CC 07-01-63• W
10321 SO. 9eatoga -9nes2 vale Aoad 252 -4505
CITY OF C0lEATINO
Cupertim,
M1 :Idl i t MBaDTAR IE -or TRa C1'#1,006A= July 1. 1963
Timer -$Sao l.N.
Plaees AMOitorium, QrpsrttUro tllgh 30001, Ml11er•A"nus, Qtpertine, .
II End t Cdar/iL�edfiiiYiblP' rl�iaa, EalOM,! Jisritt c
lallr Aamsmes ....
SIbf P CS mom"
� ODs1i
III ��M�''arls! !�1losM�q,�iar �.19s�' .•
0 8tieb sienna taaf an mblobes of ttr Jsee 17 Meeting
be wbsdtM3. Esiesdsd tip Cafti Zan- -OMDMeaL . A33: in
A. Owl
li3me
H. Ysitten
1. Utter from San Jose 3tate College Faculty co®ending
Mr. Parham's address.
c. Utter from Cupertino Realty, appealing decialon of the
Planning Cosedssion June 24, denying we permit for sta-
tion, R. Call 3 Eros. Application.
3. legislative Bulletin from Vague of California Cities
4. County Planning Cosa /esion Agenda - Meeting of July 3.
5. County Flood Control Resolution, requesting conservation
of water by industries.
It ram moved by Coumwilaan Saich and seconded by Councilman
Dempster tbat the communications be received and filed.
Chalrum Frolich reported that in considering the Cali applica-
tion !or a use permit for a gas station, the Commission did not feel
that the station had the sane merits as a previous application which
was tunwd dorm by Council, and the Co®isslon denied the permit.
VI PmWC RBARIMDS
A. Armesation Rearing: Cagllasao 63 -7: Ordinance 244
WW City Manager reported that the annW ation was processed
to @I an application by Mr. Oagliasso. Included were other parcels,
one Up. Suzllivar's, and be SAW wants zoning considered. The area was
fomrl to be greennbelted. The City Manager recommended postpxu=u
as he is awaiting word fawn a second Mr. Oagllasso who may have cbsn_ged
his mind.
i' Oamoilsans DeaOrter, limb; 9aiea, Jewett
ommeilaeni Now
: Couneakaen: nRNtt1 � .
Metlon carried 4 -0
a
-l-
w„tll.�. -.�, �_r.,�...::.,•.:, _. .. ,.art a:_s_�... '_;.., _. ....<:.,...,..
B. Van aleck Realty: Appl. 81 -Z -63 to remove Lot 380 Tract 584
from R(NNo to t oan�tP.C.. neither app�� Or
denied.
Nr. Jeha B. onftv6,.1616-Mated Ave., San Jcas, appeared for
the applicant. mr. rvahs:s Lola Council Van vlecW Aeaitl' will occupy
part of the building and hope to bave 1800 aq. ft. to Lass out to
aril -rgWl stages. MWIlot is_125' -z 1158,.
Oomeilsn Pinch aakad about parkimt, and. Imaxomd ' he•rapirt
APR" !ees been et an the dsatli. Ta dwteei
one
/40daaat C- ;4U.CiZ9660�igtr !d!!!!3.4 413 P:0-1' tq�tM
l -fa a petition
tea �'edl }t'yarRgWa. .at-
if
�. SM were m
I1faa' awl" 020"MM.th* a: #ass aiS s's
�p�. 7st C-1 -H is grgoaated. Mr. ashaa
t��oa order eoemereial, more veeki:g can be paoeided
be selected earefUllys and 1 r hoped flat Daednesesstwill
be an asset to the eoamnnity Will in there.
Councilman Dmarster felt v -stt the property should be zoned
peoraeaiemal office, pointing out that 1f it neat coeearcisl, with no
setbacks, it would back up to residential. A C --1 -K property across
Kiradn Lane is in professional offices, and that seems to be the Most
compatible use.for this property.
Crnmcil=an Finch moved the public hearing be closed. Seconded
by Councilman Pe: pater.
AYES: Councilmen: Dempster, Finch, Saich, Jewett
NAYS: Councilmen: None
ABSEM: Councilmen: Benetti
Notion carried 4 -0
Mayor Jewett agreed that the spot is good for professional
office, but could not see spotting small commercial surrounded by
R-3-H.
