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CC 04-01-63VV -'.°. _t 20322 30, camtoga- Smniryvale Road 252-7505 C I T Y O P C U P F R T 1 N 0 -a—L! orfl a 110UMM FOR THE RflCUTAR M�lING O? 'rn CITY COONCP - Api'11 1, 1963 Place: Board !loom, Cupertino School District, 10300 Vista Drive 8:00 P.M. f. 2 SMM TO TO FUO k ]i 11= CA1Ir Ca mdb= prewt: Dempster, ?inch, JMMettr Balch Coumilase Absent: Benetti estare Present: city r. ciity Clem 7iY M<01Um OF THE mmmm NMTINO - March 18, 1963 Cbmmilman saich maAd that the minutes be appmomed as submitted. leesoded by Conancilmazn Finch- All in favor. 19 =FORT OF TRB PLUMYIMRi COMMISSION• (See F7arwd Commmisslon Minutes of March 25, 26, 1963). Clairman Snyder reported that the Planning ComP.isLion had: 1. Approved Stoneson Application to rezone 69 acme to PC -H, vote 5 -1 2. Continued ExCell Application to rezone from R -1 to R -2 -H. 3, Approved Camino Del Homes Avplication to rezone from A to R -1, subject to ara2e=tion. Tentative map also approved. !March 26, the Commission met with the Planner, to discuss Objectives and Principles of the General Plan. :next meeting with the r -anner will be April 9, when sketch plans of the Master Plan will be presented. The Commission will ptbrably want to meet with the Omnwil two weeks later to review the data presented. A. Camino Del Homes: Application 23-+M -63 for tentative map approval:. 88 lots northwest of Ter :ace D-1-re, presently being annexed. Approved by Planning Commission. (Minutes of Mach 25) the City Engineer has approved the tentative gyp• All lots are i-n excess of 750'. Annexation may take 30 days. It was moved by Councilman ?inch, seconded by :,Uncilman Saich that Application 23 -TH-63 for tentative map be approved subject to azzwmation. Motion carried 4 -0. T ORAL AND WRITTEN COMPEUNICATSCNS Mr. Tom %rrescanc, 10412 Glenview Ave., Cupertino, subadtted his resignation as Civil Defense Director for the City due to pre*-%ina business responsibilities. Be recommended that an Operetional Center be constructed underneath the proposed City Hall, so that the City could still operate in case of an emergency. 5u,wis can be secured frog the 'tderal Government for this. Also, Mr. Burraacano suggested that a part -time Civil Defense Coordinator be hired; i.7nds ccn also be obtained from the Federal Government for this, he added. Councilman Saich moved that Mr. Rurzascano's resignation be accepted. Seconded by Coumcilmn Dempster. Motion carried 4 -0. Councilman Saich moved that the City Manager be appointed acting Civil Defense Director. —a-conded by Co;mcilmai DeWster. All in favor. Written Communications 1. Letter from Philip H. Ingber, Alp:a Lind, appealing Planning Commission denial of variance. Roved by Councilman Hach, seconded by Councilman Dempster that the appeal be placed on the agenda of April 15, 1963. All in favor. -1- 2. Agenda - InterClty Council, April meeting Sakurs Gardens, M:)untain vier, also Minutes of prev_ous meeting. A report op Wages and Salaries Survey Committee attached. 3. Letter from Cupertino Sanitary District, John meting, re Mackay Ralo Alto Application 76-Z -63, off tract sewers rill be necessary. This must be annexed prior to filial approval. 4. Letter from Flood Control on Pricing policy for the rater pro - gram. Also a draft of a resolution for support of progt=R- 5. Letterer ofCCommerce na�D= May 10 -17 Front Yard 6. Petition frith 20 signatures iegneatIM Join Benetti as Mayor for in -0 year. T. fetter from Motional Guard Comission naming April 20-27 National lard Weak. Councilman Dempster moved that Cupertino proclaim April 20-27 National County National Guard and that Commission. Se onded by tCouncilmann Clara Motion carried 4 -0. Tt was moved by Councilman Saich and seconded by Councilman Finch that