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CC 12-02-63W W 10321 30. Huy 9, Copertiao► Calif.► 95014 252 -4505 r C I T ! O F C D P S H T I N O MR TR6 RBCUU y&MM:OF THE CITY COUNCIL -- 12/2/63 lfAC22 Board.Bpsl, cvPertlao $abool District ;.1Q300:ibb °DP,liasr�CYAd�I��Ip � 3AL0lE Tif m4IA1# c , RoI% S! , 9 i} 1i 11 ;:'i 1S: matt ! :1 � �, r :� . .CouoctlawtaDNgt� � . _q�:,,.; a {Olt; Manager, City At$or , -bity Staff presis:ts iC�t�i Clerk, City Engif:esr; adding -Inspector, Recreation Director III IIDATS9 op THE PRSVICC3.MSBTINOS - 11/18 and 11/26, 1963 Correction -- November 26 - Vg 4, para. 2. 'Published" should be chanEed to "public . Councilman Benetti moved the minutes of November 18th be received and filed a:d minutes of November 26th be re- ceived as corrected and filed. Councilman Finch seconded. Notion carried, 4 -0 IV ORAL AND WRITTEN C@DONICATIOIS: OR4L: Dorothy Webb, Attorney, presented a petition, signed by property owners on Vicksburg Drive, protesting the con- struction of Tract 2880, Lots 16, 17, and 18 and for Lots 33, 34, and 35• She lnforead the Council that the City Manager had 5one along v.1th her to see first -hand what the situation was. Mrs. Webb would like the Council to have the Planning Commission review the rezoning of Lots 16, 17, and 18, and protests the sun decks on Lots 33, 34, and 35 because they would create an invasion of property for the protesting property owners. Councilma:: Pinch moved the City Council take this situa- tion under consideration and requested a report from the City staff before a decision is made. Councilman Benetti seconded the motion. AYES: Councilmen Benetti, Finch, Saich, Jewett NAYS: None ABSENT: Councilman Dvmpater Notion carried, 4 -0 WRITTM: 1. Dura style Homo Rearing will be held on the PvSming Commission level. 2. December 5th Inter --City Meeting at gal's In Alviso reminder. -1- T 3 r s ROM OF TIM PLpNUS COMMISSION: pluming Commiasion Chairman Frolich's report was two - pronged: 1. In hl4 -conversation with the Assistant City gngiuser, Chairman lsolioh was informed there mast be two Public Bearings at the p2=ning Commission level and one at the city Cowu 44i42-on the -deneral PIM.+ Brollob r000erad . 001" mll'swri»g on-tg ,00 't7an am Da. the planning Coris/loa 3f linfaW:- City C Ac the to the at��farom ¢o of the tide & Id coW .Into the 1sto it woq1A b* Mfool asico : Sham asst ,]jeltiw,attted Mora Plan in the iatilnu of and we it prior Councilmah'Bihetti moved to authorise the City Manager to Instruct the Consultant to have the General Plan in the City Clerk's office by Thursday, December 5th. The Planning Commission Hearings on the General Plan are to be set up for December 16th and 23rd. Motion seconded by Councilman Pinch. AYBS: Councilmen: Benetti, Finch, Jewett RAYS: Councilmen Balch ABBOT: Councilman Dempster. notion carried, 3 -1 2. The second item on the Chairmen's report concerned Item VI g on this evening'e agenda - the parking ordinance. He wanted to alter Section 1:1 d. to :ead: "unless existing back fence or live planting which is acceptable to the Planning Commlselon, H- Control and the City Council, or unless other treatment has been predetermined in other zoning Conditions." Under Section 3.3, the Planning Commission felt it was im- portant to increase this ratio because the H- Control has run into trouble ulth the ratio 1:1 }. Under Section 4.6, the Chairman questioned the wording. He felt it should read "gross floor area" in the Ordinance, the same as in Resolution 174. Mayor Jewett thanked Chairman Prolich for his report. A. Hillside Street Grade Policy. Recommended by Planning Commission Resolution 175. The City Engineer read his report of September 16th de- lineating the criteria for the proposed Hillside