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CC 07-15-63;-? iu3sy 90. :AMTOOA -S ALE FM � 252 -4505 CITY OF C U P B R T I N O -, ` MMM 1a.TP FgfUM MEWING OF MT COONCIL - July 15, 1963 Tess: &00 P.M. Flaos- 20= So. Saratoga - Sunnyvale Road I MU00 '1'O THE MO 22 SM& CUL. 0wneumen Present: Denetti, Pinch, Saich, Jewett OsimaiISM Absent: il.. star Staff lheseut: CI�bft"WP4 Cit�ttAi�j, !oFa+s *JIGS 2. JW�V,8. 29W; 1� noted by Cocnailsnn aaleh and seceded by COM0120812 hlhs_adsto be sp0eossd3ahkcaebrlttee. Notion eavol d 4-0. V alit AMD WPM C=Uffeft -7 s A. Os" soue 8. witten 1. letter from Mayor of Copertino, Italy, resarding establishment of sister -city relationship. 2. Branch line Commuters Association of Santa Clara County, re iaaona Branch Lane, asking that it not be abandoned. Thm City Munger reported that a resolution has been forwarded the ICC supporting the County's position that the railroad should be abandon". It was moved by Councilman 111 tti and seconded by Councilman Finch that the communications bo received and filed. All in favor. V Woor OF FLAMM COMMISSION Vice Chairman Fitzgerald reported that the Commission decided that estimated times should be left off the Agenda. All hearings will be set for 8:00. Johnsen, fteell, and Supervatdc were postponed. A variance was granted Douglas Freeborn to allow a rear yard of 1416' REc011 appliestdon 87-2 -63 rezoning from R -1:B -2 to R -2 -R continued. Blaors- Assoaiata sign variance request was continued for 90 days to allow reties of the sign ordinance, also time for Blaney intersection to be ismoved. A. Douglas R. Freeborn: Appl. 32 -V -63 for a Variance to Allow a Rear Yard of 14'6" where Ordinance requires 201; 10416 Cherry Tree Lane. Recommended by Planning Commission Resolution 141. Mr. Freeborn stated that the reason for the variance In that he wants to pat an addition on the building, and it will Coss to within 14' of the rear property line. The addition will be screened in, have sRaMs roof, and there will be 4 x 4's every 41. It will be conmeetes to and an integral part of the house. It is not his inten- tion to *lase it in and sake it a part of the house. Mr. We. Critzer, 10400 Prunetree, and Mr. Blackwell, 10415 premessme bate agrwed to the addition. Councilman Bwwtt• -toted that he in not opposed necessarily to the sessssad in :arch, but would like to see it remain as such, and not bsMe S closed room. Mr. Freeborn stated that the only accP.a-• %;0-14- living rooU, or from outside. It would pDO:viol5 Councilman Saich mrnra9 :flit Application 32 -v -63 for a variance to ailmm a Hear Yard of 14,6" above Ordinance requires 20'; 10416 Cherry trsa Lama b6 -ap% o. as f6commerd0d W'Plannirg Oostdasion Resold' ties 141, with the condition that It remain a porch, and not be made Into a closed room. Seconded by Councilman Finch. ASE: OMM11MM Henettl, Finch, Saich, .Jewett x cOemllsen. Now Oomallaanr Dempster i1 earned r awrsea�at 6;'7: Owe .- i�HbmaH1! a�ayolWe tba&tMe rpm is to Tamain oft Lora �>eRl1 t is aeaa6mttted to us awdary Cosadesion. some of j ppep Les more to be greembeeltttO. s. An�nexaemol Hearing i ee ptr)Resolution 784: Hlfredl 63-8 "W" more no written protests. It was moved by Councilman Saieh and seconded by Councilman Benetti that the public hearing be closed. All in favor. OFMM WKR 245 m[CLUDMIG A f'Oltl'IOM CF tUnIRABIM TSRR11M FROM TM CM MICHATTSD RIFI®I 63-8. Firat reading C. Hearing as per Resolution 786 Vacating Certain Public Vays, Basely 25' along the west side of Highway S, Sunrise to RodrUms, approximately. Sure more no protests from the audience. C mmellean Benetti moved the public hearing be cl ')sed. Seconded by Camreilman Saich. The City Attorney read Resolution 794 Vacating Certain Public Wb", 25' Along west side of Rlg!emy 9. Sunrise to Rodrigues. It