CC 06-03-63103M 50. Saratoga - Sunnyvale Road. 252 -4505
C :TT OF CV PERTIHO
Cupertino, 7alifornia
. 0zSlI M FOR THE REGUTAR MEETING Op THE CITY COuNcrt, June 11, 1963
P2&eje: 8:00 .M. DurerClao School District, 10300 vista Drive
! BAt= To '1'Z DRAG
3! ROLL CALL: 019r, Present: Dotter, Benett1, 9910h,
Oounsi2swen Abeintt Pinch ty Attorney.
Staff *Voo it:.: Gnus t
Asst � inspector,
Chief VAIdtag
city cla t..
Mr. atxl Mrs. Manuel Merchant delivered a sash, from the Mayor
of Copertino, Laces, Italy, to Mayor Jewett, also the irishes of the
City to be afriliated with tlrpertino in a' sister -city relationship.
Preliminary action has been taken to set up the affiliation.
III MIIRR'SS OP THE FREPIOM DYING - May 20, 1963
It was moved by Councilman Saich and seconded by Councilman
Dempster that the Minutes for May 20 be approved as submitted. All
in favor.
IV ORAL AND WRITTEN COMMUNICATIONS
1. Letter from Donald Excell requesting waiver of the 30 -day
waiting period for issuance of building permits.
Mr. Exeell's representative said 'chat the request was so that
they could tape advantage of the weather and proceed with construction.
The City Attorney reported that the 30 -day period is for the
purpose of allowing any opposition to circulate petitio.'s, and that
the City does not have the pow -r to waive the period.
It was moved by Councilman Saich and seconded by Councilman
Benetti that the building permit should go through the regular
channels. All in favor.
2. Letter from Edward Cali regarding his application f11ed two
year 2ago, that requesting feet be wapplication be reactivated
to It was moved by Councilman Dempster that the $100 application
fee be waived, and that the applicant be notified that a new applica-
tion is required. Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Dempster, Saich, Jewett
NAYS: Councilman: None
ABSENT: Councilmen: Pinch
Notion carried 4 -0.
3. Letter from Cook t Wilson, Tract #2769, Unit #2 of LaCresta.
A year extension rwquested for improvements.
It was moved by Councilman Saich and seconded by Councilman
Dempster that the one -year extension be granted on Tre ,.t #2769. All
in favor.
4. latter from Chamber of Commerce, forwarding the letter
from Capartino. The Chrmber has writtta the V.S. Affiliation
Agsney requesting information. The Cr -nsil will be kept
informed.
5. Letter from cltg of Sants Clan relating to annexation and
The City feels that: the'abard of Super -
vi inta� dQa proper aaranstica.
Councilman Renetti suggested the item be tabled until the next
meting, adding that it would probetly be discussed at the Interclty
Rseting.
6. County Stevens Creek Geometric Design
7. Senate Hill -949, from League of California Cities
Oouneiluan Benettr moved that the communications be received
and lied. 346o'wdea dy Councilman Saioh. All in favor.
♦ BMW OF TO BIARNIHO COMMISSION: (Ses F .Commiselon
"as or my -g7a 1963)
*Ad1Wan y2ftmlireported the following:
r'.: 1: AM ApplloaLloa;to !*sons 22 &ergs from R -1:B -2
:d
W oontlaned.
2. Van'V29ft RlAlty Appllostlon to rezone Lot 38, from R-3-H
t to C -1- $ e oontirsed.
me
3. Mw Oassais Applloation to renons.the IA sorerlot from
R -3"R to C-1 -8 at 19930 Stevens Creek Blvd. was reocsesnded
for approval
4. Camino D82 9omes, application for a variance to sideyard
setbaoks was approved.
VI PUBLIC HEARINGS:
A. RESOLUTION 749: Hearing to Vacate Auburn Lane and part of
Mann Drive, Tract 1960. (See VIII -E)
There have been no protests.
Councilman Saich moved the hearing be closed. Seconded by
Councilman Dempster. All n favor.
It was moved by Councilman Dempster that Resolution 778,
Vacating Auburn lane and part of Mann Drive, Tract 1960. be adopted.
Seconded b7 Councilman Saich.
