CC 03-05-6210322 RC SA MfflrA- SOWMW ROB AL 2 -4505
III4.Y QP CUPS: IN0
MJMMn Q/ THg MWUTAR 1tBEUMP OF RRS cm cWWM - March 5. 1962
PiACW 10321 So. Saratoga- Sennywale Road
TIMIS, &00 P.M.
I SKIM TO THE FLAG
II �Eia Hln�tfi, t%J; '1 %)I!,- olw
OabCii>m TA'� ..
MEN ,
7r�ed yj armelrs >ynr►ett Ilse ta.38i6�sor lwbsoary 20,
,: Dt .Dpao..Qt as �soonew casrelle E.
a: Councilmen: s:e.iis, Jawtt, alosi, Saich, laraaso
MTS: Councilmen: 100.
MDZW CAM 2 N .
Iv P11i iC HB/REW:
A. R. ChLI 3 BRO.: APPlieation 51 -2 -61 to recons 14 acres free.
R -i:R -2 to C-1 -H and R-1; northwest comer Of McClellan ArAd .�
�y 9. Feconoen0e a by punning
The Mayor anounced the hearing open and asked if there were
any people who wished to speak on the subject.
Sm est J. Rine, 10377 Yestacres Drive, asked to ace the
neighborbood plan for the area with regard to the street pattern.
Be wanted to know if the road plan for the rexotA ft area ties In
with the existing street pattern and tae street pattern shorn on
the neighborbood plan.
The .1eighborhood plan was posted-
Councilman Henettf asked if there is a specific group In opposi
tion to the rezoning or whether Mr. Hine is simply asking the
Council to review the material and application as it sea discussed
by the Planning Commission.
Mr. Hine said that the City Council should discuss the applies -
t1on and allow the gublic to air Its views. He added that the
Planning Coaeession cbenged the whole set -up'.
Tha Mq,or asked Mr. Hine If be is In opposition to the proposed
R-1 and then be if be is In opposition to any of the appes-
tion. W- naked Msr.nine further what the street patters: has tondo
w.th the application, since this is a request for resonIng and does
not include a tentative MP or a street pattern at this point.
Councilman Pelosl said that they should not ot lama site o m�
!fast fist this is a p�1io hearing but as
heard anything specific from the protestant. 1e said the attar
should be taken in order and any objections considered by the City
Council.
The application was represented by Don � of.0 -le8 dined
the wds" zones as Pres6Ut1Y proposed
fras the center of Rlgbmy 9 and approxiately T00' of R-1. He
said there is no street P1aa at th'.s time nor does he intend to
mttsit a street plan mow.
e moilsen in tti asked the apPlicant to "Int out the area fo
the benefit or the public.
-1- MAR 12 1962
Mr. % Ijy continued further, eVlalyd% that tbe.aDPlicatlon
em d fitt aa
ed aootaid a zone of k-3 -- 200' 16751 - the
.Rase of the PlawSM fasmission bearings, the Pla mlft aalon
meaoded the applioatiao. with the,00ns.ut of the applicant, to
ellmdnate the R-3-H and add 100' to each of been filed. with the City
lm�ad deseriptfons for d* property
elm* and new saps as well.
Mr. am asked the applicant to review the aMIUStimo again
sor the benefit of tba people in attendance. Mr. Bsnd/e7 41d. s.
' kNt, 1 mkla' 0�.'Jaol�tt Uq, anued bow many rows of houses-=old
MOUVision =9 Ww: ibfl? S%&%*ta:
mal raaalnlag 20 rest os 'it b =b waa>d
16b� saeMt. Via: it SOP � am xr' ` half
�
xpe eedr to aaa m to flit msdgbbor`
tbla mould IrMlw t*G* assets
L amd t df� oaa arrest intersecting 1(et7s17a7 m Road _
ii'1 RalMi Fas Drive, asked W11ftO MI 5*� murk
fpW to an the adg1Dosbood plan. this being th8'"*11 t. of. the
peoposed ocamoreisl, measured !warn the western edge of the .risht -of-
1W.