was moved by Councilman Benetti., and seconded by Councilmen Bsmetti that Resolution 794 be adopted. AYES: Councilman: Benetti, Pinch, Saich, Jewett WAYS: Councilmen: None ABSENP: Councilman: Dempster Motion carried 4 -0 D. R. Call & Bro.: Application 24 -U -63 for a Use permit =or a Gas Station, northwest corner of Highway 9 and McClellan Road. Denied by Planning Commission Resolution 140. Appeal. Mr. Don Handley, 10941 Columbus Avenue, Agent for the owner, stated that toy teal it is a bona ride development, and it is a part of the entire development. Mr. Hd Leigh, representing Texaco, presented pictures of their stations, statir4c that the station they were proposing would fit in with the surrounding am, ar:: would be contemporary. The station will provide ample parking, driveways, and lighting. The station Is to be the firat step toward a shopping area, and is the most logical step in development, he stated. Additional pump space is proM.led for also, should it be needed. 'mare were no protests from the audience. One neighbor bad protested at the June 27 meeting. This was read from the minutes. Courcllsan Saich saved the hearing be closed. Sa <'T' ^i `5 Oemmeilme'1 Finch. All in favor. -2- It na MOV0 by ® Then Saicb thmst Applica -pion 24 -u-63 for a pea !fast ?or a Gas Station, northwest corner of BigMMay 9 twd �wQ be granted, with the prorlDion that all dedications be sofa to an City, and that the station go to B- Control for their nownsomaL 1210D returned to Council. Seconded by Mayor Jewett fog a[ tsseussion. Qemtsllmon Benetti asked teat commercial would ga an the .ailr'e adde &oobw ultimately. Mr. Bentley :Rated that tWs are erde4.orins tie, leases now for the realoArr of the eanhr- ON !•rttiistsat s meted to beep the Tssn sad Corntry Canter in atria, d a a them stated ff it they will bmdld to arwt ! �oality of commercial ApArrA bl the retie. Heath "kid ;ti` — iEificoa fiFom E3111t1�ii' :Af j; . , ..r, a l be cmdlmod. _ Me .li , >titii/el did S000amnon Is a woe a �ltl�la�ia� "��iN ,;sad the small at tM eoraer m a$� . !a total of tkaeMatmfloaos l Hea= a =tbmt the memos for his qumtlos >� readout staW there more five . 'ma swim std pa pars reported the mason for sottish sea fId not haw dlraatlon 81 Cbmeail m sarvlat atatiaa- Y 1 � d and enial. "I would like to mad Position lear.' a 7s are not opposed to on stations as such. provided there era net a seat of thou in ace specific arms, but mostly the reason for oppemitsen was that the Ceesral Plan had not Dees presented, and we he/h ass trsmid free the consultant as to how any would be good for the, Qty of Cupertinc, " stated Councilman Benetti. He asked if the ecmm atamt has give. any idea on how many stations are needed, and theta taey should be l.xated. Coseclieun Sa:c!: felt it mss in order to issue the Permit, that eteass of eomesrc &- INA are paying the big taz load, and should be able to develop. Comeilmar. 3e.. . felt that allowing a gas station on the corner aonid open tx area for commereirml development. The area has not been dewed sae-- by the consultant and would be going against his fasammmft or. bo Councilman stated that he is well aware of the atnme ma coming 'ran gas stations, and is not opposed to them, but balseves the City should take a lard look at this and any other applieatlon that ccmes in. If it were zoned coovereial, Mat M+uld follow it should a-s: be considered. Mayor Jewett stated that the parcel was zoned commercial s time map. and he feat zoning abould stand. Regarding the rimed for more stations, the Mayor stated that he does not believe that the Plane= or anyone r_ c e Council can determine the saber required. 'I feel that any hkml.