CC 02-05-62Oft #j. 311MTwA BIAI�lii WAD FEB B.. AL 2-4505
CITY OF CUPHRTIhf 0
1
f�fS9
OF Ti= FWMR fQlW OF THE CITY COUNCIL - February 5. 1962
NACN: 103. So. $61e hale Road
I=$ 8:00 P.M.
l: *wn To i= PiAd
II � fb1L:
Henettl, Jewett, Aelbsi, Balch
City lager.. cit,7 At>wiiw7, City
mmar mar aVA Cpw czwk
January 15, R5. 19M
Continued to #0 2009 mmatirg in order to 81ve the Iiayor an
`oyyortwdty to thle finales before appaoval-
s h LIC HEUMBS:
A. CALL�ORM7A WATAR >>WICE CO.: Use peredt application 15-U -61
for a vet:, tank and prr4dM facilities at the inter fission
Wolfe Road and Calabass Creek. Denied by Planning
Mesolutic; 35. Appeal C0at1nu0d.
Co=.,lman Jewett stated that hr: did not have time to study
No review the material D of l e"vedDin tr t
eenvf IetslnBf � y. W. Lester,
!
Co=:-.!=n Salch proposed that the application be put over
for a 3t-44 - a�
44 session, 9 ng that his aterlal was delivered 2 or
3 hours as- and contalm 5 ;ages of mterial and reasons why the
applicat!.n should be denied. The Vlce -Mayor agreed that t;
report is _cngthy and took considerable time to prepare,, such more
time than .tey have bed to read the enclosed mterial.
Co%:-._: '=n Pelos1 maid that the folder contains s considerable
amount c: formtlon but they still are not in rer :ei ,,:t of the
material f7_m the California Water Service Compare cracerning their
pmeent we :s, locations, areas encompassed, passedr, maps, etc. c. Be said
this mte.-al would be very inpo
The Vice -nL7or susrized the situation by ; ::sting that they have
been wait! four weeks for the information and he public
is now e:cae^ -.
Co =c::an Pelosl added that he 13 still siting for sours of
the information but e�.es not feel that the publie hearing should be
reopened.
The vtee -Mayor asked the Council if it is their wish to post-
pone the hearing.
Moved =y Counoilan hlrlost that a study sessioi: be held,
the application of California Water Service Company 15 -U -61 to be
continued 'or a review of the maps, date of the study session to
be fixed at the and of the meeting. Seconded by Councilman Jewett.
,ATU: `•ncilmen: Jmett, hbloai, Salch, Benetti
IRTS: Councilmen, =erne
ABS : Cmmcilmen: 7azdneo
XDTION CAR41m: 4-0
9. JACK DINVD CO.: Application 44-Z -61 to rezone 431' x 280'
from A -2 -i }2 to PC-H, went side of Mountain Vfew- Stevens Creek
bt ft "th of Alcalde. Recommended
analrg OmnISSIOD AMolution a�
The applicant was mot Peasant. The Ylce -myor asked that the
record show that no protemte lave been submitted.
-1-
Moved by Camwilmrn +ewett that item IV S, Jack DYMOnd CO.,
be placed later on the agenda. Seconded by
ATCS: councilmen: Jewett, Felosi, Saich, Benettl
MRS: councilmen: None
ABNWT; Councilmen: Lazaneo
CARRIED: 4 -0
V OWMXCES AND M13M 0115 FOR ADOPTION*
A. 0=3aHCB 199: RezOnIng property of Jack;D9mmW fi4R �2.B -2
to 2-2-H and R -1, wee'+ side of M Mtain V100- Stevens (.Y* ,
w , il7ond of. Alea14, e4 - , A,
vsd fT tt �E�L r'si%L06f Ordinance 199
Yn ' t, the' r� con to title
INFA Belosi.
A1Zta: Councilmen: Jewett, *16A, Saleh, Henetti
AM Councilmen: .*me _ - ,
Councilben: iszweo
7rmm CAA 4-0
The City Clark read-Ordina,ce 199 by t1t1P only.
Moved by Councilman &rich that Ordinance 199 be eriacte4.
Seconded by Councilman Jewett.
A7215: Councilmen: Jewett, Pelosi, Saich, Benetti
HAZE: Councilmen: None
ABSENT: Councilmen: lazaneo
MOTION CARRIED: 4-0
B. ORDINANCE 200: Repealing Ordinance 169 and Enacting an
Ordinance Regulating the Sale of Fireworks Within the City by the
Issuance of Permits Therefor. Drgency Ordinance.
The City Attorney called attention to Section 1.5 of
Ordinance 200, in particular the se,tence stipulating the fee per
annum. At the present time the fee Is blank. Ivior to the read-
ing of the ordinance, he asked the City Council to settle on the
amount.
The City Manager stated that Ordinance 10, the Wainess
License Ordinance, grants licenses to charitable, service, etc.
organizations fee exempt. He suggested that the fireworks
permits be issued on the same basis.
The City Attorney said that the Variety Store is the only
one on the list which is not a non - profit organization and they
do have a license to conduct the store itself.