The City Rngineer sealed off the property ate: indicated in
ormyon where tha ;"WSW commercial would be. The 500' asrt
or 560' ira the existiruB r,=rterlins would reach a point slightly
west of the
ibrA. Mr Royceas�ked thehreason for the Planning of
Condselon cweavge.
no Mayor w1swered that the grin purpose apparently =a to
ellminatt the apartment zoning and also to allow better commercial
depth, 400' being c maidered as insufficient.
Mr. Hire stated that a referendum petition has been circulated,
Oppceing po-H zoning on the south aide of Rodrigues Avenue. Fe
stated that this means that the petUloners want residential zoning
on the south side of fbdrigues, extending all the way to McClellan
and they do not want PO-H or C-1 -H in that area.
The Mayer desurred, stating that the petition refe.s to one
&ors only s:i not the entire section nor the area indicated by
Mr. Hine. Be asked if any other people are urottest�ihe subject
application or if Mr. Rine is simply speaking ror
Mr. Rine said that he would like to go on record as being
Opposed to the application &s presently presented and being in
favor of the original application, including the R -3-H. Be again
referred to the street pattern.
The Mayor said that the street pattern is simply a guide to be
need for evbOood plan nor iIthere There is is a street pattern before theuCity
Cbancil at this time. He asked Mr. Hine for further clarification- -
is he or is he not opposed to ';he application.
Mr. Rine answered that he is opposed to the application as it
we stands.
Nowd by Cow0012100n Jewett that the hearing be closed. aconded
.jj comsnilgan Saich.
w>�S: Councilmen:
Councilmen:
t Councilman:
,. CARRI31D:
Moved by Comallmen Jewett that the City Attorney be mm--ted
is draw an ordinance r azoning the pr°�ssionR.CR at an O�
AgppUcation 51 -Z-61 as per Planning
.4ftmded by Cm=Dilamee Nowttl .
Benetti, Jewett, Pelosi, Ssich, Iasaneo
Mon*
*one
5-0
:.! com"I ) ,,
Ammir- w. p�ry{q� �: NOW
on= �• .
sked
Charles love=, 1_Ojj2are9Racres Drive, achy the Mayor if it
3a not usual to bold two hearings before the City Council on a
�I9 Mayor ansrsrsd t3at the City oldlnaace }.1vvfAes for two
.be fore tbiCb�triioh' -ldld "the Qo!1es�lht Code
for- use..era Dts�aiw the City Connell,- this-IS tee
Ink slantlowto tai'ir
� &
peda aaa•'i�w
AND
9�Orriuw:
V .: ,4�r...,. _aA*.,e�� :.-:� :,,rte :.- _:_�qy .a. '.•u:
,��
,��,�_ � � OftJaI�.DJsfood'lso0 t 'HRH -2
•: �I�-i3lilula of Nnse�a:_ north Of !!bald•.=
First reading g1vea-
•. Asaolutiona 562 and 563.
The City Traasarar reed Resolution 562.
Moved by m. Ilsan Saleh that Resolution 562 be adopted -
S9esmdsd by Councilmen Renetti.
Alm: Councilmen; Renetti, j,wett, pelosi, Salch, lazaneo
Wm: Councilmen: None
ARSM: Councilmen: None
RMCK CARRUM: 5-0
The City Treasurer read Resolution 563•
Moved by CounciRaan Renetti that Resolution 563 be adopted.
Seconded by Councdlaan Saich.
AlSS: Councilmen: ametti, Jewett, Pelosi, Saich, Iazaaeo
=ATS: Councilmen: None
ARSM: Councilmen: None
UNION CARFMD: 5 -0
v7Z MM3"4TS AND WRIT= CMMWCATlOMS:
(1) Girl Scout Comell; Mrs. Robert Durur: letter requesting
psr+ -salon to conduct coons sales March 23 to April 2.
Moved by Counoilmen Salch that such approval be granted.
Seconded by Councilman T01091.
A=: Councilmen: Eanetti, Jewett, Rtrlosi, Saich, Razanso
Nwm- Counellmea: Nome
ANml: Councilmen: Now
001MM CAMUED: 5-n
(Y) City Clerk: Memo atatdas that ballots forr venue tte April elect on
eaeI be ordered tide week. Ie the lodrigues not
semalved this seek the ballot will have to be printed without such
a measure.
