CC 10-15-6210321 SO. SARATMA- SMITWALE ROAD AL 2 -4505
C I T Y 0 P C U P S R * I M O
MIJWrW OF THE RHOULIIR MEBTDhG OF THE CITY COUNCIL - OCPOffiR 15, 1962
Place: 10321 So. Sarstoga- Sunnyvale Road
Time: 8:00 P.M.
I SAUMS TO THE YfAa
II WU CALL
Councilmen ftesent! Dempster, Finch, Jewett, Balch tti
(CounallllamnneJa not t arwlWd at 6:59
Staff Present: City Chtt Co'ka"f gyp, qtr Attorney.
and III MI70Tffi OF MR rAgrIAUB MRML�Ih10:
Moved by Councilman Salch that the Minutes of the nesting of
October 1 be appeovad as submitted; seconded by Councilman
Pinch: and mmincusly carried. No by Finch, seconded by
Councilman Dempster that the Minutes of October 3 be approved
as submitted. Carried 4 -0.
IV RBPOteaOF THE PlA aa= COMMISSION (See Planning Commission
Don Prolich, Vice Chairman of the Planning Commission, made
some brief comments on the last meeting and pointed out the
fallowing items from the minutes:
Regarding acreage requirements for an industrial park, it is the
concensus of opinion that it ought to be 25 acres. He pointed
out that it is not the intention to squeeze out anything smaller
than 25 acres.
Ditz -Crane requested variances of 6 to 8 inches for two lots
out of about sixty. Granting variance was recommended.
There has been some complaints in the past on residents removing
city trees and replacing them. with chair own, or not replacing
them. It was suggested that the Chamber of Commerce might
want to put out a brochure on ordinances to be left in each new
hous This might be accepted better by homeowners than if
they presented with a list of rules and regulations by the
City itse•.'.
The Planning Commission recommended a use permit for a Service
station at Park Avenue and Highway 9. The Planning Commission
feels this station demonatratee good city planning since the
other units in the proposed shopping center require a service
station and that it provides draw for a considerable number of
cars to the city. It 1s felt that this station might set a
standard for any future proposed stations. It will cost one -and-
one half times as much as a normal station. It is hoped Council
action will cut down future appeals of this nature. The
Appellant never even appeared before the Planning Commission.
V ORAL AND WArrM COMMUNICATIONS
Oral
1. riF. Dean Sayre, 10" S. Stevens Creek Rd., requested a recon-
sideration of lights near the developeent of Deep Cliffs. He
feels the asrcury vapor lightr r- quired for a 901 road are
unnecessary on a road that iS actually 40*, and asks that lights
be at corners only. Mr. Sayer mentioned this wan one of the
few places that still had a view of the valley, and feels the
:saber arm} density of mercury vapor lights would remove the
feeling of being In the country.
The City Manager -ecommended that the original plan remain
status quo as this is now a thoroughthr%.
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Tx
The'Mayor informed Mr. Sayre that the tatter will be considered,
and the City kIknager will notify him of the final decieion.
2. Comcilman Saich had a telephone call from George Voss saying
he couldn't get into his house because of the condition of the
load.
The City Manager called Sordgroth, who is responsible, and they
are taking care of the matter.
3. Comcilaan pinch asked about the improvements on North Blaney,
and Mae assured they are being taken care of.
A. ' r I I I *CAY '8R: Application & -2-62 to
resone .6T acre from Y (Bbrmerly C-2 b M-1) to M-1 -H;
located an the south side of Stevens Crook Blvd., adjoining
the east side of the S.P. railroad trayks. Recomeeded
by plagAn Commission Resolution No. 114. Standard con -
ditidW..
Mr. Stocklmeir, representative for applicant, stated that
basically, they want rezoning for purposes of building an
office building.
The Mayor asked if this was speculation, and Mr. Stocklmeir
said they are planning to build.
There were no protests, written or oral.
