Loading...
CC 05-07-62MAY 10 lap 10321 SO. SARA"GA- SWAWrVIUB ROAD AL 2-4505 BPS' CZM o MINUM OF THE RBOULAR m WRMIO OF = CITY COOMCIL MAY 7, 1962 pLAWS 10321 So. Saratoga - Sunnyvale Road Tills 8800 P.M. piwents 7lespatar, Fisch, Jerstt, Balch, Manettl ' J►baanLe i!li�sats< a OSS7:>�r, City Attoroo, Clt7 Oity Clerk M. =0=-m SO==: April 16, 17, -23, 26, 30, 1962 of the pi'avlhtls meetings approved ar Submitted by.mot"U of Cadnallman Balch, se00009d by Councilman Vim #and unanlmaoly carried. IV PUMIC ReAMMUSs A. NAUM S. B011a8s Application 53 -Z-62 to resona all of Lot 12 and pert of Lot 11, Mop of Monte Vista (northwest corner of BLsnmy and Stevens Croak Blvd.) from R -3 -B to C -1 -8. Use Permit also sought for gas station. Recommended bl.- Planr!c,C Commission Reso- lution No. 96. Contimsed. Mr. Butler gave a resume of his applicant ,.:. The mayor asked if there were any protests to the application. There were none. Moved by Councilmen Balch that the public hearing be closed; sec- onded by Councilman Jewett; unaniawYsly carried. Moved by Councilman Balch that the City Attorney be instructed to draw up an ordinance for this app3cation, with a use pernit to be Issued later by the City, seconded by Councilman Jewett. Councilman Dempster asked the applicant if it %as his intent to construct the motel at the same time as the gas station. Mr. Butler stated that this was his intent, and it was very likely that both the gas station and the motel would be built at the same time. The Mayor asked the applicant to review the size of the plot; which the applicant did, giving the square footage of the area involved. About one -third of the land will go to the gas station site. The applicant stated, when asked by Councilmen Dempster If the motel would be built should the gas station permit be denied, that the gas station is a necessary part of the application. Vote taken on Councilman Balch's motions AWS: Councilmen: NATS: Councilmen: AEOW: Councilmen: MD'TW CARRUD: Finch, Jewett, Batch Dempster, Benettt Norse 3-2 R. CITY T1= IMSORAXX CO.t Application 34 -Z -61 to rezone 7.6 acres from R -1 to R -3-8 (R -24 -R recommended by Planning Commatssior.) pat side of Calabasas Creeks 400 ft, west of Miller, 746+ ft. south of Stevens Creek Blvd. Recommended b. Plsnning Commissi.: Resolu- tion go. 303. Continued- !yens Below, 5179 1e Do", San Jose, was present to represent the applicant. Be was informed that the R -,24 -8 was sent back to the PLsm- U S Commission and the- agtiestlon Is now under the R -3 -3. sea. Halos, sham Asked if he still wasted to go ahead with the application as it Is sum withomt Honing Oonlssion recommendation (PLssasing Commission pmfFm004 the a �yom as 2-44 -N) .stated that 11-3-5 was :hat had Ulnaw She City Attorney, in answer to Councilman Jewett's question re- galding the planning Coadeaton action on R -24 -R, advised that the app- lication as R -3 -R is denied mince the Planning Commleelon relomma� - tion was for R -24 -R. Ohs City Cowell can either go along Commission or reverse the Commission's denial. Councilmen Jewett sold he would not like to act on this application until the Couooll bas definite approval or denial from the fgmmission an the .Jplieatlon as an 8-3-8. W. Helm stated that the applicatior has been pending for a year everything is awaltlag the Common's decision. Be Showed the Coan- thH;eDe6ges. that .MSm]i bIr Moo if the sppllcStion V" an to be an !hare wolrld be a 0, al court and gram with't d"1213106 Pool, ttilestsl�omld:lN'd%i r- �idtwo not stiwt siAthm. and each . ':etiomi8 front on a' palilia tiwt. !Rrlad by Oamaslmari 11np11'tbat the public hiaring be closed; sae - by Oomansen: Jewett. There ware no wriNan nor oral protests to this application. Councilman Pinoh's motion was mealmesaly carried. R. P, Ilman