CC 04-09-62APR 1.319E?
3�?t.�. 9AIGi0BA- 30�IYVAti' iii u 2-4505
.. CITl �wow AO
MMM OF THE AM MUM RN A NUnN op To CITY CMINU& - AML 9, '6=
10321 So. Saratoga - 91�aalc Road
1205 P.N.
TO a PI1G t
F
MY, or S PH89i0Q8 NAB
of the meatirig011H>3
r ved as ambmittad,' _.
IC Von= maim=.
3, Pmloals .9elehy Umftso
City Attorml, 01WCiM*. City
Nareh 19, !\rch 21, April 21962
19, Narah 21, am Ag ril-
A.. AHAN OD MAFMI 10 ft. walkeq, Tract 7122, O'Nom g the
aasth property line of lot 1, from Creston Drive nortbe"terly to
the rear property line of maid lot 1. Continued. (Resolution 560 .
So City Attorney requested that this bearing be continued to the
r►ezt zegm2ar meettng.
>ts. Pol:ard, from the audience, raked about this continuance,
Inmsrmleh as this !raring has been cw .inued zeveral times and has not
as yet been resolved. The City Attc"nsY stated he felt that no comment
should be made at this time as Me is represented ffi of comments on this.
atteawey should be present during wW
B. AI?HA rjtM CO.: Application 48 -Z-61 to rezone 30 scree from
B-1 to $; Co
stead Road.Hecommended by PlanningCom=lssion Resolution #V4
rtr. Griffith represented the applicant.
Discussion f_llowed regarding the fact that this is an R -3 -H app -
licstlan and not n -24 -H.
Conscilman Pe_oai stated that three Councilmen spent 2} hours last
weal[ studying the ;roposed R -2" ordinance and decided a study "anion
should be bold on this as there were so many points found to be in con-
flict with the needs and desires of the City regarding this type of
zoniaw.
The applicant suggested proceeding with this application as R -3-H
and UVIM. up to the Council's requirements for such coning, as R -3 -H
z0n1s0 is whet is being requested.
Cbmmellman Benetti stated he fait that this is too much R -3 -H re-
zordaM an one application. He was ready to rove for denial if the aPP-
licasSm is presewed as an R -3-8 aemoning.
Mr. Griffith stated he was md113ag to go along with any ordinance
the CUM"" desired as the appllteuts ere snrioms to get start" with
oo�Istlnn.
OsamaImen Bematti suggested that passage of Ordinance 002(k) should
be CMis Brat before voting on this application, so that the City could
be hared that all promises me" IW tare applicant will be carried out.
Its ms 4�42vd liaaness and Raewlatyms�lbrlAdoption. dlaowea It with
L. a Applisstlam 49-242 to rezone 10.3 Mores from
to M}N; 411 fL: aNdG" aE Otller, 1419 ft. ssol0r yet Stevens
�� �li� beaus Creek. areo�haaa
Ra.oaa, rpa�tird the "pplieant, i 9 a. ifsahhd of the
The 1' �L tMa appiieattion,au the City gagineer a Otfice or both.
Aft -it's pattern, and the app2iestion eat all requlivments for both.
, , ar®a1 -esitatdd in "P11 to agreement of tb *W-00 assessment
lss D! =It. lb stated that A5o.0o per living unit seems' a little
Id& that perhaps $W.00 per MWO was more reasonable.
Stich felt that this stipulation should be l0toeed from
as tamp Cowl& this putidilaP :4eRwtiai� 0111
WOW%Pr plush thigh sm"" eat fee if bty t saes sad SL
to pat Wo ieta`,1aa M for finSWIM Of 80M decal-
tall moriam"M tha bridge am.. ;.
" AttaMay be on arbitrM f - and the
' obbe be obtained eitbas tiaa wiz (ass-
or hl hoed issw.
man 311011 abated bds paaition eau that OR bPa+sar CC the cost
2roWty" should be borne by the Cats and not nay bs the ao developments
maesamatsas the bridge-
Moor lasawo reminded the COwwIl 0sagae laming Dan dasfoo resolution naapproving tlm applic�at�
is GOMMU010.
Comaailmen ?eloal stated that the cost of the bridge could not be
Wme to vdtlsb Mr. city. He asked
replied that similar estimate
brriidges have cost between $30,000
ane lm,00).
Mr. Ramona said he would a willing rto meet tlx contribution to
thi+ bridge of the neighboring developer.
Discussion was held on the question of whether or not help could
be espseted, f- anclally, from the Flood Control the strict�altronlasbee
vied that sore ielp might be forthcoming
that tapir policy has been to help in the construction of wing - walls,
not in bridges per se.
