►losl that the city Nwager be authorized
to prOoe" vntt a special census. 3sccaded by 0ouss1200m nsieyi.
Alai: ae.adlea: anetti.
ISIM OsEMsdlaan: Rao.
ADMMS 'OM aalbsea: toe
NDrM CAN03M 5-0
Jewett, 1%1081. Balch. ++zsnea
r that It boa been isK+assi •
rA
(3) In for ill1re t the ad
gat a rl6 In f%r drilling at the northwest comer �Moeestesd It,ad
a
mad gAra, 9. W ds rill be don v- the ground
A. 1. 3 Vats% Commission:
"a Rkyer, ebo is Cupertino's delegate to the Co%Mty Water
0ondal086 stated that he use not in attendance at the last meeting
due to tlna >!et tbat he had no ratification of the meeting nor t�
agenda.. go "ported ttut the City of Palo Alto is droppeirM
tbs OeMj{ajj4Mk. Bpd the• Los Altos, Mountain View and Sunnyvgle
appear to be aging likertea.
>!. Nita, Treat 3D61, Stevens Creek Park, Ift-
Oil lops &dab vacated his Council seat.
-ti-
Camcileen sasoh mid tbat the city, *Mar should check with
:_wale on the hatter.
Mw Reyor mid tentatively that the c1 y Cou nail appears to
lave no sW�on to having the City of Senp^eale drain the propertT-
Connclleen Jewett said tint the City Manager should be
3pstzucted to contact wale on the matter,
The City Attorney reported that an eUep6lon _to the imp would
-hse it oiler and the applicant should -present evidahsde of the a! "90-
,flrnCs. dth the City of Ala• %ne allovlug the app sold
Amerelim to tie stohsardha s�nhtdotis • f sha�ry"
OoonedLwt:
e s•` Councilmen
t
107 dth the Ixva o _
q � 4c"" a V� irrito they
omins off the �� P t " ..-
ittd ttst thi Cal+ Ciodiadl • °r° the
Dee, Jr., applisat1W `ice- , as 1>ri'
Cowdssico dated FebmM 13, 1962-
H�haeti, Jewett,' PMloed, adah, razanoo
NNW
ions
5-0
Z. Report of City Manager:
(1) Street nesdtmg Cceaittee: The City Merger reported that
the R16hway 9 street namlog eomittee net in the Cupertino City Hall
this afternoon and no conclusion was reached the new name
road to
Rigbaay 9. Tie City of Sm nyvale agree h rename
le Arad.
amrMwale- Saratoga Road instead of Saratoga- Sumnyva choices.
Presently hhontalvo, De Anna and ffi Serem are the leading have
>bs City Conecil of Qnyertdno and the Plaming between Rontalvo
rroornded De Ansa. The latest vote was split 3-3
and De Anse. The Mayor of Monte Sereno vote for the nave ::1 Sereno
so his vote nay be conclusive.
(p) Thee City Marnger asked the Co:a+e11 to authorize a s;eei: i
census. The pmssat omficlal population of the City is 3.7300 ar-1
the State subvention wommting to sore then $8.00 per capita are
Sold on that basis. The estimated population in am ni 5,100;
this would give the City another =11,000 per year.
Moved by 00001412001n Alosl that the City r be authorized
to proceed with a spacial census. Seconded by Covnellman
AMM: Councilmen: Rensttl, Jewett, halosi, Saich, Lazan ° -o
Rasa Oates11men: lone
ABS W- poeweilmea: lone
NMOY Ckyja bD. 5-0
(3) The City Manager reported that It hie been impossible to
pt a rig in for drilling at the northwest comer of loaestead R0zd
and M 9• This will be dons when the ground
MY.[ BUSIEW:
A. Casty Hater Casnalsalon:
The lfayor. who is Ctpertino's delegate to the county Water
_
et
due to the feet that he had no c t
notification fthemeetingsnor anY
!o reported that the City of Palo Alto 10 dropping out of
theme OMIN don, sad tha► Joe Altos. Mountain View and Sunnyvale
appear to be doing likewise.
IL Irription Lima. Treat 3061, Stevens Creek lark, 3hc.
Owmallan Ssioh va. rt:ed his Orman seat.
t
t� -6-
(2) The city Attornq introduced Resolution 561, a resolution
of the City Council changing the name of laggerty Drive to Apple
Tree Drive.