Street Grade Policy. The purpose of this chart is to guide developers and to save time for the city engineers in determining the number of units and the maximum grade al- lowed on hlilsides. It will help to limit the amount of traffic using a road. The main reason for t. is chart and policy, though, is to deal fairly with everybody on an equal basis. Councilman Balch moved the Hillside Street Grade Policy be made Resolution No. 869. Councilman Benetti seconded. -2- • V AYBS1 Councilmen Benetti, Pinch, Seich, Jewett NAYS: Nome AffiffiTT: Councilman Dempster Notion passed, 4-0 Councilman Saich wanted it clarified that this refers only _ to city - controlled streets, not privately owned streets. B. HogdsMah Bnilding Co.: AW. i for s+sntative Map appro*sl; 32 lotai NNaea*lu N lit . Approved by PLming amdsmion 461Pj63. The city mossor had,* corleaude to, t¢i� fie3Nteolve map --- thin area ow be served by the aipeitino MYtee Dept. Comeilm Balch so Mee the tentative ift be. approved, sub - Ject to VA ikpWUM Water COmlaelgll: ps,ljl +4d the Planning -i: ftadaid conditions so OOndOt and the MUM of Lwo septic tank* on,the property. The motion was maaomded by 000 ncilrn Nllnah. AnS: Councilman Benetti, Pinch, Saich, Jewett NA73: lions ABSENT: Councilman Dempster Motion carried, 4-0 V1 PUBLIC HEARINGS A. Hearing of Appeals with respect to Stevens Creek No. 1 LID Assessment, together with Diagram and Engineers Certificate. Resolution 655.8. The City Clerk stated no protests had been received by his office. Mayor Jewett asked if there were any comments from the audience. There were none. The City Engineer presented two exhibits of the subject area and stated the total cost of the project was $74,676.57, which was $3,400 below the estimate. He stated there had been much public pressure to get this project finished at Blaney and Stevens Creek Blvd. The City Attorney stated the contractor, not the City, was liable for the satisfactory completion of this project. Councilman Benetti moved to close the Public Hearing. Seconded by Councilmen Saich. Councilman Benetti moved to adopt Resolution 655.8• Councilman Finch seconded the motion. AYES: Councilmen Benetti, Finch, Saich, Jewett MAYS: None ABSWf: Councilman Dempster Notion carried, 4 -0 B. Annexation Bearing "Regnart 63 -12 iiithdrawal "(Continued) Ordinance No. 265. The City Clerk stated there was a letter of protest one file, signed by Mr. & Mrs. Y. G. Gibson. Councilman Benetti moved to delay this Bearing until December 16th. Councilman Finch seconded. -3- • AYS: Councilmen Ssnetti, Pinch, Beach, Jewett NAYS: None ASSN: CouncilMn Dempster Motion carried, 4-0 C: Anmeatiwe Betrinsa Cosooilmen Balch - this Buries be delay" total Llaeasber 7­77 , .e, sauna seeoeass. AaSs pmOgllrp' $tY Bleebp saiebs as a'! NAZSs _Hoes . AB)tis ova= *tam Berried, 4-0 8m Bdild 'ft. . 964.63 to Ted sp0aozimately acre fibs �. —tto C-l-1 Bomttatast� oea ' of ffiEpomm g and Bond. Use Parldt elan Bought for as stationn (".�-63) wed by PUMIM Commission resolution 165. Appeal. COVt1V ed. Mr. 0. P. Lane stated be has been trying felt tbewer to get a company to use tide property telephone cogMV bad finally made this possible for him by making a portion of their property on McClellan available to him mo be could qualify for the minimum frontage required by service stations. He prepared a brief and presented it to the Council- 3 a ... . Bea wakes 63-14' Ordinance Bo. 266) Councilman Henetti moved that copies of this brief (except for the photos) be made for each Councilmen for study before the next Council meeting. Councilmen Salch seconded. AYES.: Councilmen Benetti, Finch, Salch, Jewett RAYS: None ABS&T: Councilmen Dempster Motion carried, 4 -0 The City Manger was instructed to see that each