CC 11-19-62W
13321 So. Saratoga- &wnyvale Road 2-45 °5
CITY OF CTiPERTINO
UmprATno, a orn a
MMAUTES OF THE RETULAR NE8'Ii: l OF THE CITY COUNCIL OF CupmrTI210 - Nov
sum 19, 1962 •
Pecet 10321 So. Saratoga- S-.uutyvale Road
Tine t 8:00 P.M.
i' SAtcls TO rA FKAG
iI ROIL CALL= ppmailssa Present: Dempster, Finch, Jewett, Saich,
Benetti
CAYasllman Absent t None
staff PreYmntf city YAnager, City Bnginstr,C C;LF AC erk Attorney,
IiI MQMld.S OF Us PREVIODH HKITIN G: NOVEMBER 5, 1962.
Ngor Penetti stated that on page three, second FailB'aph from
the bottom of the Osge.....rhe Mayor stated that he did not objaot to
the wordlag of the Notion, merely that he wished the Motlon bad beea
to deny without prsdj dice, the application before them. He wished
the records to show this.
There being no further corrections or additions, Councilman
Jewett moved that the Minutes be approved as corrected, Seconded by
Councilman Saich. All in favor.
IV REPORT OF THE PW0 =;0 COMMISSION: (See Planning Commi.asion
Minutes of November 13, 1962. Also study session of ".7).
Planning Commission Chairman, Charles K. .Snyder stated that
other then the minutes, which were before the Council, he had nothing
to report or add.
V ORAL AND WRITTEN COIMMCATIONS:
1. Letter from Division of Highways, Notice of ruction sale of certain
lands that are in excess of higl2way requirements.
2. Letter from Cupertino Camber of Commerce a.king a re- affirmation
from the City Council, designating December 10th as "I. Cali
Day "•
The Council, by Minute Order, designated December 10th as
"R. Cali Day ". All in favor.
3. Newsletter F2 - Cupertino Chamber of Commerce, giving dates of
forthcoming events in Cupertino.
4. Agenda of County of Santa Clara Planning Commission and Board
of Zoning Adjustment, November 21, 1962. Nothing concerning
Cupertino on this agenda.
S. Letter from Public Utilities Commission regarding a Commission
Investigation, Case No. 7409 of the Pacific Telep ?^one and
Telegraph Company.
6. Letter from City of Long Beach regarding "A Resolution of the
City Council of the City of Long Beach Vigorously Opposing
Any legislation Permitting or Sanctioning the One of Partisan
Political Labels by Municipal Office Carrridates ".
7. Minutes of the Business Session of the League of California Cities,
Los Angeles, October 24, 1962.
Councilman Saich commented on the 10 ges tax monies that has
been recommended for use on at -et deficiencies. Councilman Saich
statd that the Treffiewsys Coam±ttea will be working for the passage
of thin legislation along with the League of California Cities.
b. Nbtlea from the Later -City Council - Meeting December 6th, 1962,
Hosted by the RM of Los Gato►•, to 1,e hel.: at the 0o14en Doors
Rsataurint, &" maims. Quest ape ter: Robert F. Peckham,
Judge of the superior Court, Dept. 12, Santa Clara County.
1 -
rmt.�ua
9. County of Santa Clara Planning Commission & Board of Zoning Adjust-
ment, Summary of Actions - November 7, 1962,
10. Brochure on Parks aid Recreation.
11. Letter from Mrs. Thomas Afflir_io, Secretary, Collins P.T.A., re-
garding a street light at the Corner of Msrlani Avenue and
Highway 9.
With the approval of the City Council, the Mayor instructed
the City Manager to make an investigation and report on this mattes
at the next Council meeting.
lk. Latter from Mr. g. J. Becker, 10521 Cypress Drive, Cupertino with
a complaint about bon unable to have a doctor make a horns
A�am4. be MSMW O Mat iiytemd of a 4yU Center that a
: Madiaal 0en1 ss be eetabiiaNed, particularly with people who
were able to make home calls.
M&M Be ettd stated that he did not feel tMe me a matter for
boYaeil to gat involved in, although fully wedesetending Mr. Bscirr's
eoneern. -.