Ma red * COmrollmaa Beenetti that Resolution -561 be adopted.
Seconded by Councilman 101051.
AYES: 0Ow0011*an: tti, Jewett, Peloai, Saich, iAE6ae00
NAYS: Cowmcillm.4 None
1J�1,0 .,*aQ
j s z
g at _
; pplication
jgt � AM, northmatet sornsr Hbtzeateed and
. �k � hlpesved bN Y1asule� "Odtttteaasdon.
an' wal io eemet&I aoftd about conditions 13, l;, 25, 16 and
17 in the mUnte nadir appaovirg the tentative map. Mo ln*dr'sd
wbmthop thM maw ltarrdesI eooattsons and if so ash they aeWdls
part of Ishibit B. 13W tentative map me posted aid the r-LtY
goginser to e3 ain the meaning or 000nditiono bboyand
the 12 listed an ambit H. Since the sap does not fbllaw exactly
the provisions listed in the subdivision olawlaence, these conditions
were made part of the Planning Cemalasion miratte orler approvig
the tentative lap. In the case of No. 14, the subject property an
not feasibly be trained by the city of Cupertino. Therefore, the
owner will have to reach an agreement with the City of Sunnyvale to
provide storm drainage for the subject sire" With reVuld to MO. 15,
the applicant proposed to locate the facilities away from the street
in contrast to the standard method of locating the utility easeme 'Its
beneath the right -of -way. With reference to No. 16, a sidewalk is
provided on only me side of the street wheals the standard re-
quirement places a sidewalk on both aides. Condition 17 is a so_•t
of catch all phrased to encomp►as any details not ap- wifically
mentioned.
M:. Rodrigues said be would like to discuss condition NO. 14.
The subject property ar,i the paoperty immaediately west, owned bi
Otis Purge, drained to the northeast. Both properties adjoin the
City of Sunnyvale. the storm drain lines in all likelihood, =aid
Mr. R>drigues, Will gave to be provided by Sunnyvale which !was
des'!S.•ed an over -size Tina along the west aide of 1h9wway 9 caning
down from Alberta Avenue. Me question he wished to raise concerns
the payment of storm drain fees -- whether to Sunnyvale or Cupertino.
He said that he feels the store drain fees should go to sunrvNale
assuming that they will provide the stone drainage for the p vfr rtY-
However, he asked that Cupertino's position be resolved before he
goes to the City of Sunnyvale to finalize the arrangements.
Councilman Peloai said it would be his impression that the
fees should go to the city providing the drainage. He asked the
City Manager if there In any possibility that Cupertino could
provide drainage for the property.
The City Maneger said he has not actually studied the storm
drain lines nor measured the grade in this immediate area, but he
said he does knew that there is a very adverse grade in this loca-
tion and it does not appear likely that it would be feasible fcr the
City of Cupertino to car17 off the storm waters.
Mr. Hadilgues said that there is a fall of 5 feet from the
street in the mldao of the subject prap�rly to Homestead Road,
mrkiag the possibility of Cupertino providing the drainage seem
wry unlikely.
The city >kt�aMer described the atom #To" situation at this
junction, � confir1�sdagg 'h- aforcmentioaed statements. He
said that while no eatabl3shed flow lines exist, the storm drain
Ides would have to go about 10' down to assure gravity now at
point.
-!5-
(2) MW City Attorney intrcdueod Acoolutioh 561, a resolution
K2 the City CoLmcdl thangi% the name of Fag;erty'Drive to Apple
,are Drive.
l coed by Counoi1man Benetti trait Resolution 5561 .be ofopted.
"aided by Oouncilaan Peloei.
sq; �tc.nciLysn: Benetti, Jewett, Pelosd, Saleh, idrannan
c CamciLrn: None
Councilmen: Moos
alum,g'Q
,' .^ �"'. �S4[ •��� _ . ^nil � .. .'