(3) alabard Darrod: letter Am" Nithdmml of 120 acres recently
so9msd to the City-
Ibfemed to 1-021 ocrosa
( ;} Ava9ea OatlRfm: ON mas protest to Orddtrraoa 191,
I of:tom dltf Cleat attached statING that 921"
BE= iQs of tag raglstered voters of the city of
-3-
The Mayor stated :that at the City Council bearings people
gave the impression that they were In off the M- n.atHe mid
be is opposed to people melting i tutor in
ftameil meeting and then fuming aronsd and sip M Pe
opposition. so said be does not endorse this petition. He called
upon the anneent to speak on the Matter -
q; John Racane111 said he would briefly Bice to review the salient
points in the matter.
!hR at&gr iw0 ha.mmoalleds- Led IID Po-H sons at the
!1M- � patios ems saba thud, _'lsaga"Ws tDe1 applied for
esaedlfm:-ba
m ad-
area
Be maid l�asY i Lad toy�am has Eaine � thsygoeat>�
1&,JftS t�•' and icy MY r �y
smuMbe OO.10100 ed U b th -th? �te arm � WV and such
Wbon it finally appeared that the rezoning application would
go through as PO-H, the people wbo had been protestlag C-1 -11 but mt
PaH than took a different tack he said, and opposed the actual
use rs a professional office. He maintained that the protestants
originally contended that they opposed the C-1 -11 MUM not the
actual use of the property which was represented nta Professional
office. After that, said Mr. Racanelli, the pro teataHe is in favor thM
circulated a petition purported to be a referendum.
of the rights, privileges and prate^ -tics reserved to the people and
delineated in the Constitution 9f the State, but these rights said. Not
once did not b2 used to trammel anyone raise anything tdisad�vantagious abouththe actual
subject itself.
parcel onwthe west, he stated that the property daisoup adjoining
sale as R -1.
The applicants, he explained, are familiar with the °lection
Code sections covering municipal referendums and they intend to
follow this referendum law which lays out the duties and require-
ments to which the various parties are bound. Me allegedleBrendum
he said is invalid for two primary reasons, one tai r
on its face and the second being the absot ^.e of proper affidavits
of circulation. The election laws are designed to prevent fraud as
well as p otect the will of the public. Ny preliminary investigation.
said Mr. Racanelll, indicates a felonious violation of the Election
Code by the circulators. The duties of the City Clerk are outlined
he said, and apparently have been followed.
Mr. Racanelli referred to the handwritten wording on the top of
the petition labeled "referendum petition ", also stabru� that the
petition purports to contain signs ores ammnanting to 13 of the
registered voters of the City. He said this alteration, os Its
face, makes it invalid. He also maintained that the papers
matted as affidavits are not affidavits at all. He asked the City
Clerk to verify the dates on which the petition turned in lively.
also the affidavits, .Le dates being February 13 mind
Hs also elicited from the City Cleric that the camber of registered
voters on February 13, the date the petition was turned in, amounted
to 1T04. Irdtial cheek of the petition by the Hmgistrar of voters
resulted in a statement by that once to the effect that iTl
valid signatures were included. A re- eamination of the petition
prompted by the closeness to the required 10%, disclosed that 3
additional signatures were valid. These had been previously
labeled not surriclent, two for reasons of illegibility and in one
case the affidavit apparently had not reached its place in the
great register. Mr. Racanelli referred to an opinion of the Attornwy
General handed down august 16, 194T. He repeated that the petition
is invalid as a petition for a referendum and contended furthermore
that the buuiea of pa'c'vSM the alleged referendum in fact should be
posed an thm petitiemers, not on the city, net on the taxlmRyere and
-4-
sad not an the peoptl+W owners. He n VO a Cepsitino Cornier
Witorill, gnot1q Pied wtltch were noB is throw of the proPascd
refarendm.
to concluded by- mWing the civet of the tatter is tau it
s Petition, a "Utim of protest, or doss it Actually
a rarice ems patition and call for an election? Ile asked the
Council to tab no action and strike it down as an invalid pe tition.