Moved by.Counailaan Dempster, Seconded by Councilman Finch that
the correspondence be received and filed. All in favor.
Mayor Besetti asked if there were any oral communications from
the audience. Mrs. Louis Mercer, 10550 Whitney Way, Cupertino stated
tint she wished to ask about the Regnart Creek ditch. Mayor Benettl
stated that this would be covered in Mr. Storrs report and asked if
Oft would mind very much waiting until Item IX in the Agenda was be-
fora the Council. Mrs. Mercer agreed.
VI PUZIC SURInds:
A. M. W. Kelly 8 C. D. Marshall: Application 66 3 67 -Z-62
to rezone Lots 34 8 35, Tract 584 from R -3 -n to R -1; .
Felton Park Subdiviaion, south side of Kirwin Lane. Re-
commended by Planning Commission Resolution 118.
Mr. Mark Kelly, 20548 Kirwan Lane, Cupertino stated that when
be and Mr. Marshall bought their respective properties, the properties
were zoned A -1. That in 1955, the County rezoned this property R -3 -B.
Since the properties have been used as single- fanlly properties ever
since they were purchased, Mr. Kelly and Mr. Marshall asked that the
zoning be changed to R -1.
There were no protests from the audience in this regard. Council-
man Balch moved to close the Public Nearing. Seconded by Councilman
Finch.
AMES Councilman: Dempster, Finch, Jewett, Balch, Senetti
NAYS: Councilman: None
ABSENf:Councilmen: None
XMnM CAR71®: 5-0
Councilman Balch moved that the City Attorney be instructed to
draw an Ordinance rezoning the lots as recommended by the Planning
Commission in their Resolution Mo. 118. Seconded by Councilman Jewett.
AMES Councilmen: Dempster, Finch, Jewett, Balch, Benetti
ARTS: Councilmen: None
ABS=tCouncilmen: none
NOTICm CARRIED: 5-0
B. Luverre B. Stover: Application 65 -Z-62 to rezone
Lot 38, Tract 584 from R -3 -R to C -1 -n; Felton Park,
Northwest corner of Highway 9 and Kirwan Lane. Denied
by Flaming Commission Resolution 117. Appeal.
Mr. Albert J. Roffo represented the applleant and reviewed the
and went the plane were, it the appeal is looked upon favorably
bY the COwncil. go Van Reek realty Company will use the existing
bNtJdSft t"410 twoeCommercial properties, it can only be zoned commercial. That
.�. - 2 -
mr MW
the lot, after dedications for the Highway, Will be too small to do
weh with. Het that at a later date, when the highway is in end all
seems to be aetU d, they will consider putting in a permlent atMC-
taro. Hr. does not feel that at the present time a permanent structure
would be wise.
Mr. Ruffo further stated that Mrs. Stover was in a 'nutcracker'
alusatlon. She is surrounded on three sides by commercial and this
wY a condition she had no control over. But her propm-CY was, front-
ing an logical type a It would sees that 00=02 I&I zoning is the only
She 11f7'd3`Aaked the City Clerk if there ware ahp written pfoteets
do this applieit3bu.. the City Clerk stated that at tbp t m of hearing
before the P Qolaelasion, there Was a petition tiiplsd
this zoning,. ?e Myer 8,6118,6111011 if thee ws WW
" 1 .90
td MOd to express any siswa abort this &Me"'
ID'. gut %1Uy stepped forward and stated that At ws =0 Or
am slow of the patiU m and that to and the otherei�ere felt that
even though a real estate office does not sees too objectionable, their
gain concern was the zoning of C -1 -H. That the rOsl estate 6ff1" sa---
be around for a year or two, but with this type.of sonim it left the
or
do open for almost alcything. Since their hoses were adjacent to this
property, they felt that commercial zoning would be objectionable.
Mr. Ruffo stated that these property owners were the very people
who created the real estate office across the street from Mrs. Stover.
I at they had all written letters of approval to the Council and Com-
mission at the time the applicant came in for zoning on his property.