Facet Gilman 9enetti asked the reason for the 1/A mile assessment In
arem,a�udi�ence and stated that this figure was preessennteed by one o sthe
Commissioners an_ the Commission accepted this figure in order to move
the q d�6, thstnthe
Council swwould doethe It.
right thing in regard& to�the
V30= 00'figure and the 1/4 mile norm when this spplicstlon was brought
UP at the City council meatus:.
Me Nsyor asked if there were any protests to this application.
Ibmw mere no verbal nor written protests.
No II by Camcllmen Sales, eseonded by Councilman Henetti, that
the bearing be closed.
has M=ttl, Jexett, Pelosi, Stich, Lasanao
gone
N r.A.
CARRIM: 5-0
:. aamGilrmn Saich moved that the City Attorney be i10etzo0"d to
dMm an ordinance, deletir� section 13 of the Planning Commission
•yes yon ft. and Counoll womM decide what course of action Ghoul'
bP sbliered regarding that 90001010.
damn dies for lank of m
second-
{bmoilman benetti.M it that the city Attorney be instractod to
ides 4 mn ordinance agoordins jo Planning Comri+3siou 99802ation 0%;
e
by councilman Pe1081.-
tt .n u to Wsad -that
y , .TOmstt spare ifllt the motion ld 11 11 .
edb>d molt oouLd. lolli
Sul City Atturnay a0="t0d that section 13 be 18f: either b 0"
01$ in oida to keep tin ord1mce clean, as two are three weeks bu-
P. final action is taken by Coss:cil in which sow ohsrS could be
sift if so damired by Council.
CemoiLan Jewett rssoved his motion in view or the City Attorney's
stmgmv:t.
Obq taken on Councilman Senettl's motions
,Jewett, Pelosi; l�tamo ,
ilmsnt 011ie
jnoi Q by Councilman Jewett that a separmte study Naaion De Meld
as item 13 prior to esaotmsmt of this ordivarasl sucanded by Coupollman
NO
+_-
s Oowacilmen, S matti "Jamett, Pelosli Saiah, Laash*o
• SS Councilman. Now
A1OM Coimellmen: None
NOSE CAARI=: 5-0
D. WALTER S. BCTL =s Application 53 -E-6e to rezone all of Lot 12
and and Stevem of 14t CrooklBlvd) from A -3 Vista C-1-N. Us* Permit al Blaney
sought .
San station. Recommended by Planning Commission Rego-
lution
Nr. Butler was present, and in answer to a question from the Coun-
cil stated that the area involved was approximately 64,750 ft.
Then were no written nor oral protests on this application.
The application met the requirements regarding the Neighborhood
Plan and the street pattern.
Moved by Councilman Saich that the public hearing be closed; sec-
onded by Councilman Benetti.
Affi: Councilmen: Benetti, Jewett, Pelosi, Balch, Laaaneo
MISS CounaLlment None
AZMMT: Councilmen: None
NDZ= CARRIED: 5-0
Mr. Butler was asked if he had any objections to the =1500.00 coo-
tribution required for sig alisatign. He stated he had none. Re also
stated, when asked by Councilman Benetti who the builder of the motel
would be, that it was a private enterprise of his own.
Moved by Councilman Benetti that this application be postponed to
the next regular meeting in order to have a more complete study made
In View of the fact that a motel was involved and the also of the prop-
erty was so great; and, that further renderings on the motel and gam
station be submitted.
Mr. Williams, of Shell 011 Co., displayed pictures of the proposed
gas station to the Council. ve
abuse Va4mented atttthe mmettlag were note file wiithhtthe City. as
Councilman Saich seconded Councilman DMSM's previous motion-
Alai: Oouaoilmens Banettl, Jewett, Pelosi, Balch, Lasasao
s. Oouncllmsa: None
: Councilman: None
CARRIED: 5-0
man Esmstti ssisd Mr. William to Sub"t-pletuiw of the
SUA- o0bam- Bled sea Larmv>ioe StaUM'J bad, Ofteh NP. Will-
a very aNh 1110 the station proposed in Cupertino, in or-
gsepllmilsse► �s smomt r sla-& `
E. UM OrS ffArh Application 11 -Z.W to rezone 119.4 acres of
Stevens wk Wad1an, not boM1%rJ Of the City. tReco�ndedidW on
Planing Commission Resolution #44.
The Mayor road a utter from Boris Stanley, the applicantts repre-
sentative, which requested a continuance to the next regular meetiag'as
he was unable to mac this M*%,Lng.