J. 0. Atklkmlae4 aeead to speak on tba" in order to
clarity one or LwO ttiaaa. First, he said to ca *mtulate
tiwU, speech. 1M:;, bw sad thtt.ths City
a "y. edit• itae �' LiPgs- Wit for
;; to ptc 1��iolh► ad���'`lfltll�'tER��md
hd into acid rocrio0d st. doe tlwM that the
» lO�tt' -'` Iatels
[
022060itw #dMeft to tifie,
t�l
or-t" y aadckirbaa'bben6ed his
ttie ft" sri-ttiu t es an !trot
oftha. 11Fsaideiacre'11wifttkity• mew. "it would
be worm PLtiu6 such a statema an the Petition
' ttkal tom petppi:�ttlow " Be said ha albs that
>; l5brr is a readeigdad tb! corsestioAa sad that the
within tbt 10-dq pes9ed• It was not k"
`. 0tu time the pet$*A= was ssbaitted that the"affidarits ware
Sa satataintd further that t1%ib- 1FetUIOn is the voice of
tbbw Pe a and tha people did know shat they were sipniKG; further -
lore, that the petition was not a protest against the City Oamcil
but only coppaus an* ordinance and one paste of Property within the
City. was a� petitiLonaand the matter was explained �u�
the ad rs.
Mrs. J. 0. Atkinson addressed the City Council and said
'I never ideated I was at any tiw for the proposal, either as
C-1 -5 or ?0-r, she asked the Mayor to acknowledge this fact,
uhlch he did. '!ben she stated that she passed the petition after
the expression of opinion by the majority of the people on Rodrigues
Avenue was overridden and the Oc,mcil had adopted the ordinance.
There has been no alteration on the face of the petition said
Mrs. Atki --son. The top of every page is typewritten in ezactls the
same larC..:age. The Registrar of voters has checked the petition so
1;, iW,st met the general requirements and it most be a valid
referendum petition. If I did not have sufficient names, she said,
I would have boon notified within 10 days to
been given 10 days additional to secure the names. she concluded
by saying that the petition was circulated in good faith.
Mrs. Claude Oiddings said that the people are not protesting
professional soniras ea such, but are only protesting the P0-H in
this one particular spot.
The Mayor called a recess at this point; the meeting was
reconvened at 9:45 P.N.
Moved 3y Ooimreilssn Jewett that the Comeil set the petition
for the April 10 election and that the 0aoc11 stipulate an early
aPptaranee by the City Attorney on behalf of the City to deterulne
the validity or the petition in the event the applicant should file
salt. seconded by Owuncilran with.
Oancillon a mem asked the saber Of the motim to clarity it.
tie. Jewett egd"Und that be wanted to get the matter settled before
"a April 10 election.
tot City Attorney said there are two sifts represennting property
lsibarests in this petition and a daterwSrnticn can Properly be made
*nor 1onhis jurisdiction. 'mel Election Code oboaftaine ernes li or
t, toady that the petition be"eaaprised.of ics.of the
voter of the city and tte �� et, it � Petition
«7btflaate that this r�+t Jurisdiction to be void it would
M- s bald by a comae of es�sOtat
-5-
than be a nullity and a east could so hold. �T tbit rneys fees
i would be aataorised:to Liu an appearvnee imrolVinB
in to pei�prbD0d of sw to =5w if the city were defendant in the
case. if the City were the plaintiff, the fees could be� � ih�e
ge :mod tWV tbs initial Paper wow squired of the he
scald laaoivm thm additional cbsrge. of
tt2mi�� would date�ns Wsetber the petition is valid or invslld.
shoat the attorney,a fees and the
Councilman i�ad dIt the City is the defendant. or the
i Yflad aZ� it 00 that Aselatprs
it tba QLtf lilts
nisiebt .3ht CSRT�dt =dl�sy
c: .said 4'tsz aAditlalafsia�ai7atsm�:
at use
tit
it the sba - - -0 ap�tb t the
` andin� p = t p nea 19?, the
-- �enta6• if for � should witadoaw.
