CC 11-05-6210321 2D. s11FA7OCA- SgXffVAI19 MW 9"-4505
CITY OF COPBRTINO
MZ�OI In RaGU AR MOESPI= Q ffi CITY COUNCIL - NORNNBEN 5, 1962
PZAM 10321 So. 3aratoga- 9sneWma1m road
Tms &too P.N. -
I SO TEE FEAtI
IIf _ am CUL
CaNwilmen Presents E101906w, Flesh, Jewett, 9e1eA4 Henetti
006M11mm ADsentt CUV City Attornq's.City Engineer
ECsff lraemtr � ,
Clark
Sa OF TEE PBzV : October 15, 29, 1962
to approved. Seconded mailman Jewett October L in favor.
29
I7 gM.W of = PLANNIM CMUSSION: (See Planning Commission
minntes of October 29, 1962)
The Session tics thefTown Cep plicationnwillobe held Wednesday
November 7.
A schedule has been drsam up with the Planner of Raster Plan
for a meeting once a south, the first three as follows:
December 11 - Cover first three items
January 15, 19663
February 13, 19b3
P ORAL A11D *BITTEN COMMIMCATIONS
A. Written
1. Ruffo & Chadwick. Reference Stover Application
: = -Z-62 which was denied by Planning Commission.
1qr. Ruffo has renpwsated a hearing.
the hearing on the appeal will be set for the next
regular meeting, November 19.
2. E. Control Committee Meeting Minutes - October 29.
3. Calendar of Public Events - Foothill College, November
1 through 9
4. Solution to Santa Clara County water problem - 'Before
`he Well Runs Day.•
5, w letter from the Santa Clan County Flood Control,
Mr. Birwin's office, thanking the Council for the
support given to water bonds.
6. Report from the office of the Building Inspector -
Month of October.
T. Amex - St. Josephs I8, 8.345 acre tract - Pereanente
Creek. County line is in Los Altos. This• U out of
Council'■ sphere, but within three Idles of City.
8. lose OidAiagaA 2diT5 311viere, tditw, of Stevens
City a letter os�1SIn1mg Of the oon
Crack road, sad wished to know the amount eyeet for
the lnrolur goal".
• -1-
• 0
Mayor Benetti anNMered that this is the first complaint
we have received w this. :his was not a resurfacing
but a protective coating to protect the road from
winter rains. If it were not for this protection, damage
from the pest storm might have been very costly.
IL .Oral Communications:
1. Mrs. Ross Gidditgsy preewted a complaint for Mrs. Mercer,
1055o Whitney Mp. Mrs. Mercer has contacted County
iplood Control reSerAing drainage ditch which they feel
is a hazard to, b!lorhood children. Mrr. MnOer asb
if the city sal ss amything about the existing situation.
After a phone eaU from Mrs. Giddings• the City Manager
contacted *ft Oa f mad' asked about their prOS+ao regarding
fencing, 4ha es(Sty'. policy is that they do not fence
Graimge diteas tkat are not concreted.
Councilmen Jewett swggested that t;.e City Manager contest
the Supervisor and Sire a report on this matter.
The city Engineer commented that he would estimate the cost
would be #boo, sad doubted that the county has money for it.
The Mayor assured Mrs. Giddings and Mrs. Mercer that
there would be something done about the hazard, for the
welfare of the neighborhood children.
No further oral communications.
V1 P9XZC HEARINGS
A. STEVENS CRM PARE:, INC.: Application 20 -U-62 for a Use
Permit, service station, to be located at the northwest
corner of Highway 9 and hark Avenue. Approved by Planning
Commission Resolution No. 112. Appeal continued.
Councilmen Sadch and Fiheh left the table.
Mr. Charles Baer, Stevens Creek Boulevard, Cupertino, appeared
in protest, but said that he is not opposed to service stations
In the right place.
Mr. John McGowan, 10+01 N. Highway 9, Cupertino, stated that
he is interested in the future program of the Council
regarding location of stations. Re feels a policy is needed,
or use permits should be eliminated.
Mrs. Rose Giddings arose and asked what revenue the city
realizes from service stations. The. Mayor replied that it
was negligible.
Mr. R. J. Will, 10191 Vista Drive, a resident of Cupertino
for thirty years also had some comments. Be is beginning
to wonder about extensive approval of filling stations.
Mr. Will registered his protest against approval of a
filling station at the northwest corner of Highway 9 and
Park Avenue.