Councilman pinch moved the hearing be closed; seconded by
Councilman Saich. All in favor.
Councilman Saich made a motion that the application be approved,
and that the City Attorney draft an ordinance for rezoning
per P.C. Resolution 114. Seconded by Mr. Finch. All in
favor.
The Mayor stated that he has some reservations, but will
familiarize himself with the ordinance before the next
meeting.
Councilman Salch withdrew from the table
H. STEVENS CREEK PARK, INC.: Application 20 -U -62 for a Use
Permit, service station, to be located at the northwest
comer of Highway 9 and Park Avenue. Approved by Planning
Commission Resolution No. 112. Appeal.
Mr. Charles Baer stated he was not protesting for a selfish
reason. Pour years ago he had a petition signed by T5% of
Cupertino to set established plan regarding the amount of
service stations in the city. He claimed the petition was
read, and that was the end of it. Recently, he had telephone
calls regarding the proposed new station, asking that he
appeal. He feels that since the station will be located
across from the Catholic: Church, it will cause a traffic
problem. Also, that the problem will become worse because
of planned improvements by the church. He stated that Cuper-
tino is becoming known as "gasoline alley".
Mr. Morris Smith, from Shell 011 offered pictures showing
the type of development planned for the property, and pointed
out that such a station rill add status to the development as
sell as the community as a whole.
Councilman Dempster reported that the citizenry ere upset at
the number of gas stations. He feels a study should be made
of future needs, and thinks commercial enterprises should be
considered by the planner of the Master Plan. He would like
to take a stand to send a study request back to the Planning
Comsiasion per report by them.
VII
Commissioner Small pointed out that fteca Serriee Station
does not offer complete service, that they do' no' lute fobs
nor ebarge batteries, things normally ekDeOW it a station.
Also, that it is impossible to determine thk tiiWer of gas
stations, supermarkets, or.drug stores, etd. needed in a
community.
The City Attorney said a decision must be made within 60
dM of appeal; the letter was received September 2(.
Councilman Dempster moved to put the 4ee1814nn Over four
;leeks, rmtil there In something frod PTA"Aft Cbwaission
as to _Vw1r tbouats on Who!* altURUOn, tN& one p.i--
tieulai' station.
ft. Qsorge Brower, representing the 4e*e1693r; requested an
immediate d*614164 fOr eeonomic reasons.
Comoilman Dempster withdrew the motion.
Ommcilman Finch is also concernad about Ub'niaAer of gas
stations, but feels this station has merit, and favors it as
pmo~, however feels ttuay should be swim f6i Yuture
requests.
Commissioner Frolich pointed out that the minutes of the last
meeting covered discussion on the number or stations. Page
4 of the minutes sets forth the Planning Commission's thoughts.
Councilman Jewett commented that the number of stations may
or may not be the issue, that we have N Control on filling
stations. In regards to the number of filling stations, he
doesn't believe this can be brought up until we bring up
every other commercial enterprise and feels we would have to
govern them all if any. As far as the subject station is con-
cerned, he is definitely for it.
Councilman Dempster asked if it is good planning to cover
main arteries with service stations every block, half- block,
or what. Councilman Dempster moved this be put over until
November 5. He explained he is not concerned with competi-
tion, but is interested only in planning. Councilman Finch
seconded the motion with the reservation that prior to the
Council Meeting a special meeting be called so a firm decision
can be made and the developer can have a yes or no answer.
Mr. Brunner again asked for a decision during the meeting
since bids are to be opened October 16th.
Mayor Benetti concurred with almost everything said, and
answered Mr. Beer's remark about the traffic pattern in
front of the church. That pattern is being changed so no
left turns are being allowed.
Mr. Brunner has shown plans of the station to the pastor of
the Catholic Church, and received permission to use his name
as approving the plan.
Notion was passed.
Councilman Saich returned to table and resumed his seat..
ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. ORDINANCE 130(a): Amending Ordinance 130 which relates to
Ubstruction of Streets and Highways Within the City. Second
reading continued.