Councilman Felosi said that he could see no reason to
penalize the applicant for a fireworks permit by placing the
50.00 -- $100.00 fee on the issuance of the permit. He said the
clause providing for a fee should be stricken. Councilman Jewett
agreed, observing that the Variety Store already pays for one
business license.
The Vice -Mayor said that since the City Council saw fit to
vote on the repeat. of an ordinance prohibiting the sale of fire-
worts, he would like to state at this time that in the past
differences among Councilmen have always been resolved in favor
of the public and he would like to see something worked out in this
Instance to afford protection to the children, out he expressed his
Intention cc vote favorably on Ordinance 200.
The City Attorney read Ordinance 200, rrt%,•al1ng Ordinance 163
and emoting an prdlnance regulating the sal^ o. :.rewerka within
the City by the.i6suance of permits therefor.
Moved by Councilman Jewett that Ordinance .200 be enacted as
an urgency ordinance. Seconded by Councilman Pelosi.
_2-
AIES: Councilmen:
w2s: Councilmen:
A11¢Nf: Councilmeu:
llll'ION CARRIED:
Jewett, Peloal, Saich, Benetti
None
Iazaneo
4 -0
C. RESOLMICN `42: Giving Notice oofCthe, Describing sed An Said
cf
Certain Uninbabited Territory t�
lbrritory and Designating it by the lama Stevens Creek 14",
laldag Certain Findings Respecting Said Proposal; and Qtving
tbtloe of Time and nue &d4 Council W111 Hear Protests Thereto.
9.. Com►oilman lost mt»ed tba ion of Pponlutlon 542,
adidrr< lwr '1C9 1)62 to trio "" V antic ets and place
poff anal�'op� rty wirma the
to 14: 891:dhu>nid by omm±Liman
,.
°+ eomeilmwr Jeu/ett, PsYOSis ' slob, Remetti
cou nelleuibi )tons
eoumcilmu 4lazsneo
owl chracon).
1/S tiIIdB:
A. Resolutions 546 and 547.
Moved by Councilman Saich that Resolution 546 be adopted.
Seconded by Councilman Pelosi.
AYES: Councilmen: Jewett, Pelosl, Saich, Benetti
NAYS: Councilmen: None
ABBM: Councilmen: Lazaneo
MdlION CARRIED: 4 -0
Moved by Councilman Saich that Resolution 547 be adopted.
Seconded by Councilman Pelosi. .
AIM: Councilmen: Jewett, Peloai, Saich, Yenetti
NAYS: Councilmen: None
ABSWT: Councilmen: Lazaneo
MDTION CARRIED: 4 -0
VII FFMMTS AND MRI'EN COMMUNICATIONS:
(1) City of Saratoga: Saratoga Zoning. Ordinance.
The Mayor requested that it be submitted to the Planning
Commission.
(2) Traffieways Committee: Letter relative to Oregon Avenue
cocatruction in Palo Alto.
Referred to the City Attorney for a check of possible ramifica-
tions relating to the county -wide bond issue and roads to be con-
structed thereby.
(3) County of Santa Clara, Planning Department: I.N.P.O. --
statistics concerning the characteristics and composition of Santa
Clara County.
(4) Pacific Oas a Electric Co.: Invitation to Mayor Iazaneo for
a banquet February 15, in San Francisco.
(5) County Planning Department: Agenda
(6) County Planning Department: Summary of actions, last meeting.
(7) League of California Cities: Special League conference on
metropolitan issues, Sacramento, February 1 and 2, 1962.
(8) Lockheed Misanes and Srsce Co Pamphlet entitled "The
1lslasula's Future in the Wasnes and Space Age"
(9) City Clerk: Election calendar.
-3-
(in) Cmunty Mater commission: .Anates of the regular meeting Of
AnN=7 1T.
(11) yMa: Copy of the officitl npt,ice of the annual meeting of
tie Mpmnal assembly of the AUG, Hotel Claremont, Berkeley,
�4 28, 1962.
Lm ga
yor reeatrl that this matter be placed on the next
(1� k� �. blenberg: 9iia tl-fininoial report.
i�j�g. Oftlslal +, math o? Jamnaryy 1962.
g an Q!i �attilig in Rait,mood
�T_
p of psn% State of
tLei riia 4e . ,tappuestion b _w
seeking Pa sh a branch o e in
(IQ lbetaill College: Calendar of public events, Pb'Oroam7, 1962
(17) city, Clerk: Revenue statement by source -- January, 1962-
(78) ffivislon of Highways: Statement of ®na tax apPOrtionments.
(19) >kafficways Committee: Revised page 2 of the last minutes.
(2D) John Rodrigues, Jr.: letter and map relative to 15-year
proposal for property situated at or near the southeast corner
of H7af+may 9 and Stevens Cheek Road.
Councilman Feloal noticed an application on the County
I-A=d o Commission agenda for rezoning to R -25, property located
an the south aide of Permanents Sad between Prado Vista and
DDC110000d. The Vice-Mayor f
the camty and voice the feelings of the City Council on n the
multiple residence faetor, calling attention to the tZortthiordng
preparation of the Cupertino General Plan, putting
record as opposed to the zoning application.
