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CC 11-12-63• ipan s. Hwy 9, cwertlno, calu ., 95014 252-4505 CITY CUP ERTINO Eno- M 10$ T= RMU AIR ADJOMR MEMM OF THE CITY COUNCIL 1963 =City Hall, 10321'$. MY 9, tkpertim WO P.N. CALL 5t "` ski :�a}e, d3tiah{ JewetN -i s, w Ec+j��OL1t a1pB- :' - ^�3i 'R~,IMWwn.postpooea am r*4008ted. r $►Aden 1 of ord,.mnce No. 2 By E M0. 25bt'•'` "��*'''�- adsTYSSifSrb+B a 0n or the City of Cupertino From An A -2• -4 District to s PC__% District (William Bleary Craft) Second Reading. CoMallsan Saich moved Ordinance No. 256 be read by title only. Counoilman Finch seconded. Councilman Saich moved ordinance No. 256 be enacted. Council- man Finch seconded. AM: Councilmen: Dempster, Pinch, Saich, Jewett NAYS: None ABSENT: Councilman Benetti 4-0 IV ELL VES CONSTRUCTION COMPANY, Appl. 91-Z -63 to rezone 34 acres from A to R -24 -H; bounded on the north by Stevens Creek Blvd., on the east by the lands of De Anza College, on the south by McClellan Rcad and or. the west by Vie Southern Pacific Rail- road. Approved by Planning Commission Resolution. No. 155. (Continued from October T) The City Manager stated he had called Mr. Jess Black, request- ing copies of the road pattern for this area and was told he could cc-* down to the office and see them but could not have copies at this time. When informed that there was a plan to build a roal from McC'elian to Stevens Creek to tie in with Alhambra, Y.r. Black stated he could see no reason why this would interfere with plans for the freeway. Mr. Abrams briefly reviewed the plans of EM VES and stated they con.:urred with the following points set forth by the City: 1) go, right -of -way with a 24, lane on either side or a planting strip 1#21 wide. 2) The planting atria would be narrowed at intersections to provide for dtackii. lanes. 3 Roadway would be ridened at Stevens Creek intersection. # Curbs on both side of 90' road. Sidewalk along the development side of the 90' roadway. Planting strip would be planted by developer. Provisions for irrt;oation of the planting would be set up by the developer. NN. Louis g. Stocklseir, Jr., 22140 Orchard Ct., Cupertino stated be we quite concerned about the traffic which would be dumped directly onto the freeway. Nat only would this developaebt create afore traffic, but the new junior college would generate a lot of traffic on this proposed road. -1- CONBNCUM nw1N Y"Od to hoop hors this traffic could be hsndl- ad witboat this road, to which Mr. stOddMir b" Do tlltSow- be ognl3o -d_ w iul all is a "rave 7eara, the freeway "um toes mapu woule. eatldch 1the� freeway. at 9traffic in that IrJor Jeaett Mt that the JnWMOt1Cn ,c! Stecaha 0 Jilvd and the ya+q p 1 902 road pill yropab 3 tar* to De 8'4041sed- De aafsf no developer wDnld be w UUM to Pu'tryl�e "S" in tea" Sh VUa at qp �attdtt! r�4 1 J:ii`D L:iY t #�° 11 IM airMW loath of Medlellao th�st 9� 40 Sd. O told ..the Yr� erm,ewrrre tee s bat that t� -rlmfusad t 0 elves Bali. Sea C1!� �r proposed that If the developer pare willing to pmaoiaM tie l�md, tie C1ty emu tab steps to force the sale in the beat inter 6 of the City. Tin developer must 1 than rzeebto Ono app call tion for use of�the developer wmininB land in whatever may they see fit. • The City Attorney Ms saw whether this reamed in order. no stated that eminent domain proceedings would be in order - o property nott usaddfor tthiss 9d 0 pdvditrosdwbay would have to go through the regular channels of application, public hearings, etc: Mr. Ned Abrese said the developer concurs. Mayor Jewett asked for comment from the audience- 'there was none. Counellesn !inch moved the Public Hearing be elosRd- Council- man 3alab aeoonded. Councilman 3adch moved that application 91-Z -63 to rezone 34 acres frost A to R-24 -H be approved as recommended by the Plan - clog Co99pMpission, with the following conditions: 1) planting along'the entireldeevelolPeentf from Allheabr�agat Stevens Creek intersection on the north to Dube Road on the south. 