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r I-, Y 0 P C U P E R T I N O
MINtTlE4 POR TFU± RE!'JIA= MEFIIF" OF iRE CITY COUNCIL - February 4, 1963
Place - 10321 So. Saratoga - Sunnyvale Road
Time: 8:00 P.M.
I SAZ= TO THE FIAC
II ilalae. CUL
CeWelUmn Present- Jewett, Finch, Saich, Benetti
Oosedlfen Absent- DrmpsteI-
- slater Present: City IYm®er: City Attorney, City Engineer,
City Cleric
III L MWM OF TFM PREVIOUS MBRTM - January 21, 1963
Page 3, 4th paragraph of City Attorney's Report, should read
. . . . . . Pruneridge 7, 62 -6 not 116 -6
Page 3, last paragraph of City Attorney's Report, it should be
PruneWAp 1,62 -6, not 162 -6.
Page 3, last paragraph, continuing on page 4, should read: The
City Engineer reported that the County had changed the channel design,
but it was doubtful if there could be more `.han a $400.00 reduction.
The report will be presented at the February 4 meeting.
It was moved by :o,mcilman Saich and seconded by Councilman
Jewett that the minutes be approved as corrected. Motion carried 4-0.
IV REPORT 0" THE ?jklpNINC COMMISSION• (See Planning Commission
minutes of January 29, 31, 1963)
Chairman. Snyder reported on the Planning Commission Meeting of
January 23 and 31, 1o:
The Stoneson Development application is continued to March 25.
The PC Ordinance was -_t official, and the Cormission moved therefore
to bare the Staff re,.ew and report on compliance with the ordinance.
The Marlani et a! application requests three types of zomnZ.
commercial, light in_�strial and professional office. No decision
made.
The Commission. -et with Mr. Fenley of the school district.
Mr. Fenley planned to present the Commission's views on the site on
the Mariana property at a meeting in Sacramento February B. and report
back to the Commiss._-.
Approval of the Voss application asking for R -1 and R -3 zoning
was recosoended.
A rigr application for Portal Plaza was denied. The Commission
felt that since the applicant is one sign over the limit, another was
stretching the ordinance too far.
Rfre Commission has agreed that a Polaroid camera would be a great
help In pbotographing terrain, and various sites for presentation to
those Commissioners who are unable to visit the properties. The prints
would be on file.
Comeilmsn pinch t!- gilt this would be a worthwhile purchase, and
that H- Control would ^-t u camera to good use.
The City ranger pointed out that a camera becomes a plaything.
If pletures are necessary, the appllcz.* should provide them.
Counell, requested the City Manager to submit a report on price
of crests. film, and an, pertinent information on a Polaroid camera.
V OML AND YRI*M1W CoNkJNICAT 093:
A. So oral comsorNcations
r
N Written Co. alcations
1. Letter frog Mr. Warner V. Wileon, dated January 31,
appealLnC decision of H- Control Coanittee on Macdonald's
Restaurant. (Set for a be2ring February 18, 1963)
2. Rational Conference of Christians and Jews, expressing
gratitude and offering assistance in planning prcgrsms of
observance for Rational Brotherhood Week.
3. Letter from Board of Supervisors on Expressway Agreement.
W. Letter from McKay 3 Sores req.testing extension of final
map approval.
It was moved by Councilman Jewett and seconded by CoUnCl-U o
vine& tw-the comri miations be, itseeived and filed. Motion carried 4-0.
V1 "Nue HBARIM:
A. Ds- Annexation Hearing: Proceedings to Exclude a Portion of
�bi( Territory From the City Designated eRae Exclusion
is tauten protests have been received.
11t was moved by Councilman Salch and seconded by Councilman Jewett
that the protest hearing be closed.
A1$: Councilman: Finch, Jewett, Saich, Benetti
AM=: Councilman.: None
ASR'!f: Councilman.: Dempster
lbtlon carried =-0
?be City Attorney read Ordinance 226. Second reading will be
Pebruary 18, 1963.
VII AHCMTECTURAL It SIT3 APPROVAL
A. LES -TOM 3r=R1SFS: Application 61 A & S -63 for architectural
t site apprc:al of Lots 5 k 30, Tract 3277, Wolfe Rd., west of
FAller; tr: =lex units. Approved by H- Control Conditions.
minutes of the S Control Comoittee Meeting of January 22, 1963,
stns a action was made by Frolich to accept the plans as submitted with
exceptLces:
1. Five- gallc- :=ees be planted with a minimum of three trees
per lot.