Mb-* ,d by Councilman pelosd that the City Manager so inform
the Canty Planning Department. Seconded by Councilman Saich.
AZJS: Councilmen: Jenett, Pelosi, Saich, Henettl
iS: Councilmen: None
A35z": Councilmen: Tia""e°
>Df= CLKAM: 4 -0
Councilman Peloel also noted reference in the County agenda
to tb& renaming of Pighwey 9• Be asked that the right Information
be gotten to the right people concerning CupertinOIS position.
?be City Manager said that this is simply a report to the
C 91017, not - final name recoamsndatlen.
No. ed by Councilman Jewett that the communications be recei%ed
OW filed. Seconded by Councilman Peloaf .
Alm: Councilmen: Jewett, Psloai, Saich, Benetti
JNM= Councilmen: None
AIl4: Councilmen: iazaneo
IONS= CA=ED: 4 -0
A. Ihysrt of City Treasurer:
,Nr. Jewett listed t;ne seed- asmmral report of C. G. Ohlenberg,
tim �m.`bly and ctumalativs ststmmmmta. from the City Clark, the gas
to ayporUonment, and stated tbens is nothing further.
-4-
IL Report of City &VneW --
(1) R�JSDIT� �q8: Aathoriziig the R"cution of an Agree
-
mot by the Mayor sad Giti Clerk (Blaney Apse Church
of Cbrist).
The City Baglnser advised that all luof the e data ana work is in
lmr dll and advised the sdaytIon t
't
Sea City Nogineer'a � dated Fabru&ry 5.
REired �tyslse i7e11'O�` aE lieeolatlbn F6 be" DaaA.
by
- :"e'lbloai, BAleHy' HOtlstti
CARREND. 4-
= -;r
"t2) *'Wd by C04=130illb jayets than Rseoiatiob be adopted,
aieasyeu g dedteation of real peopert7 lroa Blaney Av#tlera tlesrch of
deist. Seconded by C nal2m m Pelosi.
Comcilsea: Jeaett, pblosi, Satoh, Benetti
Councilmen: loon
Councilmen: Iaar:eo
SIMON !.ARP.IW: 4-0
wmmpting dedication ocreal that Resolution � lw-. adopted,
Seconded by = amellman S&I-eh.
&WIS: Councilmen: Jewett, pelosi, Satoh, Benetti
1ILTS: Cc:mcilmen: None
A1191m: C, ,mciltm: razaneo
MMON CAR? =: t-0
(4) Moved by Couneilmn Jewett that Resolution 551 be adopted,
accepting -edication of real property from Rixon, Lewis, Satoh ad
yith. Sec_:>_ed by Councilsan pelosi.
AM: -- oneilmen: Jewett, Felosi, Satoh, Benetti
ha/TS: Ce.:.cilmtn: Bone
ABSENT: :Z,-- %oilmen: L &zanso
SIMON CARYM: 4-0
(5) Mved by Counui:aan Saich that Resolution 552 be adopted,
accepting Zaitelaim deed and authorization from Prank Shtphard.
Seconded by : ouncilman Jewett.
SThiB: i-- aneilmen: Jewett, peloei, Satoh, Benetti
FA'm. Ccsmcilmen: None
A1113IT: oouncilmen: larufeO
1101ION CARKM: 4-0
(6) Moved by Couneilmmm Jewett that Resolutior. 553 be adopted,
accepting czrporstion grant deed from Valley Title Company.
Seconded by Oouneilman 101aai.
a3B: xuneilmsn: Jewett, pelosi, Satoh, Benetti
2=1 Ocomellmen: 70100
A11111fP: Councilman: Iassneo
XW&ON CARAM: 4-0
(7) Mond by Counctimn Saich that the City sdopt Resolution
06 accepting grant of easaaant from Riply Mbcies. 5-oanded by
0 mm cilsan :ewett.
Affi: Cauxilmen: yAmstt, pelosi, Satoh, L4nettl
11m: Ccunciliosn: Nana
1101111111i': cb,mcilmn: Yaaamao
W CARRIED: 4-AO
s
(8) Moved by COMWII=n Jewett that the City &00%4 the
as®icipal improvements eonstmeted in cCnljtmetlon with the Shell
�meStation er�abconPa�lbmd and
C � n yCouaciLwnl.
Ate: Councilmen: Jewett, Pelost,'Saieh, Benetti
low= COunel2mea: Nuns=
Amp: Councilmen: las smao
CAM=:
roved by coGfoilina siieh that t ; Y AQeept Mils aamicipal
t tYw 3axioprtirno
,r - Domatiltl�Rr, ts in. G on
1 �
'a ^f -.��osi, _ S4itpy. Daosttl
MUNEW2 Jaasoi9ran: Lubagap
CaRR]>ID:
by 0090101}1100 Jweatt that ResOluticas by adopted
dedioaticp�-ot rail property from Join s.
Seconded by Cou0011ii0n Woti.
