CC 05-07-6310321 SO. SARATOGA-SUNNYVAIE ROAD 252 -4505
C I T Y O F C U P E R T I N O
California
M : w .atmty
-ANNM FOR THE REGULAR MEETING OF THE CITY COUNCIL - May T, 1963
Time: 8:00 P.M.
PJaee: Board Room, Cupertino School District, 10300 Vista Drive
K I BALM TO THE iUO
II ROLL CALL: Counellmen Present: Benetti, Saich, Finch
Councilman Absent: Dempster, Jewett
Staff Present: Cityy it Ai4pr, City Attorney,
Office Bhgineer, City Clerk
+. III Nimu 4 OF TRB PRBVIOOS. MB*firM - April 15.-18, 1963
It was moved by Councilman Benetti and seconded by Councilman
Saich that discussion of the minutes be postponed until Council had
a full complement. Motion carried unanimously.
IV ORAL AND WRITTEN COMMUNICATIONS
A. Oral
None
B. Written
1. Protest to House Moving Permit. (from 1072 Washington
to lot on east sid.e o- Blaney Avenue. 16 signatures.
It was moved by Councilman Saich and seconded by Councilman
Benetti that the item be referred to Architectural Control, to come
before Council at the next meeting. Motion carried 3 -0.
V REPORT OF THE PIANNINC COMMISSION: (See Planning Commission
Minutes of April 22, 1963)
Commissioner Pitzgerald, rel)ortin6 in Chairman Prolich's absence,
reported that the Commission had tacen the following action:
1. _xpressed the opinion to the County that a request for
greenbelting an acre on Rae lane would be a misuse.
2. On property the west side of Fooi: hill Drive on roopy,
presently R -1 and B -2, C -2 and R -12, heavy density multiple
was requested. The Cou,mty was advised that the density is
higher than desired, but the Commission has no objections
If the County exercises control over it, pointing out that
this is the western entrance to the City. It was also
requested that the City be advised of development in the
area.
3. Request for Sign Variance - E1 Dorado. The sign -1as 3atis-
factor , but granting a variance would be setting a
precedent and bring in many more requests.
4, Tentative Nap, Mason R -1, 46 lots, Approved.
The City Manager commented that zoning requests will be subject
to review by the City because they will be served by City Water De-
partment. Zoning must be compatible both with the Planning Commission
and City Council.
A. Mason Enterprises, Inc.: Application 24 -TM -63 for approval
of tentative map; 46 lots, 11-1, adjoining west side of
Monte Vista School, north side of Voss Avenue. Recommended
by Planning Commission.
The City Clerk trported receipt of a letter requesting
the item be removed from the agenda and continued to
next meeting.
It Me moves by Councilman Saich and seconded by Councilman
Benetti t1w_t Application 24 -TM -53 be continued to n"t
meeting. 1Iotion mrrled 3 -0.
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YZ. PUBLTC HEARINGS:
A. Alpha Land Cowpamy: 1pplications 128-V-62 and 21 -TM -62 for
a Variance to Ordinance 22U to allow side yards of 20' where
Ordinance required 341; and approval of 3 lot tentative
map; Rodrigues Av6nue & Terry way. Denied by Planning
Commission Resolution 136. Appeal continued.
The City Manager submitted his report, as previously requested.
r Mr. Philip Ingber, representing Alpha Land Co., was in atten-
dance.
Councilmen Saich.aikW 'it the City would be involved in a
law wit should the appeal DIR denied, also if the C1t7 had a case.
The City Attorney referred to court case in which the decision
mss set forth that the matter of a variance is within the discretion
of the City Council. If the Council denied. without any substance to
,_pack up a denial, only.thea iould a court overrule.
No written protests have been filed.
Mr. Ingber reviewed what had previously been presented, both
In Planning Ccsussion Meetings and at last meeting of Gluncil,
stating that the property is not up for sale, and has never been
offered for sale. Alpha Land is requesting the variance ir. order
to subdivide, to establish a legal boundary and meet the State Ia
requirements for subdivision. Mr. L fiber stated that there was a
lot of confusion and misunderstanding on the matter, and that the
ordinance itself was very confusinS.
The City attorney told Mr. Ingber that he did not have the power
to rule the build nL legal or illegal, that the variance request was
the issue.