AYES: Councilmen: Ben('-ti, Dempster, Saich, Jewett
HAYS: Councilmen: None
ABSENT: Councilmen: Finch
Motion carried 4 -0.
VII AFCHITECVRAL AND SITE CONTROL (See Minutes of Yay 28, 1963)
A. ESTORIL DEVELOPMENT CORP., Rm. 405, 444 Calif. St., San
Francisco, Calif. Apol. 85- He -63. Seeking approval to
construct duplex units on lots 1, 4, 5, x 6, Tract 3fO55,
Deep C11ffe Estates. Approved by H Control. Conditions.
Mr. Charles Volk from Latorll, told the Council that the pro-
posed buildings are a departure from the existing buildings, that
they.are conventional in the interior, contemporary on the outside.
Councilman Bery:tti asked about the advantage of using plastic -
covered plywood garage doors, as specified by H. Control. The Chief
Building Inspector pointed out that there would be less maintenance,
that it does not orack,.and that mint would stay on better.
Councilman Dempster moved thet Application 85- HC -63, be approv ^d
a3 recommended by B Contro' with.the following cocditicns:
1. Zoo 15-gallon trees be planted on each lot.
2. Tbe'plembev next to the sidewalk be made into slightly
m1a bitplaater of the same brick as used aleemdsere on the
front of the building.
3. Y- ge¢oeai ¢]ptis- covered plywood be used to* Barsge doors,
rum M1iLm217 or horizental17, depending on buildiLt
4. No mesonite shoring On the front of building.
5. When reWering shows stone, two of the lots to have brick,
on the saiae lots, horizontal V- groove to allowed above
gam" doors in place of batten and shingles.
Seconded by Councilmen Benetti.
AYES: ',ouncdlmen: Benetti, Dempster, Saich, Jewett
RRYS: counoilmeo: Bone
ABSENT: Oamellaen: Finoh
lotion carried 4 -0
Am MBWbftft FOR ADOPTION
A. 6m = =fra"m ti he ftsgginCppeedUmlts sRbmdld (S -C -B -)
Councilmen Benetti moved that the item be deferred until next
meeting since there is not a fall Council pretest- Seconded by
Councilman Dempster. All in favor.
B. ORDINANCE 242: Rezoning property of Excell & Son (Appl.
at Voss' lots 12129, Tract;3142.. acres Drive
It was moved by Councilman Benettl and seconded by Councilman
Dempster that Ordinance 242 be read by title only. All in Avor.
Councilmen Benetti moved that Ordinance 242 be enacted. Seconded
by Councilman Saich.
AYES: Councilmen: Benetti, Deep; ter, Saieh, Jewett
NAYS: Councilmen: None
ABSENT: Councilmen: Pinch
Motion carrie. +. 4 -0
C. RESOLUTION 773: Opposing enactment of Senate 3111 749
It was moved by Councilman Senettl that Resolution 773 be
adopted. Seconded by Councilmen Dempster.
AYES: Councilmen: Benetti, Dempster, Saich, Jewett
NAYS: Councilmen- None
ABSENT: Councilmen: Finch
Motion carried 4 -0
D. RESou nION 774: Requesting Division of Highways to prepare
an amendment to that certain freeway agreement dated
Sept. 12, 1961 relating to State Highway Route 114 at or
near its intersection with Stevens Creek Bivd. in the City
of Cupertino and deliver same to City Council for execution.
Councilman Benetti asked if the City would be charged the $75
amendment fee. The City Attorney said that there is an agreement
dram charging the fee to Stoneson. It is not yet signed.
Councilman Dempster moved that Resolution 774 be adoc':.,d sub-
ject to receipt of the signed agreement from Stoneson: Seconded by
Councilman Saich..
AYLS: Counc ' nc"n: Bench:,, i:.r.t..ter, Sale:',
NAYS: CQanvilwen: Hone
ABSENT: Councilmen: Pinch
Motion carried 4 -0
E. REsumifA( 778: Ordering vacation of a portion of that
city street known as "Mann AKA Nadeau Drive" and all of
that city street known as "Auburn Lent" being riltuate in
Corte Madera glSbIagde Tract Yo. 1960, Unit No. 2.