Councilmz Dempster moved that the application be referred back
to the Planning Commission for reconsideration as professional office
zoning.
The City Attorney pointed out that the motion is in order if the
would not be agreeable.
lee therefore he would have to refuse professional
swing. Com cilmsa Dempster withdrew his motion.
Councilman Dempster moved that Application 81 -Z -63 to rezone
tot 38, Tract 5334 from R -3 -H to C -1 -H; northwest corner of Kirwin lane
arm! Highway 9 be denied. Seconded by Councilman Saich.
AYES: Councilman: Dempster, Finch, Salch, Jewett
NAYS: Councilman: None
ABB=T- Councilmen: Henetti
Nat ;on carried 4-0
YII ARCIQ'18C1@tAL AND sm CONTROL
A. Applicatiga 86- RC -63: Stevens Creek Drags, at Ngyfair
Shoppdog Center, ragwating Architectural and SSte. Control
sp�o�a1 to remove ezisting SLUp and %totall new'si�:
(Single faced), total arse of sign. 168 "sq. ft. Approved
by B Control. Conditions.
Caaireen Stall, from R- Control, clarified the application by
g"tirt that s4M me in three atages, and it wee recons ceded that
Qbmeilson Saich sflvsd that Appllestion S6-HC -63 "tevens Crook
Divas, at MW&lr Shopping Center, rsgoestin6 Architectural and Site
Cmtrs+l mgp m -1 to move existing do aM install a new single -
faced sdps be approved as recommended by F. Control with the following
conditiass -
l. That the sit 41 x 309 mot VMjeot above the parapet 1811
W&Ur then the two signs on the nest two stores to the
ta9l'fJ1.
lose Dslpetas
F2" stetebtlat�bV40not pestiaularly happy with
the _that apeLfilbt.,oiditfoms - Paseed an the appllaats
mesa .
lb fait 6100d 1a+w bee
seen told Caos11 that the applicant favors&
the >ay or sap.
. Ooseri>• n. Vine% Balch, Jewett
Oavwllssa: lane
tP.- Councilmen: nsmetti
ovum earned 4-C
IL Application 98 -8063: latter BUY Saints Chm ch, 5683
a I, - urst, San JOLY, regmestima Architectural and Site Con-
t"2 appenwl fbr construction of a church meetinghouse and
Classrooms, located an the north side of Bollinger Road, blast
of Ireton Place S&L"vislon. Approved by H-Contrv:. Ccedl-
tiom.
ffisnop Anderson, :tee the 6th Yard, Sea Joe?. told the Council
there is an approxira:e membership of 600, or 150 families. Should the
church grow to 800, 1: w-. -I be divided and never get very large. There
are 160 pasting spaces :revided on the 2* acre site.
Co®ellnan Dempster moved that Application 39- HC -63, latter Day
Saints Church, requesting architectural and Site Control approval for
construction of a church. meetinghouse and classrooms be approved as
recommended by H Contro_ with the following conditions:
1. "evlaed parking areas as shover. on Sheet "14A
2. eWritings as shown on Sheet #1A
X* air conditioning units on roof
At least two 15- gallon trees In front
5. A gate on V: a 'enced garbs„ -e and meter areas
Seconded by Caa:cilzmn Saich.
ATM: Councilmen: Dempster, ?inch, Saich, Jewe:c
SA23: Councilmen: Hone
A�RIZW: Councilmen: Benetti
lkptfAm carried 4 -C
C. Application S9-HC-63: 'Tows a Thomas a Thomas, 990 Suncl
Street, Sun Jose, requesting Architectural and Site Control
approval for construction of 4 -Flex, on Lot ;144, Tract 2880.
Approved by H- Control. Conditions.
phi Bound Burt, 2823 ehalibar, Santa Clara, told the Council that
this is Heir ninth four -plea.
