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CC 07-02-62°" JUL 9 i50 10321 S0. SARAT0OA-3UNMALE ROAD AL 2-4505 C I T Y OF C U P E R T I N O Mow= OF THE REGULAR MEETIAO OF THE CITY COUNCIL - JULY 2, 1962 pIACE: 10321 3o. 9aratoga'Sunnyvale Road TM: 8:00, P.M. I '"M TO "M KAG t,;Cdi6rod]ra `preMrits D4aipeter, Finch, Jerett, Balch C•dtaldilaen Absent: Hsnstti Staff Presents City Manager, . a%At IMnma� Engineer) mm�tirfa is hios capacity Abmnc* Councilw&s Jerett presided over the III KIND 3 OF THE PRSVI00.4 marrI Os: June. 18, 19 and 26, 1962.. Councilman Balch moved that the minutes of.the meetings of Jams 18, 19, and 26, 1962, be approved as submitted; seconded by Councilman DOW- star, and unanimously carried. IAA REPORT OF THE PURNDp COMMISSION: (See Planning Commission minutes of June 25, 1962) Commissioner Snyder, Chairman of the Planning Commission, informed the Council of the inclusion of a statement of policy in the Com icalon's recommendation for Ordinance 47A; and that the planned Community ordinance should be ready for the Council by the end of this month. V ORAL AND WRITTEN COMMUNICATIONS There were no oral comminications. August 2, 1962, is the new date for the Inter -City Council meeting at the Nite -Rap Restaurant. VI PUBLIC HEARINGS: A. ALPHA LAND CO.: Applicaticn 55 -Z -62 to rezone 30 acres from A -2:B -4 to R -24 -H; east side of Stelling Road adjoining the south side of the future Junipero Serra Freeway. Recommended by Planniga Commission Resolution 109. Mr. Philip Ingber represented the applicant. There wire no oral nor written protests to this application. Mr. Ingber stated that 90 units are planned to be built at one time. (This refers to the applicant's.proposal to develop the property one section at a time for financial reasons.) He also stated that the plans now being drawn up will stow 14 units per acre. Councilman Dempster felt that the Planning Commission Resolution should be adhered to, as it calls for 12 units per acre. Mr. Ingber, who was not present at the meeting during which the 12 unit per acre figure was agreed upon, stated he felt the applicant should not be held to 12 units per acre when the zoning ordinance allows 16 units per acre. Councilman Finch also felt it unfair to hold the applicant to 12 when the ordinance calls for 16 units per acre. Moved by Councilman Balch that the hearing be closed; seconded by Councilman Finch; and unanimously carried. Moved by Councilman Balch that Planning Commission Resolution 109 be approved, and the City Attorney be instructed to draw up the pertinent sonSM ordinance; second" bW Comollman Flneb.- c -1- AYES: Coune4Imen: NAYS: Councilmen: AHSZW: Councilman: MOTION CARRIED: Finch, Saich, Jewett Dempster Benetti 3-1 VII ORDINANCES AM RESOLUTIONS FOR ADOPTION: A. ORDINANCE 217: Rezoning property of Victor Calvo from A -2:B -4 to N -1 -H; 2 acres on the rest side of Highway 9 adjoining north side of future Junipero Serra Freeway (application 54- Z -62). Sec- ond reading. Moved by Councilman Saich that full reading be waived, ordinance to be sird by title only; seconded by Councilsen Finch; and unanimously carried. Ordinance 21T read by title only. Oilman Saich moved that Ordinance 21T be exacted; seconded by Cameilman Finch. Affil Councilmen: Dempster, Finch, Saich, Jewett NAYS: Councilmen: None Affi8Q: Councilmen: Benetti NOTION CARRIED: 4 -0 B. ORDINANCE 47A: Amending Ordinance No. 47, Being the Subdivision Ordinance or the City, By the Addition of Section 27, Establishing Hillside Subdivisions. Recommended by °lamming Commt_ssion Resolu- tion 107. Upon recommendation of the City f Attorney, y, Councilman Dempster of moved that this item to put on the agenda Bu Council, July I`, 1962, to allow Councilman ample time to review subject Ordinance; secc:tiie3 by Councilman Finch; and unanimously carried. There were no comments from the audience on this Ordinance. C. RESOIiT_CN 617: Approving Final Flans for the Improvement of the Central ?ire Protection District of Santa Clara County, Cuper- tino 3tati:n, and Accepting Streets, ways, etc. Pbved by Czxicilman Saich that Resolution 617 be adopted, Approving Final Plans ror -:!