Mr. Kelly stated that this was true, but that they now felt in
view of the appearance of the existing real estate office, that it
was more an eye -sore to the neighborhood and they now feel that it
was a mistake to endorse the first real estate office In the first
place. That the original intent was to conduct a real estate busi-
ness from the garage, but now the whole house was a business.
Councilman Saich stated that as far as he could see, one of
the main objections was the fact that the existing structure was to
be used.
Mr. Ruffo stated that due to the shallowness of the lot, it
was not believed practical to construct a permanent structure. Also
the picture In this area could very well change within the next few
Yen" and then a permanent structure could very well be considered.
Councilman Salch asked if Mrs. Stover had made dedication in
connection with the widening of Highway 91 The City Clerk left the
chambers to get the records that indicated these dedications.
Mrs. Rose Giddings, 20375 Silverado, Cupertino, asked the
Council If Highway 9 takes its slice of of the property if there is
a possibility that the property would go back to R -1 zoniW The
answer was possibly, but that it was difficult to determine at this
time what could happen in this regard.
Councilman Salch moved that the Public Hearing be closad. Se-
conded by Councilman Finch.
AXIS: Councilmen: Dempster, Finch, Jewett, Salch, Benetti
hb1YS: Councilmen: gone
ABSM:Councilmen: None
MD'OK CARRIED: 5-0
Mayor Benetti stated that in looking over the Planning Cosmic -
ston's Resolution, No. 117, he noted that there was a unanimous vote
to turn down this application; 4 AYES, 2 ABS=T and 1 ABSTEW ION.
Councilman Dempster asked if the City Manager had any comments
to make on this application. The City Manager stated that be had none,
other, than to rat what occurred at the Plaming Cowission seetiryc
When this application was discussed. That with the real estate office
aeross the street being a residence converted to a bueirece, and this ly compound the
objeatlW • situations ihtttls iiss & vaary small to be
wed for cosweroial business. 3 --
The applicant-. representative, Mr. Rur'o, arose to a point of
ceder, stating that 1e felt that when the Council closed the public
bmwiM And then discussed the subject, it mar. ;t it impossible for the
aonlieant to e=pl.ain urn, any questions they have rsiW in dISCUSSl0A
t may not have come up before the public hearing was closed.
Nsyor Banettd asked the City Attorney if.the Council were with
in their rights to discuss an application after the closing of the
0t uhnoot bye viollaated,�thattthhee Caunccildcould di. amass an application
ji-tiis interest of clarifying in their minds any questions they way
have about the application.
0ouncilman Tineh sa that the public "hsarin be is.•- opened.
7$60i(2ed by 0kadi2ma Dempster. All in favor.
. litho stand that`.COmmisslonar W0124W t Yla� fbr►
i ifpp� :o ea for dental of this applicatiee- %ftt'lfad i1: ested that
come In witN1 definite plans of whet ,is. to, be. done to thin
aLo that the applicant contact the pa�operty over directly
to am t8G'ptn if possibly both lots. could be utilized for
�.
Councilman Dempster. asked Mr. R. J. Small, a meshes. of the Plan-
adft Commission if. he would review what had transpired at the meeting
on this particular application.
Mr. Small state_ that all the points had been covered and that
the biggest concern of the Commission was what they would have two or
tbree years from now. The real estate office was one thing, but with
this type of zoning, it left the door open for may different types of
businesses and this seemed to be the biggest objection.
The question was raised whether the Commission knew at the time
they voted on this application, that a real estate office was to be
the business. Mr. Small stated that they were aware that it was to be
a real estate business, bk: as to the new of the realtor, they had
not be informed.
Councilman Pinch moved the Public Bearing be closed. Seconded
by Councilman Jewett.
ALBS: Councilmen: Dempster, Pinch, Jewett, Balch, Benettl
MAYS: Councilmen: None
ABUN T:Councilmen: None
MOTION CARRIED: 5-0
Councilman Finch moved that the City Council accept the Planning
Commission's Resolution No. 117 and deny the application. Seconded by
Councilman Finch.