Councilman Jawatt moved that this letter be aclao'eledged and that
this hearing be, 000 VA4, to the next regmisr:meetingh seoomded oy Coun-
cilman Saich,
CounaiLY► B"WM felt that discussion should be held, evat in the
absence of mr. ftemsy, as this meeting was being held this date in def-
azeibs to thisEappUfltiom,
that this application
Doom unt12�l�• uni the audience, rpt" that
be puL off uaLil the Ylstmin6 Consultant arrivas, and
the applioattt might ea'af` with this If so asked by Council.
Councilman peloai asked that the letter pertaining to this app11-
cation from Mr. Eruahkhov be read again.
The Mayor read Mr. Trusbkhov's letter.
The vote was taken on Councilman Jewettes motion.
AYES: Councilment
NAYS: Councilmen:
ABSENT:. Counollment
MOTION CAARIEDt
Jewett, Saich, Lazaneo
Benetti, Peloai
None
3-2
P. PAUL A. MARIAa & MATffiLDI� SOUSA: Application 41 -2-61 to re-
zone 1,314 ft. x 337 ft. at the southeast corner of Lucille R
Hghway 9 from on Resolution -Hand Appeal-
0. R C -1 -H. Denied by Plan-
ning
resAffrromm A- 2&BB -4 R- 3-HH,Aand Application
1:B- 1:B- 1 -H ;13 5 acmes at
the northeast corner of Mariani A Highway 9; 29.5 acres at the
southeast corner of Msriani w Highway 9; 11.5 sores at the north-
west Highway 9,r329 fftt�wuth of H�omesttead. Denied by the west lanningiCosrf
mission Resolution #98.
Appeal-H. thhee east side f Highway 9, 420 ft. south of Lucillevefrom A -2r
H-4 to C -1 -H. Denied by Planning fission Resolution #99.
Appeal.
I. RALPH ROD[[LOIH;� St Application 4T -z-61 es rezppe 13.1 acres
oaa AAroje tion oflLuccillle. side Of E19"may 9, about
by planning Commission Resolute
tion #100. Appeal.
fBAA.oCL wss e o45Z0 o co a
ro A to C -1� teet dfH g� 9, 45ft- sitn
Homestead Road. Denied by Planning Commission Resolution #1101.
Appeal.
Mr. Paul Mariam, Jr., representing the above applicants, spoke in
b.Valf of the applications. hie stated that possibly it we believed
that the applicants wanted to centralize the center of the City, and to
this belief he et opy sti esg
b• ll evedby mos t1M proe � zoned commercialwould gdown
in value. This too he fe t erroneous, as the valor of property is ds-
UMMIned by its appzopriate zonlnB.
Mr. Nariani related that there is to be a personneelechange in the
plannIns rfo a .dpi sips Was 00=011 until � okap twos ppllu await
The NaTV.F
A. CR MMCe 2051 ReMMM pi+oPM of R- Cali •
lYmm R -138.2 to C -1 -H and B-1; northwest corner of WC2*11$n Road
sad Niah1 9. Second Bsding.
al/em1 by Counailman Jewett that Ordinance N05 be by title
oul" g0e0mdad by Councilman asieh.
Meal aaloed if the 00mm011 debt war to $$e the NOW
.ep ype: p,ARa street Oatla�r_, Cdwd/il
aLat red 16arss the stswt
lip
-,4D %pwOals+ir0alftion amp-
4D this alwp23ittltmtu t YlaaaMhe sits he a�Z•3>red
bw- nitre and also atnwd fbr s sbegpaee of an. oommelal sisamdss
m$ vote we taken on ComAlkaa'Jewett *$ moti$a.
AIM Co:moilwsnt Benatti, Jewett, 80200101 Stich, L"00100
Nana Councilmen- Now
CBD=1aen 5-0
Ordinance 205 read by title only -
Noved by Councilman Jewett that Ordinance 205 be enacted; second-
ed by Councilman Stich.
AWS- Councilmen- Benetti, Jewett, Yelosi, Saich, Lasaneo
MATS- Councilmen- None
ABS�- Councilmens None
NOTION CARRIED: 5-0
B. ORDINANCE 002(k)s Adopting Santa Clara County Zoning Ordinance
AS 1200, Section 1417 Thereof; Being Regulations for Medium Density
Naltiple Dwelling Zoning (R -24 -H) Districts, and Declaring The
Urgency Thereof.
The Mayor stated that he will not argue with the recommendation of
the Consultant, which the City has retained, and the recommendation of
the Planning Commission on this ordinance.
Councilmen Benetti and Pelosi felt that this ordinance should be
reviewed inasmuch as a number of discrepancies were noted dun several
Councilmen spent time going over this ordinance.