2. 'V rustic to added on Int 30 front and side elevations.
3. Parking to to subject to the variance requested.
4. Lot 5 have :wo additional covered carports.
Mr. Tom Fame, ::17 Hamilton Ave., San Jose was present to answer
any questions.
Cameilman San: " - moved that Les -Tom Enterprises Application 61 A &
S-63 be approved as recommended by H Control with their exceptions.
A discussion followed on the rear yard setback on Lot 30.
SM City Attorney pointed out that it is necessary that a vart.anee
appIlentlon shall to ride in writing in order to comply with the City's
ordlsreom. He pointed out a case in the past where n title company had
"-fumed scanting firal map because thc- procedure hadn't been followed
throug1t.
the City Manager felt a variance is necessity in order to comply
With 22M ordinance, also for the protection of the developer.
Cmmaw:llman Jewett asked if Council would be on safe grounds in
appaowlmS H -Control subject to application for variance, and final
apptowl not granted until verlanav approved.
fApar Beratti: This should have been caught be.'ore and should have
beimmVr_latad out ttat ^ome changme were necessary.
Commissioner Small: W. gimlly tb* Uroid carports ereoornea
the I", *.Control elotse
of l has been trying
aareed that �rai :giazQeieeda�sdcai0ledbiotartThe beiisreettr
The applicant t
prnoperty,�estenslo put onto the garage. There were t0o carports
facing the street.
Miybe Hes:stti: It should i:ave been the duty of H- Control Committee
to turn damn the application because it was not found aesthetically'
correct. If the applicant didn't like it,. then they would have 0040 in
with sostrUdM better. Applicant should request a variance•
Mr, peek said he thought they ware coMplyIng with the requost that Wd
they ask far wrianee. It was a aismsierstanpinB on their part,
nowt amt tt O N-COntrO1
o��e and two
could kbe considered. �
M jM 8emetti asked, 'What about the feelings of the H- Control
Cot'.ttw. .
@ity Forney: Morally variances are to push buildings back on
the propsrt7. it ie true the structure eight be more beautiful, but set-
backs haw a definite and specific purpose. He is asking a sacrifice of
setbacks.
Mr. Lester Rose, 1370 Oreenenwood, having one6Bcarportto t rear If they
could leaves three garag n
of the other building.
Commissioner 8ea11: The applicant got into this by accident by
trying to comply with a H- Control request. Actually, it was a cooperative
effort or. his Pte•
Councilman Jewett: I would like to see one lot in questicA approved,
and recommendation made that variance be applied for, using a four-cor
garage on the warner lot.
Councilman Saibh withdrew his motion.
It was moved by Councilman Jewett that approval be granted on
recommendation of H- Control Committee, and that a variance
Lot /5, per reco
request be forthcoming on Lot #30. seconded by Councilman Finch.
AYES: Councilman: Finch, Jewett, Saich, Benetti
MAYS: Councilman: None
ABSEMT: Councilmen: Dempster
Motion carried - 4-0
Mr. Fans asked then if Lot d30 had been turned down. The Mayor
answered that this has not been tu_^ned down. They are unable to act
on it.
VIII ORDINANCES An RESOWTIONS FOR ADOPTION:
A. ORDINANCE 225: Rezoning Property o: Mayor. Brothers from
First- 1:B acres an the
side of
1963odriguea.
B. RESOLUTION 701: Giving Notice of Des bang Said Territory
of Certain D:dnhabited Territory,
and Designating !t By the Nana of 'San Juan 63 -1 ": Giving
Mutice of Tice a.:i Place Council Will Hear Protests Thereto.
Data of Hearing: March 18, 1963 8:00 P.M.
It was mover by Councilman Finch and seconded by Councilman
Saich that Resolution 701 be adopted.
AYi3: Councilmen: Finch, Jewett, Scich, Benetti
am: Coanailsen: None
Akers Councilsen: Deapeter
Mtioa Carried 4-0
C, n9OLUTION 102: 01" Notice of The Proposed Annexation of
Certain Uninhabited Territory, Describing Said Territory and
Dssignsting It By The Aare of "Crump 62 -3 ": Giving Notiee
of Time and Place Council Will Hear- Protests Thersto
Fearing March 18, 1963 & o0 P.M. City Hall
It was moved by Councilman Saich and seconded by Councilman Finch
that lesolution 702 be adopted.