AYBS: Councilmen: Dempster, Finch, Jewett, Balch, Benetti
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED 5-0
Appeal was denied.
VII ORDINANCES AND REMOTIONS FOR ADOPTION:
A. XMINANCE 221: Rezoning .67 of an acre property of
Oagliasso, Stocklmeir, McCarthy from "AN' to N -1 -R;
south side of :tevens Creek Boulevsd, adjoining Oast
side of the S. P. railroad tracks. Second reading
(Appl. 64- Z-62).
Camcllman Solch moved that the Ordinance be read by title only.
Seconded by Councilman Jewett. All in favor.
Or Cittyy Clerk read Ordinance No. 221 by title only. "AN ORDINANCE
'lam CITY
OF CoPlrr r= AWN DING SECTION 1 OF ORDiNAWN NO. 2 Er RB-
*wjwF= A C!!Atism ramm OF TBS CITY OF COPZWM MM AN "A"
MMSMCT To AM M -1-9 MSMCT."
NNoved by 0MMIlmmn Jewett, Seconded by Councilman Dempster that
Ordinance 1e. 221 be amacted.
IMP
B. R31pMON 673: a," notice iroposed it arewwtion
Certain minbibited territory, dee
62-4% giving notion of tins and place mid council will
hear ;trotests tberato.
Councilmen De•pster a A Shat theResolution date b* rood by
oak with the Linn of the p olio hearing .
a: emmilsao Baich.
774
• W� >Bs
P.N.
awami3 a Baisb'Mm H YNi Noealrtia b. el3 be sftPW• Bs••
saBMi 4 Carilan am".
Ooeeailems Nag VAMS16 Jwmtt. 'alsb. foNatti
Cseesilrs: Now
Ammmobe lls None
l
Ss City CUM @6&6" 00% than w anctbes Nosy mine to be
adopW i• sensation with • pepme& aesrstian tDae do hat got an
tae s�ft , Dee has ra4 tae os$PUM. Novsd
sssseiat low Cowni:ssn some" that Nasolvtios b. � � inefasor.
title aal7, giving tan tisa Me Nets of p Uie hearing.
62 -1 >1P7lb NaNi� CBNii>9 PiNBZNOB BNBTN M BALD PlOIIOBAL:� /IR
SIMS NOP10B OP +ms AM nAM SM OWAMML WM
20. s " 1lS7Q.lBD w = CM[L OP = CN COf� tho
data of ww a�nwi�a handed; is aeons" 7, 196Q at tha bas of 8:00 P.N.
in tan City Offlee of wo city at Owertino.
VM PAS NUJ3:
L. BBlOINIIri aC t
So City lrawroe road Molntion b. 674: 'NNBOLNn M OP is
MY COO1b1L OF M CiT! OP 01 N = allowing certain claim and
dmoaft is the nun of 613,361.63. Domd be. 3310 thm 3339. Flu*
Weeme Dapastmat claim and dmaedm wrd
in tb+ am of $1,231.58. D
Nos. 1109 thra 1119.
Nrsolstnow tw C�ladsptad , 300006" D7 Councils" Dsayetes that
AU is CouooiLae: Dmapster, Pinch, Jewett, emieh, Denrtti
wAsk Oouomila : Now
Mawaf7ounciLen: Nona
MOMNS CAMMED 5-0.
City Tromarer read Nasolntion No. oi,: •RMWEM 0P M CM
G IL Or M Cn? OP CMMMV allorl certain claim and demands
in tan son of $4,28D.52. Leaned Nan. 32� shwa 3309. Plan Water Ds-
rp pe n ent claim sod awards is the am of =600..2. Leased Nos. 1106
toss 1108.'
ebw by Comrcilemn $eioh, seconded by Councilman !inch that
Nesolation b. 675 oy adopted.
�Cammilan: DmgatNe, bash, Jewett, gaich, Basiti
i Omeemilsee: Nets
.n•s:ollams: bs»
GAMEOD 5-0.
.. 5 _
• W
Mayor etti called s 10 sin to recess. The meeting reconvened
set 9:15.
