CC 06-18-6210321 SO, aSTMA-SONNfVALE ROAD
AL 2-4505
CIYY OF CJPHRTIIF0
MIIRRSS OF THS m3 aAR Ngnme OF Tog c1YT COONCIL - JM lb, '62
PLACE: 10321 so. Saretoga-su*Wvale Had
8:00 P.M.
: 3aLU133 !0 to M-0
Oumn ies
Conellssn present: Dempster, Finch, Jewett, 3aich, 1lenetLi
Co:ncilmen Absent: gone
Staff Present; city llnessr, City -At-t VM, C ;ty Clei'Y, sty
;w 3�anser, and R•. Plil i
III .MWNS OF TIIB PRHVIOW a 4: June t and 12, 1+62
Moved by Councilmen Salch that the minter of the meetings o. June
4 and 12 be approved as submitted; seconded by Lbnueilmn ; and
uronjunusly carried.
r PL M LION: (see Planning Commission min-
o f June i
Mr. Snyder, Chairman of the Planning Commission, informed the Coun-
cil that a subcommittee had been formed by the Commission for the par -
poee of revieving Ordinance 002(L) and the Hillside Ordinance subcommittee
would again meet for purposes of review. He also stated tint the Com-
missin requested that the City Council set a date for public hearing of
Ordinance �02(h).
Moved by Councilman Saich that public hearing on Ordinance OW h)
be set for the meets -g of July 2, 19b2; seconded by Councilman Fir.ch;
and unanimously carried.
V ORAL AND WRrrM COPIl31fiICRTIONS
There were no oral communications.
Written:
1. State of Californir., Dept. of Finance: Official population fig-
ure for City of Cupertino set at 5,950.
2. Polish Community Service Center: Letter thanking city for per -
edsaion to solicit on annual fund drive.
3. Santa Clara County Planning Commission: Minutes of June 6, and
agenda for June 20.
4. James T. Pretwell: Letter or protest to 5. Sant& Clara County Boundary Commission Aannexatl on tocCity of
Sunnyvale.
6. City of Santa Clara: Proposed annexation of homestead 39.
r California Legislature: Request of voting procedure•
b Cnnta Clam Valley Water Conservation District: Resolutin 606
annexing land w :.'_•tract.
9. Branch Line ConamtZrn Assoc.: Meetin(; at Foothill College,
June 22, regarding abandonment or :,^'% Vasons line between Alta Mesa and
SIa1a.
10. Santa Clara County Flood Control & Water Conn= "vatin District:
Agenda for June 20 meeting.
ri2"; seconded by CounciJlmantMthat , and cun�auslY carried-
VI ceava: vnd
P(18LIC IMARDUS:
A. VICM CALVO: Application 54 -2 -62 to resone 2 a�a�t
A -2:H -4 to M -1 -H ; adjoining west side of Highway 9,
of Homestead. !—h-commended by Planning commission Resolution 108.
Victor Calvo, 1880 pordham Way, Mt. View, gave a presentation of
_
application, eowumm. He informed the Council a lumber hardware �
thtabould the City w j ha a
Dar sa►'
In eLasiffatin mom aOpaopraate for this type of business, e l
apply. for such zoning.
Com:cilesn Dempster asked the City Attorney hoe the City 0"Id be
ap4n'ed that t!e &pplicant will come back at a later date for such
bee the to change scnings to meet Attorney advised
wiitthh the conrentiOf the
aq pli ms"t.
Cotncdlmen Jewett asked Mr. Anderson if it would be Possible to tie
aa:atteh a condition with the rs- zming- Rr- Anderson atatsd that the
, h1as the poser to re -sooe po�operty atytise una- tb• oaf o! such
i ty bas espended capital oo improvements peculiar to a Partiealar
rand.
Councilman Saich asked the applicant if be is Id"Ifif to proceed
. mmed Immediately. i� to
11cain Plied he is; tr is Just wsit-
Moved b6 Councilman 9aich that the first Tearing be closed; seconded
by Councilman Jewett; and unenlmousiy carried.
Councilman Jewett moved that the City Attorney be Instructed to
dram up an ordinance granting zoning of 11-1 -H on this apPlication of
Actor Calvo, and that at such rise as City has a zoning ore aPPrOpM-
ate to this use, the City will initiate such re- zoning with the consent
at the applicant; seconded by Councilman Saich.
a>:Ss
Councilman: Dempster, Finch, Jewett, Salch, Benetti
Councilmen: None
AaMMm: Councilman: None
MDV= CAF4U31D: 5-0 his
Mr. Cahn asked if the first reading of the that the Council rill
property could be held during the spy •c i
hold on June 25, 1962.
Moved by Councilman Finch that the first reading of this ordinance
be bold at tie Jum 26 meeting; seconded by Councilman Dempster; and
umsn1mously carried.
VII 0RDINARM AND RESOUMONS FOR ADOPTION:
A. ORDrUMCE 216: Rezoning Property of City Title Ins- Co. from
MI-1 to R -24-H; adjoining %eat side cf Eighway 9, 658 h• south of
Homestead. Recommended by Planning Commission Resolution 108.