Commallsan Minch moved that Application 89-HC -63 Thomas 3 Thomas,
requpRfM Asehdteetural and Site Control approval for construction of
4-Plmo an Let #M. Tract 2880, bo approved as recommended by H Control
with ca=utions:
1- A letter signed with the City 9VM FOUR apprroving use of
crarsment for driveways in bark of lot.
ins liafy 'shake roofs
3w C"-drivemay rumps, if nom, to be removed and replaced with
b Wome n-Gallon tress per loR.
c satiaReta� We City Yager aid the C1ty
Attorney to protect &Jy May ri;!:ts be granted.
Secasdsd t7 Cvw=lrmn smith.
AILS: Cauwd knt Dempster, Filch, Salch, Jewett
NAYS: Co®cileen: Bbw-
�
iP: Qmcilsen: Bometti
notion carried $ -O
D. ApplicatUn 90-RC -da- ma Dbion Church of OapahptlOO, 20900 Stevens dre* MUIMMV& regaestiag Arohiteetmesl and Site
�peaFscl �N- a' eiprtO:AW IM at
s +t r �asrw ot. 1tOa b2aneh on stavo .awa1t
♦1MR tie = r r
Ardeesa n i the >p40 �h OL Cnou'tlnc tAid is u the
be pea�omL, and aBiie of block, to be located at the front
to the ehtd pdtst! /amoral rail• atoll .1hY11 be about lo'
tae the s]daslk, iseaedlad+�a�w In front of patio tall. 90 s1gn
aatlt. to Al in haght mad about 229 king.
Covnailan ?inch asked about atreed dedication and impowsoents.
Oa has been made but the street will be improved at a later
Batt.
O mellan Salch moved that Application oo-HC-63 The MIMI
commob of Cvpartim, regvwstIng Architectural and 314 Omtrol approval
to erect a permanent sign to be located at�ctureb entrance, be approved
as rtacetm►ded :y Control. Seconded by
v rxilmen: lBspster, pinch, :arch, Jewett
nhAlS: :a�:c S ]men: ItOOe
ARMW: ^�-mcilmen: Baoetti
lotion ca-- ell 7 -0
L Arplic:=_or. 91- HC -63: St. Jude the Apostle Church, requesting
Archit..tcusl and Site approval to :�nstauct a Pariah Hall
(Bulld:� 3 shorn on r Vt located at =the Sooulheas� Corner of
Stellia B: McClellan.) Approved :S
Mr. Bill F-^-,YS. Warden of the Church, was i., attendance. The
eemdition as rec-s:ended by the Planning Conal3sion, that the church
pat in whatever =rovesents that Council and the City H'gineer's
Departaaent fee: necessary at tea time, leav::3 remaining improvements
votil such time w-bx^_ they come is again or land ac%vsa the street
the aline Li._' Hoffman e a C
e- PhlPhihllaipn properties. There issnoww lock
s possible buyer ::r their lands, and if access is not settled, the
camels fear they L1. be landlxl+G.
nbyor Jere:: v =Aered if tie problem s1 _ -d go back to the
, lsmis� eomdss_X to get it started at the rght level. Mr. Small
r&92.Ua that the t' -ding is to be constructed :or, and the old house
will continue in x. The plan is to come In 'rom McClellan and
go off stellinb.
Ar. Brooks t_1.'. Council their use the entire e use
of a n p mperty. Mne adjacent property Owners waved be en
flan*, Option to bcy and in case tbs church dtcidad to sell any. The
plot plum use deve_oped to keep buildings away 11^om the line. He
added fiat they ate not attempting to landloek this In any :ay,
KV. L1110 eoaanted that One of the basic reasons for leaving the
use Pallas was that when the church came to Co:meil for a building Permit
of amp type, at tStt time they would Dabs dedication. Property corners
attended two pl.1. 44 9 Commission castings, and conceded to allow the use
psrgat ea-the condition that access be granted.
pe 11001 an ter moved that Application 91 -RC -63 be continued
fbs tag smaka, and that at report Ihs submitted b; the staff. seconded
by CommM naan saleh
now Jewatt aabd her. ltlys if the roadmay had been discussed
witb tie e`oroh, and learned that liras M+�- not been dam
COM11nn FIneh aMod if the church would be willing to dedicate
33%. Nr. Biooks replied tbat the property OWAM -love been Siva an
opportadty to bq7 the Aemd, Be added that he can 9ao gees Of
a two -Seel: delay, that the church is dedicating p y i
$12,000
AUS: Oacoellmmn: DmWater, Finch, Saioh. Jewett
WM: O unclillen: Done
&==: Councilmen: Denettd ; s
Ibtlon carried 4f1.