Mr. Morris Smith, representing Shell oil, reported that
the vol=e of revenue realized by the City from a service
station depends on the amount. The City would gain $50 per
month from this unit. from other services excluding property
tax Itself.
Mr. Smith also otated that the Pastor of St. Josephs is in
favor of the station.
Mayor Senattd asked If the Pastor endorses the station, or
if he mb,-ely bad up i
Mr, groomer, repave mating the developer, stated that lather
Ryan has no objesc�tiar to the station, end 11eertily endorses
the fact that a center will gruviue parking for his
acupcMaazcton• i e .S_
It was reported that the crosswalk for school children
Is being rved north, close to the intersection of Park
and H1ghW7 9.
Councilman Jewett moved the hearing be closed, seconded
by Councilman Dempster. All in favor.
Councilman DoWster mentibned that Highway 9 is quite
congested both in the morning and evening, and wonders If
we. are not adding to the problem by plaoin8 a service
at this point, Also, Cawaellmsn Dempster discussed
4 pdtb tbs.;=, and feel* he would like to
�tM eantseonsid a &i mItit period. He
ThtUEqr sated if COM011MU DsmV~ is asldit the applicant
to V tab for the Limp being.
Hr. Hapnmer ah+psl'sd Councilman DDee��mater by asking if be
rata glum to. pica up the tab whole they waited. Since
ties If of the mseeoce, be requested an answer dmrl.ng the
meeting.
Councilman Jewett reported that the Planner is not interested
In being drawn into zoning problems. This is for a use
permit. It will be a commercial eorser as it is ztned as
such. We a" talking about approving or denying a use per-
mit for this station.
Not once was there any objection brought before the Planning
Commission. After this, we had
the one appeal, and then it was brought to light. I think
it has been well aired. As far as I'm concerned, unless some-
one can prove differently, each filling station o',ould be
handled separately.
Councilmen Dempster agrees with Mr. Jewett, but takes issue
to the fact that whether or not . protest was late should have
w bearing or the matter. The council should consider the
location of the station, and give consideration to the
traffic problem at that corner. I think we should be ready
and prepared to go along with whatever the Master Plan
desig ntes. The Planner feels there should be a lot of
thought Zlven to any commercial use of Highway 9.
Regarding the validity of use permits and the power of the
Council to require them, the City Attorney reported that
the attitude of the courts sustains the right of the City
to require teem.
Councilman Jewett made a motion that Stevens Creek Paris, Inc.
appeal be denied and that Planning Commission Resolution 112
for use permit be granted. Seconded by Mayor Banetti.
A:SIwIM: Cou nellwen: Finch, Saach
AILS: Comnodlman: Jewett
ways: Councilmen: Dmmpster, Banat"
ABMW: Councilmen: Mone
MOTION PAIIm: 2 - 1
At this point Mayor -wnetti stated his wish that the motion been is withou reworded. eeudice. Councilman Dempster eded agrreeed. action
:Noses: 9:00
Reconvene: 9 :05
Councilman Saicb and Finch returned to the table.
B. DMZ- CRANZ: Application 23 -V-U for s variance to allow a
sldeyard setback of 816" on Lot 53 where ordinance requires
9' and to allow a sideyard setback of 812" on Lot 62 where
ordinance requites 91; Tract 3168, Somerset Subdivision,
wost side of Swath Blaney. Recommended by Planning
Comwiosion asaolution 116.
-3-
err.. • �
Mr. John Thompson, representing ri>r: applicant, Stated
on one lot the requested varian.e is for six inches, and ten
Inches on the other.
She mayor asked if there will be any more variances.
Mr. Thompson replied that there are three other lots
that might be involved at a future date.
The City Nensger pointed out to the.Council that this was
sobmdtted, than resmhoitted for a better 9200,0. VA it seemed
evit
iniblb that this would come before the ftbnoil. Tha
w all amomst of distance will not be detrimental nor will
it establlWa pledadsnt.
Camedlmon ftwh W. the hearing be elOSS& seconded
by Comncilrn Smith. All in favor.
Councilman linsh saved that variance on lot andnd 53 be
permitted as regnrsted. Seconded
Notion carried 5 - 0.
Viz. AScerficI0hal. a SITB Colf im
A. triple on CADfilot 28 ,TTraictt2527�Ia &Crests. approval Of
roof
change on Lot 29, Tract 2527, east side of Foothill Blvd.
Approved by B Control.