Councilman Saich moved that the seco:d reading be waived, Ordinance
226 to be read by title only; seconded by Councilman Jewett, and unant-
mottsly carried.
ordinance 216 read by title only.
Mond by Councilman Jewett that Ordinance 216 be enacted; seconded
bW Councilman Finch.
AIMS: Couaeilment Dempster, Finch, Jewett, Sadch, Bsnetti
wen= Coumllment None
avD r Coon cilmeni None
2102M CAARIBD: 5-0
H. OFMO MM 107(a): AmmOd1W Ordinance 107, Changing Water Rates.
Urgency Ordinance.
ardittance 1O7(a) read by City Clerk,
Moved by Councilman Salch that Ordinance 10f(a) be enacted; second-
ed by Councilman Finch.
The City Manager recommended that the new rates become effective as
at 262'r 1, 1962.
Vote taken an Councilmwn Saich's motion:
Pam Coaeilemn: Dempster, Finch, Jewett, Saich, Baer" -ti
Maamdaanocilment No w
pooht now
that thr nO rates be sbslel on the July
Ibeed b7 a«*db Ccunci3rra oatah.
1 D]lllmg; ec:ooded y
ASS: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
JIMS: Councilmen: None
None
q CA 5-0
C. jM=UM 611: Adoptln6 Eadget for MWnditure of 1lrnds Allo-
atad From tee State BiOgW F1md to Cities.
>tisolition Ell was red iF am-city Clef.
{.brOmoeilaan Jstrstttaaet Sasolution 611 be adopted; Bonded
s !Snob, Jewett, Saich, Emmett'
�mOt
CARRIED. 5"0
lin PA=M HIL;S:
A. Resolutions 612 and 613
lbeed by Councilman Saich that Resolution 612 be adopted; seconded
by Comrcilem Finch.
AMS: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
IRIS: Councilmen: None
AESi:f: Councilmen: None
fD$® CARRIED: 5-0
Councilmac 3a1ch moved that Resolution 613 be adopted; seconded by
Councilman Finch.
KMM Counc_iaen: Dempster, Fi.-oh, Jewett, Saich, Benetti
M=S: Councilsn: None
Adis Councilmen: None
;DTM CARRIED: 5-0
IT WORT OF O -MCER4 AND C00 MONSR4:
A. Re p or: _- City Treasurer
lb further report.
B. Report of City Engineer
1. Specifications are mow ready for bids to be submitted on Water
won 03.
2. Dri111062 policy study amid report.
After so discussion Coer;e'l -w Finch vA Pated that this setter
me
be et it form and a later date (rot the lUw1equacies in the rates be
charged
'fee City Rmager recommaded that the developer pay drainage fees
amid mW off -site developasnt rill be reimbursed by the City.
Mr. Griffin. Alpha land Co., spoke from the audience about the
sts= dealn fees an the property lacatedon the :,rues isve Pipe. He the
that the applicant should be reimbursed f
City Rkster Sara Drain Plan calls for a 24" line while the needs of the
dstselopmmimt require only a its line.
Discussion was held on the reimbursement fees for developers and
tam cost of store sewer drain 311008.
mw applicant asloed the Cauncil if they will give the Rudlding In-
spector permission to issue a perult to Alpha yard Co., based or► what
has City flanager and applicant decide later on.
we_ Store explained the most of time Store Drainage Fund is for later
yt • Cl as transmissions, ate.. msst if the
nVedn-
y�1 -spa lines, the City's
> III daalatad. ilk Ida is rilllmg to allot, it . ,
bepector to issue a permit with the intention Croat he and the applicant
meet to work out in agreeable understanding of the matter.
/loved by Caa:cilmen Jewett that the Building Inspector be instruct-
ed to handle this matter on a refund basis and that this matter be work-
ed out with the City Manager and City Engineer, in a reimbursement agree -
want, with the City reimbursing the developer for the difference of coat
between the 12" line and the 24' line, and all the costs of off -tract
1dPm Uwe.
ME City Attorney sugg.sted that the reimbursement; be made by the
psi - boring developments that wt11 be swing the 24" line.
L �,._.�'. Q_o,���`llmsn Dempster aaeadsd- tae MOW O ► to incline that there be no
rq>Ment on in -tract PIPE lines, � o�J on oft -treat lines. sec -
oaft bf Councilmen Pinch.
Miscu6sion me held at I t. length regarding the engineering fees
for off- -tract and in -tract derelapmente.
City Attorney asked Mr. Fleming if the developers Said for all the
do -tact storm drainage would it throw the wortlog papers out of balance,
Land Mr. Fleming said it would.
Councilman Dempster withdrew his amendment to the motion, and Coun-
cilman Pinch withdrew his second to the amendment.
Vote taken on Councilman Jewett's motion:
AYES. councilmen: Dempster, °inch, Jewett, Saich, Benettl
NAYS: Councilmen: None
ABSENT- Councilmen: None
NOTMW CARRIED: 5 -0
Mr. Fleming's Report:
i. la Cresta Unit #2.
Councilman Jewett moved that Resolution 619, .approving the final
map of Tract 2769, etc., be adopted; seconded by Councilman Pinch.