5*-4 j Bea' AyDlicatlon 1 of
sz tislttlb! , northwest o0
and
on.
by
r. Ca m d1sen Benotti asked about condition 13i � A 15-=16 a'ad
lean the siamte order approving the tentative map. >b inquired
• th9M were -standard conditions and if so ave they a6"!Lly
of ltchibit B. The tentative asp was posted and the Cii7y
>oe�lmeer undertook to explain the weardng of the conditions, beyond
the 12 listed in Exhibit B. Since the cap does not feilow exactly
the provisions listed in the subdivision ordinance, these conditions
we=e made part of the YLatuLtng Commission minute order approving
the tentative map. In the case of No. 14, the subject property can
not feasibly be trained by the City of Cupertino. Therefore, the
owner will have to reach an agreement with the City of Sunnyvale to
provide storm drainage for the subject sire. With regard to No. 15.
the applicant proposed to locate the facilities away from the street
In contrast beneath the right-- ofraay.�Withre reference to No. 16,rtalsidewalkmects
provided on only one side of the street whereas the standard re-
gLdxement places a sidewalk on both sides. Condition 17 is a so:.,t
of catch all phrased to encompass any details not specifically
mentioned.
Mr. Rodrigues said he Wald like to discuss condition No. 14.
The subject property wel the property immediately west, owned by
Otis City Forge, unnyvalee. the northeast. Both
inpall -1 kelihood,ncald
Mr. Rodrigues, will have to be provided by Sunnyvale which has
designed an over -size line along the west side of Highway 9 coming
down from Alberta Avenue. the question he wished to raise concerns
the payment of storm drain fees -- whether to Sunnyvale or Cupertino.
:it said that he feels the sum drain fees should go to Sunnyvale
assuming that they will provide the storm drainage for the property.
However, he asked that Cupertino's position be resolved before he
Soon to the City of Sunnyvale to finalize the arrangements.
Councilman palosi said it would be his impression that the
fees should go to the City providing the drainage. He teked the
City Manager if there is any possibility that Cupertino could
provide drainage for the property.
The City Man&pr said he hem not actually studied the storm
drain lines nor measured the grade in this immediate area, but he
said he does know that there is a very adverse grade in this loca-
tion and it does not appear likely that it would be feasible for the
."Sty of Cupertino to carry off the storm waters.
Mr. iodrigues said that there is a fall of �) fast from the
strawt i:j the middle of the subject prop!rcy to tbmeatead Road,
Wom the posaibilii;y of Cupertino providing the drainage seen
vow unlikely. -
The City Engineer described the storm drain situatiat at this
Lon, ganenilly confirsiM tla afommentioned stateMPAte. He
that while no established flow Linea exist, the stoM drain
d bave to go about 30e down to assure gravity flow at
Wit.
.'Ouncilaan_sKoh said tbet the City %nager, should check with
g,mayvals on the fatter.
The Mayor said tprtatively that the Ci y Council appears to
bave r'4' We0k" to baying tins City of guwgvale drain the property.
Councilman Jewett said that the City Manager should be
eructed to Qoetmet SWMV"e on the matter. . would
The City dt��p7p1ri0paon� �' ea eaetpnOn to the asp arra
beIrt order e the UW 03, t Lg pressnt ev1d ao! tP� °-
to :. mdth t CSlW of 9mny
! difficulty
jH. at..deeE awoosrty into the
^`.�,�t *v +�i42 • •? ' ; :::: g�v the
rr�. `tit .tlli CSC �2, se per
•h�iQe�idCO dated yebr4ar! 13, 1962•
bW
zi-f �p ti, Jewett,`PS1osi, Saich, 7azaneo
Hone
Comein
None
CAiF
S. Report of City Manager:
(1) Street uemdng Committee. The City Manager reported that
the y 9 street namdng committee met in the Cupertino City Hall
t2ds afternoon and no conclusion was reached on the new name for
Righway 9• The City of Sanugvale agrees to rename the road to
uWvaie- Saratoga goad instead of aratoga-Sunnyvale Road.
- %
presently, Moatalvo, De Ansa and El a planning ng the leading choices.
The City Council of Cupertino and the lanning Commission have
recommended De An=a, The latest vote was split 3 -3 between Montalvo
and De Anza• The Mayor of Monte Sereno vots for the name Al Sereno
so his vote may be conclusive.
(2) The City Manager asked the Council to authorize a special
census. The present orficisl population of the city is 3,(30 and
the State subvention am*unting to more than $8•00 per capita are
paid on that basis. The estimated population is around 5,100;
this would Hive the City another $11,000 per year.