Dissuasion was held on the amitabillty of the R -3-H Ordinance now
in cdatanoe for resoning the Alpha land Co. or the R-24 -8 proposed
ordinance.
The Mayor reiterated his statement that if the Consultant approved
this cadlnance as proper for this application then the City has hired
the Qoasg man if it will now r0910r *very recommendation of the Con -
wtt$at before passing os same.
It was decided to Pitt this ordinance over to the sdJaW d meeting
of Yedossdey, April 11 at 8100 P.N. Alpha Land Co. applination will
be am the agenda for gist night a2so.
C. Tarrit T DMlgrst0d *Stevan* oCrwk 140. Second Ieed-
used by 0am01102a Saich that Ordinance 204 be read by title only;
/e$ea�d by Camoilman Jewett. -
Sa161ho tae
cedinsnce 204 read by titis only.
1•eissid
by Councilman Jewett that Ordinance 204 be wasted; seconded
d:eMSilman Salch.
Councilmen:
Councilment
Councilmen:
571, A� dWatti
rnm
t DUtria foT Strdet
Benetti, Jewett, Yelosi, Saich, Lazaneo
Hone
None
5-0
r` 4W Comc -1201 s Seswlt3'tuft VAaUUOft 571 be d; sea-
:011. Jsssstt.
FOR IICAIMM: _400 :ailunss Rabe Councumens Dose
5-0
!I rlIMSTS ADD 1RlI21M COM MOATIDMS
mere were no protests submitted to Council.
1. Cupertino Variety Store: Letter regarding their intention to
lore they will rettaintth- ir still
permit or theessalebof fireworks. there -
2. Water Commission Meeting: April 11, 1962. Councilman Benetti,
as Vice- Mayor, will attend.
Moved by Councilman Jewett that the correspondence be received and
filed; seconded by Councilman Saich; and unanimously carried.
VII YAWORT OF OFFICERS AND CONKISSIONBft3:
A. Report of City Treasurer
No report.
D. Report of City Engir.eer
1. Tract 3142, Foothills: All maps and plans submitted and
approved by City Engineer's office.
Moved by Councilman Saich that Resolution #581 approving final map
of Tract 3142, Foothills, be adopted; seconded by Councilman Benetti.
AM: Councilmen: Benetti,
NAYS: Councilmen: None
ASSEMrs Councilmen: None
MDTIOM CARRIED: 5-0
Jewett, Pelosi, Saich, IAzaneo
2. Underground Water Rights - Tract 3150, Haywood Terrace:
Quitclaim Deed and Auth3rization from Camino Del Homes.
nw ed by Councilman Saich that Resolution 0582 accepting quitclaim
deed sand authorisation from Camino Del Homes be adopted; seconded by
Couosl2man Jewett.
AYESs Councilmen: Benetti, Jewett, Pelosi, Saich, Lazanec
M ISa Councilmen: Hone
ARI MM Councilmen: None
MDad* CA>R3=: 5-0
3. Acceptance of Improvements Tract 2722, Rivercrest:
aMmd by Councilman Peloai that a minute order be made accepting
the isymsysments of Tract 2722, Hiverarest; seconded by Councilman
sow".
AMS Councilmen: Benetti, Jamett, Pelosi, Saich, Lasamso
Ems Councilman: Nona
0ee00011menr Sam
Accptenes of waot• gWb
Moved by COUM12 min D"tti that a minute order be made accept3ffK
the improvements of Tract 2948, Triumph 01; seconded by 001011110 ° "Wtt.
f�gn Conmcilmsm Demuth, Jewett, Pelosi, Balch, TAE8060
NMI 00=012a ms Name
= lman, 5-0
s
5. y'mipom Serra Fronts®' Roads, Dasgm, etas .T1N City ram,
red the chamgeS, as requested by 00 12, in the letter to the
oopm .' W]Mab irYA�f .
film Gagoollmem; seedmesit .
6. . r-.- y�--..beWd FWi Mo. 32'
k'.._- 7 Plan 022 be sent to
Moved by Ossmeilsmm hlaOattl that
VO POomm4emisef' did by =%loaf.
HepaLti, 7ssatt, Pelosi, Balch, Lawns*
NMI ComeiLmims Dome
+tin Comeilmens Una
Not= CA1M030s 5-0 _
for individual
McClellan within he LrolnCiti (BSam Jose responsibility Cwerti )
splsere is now 40 for Cupertino and 51% for San Jose.
Moved by Councilman Saich thatt�City dut orney be seconded by
draft a new resolution (0583)
Councilman Y*losl; and yyalmously carried.
S. Letter from Lucky Stores regarding the Faithful Perform-
ance Road and Labor and Material Bond.