2) A Permanent 9o' road to be providing an opening onto McClellan as the project develoPP.. of the City 3) aadjacent proropertylto amble with the extension of the go, road to Bubb Road, the developer to bear all the cost of said extension. 4) cost developer of a1Ar+allastion at Steven& Creaky Blvd i AlMobts. 5) l �sp atsprinkling aysttm in the planting andthe pining. wl acccaplishsd by the developer developer, as well as a 6) All curbs will be put in by sidewalk along this 90' roadway on the adds of the develop- ment. Notion we **coated by Councilman: Mc-b- -2- h — R 0 Alms Comlciumn: Dempster, Hach, 8sieh, 7ewett A8!!a M tamailran Eenettl 4-0 ' 0idieazias No: 258, 'An 0rd1z0nos of US City of Cupertino Agnnaing Section l of ordinance No. 2 by' Reelaaslt-yl -M a Curtain Portion of the City of Cup�satino from an A DidtWfdt td 's'n 2-24 -9 Dlstriot ., inwvm d .bm tIN. Qhty Clark- Mavnr tmmatt ed Unit, tb1s,,,Wm11 JmAW :thm' llrmt ir042u6 Asa tiria rQpiM�. titl a • ij.- this 60e4ft"" or DON OW A. Rla aV, Appl. 95-Z -63 to swsoo�11�33 � �� A-2tb4 • R -2 . on west side of Highrs�y 9 lmille; 8.75 &ores to R-24 -0 and 2.287 acres to W-H. Tenta- ppli 56 application Appeal63. Denied by Planning Commissiau Resolution Architect 0ene Masten presented plans drawn up for the proposes use of the Esceil property. It conlated of Professional in the front and multiple in the rear. He stated they were well within the density proposed in the preliminary master plan. He also the backsof that the There will be pat 4 total of 144 across in the apartment area. Councilman Sa1zh asked the City Engineer whether we have a neighborhood plan for this area. Mr. Lahi stated that nothing in particular was designated for this area at this time. The Chairman if the Plannin;; Commission was asked to give a brief resume of the facts leading up to the denial of this application on the Planning Commission level. Chairman yro- lich stated that the Commission felt the developer was not shooting high enough for this prise area. Heavy traffle could be quickly disseminated on the freeway from hare. meting Clerk was asked to a Planning Commission Ula denying ethiisoappllcation. Mayor Jewett stated this proposal is probably a good one but e it is right in the middle of a prise parcel of land. 0 felt it might be well to have the owners of the Wlghboring pro- perties get together with Mr. Escell to try to work something out. Mr. Prolich than gave a rundown on what had transpired these past Yp t eearrsregarding previous applications for this and neighboring The City Manger felt that if the City Ceunci' could hold up on this application until the nszt regular Council meshing, the staff could contact the proporty owners on the north and south to see if something could be worked out. Mr 'Dick ftchsoo, 1141 Plum Ave., Sunnyvale, rspr'aentiag Mr- Raiph Hodrlgmes, stated his client is definitely wil:.ing to try to came to some agretsent. -3- Mr. NAaten at atG4 they would like a dKlni" s3ifflw at this seating, but if soasthing construe"" own o°." of another delay his client would agree to it. • Counncilman Yineh now to table this application so the staff V" prepanrs a report on it. Councilman Dempster seco:dea. I None Dme�eter,. yinaA, 8a1eTy J+iwtt n F77wttJ 2. 1t� 1e, 1 tat a ud2ton, tW W966 i for nun- JNe, sJ `tg �w.