Moved by Councilman pelosi that the City Maniager be authorized
to proceed with a special census. Seconded by Councilman Saich.
wett, pelosi, Satoh,
AYES: sn
CourAIIS: Benetti, JO
zaneO
MAYS: Councilmen: None ABSW: Councilmen: None
MOTION CAF4U3Ma: 5 -0
(3) The City Manger reported that it has been impossible to
get -a rig in for drilling at tho northwest comer of Homestead Wind a d Righmy 9• This will be done when the ground dries out.
1Z twINISM® BUSIIZ9S:
A. County Water Commission:
The Mayor, Who is Cupertinots delegate to the county :later
Cogdssion, stated that he was not in attendance at the .sat meeting
Qum to the het that he lad no notl'Cication of the meeting out of
Re reported that the City of Palo Alto is dropping
UN oosadssion, and that Los Altos, Mountain View art Sunnyvale
a1�psgr to be doing likewise.
H. Irtigation Lassa, Treat 3061, Stevens Creek Park, Inc.
CosamdIAas Ssich vacated Ida Council seat.
-6-
Nosed by OMM110ft Tewtt that the matter be continued to the
ai1rl� prop►ttiea negotiations
XU ae~ i�rrigatlon -1110 queestiod,
tlm� reap' the problem. Seconded by OoUncilztan PllOai.
AM: counallmen: Berettd, Jewett, Pelosi, Iazaneo
Cwmcilmen: None
Councilmen: Balch .
CUfi[ 7D
poumcilmam Saieh regungd hie seat on the City- Cbmsil.
Ox
Itt. V1eML A 3aa tl� balding.
aC- revLmsd plasm,.pldf
qJk
eneagtious,t of ffiglsiay 9:
t, IW
M.;t- :. 204M 81-- 2Verado, asked how'the property would
I. Y. and him to connect and pay
� M ;•aMered asd if it mould arc
relmbuurreement agreement allowed by the Sanitary �Districtiwhereby
WO owner can connect at such time as he chooses and mace the
meeessary payment at that time. Mr. Pl:,.®er asked about the set -
banks, particuarlY the side Yard setbacks for the propDBed building. front and 61 for each side. A
Sm answer was ll
masonry wall' will separate o a
the commercial and residential areast
from building setback line south and a 3-foot masonry wall from the
banding setback line to the street. The City Engineer advised that
a commercial sidewalk will be install along with glectrollers
not
the requirements for commercial property. said
situation.
at the moment familiar with the gradin8
Councilman: Jewett stated that the application before them con-
cerned archi t
as the esthetic features ofa property. generally
Theengineering details
would have t: be settled by the City Engineer's office prior to the
issuance of site clearance.
The Mayor further advised Mr. Plummer that the e hard a could
d
not apply for a building pernit until the City Engin e
the property for site clearance.
Rose Giddings acid that the exist Cif service station
answered 4
feet above the adjoining props
that the existing curb and gutter control the grade and that standard
requirements will be amt, affording the adjoining propertles
drainage protection.
The City Manager said ant the masonry wall required between
sasldential and eommozeial properties would also serve as a pro-
tection against nun-off.
Moved by Councilman Benetti that the City Council grant
arebdtectural and site approval for the naught and Givich property
(UPOUCation 31- 1S -61). Seconded by Councilman Saich.
AM: Councilmen: Benetti, Jewett, Pelosi, Sa-ich, Iarar -eo
Councilmen: None
Couneilnen: None
Wram 5-a
J. A. MINME and STAN - a for approval for servSceRsta�0o; northwesticorner off B1aneY
•rJolllawar. approved by H Oontro:. Conditions.
p was posed; the rsadering submitted by the -3t =ftTd
0 ma wan also displayed. Oourcilman Beretta asked,Mf mt
sWui !m tW piapting scheme. The Mayor aasmsrad hat
s tbds applies Haar the corner only around tL$ PU"Or.
d.taat tse. be ttees• in the rear.
!aiah that the application of J. A. Morei:g
Mbved by Comallmsa
.tS &td 011 000VOW . for architectural and site approval be
A>mantod as per recosessoftWon of the a Control Com!aIttee. Seconded
by Counclinan Jewett.
Councilmen:
Councilmen:
AO P: COIMciloeu:
10Dli CAMCM :
aa:
by H
the two
as the :t
riappaar+a
not desmdtr
lit 331os.