Council=an Benetti expressed his feeling that subdivision in this
case is out of the question. Allowing the variance is Coing against
the ordinance. The intent of a variance is to grant a minor change
to the ordinance, but the 30 or 40; setback variance requested is
not minor.
Mr. Trigber stated that an ordina,.,ce where there are precentages
of frontages involved is not a good ordinance. He added that his
company is left in a poor position, that the City is gust as involved
in the matter. He added that they are not attempting to put anything
over on the City.
Councilman Benetti replied that he hadn't said this, that what
impressed him is that subdivision is requested. Mr. Ingber said
the inference had been made by the Planning Commission.
It was coved by Councilman Benetti and seconded by Councilman
Saich that the public hearing be closed. All in favor.
It was moved by Councilman Benetti and seconded by Councilman
Saich that Applicauions 28 -V -62 and 21 -4M -62 for a Variance to
Ordinance 220 be denied.
AYES: Councilmen: Benetti, Saich, Finch
NAYS: Councilme-n: None
ABSENT: Councilmen: Dempster, Jewett
Motion carried 3 -0.
B. Excell & Son: Application 77 -Z -63 to rezone 5.08 acres
from R -1 to R -2 -H; Lockwood Drive at the intersection of
Voss Avenue, lots 12 -29, Tract 3142. hecommended by
Planning Commission Resolution 133.
Mr. Genc- Heston, representinyl Mr. Excell who was in the audience,
told the Council that his only argument is the actual duplexes that
have been built, end presented pictures.
There war- no protests filed. No comments from the audience.
It was moved by Councilman Saich and seconded by Councilman
Henetti that the wblic hearing bo closed. Motion carried 3 -0.
It was moved by Councilmn Suich and seconded by Councilman
Heaetti that Application 77 -Z -63 to rezone 5.G8 acres from R -1 to
R-2 -9- Lockwood Drive at the intersection of Voss Avenue, lots
12 -29, Tract 3142 be approved as recommended by Planning Commission
Desolation 133, and that the City Attorney be authorized to draw up
an oadina:ee.
AM: Cotmcilm:
Seenetti, Balch, Finch
jal - Couneilmen:
Mope
ASNW: Councilmen:
Dempster, Jewett
■otion carried 3 -0
-
YII ARCHITECTURAL AND SITE
u0'itfWL: (See Minutes of April 23 and
March 26)
A. Application 75 -HC -63 - MGS Investment Company - Goodwin B.
Steinber;, 321 Second Street, We Altos, California, re-
questing site approval to construct four -plex units in a
community development on North Blaney Avenue near Wellle
Avenue. approved by H Control. Conditions.
Mr. Steinberg told Council there has been a change in the site
plan, changing from block -type parking to parking inserts and bring -
Ina parkan2, areas closer to residences.
There were no comments from the audience.
It was moved by Councilman Saich and seconded by Councilman
Benetti that Application 75 -HC -63 be approved as recommended by
H- Control, with conditions.
AYES: Councilmen: Benetti, Saich, ?inch
NAYS: Councilmen: None
AE31_NTf: Councilmen: Dempster, Jewett
Motion carr:.ed 3 -0.
Application 78 -HC -63 - .lame Allred, 1+13 Kingman Ave.,
San Jose, California, r ^-nesting Bite approval t.i con-
struct a trirloz unit on Lot 17, Tract 2427 Ia Creata
Subdivision. Approved by H Control. Conditions.
The applicant was not in attendance. Drawings showed the
building has mediui shake roof, and is a three bedroom unit with
three -car garage. .
It was moved by Councilman Benetti and seconded by Councilman
Saich that Application 78- HC -63, be approved as recommended by H
Control.
AYES: Concilmen: Benetti, Saich, Finch
MAYS: Councilmen: None
ABSENT: Councilmen Dempster, Jewett
Motion carried 3 -0.
Application 79 -HC -63 - Charles & KiLldred Gagliasso.
Stocklmeir d: Stocklmeir, and Lconard and Jamst McCi.rthy,
20231 Merrick Drive, Saratoga, California, seekird Site
approval to construct an office building and mc•tor tuneup
building on lot, sou::h side of SCevcns Creek Road at the
east si::e of Southern Pacific Railroad tracks. Approved
by H Control. Conditions.