(liras wan hmAW uops VI.A on the APr4s)
a FAYM MW
A. MML=IM 776 ana M
It Was sen`t1 by C UMIlman Dempster that Resolution. 776 be adopt -
em_ Seconded %y Councilman 3a1ch.
AYES: Councilman: Denetti, Dempster, Saich, Jewett
MYS: Councilmen: Nome
AHMR- OMM012mw: Pinch
lotion carried 4 -0
It was moved by Oomo1jS= Dempster and seconded by Councilman
smseb that Resolution 77?'R* 04090d. 3•cc0ded W'0408440W
!>>nn Oo�oilamws_ =iimt , Dsmpater, M*br.Jewett
sstlS: prmollowas MMM
ABSMT: Councilmen: Pinch
Notion carried 4 -0
Councilmen Dempster naked about no the
the report will City's
smmusae policy. The City Neasg
at bmdget time.
Z REPORT C? OFFICERS AND 0MOUSSIONERS
A. RE?r -Pr OF CITY TRFJLMM
No f, they report
E. REPCF: OF CITY MANAGER
The City Nana3er presented the Water Department Budget. It
was moved by C. .cilran Dempster and seconded by Councilman Benetti
that the cons :ieration of the budget be postponed to next meeting.
All in favor.
The City Msnaoer requested authority to transfer a can from the
Public Works Department to the Engineering Department.
It was ncve_ by Councilman B:nett: and seconded by Councilman
Dapater that t!* transfer be authorized.
AYES: Councilmen: Benetti, Dempster, Saich, Jewett
MAYS: : ouncilmen: None
ABSENT: :cuncilm,en: ='inch
Notion ca—ied. 4 -0
The City Manager reported that Mr. Rodrigues is going to put
in the improvements from Sunrise to connect to the Safeway improve-
ments. The property has been dedicated. Permission is requested
f12oa Council t- ask the property owner to contact Mr. Rodrigues
balding work
The the same on
south sideyIsnnot medical
necessary
-capletion of t!* project.
It was moved by Councilman Dempster that the 25' is not necessary
to completion of street 1.p _ ements, and that it be dedicated back
to the owner. Seconded by councilman Saich. All in favor.
The Intem ty Council Meeting is Thu sdac night.
Friday ncecn, there will be a report on vie Feather River Project
at Ion's village.
The City Manager reported that Assembly Bill 344, Oss Tax
Namssaw has been approved by the Assembly.
C. REPOiR OF THB CI'T'Y MMIMR
1. man OF I!1! '
%a a"etiA „� :nq emutraeted 0 CONMUetion
111th the } 1"Mmets have Dsee1 saeDsatmd b11
. @� :' -!fin' .__ �:
this ornCe. ""* imnrovemrnta were either found t., be
satisfactory or the taceasary eorrec!iong have beerl
satisfactorily mode.
It was moved by Councilman Saich that the city Engineer be
eoo0orized to in_'Srr the developers and tl:elr bonding companies that
tie improvement Donis may now be retired:
a. Treet Ya. 1603, MWnWRIDOD (File Cup. 60 -14) North of
Bollinger load betwom y 9 and Blaney Avenue.
b, STumm OIL STATE #20 (Pile 59-19) Southwest corner of
gigbmq 9 and Steve6s Creek Boulevard.
e. S On 9ft= (Pile 61 -3) Northeast corner of
steveem crook_ nod Portal Avenue-
Tact 1e. 180Bi. 2W fe (Pile Cup. 60-13) Bast of
gyel coed � Croak Boulevard and McClellan
Road.
�eA "1y Oameilan Esaetkb
ggnatti, Dempster, Saich, Jewett
•one
rnch
ASS: Councilmen:
NUS: Councilman:
Assm: Councilmen:
notion carried 4 -0
2. TRACE 3307, PARAD736 1BST Pile 1 028)
wee , ghway 9 son weatacres ct and between McClellan
Road a--4 Rodrigues Avenue.
Harry how, previous owner of this property has filed road-
way deLcatl%:n for the frontage of the property he retained.
Subdiriier is iaproving the frontage.
councils. = enetti moved that Resolution No. T75 accepting
dledieation fro: Erry Chow be adopted. Seconded by Councilman
Dempster.