Cou:cilmen receive a copy of this brief as soon as Possible. H. Ordinance No. 002(q), an ordinance of the City of Cupertino Amending Ordinance No. 002 as amended by Establishing requirements for off - Street Parking Within the City, recommesxled with changes by Planning Com- cission Resolution No. 174. Councilman Benettl moved to postpone a decision on Ordinance No. 002(q) to V ve the Council time to study this ordinance. Councilmen Pinch seconded. AYES: Councilmen renetti, Pinch, Saich, Jewett NAYS: None ABSMr: Councilmen Dempster Motion carried, 4--0 P. nAssurance cres f�PA to R -1, adlo�iniM the north rezone de of 15.2 McClellan Road on the east bank of Stevens Creek. Tentative Map -- 52 lots (Appl. 28 -aft -63) recommended by Planning Com+la* ion resolution No. 170. -4- a. Attorney B. 14 IeCroix, representing the land CWWra, asked if the Council had any Questi0as. He also sub - witted a•tallbMIve map- Councilman 8mieh wanted to know if the Cites he had bad checked this 1009- The City �_nsas 40104 had owe some regard to UM sn03ve of the rood and m tbs trees aloes McClellan. . 'lbe main.DaMl Lion sseaed, F7/ a fast that the1e _ " au 60' aecii V0I Id* 1W this maw abich is 4FW at YR OCAMA that this fY tm,: rw which tii- � " :�aidsratiom for a 91Ccnmoilis apltestide he referred back to to recheck the torographr, access scads, Its�� was to report be of 00 aezt Ooaocil 000bM. . seconded b: Cbsstdilsem Benetti. Mr. Sstin Bahl, 30111 Mae Lute, Cuperklno, in the audience, wanted to state that this arm is already a traffic bussed and Questioned the advisability of adding another 56 hoses here without improving McClellan. Mr. IaCr ix wessted to know if the fact that this Property Is earmarked for a park site had any influence on the Council's approval of the tentative map. AY8.4: Councilmen Banetti, Pinch, Saich, Jewett SAYS: None IBSENT: Councilman Dempster Motion carried, 4 -0 G. !formn J. Hathenaon: Appl. 98 -Z-63 to rezone 45 acres :.-cc A -I:B -2 to PC -H, adjoining the south side of the suture Junipero Serra Freeway, TOO' west of the went end of Gardens Drive, on the ease aide of a projection of Mary Avenue. Recommended by Planning Commission esclution No. 171. - enderings were presented by architect ad Myers. He stated that the applicant, in asking for PC -H zoning, Is willing to extend Mary Avenue - -- either 90' or 60' - -- along his property. Le stated this was the same Pre- sentation made to the Planning Commission, which they approved. Councilmen Finch wanted to know what the City Manger was able to find out about the State's feelings as the an overpass at Mary Avenue. The City Manager stated :as discussed this with Mr. Black and as it now stands, tae overpass at IWy Avenue has been dropped by the State. However, remligoment of Mary Avenue neat' the new high school is being considered and Rapt. Stevens feels Mary Avenue is aaeessar� because of the number of pupils from the CUertino area who are atttming Homestead High School. There will be s.— additional report on December 16th, af- ter the City Nanogw! 00 City Engineer have a meeting with the Fremont School Superintendent. � Frr . y L,. A IMP Councilman Dempster arrived at 10:10 P.M. The City.