Mr. Louie Stocklmeir, San Fiancieco, was in attendance, and
told the Council that the .ntmnce to tie tune -up shop would be
e,o fife rear of the building with the entrance on tte east side of
Use banding.
Ooumcilman Benetti asked about the tree requirement, stating
be •e In favor of them although tary were not rsquiaad in front
of pmfbasional buildings.
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It was moved ty CoL.Icilean Benetti, and se.anded 'uy Councilmen 3aie! that Apriication 79-30 -63 be approved as recocm;3ad by
■ control with conditions, and that a sufficient number of five -
O&Unn trees, to be designated b± the City Manager, be planted.
AIM: Councilmen: Bea ti, Saich, ?inch
=2s: ,CO-umcilmer.: Mme
ABSENT: Councilmen: Dempster, Jewett
notion carried 3 -0
D. Stevens creek Shopping Center, Inc.: Application TOX-8C -63
for Architectural and Sate approval: Bank of Verica Auild-
ing- north side of Stevens Creek Boulevard; 4M# wwt of
gighmay 9. Approved by H Control. Conditions.
Councilman Saich withdrew fYoa the discussion.
Mr. Edmond rackson, 1477 Dwlingsme Avenue, Burlingame. Calif.,
in attendance for the applicant.
Conditions are as follow:
1. Stone veneer to be Palos Verdes and Santa Maria Stone.
2. Planters provided as shown on drawings with exception that
open planting area shown on sidewvlks will have to he off
sidewalk easement.
3. Dedic_ti,ns and improvements be made to Stevens Creek Road.
4. That the Driveway ?gasps be 50' wide :nstead of 32' subject
to arrc:al of the City Engineer.
Buil!i be constructed as per drawin, -s submitted.
It was m:vr' by Councilmn Zenetti and seconded by Vice -Mayor
Pine'_ that Ar ::__cion 72 -EC -53 '_r Architecc•.ra'_ and Site approval
be a�-rtvved as vccrmended by E Control with conditions
AYES:
-:_.cilmen:
Bene'_t:, Finch
MAYS:
-. .cilmen:
:;one
ABSENl':
.`.cilmen:
Dempster, Jewett
ABSTAIN:
.:_.cilmen:
Salt..
Notion 2 -0
Council i:Ich returned t-� the table
vr_-z ORDTNASZ13 AND RESOLD IONS FOR ADOP,ICN
A. Ordanan :: 236: Orderin. atop Signs to be Placed at the
Intersection of Vista Jr1ve k Forest Ave, and Randy TAne
re F:.rrs: :ve. Second Yi�- ading.
It was occe_ Sy Councilmen Benetti and seconded by Councilman
Safer that Oia;.-zn.ce 236 be read by title only. All in favor.
It was mc:e'- by Councilman S_ich and seconded by Councilman
Scored that Crt: ..nee 235 be enacted.
AYES: Co,_.ncilmen: Benetti, Saich, cinch
MAYS: Grw:cllmen, None
ABSENT: Cs_zcilmen: Derpster, Jewett
Motion car -:--d 3 -0
ii. Ordrna-_ce 2373: Regula.i.-nz Private Patel. Second reading.
Yt was moved by Councllzan Saich and az?conded by Councilman
Smetti that Ordinance 238 be read by title only. All In favor.
It was moved by Councilmar. Benetti and seconded by Councilman
Alsiest that Ordinance 238 be enacted.
AMRS: Councilman: Bemettl, Saich, Finch
MASS: Caacillmeen: Nam s
on carried n: MXa�cr.stes_ Jewett
,st_" ,
. ...._ _ YlitWdfri►gY.
C. ordinance 239e. Apprffing the Annexatic.1 of Certain Con-
tiguous uninhabited Territory, Designated "Pfleger 63 -3" to
the City of Cupertino. Second reading.
It was moved by Councilmn Saich and seconded by Councilmar.
Benettl that Ordinance 239 be read by title only. All in favor.
It was moved by Councilman Benetti and seconded by Councilman
Saich that ordinance 239 be enacted.
ASS: Councilmen: Benetti, Saich, Finch
WTS: Councilman: gone
ARIM: Councilman- DemVdter, Jewett
lotion carried 3-0.