AYES: Councils =:
Dempster,
NAYS: Councilmen:
None
ABSENT: Councilmen,
None
Notion Carried:
5 -0
Finch, Jewett, Salch, Benetti
2. Kenneth V. 1• Deloyce Belle Good - grant of easement for storm
drainage.
Moved by Councilman Salch that Resolution 615, accepting above
grant of easement, be adopted; seconded by Councilman Dempster.
AYES: Councilmen: Dempster, Pinch, Jewett, Salch, Benetti
NAYS: Councilmen: Non_
ABS>C M Councilmen: None
MM(N1 CARRIM: 5-0
3. Dedication of property for road -way purposes on Maggio property.
pr pe ty for roadway purposes, Resolution 616,
adopted; seconded by Councilman of real property
Demilater-
Affi: Councilmen: Dempster, Pinch, Jewett, Saich, Benetti
MIR-: Coumellmen: None
ABS02: Councilmen: None
M022M C ARRI>ID: 5 -0
4- Peter E. Keck, L.C. Svith Company - letter requesting acceptance
of Tract-i 286o and 2880.
bead by Councilman Finch Ust the above letter be received and
riled; seconded by Councilman 3alch; and unanimously carried.
Mr. Keck explained that acceptance of the iaprOvements on these two
traets+ gas being requested.
A-
Moved by Councilmen Jewett that improvements on Tracts 2860 and
2880 be accepted and the bad from L. C. Smith k Co., for incidentals
as stated therein, be accepted; seceded by GaMilMn 5mlch.
AM: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
NhT.4: Councilmen: None
MDTXCN CARRIID. jOunodluen: None
D. Report of City Manager
1, Mr. Storms stated tbmt the city's responsibility for its employ-
e, deleg the course of their Saft -was being reviewed by toy State Lag -
isLtore for possible ohsmee.
�. Chester D'Ahtee, Sr., y tree ester as ubs lad. ab
was. as Dust of the OPM —LA" apwtMnt at the time of . yorshsatng the elates
Arp�rfasat; however, this condition does n* apply to any rm*al waits
am the pa'oParty. Tb City Attomoay would 1919 to -"-3 this matter and
mdos a written report to the Council at a later date.
L feting business Alt** away 00-: hem��ng the boot - legging company Last
Moved by Councilman Pinch that a minute order be made instructing
the City Manager to tab action preventing this company from working
in the City; seconded by Councilman Salch; and unanimously carried.
4. R1gbmay costs for utilities: Mr. Csmpen's report will be forth-
coming.
5. Letter from George Brenner requesting permission to use s resi-
dence for temporary business purposes.
Moved by Councilman pinch that Mr. Brorner's request be granted,
subject to recommendation of City Manager that a report come from the
Building Department as to the safety and condition of the bwl:ding in
question; seconded by Councilman Dempster; and unanimously ear&d.
6. The Inter -City Council meeting will be July 5, 1962- at the
Nita -Rap.
C. Report of City Attorney
1. law suit against the City regarding the road conditions "Me%
are acolaimed the cause of an auto accident.
Moved by Councilmn :inch that the matter be turned over to the
City's insurance agent; seconded by Councilman Saich; and unenlmously
carried.
Mr. Stone asked that the Council make a minute order to advertise
the specifications for bids on the Mater Well /3.
Moved by Councilman Pinch that a minute order be made authorizing
the advertisement of the specifications for Water Well /3 for b1dd1sF;
seceded by Councilman Jewett; and unanimously carried.
I DNFINISM BOSIN W:
A. County Water Commission
Mayor Benetti reported on same.
B. Agreement Between Canty a City for Payment of Costs of Right
of Way Acquisition for State Highway Route 114.
See City Manager's report.
C. Miscellaneous
Max Bondoni. Johnson a Mapes Co., ranted to ;mow how the Council
feels about the application for a rest -home, and the applicant for the
to donate a completely landscaped park to the City to compensate
fact that the rest -home is a tax -free venture and would cause's loss to
the City of approximately $2,600.00 per year in taxes.
It was the e%aaenws of opinion that the applicant should Coss up
with a better idea to compensate fbr the loss of tax revenue before the
Comm, would be interested in such an application.
1I M BMIM:
A. Miscellaneous
Rovsd by Camciloan pineh that Mr. Storm be allowed as days oft.
Jane 21 and Jane 22; seaondnd by Councilman Jt-- Jtt; and uosnisously aar-
A".
qxmjlaan Fisch stated that he would Life to WWMW have OR Vag&&Lbeen
Yuaflud Lo its orlsleia state as the sow
oiir a Year slne+r its Srs UM.
lltsaeaaLd, r:Coselasioher, stated that 9aa Cbucl:,
ej a ilbject prop rLV � just subadtted an,ayi►lieatioa for re -sooe.
Coulud2mn Mob vithdrsn his notion.
M 7 MMMEMP
Resting adjourned ai 30:55 P.M. to 8:oo P.M. Jame 26, 2962.
ATEW:
Lgwrmwe IL. Martin, City
/s/ John J. Benetti
yor