,tms Councilman; Finch, Jewett, Saich, Benetti
NAlt Councilmen: lions
Alm Councilmen: Dempster
Abff l Carrled 4-0
♦. 40BOIATIONS 699 & 700
3Vb -1 s moved by Councilman Balch and seconded by Councilman Finch
that lsrolution 699 be adopted.
An t Councilmen: Finch, Jewett, Saich, Benetti
NA30. Councilmen: None
AMMM: Councilmen: Dempster
Mletlon carried 4-0
It mat moved by Councilman Finch and seconded by Councilman Balch
that lesolution 700 be adopted.
ATE S: Councilmen: Finch, Jewett, Saich, Benetti
am. Councilmen: None
aRMW: Councilmen: Dempster
Motion carried 4-0
X RFPORf OF OFFICERS AND COMMISSIOIMS:
B. REPORT OF CITY TREASURER
No further report
B. REPORT OF CITY MANAGER:
McKay & Somps have requested an extension of one year. for
Rodrigues properties on Rwy 9 and Homestead Rd. This is the final map.
The City Manager felt the request to be in order.
It was moved by Councilman Jewett and seconded by Councilman Finch
that McKay & Somps request of one -year extension be granted. Motion
carried 4-0.
Belmont Hcmes, through McKay & Somps, requested a one year extenslon
on final map, north side of Merrit Drive.
It was moved by Councilman Jewett and seconded by Councilman Saich
that extension be granted. Motion carried 4-0.
?be County has given permission to submit gasoline bid with County.
This is a saving of about 60 per gallon.
It was moved by Councilman Saich and seconded by Councilman Finch
tnat the City Manager be authorized to notify the County that Council
has agreed. Motion carried 4-0.
The City has been officially notified of the County's decision not
to fame Begnart Creek.
On January 31, the City Manager attended a meeting in San FmntisCO,
with the D1v1sion of Highways on the Wolfe Road interclange, in respor +e
to Co®al215 action on reports asking that there be a modification In
the flmmt 0 agreement, It was tae recommendation that radii of the
loops to langthened, service roads be widened, siganlization on left
had tmm'smhere service roads connect bw recuired. Rhe City Nuager
q'
s
regawW a Minute seder authorizing him to write to the state that
Connell Led endorsed the recommmidation submitted to the highm"
It was moved by Councilman Jewett that the City Council go on record
avd that the City Manager be authorized to correspond with the State
staUM that Council is in agreement with the recommendations presented
on Wolfe Road ,.nterchange, of two loops and a diamond. Seconded by
Councilman Finch.
4MIS: Councilmxu: Finch, Jewett, Salch, Benetti
alil'See COIDellwen: 2
ANOME11: Councilmen: Dempster
1kila n carried 4-0
lass City Manager asked if Connell was ready to take action on
aeiNmisl 1mn -of Civic Center Site,
It was moved by Councilman Jewett that the City Manager and City
Attmaaey to authorized to prepare the necessary papers for the purchase
of five acres for the future Civic Center Site, and to prepare papers
for an option on the purchase of an additional 1.5 acres. Seconded by
Councilman Saich.
Alm: Councilmen: Finch, Jewett, Saich, Benetti
Ma23: Councilmen: None
ABSENT: Councilmen: Dempster
lotion carried 4-0
The report on Portal Plaza, Mobil 011, and Haywood Terrace Checking
and Inspection charges will be presented February 18.
A letter was read outlining program for a Fleeting March 13 and 14
Jumaaile Delinquency. Councilman :ewett will attend.
p»h:vary 13, the Hospital Commission has a meeting. City Manager
will attend.
C. REPORT OF CITY EiGINEE.
1. Portal Plaza (Pile `_1 -4)
Developer was requested to file dedication with Engineering
Department for checking and processing. He did not do so.
Resolution 698 was issued, per a special request of Mr.
Yamaoka, who then failed to comply with the condition that
he file the description.
It was moved by Councilman Pinch, and seconded by Councilman
Saich that Resolution 698 be rescinded.
A37S: Councilmen: Finch, Jewett, Saich, Benetti
SAYS: Councilmen: None
ABSWT: Councilmen: Dempster
Motion carried 4-0
2. Tract 3149, Somerset (File 62 -1) (Consulting Engineer)
Improvements gave beei< ,.omplateO in aocbr c -nce with the'
approved plant.
It was moved by Councilmen Saich and seconded by Councilman Jewett
that imep'ovements in Tract 3149 be accepted as recomvmended.