Alm: Councilman: imntt, Peloai, 9&X16 Benetti
AL75: Councilmen: None
ARSE►P: Councilmen: alaaanso
NOT10M CARRIED:
(11) Moved by Councilman Jewett that Resolution 555 be
J�ted accepting dedleatloc Of creal proyerLy from John Rodrigues,
A1US: Councilmen:
UIM: Councilmen:
ABSENT: Councilmen:
VKMCN CAR.3IED:
(12) City Boundaries Map:
Jewett, °elosi, Saich, Benetti
None
lazancc
q -0
SRne City Engineer posted a map of central Santa Clara County,
indicating by means of red lines the proposed extent of the new
base map for City tourdaries. Roughly, the new map would be bounded,
a.ccordiag to the City Engineer's suggestion, by laurel Avenue on the
L orth (or a line emanating from Laurel Avenue), Lawrence Station
Road on the east, Ole& Blanca lane on the south and a section line
far west of Stevens Creek Dam on the west.
The Vice -Mayor asked about the cost of such a map. He said
$500.00 seeaued a little high.
The City Engineer said that $500.00 is a firm figure in view
of the work that would be required.
Councilman Jewett said he thinks the City Asgineer should be
authorised to go ahead with the new Cape in view of their necessity,
imaluding territJry as far west as feasible, and perhaps a little
month of the indicated line.
Moved by Councilmen Jewett that the enginecring department be
authorised is pieced with the preparation Of new b--se maps
encompassing the area as discussed by the Counoll. as per stated
Wice esinate. Seconded by Cosmcilman Pelosi.
A39: Councilment Jewett, Peloai, Salch
]WS: Councilmen: Benetti
AROW: Councilman: Lasaneo
LV=CN CARRIED: 3-1
C. Lsport of City Attorney:
(1) Relative to the traffieways letter submitted to htm
earlier in the evening tbs City Attorney stated that it raises an
4ateresting question, swurly, does the resolution of 4--t action
adopted by the taffiesaym oondttee and adopted in turn by -ne
dmD Board of �laisom eamstituts a port and parcel of the
saaanu'e p1AaM Mldyis -Ms voters? 1b expend the case point,
6:n
everything
Cittee become a Fart
ales everytMng sdopted' D! the Traf!lcways
n!w
of the contract between the City and the electorate now that the
;70,000,000.00 street measure has been passed by the voters.
Councllmn Pwlosi geld "suppose tin County decides to do
otherwise with the #396,0oD.o0 allotted at this time to the City
of Cupertino.
0oimc1,,MW Saieh said that the roads for which the money Is
to be allocated have been defined and designated in the bond
Vemblution.
7urther mseaaeion m*plorad the`poaslbilitles and the isgal
`p puts conoeming „the ultlmte ewe 'of th» bond' mortsy -wile relation
to the ballot Da'oDcmd” and with relation board- of aw activities
fithee�ilSewi$aE- Dnidtife IM-1a Osa6ty
`16 Wo lo*tbw msanpion prs_ps?aa%C*Y tw tft edtml �leotioA.
(2) Me MY At eta 0 the Husineeeas(LicenseeOrdinance
or the City y Grad thw uagenoy thereof.
• :OS minded by OrtB>�Ib1 1b: 104) AM detrLring
Moved by Gamot]mn lblosl that Ordinance 10(D) be enacted.
Seconded by Councilman Jewett.
AM: Councilmen: Jewett, Pblosi, P'Ich, Henettl
=75: Councilmen- None
ARSE NT: Councilmen: LaTao nee
xDrM CARRIED:
(3) The City Attorney introduced ordinance 201, an ordinance
establishing speed limits On Po constituted Blaney Avenue an Portal
Avenue within the City.
Councilmen Pelosi asked the City Attorney if there is any means
to reduce the speed limits on all residential streets to 25 M.P.H.
The City Attorney answered that each ordinance establishing speed
liwdts within the City must be based upon a traffic and engineering
study.
D. Report of Planning Commission:
(1) See Planning Corrlssion minutes of January 22, 1962•
(2) E. J. Small, Chairman of the Planning Commission,
addressed the City Council, stating that the Planning Commission
has recently had a meeting with Abraam Krushkhov.
The City of Cupertino h.E said, is presently caught in a giant
vise. Several mayor application have come out of nowhere gust as
the City is about to speni a large sum of money for the preparation
and enactment of a waste: or general plan. On the one hand nd it is
unfair both to the public and the Planning Consultant
City out from under the new City Planner and on the other hard !.t
is also unfair to tell prospective builders and industries -hat the
City can do nothing to process the1:• applications and proceed with
tbeIr the Chaiimapropose"
first the and
cover the land use situation for the next six ontce,Com se ond, a-
that the Alpha land Compuy and City
tions be submitted to Krushkhov for a report to the Planning
Commission. Mr. Small naid�a� nhbut;thattquestions Von certain
desirable by the Planning
features such as sanitary fa ^.tlitles, have arisen. In addition,
the developments may require an amendment to the existing ordinance s.
Be said that it would entail a little extra money to have K:vshkhov
take these two applications and furnish r report to the Planning
Coeaisotlon, but the: it would be well worth it in the long run.