the communications be filed. Motion carried 4 -0. VI PUBLIC HEARINGS: A. STEVENS CHEFS No. 1 LOCAL INPRGVIVOIT DISTRICT The City Clerk reported that there had been no protests submitted either in writing or verbally. All property owners had been notified by certified mail that the place of meeting had been changed to the Board Roor, at the School District. The City Attorney pointed that the hearing is for written protest, since there are none, it would be in order to close the hearin3. The resolution, 655 -5 has been aprroved by the City Staff. The City Engineer recommended that bids be opened Wednesday April 17 at 3 :00. Then bids could be ana ly' -e3, and Council could meet for a short session at 5:30 Thursday c: Prrday to award the bid. It was moved by Councilmen Finch, seco.-rled by Councilman Saich that the public hearing be closed. Motion carried 4 -0. Councilman Saich moved that Resolution 653 -5 be adopted, and that bids be opened April 17, to be awarded April 18 at 5 :00 P.m. Seconded by Councilman Dempster. AYES: Councilmen: Dempster, Finch, Saich, Jel�:ett KAYS: Councilmen: None ABSENT: Councilmen: Benetti Motion carried 4 -0. VII ARCHITECTURAL AND SITE CONTROL- (See Mirrites of March 26) A. LES To ES._ Axplicatio 64 HC63 for Art ttural Site Approval - 2377- Approved by H Control. Conditions. Mr. Tom Fame, 1817 Hamilton Ave., San Jose was ,present. Councilman Finch moved that the application be approved as recommended by H Control, with conditions. Ceconded by Councilmen Saich. AYES: Couuxilmen: Dempster. Finch, Saich, Jewett NAYS: Couneilmen: None ABSENT: Councilman- Burnetti Illation carried 4-0 L B. THOMAS % TvaK43: Application 71 -HC -63 COr Architects. -al Site Approv�tl• four unit garden apartments, lots 40, 45, 46, 47, T:uct 28880, Volfe Mad. Approve:i by $ Control. Con- ditions. Mr. Howard Burt, 99) Suncl St., San Jose, California, presented the plans to the Council. There will be two elevations. Council mn Finch asked about the H- Control conditions. The City r i explained that there v side of e 0 easement an lot #47, becauaze of the sUlIty Councilman Saich moved that Application 71 H.C: 63 :ba approved as recommended by H- Control with conditions. Seconded by Councilman P12KAL ATM Councilmen: Dempster, Finch, Saich, Jewett AYS: Councilmen: hone ABSENT: Councilmen: Henetti Notion carried 4-0. C. itec� G INC.: mlelBlg 1e0! Architectural & SItee Ap l- Ba Of erlead n/9d of Stevens Creek Blvd., 4t�01 west of Highway 9• Approved by H Control. C-anditions. The City Clerk reported that the applicant asked this be removed from the agenda. It was moved by Councilman Finch and seconded by Councilman Dempster that Application 72 -HC -63 be removed from Agenda. All in favor. D. C(AMTrd AVNINC CO., application 74 KC o3 Ar¢kttectural 4 Site Approval to install abnminun awnings on frrnt of Cali buildings from old post off,.ce to find of buildings. Approved by H Control. Councilman Saich move3 application 74 HC 63 be approved. Seconded by Councilman Finch. AYES: Councilmen: Dempster, Finch, Saich, Jewett MAYS: Councilmen: 2:'�ne ABSETIT: Councilmen: Benetti Motion carried 4 -0 VIII OPDINANCES AND RESOUTIONS FOR ADO["TION A. ORD_THANCE 23�: Rezoning property of Cupertino Town Center from M -1 -H, M -2 -P, R- 1:3 -2, H -3 -H and C -1 -H to £C -H: apnroximetely 100 acres, southeast corner of Highway 9 and Stevens Creek Blvd. Second Reading. ( Application 56-62, 69 -z -62) It was moved by Councilman Pinch, seconded by Councilman Dempster that Ordinance 230 be read by title only. All in favor. Councilman Saich moved that Ordinance 230 be enacted. Seconded by Counellmar. Pinch. AYM- Councilmen: Dempster, cinch, Saich, Jewett NAYS: Councilmen: Hone ABSENT: Councilmen. Benetti Motion carried 4 -0 B. ORDINANCE 231: Bezon_+r,r