' SWASent edges sa.p-a0lr`taat
sa
that tam Qemeil is now anpMed in
' CanAeilasa Jewett
of legal imdpsnt whleh can only be
a UO2 discussion � therefore, be reiterated his opdrtion
dn a pr Witter on the ballot unless a court abould
In rule it cull sod Vold.
nate action Part; Of the
notion i tKM that��rns him. W 7 A¢ to as the
an the ballot, he adod, and deterwine it in that way as far as the
Council is concerned.
Councilman Peloai said that the tine may be irSPO tanteand this
legal remedy lewwn as declaratory relief may be appropriate
case. Re asked the City Attorney bow the time factor could affect
the case. The City Attorney mid all an matters and It
relief has statutory priority would have its gnawer i�rior to Ap_11 10.
Ids opinion. that the City
A,=gg: Councilmen: genetti, Jewett, yel3si, Saich
Days: CJL"lcilmens Jazaneo
ABff: Cc;sncilmen: None
Amon CA RIED- 4-1
Mr. iacanelii asked permission of the Council treferendu�to-
state of a:l of the Papers comprising a �
file.
The CI-y Attorney said that they would be entitled to get this.
The City Cleric said he would be happy to furnish these papers at
cost to the applicant.
VIII MMW OF OPPICEM AND C am:
A. A :port of City Treasurer:
No further report.
b.. Report of City 20SAW101".
1. McClellan and storw Dwain Agreement: The City Engineer
Vomited a drainage area sy and referred to the City �°°�� of
raprt dated March 5. TLs psePO6ed agreement between the
Of man Jose Provides that Cupertino shall
Cupertino 5� of the a City yoOft of the complete lines from Revert
bear R to Viz Aver», u�L San Jose shall bear 49l�, Ob
ssatddsm campntatisos ibr iasdiate credits affil IINO a
balm as the total area within the drainage
arwa whleh am developed is the Use of construction of tbst portion
pf - :tht una, iht atrmsaaet contains sections aatablishinit obliA-
_ldmss r+Qo�sd of both cities udtloh the City �caer than trans
-
.� 4 mil, sha �UllZttoof� the pto�ttiis p powd at this
tam.
+6-
.,So Myor == that the' MY psonall is now to the execution the
asommm ret_and if :fie City staff bas MOQtjec«ty SO r,
� toata further Vim. He referred
atawd thtt the ag nt is s food one.
-. 3 LilsMn R2oai asked MIS M total cost that thds city or
. l on nos the streets the
t aid sc: Ae/ends
$ M24 be has no l� emIener to the question -
Mm]t that the aatCtr'WOMW win depend to i aoacesn
YiilCPht blds received lWAI 41btdsl project.
~ L0010911an Ye 50 ties
O tdea o� ., bsttina teh6e CitlNi
ut-
Ilea Iat salmoo arYlMN
-,_ - - i- lMloSL, sltLSar ^?ila�Me
Oamd1>m= now
None
a; 0 CLty Eegtoor called eta to the fact that sapathis
&$aagae. tdll have to be esgh7dehd to mintaln fiSutrs for this
De'aiK=-
ROOLvr3 554- Au the Execution of an Aglee-
fast b the m and oor d City Clark (k =Zi -Carne Tract 3149).
the property and mid that
The San Jose lkter Yorks
sere the property and sign over
� City maser posted the my, of
it Is an In order except for one suer.
4 as this time �t they City.0 not
the sm*W ruts t
-2be Mayor g,e3-ioned the Citty Attorney w's) said that tin
remedies will proza =ly lie tbrOu9b the Public Uwilities Covission.
r— to that hcwenr, he proposed that the C_ :5 tanager P.U.C. In s
the saohlea wit*_ =e rater utility and sound t C, in the
ssaatis.
MW City w&- = ecailed that the Coup::_ caonai�ied. the
ties a:p, the = �'-' rater ruts, thiniC =r
Ca"Idlities of erendUe the City of super- Crater Department-
the
�e11 then a6 -'eed to reguirs agseemnts with builders I the
to the City
future whereby the __er8round water rle•=- d.ea1tare� adhanehix
of C1mpeitlm. A: _me Present ttsa the City
agres=nt with -un .Sam Jose water Yorks which does not sea asythIM
abase the underS= —d rights.