Finch moved WeSadi ec and the applicant sent !ter Pnasat�g mPpudenied �' if he so desires when the City has the necessary zoning coverage• Motion dies for lack of a second. Moved by Councilman Jewett that the City Attorney be instructed to draw up an ordinance on application 34 -2-61, including Exhibit B, Item 1 - 12 and item 13 on mchibit A; seconded by Councilman Dempster. Councilman Salch disagreed with the inclusion of item 13 as h., feels the applicant should not be penalized for a bridge which will be utilised by many other peopl' in the City. Councilman Jewett amended his motion to include Exhibit B only, deleting item 13 of Mchlbit A; seconded by Councilman Dempster. The Mayor stated he feels that the Council in not ready to act on this application at this time. He said it would be nice if the applicant would give the Council more time to consider all the trec m- merdations made by the Commission and the items brought IV is meeting. Vote taken on Councilman Jewettls amended motion: AUS: Councilman: Dempster, Jewett, Saich MRIM: Councilmen: Pinch, Benetti AHSBxl: Councilman: gone MMON CARR GD: 3 -2 R c:B- --2�ga 3 -H(R-2 Application eccmmndedZby planning C29.6 isio ja frrom joining the west side of Monte Vista Scrool, off Mt. View- Stevens Creek Road. Recommended by Planning Commission Resolution go. 104. Continued. Mr. Warner Wilson, representing the applicant, was advised that be il. consider application the of R -3 -R, and ago He givea resumeftheapplieeori There were no written nor oral protests to this application. Mr. Voss, 10365 So. Stevens Creek Blvd., one of the owners of the psolect, addressed the Council askinhc that this application be consid- astfd favorably for all that reasons outlined in Mr. wilson's resume. Ddsaussion followed regarding the gain to the City on surh a project -lm respect to the City tax be". eSMd�W �� we c1osW1 sComellman DempSterf wnodum sly carried. soft ?I Moved bg Comoilwn Balch that the Council take this application Into a study session and so into more detail, coming up with a definite anpsr at a regular Council meeting. Notion dies for lack of a second. Moved by Councllman Hach that application 52 -Z-62 be dented with- out prejudice, and applicant can again present this application when 2-2" is reemb sedalded by Comailmn Dempster. t Comeila : Deft".* Finch, ''-ich, Benetti Oo07dlNlrt.: � _ ' ComellsMOt.6. cAle1M z: ' MhJer stated i resao is not adeaaabe2y .WAlppad to wao- aw ztp�` Oat is tks rasam tee tin :alsdal with- D. Atli I#M.QBgf tied- #83-61 to- iescmm-30 acted from Sttud Maeid. �BPiaamsng Coouniselon Me �iro�94. to 31-344 Continued. awn griffin, or 17�1s•land Co., stated be rams" this application to b• osnsideaed " bI i referred to a letter that was sons to the CON0411mu oatliaiai ftM.99Nitiom regarding the R-3-4 and the 1079 in 1211eh MS appl]setian m* the R -3-3 regatresente. Moved by Cou allson Fink that the letter from Alpha Lad Co. be Made a part of this application; seconded by Councilman Dempster; and samiaomli carried. More were no bitten nor oral protests to this appiiotion. !loved by Counellsan Smich that the public hearing be closed; sec - onded by CouaciLsn Jewett;aed menlmounly carried. Councilmen Saich an that the City Attorney be instructed to pre- pare an ordinance on Alpha Land Co. application 48 -Z-61 rezoning 30 acres from R -1 to R -3-9; seconded by Councilman Jewett. The Nayor stated Ae could not understand thinking of one applica- tion In one vein and a similar, application In a different vein. Comailman Saich gave his reasons for 3pproving Ma application. cam of which is the come= anew that Alpha Land Co. proposes. Vote taban on Councilmn Saich's motion: AWSs Councilmen: Jewett, Basch JIMBs Councilman: Dempster, Finch, Benatti 10 I DBMM): 3-2 Councilmn Jewett