Mr. George Cadwell, 860 moan= Ct., Palo Alto, applicant,
appeared, s ng structural design change, there
pn planned for obuilding.
Councilman Saich moved the application be approved as
requested by H. Control. Seconded by Councilman Jewett.
All in favor.
VM 0Md)UNC3S AND RBSOLD170N3 FOR ADOPTION:
A. ORDINANCE 130(a): Amending Ordinance 130 which relates
to Obstruction of Streets ar.1 H:Shways within the City.
Second reading continued.
The City Manager and City Attcrney are preparing a grievance
ari &m-AL -ent to the ordinance.
Comcilmen Dempster moved that the second reading of
Ordinance 130(a) be continued. Seconded by Councilman
Pinch. All in favor.
D. caMaNCE 002(h): Amending Ordinance No. 002 which
ordinance incorporates Ordinance NS 1200 of the County of
Santa Clara, adding the classification 'Professional
Administrative Park Zoning" (PA -PH) and further adding
the classification "Light Industrial Park Zoning ". Second
Reading (Planning Commission Resolution No. 113.)
Councilman .1aich moved that the ordinance be read by title
alone. Seconded by Councilman Jewett. All In favor.
The City Clerk read the title.
Councilman Saich moved that Ordinance 002(h) be enacted.
Seconded by Councilman Jewett. All in favor.
C. ORDINANCE 221: Rezoning 67 of an acre, property of
ealdeiofaStevens Creeek,Blvd ,,adjoningAeast sideHofathe
S.P. railroad tracks. First reading. (ADpl. 64-2 -62)
The City Clerk read the ordinance.
D. 0RDINANCN 122a: Amending Ordinance 122 and providing for a
decrease in the number of Mater Commissioners and other
matters. Second hearing.
-4-
L.
Councilmen Jewett moored the ordinance be read by title
only. Seconded by Caupcilman Dempster. All in favor.
The City Clerk reed true title of Ordinance 1229.
Councilmen Jewett scred that
Finch. Albin favor.
enacted.
Seconded by Cornell'
E. RS9011MON 669: Aecepting Grant of Ru met from Otis
F. Porge.
Councilmen resolution adopted,
hate a dit7 Cerkbeauthslsed to SUP
and �
resolution. NMedAw" by Opoweilaan � All in
favor.
It ?AIM Bfus:
A. Resolutions 670 eed.on,
Councilmen Saich now that Resolution 670 be adopted.
Steed by COOUSII mm Dempster.
AYES: Councilegm Dempster, Finch, Jewett, Saich, Benetti
NAYS: Coug elimems lions
ABSENT: Co:moilmsnz lone
MOTION CARRIED: 5-0
Councilmen Dempster moved that Resolution 671 be adopted.
Seconded by Councilmen Finch.
AYES: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
RAYS: Councilmen: None
ABSMr: C°U:Iells�sn: None
PIMON CARRIED: 50
Z RVORT C3 OFFICERS AND COMMSSIONM:
A. RMF OF CITY T
No f%.rther report.
B. RWWZ OF CITY IYIAOffit
1. received bynthe City Manarer re4ueHting permission to
s::icit fluids.
Couzcilasn Finch moved that Mar in Of Dimesobe0given per -
zssion to solicit as requested
Seconded by Councilmen Saich. All in favor.
2. The City of 9uguarvale will be host on November 15 to
League of C&Wornia Cities.
3. Regarding the storm the weekend of October 13, we got
through pretty wall except for one instance in Monte
Vista below the water tanks. These are operated through
Pacific Telephone Co., and with telephone service out, and
a power failure, the tanks overflowed, running down the
hill, creating considerable erosion. This has been
referred to our insurance agent.
The City Angiaeer has checked to see what we can do to
control this, end perhaps overflow lines will be the answe,.
A report to the extent of damage and corrosion will
soon be forthcoming.
h. Nnry Avernus 'ms-school is in agreement with the con-
struction cf fear! Avenue bu_ the present location would
Interfere with activities of their athletic field.
They stated th y would be willing to get additional
property for 00 city westerly of the proposed center
line. She sedoel bas property at the southwest end
that they woold be villSng to give for extending Mary
Svam. . y
we will get a letter nett week from the SehOOI Hoard,
s.ating a deadline. (See City Manager's Report)
5. Utilities - 1116NMY 9 Relocation.
We have assurance from the County Department of rublic
Works that pri,oe to submission of the cost of relocation
of utilities, they Would be subject to an audit by the
city and eoVety. Me suet would then have to be
ti4eoved by Nw emw Council.