Mir. Crane, tY :udder, stated that he has the paoblea. A
l.U.C_ dsteraina:_.= be said rill take a lot cf tine and he has a
Subdgulytop underaJ nor. He Said he does not want to be caught ithe
the Middle nor st3e s test case but wants to hate water reedy for
pmgpw edam the Ye ats
Yea are CoaQl. H! said he does not have time
to settae the case 3 such a VW that it will take a TOW-4 fns
the S O.C. He sal' farther that h• is psePared to Qultelala the
wata3 rights and :,e- the City and San Jose hater Uorks fight it
out, hart it he has :a wait for water dur".n8 t�s prose.&, it will
eost-hsf a 'terra * anount of Mmq-
se Moor m• •+that the City Should illy P�'� � o=rith
tae ! O.C., and a. that the CLb llsaf6e
Oo thac the dew---.or does not haw to puffer.
!hex City Attu = m
ey said he ale like a letter f he builder
twat he easmt deed tha d water
pttiag etch servies faoe sn Jose water woaks.
is have been SogSLtod
ear.e•�..� Ml::si caked if taasS high
time.
as' The RLty Magdeor said that the Oafeil has eet8b"ddeid th'aa t
mod an City ss9ineer•s tier is the rat am to
over since. Wt th�� sa
in a&fa an Jose
.fit 0bis ia- slater
oei@810im:
0"Wilon Jewett said that the City Manager should clear the
raw. Mr. the qultmaalm deed, be mid
e+Ce delivered it is In the hands of
t► eaOfef7
�3 bat that it. bat not beau ea is
7n saaisa' to s. ,eat motion is
the fly, tba. Ntyor avid that it is a4�� CLOY Uef1
it sin be iastdaet-d not to sip the necessary documents
i r a► xi ; r
ydift ydeesnoi to the vitsu s and -
41k thi+lakl h.a f`V1AN"&. that Ms: Dba t1 gGfb,M
ben that s36ea *. 1leming is an U010709
+6n: to UP. hT1NdAS is dslivary to the City NO escsow
115 1gswelty akepl0paa•
mot lat�ind to sign ooiar that be MW later rlo*s til�he hhaim" the Waltham.
-hers of the City Council oonaor. in the view that tbs Ban
Joan. ikter Works has to -servs the peoparty witMn its faanehdae
arcs -- it is obligated to provide water.
Voter lMft since tide Policy nos established.
Service bas enacted the agrOe ht 'on s catPls of
W. Crane suggested that the City leave the water rights
share he t1d they belong, with the individual property owner.
Ban Jose Water Works, be said, will quitclaim such water rights back
to-the owner if the homeowner so requests. He added tidhaet� s
opt klmow whether FM will insure property whern
rlgbt are not available to tbs owners. Be said the easy way is to
pat the question to a test case but be is not interested in being the
subject.
Councilman Jewett said that the applicant- seems toad advised that
anticipating the answer to the situation, and he again Council.
the City Manager pursue the matter make a ea� Dofore the the
Mr. Carne suggested that the City get the
reeulatlon to the test.
The Mayor slid thpt the matter is probably being blown up out
of PC rtion and that the Council can probably find out from tbs
P.U.C. in three or four days just how the matter stands.
The City Munger told Mr. -IQbs thinks own the City will
have the answer before he gets the trees
Hr. Crane said he will hold the deed in abeyance until the
matter is solved.
Moved by ommellman Saich that Resolution 5e► be adopted
approving the final nap of Tract Mo. 3149, Somerset, accepting authorizing tbs
Cl
eaertals rand courts, to sip the final map am authorising
the fin! in correction therewith. Seconded by Councilman
Jemett:
gam: Councilmen: Renetti, Jewett, peloai, Saie h, TasaneO
: Cpuneilmaa: Mone
touncilmsn: lion*
5-C
C. saport of City Attornq:
1., the City Attorusy intarducsd Resolution Mo. 555, a rssolu-
ties or. JAtentlan to Initiate an aasndmant to Oadintnpe OOQ by addle!
lassdfication to be known as "Mobile Rome- Tratler Rufc
Oaeid by tbmeilean hhmetti that Resolution 5& be adopted*
spfty aft DOmellsn► :+istab.