wished to go on record as stating he oelieves Cupertino is 'singing the beat on Sood developmenta' and the City needs this type of devolopasnt. MM. Verner 113som asked the (.ovncil what toad be put on this prop- erty. The Mayor answered his saying that there was no opposition to what m" proposed on the property, but that the City is not yet teddy few this type of application. Alter s brief race", le. Storm introdwced the new City Rrgineer, Mr. Auto Lahr, and the Recreatica Director. John Parham. • 4111UVJM AID 10MOTMEMS DCl ADOrT M: OFAMMOM t 208: p t7 of Arnold Z. lours from R-ln Ao R-3-R (Spplieatise -6!), east aide of Calsbasse Creak, " ^ft. eoat4 of AterOWN =Brick Blvd. Saeond Reading. A7 Councilmn Jews" thsL Ordinance 208 be aced b title only; M ComallNSn.aai4dy :aY manino aly carried. 4l ne;o" 208 read by tlk70O>nly. saK:._1 . , rz.' ,• ,:tats... .. 10➢A. _.: .. t .. .._: w.lei�n :c.;,� '...,.�_.�a..:uif.�i Moved by Councilman Saich that Ordinance 208 be enacted; seconded bv4AIMhrilMAn Jewett. 110 COUix11m, DNpgtsr, Finch, Jewett, Saich, Benetti AA1MMts (hei11 enz 9 MDSMM CAVEOW. 5-0 2, 0MDD%jCg Dssi Sts2oasa � llon Certain d Uninhabited Territory =Wlst Carried. :awd by title 007f: sea 209 read W WMAD Only. OoheeihMr .M ss t Oedimmee 209 be emaeted; eaeoaded 1M' Hach. icAM �_ e�lr sj..h. J...st, ease. s.e.ttl Q. MCE 21ot As'MMNssea ordering stop sigem to be !laced r All staoab Mrb► the Major s08 Lt.ted Hrraona sMw.M Cawst Rlvd., namay Awrw, ror- tat Avasa, Moire scat. Mementoes mood. stalling Momd, Maclellan Nord. First needles. Oidim m 210 gives first reading by City Cleric. D. OM 3mM 211a Flsm%lag and Ors Piping cods; A6epting by Mafesmsee rortioms of the Vast@= Plumbing Officials Uniform Fisabfeg Cede. 1961 M=oan. Fish Msading. The Mayor aamd the City ffibessar specifically whet the changes were in this ordinance. Mr. rtes. read a letter from the nlnilding Offia3al regarding the ahany", whish were in the fee schedule only. Ordinance 211 read 4 title by the City Clerk. Moved by Camellse _` -�';t that Oadltrnes 211 be «t for public bmrinA; raasooded by romeilsan „ems— ester; and ussnimoa»1y carried. E. LUDDIBr 212: Elestrieal Code; Adopting by Reference the 1959 ►: ±S:on of the national Electrical Code. First Reading. Mr. Storm stated that the only changes rare in the tee schedules, the sass as Ordinance 211, and tide ms also true about Ordimnce 213. Ordinance 212 reed by title by the City Clerk. Moved by Councilman Jewett that Ordinance 212 be set for public bearing; seconded by Cohseilman saichj and unanimously carried. F. OFMMVMCg 213: UnifbsvD Basting a Comfort Coaling Code; Adopt- Ing in sw l&iti Of Western P� Otflcials cm Mee a���e riea� Ordieanas 213 read bQ title by the City Clerk. Moved by Councilman Belch that Ordinance 213 be set for public bear - 1M seconded by Cohmcilsrn Drspmter= and unanimously carried; Y. rjjdUW E 2141 An Ordinance Adopting The 1961 Ualibrs Wlding Conk, Regulating The Egesum, Construction, Enlargement, Altars - WAS, Repair, Moving Conversion, Demolition, Occupancy, Equipment. IWAj -Meigbt, Area And wortee Of Buildings or structures In AAM City Of QMomtidar lavvidimg Far BUe Irsummce Ot results And 'Hun Colleetlam of Fars,.MMMefbin Providing raeltiem For The Via- 2&t on 2haseofr, And /bpslint Ordinances Sn Cootliot Herewith. hseP~sa pdsd oYp 'athat in��d die C ns lj osti� it. fti wlw 591 am 59 emAoil Adn Jewett read Absolution 591. Councilwn Balch that lssolution 591 be adopted; Seconded by as �- 26ePotors &Z4-o nsoloqusly carried. ayrp4 f18f Jews" r lid w csb� 59�• "kid[ � se ad ear�rLilCoo. �;adopteds oond b8 sd NP,.. IL amiOfti ' >istt*i' riOrdlaB odbosl= t+ e wtrr supple to Dooadery o! aad,ssd .. water 1lns to bs pat lab t other toss can" by Asp Cliffs Development Co. O-- Imsn Balch stated thst.tbie