proyr.rty of telen and George Fiepgras from R -3- H to C -1 -H: gppmx+_nately 1 acre north side of Stevens Creek Blvd— 324' East of Randy lane. Second Reading. (Application 72 -Z -62) It was moved by Councilman Pinch, seconded by Councilman Dempster that Ordinance 231 be read by title only. All in favor. -3- Councilmen Dempster caved that Ordinance 231 be enacted. Seconded by Conncilman Saich. AYES: Councilmen: Deapez;er, Finch, Saich, Jewett NAYS: Councilmen: None ABSENT: COlmcilren: Benetti ' Motion carried 4-0 c. ORDINANCE 232: Ae oning property of Due ! Elliot from R -I:B -2 to R-1. 1$ acres, approximately, d Ponr he Delt Creek, or 3tevens &batting 3eeord Aesdimst. (Appllcat:ion 74-Z -63) It gas l6at Ordinance 232 be read by title Only- Nottiion7mmed]hnanO.Dempater Councilman Dempster moved tbnt ordure^ce 232 be wasted. 30cm d- ad by Ommcilrmn Pinch. AYES: Councilman: Dempster, ?inch, Salch, Jewett NAYS' c0ouncilmen: None ABSENT- Councilmen: Benetti Notion carried 4 -0. D. ORDINANCE 233: Approving the Annexation of Certain Contigu- ous Uninhabited Territory, Designated "San Juan 63-1^ to the City of Cupertino. Second Reading. It was moved by Councilman Saich, seconded by Councilman Dempster that Ordinance 233 be read by title only. All in favor_ Councilman Finch moved that Ordinance 233 be adopted. Seconded by Councilman Dempster. AYES: Councilmen: Dempster, Finch, Saich, Jewett NAYS: Councilmen: Hone ABSENT: Councilmen- Benetti Motion carried 4 -0 E. ORDINANCE 234: Approving the Annexation of Certain Contigu- ous Uninhabited Territcry, Designated "Crump 62 -3" to the City of Cupertino. gecond ReadinL. It was moved by Councilmen Finch, se- nd d by councilman Dempster that Ordinance 234 be read by title only. All in favor. Councilman Saich moved tl-at Ordinance 231 be enacted Seconded by Councilman Dempster. AYES: Councilmen: Dempster, ?inch, Saich, Jewett NAYS: Councilmen: Lone ABSENT: Councilmen- Benetti Motion carried 4 -0. F. ORDINANCE 235: Rezonin�., property of M.G S. Investment Go. (Goodwin Steinberg) from A -2:B -4 to R -24 -H 7 acres approxi- mately, on the east side of Blaney Avenue, 22C' south of a protection of Lucille. First beading. G. Resolution 730: Preclalming October 20 -26, 1963, as United Nations Week in the City of Cupertino. It was moved by Councilman Finch, seconded by Counncilman Dempster that Resolution 730 be adopted. AYES: councilmen: Dempster, Fin,.h, Saich, Jewett NAYS: Councilmen: None ABSENT: Co•.mellmen: Benetti Motion carried 4 -0. -4- B. Nesolution T35: original plan by cities Nho did not get all their ffi water Retch ?tetchy, therefore did not feel they should!ay from tat The new plan provides that cities pumping underground pay 40¢ up to 60si of the 54 tax, depending on the amomt used. 2be pUn'bam been approved by the Pater Cond- ssion, Board of Supervisors, and by Sunnyvale wholeheartedly• Councilman Saich moved that Resolution 735 be enacted. Seconded by Crnuftilamn Dempster. Councilmen: DaDater, Oa nclIP6a: Difib Ocma611�O:: -BSdittti Notion carried 4-0:. ' a J" B>zas A. MMOLUTIONS T32 3 433 Pinch, Saich, Jewett awamp"man Pinch moved thaj Resolution T32 be adopted• Seconded by Councilman Dempster. AIM: Councilmen: Dempster, Finch, Saich, Jewett NAYS: Comcilmen: None ABSENT: Councilmen: Benetti Notion carried 4 -0. Councilman Dempster moved that Resolution 733 be adopted. Seconded by Councilman Pinch. AYES: Councilmen: Dempster, 'inch, Saich, Jewett NAYS. Councilmen: None ABSENT- Councilmen: Benetti Notion carried 4 -0. II FFFORT OF 00rICERS AND CONCIS.SION£RS: A. REPORT OF CITY TRFAS'JMM No further report B. REPORT OF CITY ?MNA:;3R The City 1%xager reported that the Cupertino School District has agreed to abandon the school site o-i the Mariana property if the Planning Commission and the