,,rul
ATE' Councils": In tti," Jewett, Peloai, Balch, Tayaineo
Coumilmen: None
A89M Coumcllmw: None
"at= CATaw: 5-0
2. Th" City Attorney introduced Resolution 566 endorsing the
proposal for a regional park site along Saratoga Crs6k-
lpved by caaollssn Bsnetti that Resolution 566 be adopted.
Seeocaad by councilman Jewett.
AM Councilmen: Bemettis Jewett, A10811 Salvh, laaaneo
)rs, counallaen NOW i
cowdellmlhs now
-;a VS. -,,on C1t� IlreOauLiam 5T6 bona
02 aerkillmd et� e�.18aolatlaler AaeepUrc6
d the Cam +tl!'QOnt101Lrf.
- loved by councilman Hewn) tant Resolution 567 be adopted.
Seconded by Councilman Jewett.
AMM: councilmen: Benatti, Jewett, Pelosi, Balch, Laraneo
»: Councilmen: )tone
AB P: Councilmen: hone
NOTSQ CARRIED: 5-0
4. The City has received from the Trafficways committee a
Copp of a proposed policy resolution revision being relocation offeredd of
Santa Clara County relative to trei tsiburr�nIt is the request of the
utilities within the expressways Pa red at the nest seating
Traffloways Committee that each city be preps
March 14, to have their representative vote as to that city's
support of this revision.
The City Attorney noted that Cupertino is not an expressways
city.
Moved by Councilman Pelosi that Cupertino approve the resolu-
tion and give the Cupertino delegate the right to vote "yes" at
the next oeeting. Seconded by Councilman Jewett.
ALBS: Councilmen-. Benetti, Jewett, pelosi, Balch, lazac:eo
NAlS: Councilmen: None
ABSMit: Councils=- None
"MOM CARRIED: 5-0
D. Report of Planning Commission:
See Planning Commission minutes of February 26, 1962.
E. Report of City Manager:
1. First reading was given to ordinance the oerenance
adopting the 1961 uniform building conversion,
construction, enlargement, alteration, repair, moving,
demolition, occupancy, equipment, use, height, area and maintenance
of balldings or structures in the City of Cupertino; providing for
the issuance of permits and the collection of fees therefor;
pavvidlrg penalties for the Violatlon thereof; and repealing
ordinances in conflict herewith.
2. The City Manager recommended the adoption of the agree-
between Santa Cara Valley Water conservation District and
the City of Cupertino for raw water service to City of Cupertino
for non - agricultural use.
So mound by Councilman Pelosi. Seconded by counollaan Henettl.
Alig: Councilmen: D oatti, Jewett, Pelosi, Smith. Iaaaneo
Mtn: Councilmen: None
i o malleen: None
QUUM D: 5-0
3, me City ' pavposed that the "H". Control lCCCo�ttee
.set on the warned and tourth'llleedala � the Ltitm'e•
concurred.
4. Moved by Oowncilmen P01051 that the suggested e the led
tribute to the Bed Cmoma be adopted and ofnc3all7 salute the Aed
Caws duriug� itr4*. gssonded bA Coum,nilaan Berattl
�gp - Colnoilfwaa .Bmoattl. Jewett, Peiosl, Saich, lasanso .
Tg; Commilmens None
s (lone
axes :
'=
referred to the � =BSc
f, ms C! that he bag 49okso to t",
�t
at ecomendre
�l yq no storm
f1we s I ts= 1�t' b M 'Bead.
x OOwa
Off the site alto �ay�ot that
'ie City Manager weld -that be indicated to the Selnoo
Nd* 3s a sa
councilman Psiosi aslosd What tble would entail.
'Ale City Manager said that a certain ssoaat of-water will come
off the High School site onto Homestead load and that the City
will have to provide drainage in OAe way or another and-that it
would have to do this anyway.
Moved by councilemn Jewett that the City Manager instructed
to send . letter to the school authorities to theseff ct thatpropsrty-
per acre will be levier: as the storm drainage
Seconded by Councilman Palosi.