Heaetti,'Jesett, Pelosi, Saleh, UUWI%eo
None
NORM
{ UP.: Applicati0n :33- AS-62--for ^VOreissiOn
0I0+69, Lots 39 thru 49, Tmat 2880.
sae If-.thatclt7 liNSi msm,
%MUW -that tftMP'3s brick
l,rcrmerly but not on the papers
m. The elevations and building
- respects and he amid that they
papers what the building would
Cveneilaan Jesatt mewed tbst the application belrei� back
So the H Control Cbsittee. Second by
AM- Comrlheen: Henetti,
Miff: councilmen: Nona
Ate= commalmen: None
NiOM CARM:>ZD- 5-0
Jewett, Pelosi, Saich, razaneo
Soar dise9saion followed ooz"rning a change in plans. The
Clsiee -2 agreed that they should stand by their original approval
acs not accept anything different.
D_
a�sqmsnt housees: no'rtthwest r of Stevens CreekrBlvd. and Hish-
waa 9. Tract _761. Approved by H Control. Conditions.
Councilmn Saich vacated his Council seat.
Camcilsa= Benetti looked at the elevations and then main-
tained that the sketches submitted a long time ago were not the
stye as nou presented. He asked to see were name
the the s. previously
the Cit7 Clerk if the present drawings elevations
pmoitab2y presented a on
s part oOr the rezoning application and part of
the tentative =,- application, possibly with variance applications
amt it is possible that they may not be the same.
C4mmilner. Sewett said that the previous application concerned
T=MmjrAL, tentative map, etc., not architectural e
control; therefore
fore
as: architectural data submitted as pa
concern the present application.
Nosed by C- mellman Banetti that we look at the original
prlmfs Seconded by Counci MA ltlosl.
AMI: councilmen: Benetti, Jewett, Pelosi, lazaneo
>MM _ Councilmen: if.
MUNIM COUntilmen :AS�aich
ADS :
Mw Mayor -declared a reeesa so that the Council could examine
We VM. ous applications.
Nlvtminatioe of the former apgiieations showed that t`.e same
pEU" as now m2eitted xers stik+dtted before but that drawings
_% w subsdtted with the rs.@mdMia application which gave
d he was
asaft o" aspect to the npartaa:ta. Ls to the first
A6"Mgled and that be prefers tae Present Pain
Moved by Couneilssn Jewett that the architectural and site
? i
application:. of Hesbe'rt Wells Inc., application lb.
t.6¢1' be wanted for pins 100 add 101 aw por the recorlienda-
�is of the H Control Committee- Sec *nded by councilman Palod .
ASM Councilmen: faendtti,
Councumen: home
Councilmen: Balch
` c �'i` tbsne$
lt.n eaieh
iF.
Jewett, Peloei, lazaneo
rpe#f Yrci t6riddElu�k ... r
'tLa$"he hii`rlteady feMeormMlaed
Mow "Min wwu�
ptrtmQnt 1*1Y ream$ wtli Ae better. The
year will be ' ffor Wilding and this is anotber
Lion that a City department should be started in
ajar to beep Pace with the dMeelopment of the city. 'mew city
der said that his opinion Concerning an engineering
eta "I1 the aim and that 1n=tbenoxt that the City advertise
mat aegineer and therefbre, be suggests
for ma qualified civil engineer.
7he City is not doing the job properly when the engineering
teo!I is out on contract and being a separation that worts to the
e City that ie mttiZ that eng r-
on by contract such at present noasBooduaina
ppaaUty.Hee asked permission to advertiser oemploy city engineer.
Councilman Benetti said that everyone knows his position on
the matter; he feels the sane as he did before.
The Lffiyor polled the o-inion of the Councilmen, one by one.
Coucilman Pelosi said the question is "whether or not the City
is big enough to handle its own engineering ". He observed that the
vote was 4 -1 to retain Mark Thous CO., Just a short time a5^,
the Consensus being that a city engineering department aauld not be
snf_lable at that time. The question revolves around
Thep veiling readiness
of !2s City to start its own engineering work.
foe2lM now Is that the City is big enouWi. He said he would like
to bear from other Councilmen.
Councilman 9aleh said that he agrees with Councilmen P 8si,
me
is tbst he would like so faets and figures, who gudM to hire, number of employees, salaries, quarters, etc. He
rov=e i to the previous reports, saying he would like to look at
them again. Be again asked wOrie such a department would he housed.