AYES: ,cuncilmen: Benetti, Dempster, Saich, Jewett
NAYS: _cuncilmen: bone
ABSENT: _.uncilmen: Finch
Motion ca- --ed 4 -0.
D. REPO?' _2 THE CITY
The matter f the 101 Rodrigues abandonment will be presented
to Council later. The preliminary report has been ordered.
The City titorreyreported on the ordinances that might possibly
cover the groce.-y vending machine proposed by the Supermatic Organiza-
t1on. The quest :cn arose whether the vending machine is a building
or a truck. The jrdinances defines as a structure one that is in the
safe location f --.x hours. If not stationary for four hours, then it
1s a moving truck: The City Attorney concluded that if the mobile
mast stands alone, it would be a structure and would be subject to
requirements as determined by the Building Inspector. The question
of parking arose_ .1 grocery store would require parking, b the
CSty has no precedent to follow.
The City it:orney believed that the County health Officer would
cewck the msctl -,e's contents, sad that the City would have the problem
of cleanliness, 'xi any conditions the City wished to im,os_.
Mr. Robes L. FW.zzetti, Aetorney fix Jose, PZ!'vd .1'"t what
steps were necessary to see his miuest to completion. :.^ Rns told
teat application v!st be made to the County Health Department for a
permit. Then a building pendt would be requested,'and if he received
a building permit, the application would be subject to Architectural
Coatrol.
II SI PINISHID BUSINESS:
A. county 'later Comdselon
on Benattl s�c�d that a decision of the United States
favored t�e�at Arizona and Nevada over California
in- Wt dt y of thheetSt&te, Cslifolt lColorado faces ecoma/a hardahiP. He
34 a& �+C adopted feels rtgat that the taxpayer vote yes on the
ei0ed ttrt he fe_ls it ney lmpo
1 11 «llct.
B. Miscellaneous
None
!� ,_ l0eli Huaz�ss
1. Miscellaneous
ilean Behotti up us letter of pawn pales, stating
D sbOaad be elimdaated.an aa7j' il)j hfares.
lYt eels that the . rdald bs a Great step toward city
all the lines'
agosu eation.
landscaping and tree PUSAng &1006 fraews" tb~ tblt City,
espeelally those abutting residences was also suggested by Co�mcilman
Dsoetti.
Mayor Jewett reported that both of these item have been under -
taken by the Chamber of C4=wrce. He added that one developer has
so that backyards would not using standards in front of homes
It was moved by Councilman Benetti that City getntherunder-
Instructed to take the necessary preliminary under way. Seconded by Councilman
ground utility and planting Programs
peMeter. All in favor.
The has a develotpmenntt with he° streamlinedhdistributionnsyys already
stem .
Mr. Cnvmp, told the Council that the matter is urgent, as they
have to have the map prepared in a week or 10 days. Before the map
can be recorded, the engineering plans must be drawn, and plans for
the whereithehigh voltage woould run, and Mr. CfrumpVtold him Jewett asked
a
be si�x eight ft. above
cross arm. e
subdivision added that type of
Mr. Crump asked if the improvements for Haywood #2 could be
approved. Residents would like to close their FHA loans and cannot
do so until the improvements have been accepted. The streets were
ready for paving last Christmas, but were Just paved Friday, because
of soft spots. There are two areas, one at the far end of Haywood
Terrace next to #3 and one adjacent to Lindy L&ne where there are two
soft spots, still unpaved. The City Manager reported that the City
has a bond vovering improvements.
It was moved by Councilman Benetti that improvements on Tract
32243 be accepted subject to the recommendati�ins of the City Attorney,
and that the applicant subait a letter to the Engineering Department,
outlining improvements. Seconded by Councilman Dempster.
AYES: Councilmen: Benetti, Dempster, Saich, Jewett
NAYS: Councilmen: None
ABSENT: Councilmen: Finch
Motion carried 4 -0
Mayor Jewett reported that he has had several reports of
wndow
vandalism. Tw stores have been entered. and a plate that h- would
m" sbot five times with a BB gun."
investigate.
Me
Councilman Benetti moved that the meeting be adjourned to
Upoday Junet10Bat adjourned 6:30 . . at City 11&11. Seconded by Councilman
APPA6i8D:
Y t