22e Alpha ianC �M City Title applications collide wish the exist -
US Ordinances, he sale, and he would like a review on that score
as well as a study of the sxisting R -3 ordinance.
Councilman Jewett asked the Chairman w[ietiw:r these developments
are ready to go or whether they are speculative land ventures.
-7-
Mr. mall answered that both of i
theme coompanieesare ready to
build the structures, as far as anybody
Moved by Councilman Peloal t9at the City eerr authorize
Ltie applicants to ippaar beforo the Planning City
ordinance srit appliesoto both applications.re� the subdivision
After discussion,. Co=cdlsn Felosi withdrew his motion.
Ibvad b7 Councilmen Palos1 that the City Aanadei' contact
the appuoante !mod a< • vp the mschinery to fan Into a
4lemnsiom aaa.00mathi the Plarmin6
,. i • :�pRppdmd -bw - -Cbtseo>ElelaII
i iLL `Y S1 }
MIX
- 419 :. CaendYlmOms 10100tt) A1osi, 821014 1lwetti
�: fb�aiimens: �Qti '
ApSM: �
Councilman Jewett adW , that tth lank Planning d 1nesanch
as certain. moneys have been budge by
it behooves that body to expand the moneys as indicated in the
current budget statement.
The CheIrman of the planning Commission thanked the City
Council and said that the work done by Krashkhov will be inte-
grated into the other ordinances and plans.
8. Report of City Manager:
See Report So. 62 -2. Gated pzbruary 1, 1962.
(1) A letter hue been received from prank Fenley, School
Superintendent, outlining the school's position regarding the
walkway east of Creston to Stevens Creek. The letter recenmends
that this walkway easement be abandoned and that the responsibility
will eded• preferably' south of provide
he presentweone.ifThe citU one
Manager
also recommends that the present easement for walkway purposes be
abandoned while maintaining the easement for utility purposes.
The City Attorney agreed that he would like authorization to
negotiate with the Pollards' attorney with a view to dropping the
suit against the City.
Discussion followed until clear distinction was made between
the easement in the creek bed for the water works, the school
walkway as a surface pedestrian easement and the walkway as a
subsurface easement for utility lines.
The City Engineer reported that the path from the street to
the creek is not technically an easement but property owned in fee
simple by the City of Cupertino.
The Council agreed to keep the creek easement for the water
line, the easement below the pedestrian path for utility line and
abandon the surface easement as a school walkway.
Councilman Jewett asked "what If the school decides that
they reed another walkway eventually?' The City Nsneger stated
that Mr. Penley, setuol superintendent, has said that they will be
responsible. In that regard, he has mentia:ad the possibility of
installing sn easement if needed in the future, along their
property line where he said it would cause less difficulty than
adjacent bo some other lot.
Moved by Councilman Saich that tno ;adestrian path from
Creston Drive to and the City Munger w prepare the Ddocumentsisub ;actCtoy the t
con-
dition that the Pblla.rjs accept $jao.00 as payment for the vat:,:
works easements in the creel. bed. 3^- coaded by Caunclinan Jewett.
AIRS: Counallmen: Jewett, Pelosi, Salch, Banetti.
MAYS; Councilmen: lkme
•UNW: Cousellrsns laJsaneo
Amon CIJOWMD $
r.
• (2) The state ovdA&h rcpt rubials Mill rAt*K*Q" te!eporall
pavement on the rest side of %ghway 9 between swwise and Rodrigues.
prank Psnley, atiperinten ent of Schools b6a asked the
Cgm2cil) to relieve Cook mka wileon or their raaponsibilit7 re6arc -
2M .the walkay twos Cre seOn "Drive westerly to the Sthool. The
Scl obi is going to ispavrae t2ft walkway in aoco lone. with the re-
quest made by the City and Nr. Perley has agrssd -to vhis. Mn
r reco�nded that the Cohmcil recognise the school
'a llttttr LO -�•� efPeet that tht sshool itself rill
- - ^mpaoaiMli$ ltrs� ilallosy. The Mt! Mmceger tn:ther
ed that �t the dash sad YktMOe mub-
z,a asiQS; Air1l. ' 'mr fists L�tmer
T- that fiahil� hi�i'act u `>en Zliadamds.
x (�) 81amq AveUmb r
a rxz -1.4*a Car an l smat ag ha�sMU she Property on tae nab % s it As not asst �ali�'d closed
;y sa�orlb 61 to IEr if Manor
would thin WPM --
An stated in the elty 1lansgea's report, Jeem Evaer jf the
hlMdon or Rlgpokys etlla3•agp asked '*so s' tha City is willing
gb'jq the edditiornl seat o!' 31,f00.00 to have the Mau use
ylafr No. 2.
Cowacilsan Jewett said that the State repaesentative, when
addsassitg the sty Cornell, Wwe��i� on the or
rythe
Bost for the Blaney resligmeent In
f\et, it is the general opinion that the statsumt, was made that
the State rill pay for the entire cost 121 this freeway creasing.
The Vice- htxyor said that the orderly development of the street
structure, plus traffic safety were the reasons for picking plan
1e. 2, not because It cost sere.
