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CC 05-23-62MAY 2 8 10 a :ac. au�:oon- eaam�r l�m►a A. 27VA c.z. ovrhiRrino of Tm``Ripolul A Ida or m mr COUNCIL - mT 23, 19W lJL 1 y L BMW P n 11 , CAF attol4v MN my 7. -190 of tba '.sit �M4 7, 192, anmved es w.badrwa bt 4, z ". Ca�s11�11 �1oOi'weoedae Ny 00=011"n pinch, and 11hamaorli carried. XM ,_ihb sobsitted to spoesneatimme for drilling a 36e - 30e - 26e dtasatas m"ry grewsl psek well; northwest cOrngr Of SDeaet"d •osd gad RIShmay 9. Mr. Laid. City ftginstr, stated that the bids US" received and Opelsd fhs afternoon of the seating (May 23)• The bidders are Western Wen and C • ! reap a Yell. Western Well bid about $900.00 lower then Ca• Pop &Well. Moved by Councilmen Saicb that the bid be awarded to western Yell; ssseeded by Councilmen Pinch. The City ltmger suggested that the motion include that the bid bs awarded to the low bidder subject to the appropriation cf the nec- OM"7 funds from thf I I -"I VMS. Ow City Attornoy stated that the first motion is proper and that using tee bid is awarded the contract is conwjussted with the bidder and It L up to the City then to obtain the necessary funds for this contract- IV ngpM Or. 1P ARNM COMUS& 0Y= (See Planning erasion minutes of Wv the hyor asked Conuleadener Snyder, who was in the audiene% to step forward. Me coseended Cosa esioner Snyder on big recent election bed tae Commission to the post of Cheirman. The Mayor suggested that a joint meeting be bold between the Council and Cos•issiOn, and asked setter before subject the Commission st its hazt seating terolm as d for the jointtwaeieg. Cosaissioear Snyder asked the Council to study the costs end feemSbility of the bridge swum Calabasas Creak prior to the adoption of Ordinance 216. v OUL.Aha Wair= CM§.MMC OM3 Tease hi i.;, from the aedlanes, spoke o� the recent Cupertino SSW R bit. Be displayed ftW paintings to the Clty. resolved top awards and were bales pre ftnk Orsad; Wr45 Stevens Creek h11vd.. stated that desco wants to 400411 a tin+ -sorb stall Sm somformance with local oldiranoea. Mif Prweasds will so to aearlty, dsgnsilenn Jewett• anyao a teat tba request be resolved# noted and fluds and it apses an our liven (S). alloted fire -wotm peadts is awil- -sWe Uses he be allowed to iagtsll a *tend; seceded Op Copellsan Pinch, m*#m"d.00.ly carried. ,acres" Of wtsm the 6- Aseosaesi= E.`p;i' Moved by COMCIXmen Ssich= that- th"IL2ettsa�s-be rm2aived'ard filed o jsUdiata4 tu%ed over tG the Water Comd§510n whleh was Meeting In the next roost seoosdmi by Coansilmen Despeter, and nnsniwoemly carried. 2. Samrary of Actions of Santa Clara County Plmming CosmIssion dumAlnes of May.2 and 26o 1962. Letter from Governor Dram regarding Memorial Dal Nrrices. BS4y Area Air PollutUM Control District siamte� eonfiz lr4L ttishramppo;ntmant of A. B. Merrill. few my 16 and F._ Banta C2&= COanty Plarating Commission 46 ! : La Ci�glm;>!igaldW6 iW of cremating paid tmmde and AV6 it a of,,"Worgls, Deg -t. Gr ""Mincer Urban planning nt, a or qa as�ia, �,pinion of NlgMwymr Statement for tax fmmda for lg fiscal year. lb"d by Councilmen 04 fS1"; second bJ Con�sn')Mntch; m ly idea received V1 PUMC BMEM39s A. KUM COLS CRAFT: Application 11 -2-60 to rezone 118.4 acres from A -2s13-4 to M-2-8, R -3-R, C -1 -H and po-R: north side of Stevens Creek _ Recommended by planning Commission Resolution boundary 44. Co City. Boris Stanley, attorney for the applicant, rose to itemize the points of the application. There were no oral nor written protebts to this application. Councilman Saich asked M:. Stanley if he were willing to w-It until the Consultant has time to review this application. Mr. Stanley replied that he would like the Council to zone the property as outlined, with the Idea that in the future if the City wishes to change the zon- ing on this property the applicant will do so. He also stated that he would like to have at least a portion of the property zoned without eommiting the Council on the remainder of the property. Councilmen Saieh said he would rather the Consultant see this property and decide the proper zoning for a portion of property this large. Councilmen Jewett asked Mr. Stanley if his clients could come up with one portion of the property which they would like to have top priority on zoning now and lot the reminder wait until a later date. Counei /men pinch suggested a special meeting be hold for the sole purpose of this application so that part of this property could be zoned now. Councilmen rester agreed with this, and added that this appli- cation be sent to the klanner with priority. Mr. Stanley agreed to the epeolal meeting, which was set at 8 PM, Jmmm 26, 1962, at the Council Chambers. H. PAUL NIId=0 JR. ST AL: Application 25 -2-61 to resone 65 acres from A-M4, R -3 -3 and R -1 :B-2 to C -1 -R; 13.5 acres at the mrtheast corner of Ilarimul 6 Highway 9: 29.5 acres a' the mouth- east corner of Nariani 6 Rlghay 91 11.5 acres at the na*hwest corner of Highway 9 3 Marlanij 10 acres on the most side of High- ' Resolution ' 3299 8s. ;4th of NomestCoea. Da. ed by Plmning omission Paul Harlan", Jr., 10930 M. Highway 9, gave w resusa of ale app - laeation and a list of "aeons why the Council should approve this re- eloaleg. .0 ; : -+ ■a"e �+.ti+ =tic thpea�Rl3aa CoYAaiheen Saiab asked:tba spplicaat if he ads yJWAg to bans the 3lsmar review this application or if he rants a decision this d9bt. ■!. lurlaai stated that this ayplicetion has been peediuR_ssch s long time he feels something should be done as soon as P00510 16- e a udlean Fiaeh thought it best to wait for the Planer to review a Sa.iS Alsmticn rather than, rezone such a large portion of property 2a4the :CAty to commarcU2 zonsng, 'mlm, he felt, would insure having a IPA balm" of rani g in the City. a 1.7 .4- . a time, dmt are 1 a larl less amom}t bf land that i Coisfa .._ >y- flfat the �. could d 'i+ PAW ebd- resenitg'th"W -A Yea$idos fight be toillpostoa that., them . Jkrlaai w in favor of resting with ae in tha sass of the Craft application the Conoci2`at a eDSCiai (VI A) :' y: -I ia:Rpyer stated tut s P , a is forming for having tsppseocirl sset- Isgmam"atch application. IN 1 SS sted using the Craft application epalmi'smeti:g u a guinea pig and see how things wotk out on that flmpDol'e�nthe on . before having spacial meetings on all the applications be- Co:s:oilasn Jewett, even after the Mayor's explanation of Ida maanitg in the usage of the term guinea Pig', stated he wanted to be on record as opposed to using any applicant as a guinea pig. loved by Councilmen Jewett that this