YES: councilman: Benetti, Jewett, Palosi, Saich, lasanso
MATS: Councilmen: None
Ali`fSlll': Councilmen: None
MMON CARRIED: 5-0
6. The next league of California Cities me-ti g rhe will be held
at the Rinconada Country Club and will be hosted planning and home O ralG
Campbell, the principal topic being rni on in ni g ?"
and a short subject entitled "What's going
T. The City employees have recommended the California
Council wants
Physician's Service hospitalization policy. Storm sa1d that ha is
a recommendation fan the City Manager,
prepared to recommend C.P.S.
t think that C.P.S.
Cduncilu^_ Selch said "personally I don'
provides very Rood v ,rage for the employees,
that other compa
c;— nies
have better insurance•'
Councilman Jewett stated that since he is engaged
In the
insurance business, he would at discuad� to his seat on the
City council fod parposmo
councilman 5aich sedd- Wert since ttmr City Is 901109 to my a�
the hospitalization 3=001363=0 for the employee tin to feet the best
ante, great au, that it is the Council a'preroga
es available; he d that is re tseees time other better
&�4kn the o
'ms Mayor said that since the qty NN*Vr has recommended the
C:p.S. policy, he is is flavor of concluding the matter with that
sslaetion. He said ho thinks the City should szpedlnzathe program
doe to the hat that some ve employees iis Interim period It old be very
mo something happ•o. am .1p posed that full eommideration be given
t the C.sg.ha slid. ni PsApo
to the C.P.S. policy Sav gooh ae the City . e=ager has recommended
it.
Councilman Dmmsttg said that they -have bees 001081deMmg the
oaestiaa a long tine lad lac s0bed his tallow tnbadlo
go it off a y IGMW dimes 0oaa smOlo7+e might used
10-
Oo: ocilsen Dud f
with the C. P. S. inanr
by Councilman Pelosi.
AM Cou W1100:
IRIS: Councilmen:
ABSON: CounCllasnn:
UMCK ClER=:
Lf Ab ed that the City aadnistration proceed
:mee policy including major medical. Seconded
Bmnetti, Yelosi, Lazaeso
Saich
Jewett
3-1
Councilmen Ssiah Asked dp the City is not interested In setting
a better insurance 9033q.
CoumiLnan Aala d _ that the policies sass to be evenly
lelaneed and the adi i and dloadvantftft and 008" an 00001
alone.
me city U1610 r that the major aedieal Cla=w rill be
teWen off the pp x 1t is not dedo d sro am" wpeosally
at this time. !b 9* of the eitfes hwre C.P.S.
lot VOWDUSND HOSIWfsss
A. Co nt7 Water Osetladan:
me !Igor rgporisd'tWat the underground rater rights. the
so- called pueblo rjgbts a" now a factor in and aro a:4 San Jcw.
=bat City rants Saa Jane Hater Yorks to deed all of these under -
ground rights to the City of San Jose.
Oom:eiiwn Jewett seva ed his seat on the City Council.
B. Irrigation Lines, Tract 3061, Stevens Creek Panic, Inc.
The "r advised that a petition is being circulated by
the property owner and at the present time has all the neceasary
Serefore contiinued tthhe matter toouneext aaggewida. meeting.
C. Miscellaneous:
Z NEW BUSIIQM:
A. Appointment of Precinct Election Officers:
Moved by Councilman Jewett that the following Precinct election
officers he appointed for the April 10 th Genessl Municipal Election:
Doris Adam*, Wary Ana Lima, Pearl Reynolds,
Joanne Milichevieh, Gerd Matteroll, Mrs. Walter
Xr4mm, Lillian Wolfe, and Betty Kelly.
Seconded by Councilman Bsnetti.
ATBS: Councilmen: Bsnstti, J ":ett, Pelosi, Saich, lazaneo
WAYS: Councilmen: NOW
ADSM: EounclUOU: Woos
8. Miscellaneous:
Zl 01"
1. Ward Cramp referred to the first reading of Ordinance 203
we asked if the 1961 Bdlding lode is going to be adopted by the
City Oouncil without pua+llie hearings.
He was advised that a public opinion will be entertained and
he is weloow to subdt Coy suggested amendments in writing to
the City Hall. Mr. Creep said that he will do this.
IM AWODIMENT: Adjouaawat at 11:20 P.M.
A APPMDM*
�(. WOCz a Wi
t'�erF r