�atwe0 - Capttp�• 14SUGUMM.W� `�-yy=�,.I. y� 23, .Dill 9snewleH � dwhe ply �' a arM y were cam Comoollman Stich anew Application 117 -80-63 be approved, eub- Seot to the copatiolla set forth by mil• Affil Co®ei] men: Dempster, Finch, 381ob, Jewett 0732 None ABSSKf: Councilman ametti 4 -0 ZZ QWUAMU Nil. 257: Raaoninne :.00±:ty of Dpadanioh Building Co. from R -1:H -D to R -1; 8 acres &dJOining the south side of McClellan Road, meat and west of Madrid Road. Second reading. Councilman Dempster moved Ordinance Mo. 257 be read by title only. Councilman Saich seconded the motion. Councilman yina:h novae, Ordinance No. 257 be enacted- council- men Dempster seconded the motion. AYES: Councilmen: Dempster, Pinch, Saich, Jewett RAYS: Now AEMWj Councilman Bmnetti4-o Z Intersections of oisttaa Drive and Merritt Drive, RandymLane and Merritt Drive, and Larry May and Merritt Drive. First Reading. The City Clerk read ordirma ^_e 246. ZI RS1OiATIOM 93. 820: Initlating�a4 �pmAerr� lLMl H). Cor,tinuel0 as Amended by Ordinance No. 00022 i few October 7, 14, and November Councilman Pinch moved this resolution be tabled in hopes that there will be a full ewcall at the next regular City Council meting. Councilman Dempster seconded. AYES: Councilmen: Dempster, Finch, Saich MAYS: Mayor Jewett AgMWt Oouncilmma: Benetti . 3--1 X11 RISOUMOM MD. 806: Giving Notice of the and annexation of Certain MofmLabited TariUOTY, Dsaeri3 +3 Gi Territory g Notice o!dMwi6 plaice CCouncil the Man Will Sa' Protests Thereto' Notice -4- The City Clerk stated the Public Hearing is set for Dec. 16, 1963. Councilmen Dempster moved Resolution 846 be adopted. Cou:uil- smn Saich seconded the motion. AYES: Councilmen: Dempster, Finch, Saich, Jewett MR73: None ABSSNr: Councilmen Beoetti 4-0 III UNPIKESEED A. Chasbrr of Oomm@=C Contract me cltyz 1&iWwjOx&jboted copies of this contract to the Cowell wmbs"O Commilmn Chamber of Commerce contraact. Councilman pinch approve conded. AYES; Councl2mm. Dempster, Finch, Saich, Jewett NAYS: None AMMr: Councilman Benetti 4-0 . -5- B. Miscellaneous . 1) Report of the Cit, Rnglneer a. Resolution 847, Reimbursement of funds to M.G.S. Investment Compa re:, of drain facilities fcr Greenwood Court development. Councilman hunch moved to adzrt Resolution 847. Council- man Dempster seconded. AYES: Councilmen: Dempster, Finch, Said, Jewett NAYS: None ABSMr: Councilmen Benetti - -v b. Resolution No. 839, ?eikq, a Resolution of the City or C.y.ertino Accep: ins Quitclaim Deed and Author- ization, Camino De: H: mes. Cc.:ncilman Dempster moved to adopt Resolution 839 Ccsacilman Fink: seconded. AYE;i: Councilmen.: Dempster, Finch, Saict, Jewett %AYS: None ABSENT: Councilman Benetti -0 c. Resolution 848, A Resolution of the City of Cuper- tino Plans or Creekfor South Side of Stevens Blvd., 350' essttnof Blaney wvenue. Ccuncilmen Dempster moved to Adopt Resolution 848. Councilman Saich seconded. AYES: Councilmen: Dempster, Finch, Saich, Jewett NAYS: NOM ABSENT: Councilman Benetti L-G . -5- d. Resolution 10. 849, A Remolution ^f the City Coun- cil of Cupertino AutlorlkM the Bxecntion Of an Agzvsement by the Mayor and the CitY Clark regardinge stnzet lmpgCvmmants on Cbadvick Car lot. i Retail m&7*d Resolution 849 be maoy'ed Coamsilean Dempster seconded the motion. . AM: Cc Md3MMu Dempster, Finch, Sakti, Jewett M►!Sz lone L Affi : 0010"IMN IMMI Remoutlaal MO. van a lasolution of the City of s tlpilCi�o MseOt%b6 Dsdleaitlm of Meal tmem for AM 1 3 FmiyOSas• COMB1206 lslar —I ON to aCnpt Msolatlan bj0. Commsilman Deep~ saedebed.. AM: Counailman: Dempster, Pinch. Saieh, Jewett WAYS: Dons ABSFmT: Councilman SMOttl f. Fesolution 840, A Resolution of the City Council of the City of Cupertino Approving Plnal YAP of Tract go. ", lbothills, Dnit