-.e Improvement Of The Central Fire Protection District Of Santa Clara "- -.nty; Seconded by Councilman Dempster. AYES: Counci' --ec: Dempster, Finch, S:.ich, Jewett NAYS: Councilmen: None ABSENT: Councilmen: Benetti NOTION CARRIED: 4 -O Pbved by Councilman Saich the Resolution 620, Being A Resolution A cc a pting Dedication of Real Property From County of Santa Clara On Behalf of Central ?ire Protection District, be adopted; seconded by Coun- cilman Dempster. AYES: Councilmen: Dempster, Finch, Saich, Jewett NAYS: Councilmen: None ABSENT: Councilmen: Benetti NOTION CARRIED: 4 -O VIII PAYING BILLS: A. Resolution 618 and 619. Moved by Oo%=cilman Dempster that Resolution 618 be adgted; seconded by Councilman Saich. AYES: Councilmen: Dempster, Finch, Saich, Jewett WAYS Councilmen: None ANSIMPt Councilmen: Benetti MOTION OLIUM D: 4 -0 Nbsed by Couwilmen Dempster the Resolution 619 be adopted; seconded by Cotaeilman Saich. -2- ATES: Councilmen: Dempster, Finch, Saich, Jewett MUM: Councilmen: None ABMW: Councilmen: Benetti NDITM CA.RRISD: 4 -0 IX 'REFORT OF O.MCERS AND COOKESSIONERS: A. Report of City Treasurer Tbm City Manger brought up the subject of transfering money from tbD Sim Jose Branch of the Dadk of America to the new Cupertino Drench or Melts Fargo - American Trust Co. Bank. Moved by eouocilman ,DEmdttimf'ihati�sabject transfer of money from the Binh of America to Yells Faso- American Trot Co. Bank be approved, mrlb fount the. City naasaer and -C1ty Clerk be authorized to sign .the noe- esralt franafar lapeiym; becon d by `Cola dilman Finch. AMW Councilmen: Dempster, Pinch, Saich, Jewett NI1!>f:. Councilmen: Dibne ABDDDDD ID _ Councilmen: Benetti MaII� CUMM: 4.0 B. Report of City Engineer No report. C. Report of City Attorney So report. Report of Consulting Engineer. Shell Oil Co.: Resolution of The City Council of City of Cupertino Authorizing The —Execution of An Agreement By The Mayor And The City Clerk. Moved by Co=zilman Dempster that Resolution 622, as stated above, be adopted; seconded by Councilman Saich. AYES: Councilmen: Dempster, Pinch, Saich, Jewett RAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTIOM CARRIED: 4 -0 D. Report of City Manager 1. Extension. of Foothill Blvd. to Mt. View- Stevens Creek Road by Public Yorks Department of Santa Clara County. Mr. Storm will have a full report to subadt to the Council at the July 16 meeting as to the costs of rights of way. 2. Alpha Land Co, asked to carry development up to the curb on the apartment houses. Mr. Storm has advised trem that this can not be done. 3. Deep Cliffe Dew:lopment: Mr. Storm recommended that the agree- ment of the City Attorney remain status quo. Moved by Councilman Dempster that the City Manger handle this matter accordingly; seconded by Councilman Pinch; and unanimously carried. 4. East side of Blaney Avenue crossing: Mr. Storm suggested that the City have someone at that crossing for the children. Councilman Finch felt that it is the responsibility of the City of San Jose to provide a crone -guard for children as the children in ques- tion reside in San Jose. Councilman Saich agreed with Councilman Finch. Mai ed by Councilman Dempster that the City Attorney look into thh matter with the City Manager and report to the Council with a recommenda- tion before the Council takes action or. this; seconded by Councilman Saleb; and unanimously carried. 