Councilmen Peloai asked whether or not the City is obligated
financially if we pass a Minute order choosing one of the plans.
The qty Attorney said it is a risky business if we are on
notice that one or two of the plans way cost the City money.
The City Manger aaintalned that Cupertino has had no official
notles that plan 2 or Plan 3 would have to be financed in part by
WW City and that only a telephone call made mention of this possibic
cost.
Councilsan Pelosi suggested that the City write to the State
for mdre L ^Somatlon on t►.e Mub3ect so that the counCll has a
clear understanding of the alternatives.
The City Attorney recalled that he specifically asked R. A.
Hayler what action is requSred of the City in this case and what
specifically he State is asking. fie answer was somewhat vague
but there I, forna.1 a that, a resolution. They agreement anything
ey simplyseemed so
want e=pn ssion of opinion from the Council as to their preference
or simply to keep the City informed as to developments.
The Vice -Mayor suggested the City state that it is not in
accorC wit`. flan 1 and therefore prefers the Division of Highways
to constra:t Ple•i 2.
Councilman ing Plan -1 along Jwith t6 said
fd the T affected should
ected owners. pro favor-
Jug
property owners.
r
CoQnc;llmen Pelosi said he agrees wAth the Vice -Mayor that
M& letter should a" grpertino favors Plan 2 net Plan 1. How-
ever, he again suggested that the City ask the State 'or an
official answer on whether or not Cupertino is suppo ,d to stand
any of the cost in the construction >f Plan 2 for the Blaney
"alignment.
Councilman Jewett suggested thr Mt-,f Manager call the
Dlvislon of Highways and follow with a letter. He said he coup
-9-
mt see. We paeeaduzb as a la1 binding contract which would
!malt sM flmneul obligation on the city.
emna lnue Jewett mound that the city pb Manager g and letter with
Lm fe►ldle the Blaney Avermre .71ea1.1gnm°II - by Pbo fX-.orJW Plan
,as flute Division of gigl n y, as discussed , 3ecaodad
me. 2 if do 6 of the 7 e�� property by
CWADGIBM 301-A.
,ftsoilao A11osi tbela_Apari,_tee minute order :ptaioi�! b7! the
on an i o sry .2%w Plan 2 as ttfi�4! a0st feasible
>r� pot ' the. adopted oa tho A Aa&t�
o control, _
os�ssE-WA9 -0 /Llc� l tasen �jjd
costI thet is to Yqi ,
,.ec. !mst�4- 3ntclsbunL on t4t�1 to state
tlin�`1t,afyli sot pal !!`State to conit !Ln 2.
WK
f Jwett ydyee. previous motion. (liii. 3
Osmeilmen Salola' his eecon.
Mae
ed by NtmoilmanJ� ili&t the Wuncil rescind $,to.rormer
and adop=ak 2 as prt-sented b>. the pdvdsion
of Wighmay�rthe Blaney Av'&'AQ overpass, adopted by t11e 'City
osmeil Jaaary 25, 1962• Seconded by Coun4.41man Stich.
Ate: Councilmen: Jewett, Pelosi, Saich, Benetti
MISS: Councilmen: NOW
AIlsBliT: Councilmen: Lassnoo
VDIXOD CAWU31D
Moved by Councilman Jewett titst the City Manager be instructed
to contactAb. Black and Mr. Sayler of the State Division of High -
vays by ptQ and letter to state that the City Council favors
Plan No. 2 of the Blaney Avenue overpass as do 6 of the 7 affected
property owners. with no encpenditure of money by the City of
Copertino. Seconded by Cotmellman Saich.
Councilmen Ablosi again asked what harm it would do to write
that the city does not intend to expend City fins.
The City Engineer stated that the State may have already
d "ded which plan it intends to use except for the geometric he
cross section which they always try to ecke correspond it the
City's design standards and they may simply be app
City on a persuasive basis.
Vote was cast on the foregoing motion as follows:
ASKS: Co:ncilmen: Jewett, pelosi, Saich, Benetti
Awls: Councilmen: None
ADM=: Councilmen: alazanso
.
11MOM Offfu
Councilmen P01081 tt the ty athorize the
maperAi)ture Moved of anyadditional $8510 for6the Miller Auvomw traffic
� offStevems�Crook tiRoad at Killer. Seconded by C0WWilmanncrth
Jewett.
ALBS: Councilmen: Jewett, Pelosi, Saich. Benettl
MISS: Councilmen: ?lone
&l : Councilmen: #l&Xa+eo
RMOR CAARMD_
(6) G°sllasao, Stocklmsir and McCarthy would like to annex
Woe, Ideas of property at Ume southeast corner, intersection of
shovsme Crest hood and Soesthem l'&cific RS. The property is 6/10
or an &ore.
The Vlc*4"-z advised tbm City Manager to repot? to the
VoUtIoners seepcamams
ation that no zoning otrirrge can be
to
., ,20_
(7) The city Mameaer asked the Council toaadtthe Oitythe
ezedution of an agre*Mt of
Capertino for rater froze the Fisher yell:
Councilmen lleioai said that he would like to sue a copy If
the agreement.