AMXS: Councilmen: vino, Jewett, .aich, Benettl
ZEES: Councilmen: Move
Sill: Councilmen: Demister
lotion carried 4-0
3. MW CUM 0= CO MAX DRAIN (Pi? s 0
Letter resolved f"s County Department of Public works,
j hill contribute m e-iib rd of the Cost
of =tallatia:, of atom sewer batween wolf Course entrance
and Stevens Creek. This is the ratio of the County area
storm runoff and is a reasonable figure,
$500 will be paid by County, $1,000 by City.
CaLmailman Saich felt this was a reasonable agreement.
Me City Engineer Said this is a "hot problem'
Councilman Jewett agreed that this was %.Ot" and be is glad to see
2! iamolved. seconded by Com*110an Finch
It was eoved by tare the City Enginee�rmabsrizedtto and the 0moty'm proposal
contribution of one -thlsd of the cost of the stoic serer.
Owl Counoilm'm: !inch, Jewett, Saich, Denetti
mat Councilmen: Mme
IP: Councllmen: Dempster
lotion carried 4-0
D. RlT W OP CITY A'limY
Me City Attorney requested a Minute Order authorizing the City
Mmoger and City Attorney to contact Southern Pacific to resolve the
problem of the non- conforedng buainess short of litigation.
It was so moved by Councilman Jewett, and seconded by Councilman
Fis=b. Motion carried 4 -0.
11 UNFINISHED BUSINESS
A. County Water Commission
Nothing to report
B. Proud Homes, Inc. (Fontainbleu): Requesting further review of
Ordinance 216, recr•1r1ng assessment toward Wolfe Rd. bridge;
also, Ordinance 208 pertaining to Les -Tom apartments (Report
continued)
The applicants had agreed that $3500 woe their full share of the
;ridge costs, based upon total cost of $30,000. The. County changed the
general design, making some of the concrete thicker, and increasing the
cost to $41,000. The developers felt there should be a benefit ratio. Tom
Tie estimated vehicle benefit is $54,225• $4.75 a mile. Les drainage
=pterprises benefit pe.- dentate will be 24.85%. $13,475, l
fees leaves $6WO.
Pontainbleu, benefit percentage of 24,52¢. $13,296, less drainage
feem $6,995, A deficit of $6,304.
it is hoped that the County will pay $16,000, leaving $ 6,000 to
be paid by the developers.
Councilman Finch asked why the storm drain fees were subtracted.
The City Engineer said the City rays alf the roadwork, around Is an
ast�t to do something h about thercost.LheCost ofpunits Sa back to $50.
Mayor Benetti asked about the storm drains. Row does it have
arpthing to do with the cost of the bridge. What we are doing IS allow -
Lig credit for storm drainage. We don't take off signalization .
Cameilman Pinch: I don': think we are trying to decide where the
m'ce" is coming from. we are trying to decide whether the fee of $50 is
flair. I think the City Engineer did a fine Job. We can't try to write
off the entire cost from the general fund. This report justifies
ammaraing the developer in the amount of $50 per unit.
Councilman Jewett: we have tried to set a standard for a developer
to psy for each unit. I think that is all we have to come up with here.
-6-
.. ....d,_i. _. .
The thir+I I am oppoeed to is that thin is a bridge that is going to be
vital to Cupertino. I think we are trying to get money from one little
shell, and we can't do Its
It was moved by Councilman Pinch that the report be referred back
to the City &)gineer for a cost breakdown on the two developers.
Seconded by Councilman Jewett. Motion carried 4-0.
C. Miscellaneous
None
III Nei HQSINRSS
A, Miscellaneous
Councilman Finch &sled about the :Steven ?;reek Rd. Asseasment
Distalot. He wanted to know If the road would be torn up conPletely for
impffavement, how owners would .S-a assessed, also about intersections.
?bore was a report pi %vared by the previous City Engineer showing
amsmare to most of Councilman Pinch's questions. This will be pre-
sented at the next meeting.
Councilman Saich asked why Cupertino didn't try to Join with
Ssata Clare and San Jose in the Assessment District.
The City Manager had contacted the County, and learned that due
to different jurisdictions being involved, there were many problems
.a yet unresolved. Cupertino would probably do better on their own.
Meeting adjourned: 10:20 P.M.
Zs/ ;fohn G. SSenettl
i ay o:
AT"_'FSr:
Lawrence K. Martin, City Clerk
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