applicant meet at a special meeting with the Council; seconded by Councilmen Finch. AlZS: Councilmen: Finch, Jewett, Saich aT3: Councilmen: Deapstsr, Benetti AffillR: Councilmen: Nome NDUC/ CAM=: 3-2 Councilman Dempster proposed that subject meeting be set at 8 P.N. June 26; seconded by Councilman Saich. Anse Councilmen: Dempster. Saich, Benetti ■175: Councilmen: Finch, Jewett Alf: Councilmen: lone sD�CSI CAS: 3-2 Councilman Jewett stated he was opposed to the meeting date, not to having a special meeting. C. PAUL A. NNUM • lR2MMM SCUBA: Application 41-Z -61 to re- zone 1,314 ft. x 337 ft. at the southeast corner of ImIlle and Elghmey 9 from A- 2:B-4, R -3-R and R -1 to C -1 -H. Denied by Plan- ning Com`.ssLm Resolution No. 97. Appeal. Continued. Councilman Dempster moved that this application be moved to the night of June 26; seconded by Councilman Salch. Affil Councilmen: Dempster, !inch, Jewett. Seich, Benetti !m: Councilmen: now Ads Cvnoilmen: lone VDZM CARRIED: 5-0 D. DOMW A. EICRM% Application 45-2-61 to rezone 11.02 acres from A-2tBA to C -1 -R; west side of RighmY 9, 450 ft. south of Abont,ead Road. Denied by Planing Commission Resolutiou lo. 101. Appeal. Continued. Yana sestia, representing the applicant, asked that thin applica- tSon be considered in the sass amrwer as the previous epplicatioos. Owed by Cc%mcIl=n Ssieh that this application be heard at the spos al mn►tlmg of Jooe 261 ssooMad by oounoilsan Dempster. N MAN& • Dmmpatar, i3mtbo: jewtt, saleb, Baotttl # � am ,VEE1&s41__ None • 5- ;. POSO: Application 46 -241 to resone 32.6 acres ad- -the east side ot.HiglMW 9, 420 ft- month of Lucille from to C-14L Denied by plasedug won Resolution lo. Continued. s aeft In Wtot applicant. Hr '!heal 111rto; # SMWestlon bawled in 06182m* .. oesclIman Lion be bold Over to at Jams Sa±g� 1Lan Dempster. 't t, Se1eb, Benstti None BMW 5-0 BSS: Appllcatlen 4742-61 to rezone 13.1 acres Syp iH-a to C -1 -H; west sift or- Higlmay 9, about 150 ft. mouth 'at ,g jeetlon or Lucille. Denied by Planning Commission Resolu- i :,__. 10o. Appeal. Conthed. Nk n. ihcel., representing the applicant, wished to have this sppli- CBttea ALV Bled in the same manner as the previous ones. Bread by Ccunc':man Dempster that this application be held over to albs special meeting of June 26; seconded by councilman Saich. Aa3a Comcilmer: Dempster, pinch, Jewett, Saich, Benetti >rllll: Councilmen: Zone Ads Councilem: Nine CLIOD: VII CAM= An M9 UMONS FOR ADOPTION: A. CVDIMmm 1__: An Ordinance Ordering Stop Signs to be Placed on All Streets =ntering Into the Major Streets Listed Hereon: 3asm1olR-3tra3vs: a Road, Stevens Creek Boulevard, Blaney Avenue, Postal Ave=*. Yclfs load, Homestead Road, Stalling Road, RcClel- Ime Bond. Se;--cel Reading. bead by Cou a::aaa Saich that ordinance 210 be read by title only; Seemed" bO Councilmen :ewett, and unanimously carried. 0edinanee 21C :%ad by title only. bemd by ten Salch that ordinance 210 be enacted; seconded by cbmwellasn pinch. A1Os Comncilaet. 7spater, pinch, Jewett, Saich, Benetti ohm comnollmes: Sone A»-. Comcilsec. None MDlJO CiiZ:D: 5-0 bY portl=y of the Western Plumbpingg Offic7.lsoUniform sam61ng Code, 1961 Edition. Second Reading. (Hearing Published) bead by Councilman Jewett that the public hearing be closed; sec - on" W oomcilown Sai:.h. OoAtslA en Dempster, pinch, Jewett, Salch, Bansttl � r dootollmsn: No ilsan: Eons t 5-0 by CDSOH esa Jewett that Ordinance 211 be read by title only; ..'