6. RED Cr Ci?! nmm�
2. 2LT 3M, i N9PA1B3, MW NO. 2.
Aedbboriuti*nw 1� �dergramd Waster .Deed end
Reconmendatims 1doOt Resolution No. 668 mssept M9
'9riteiaim Dead mad Authorization" for Md*rgaomod
Water Rights, '!lmet 3322,. Deep Cliff* Estst", Doit
No. 2.
Councilman Damp~ moved that Resolution No. 668 be
adapted. Seconded by councilman Jewett. All in favor.
2. MICATION OF BELL PBMRM FOR P" MAY PUMNSES,
MUCH MWWWRISEd, IBC. IMPRJVEGHTS.
rich Enterprises, Inc. have filed with the City the
ledication of right -of -way for widening of Blaney Avenue
_-ni Stevens Creek Boulevard at their property.
lecoomendation: Adopt Resolution No. 672 accepting
led cation of right -cf -way from Urich Enterprises,
Z-_c .
Councilmen Jewett moved that Resolution 672 be adopted,
_eocnded by Councilman Dempster. All in favor.
3. SL3coSIBLE PTW - Homestead WEll #3: Submersible Pump
has been furs -shed and installed in accordance with
a,eciflcations. Orleinal bid price of $9,795.00 has
teen modified by additional column lowering of 20 feet
in� extra pay items at the pump panel as specified on
: a:ssmitted Final Bill, dated October 18, 1962. western
?,:map Company, after checking their records against
car tabulation Ma approved thin bill. (Letter
3c:.ber 19, 19 &2)-
Fecc=endation: It is recommended that Submersible Pump
a: Homestead Well #3 be accepted and City Clerk be
authorized to pay 90 percent (90%) of the total bill
:_ $10,362.50 i.e., *9,326.25 upon acceptance and
en- percent (100) or 1,036.25 thirty -five (35) days
after the acceptance for the completed Submersible
?:.W Installation to the Western Pump Company, San Jose.
:`.'s looks conflrsing, but the $567.50 is .us , 'he
_xeesaity of lowering cables and columns 20 ft. This
b:11 is for the pump itself.
C ::mcilman Dempster moved that we accept the Submersible
?�;;V at Homestead Well #3 as outlined In the recommends -
:.ca by the Cit7 Engineer, and the City Clerk be
authorized to pay 69,326.25 upon acceptance, and
$1,036.25 thirty -five days after the acceptance.
Seconded by Councilman Finch.
APES: Councilman: Dempster, Pinch, Jewett, Saich, Benett
lhyS, Councilmen: None
,,23XV: Councilman, None
KXION CARRIED: 5 -0
&. J. -
D. RWORT of CITY ATTORNEY
Certain city streets have been made part of the highway system
since the county $70,000,000 bond issue was passed. To carry
out bond issue, it IS necessary that certain streets such as
Foothill ?lvd. be designated as County E:cpresaways,as shown
on proposed plan. The City t tahe County,i merely the right
it would giant certain powers to
to build the road ace,
to Its standards. To salon over
the agreements is not necessary until such ties as contract is
awarded.
In 4 opinion, these rewlutioos are both in older. It is for
the for adoption to this evenlM. only ems �intention.
nti
I recommend that on the face of these recommendations, they
illsonly the This IS of 900 n�beiiwee a stevel 8 Creek � Council.
It
&A Homestead Road.
Ihjol: This has come up before or a comparable situation, and the
reason we were not in favor of this was because of the polic-
ing factor. We were concerned about losing police jurisdic-
tion.
Atty.: True, but if we are going to avail ourselves of this money, thi;
Ss the way to do it. I can relay approval providing the City
retains the policing rights, the controls and any revenue.
Dempster suggested City Attorney clarify the Jurisdictional
element and refuse if controls are regulated by the County,
agree if retained in the City.
City Atty.: If we spend city funds for maintenance, we should be en-
titled to the revenue from fines.
Council agreed to give its consent providing the City retains
police power.
XI UNFDMHED BUSMW:
A. County water Commission - Mayor Benetti: "Pray."
B. Miscellaneous - None
XII NEW BUSINESS:
A. Miscellaneous - Vone
XIII 10:01 MUTMG ADJoumm - to Personnel session
rreoee K. Martin, City e
-7-
F,T -JW@DT a47
/a/ John TJeretti
yon