Moved by Councilman Jewett, seconded by Councilman Renetti, that
the 'Labor and Material bedh,aPertaini tot ePimp° improvements
the amount of $90,�•o0 1961 and posted by Lucky Stores, Inc. (ORWO)
Avenue, dated October 27, ' accordance with the agree-
men never been used and In'affect, and in Stores, Inc., end the City
ment dated October 30, between Luclgr
of Cupertino, said bonds are hereby cancelled.
AUS: Councilmen: Renetti, Jewett, Pelosi, Lazaneo
NAis: Councilman' Mon*
AMAIN: Councilmen: #-Ooh
MOTION CARRIED'
C. Report of City Attorney'
1. ORDINAMCS 206' Rezoning pro of yilliam Charron to
C -1 -N; Randy and Stevens 811 of L. B. Wolf W
2. ORDIMANCS 207: ns
C -1 -N; Randy and StevebebaCCrrookf Blvd.
The City Attorney stated, with reference to item 1 and 2 under
his report, that ordinances are to be introduced by mailmen and not
the Attorney.
Item 1 and 2, Ordinance 206 and 207, moved to Vedneaday, April 11,
196Q.
D. Report of Planniq; Commission
See minutes of March 26, 1962.
N. Report of City MomWr stud that a minute order b made to
1. The City NUWW regw
4z1WU st the City Olarhrk to mmee the necessary o deductions for the In-
Sun rmoe pro6rem
Moved by Councilman Dwrettl, 'seconded by Coumcilera Pelosi, that
a mamte order be soft to lamtrrot the City Clark to mab the n oeesmar7
dedmstons tot the imomi mot Fe'csrem from emploreee' psychecks.
C,,o�maoi•llm�en em
•s Datti• Jem'stt• Pelosi, Salah, 1415011100
Aft Coanailment Hone
UMOM CARRIEDt 5-0
2. Wall - Bear Lucky Stores T% City Manager stated that he
halt a variance should be granted to allow this wall to be approzimate-
2V 32 in. rather than six feet.
Councilman Jewett bested that the applieant be asked to submit
4WAWIW' -to the 8 000AMI 'Coetaittee.
*N*d by Qouno *7Wn JOWA that the City admoer be instruatsa to
Y o Wrlth.reord to a 32 in. s�ilam'f truce and to have
riir >MOme mess:!' it thta f smol "doom by
" ,E1t7ttttif _ fly Qa>Arrida
A. LlttiuoIM{Mis license for oarnival)
No by Cauasltiae ftfosl that a var!>acW bs granted in this case
aMd the fee be waived, and Making notice that this should not be prec-
aMt1t setting; Baca dsd bF Ooundliban-smtti.
Am$ Courucilmsns Banetti, Jewett, Pelosi,'Balch$ Lasaneo
IRTSt Counailmmnt lone
A111EWWT: Consoilmens More
I CARRIED: 5-0
Moved by Councilman Pelosi, seconded by Councilman Jewett, that
April be declared Welcome Wagon Month. Unanimously carried.
IX NEW BUBDWRBBs
Councilman Balch suggested that the City Manager be instructed to
inform Wilsey, Bam k Blair to cancel the contract as Mr. Srushkhov was
hired as a planner and they can no longer produce him.
It was decided by Council to put this off for further discussion
at the April 11 meeting, if time allowed, or to Was T, 1962.
Z AACRITBC URAL AND BITS CONTROL:
A. CUPERTIND NOSS=t Application for approval to erect new
storage building and remodel present store building; 10431 N.
Saratoga - Sunnyvale Road. Approved by R Control.
Moved by Councilman Balch that this application be approved, sec -
anded by Councilman Benetti.
A28Bs Councilmen:
Benetti,
MISS Councilman:
None
AESM: Councilman:
None
)=ON CARRIED:
5-0
Jewett, Pelosi, Balch, Lasaneo
B. NR. A MRS. 0. C. BISNDP: Application for approval for addi-
tion to residence, kitchen and nook area; 2056T Sunrise Dr. App -
reved by N Control.
Moved by Councilman Jewett that this application be approved; sec-
onded by Councilman Pelosi.
AaSa Couneilemns Jewett, Peloal, Balch, Lasaneo
0=1 Counoilmens None
AMAZES Councilmens Bsnettl
NDTIOM 0A1QIED: 4-0
lQ ORAL
None
1zz adjowrned at 11:35 P.M. to Wedneedey, April 11, 1962,
at 8too P.M.
APPROVED:
�t �.:,, /s/ M ►ok J. Lmatre
y p s-
�1V. �. lL.fr
i