- Attos� Council felt the Co owght to know right at the kiet -Gtf what portion of this Lad will be Industrial. commercial, etc. Councilman Haab stated this is Good land Mee, ba► was cmcerned abom Ktls tauftio situation sod Mould llhs this appllastlm trllad until the caw Miu'am City r kas! 1f11so with the aahoo2 dfsteiats mad ap- MISS Onai �' "tlta State, �'� OeliaM• be U11121M is lwe at b At this gwh .10 am 10n WeNt- limg wl •QOM sop yawn am ad it i• that Sea+aalD 203b the hq to the comeilma� that RANUV 1s wed4 approve a iasolutiam MWy A� >rG a< the Y� ow money ae !la city t mom opinion. � � _ the l Mst AvumusM b tlYSks. Councilman Flaeet sevsd to table this no, iea tlon until the tart' chooll districts �ScoMad�OsmallmeBanetet _ AYES: Couneilmen 3WWtt1, Dempster, Hach, Jewett WAYS: Councl2msmBa1ch Notion carried, 4-1 H. Hearing on Resolution to vacate Water Line Basements, Tract 3442, Oakdell Ranch (Resolution 556, Ordering Vacation) Resolution 856 was submitted by the City Attorney as a Public Hearing. Councilman Saich moved Resolution 856 be adopted. Councilman Finch seconded. AYES: Councilmen Benetti, Finch, Saich, Jewett WAYS: None ABsWr: Councilman Dempster Notion carried, 4-0 ARCHITSCTURAL AND SM CONTROL: (Minutes of 11/26/63) A. Application 120 -M-63: Shell 011 Company, nil Rollins Rd., Millbrae, requesting Architectural and Site control approval, construction of Service Station at southeast corner of Bubb and McClellan Roads. Approved by R- Control. Conditions. Wr, Morris Smith submitted renderings of the proposed service station. Councilmsnuich roved Application 120.M -63 be approved, subject to the conditions of the plains as submitted and the addition of a planter on the west side of the building. Seoomded by Councilman Dempster. -6- AYASs Councilman Bsuetti, Duster, Flneh, Balch, sewett RATS: None Notion carried, 5-0 E, Application 121- RC-63s Warner Wilson, Saville WOOdruft, MUM, voodemff, 10237 Creston Drive, tifl6r ch - Coatrol. ii. .. Yibt •sis Vea'r1OOa and boa as0 bp`tsbaildio`BS ate reedy yb m m l lanf/lnah all to r - %va Application 121 -W-63, with the fblloein6 oond1t21 1. Me entMaos drlvmwy t^ N increased to 35' 2. Plmnterm as sbbown on the drawings. 3. SOW, shell will be completed on the outside at the time the bank is built and painted plywood will go across the front or that portion or the building b. No air conditioners or the like to be visible on the roofs of the buildings. Seconded by Councilmen Dempster. AYASs Councilmen Banatti, Dempster, Pinch, Sail.,, NAYS: None Jewett Vill ORDINANCES AND Motion carried, 5-0 POR ADOPTION OFMINANCE Blvd "lto the Amending Mayor Streets Contained Therein. Second Reading. Councilman Saich moved Ordinance 210(x) be read by title only. Seconded by Councilmen Benetti. The City Clerk complied. Councilmen Salch moved Ordinance No. 210(a) be enacted. Councilman Dempster seconded. AYES: Councilmen Benetti, Duster, Pinch, Saich, NAYS: None Jewett Motion carried, 5-0 a. RESOLUTION 852: APPROVED PRWAY AGREOMT (Stevens Crook !seaway Revision) The City Attorney stated In had reviewed this agreement, upon the rrawat of the City Council. The City Ha agar stated he had contacted Mr. Baylor, who said there will not be an amsadment to the Was - sent, whatever. Councilman Balch moved Resolution 852 be adopted. Coun*120w Dinh maoonded. . T- „r.,...._--- ._ --"-T .. _._,_..._ T .._._.,�.......•....- ^- .- ^-.�._ .� ...�, - .,,,+fie ATW: CoUnal2men: Ben/ttl, Deep~, !inch; Ssich, Jewett Nays: None lotion carried, 5-0 PATM arm 1 I •t!r saved � D4 idopted. b i"i #tyga .`a sty „• y;.q .7 #1 ”} _�IId111. avem ,... `•5 !t':F 'L R. y ,2_ b �ia0aa0ed, AUSt � ho Deoetti, DseOefsayr`MaON ORIJON Notion carried, 5.0 A. RhhpoR'1' or CIr! 'IRHASmm - Noce B. REMW or TRx CITY UNAM It was reported tbat $20,000 bee been accumulated in gas tax monies. The City Manager recommended this be used to rides the Babb Road bridge. Be pointed out that time is of the essence in this case since the City Engineer must submit preliminary reports to the State In December as to bow these monies are to be spent. ?be Engineering Department must sake a survey as to approxl- sate cost of the project. In the event, after the City has received the money and they decide not to use it for this project, it can be kept by the City for use in some other