City Council agree not to rezone any troperty in: that area to R -1. Councilman Saich moved that there be no more R -1 zoning on the be authorroperty.drsr up a less byt Councilman tonrey Dempster. AYES Councilmen: Dempster, Finch, Ssich, Jewett NAYS: Councilmen: N-Ine ABSENT: Councilmen: Penetti Notion carried 4 -C. The City Manager contacted the Rousing and Roar °Prance Agency in San Francisco, and found that the City can get money without Interest for Civic Center plan preparation. t25,,,-*0 has been re- quested. councilman Satch felt this Ti3ure to be pretty high for prepare - tlon of plans. Councilman Dempster moved that Resolution 736. Applica %10n for a Federal Government Grant, be adopted. Seconded by Councilman finch. AYES' councilmen: Dempster, Finch, Saich, Jewett Y Councilmen: H bi�; tti Son carried 4 -5- C. RBPORT OF CITY EWA3 lSER 1. RESoumo d NO. '90, adcpted August 20, 1962 (File 96,500) ACT Md MAJOR CITY SIN= pursuant.%deption of the above Resolution, additional eets were `filed with the State DSvlslon of in State trmoittal in February 1963 ayprOved 20 streets of 25 propmaad- LLdts oL ig"i-2 streets mere VAW NOdlfSed by State be east ellvticn. ass e+ a I =a with held, at -t�l. , service to othiet than local abmttimg property. Ssrat06s_9W0YwUle and was applov as a major City Street up= swlingalshment as a State HlghWay by the oklifornis HL~ Commission. lying within homer ccitties, were omitted from the descriiption• D. REPORT OF CITY ATTORI Y The City Attorney has drawn up Resolution 7311 Purchase Agreement fer the 5 acre Civic Center Site, at $18,000 per acre. The agreement provides for opening of escrow. The document has been delivered to the Jensen' owners. A preliminary title report has been received. The owners wish to reserve an easement of northerly 30 within the area of the proposed extension of Rodrigues. Councilman Saich moved that Resolution 731 be adopted. Seconded by Councilman Dempster. AYES- Councilmen- Dempster, ?inch, Saich, Jewett NAYS: Councilmen: None ABSENT: Councilmen: Benetti Notion carried 4 -C. An option for the additional 1.3 acres at $23.634 which abuts the above listed property, has been drawn for one year, expiring April 1, 1964. During the life of the option, the City will pay taus, the pro rate applicable, and the rate of 6% Intereast which would represent holding up developoent of the grope y. Owners have the right to remove the 1963 crop. Councilman Dempster moved that Ordinance 734, the option for 1.3 acres, be adopted. Seconded b: Councilman Saich. AYES: Councilmen: Dempster, ?inch, Salch, Jewett NAYS: Councilmen: None ABSENT- Councilmen: Benetti Moti..n carried 4 -0. Councilman Dempster asked that the option be discussed 5 months from now, also about a month prior to expiration. The City Tanager said the budget would help program action on the option. The City Attorney and City lana3er discussed the freight shed In Monte Vista with San Pranciaco representatives of the Southern paelfic Railroad. They took the position that the shed was in viola- tion of the lease, and would so advise lessee. The City Attorney has received a copy of the notification. The lessee has been informed that he must come in t• the bluil3in3 Department for permits. The C1tY Attorney will await further instructions from the City Manager. II UNFMSHED WSDMSS A. County Water Coodssion E None B. Miscellaneous Re:.;ardin^ the M ehaelson cocr ylnt about auto repairing going on in Idleyild Greens, thn Cit, Manager revorted that a checiziha noted. has been made every ehecka yi eandcor.t~nueends, and no further X= AWOUM8GZ.i it mas moved by CouncUIJ= Finch, se_onded by Councilmen gaich that the meeting be adjourned- AWCUR MM.- 9:40 ATOW: e Lwrence in, city clerk /5/ VPl A AMear I m 4nm Mayor, City of cupertino -7-