-iess that comes into the City. complies with City spodfie+.tions, should be allowed to case in. Going south ca AL&UMV 9, the :ant station an the right in the City is the Standard Statlem. The Mayor felt this is a good location for the station. He added that San Jose _s closing in on us, and Cupertino should get on tan bail and get some commercial before someone else does. Csnedlman Bextti felt that Cupertino should not be told how to some by the acts :f San Jose or any other City, and felt that the mbww Pas gone an record stating that no matter what the Planner camas t+ pith, if Coeneil has zoned, so It should be. If this is the eras, the City wculd be wasting snno -. He felt that tcthe City of semen remit and see and allow the publit to decide by the" Teter Plan where gas stations should be. for Jewett: 'I would go on record stating that I don't ant to sea ahmlmsale reversal on zoning. There are acres after &ores of Led most; zoned. He need the General Pbo for this. I an not against than taster Planner or the work he is doing. To go tack and change Chap in the City, --eybe we will have to, but for the present ties, I see vet about to star to revert bmek.' -3- 9 a �1�L Saiah felt the TLRuer is camorned with the entire CLl —W r abort ens aaiasfr� Mf "mat as tYA planner is 000seresd. s= 1 tMilt keep ms nose dl� 4 4011100 stations. Ae u besl,fa emirs tae Wale City, not jMt this one corner" stated Ommooll- ms 2020k� Councilmen: Satah," Jewett C ullwsns A 4Id., limb kh Councilmen: ! ON 94 S ^. Attomq.w�atO s lidLIRilm until flee where art q. "F sattir,be 466 90004 MWRM Alp Sat Cmdom -CM MlgKtas of JuLT 9) I !� Oath g1 -° ^ljt Jr- MOO t��epep�AaD�ssunittO oOn/t1O0t Y a Arched seta Ti imst Corrner of Ste A NOCIall} mil y 1♦cayaptod ate b- 1. Coalitions. a:ff Report? MSS application me postponed by te2erOanne. lee rapresentativO Ommax pre is present. Uno asked rep it INKS postponed, and lsaan -d that the apiitss0ae bas the right to be beard, and postponesent pas granted *h n he r u♦11S to attend. Z Application 92- HC-632 John V. Rintala, 616 L no Vale Avenue, Fremont, requesting Aiehitectural and Site Control approval to Install a lfrlbdint Materials lard (Retail Sales) and small Lgn/1; 1 lratal. located behind existing Mir wit's Rarket. (M -1 -H) Zone, 21705 Stevens Caesk laud. Approved. Mr_ an<aL told the Conseil theta is a lumber lard sdJacent to an ass. Access is an the rest aids of the street. Rmsimms I31 aAiate trod t1w arm to the rear of the stow. and the existing to %bW staaeia Ill be used as an orris@ otter it is brought up umsu Coq fie. !here :Cll be landscaping and fencing. TM be pewit. Caaerellaan 9enetti sovad that Appliation 92- HC-63. John V. ArebiteetmsI and Site Control ap;aoval to install abaft —W4 a/s Ia1d (lhtaii Sales) and 9=12 Nqult wI Rental, Daft jarava's lartet be approved as sesonseded by H-Control. goosed" ed" 1W Councilmen Such. Ate: Councilmen: Hanetti. Finch, Saich. Jewett =as: bnncilmen: NOW Al : Caineilan: DrmCattr Motion carried 0 -0 vp •• 01111 I 1 a' I /. Ordinance 213: Resoning property of Stephen Oasssra, Jr. from R -3-3 to C -1 -H, } acre, 19930 Stevens Creek Hculavasd. second Reading. s des moved by Councilman Saleb that Ordinance 213 be red by t2230 AWW. Seconded by Councilman Finch. All in favor. - lE As moved by Councilman Balch, and seconded by Councllan Dsrlseei teat Ordinance 243 be aaseted. )tit: Coaecilsen: Bmetti, pinch, Saich, Jewett 00 neilmsn: Hone =;M: Ommelbsen: Dempster jj$Os carried 4-0 -4- ® • II rAMIG BI113 A. R=Wr=M 792 and M ;ftgm@llwsn Finch m. that Deaolution 792 - [ayroll, he adopt- ed.. •sardrd, by Councilman Baiah. ,�:.. Ommeilmsn; am Mtu, Ruch, Balch, Jewett R oaamatlson• :00a =._ Qmseilasm=, Da�sar r � Nam dblastti. t y , rte' . QldnrlLi/ar i in% Waften'carried 4-0 Z �.