1hs City Manager said that he would ;'t like to see any further
dela' as dt sight disturp the agreement and he•hdd hoped that the
CitF Council would approve the agreement on his recoasendation.
Cas►eilsen pblosi said he would like OrliAd ted•agresMent
hflare voting. e.
1 3 U l�hR :J p�dStltAt ha'ia ne4 1n;Nk"t at the Caty
MR and d:ttii i&t`tlslRi�dles is thM
s . r *"me== Said emiia that he tbinte QWA§I] Mm shMrW read
MW vice-lhyor said tilt the City hamhger hN stated that Mr.
Fisher could coneavably Flange his mind and head= mngtested that
the City not hesitati at this point.
YAw by Counal2man Jewett that the o e authorized
'to instigatpr eedings for the execution the agreement, wit
the City Clerk and Mayor authorized to sign said agreement between
City and Fisher for surplus water. Seconded by Coiuoilmtn Bemtti.
ATIM Councilman:
J %wett, Benetti
NAM Counellmm :
Saich
ADM=: Cou nellmr:
lazaneo
ABMAIMD: Councilmen:
l01081
The C_ty Attorney advised that tins motion did not carry.
Moved by Comcilman Jewett thet the matter be continued to
the next nesting with copies of the agreement distributed to Council-
men. Seconded by Councilman Saich.
AYES: Councilmen: Jewett, Pelosi, Saich, Benetti
NAYS: Councilmen: None
kBS MiT-. Councilmen: iazaneo
MMON GRAVID: 4-0
(8) Moved by ;:ousnellran pelosi that the City Manager write
• letter authorizing Prank Shephard Belmont Tract builder, to use
• street name In place of "Haggerty
r'. Seconded by Councilman
Jewett.
AYES: Councilmen: Jewett, Relosi, Saich, Benetti
MAYS. Councilmen: None
AB XNT: Councilmen: lazomo
MOTION CARRM., 4 -0
(9) County Water Commission: See City Manager'a rerort of
February 1, 1962.
(lo) The City Mamger reported that John Rodrigues Jr.
has given the City permission to drill a well on his property at
the northwest corner of Mighsay 9 and RF,eestead Road. He said ha
would like to use this permission from the property omer and asked
authorization from the City Coii_ucil to drill a test well in this
location at a cost of $1,800.00 (900 feet at $I.00 per foot) plus
4400.00 for an electric log. The city must have another well and
be hereby asked the Council to allow a test hole in this area.
Moved by Counoilmor Mdlosi that the City Manager be authorized
to expend such funds for the drilling of a test hole at the north-
west corner of Highway 9 and Homestead Rood. Seconded by Councilman
Jsmstt.
AMM: Councilmen: Jawatt, hloel, Saich, Benetti
]KIM: Counnciumn: Mey
ADEW: Counci Mm: lazwwo
hMfl'IOM CJ Fa=: 4-0 •11-
II WAYMM HO r='-
A. County later coip s cnc
see line 43, page 11.
H. Irrigation Lime, Tract 3061.
Cowrailgn; 8s1oA w}tb"vw from any discussion- on this item.
9sse vice -Mayor asked the City Attorney if there'le anything
mw.. oa tea
iar. Anderson !ttythhee recorls. have. ,,gain baen�ke
Aft ]GSM- yye
wit gt. g of property, J+s ,ipterest
umay Dave "have rdrthar surface eaue!atisrrt, s , etc.
;,iibbM4 -CMMi won st1win�tod- parley_of >,l1,41'Oc there -
ilar,, thug are so adverse interests in cln property. sRrd pO
Interests of asp sort by people other than the pressmt owner of the
t Asp& few %%y,AtfeywT --,V 1d that be at4eke4 slth the city
>Ietineer'qo oMer IAmesilulnt the Vestaare,;Aabdivlpion and was
told that there were 2 irrigation lie +a in the West"Pes subdivision
OW of easemantt.. s as other Use 14 beneath the �rhce of IIaclellan recorded
Road
A sad easement oc, a given totes also
utility lines and pipes beneath
sad mo eassmeat Ss required lay Atto Maher nectj find any intereested partiess there oreetthere 1s no
change in his report of January 25.
The Vice -Mayor asked whether any owner has expressed a wish to
get together with the Saiches or developers in order to make
arranseMents for continuing irrigation water service. The City
Attorney answered that he has not be in touch with most of then
although one owner so indicated in a discussion with him.
John Rodrigues, Jr., said that when he subdivided there was
no recorded easement within the Ylestacres Tract and a title report
so states.
However, he said that he had to contact every property owner
with access to the subject irrigation lines and have such owners
sign a waiver. He said he also had permission to sever and abandon
the other line from the P.U.C. but was required to replace the line
at a cost of $4.00 a foot to him. This line served only two small
properties he stated.
Councilmen Aelosi said that in this case a line is not
recorded and the whole property is subject only to the present owner.
Councilman Jewett said that a valve had been discussed at a
point near Stalling Road along with another valve near the loca-
tion of Lucky Stores. He asked where Saich actually got the water
and who installed the lines to the west of the present site of the
Lucky Stores and Qetell tract.