The City Manager asked this be rostponed until November 5•
Otis Forge concurred, also stating that compared with other
communities, we had very little go wrong during recent storm.
Councilman Finch ma==rl to postpone item until November 5,
seconded by Councilman Jewett, all in favor.
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B. ORDINANCE 002 (h): Amending Ordinance No. G02 Which
Ordinance Indorporates Ordinance NS 1200 of the County of
Santa Clara, Adding the Classification "Professional Ad-
sinistrative Park Zoning" (PA -PH) and Further Adding the
Classification "Light Industrial Park Zoning" (M1 -PB).
First Reading (Planning Commission Resolution No. 113.)
The City Attorney suggested the Clerk read P. C. Resolution
113. Then the City Attorney suggested that 25 acres be
added to I.I.
00000110an 3al41th ao - that the figure 25 -be inserted in
Ordinance 1.1,.00600ded by Councilman Finob, all in favor.
Councilmen'Sliuli roved hearing be closed, seconded by
Q„mcilmen Jewett.
AYES: Councilmep: Dempster, Finch, Jewett, Balch, Benettl
nits: Councilman: Now
ABSENT: Councilman: Hone
MOT10H CARRIED: 5-0
The City Attorney stated that the law provides the first
reading is unnecessary, provided Council has read resolution,
and that reading title only is sufficient. Moved by !inch
that first reading be confined to title only, seconded by
Councilman Jewett. All in favor. The City Clerk read the
title.
C. RESOLUTION 655.2: Approving Assessment District Map,
Stevens Creek 7)1 L.I.D. Continued.
Councilman Saich moved Resolution 655.2 be adopted, seconded
by Councilman Finch, all in favor.
PAYING BINS
Resolutions 666 and 667
Moved by Councilman Saich that Resolution 666 be adopted;
seconded by Councilman Finch.
AYES: Councilmen:
Dempster,
NAYS: Councilmen:
None
ABSENT: Councilmen:
None
MOTION CARRIED:
5 -0
Finch, Jewett, Saich, Benetti
Moved by Councilman Saich that Resolution 667 be adopted;
seconded by Councilman Finch.
AYES: Councilmen:
Dempster,
NAYS: Councilmen:
None
ABSENT: Councilmen:
None
MOTION CARRIED:
5 -0
Finch, Jewett, Saich, Benetti
Councilman Saich moved that an additional $150 be approved for
the City Manager's expenses at the league of Cities Convention
In Los Angeles. Seconded by Councilman Jewett.
AYES:
Councilmen:
Dempster,
NAYS:
Councilmen:
None
ABSENT:
Councilmen:
None
MOTION
CARRIED:
5 -0
Finch, Jewett, Saich, Benetti
1Z. REPORT 0_' OF• ICERS AND COMMISSIONERS..
A. REPORT OP CITY TREASURER
No further repo --t
B. REPORT OF CITY MANAGER
1. The City Manager reported on a letter received from Donald
R. Banks, Attorney ibr Clark Olasson of Deep Cliffe Oclf
Course (sae CR- 6e -17) dated 10- 12 -62.
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2. John
r"AstinaptaneS olopoementnhis property the
northwest corner of Rlgd m 9 and Aodriguea lverm. City
PR Ittaent aaoiwts to ;2700 plus another portion of land.
All is the of the tCity or
hhrager that rthe Improve -
s i.,s be accepted.
3. A letter was rea rived taus i ud Carpenter, Hacutive Director
of the yasyae of /hllitVW" Cities, thanking us for support
or proposed ace sent So ONWIS » taxes.
Byrn lteA V WL! *1ltie a tier limit clarifiedg arA
sWaa�aads at least tam pm"* or for Stitt of Tvalf".e WAYS
used NMW COMAttee.
It Was recasaeMdsd aeUt he Aef sued motil after Los AffW200
convention.