V= COMMAgM AND l MR ADOPT
•. ordlasnse 243: ftwW4= ft"081" Or 46NO°� BoaLwrd:
f mR- 3��C -1 -8i Sere, 19930 �
Es Rmaoimtion TST: Wary schodale for i9&-W&4 naca1 year.
CKwilan Despite! eeeees that Resolmticm 7W be adopted. SeeemA-
ed by Oeewsilean Saleh.
AlM Canailssns Dempster, Finch. Sajoh, Jewett
NAYS: Couaoilnem: None
&MM.- Cowncilaws: Benetti
Notion carried 4 -0
C. Resolution 790: Giving Notice of the Proposed Anasm ion of
certain uninhabited Territory, Describing Said Territory and
DeaIgnsting It By The Name of "Rifredi 63-9 and Giving
Notice of Time and Place council will Near Protests Therwto.
The hearing will be August 5. 1963• This is one lot or ?tevens
Creek Rd. west or the railroad tract (the hardware store.)
Councilman Dempster moved that Resolution 790 be adopted.
Seconded by Councilman Finch.
AYES: Councilmen: Dempster, Finch, Saieh, Jewett
NAYS: Councilmen: None
ABSENT: Councils►._.: Benetti
Notion carried 4-0
II PAYING BASS
A. MSOLDTIONS 763 and T67
Councilman Salch moved that Resolution 763, payroll, be adopted.
Seconded by Councilman Dempster.
AYES: Councilmen: Dempster, Finch, Saich, Jewett
NAYS: Councilmen: None
ABSENT: Councilmen: Benetti
Notion carried 4 -0
Councilmen Dempster moved that Bill Resolution 767 be adopted.
Seconded by Councilmen Saieh.
AYES: rjuncilren: Denpater, Rlneh, 3a1ch, Jewett
NAYS: Councilmen: None
AOMM: Councilmen: Benettl
Notion carried 4 -0
1 REPORT 0: OFFICERS AND COleQySIONER3
A. REPORT OF CITY TREASURER
None
-5-
U. 19MRT or CITY KuhtW
The City Manager informed Council of 0. Schilla's resignation,
aewmaties authorization to hire a replacement at $530 per month
salary. At a later date another employee will be needed in the City
Clerk's office.
Coumcilman Finch moved that the City ranagar be authorized to
hire a man at $530 s oathU salary to rill tie vasnmy In the Z:gi.neering
Dspartment. Seconds& by OamcilmanjDeopeter.
AM: C000eilmmn: Dempster, Finch, Saieh, Jewett
1A]8: r None
Awl: "'' Benettd
�' bLien aaia'isd
UUW lwirst 1 Hank ban lust bttlit. °.,M 1ftdve a,t_ wi:dows
w !n'th* patki,ng lot_, are re4usstIng that the $13,400 bond
aas�C De waived. BdDtiaot has beset let fb! the impi'ovamsnta.
0=0012san Satai ladt'that It has been the CiWa policy to
frsolre posting of a bond, and that there ahouldn't.be an exception
i&e in this case. It was moved by Councilman Saich that the Valley
First National Munk be regatred to post the construction bond usually
ae q red by the City.
The City Manager reported that there will be a slight deviation
because of the locatiia of the bank. This has been arranged by the
>*Insering Department and the bank's architects. The street will
be dedicated to 1201.
The City Attorney discussed the purpose of the construction
bid, stating that when a `wilding permit is not sought, the purpose
of the bond is not there. Councilman Saich wondered how the street
would be brought up to specifications of the City, if the Bank did not
do a satisfectery fob. The City Attorney replied that this could be
true whether or not there was a bond.
Councilman Sadch withdrew his notion.
Councilman Salch moved that the First Valley National &ink's
bond be waived. :1_conded by Councilman Dempster.