�anmslhas plumb, ad tNedeoroly carried. 211 reed by title Gnu. °4 "d, by Counc izen zom" trAt oransDce 211 be emeted; seconded �ed�sdmmm Balch. Couociluen. Demeter. Vlaeb, Jewett, Balch, Renetti Coencilman: Now AMININS OR w Veen: lone -MININWOMMM: 5-0 M 212: allotr3W codef MMUM by AefeleACe up n of code. second me written parotsmtf',,r T" :Df Oe:eel7iea� r �� ­Peale ClRi7 be me- mallwas Pinch, i ZI Xr v t C S.Y S A , . b5 Councilman ilneh_ft", idlmmnee 212 be read bl.title 0117; s Co�mcilsen Saleh, -srd Yhodgotm17 Carried. a e 222 read by title aoIY. .. _MMrmsd by Councilman Jewett that Ordinance 212 be enacted; seconded bIrGammellman Saich. h*ft Councilman: Dempster, Pinch, Jewett, Salo, Renetti >Re Counedlw ,: Now ems Ca nelham: lone MDR CARRUD: 5-0 D. OFM Wjt3 213: Dnlform Besting a Comfort Cooling Code; Adopt' Chiform Beatag and Comfort tCC000LU%fCode Western Second Readl�ng Officials ing Yublieed) imsere were no written protests. Ibved by C _z!Icen Balch that the public bearing be closed; see - emdea by Counci.r_: Piach, and ManillOwl7 carried. Mbwe by CaL :i.an Balch that Ordlrmnce 213 be read by title only; smm edmd by CGMci.aan. :.n:eh, and manimously carried. Ordlmnee 2.3 :cad by title only. Moved by cu=e :an Balch that Ordinance 213 be enecuJ; Beconded IY' Cbueilsen Jere::. Affix Cenc11--en: Dempster, Pinch, Jewett, Saic`., AN ttl 30153 Councilmen: lone AMMEPF: Councilmen: Bons MDIMM CARRIED: 5 -0 AL Ordinance 214: Adepting the 1961 Urifo:n Building Code. See - and Readir.3. (Rearing Published) there were no protests. Cbmmcilman Jewett moved that the public hearing be closed; seconded be comellmnn Saich, and u:anlmousl7 carried. emeoilmen Jewett moved that Oldlamnee 214 be read by title os1Y; smrst by Councilman Finch, and vanlWasll carried. Ordinance 21= read by title only. iced by Councilmen Balch that Ordinance 214 be enacted; seceded aw 011Meilesn Jewett. co ncllman: Dempster, Vlach, Jewett, Saich. Renetti coaooil e ' lose Gomolimon: lint ORMS 5-0 .men......., amumb aiesLai a sane. Musa comer somas Ord- Fqtrol � (byp C049MOU H�aoluttiion IM "=Vora i' ' oa2(k). City Attorney were . Conoollman Dinh thst Ordinance 002(k) bs enacted; I ? iJsanoiLan Dempster. . JlMatt, 3uicb. SWIM eat ;Nonei p ,3. ..z 216": alt Title. b aoaM or to R-3- eMls oftM117sr, 7,4 ft. south of Stevens 71 �{ mar, 'Act vubed to have t �ksessmentff� »dad in tMJW for the bridge on Calabassa tiIb mom" that this fee should be lnaleded. CoMallaan Saioh dlsq¢w`d as tits bridge should be a City project. Unved by Councilman Jewett that this reading be continued to the as ssgdler meeting of the Council, and that the City Clerk have the Moammemry information regarding the fees promised by Rosso on his dev- elmpeent which is near this bridge; seconded by Commilman Dempster. fhe mjor suggested that the Council take this application =der eosalderation as an A -24-H, which ordinance has just been passed. Be aahad the City Attorney If the sons classification could be ohangsd. "a City Attorney stated the apflioant must first be notified and asked If be Is agreeable to the change. Comailean Jewett amended his motion with the fgula meeting Of the applicant be asked to be press the Conrail to discuss the application; psconded by Councilman pinch. So Myer repeated the amendment, asking Councilmen Jewett if he enact that the app:ietnt be asked to change �11y�pP s was wyt � ~ f-2i -a. Cmmncllaae Jewett said, es4hausve to stay as worded. he Mount. 