� Cfliml3 A�1:L9: . da A. Ron" of CM TRUM M '8a Tsasover reported that *IL M4 r�s collected in Jett free tmerne :lass, the City's poatiom 18 i9urc.l6. Rend by Coianailman bonsttl, seconded by Councilman Finch that the presort balance in the 8061near1ra, Chectisg and Inspection Raid (Mask imomas Account) be tranaferred to General Fund. Counallman Balch asked if any of the developers had been to the City on inspection fees, and learoad that they hod not. A123: Councilaan: Dsnsttl. Finch. Baieb, Jewett NAPS: Councilman: None A>lIN126 . Councilman: Dsapster Notion carried 3 -0 D. RIP Mi' OF Cl?r RUN= mt City *AmR er reported that he Ire set with Mr. 411 on the matter of an easement through his psepsaty for atom dralmm. Mr. Can has aefarred the matter to his attorney. The Nsigbberhaa0 Flan shows stows drains through the 431 Dsoptstz, and this is in llme with what Is ¢VpeMd by Mr. Cry for 47wwN /j. Mr. C�np Ire the tentative maps rwm�r, had can start dovwlopoant with psradsales or Cohan, than an arraggsmant =arid have to be wesbsd out for the easement. The dvaln papw world be 30'. 'Drs U&Ighboeload Flan that this appears an 'hat b=ee adopted by Ocu nall. Nhyor Jewett painted out that the road pattern will have to be changed, ad would be different r the Neighborhood Flan. Tba City Msrrgar vdU pn t the plan. to in prepared by the City Brgtoser. to l!. C&21 and report bawl[ to Canned. 2ho City Ranger reported on the matter of the Blaney Avenue In Ivwsa±djn. rt bed been salggssbad that the improvsmaat be borne by the Cl`y. A small section un Hlso W, sham on the first report. cost- In[ $0.50, has been removed, rs3moSM the amount to $3.570. Action . Is regndred from Gamed so the City der can spread the aaseasmsnt. Mayor Jewett asked for the Rtraates that showed this portion as ppa�s�tt of the L.I.D. The City Manager reported that the intersection was �Iltenrasad and the recommendation made that the cost be bore by gas tax wAMW. 7be City Manger presented a list of things that were presented to Cavell. At thr time of the pwblia hearing, he reported, there was no diseassion on this. The plans were approved. Cemmoilman Finch stated he felt the cost should be paid :y the r4ty. so Asgsovemsata are locatrt in the Ci::, r..i all of the r MW flsemrit. 3s felt that two renters rill nom :vve 'c -. the stmt. mad eould not sea why hoer ether two should ;.v far J i Cvmmellmn amwt'.1 felt that the City, should not pay for sose- thft !n ffm of an ladivl&ml's property, tbgt City could dMve no mom bament Boa the intersection than sidewalks. Be obJeeted to the fist -f�mR tar sorb vas done* or in the process of oompletl#m, before KmmryoMixed. The petition si by sverycom in the L.I.D. !1 was � the figure is now to ;'/5,too, including the intersection. fa N ".D, -&A patios, ten ors job Aonw•tor $3,�' less for, and the Counei]as'folt :be C1 &4=2 ot _pq foss mItbomb ;VrbviEdypre7al 06' bllpo to 2mwm I aoll�tsM off! 60�_ i°_tOe mot& to OOeisiSnbasectio0 ) I" !m cam: utmervlal I for the arch that the Cost or Improving the MSMY ■'eed over the L.t:IL flaw. Seconded by AXM commoll"m • Hemem, 9alch, Jewt AMh 009MI266M !lards A EEM CounMlsn: Dempster mom Carried 3-1 Beloeatlon of utilitles an Blgtrmty 9 was discussed, the amount stetted. ;32,079.71 apprise to be correct, and fair in the MIT NUMOWS opdndon. The complete relocation was for 1 455' of 19k Tina. a mailman Bmwtti pointed out that there tats a difference of Maw rmween the figure the City llanesar thought to be fair and the The �laesw me dimeculty� eerstandiag. the billll. oauun Manager I Bemstn wondered why the City should be paying any of the cost, when the State should be paying the costs. The City Hunger will ;re,;sre a report showing the location of the line and all costs. p further report D. Serm OF Tat env RTTGFGW Tie City Attorney reported ra a letter from Meia7 i Sospe oa the oid Alves Line. i<sarmt is contained In Boot 937. Page u1d8.