;, MW City AM"" ree"V d a fetter from Tbmrl Salth. Pic*
Chairman, awreh of Christs raquesti 1� a defe�r•ent in the
off -site laprovamsnts doe to the ra-eliBrsarrt of Blaney Ave.
in connection with the eenatraetlen of Jisripero lraeway.
M. Thurl Ulth, 3993 stewrs Ciaek M•, Santa Class,
representing the Chareh w Christ. - ppearsd, raqueeting
deferment.
Councilman Jewett moved a deferment be allowed, seconded by
Coancilma= Pinch; all in favor.
5 Hegarding Ca,ertina properties, Lad's request for certain
off -site 'n;rOveMnts required for completion of tract #2880,
It is recv.mended this request be accented. (See Page 3,
CH- 62 -17, ?sport of City Imager.)
The City Z:Vineer has found trot the cracks developed in the
sidewalks apcear to be due to ground settling, rather than
a - hiftine rondition, and It is recommended the sections be
replaced the builder.
Councilx. Dempster moved the recocmeendationa an reported be
accepted subject to replacement of cracked sidewalk; seconded
try Courc.s -. Jewett. All in favor.
6. In the ::ter of - ignalization o• Homestead and Stalling Pd.,
the City !eager is in favor of roving the existing roadway
remain states quo, but widening the shoulders for full width
of Stalling Road, at a total cost to Cupertino of =3,305.75,
and a cos- to SunnYvale of $T,038.25.
Councilman. Dempster moved .hat the city ?tanager of Cupertino
-report back:
LCouncilman Saich.ihAllm- int
re favor.
7. A meeting us-: held October 8, with the City Engineer,
Mr. Jess lack of the DIvialon of Highways, the Premont High
School Hoard and the City Manager to discuss a right of way
for the eooatructi.on of Mary Avenue south of Homestead Road.
It was fell by the Posid, after inspection of the area in-
volved, Brat the proposed right of way line would interfere
with part of the athletic field and also with the parking
area, but that they were inclined to agree wfch the City of
Cupertino•s request for the extension of Mary Avenue.
The City sa+nager, this date, received a letter from the
T"mont H!gh School 3oa7d, the third paragraph reading as
follows:
"The amount of lead required by the State for the ramp
would seriously interfere with the succesePal operotion
of the seh -o1. Bowewr, the Trustews are cognizant of the
need for isture raade.amf° will asalat with the purchase
of land for a road IMMe 'at*l.y west of the present high
school ;toperty."
0 W
It was r•eeem"ided that the City Manager continue Kith
negotiations.
8. An agreement for the extension of Foothill Expressway is to
be ready for the next meeting. 2%* cost is not to exceed
$3o,COO for the portion of road that w9.11 be In Cupertino.
Councilman Saich moved that an agreement be 1A,.pared by the
City ftnager and City Attorney on Foothill ExWeast y "rare
next meeting, seconded -by Counoilman p1ACb, 411 in favor.
9. Sn tta agreement laoK slur yraandttl� caster Pfau, the
City agreed to pa�T1 mFps and Rata to the
ai CoasolssMS: 9"21", there mans Awbm pwal
a'VJ Ds pespii�ei, 1t IS- slDemmnftd tba a!- aR be hired.
Councilman pined mmMni4 the City Manager be authorized to titre
•1 a dtsttaman at''w00 ifs .WMtb, not to smesd $2500 total,
seconded by Cowoplyeach.
AYES: L01=12AM* beapater, Pinch, Jdimtt, Salch, Benettl
WAYS: Counailsrnt hone
ABSENT: councilmen: None
MOTION CARRIED: 5-0
lo. Tt.e City ranger reminded the Councilmen of the league of
California cities 0onferei_ce.
11. County n ntilnd teti�station
the cor of bothil a Stevens Creek Rd. %7orBenetti
stated that time Planning Commission should be advised of
our feelings in the matter of this particular station. The
City Manager is authorized to advise the Planning Commission
relative to Architectural Control etc.