The payor said that the DO - 11 has given the matter thorough
C%Eft thioue, the past wombs and considered the hiring of a
MWKMr City >bgineer, tbavasb the City administration. Be agreed
ek
tr the City has g<ve, n as Csmeeilnan Peloai has stated and that
it `1s now ready for an wn 1 ' wlft departmnt after a slow trarm con
a[ weraaent and that if the CM7 lager changed :Instructed will
tdow months to establish an engineering department. In summary, he
me" he eonearred with C V00129en Benetti and Pelosl.
Councilman Jewett said that 'as I stated before, the City was
1`^t DMIO`y well have Changed. p�rdln fo:merepo'
,they may fit and :bey try not. 'In conclusion, Uds mty
opportune time to aspslss an enginaerle� departarnt� he
moddL
Councilmen g61051 aid I so move" - to instruct the City
antstart
raedlatey proceedings, advertising a City Engineer. Seconded
by Oftncila i% Henetti.
AIMS: Caneilmenz
In=: Cotmailmsn:
A?'�Qf: Comcilman:
l C&MXMD:
tbsr `YC
H®ntti, Jewett, pelosi, saich, Iazaneo
1fDOe
hi0ne
5-0
Wthera is s time conflict between
ty Council. He aWced that the
t9o-,Xwtbardwq
tba fi* W tings should be set up as not to
zl4atkc.PW voanua a"°"•
' C6onOi7asn Jewett
r and again
ilk air of tWmatter.
iBiEed tbnt t5! 'Tor set a dab for
�t submitted by the City
Itlyp
"a
20" schsdu]e such s sastiag.
za Ceti 661mbiacArm .
1) hh neat. J. Hine, 10327 Yestacres Drive, proposed that the
City anglaner sit down with the terstrol Committee so htdhe'can
be fully aware of engineering
etc., and answer questions such as those asked by residents of
Silversdo Avenue tonight.
the Mayor answered that the H Control Committee looks at the
design only, not technical engineering features. Uith regard to
the subject property, Highnzay 9 including Silverado Avenue was
zoned commercial long before the incorporation of the City. He
assured Mr. Hine that the City will see that all grading is bene-
ficial to the neighboring residents. However, the H Control Committee
has no jurisdiction over such features as graded. He stated that
the neighboring residents will not be placed in a hole or in any
disadvantageous poaition.
Mr. Hine said there appears to be a loop -hole in the procedure.
If site clearance is granted and the people are not satisfied, they
have no recourse to hearing, but can only go to court.
Councilman Pelesi said the City has to provide for proper.
drainage and sewage disposal. The City Engineer has the final say
on such matters as grades, drains, walls, etc, and that these
matters are not a function of the Architectural Control Committee.
Mr. Hine said that the final grade was not taken care of down
the street on Silvemdo Avenue and there seems to be a gap in the
procedure whereby no elected or appointed body is able to discuss
certain matters. He then referred to Yestacres subdivision, saying
that 2' of dirt lies against the fence on the e ap adjoining
per Treeside.
The elevation of Pepper Thee being 2' h1BM
subdivision makes a cause of concern to the adjoining subdivision.
Tore Mayor answered that the City Council is fulfilling its
responsibility and in the case jusi, mentioned, final inspection has
not been made and the grades will be properly adjusted at that time.
Councilman Pelosi said that Mr. Hine may have a good point,
that the Council should look into it in case another development
raises the ground elevation over the adjoining property.
Councilmen Hanetti said that this is an engineering matter
not an H Control matter.
Caneilman Pilosi noted that the city Council never acts on.
the &VpU@&Uou after the architectural and site control is released
to the engineer and building departments.
.10-
The City Manager stated that any such spot as rentioned by
Me. Rine Will be ieyelad and properly graded and seen to by the
Dmilding M2spector.
The City Agineer said that the grading plans do have to be
approved by the IDgineering Department and that the grading must
tie in with the adjoining Zwoperty.
The Mayor concluded by ssYing that the pmjeet ender discussion
Is sot soaplets and that Um dirt will be removed when the pebject
L Y nl*Ad and gins !Ella laspeetion by the CM. Ra added that
mss• line ineiam tIms that the Comeii is not lalful2l g
Ift lmm lam:
fte meeting ma adyoYdmnd at 10:10 P.M.
ATTEST:
City 1 �
e
APPMdVED:
/s/ Nick J. lazanew
yor
-21-