5. No report at this time on the Highway 9 utility location. 6. Mr. Store Informed the Counall that an scroll sap is being pre - Vag" of the County of Santa Clam for the cost of *47.50. -_ -3- Yawed by :.:'_.cI1man Saicb that the Cite Manager be authorized to porch s subjen scroll map for the sum of 447.50; seconded by Council- mm Finch; and =anirously carried. T- Ag^ -eme^t of State of California and City of Cupertino for >rr'4 planning assistance. Discussion bell as to the meaning of the contents of the Agreement. y, July 6, 1962, 8:00 P.M., was set as a special study session recommendation A of this Agreement with recommendation of the City Attorney �a rNdy by tbai tine. Z .AMCKTECIW&L & SITS CD>MML APBLICATIM: .' SSBTZ OIL Co.: Rpplloapion 44 -A M 5-62 for "H" approval; *166'statian, no opener of Blaney & Stevens Creels Blvd. by ARchitecl a Site Control Committee. Conditions. 00 S Control Committee bad asked for plantings on the east and amst`malls of the station and that no window. be put on the east wall. >bred by Comcilmn Fineb that Application 44 -A & 5 -62, per R Con - tral Committee recommendations, be granted; seconded by Councilman Dempster. Al =: Councilmen: Dempster, Pinch, Saich, Jewett ld =: Councilmen: None ANOW: Counci'- -Men: Benetti 1lo' = CAME 4 -0 B. DEEP S?:s DEVEIDPIIEPr CO.: Application 45 -A & S -62 for "H" approval; 3aplex units on lots 1 -6, Tract 3055, McClellan Road, just east c` Mt. View- Stevens Creek Road. Recommended by Archi- tectural i S-te Control Committee. Dan Dal =DgSetto represented the applicant. Moved by :cmcilman Saich that the recd— endat :on of the H Control Committee be a-- :reed; seconded by Councilman. Dempster. AU4: Counc__xn: Dempster, Nia23: Counc =3en: None ABSElf: Count__men: Benetti 31WICK CARRI=: 4 -0 11 1 NYMS= XSINESS: A. Count- Pater Commission No report ?inch, Silch, Jewett B. Agreement Between Caanty & City for Payment of costs of Right of Nay Acquisition for State Highway Rcute 114. See City Manager's report. ZII 3W BUSA" =S: A. Miscel'- wleous 1. Councllin Saich stated that he had been approached regarding street lights = the south side of Homestead Road (Grove Apartments) as tbsy lave never been turned on. 2be City Yarager stated that policy has been that the lights are tmmmd on upon request, and now that the request has been made he will ame that the lights are turned on. 2. Counci: man Saich referred to the trees at Stelling and Stevens Creed Blvd. not Jeing properly cared for. P.e stated that this area is an e7e -sore to the City. The City Manager will handle this matter. 3, Councilsn Finch asked about the Rousseau Organization and the ~l -r area. Mr. Storm replied that this has been completed. -4- F i 4. Councilman Saich made reference to the Lyddon property which has be case a hazard with its Ole. buildings, broken windows in these buildings, etc_ Mr. Storm stated he will follow through on this matter. Charlie Baer, from the audience, stated that the light en the north- east corner of Stevens Creek and Highway 9 is not of the heals comer the lot in back of his property, J of Mtgbray 9 and Stevens Creek Blvd., has very high weeds, and this prop - erty is vlsable from the Catholic Church and Highway 9. Mr. Storm stated he will look into both these matters. Nesting adjourned at 9:45 P.M. to a personnel session. Meeting re- convened: Moved by councilman Dempster, seconded by councilman Saich, that the Water Department Budget for 1962 -63 be apprnved- ATffi: Councilmen: Dempster, Finch, Saich, Jewett NITS: Councilmen: None ASSENT: Councilmen: Benetti MO?ZOW CARRIED: 4 -0 The meeting adjourned at 10:20 P.M. to Friday, July 6, 1962- AT39T: I�awsence K. Martin, City clerk APPROVED: s John J. Benetti . yor -5-