12. The Flayor reported there has been a request for the city to
recognize Clean Air Week October 21 - 2T.
Councilman Jewett moved that October 21 - 2T be recognized
as Clean Air Week, seconded by Councilman Dempster. All
in favor.
C. REPORT OF CITY ENGINEER
1. Oemeo (lucky Stores)
The City Engineer recommended acceptance of municipal
improvements.
Councilman Saich moved the improvements be accepted on
recommendation of the City Engineer, seconded by Councilman
Dempster. All in favor.
2. Town and Country
The City Engineer recommends acceptance of municipal im-
provements, subject to a til minor deficient es are ecorrected.
pavement on highway ii9
Counci; man Dempster moved the improvements be accepted on
recocneudation of City Engineer, seconded by Councilman
Jewett. All in favor.
3. Tract L860
City Council accepted June 18, 1962 Tract 2860 and 2880
improvement and the bond from L. C. Smith & Company for
incidentals as stated Jr. their letter of June 18, 1962 (street
signs, concrete work, trees, traffic signs, berm on Stevens
Creek Rd) Acceptance recommended by City Manager.
Coua- rilmtn Dempster moved the wmic0sl improvements on
Tcct 2860 bemlDted Dinach omlldanioneor. the City Engineer;
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D. REPORT OF CITY ATTORNEY
1. The City Attorney ivad a letter to the Vayor from the
Sar4ta Clara County Flood Control. Of particular interest
is reference to Stevens Creek Reservoir. The water bond
issue will add drinking rater and recreational facilities to
the area.
2. I have been requested to zffer as first reading:
Ord. 12211 - First reading. Ameoling Ord. 122 and providing
for ` deq the yet r Co�issionara and other
3. Crossing guard Agreement - alteved.D� % of cost.
The ,city, imager reported vnoftioYal# that porCSD1e CIAM -'
rooms my be used, tees ellsdnating oawsla -Vard -. _ ;r-.
The City Att0rn@Y bested we parstt contract to go through.
Z AACHrBWTMML a SITE CWML
A. BICELL a SONS: Application 54- AAS-62 for approval of duplexes
lots 1 -11, Tract 3142 near Voss Road b Mt. View Stevens
Creek Road. Approved by H- Control.
Mr. Excell was present and offered drawings of duplexes and
other proposed dwellings.
by HcConnttrol�Committee bep a
accepted; by Councilm-
Pinch. All in favor.
o R. J. WILSON: Application 57-ASS -62 for approval of an 11
unit apartment on iota 8 and C, Tract 252T, LaHCreesta, cast
of Mt. View - Stevens Creek Road. Approved
Councilman Jewett moved application as recommended by H.
Control be accepted; seconded by Councilman Dempster. All
in favor.
C. GEORGE H. OWEN: Application 56- ASS-62 for approval of a
triplex, lot 31, Tract 2527, LaCresta. Approv,wl by H. Contro l.
Councilman Control be accepted,ose ondedlbyaCouncilman JJeweett. All
In favor.
D. triplex, lot 29, tract 2527. 5A proved byrH.pConta f
Control.
Councilman Saichs moved application as recommended by H.
Control be accepted, seconded by Councilman Fiiach. All in
favor.
The Mayor asked that
tt Council Meetings oulddleavehearlieresenta-
Council decided that ARCHITECTURAL & SITE CONTROL would here -
efter follow PUBLIC HEARINGS.
XI UNFINISHED BUSINESS
A. County Water Commission
gram withrerepresentatives committee from�Cupertino and Monta Vista
area.
The City Manager is authorized to approach those he might
feel should be on this committee.
B. Miscellaneous
None
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u
zn off OMDMS
not
xI -mijowmnent at 20:47 l.A. to Oa0ober 29. at 8:00 P.N.
APPROVED-
�; s Jolla Benettl.- --
, 011yor
lag
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n,