The City Attorney said he gathered the meaning of Councilman
Jewett and anawered.that the City cannot enforce rights that are
not of record. All obligations are recited in a policy of title
Insurance and when the City purchased the Alves water system it had
to assume not only all of-'Alves rights but also all of Alves
responsibilities and obi mottdons.
Councilman palos1 said that if certair orcta rdists bought
water from the City for appcoxismtely 2 yeaia ann suddenly the
City can no longer deliver this water would the obligation and
responsibility of the City then become a factor•and male the City
ltable if certain arrricultunil pursuits are endangered.
The Vice -Mayor summarized by asking "'hat is the policy of the
City? A developer in the past has been forc9d to extend an
Irrigation line which . has been disturbed by the conatructiol of s
subdivision. Has the Council already developed a iwlic: end if so
-12-
should it be emtinodT' as recalled that "the lla7"
last 6 tLat 0l Wn people would contdst
ogan'lon if the subject ±fiyaatdon lines were "sereta
placed.
stated at the
lsgaL counsel's
4 and not re-
Councilman ft-lost sedd that the lines in the Rodrigues case
=te a pudic utility and this situation is Jiff Te t TVOnvotived,
matter before the..namxsi21" there is no Paoli
wet a municipal watet;'sal I instead.
CoanaLima 1 dQ that he would Lilts to see the minutes
s the: Lbdrivosi
.: .. , Je1m 1100e7 !> 409stioa 0 21nee
tqn -be built hds<w mild
tover y ;l7tle 1gtu1\lgsa 1016 t ilk said he w111
' heisted the ,. stlted fa :b-#ftWM was
tbatitwela tie ft -A rsn" what-
vati►
between the irriOtion line
s
in
UsaftarM saDdt $aviation 11maW m the ftich i maid bs Psrt7-
hiss`. tgw�tlme tbat ' he -was required
rum the lines at a oust that this is a po]iay of the
city. the
Weed by Cohmeilmmn Jewett that the City Clark City Cotmcil
Pertinent minutes out o ri tae be file for
given aann opportunity to present
and also that Jobe title reports
ttoosFebruary 19.Seconded by Councilman BenOtttmatter be continued
ASS: Councilmen: Jewett, Relosi. Benetti
iTS: Councilmen: gone
♦BSEW: Councilmen: Iaaaneo, Seich
fel'P]:ON C&MU3M: 3-0
C. lliscel;aneous:
More
councl: man Saich resumed his place and activity on the City
Council.
= ARCHIRBC4TAL a SM CoWML APPLICATIONS:
A. BEL-AIR OUTDOOR POWUM, INC.: l! So Maplay, southeast
corner of FIghmey 9 and Stevens Creek Boulevard. Recommended by
H control. Conditions. Continued.
J. T. Martin, 722 South Bayshon' Sam Mateo, represented the
applicant. Be said that actually he had no knowledge of the park -
lug requirement but that he was told by the Building Inspector
that certain ratio would be required. In this regard, he is
reserving 1/3 Of the XWOr" for parking. The operation will be
conducted y b ttoo 8 eetblaah � the sslgn a The littleobit cover
higher. will
The Vice -lwyor said tbst the City Council is asked to pass on
ofecourse, comply with all aofhthecordinances of the Ciity , i
,building
and otherwise.
Coumcilenn Peloai said that the application was approved by
the N. Control comelttee,the only conditions being the inclusion of
a force on Stevens ` •Mk Boulevard not to exceed 3 feet, the
and sign
broken fence patten. -11 w Highway 9 with
to conform to the OML .nee. The R Control Ctm Committee also under-
stood that there would be no parking on
conditionVice-Mayor . Th1 pplicant answepredc�itthe affi-ma1tiive.of the
Moved by Councilman Jewett tbAt the architectural and site
approval be granted as per tha and
Prco conditions of
the N Oontrol Committee. Seconded by
+2
'' E]�n2:..' • -fir rivsa, ...-mss - _-
-a fbonelinen: ,� ° -
CAMUMD of
_� —_Av fii by Co>a1c1IARD, ftyat*jkb Atea 19 B o by Cw2nc11-
1!1lrew 5, 1962 be aont3bMad �b ysD>te2Y 19-
1 .4 . _ as owortmm swsw"* the
E_ �L'�AZy, nomr Dt
•9. .. b .the l'1yi�R ►y' to-
lI. i
by MmuMLumov -C�•. ._
Cu nMlaen: • !lloal, Balch, Bsaettl
j � CARD
Comellum:
Oocllaws~ , ire
:n
A. Aaployees health a,,.sxmcb--m.
Contin ed to next feetla6
N. Alscellaneous:
None
ME, COaL COINMeLT10NS:
Bone
ZIIZ AwOMMMIC:
The Vice -NS"r adjm'rD d tl1e aeeti' at 12:08 A.A. to
Iv, Pe*.emry 8, 1962, at 8:00 P.M.
Afl .
' tr e2yc
-. s1#-
/s/ hick J. Lirireo
for