No. 2, Accepting Certain Drives, Places, Avenues and Roads, Amthor- O $zing tl,e City Engineer and the City Clerk to sIgm the Final Map: and Authoriringsthe Agreement in Connection Therewith. C�u::cilemn Dempster moved to adopt Resolution 84C. ._uncilman Finch seconded. AM: Councilrens Dempster, Pinch, Saich, Jewett NAYS: None AMENT: Councilman Benettl 4-0 Resolution 851, Bfing a Resolution of the City of Cupertino Accepting a Grant of Basement :-uncllmsn Finch mewed to adopt Resolution 851. Councilman Dempster seconded. AYM: Councilmen: Dempster, Pinch, Stich, Jewett wYS: None AMENT: Councilman Benetti 4-0 a. Wolfe Bridge: Pa nt now due - $7322-50. Next a+db final payment will be $3091.30. Previous payment total i20,50D.00• Councilmen Dempster moved, by minute order, to approve ;syment Councilman Finch seconded. AYES: Councilmen: Dempster, Finch, Saich, Jewett WAYS: None ARSHif: Councilman Benetti 4 -o C. City Attorney's Report Reaolution 845, 'A Resolution cf the City Couueil of the City of Cupertino Declaring its Intention to Order vacation of Certain Pnbllc aLvAu ents within the Ci:y." -6- Cpunellman Dempster coved tt, adopt Resolution 845. Council - aan Saich seconded. AYES: councilmen: Dempster, Finch, Saich, Jewett - NAYS: None ABSENT: Cduncilmen Senettl4-0 * ge�plution of the City Coum11 of the City A4eolutton 955, elubion.of Torritor¢ from Certain of Mer ch:i'hrritOr7 His Hsretotore Haan ,jaht (Wunty Light g rt b7 Lt�Z�t'fgA . .Y* � U ddopt moblation 855• Qpytgilrn Com�ellsin YSaQ±t``�• y��ssx 4 • y h Saich.. Jewtt RMa10r: i1W, i-40 o dtnance oo2(u) 'flu prditiai►ca If the City of CWertinc Re- Dewing and s::te AIM Ordinance No. 002(1), Met, Ordinance the Urgency e Office (P -0B) District, and DeoLr- Councilsan Saich moved to emct ordinance 002(u)• Councilman Dempster seconded the motion. • AYES: Councilmen: Dempster, Finch, Saich, Jewett NAyS: None ABSENT: Councilman Benetti4 -o lo:.a 33, 34 and 35 to be reviewed at the next meeting. Ordinance 263, "Parking at City Hall Parking Lot-" First 8esding by City Attorney. The way City reimmbursement. the report on final Highway report should be completed in two weeks. XrV Im BUSINESS A. Mr. Ward Crump, of Camino Del Homes, states cooperate theof the property of Haywood 3 theedeveloper pasturin horses in obligation the he City for Nr. Crump stated he would take care of any costs relative to any proceedings the City wishes to take. emn�the Attorney be City oper reso utotopuurchae the pPperecontracsnd apr • land. Councilman Dempster seconded the motion. Councilman Dempster movedeto,, end the motion intthat thl- City Attorney be E51 v to see if this can be settled without a lawsuit. Council- man Saich seconded the motion. Voting on amendment: AYES: Councilmen: Dempster, Finch, Saich, Jewett NAYS: None ABSE:Pf: Councilman Henetti4 -0 Voting on original motion: AYES: Councilman: Dempster, Pinch, Saich, Jewett NAYS: None ABSENT: counoilmra Benetti4 -o -7- B. Cities Ci y NaMS*rt on stated that the 2lstuIMe of California The City McMger stated he tad checked with Mr. Getter on the statV. of the General plan and was informed the City had raceivO all the study sessions and Public HsarLDP they werr_entitled`to., HDwivsr, it we felt it'was rA0- essary,. *t 0946, !t ptd'go" furtbo '. Co®ollmen ftmh Pftpossd that" llr. =osttso,mgM ted to be at_ fb�t.4dopghplslMtli asst Nond4, llor 18th, at TWO a7 maxwo mmeemm.r +e ""- at of them. to Sin insldpt 3s CM oijlf7d "atmStd to&� ad om heM• 1i6tgt pick frthe". so ths/ ADJO0 Councilman !Snob mowed the meeting be adjourned. ^.ouncilman Dempster ssoamdsd. Meeting adjourned at 1G P.M- APPROVED; AMM: AL UP r . 1 \ 11JlR� vl y e ff�ll a Verne R. Jewett mayor • •