�� City new same the lira. Certain irrigation lines go through be segesaRM. jbclsting ameamat ,nu have to be quit claimed and a arm simmmat granted. It No his sugpmtion that the applicant be asabmeA tami there should be a relocation of Alves. Abandoammt D>n- eemtlfp should be started for the old lice, with the cost to be horns by the developer. Sit City Mattmpr stated that where the pipe* are good, they w111 be-asmsad, adding that be doesn't thIz* the life of the line is very leek. There are foor eomtomors left out of 25. There will be no Mot •!e the City. A. County Water Commisslon ,Done D. City Budget 1963 -4 fiscal year: Penal Approval To be discussed at Ju17 22 Meeting a -Ci 1YS �9llWY ~1�Nt�lti..:: C. Niseel?arsous sgpo t. Of .tom: ltr. m,aof (bi.ere:'s 1Hlion outlad t1a pairt yew a i• lieagn weirs: iae amt At the :fit ad' tOs City, tb_ aMdwr b = : a bmllstln tel2lag newaommr how is gat adjusted m life in X000 q1 Law � 1i dpLatrlbnted. (Yill be Lront#bk up to ante) . About 200 Dhow InquiViea am received each month, ascend 150 people visit No oftloe @M& month, and Soo pieces of aril requesting . 0 nation are r-I»iwd. ' is spars the City Staff a. lot of inquiries and eorrespondena . Have publishs� a Directory of the Chamber, also Newsletter keeplag members and Othras informed. ,here are two part-time employees, would like them to be full - time whin it man be afforded. Gave peblished a ffivehanre On the City- Mr. abustntotal l�Lo=bated� #2 report ez�yanses oOff Income 26 a July 1 bank balance Of $19 -36. ibe Revised Budget was presented. Connellimen saich asked about the $500 general advertleiag figure' Mr. ldllo moWlaisd that 1t 1041 for advertising various events. In Lha past, there has beam no state -ride advertising csmpai8n. 0" there is an industrial area, as proposed In the Danes! Plan, it Ss In an attempt tO att�sct mesa for state and national Couneiican periodicals, feats, can be carried the figure vas low. Councilmen Denetti asked what the Clamber is advertising. Mr. pltsgerald stated that in the past, in sales events, the merchants Pay for their Own ads, but the O*Nber does some advertising to start the sale. Mw Chamber Preslsen', OeoMe Fernandes. also lad son commis. Mw Chamber hopes to star'& WOmeer Days, promote a mister -city relation - ehlp with Cupertino, 2t"T, ani sell Qrpertino, put it on the asp• This IS the fastest growing area I" the United States. The Chamber hopes oft »t �aa JJametata. tAAnn efffffort lamas' been aWeato� ng lo�alr as the Co�ns�l�l�t;�_-_ Maw In an effort to build eoonwrity spirit, the nts C 1a�M� start a piaoeer Day, Vrsenting Cspertino s aa:citing hMany. aeraps there vm�ld be a Tourthl� aes�fietto Day. conclusions is ad�ernt FawmaO0M mod' I how you Cupertino.' psmed budget beamuse we can grow ommailean Plumb mimed that he budget getlbein discussed at the July 22 1Waing. aamonded by �ellson -7. ...: ._.�;.ynyr�n.Y�.,,,..�: •,.tar15`itl `"'S..S4AIfl^� �_�` _...:.�...rmni3iie .:.u::,..St�'...;rs9�..c �.�r ROW OiladInn h)Mttl ashsd what the City is al]omed to contribute !a the ,Ap or yowtld3r, "fie 't'ity Attomiy wi12 died tbf* b", e14 , Up- Lille msatlaaed the Chamberta of the year,- and that tbf VI be as to al a sheet, fdr thiie asount. Sleghisi3 2m Amos V %x: i .5! :&gi RV�t$s' J.itY t 2 t:t 'Q Y K 4b be 71e>7 ffi ;� ntgyrlcr� _ u is _mm�e�oa�1 �of the bomb shelters, the OW DaUdiss �bdbaegd mr. sweri, aim he to ishiss to thaw,„ amp d11 do so when he am find a mover. 'Comdlbann'lmifttt toffee that the owner be swan 3o Aars ror all iiml :br the bomb sbeiters on hllsbray 9. Seconded by CbmMeiixmn� lelob. All 1n favor. Counoilaen Finch moved the keeting the adJourned to July 22, at 8:00 at the City Hall. Seconded by Cotmcllman Henetti. All in favor. MEE RTM AWODMMD: 10:30 areEpr: / City Clark ,C« APYAOVEr : a Veme H Jewett r