D. Ordinance 240: Rezon1na Property of Stoneson Development
Corp. from R- 1 -A :B-2 R -1:B -2 and R -1 to PC -H• 69 acres
adjoining north aidideof Stevens Creek Boulevard, bounded
on west by future Stevine Creek Freeway. First reading.
E. Ordinance 241: Rezonu* Property of Camino Del Homes from
A to R -1; 23 acres northwest of Terrace Drive. First
reading. (Annexation Complete)
P. Resolution 749: Intention to Order Vacation of Certain
Public Streets in Tract 1960, Unit #2, Corte Madera High-
lands; Designating Time and Place for Hearing.
It was moved by Councilman Benetti and seconded by Councilman
Sarcb that Resolution 749 be adopted.
AYES: Coxicilmen: Benetti, Saich, Finch
BAYS: Cc,. oilmen: None
ABSENT: Ce•,_icilmen: Dempster, Finch
Notion carriei 3 -0.
IX. PAYING BILLS
A. Resolut_cr.s 752 and 753
It was moved by Councilman Selch and seconded by Councilman
Find that Resolu:_r 752 be adopted.
AYES: Cc._.crlmen: Benetti, Saich, Finch
SAYS: Cc;:r._ilmen: Non?
ABSENT: C.. ^::.-.oilmen: Dempster, Jewett
Notion carrie.: 3 -0
It was moved .y Councilman Saich and seconded by Councilman
Finch that Resolution 753 be adopted.
AYES: Co•=_cilmen: Benettl, Saich, Finch
NAYS: Councilmen: None
ABSENT Councilmen: Dempster Jewett
Notion carried 3 -0.
X REPORT OF OF_ CFM AND
A. Report of City Treasurer
Mo further m -pert.
B. Report of City Manager
The City ManaCer recommended that Council turn over to the
City Attorney the collection of engineering fees owed by Mobil 011.
The other two developers have already paii. Requests for payment
have been ignored.
It was moved by Councilman Benetti and seconded by Cnmeilmsn
Spica ttst collection of the Mobil 011 fee be turned over to the
City Attorney. All in favor..
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A booster pump is needed at the Mann Station. 110ney iS in tM
aequlaition and construction rand. Western Pump is recomr ended.
Councilman Finch asked if this should be put out to bid, and
the City Attorney stated that he felt it proper to continue with
Western since other pumps are Western Pump.
It was moved by Councilman Benetti and seconded by Councilman
Saich that the expenditure for a booster pump at Mann Station be
authorized and that the City Engineer be authorized to act in
accordance with the recommendations of the City Manager.
AYES: Councilmen: Benetti, Saich, Finch
WAYS: Councilman: None
ABMW: Councilmen: Demps ter, Jewett
Motion carried 3-0
U» requcats on Wolfe Road will be put in, but not until they
are warranted. Six lanes will go in at a later date. If necessary,
the signals will be installed within five years. If they do not
go in before the five -year period is up, the City will share t" cost.
It was moved by Councilman Saich and seconded bye Councilman
Benettl that a letter from the Division of Highways,
30, 1963, from R. A. Hayler, be filed. All in favor.
There will he a L ague of California Cities Meeting in San
Mateo, Thursday May 16.
C. REPORT OF CITY EN(:INEUR
1. TRA/T N0 3142 FOOTHILLS (Pile U U'131
voosa venue, wes o o Tull Blva.
Improvements have been completed in accordance with the
approved plans.
It was moved by Councilman Saich and seconded b_, Councilman
Benetti that the improvements within Tract No. 3142 be accepted as
recommended by the City Engineer. All in favor.
2.� Nay atLPHAea"NenNY (File 51,00))
Improvements have been completed in accordance with the
approved plans.
It was moved by Councilman Saich and seconded by Councilman
Benetti that the improvements on Terry Way at Rodrigues Avenue
be accepted as recommended by the City Engineer. All in favor.
3. POST OFFICE (File 51,000)
$evens nee u evara cetween Highway 9 and Stelling
Road.
Improvements have been completed in accordance with the
approved plans.
It was moved by Councilman 'j_netti and seconded by Councilman -
Scich that the im,)rovem--nts be accented as recommended b- rite City
Engineer. All in favor.
4. TRACT NO. DTgP CLIFFE ESTATES (File 51,006)
a-othill Julev -.n at lac- `lellan Load.