U. FMOR! ;r OFFIRSNS AND CCIMIISSONERS:
A. Roc .c^_ OF CITY 1 M.
The City Treasurer staled that he had nothing further to report
other than the ash Balance statement that all the Council had before
.bend.
RD= OF CM MR000L
City der states Ujtjw =old report -on tnd.-
>ttea, since ass. M •dad "Ififo goo kind to•wlt WiM, tWX point
jtketirs.
g 86 stated that he had VAtten a letter to Flood'Conts"I askina
about•the fencing of "be P-- N-*W "bad beard nothing from ch". Be
W& placed a telephone eall.to Flood Control the morning of the meet -
'l a Jjd- waa told that this natter had been turned over to the Depart -
nobt of Public :corks fora report to the Board of Swperslooraa for
action. Monday was Board of Supervisors' day and he did Dot know
gnaI had happened, but felt sure that by the but asetir; the" should
be some deft to information about it. Be stated that he will L'sep
In touch aith mss. Mercer and advise har of what is happsatng.
Mrs. Ifer"er said that she and her ceighbora -era all concerned
about the creel tch that runs In back of Siirerado. •:Trot at the
time these h,ixz were purchased, the salesman stated that its ditch
would be fit -e' in and that property would eventually revert back to
the owners, a-- that it would be fenced. Sha had called Flood Con-
trol and had :a-- advised that this inforsaticn had not come from them,
that possibly :-e information cams from the City Of CupertinO. They
are eo., ^.erne_ _ause this is a natural crec'c bed and the banks are
ezamtli g ar.-I __ some places the depth is frox six to eight feet.
Besides schoc: :_tldren in the area, there era also toddlers who might
fall into th': `itch - try as they my, it :s 3ifficult to keep tie
children away _,:m this area.
Mrs. 15e -:er further stated that she was led to believe that
the storm dr3= :Ines would not be put in un::i such time as a developer
2wprbves this =^ :zerty, and questioned if thta :a true, t' -n this ditch
gay remain c;•a- _rr months or even years to cone. Mayor benetti told
P--s. Mercer __.:.t the storm drain fund was in can3tant use, that the
storm drains not put in only Then pro;e••cy was developed. That
developers c:_ :_Itute their proncrtionate stare to this fund to be used
In the City. Be felt sure t5at this problem would be alleviated long
before the r=;arty was developed.
City !tuazwi3er stated that a letter had been received regarding
the set back :mss on Tract 2860, Cupertino Properties. The recorded
gap indicate: a :O foot set back, and theca lots provided carved drive- -
ways, which -_-.der Ordinance No. 220, permits a 15 foot set tack. The
Title Comp.z� := gusted an approval from the Council to change the
romp according-T. The City Manager stated that this had been checked
yy the Chief :31nd Inspector and City 9rgineer and himself and it
gas found tc :a In order.
Moved ': '_uncllman Finch, Seconded by Councilman Saich that
the change be •'owed as requested. All in favor.
The CI_T Amager stated that a letter had been received frT00
the DeOro C.:t I answer to his latter requesting their feelings on
Mb improvements of their property as regards, curba, gutters aiA side-
9101k. The le::er informed the City Manager and Council that at thle
• - tfse, they w f4tnaneially unable to make t'ase lmprovemer.:s, but v! :uld
at so when the a Joining properties to theirs .nde theca improvements.
Mayor Be.7�--tti stated that he felt there should be Issue taken
gflth th9bo app"ants who Cwoo in for pergisslon to build, move or
NvAWAIe1 thei-- establishments, when they are given time to make the
atoarsary SmF--resenta as required by Ordinance. That a definite time
pseidd should be specified said this tins period should be met. The
fthryae was inf rant that a search of the records did not U011cate that
mgt specific Llwe period was set for the DsOto Club to make theme street
iswesmements.
The City wanagsr further stated that 11r. Maggio had reWbtad
pEll7SgIdon to Improve the =I-de-sac on Binary Avenue and that he
met be required to poet a bw4 for the improvements. The City Manager
IIU7ajgmOdld' In vier of the feet that when Mr. Maggio had constructed
ache he on Blaney Avenue, be had not been required to post a bond for
tab 1St improvements, but had frilly compiled and oeopersted with
We City in putting them in as required, that M". Regain's request
be ®dented.