worthy project; however, the preliminary reports most be submitted in December or the money cannot be gamed over to the City. Other projects suggested: 1. Stacking lanes for Stevens Creek Blvd. & Hey 9 22. Wolfe Road 4, E Stalling Aoad 5. Mary Avenue approaches Hollinger Road undeveloped area 7. Foothill Blvd tie -in with expressway Councilman Dempster moved the City Manager asks a re- port as to the cost of the Bubb Road bridge and of the possible contribution of other - agencies before the Council votes on it. The City Manager requested authorisation to props” the Information and the cost of the bridge in order to get this mosey tied up - -- then: be.would contact other jurlsdletloaa and the Council could vote for or against the project. Courioilian Dempster amended his motion to the effect that the City Manager and City Engineer complete their prelimipary r9port in order to "ewe these monies and .waist tMy soataet other agencies am'to.their contribu- tion, but me action should be fakss.as,to'spending of this meow Worm 11 votes on St. rr: counclion ftleb Nea ded the e UM- AUS: Coumd3d e► Anstti, Dempster, pl!dlf�,. Jossim Owt loos :04 NORW . z 'lyation caiasaA; .� . 4 i.� ' w . c i- UI �e it �� *X'. .. .. a.i I A =Oi lkoetfiiis Pinch, Swett AWRY= 9Lich VATS: loom Motion carried, 4-6 2. Another item In the City &:gineer's report OF Orned 250' of storm dralas along the freeway at Slangy. The cost would run ;y00D to $4500 for the required 36 Pipeline. The City WA=g r pointed out that this is a flood area and rnoseanded the Council vote for installing this yipe. Councilman pinch movrl the City gr:gineer be instructed to get the cost of this project by the neat msetiag. This motion was withdraro. Chavvteecthe City take care ooffhahaving the 25009 of W store drtlm inatallad along the fregnsy at Blaney- AYES: Councilmen Senetti, Dempster, Finch, Saich, Jewett IAYS: lions Motion carried, 5-0 D. REPORT OF Tm CIW AIM= In district icthas agreed to giveOtheF the school City an item City AttCMWVsarsted a minutia order autborising the City Cleric to ameate the agt�smsnt hetm 0 Cupertino Onion School Dlstalot, City of Cupsrtine and Cupertino. Sanitary Dietwiet ve2ative to the :ISgbt to install sanlf tart' sager lines tV Was Sanitary Ddstriet and storm daln- age lines by tin CLt7. So moved by CMMO M- VSVW&tal._ A04?PUW- C— gWw`1IPM .ftXgb- AYES: Coatrallmammiosetti, Dempster, Flncbs Stub, Swett HAYS: Conoel3oom:R ms >atlen Curled 5-0 -9- / I 1 '��rn :/x:11 �'•: •� ♦t :4wt1 �.♦ A. ado the Paaiie �� he stated flow thaw Years in the AllalSO SaoppaleH CaOtK me epsmed mad almeei alt At .wM .rug �. It has 1p -so as& that tba: is91e *UoMts4 167i saw 11ido- OWW:1PT 'pA 14t- Y 1yf��the po]icy of "a. 3 L:he�? ' iin: .too new >. Ames M 1sI170 M NIfIM�'�"M,000 thda 034w.•. • sa :Y^ !' „ to �pilta• has Osswel]aln 'ttla Countynft%W1% tme 1f�ta tha.CllZ ChL arcMtast t0 see It seM- thig cow bYF pWt as.. far as ferea6+ij oft. Councilman Dappstme requested the City Nmmggw am about buying more land at. 4tsdt price nos. Rr. Farrier . stated tale County would m lrtain the interior and exterior of sou leased building. Councilman Dempster ass in favor of CupeFtlno getting the "whole package.' E. Mayor Jewett ata>emWd the ribbon cutting ceremonies for the Walla Pasgo Hawk are set up for December 16, 1963, at 9:45 A.N. and ragsssted the Council be present. C. Councilman Dempster wed the alternate park alts be de- elgsated as that laud across from De Anse College on Stevens Creek Blvd. Councilman Benetti seconded- AYES: Councilman Hmeettl, Dempster, Pinch, Balch, Jewett FATS: None X&tion carried, 5-0 J= ADJOCRNOW Councilman Pinch moved tbo meeting be adjourned at 11:57 P.N. Councilman Dempster seconded. APPtDRD: SAWLM Ara H ewtt _.. v.