Improvements have been installed in accordance with the
approved plans. One Stem on punch list remains to be
corrected. We have written assurance of the developer
that this will be taken care of the week of May 12, 1963.
It was moved by Councilman 3erettl and seconded by Councilman
Saich that improvements on TrLN. 3055, DCliffsiEstates
the be approved as recommended by y Engineer.
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5. TRACT NO. 126 M103 M VIEW SOOT$ Pile -1 00
a ,oi�er y venue a Fri flue.
Developer tins "filed with the City a "$nitelaim Deed and
Authorization for underground water rights.
It was moved by Councilmen Benetti and seconded by Councilman
Satoh that Resolution No. 752 accepting "Qultelala Deed and Authorize -
tion" for underground water rights, Tract No. 3128, Blossom View
South, be adopted as recommended by the City Engineer.
ElE51: 00�11�:. 1llnetti, Stich, lined
lm: Councilman ttbne
ABSM: Counallames Dempster, Jewett
Notion carried 9-0.'
6. TmcT.Ro. SNOT, 1 &MY, NEST (File 51,028)
fiam ferry mWW'1%4tacres Tract and between McClellan
Road and RodrICame Avenue.
All plans and wags bare been submitted to and approved by
this office. In-addition, the developer :as filed and de-
posited the following:
a. Executed Iapowevent Agreement (Approved by R -solu-
tion No.725 and fully executed March 11, 1963)•
b, necessary labor and heterial and Faithful P�rforaance
Bonds in the amount a: $138,200.00 each.
c. Checking and Inspection Fees in the amount of $4,450.00.
d. Indirect City vspenses in the amount of =698.00.
e. Nap filing fee in the amount of $284.00.
f. Off -tract Stoat Drainage Pie in the amount of =13,580.98•
g. Pee for hydrant installation and 5 year rental in the
amount of i535.�0.
h. Nap filing report.
i. Preliminary title report.
J. Verification that all taxes and assessments hav: been
paid.
k. Letters from appropriate utility companies that
easements are sufficient.
1. All Bonds, Agreements, etc, as required by Cupertino
Sanitary District.
Improvements shown on the plans include the following
a. Street paving.
b. Curb, gutter and siCewalk.
c. Street lighting.
d. Street monuments.
e. Storm drainage facilities.
f. Sanitary sewer facilities.
g. Appurtenances thereto.
It was moved by Councilman Salch and seconded by Councilman
Benetti that Resolution 755 approving Final Nap, etc. Tract No.
3407, Paradise hest, be adopted as recommended by the City En,;Ineer.
AYES: Councilmen: lk n.tti, Salch, Finch
PAYS: Councilmen: Moore
AffiHR'f: Councilmen: Dampater, Jewett
Notion carried 3 -0
It was moved by Councilman Stich and seconded by Councilman
Bmatti that the City Engineer be authorized to notify the developer
and their bonding company that the previous bond my be retired.
Nwticn carried 3 -0.
D. RGPORf 0.' CITY ATPOIOWY
The City Attorney read ;L-solution 754 changing the name of
Haggarty lane to Appletree Drive, at request o: the title
company.
It was moved by Cowmilala Dwastti and seconded by Councilman
Balch that Resolution r'% he 409904.
AM: G=Clleen: Benetti, Saich, Pinch
MAYS: Councilmen: None
ABSENT: Councilmen: Dempster, Jewett
Notion carried 3-0
'!ba City Atrorney delivered the documents pertaining; to the
yowe6ASe of the Civic Centor Site at a total expenditure of 490,.000
to abi city clerk. .
It was moved by' Com ei2mdn Faich and seconded by Camellban
NNremttl that the documents be received and tiled. Notion darried
3-0.
a =PWSB6D BUSINESS
A. County Water Oossdseion
Hone.
B. Miscellaneous
The City Clerk proclamation naming namin May 12 request e May 13 Realtors Week.
a
It was moved by Councilman Saich and seconded by Councilman
Pinch that May 12 - May 18 be named Realtors Week.
AYES: Councilmen: Salch, :inch
WAYS: Councilmen: Benetti
ABSENT: Councilmen: Dempster, Jewett
Motion Carried 2 -1
3= ADJOUTMNT
Meeting Adjourned 9 :3C
Paul Pinch_
Mice -Rnyor
ATIM:
,
e X. %irtin, City Clerk