Wad by Councilman Jewett, seconded by Councilman Daegstar
q_VW:'1oio'a request ba; @gW&N4< AU in favor.
Cluft Golf If
ad contacted � r eow int oftice to
drainage problem. Ciay. imported that he and
ginser and potslbly someone >"!om £ha County, a2 � ed this war not •their jurisdiction, *mail- with
and Mr. Hags to• try and come to some am1c1Wb'agrasmshtt
the drainage pwoblam. Be will keep the Comeil advised of
Ar;- location of Utilities - Highway 9. Insomuch As the County
hem saamrad the C_ ; 8hat they will have an opportunity to audit the
paeI I costs of moving the San Jose Water Works eater lines, and that
me pgmsnt will be made until all are satisfied that the costs are
fI. and lust, that the Council may now wish to execute the agreement.
COMud2mso Dempster stated that be does not feel the Hoard of Supervisors
41000126 have the authority to disburse funds for the City of Cupertino.
It was further stated that work had been stopped on Ligfiey 9 until
Spring of 1963.
C. RBFOR^ OF CITY ENGINEER
She City Engine: requested a Minute Order accepting the Improve-
ments of the Cupertino Station of the Central Fire Protection District.
Moved by Councilman Dempster, Seconded by Councilman Saich that
U10 lWrovements of the Cupertino Station of the Central Fire Pro -
tectlon District be accepted as per City Engineer's recommendation.
The second matter brought before the Council by tM City Engineer
me with regard to Mr. Maggio's request far the waiving of the posting
Of a bowl. This ratter has already con approved by the Council.
The City Engineer advised the Council that the pipe line would
be rN4y for use as of November 19th, the date of the meeting. The
dasdIlm had been set for November 20th, but had been met a day sooner.
The City Engineer also advised the Council that they were lacking
five authorized signatures to complete the Assessment District, LT.n /l.
Stevens Creek, and it could, therefore, not be presented at this steet-
im-
The Wolfe Road Bridge has been designed and the beat tape of
bridCe for this particular area seems to be a 'drop structure . It
would be the most practical.
The City Engineer asked the Council about the street deficiency
repast that had been requested several months ago. He stated since
therm were 38 sales of streets, that this would take considerable ties
in eowe131ng. It was concluded that the biggest problems seem to
OMMRW % round Blaney Avenue and Homastead Road with regard to drainage.
01en City .%nagar stated that they Would attempt to get the people
laaolved interested In an assessment district, although previous attempts
had not been too successful.
D. REPORT OF THE CIT! Awom nzy
The City Attorney informed the Council that he now had an agree-
ment to be executed by the !Igor and City Cleric with the City of Sunny -
vmte. This agreement covered the participation of both cities In the
imatmllstion of the traffic stgam' at Homestead and Stoll ng inter -
mMU*ft. The City Attorney resommandel that this Agreement be executed.
Rw"d by 0ounoilmcu Sarah., Seconded by Counoilwem Dempster that
am City Cleric \rp igsW to axaoate the agreement with
0 w
ftq City Attnrney advised the Council that he had received a
fosO e{ $eaolution from the County of their intention to take over
t'paoa or the expressway that will go through Cupert3iw• Also
till
county viahed the City to adopt a Resolution consenting t0
t fag over by the County. �v�slor fines Trost %III
Mt* imited, however aqy wrote to the County Counsel
the City p s City reWluti _
t
they L draw up lo�rltheil =sidaration. so that it to ble
he MWt
�SalB33s:
VmwnffMM
s A 9Mb- CoaStlea eee"M we
C %jullA Cojlltsa - No�Der 21, 1962- ilh@ Council
air °Bald be advisee'ta mired at ttai eent3ng.
� . • +,-1 a -i'.'t • ..
'Miscellaneous -late
gi AWOOA422f: 9:50 P. R.
APPROVM
A
�-�iqty ilIel - --
/3 John REnetts
yor