8e said his motion and amandas� CnmsiLaa !inch withdrew his second. Councilman Saich seconded Came ?loran Jewett's motion and "W dmsst. Mse Mpor amended the motion as follows: that the applicant De the tha�mLWlY�cation oCome,, f esonins onsthisdapplication to R -24-14 seconded by CoMoCilasn Dempster. date taken on the amendMomt by the Ihyor% Woocilman: Dempster, pinch, Benettl evemilmens Jewett, Belch Comulluen: Rona CUROWt 3-2 Vale taken on Coinollean Jewett': motion as amended: i Jul. Dempster, Pinch, Benettl �tt, Saich M 3-2 thus attRlwiisad� sglnCislaty Act. fat so Bond Ey Councilman Jarett that Reaolutica 599 0, 24opted Pe-" Clark's raadloIS cc awes, deeipatim the city Clark as .ale `re000m ty bidz iLoa yinah. s ins _ Dempster, Finch, Jewett, Salop, :+ewttl s Comeilen: Home A t: . 2=02utLgw JOWLr598!, •Jew ?i!r4 Desolation 5we mi;�f �aolntim 599e:��t °seeoaded 1C aomeilMnsDis�stei, Finch, Jesett, Saioh, H69btl 'Owms2lMns )tone . Oemeilmen: llomm - aANnID: 5.0,- "''' Councilmen Jewett'ramd Resolution 598. Roved by Councilman Finch that Resolution 598 be adopted; seconded -%W- CIsamoilman Dempster. AM: Councilman: Dempster, Finch, Jewett, Balch, Bmettl IN= Councilment Hone Councilman: Hone �2 CAARIBD: 5-0 • :1 V'I' • I' H! "K ,I H111Y I�IY" A. Report of City Treasurer No further report B. Report of City Rogimer 1. Tract 3150, Haywood Terrace, acceptance of easements. Moved ty Councilman Balch that Resolution 600, accepting the ded- leatlon of easements on Tract 3150, Hayrool Terrace, be ado;fad; seconded OW Councilman Dempster. Alm: Councilmen: Dempster, Finch, Jewett, Balch, Benettl WIMS Councilmen: Hone AUl: Councilmen: None NOTWK CARRIED: 5-0 2. Dedication of right of way - Mobile 011 Co. (Oliver Rousseau) Moved by Councilman Balch that Resolution 01, accepting the ded- leation of real property for roadway purposes from Oliver Rousseau Or- Manlaatlon, be adopted; seconded by Councilman Dempster. Uz Councilmen: Dempster, Finch, Jewett, Balch, Banetti Councilmen: Now MCouncilmen: None CARKW: 5-0 3. La Crests #1, Tract 2527 - easements for atom memer dedloation. Moved by Councilman Balch that Resolution 602, accepting Grant Be" California Pacific Title Insurance 00. on Tiaot 2%7, La ltVet #I, for store sewer easement, be adopted; seconded by Councilman plied. Doi Imn: Dempster, Finch, Jewett, Saleh, I*Wtti Comoilam: Abram assaoilmen: Nobs : 5-0 e 116' Bloat 2808, hypiir'Fiem 02 - acceptance of isymawm"mts. r r� T r,_ . l!1��.c��d by 000W1Lm' .Ism O that the of Pepper 'l'�M J2, ftwt. 28Dli, be caae"W, ssbomded b, Ooaoei moot mad *ontmwzu coal". 5. Aceaptsnee of itl+tsaet LWP OP-46U - fA Crests /l, !loot 2927. Moved by Councilman Jewett that the 10-twat 109"VsNsaq'be acap- tfkf old tb ott -tract bbdui for Stop sews be �teef Meoo0d: by ,i•- '-.,.