matter should be hsmdW bg tb* Cit* 'and City ]4ngtnm*r 'Ski A a report given to the Canon. James DesavA, of Do" Cliff* Dev*lopmsat Cb., Stid he would like the matter settled so that it can be incorporated Into the sgv*smsnt two weeks from this date. Moved by CounRman Jewett that this matter and its pertinent prob- lems be taken care of by Mr. Desmond and the City hosier; saoamded by Councilmen Finch; and unanimously carried. Mr. Storm asked to speak regarding the second point of the latter. He said Deep Cliffs Development Co is asking to be paid for rem wing an old storm drain line which was found on the property, in addition to being credited with the over -sine of the storm drain lens. Mr. store stated that the removal of this old pip* is not the responsibility of the City but of the developer. Moved by Councilman Dempster that the City Manger and Mr. Dasmsd meet to iron out these problems; Seconded by Councilman Finch; Smd wnsfn- dmously carried. 2. Boatel of Supervisors, County of Santa Clam: Metter reyrdlq the vacancy on the Library Common when Willias F. Hoyt's term expires- Moved by Councilman Balch that William F. Hoyt be r000morAod for re•apgolntment for the County Library Cosalsaion; seconded by Councilmen Finch; and unanimously carried. 3. state of California, Department of Public Worms lwtt*r r*- gerdlna National Highway Week, May 20-26, 1962• Moved by Councilmen Finch that Capartiao go on record M approving the week of May 20 to 26, 1962, *s National Highway Week; seeomdsd by Councilman Dempster; and unanimously sarMed. 4. Assembly Cali;•ornla Legislatures Letter regarding the Asmsmbly Co_ - lsiolutdon No. 14. Ib* d by Councilman Fitch that Cupertino acknowledge raotipt of thf.m letter; seconded by Councilman Dempster; and upnanimously carried. rant to tm Hay Area Air PoUntllon ControlsDissttrict�rt for ra- appoint- Ibved by Ooaaodlman Balch that the City of Cupertino support the r t of ha, Asrrill to Wo Air pollution District; s000nded b� aklpstW;;and wNmu a u carried. a; VA% r 1)oi""d6e to be held lay 8, 1962• GIA; :, 1- rrv� Its "...� . 1 :.:'•., :.♦ ,.. .E 8. Santa Clare County Planning Commission: Minutes of 4/18/62. y C npaae of fitieiDC� - oL la ti st,nd req or Letter of nthe budget of $3,5W.00 for csaistance to the Chamber for the coming fiscal year. r asked to move item X H up on the agenda so that it syy nos. as commended Mr. darner M1!an and the CJ:ambar on done on the Chamber of Commerce brochure. 90'1101d this ao well done that it will benefit the City gr"UY. 14 0201' .Letter extending ceo Is - tul_atdaos tb and ion LKa'eM nw;ibsme }lrsn. Still an/wr Shia 1sftar OAR" U-0 tismams* Ot the city Comiea -7 ;+ ' ilmen JsMatti `'tZia "flee coisMaaloam. bin 1 d%iwe and oo:mol3..n shah; and easriap. - Ra g C!! lllb S7paD 69i01�t3: cx: A. MpOrt of City Treasurer Vfpo j3wan Jamett moved that the transfer of funds as outlined in tha Clty ejeft 'vs letter be executed; seconded by Councilman Dempster. Aaar CoMailmsn: Dempster, Pinch, Jewett, Saich, Bsnatti Mug Csoaeilmen: None Affi Counoilmen: None NOTION CARRIED: 5-0 R4 Report of City Engineer 1. Tract 3142, Foothills: City Engineer recommends adoption of Reaolation 596 accepting quit -claim deed from Donald A. Excell, etal. Mewed by Councilmen Jewett that Resolution 596 be adopted; seconded by Cowkeilmen Saich. AIESz Councilmen: Dempster, MISS Councilmen: None ARBNTs Councilmen: None MD2ZW CARRIED: 5-0 Finch, Jewett, Saich, Benettl 2. Tract 3o613 Stevens Creek Park: Extension of drop inlet, at 4t cost to city of $ .Do, to eliminate storm drainage problem. Moved by Councilman Jewett that the recommendation 46.00 fcrtLhen- gineer be accepted, and the City expend the necessary $3 reloestton of the drop inlet, said monies to be drawn from the storm drain fbnd; seconded by