AYES: Councilman:
MAYS: Counci -men:
ABSENT: Councilman:
Notion carried 3 -1
Dempster, Finch, Jet:ett
Saich
Benetti
The City Manager told Council that Mr. Crump's third unit would
require an easement through the Cali property for storm sewers and
sanitary sewers. To date Mr. Cali has not been agreeable to the solu-
tion.
Mr. Cramp stated that the tentative -ap was approved by the
Planting Commission and the City Council, and the final map is now
ready. Originally the drain was laid out going to Stevens Creek,
requiring a 32' cut. Mr, Crump has had an evaluation made of the Cali
property, and results indicate that the drain would in no way
Interfere with developLent. The City Manager has not talked with Mr.
Cali.
The City Attorney c^a-aated that the City has the right of eminent
domain, but there night be problems of severances.
The Sanitary District has not investigated the matter yet, stated
W. Fleming.
Councilman Finch moved that the City Staff meet with Mr. Cali
In an attempt to r33oly* the matter. Seconded by Councilman Sadch.
lootion carried 4 -0.
The City Manager reported that there is an irrigation line on
the south side of Stevens Creek Rd. going westerly from Blaney. A
latter received from Mr. Torres' Attorney stated that Mr. Torres'
tents the lino replaced with a steel line. When l!r. Jones, the con =e
a
tsa ctor was told at thlo, be turned it over to his attorney, who has
stated this is not part of the contract. He raised two points:
1. Specifications do not require replacement of irrigation
lines. (The City Attorney thought this was simply an error)
2. The line is well below the grade and it ss not necessary to
be
put in ael pipe, that heavy duty par ement would put leas
pressure an the old Line than there is now.
2he city
Caielt'DS st1i111' :' x` that hi bs3 *2R34. eatter
batalaan Mr. Tarlee mad the contaator. Should tM woe motor crush
the Line, Mai. Tories maid haw leoourse an'Lust the aontmotor, not
tae City.
Oamoilmn Dseysisr no that the City Mugger be authorized
to notify M. lbrlai ierorWft him that the setter should be worked
out with the eantreeter, that the City is in no way affected. Seconded.
by Oomoilman Finch.
AYES: Cwmailman: Dempateva Finch, Saich, Jewett
RATS: Corm allmen: atone
ABSENT: Omnallmaa: Benetti
motion carried 4-0
The City Manager reported that the next meeting of the League of
California Cities Mating will be July 18 at Plateau 7 in San Jose.
c. REPORT op THE CITY ENOLNEER
The City $meaner presented Resolution 788, Accepting Final
Improvements Meat of Highway 9, between Sunrise L• Scofield.
Oouncilman Dempster moved that Resolution 788 be adopted.
Seconded by Councilman Pinch.
AYES: Councilmen: Dempster, Finch, Saich, Jewett
ATS: Councilmen: None
ABSENT: Councilmen: 9enettl
Notion carried 4 -0
D. REPORT OF CITY ATTOR)MY
The City Attorney presented Resolution 791, Granting Excention to
Building Code of Single Family Residences to Elmer Necesic, 19991 Lamar
Drive, for installation of Yltchen and toilet facilities in an addition.
It was moved by Councilman Dempster that Resolution 791 be
adopted. Seconded by Councilman Saich.
AYES: Councilmen: Dempster, Finch, Saich, Jewett
RAYS: Councilmen: None
ABSENT. Counailmen: Benettr
Motion carried 4 -0
A. County !later Commission - None
B. City Budget 1963-4 fiscal year
Postponed to July 8 council Neetina
C. Miscellaneous
Councilman 21nah asked about the selection of the Architect
for the Civic Center.
Councilman F4noh moved that selection or nn rrchitect be post-
poned to the July 8 Meeting, second by councilman Dempster. All
In flavor.
'T'
W
A. YJaeellsnsova.
The matter of acquisition of a park site by the City was brought
up.
.Mtti g it ttiiae a�iloowwo. Sesoonaed by (bunicilm n sai� su the July
X= AWOUROM
�bmoilmaa w hat tlft rusting be adlonrnsd to
Vie; 810o Y.N. at 7li1 . ' 3sooided by ibutoilmn Web. Al's in
Nesting adloui+ led 'ffis3o - . _ .
/S/ Verne H. Jewett, M=your
ATEM:
Inurence K. MUM, Clty Cleric