� dsiob, and tr�owlT as�d• - 6. Dedlsat",k of n~R'1 C.. NeVemt W. Andersen emmis Wder the jam P. wort of city �•e 1. Deep Cliff Prgpg*tys line. hid no rat.; ,. why the ae::lor siroccos deve2opMnts do-ifot the business 21emose ordinance. the developer• bas to pat in the water 2. loved by Councilmen Pinch that the M o2 be authorized to sip the project statement for budgeting gas tae[ fund&, allocating the amount of $4,476.00; seconded by CounoiLen 3aich. AMCS: Councilmen: Dempster, Pinch, Jewett, Saich, Benettl IV=: Co:ncilmen: now AlhSMI Councilmen: hJone MWJz= CADMIHD: 5-0 3. Division of HIShmaya: re Mary Aveme and Lucille Avenue appearing in the agreement. Mr. Storm stated that the State x111 not change the agreement. "When RM Avenue becomes a reality, then, a supplemental agreement will be submitted. Moved by Comeoflssn Dampater that authorization be given for the siping of the Agreement] seconded by Councilman Pinch. ASS: Councilmen: Dempster, Finch, Jewett, Saich, Benettl MKISS Councilmen: None ARBOW: Councilmen: None MD2mN CAIN: 5-0 4. Highway 9 right of ray. Dissuasion was hod an the payment to San %jToss water Yorks for relocating water lines at a coat to the City of $25,000.00. Moved by Oodnollmen Dempster that the City Nknager be instructed to look Into this matter and determine how the City can avoid paying this cost of $25,000.00, and re -write the agrnemant to exclude this Stem, With the aid of the City Attorney if necessary] seconded by Councilman Flub. AZ10e f.ouncilmens Desaster, Pinch, Jewett, Salah, Benettl h1 S Councilmen: Nome Mome ! CAlRs = 5.4 ... . 2 ANAL AND MUM COMML APPLICA?ZGES: AAaollaarico t'o rem A•t 10351 Lansdale Aseme, Cupertino: 8t Ce editing single family ass deeme at 20126 Creak hhlxd. far eooktail lowW and.rsstmorant. Approved by 3 Control. Neved by M isallod'= men ISM t Lowest , fbibi d moe�ly carried. w araet� II � of BDOestesd Off PUM to al a . Approved by 1 Control. bash by oewootlman Jwmatt that the recommendation of the H Con - ' �� , be accepted; seconded by Councilman a. , .t�tmt COl CfioH oo.= X25 Met Street sad ocartrust Ong g s t1 o Of am* naaI toolco ;elect . ipyeo ed by H goaliol. f it for thin apoassation. of it,Dde appliottias'Be "Fyn 4; ess- 3n J 17 carried. D. M-M U36 south aloof an !be f to L7Ps aparErabts ilia Awmas,,g Shopping Center and CIO Hall. FMlip Imber, sepaomsmUm6 the applicant, was present, and said Was on3y oosdition to this Application was that the trees bs planted In 35 and 50 gallon buckets. loved by Councilmen Jewett that this application be approved per tM:s Z Control Oomalttee approval, including the condition that the trans be planted In 35 and 50 gallon buckets; seconded by Councilman Sair3, and unanimously carried. A. Canty eater Cossissian ate_ !ales save a report on the County Pater Cession meeting. B. Agreement Between County i City for Payment of Costs of Right of Pay acquisition for State Highway Route 114. Taken care of in City Mlamger's report. A. Agreement for Sheriffs Patrol Services, 1962 -63. caaneilmen Jewett moved that the Mayor and City Clerk be author- 1=4 to moute Loch agreement at a cost of $23,500.00 to the City; sec' coded by 0owoailran Noah. AWS: Councilmen: Dempster, Flneh, Jewett, Salch, Benettl HA3s: Coumollmen: Hone ' ABSOM Councilmen: Hone MD22M CARRIED: 5-0 A Chamber of Coouesee Blaquse: Tors is • being handled JW the City Manager. Me meeting adjwAmAd at 12:10 A.M., May 24, 1962. APPROVED: QRr BeMttl