Councilman Finch. Affil Councilmen: Dempster, Finch, Jewett, Saich, Benetti MISS Councilmen: None ARBNMls Councilmen: None MD2= CAROMS 5-0 3. J:mipero Serra Freeway: Supplemental Agreement Wwmd by Councilman Finch that the Supplemental freeway agreement be .reed with the exception of Mary Avenue, and a letter of transmit- tal anUsitted to the State outlining these conditions; seconded by Dampater. Ana$ Councilmen: Dempater, Finch, Jewett, Saich, Benettl MVW Cpmoilmen: None Oslmoilmen: None '07=11 CAN=$ 5 -0 4 'lMsggic) development on Blas:ey Avenue: Complied with all require - =Uta. City Engineer stated that the City Manager had suggested a waiv- 1 g an bonds in this mrtter because of the Oman sise of the A• Couooiiwn Jswtt that the bonds and agraamsnt be waived, W(ML tads 1• a wall dtvrlmVwnt, As recommended ba tha city Manse; seconded by Councilmen Saich. Affi= Councilmen: Dempster, finch, Jewett, Saich, ,..tti Nk"t Councilmen. hone Air Councilmen: Now MMMM CARRIED. 5-0 — I by Councilman Balch that Msggio'e plans be approved; seconded by cpmeeilmmn Dempster. AV=* _F counailmmnt Downie, !inch, Jewett. Saich, Bemrtti ,. �o{OpoiLeat Slesn: _ 54.0 r sport of Ciq� Y ;.. .City.Att�oro� ssobiat 2 of Ordiamem O�P(a� along mritb mace 002(1) be °b t7ts Planing Coemlaalat a the as for review. 16ftd by Councilmen Jd"btt that section 2 of *Manaace 00¢(s) be sent 93"V with ordinance 00@(k) to n carried- IL for study; seeoAMQ by Counoilman DSapsCS>ri of Ap 1 23, Repor. of Planning Coemdasion:- Sea planning co�ssion minutes E. Report of City Manager 1. Letter regarding dedication of easement on the Saich property. Rfoved by Councilman Pinch that this letter be made a part of the records of the City of Cupertino, per the request of the writer, Mr. Kenneth R. Malovos, attorney for Anton and John Saich; seconded by Councilman Dempster; and unanl'sously carried. querting information on their study for a plan mt n oth re- ned ommunityonthe Fischer property. 3. Victor and May Jane Mandell& have purchased property on Stevens Creek Road to build a cocktail lounge. #. The American Legion Post will lease their fire-works permit to the Hisly Name Society of St. Joseph's Church of Cupertino. The City Maw will make the issuance of the permit to St. Joseph's. 5. Acquisition of right -of -way for Highway 9 agreement should be approved as soon as possible. Councilman Jewett suggested that the City Manager submit to the two new Councilmen the necessary material for review on this matter before the agreement is brought up for signing. The Mayor congratulated the City Manger on his astute action re- garding Blaney Avenue, which resulted in a saving of ;37,000.00- IX UMNISHED BUSINESS: A. County water Commission ftsre will be a meeting on May 8, 1962, at which time the Mayor will attend, and will report back to the Council. X = BUSINESS: A. Clean -up Deposits Uity Manger felt that the City now has enough control on con - sdmposdta wouldlresulteinla�ree&WtUn of paper workeand OMAInsting bookkeeping /owe by COM11man tingh Olt clan -V deposits no 1o25ar be re- quired; seoonded by Cwmoll.n iemett- AIM Coumllsm: Dempster, Pinch, Jewett, 9aich, Zanotti pounellmn: Slone ammsegrg Councilmen: none CA1MM: 5-0 IL New Chamber or Commerce proehure afar wx 9, vast 6. I As,,*aeellameeea ty cum wpor aim b iter the Comoil dad "vested he rsesestiom counsel. sna 7% of tnt totalE brill or the City "a City Manager stated tLat -the Baseball Clime WM be held hate rest year. Be rdnAed the Council that the League or California Cities L meeting this month, May 20 - 22. 1= ADJOWNEW Moved by seconded by CCouneiLann Dempster; and the naanimmously ccaarriede to May 23; Meeting adjourned a" 11:35 P.M. APPROVED: /s/ John Benetti yor A'tlf: Lummme It. Martin, Y CNN ry, ems.... _, t .twv�— � —•.�.a2i�..