CC 07-06-62i 10= SD. SARATOGA- SGIMAIS ffir AL 2 -4505
CITY OF COPIRTINO
MINUTES OF ADJOGRREO RMUTAR ram OF THE CITY couNC1L - JOEY 6. 1962
Pfd 10321 So. Saratoga- Soonysale Road
TIM 8:oo P.R
I SIMME TO THE PUG
7I g -19". CALL
t- -t-,e asogolloen Present: TtaM010" jauwtt, Stiehl Benettl
:!• Slerrsc -2Mn Absent: DAINNOW -`
Starr Present: city Prea6rr, City Attorney. City Clerk
+ 41 PUti OOQrIlICP: _-
200 City Attorney reported tLmt tbs dates or July 6. 1962 and
5 % 7, 1964 sboold.>01 irmaneMI at the bottom of 111 4 In
� iasph 9. The date-,or ~'2%, 196e should be Inserted in
m in ppaagra�ph 16 p� 77 (eft+�ectiva'dstor agreaYlnt).
'ben exhibit in the State OIWS et provides the sass covenants
as the exhibit in the preeioosly approved agreement between Wilsey,
Ism 3 Blair and the City_
'be numerical breakdown Is as follows:
$20,731 - laid from State out of Pederal
flails to contractor
6,769 - Paid by City to State
2,500 - Value of City services
Total $30,000
The agreement does not set a maximum limit for the City but ob-
llaates City to pay the total cost of the ,fob less the amount of
Hbderal grant actually paid over.
The City Attorney pointed Out that the contract between the State
and the City does not provide that payments made thereunder are
also in satisfaction of the obligation of the City-,V the contract
of October 2), 1961 involvirxg the payments of $10,000 to Wilsey.
Roan b Blair. Re, therefore. advised the City to recognise the
possible obligation in excess of $6,769 In cash plus 12.500 In
costs. Be further advised that the agreement should be held in
City hands until the City Manager has obtained satisfactory leases
tram Wilsey, Bat a Blair *1 any possible dual obligations between
the two separate contracts- The City needs Wilsey, Has t Blair
contract to limit the cost to $30.000, but it must be understood
that any payments under tbs State -City contract should be credited
against our obligation to Wilsey, Bas a Blair.
With those points in mind, the City Attorney said that :wx thinks
'execution of' the contract is in order."
Councilman Pinch asked the City Attorrev about paragraph 7 on Page
3 which reads, "The State my, irrespective of whether or not it
egpges contractors to perroe any of its obligations under this
istrusent, insofar as it any dame It practicable under the condl-
ti,mns whereby the same may be permitted by the Government, include
In the cost o.Yiclal time devoted directly to the project by any
of its employees.'
'fbe City Attorney answered that the clause appears to refer to
�potential application eic-
mightrequirepublic doca is to be printed Tina certain
wq and /or by firms in a certain category. The State conceivably
would be at larW to comply with such code section. If so, this
clause provides that the City stand the cost or any such require-
none. Councilman Balch said, lent it Wilsey. Ram a Blair go
-1-
v -
out of business -- will the etat. see Chet the plan is finished by
another o..,M.NY, Or whatV
The City Attorney said that the State has the duty to perform the
contract, i.e., to see the Neater or General Plan through to com-
pletion.
Councilman Saich asloed about the charges -- -Does the $20,000-10,000
split provided in the Mislay, Ham & Blair contract correspond to
the present contract between State and City? How much does the
State get out of Wo be said.
The City Attorney aaasareI that the agreement is open -ended to a
certain e=Ltat,,bpt tba4usouat of money that the City is bound
for is exaewsted of aasd up, Wilsey, Bas & Blair should be told to
freeze.
Councilman Saleb Said, �SupDmae the plan is only ball done and the
$30,000 is all now ?'
Councilman Jewett said ant the contract sZecifically stipulates a
riniabsd plan for =3o,aoo and also contains progress payments
therein.
The City Attorney mid that the State refuses to bear costs above
and beyond the contact. In such a hypothetical case the same
percentages might prevail newly 2/3 - -1/3. However, the City
does have a contract for bO,000-
Councilman Saich asked about the $20,000. "Has the Federal Covern-
ment actually sent this $20,000 to the State Department of Finance ?"
The City Manager answered that the State will audit the bills sub -
witted by Wilsey, Ham & Blair and will pay them from Federal funds
upon verification.
Councilman Saich said that aer_ ,itural programs have been the
source of difficulty. He asked, . %t happens if the work starts
and bills are incurred and the next Congress fails to appropriate
the money for such program. Where does that leave the City ?,
The concensus appeared tc be that the City is protected by written
contract.
Moved by Councilman Jewett that the City adopt Resolution 624, a
resolution authorizing execution of a contract between the State
of California and the City of Cupertino pursuant to chapter 1641.
Statutes of 1959.
Seconded by Finch and carried 4 to 0.
Moved by Councilman Jewett that the City 1n:om Wilsey, Ham & Blair
that the planning assistance agreement between the State and the
City Is being enacted. Seconded by Finch and carried 4 to 0.
Moved by Councilman Saich that Wilsey, Ham & Blair be notified that
the City payments made pursuant to the contract between the City
and the State will also satisfy the City obligations listed in the
contract between the City and Wilsey, Ham & Blair, with Wilsey,
fun & Blair to acknowledge said fact. Seconded by Jewett. Carried
a to 0.
IV u7OD33MMCE 218: Renewing Ordinance 163A, Prohibiting Certain land
Oses for Single Family ltsi4antial Construction Which May Be in
Csnfl.iet With the Pending 2aaing Ordinance and Declaring the Ur-
gency Thereof: Moved by Comcilman Salch that Ordinance 218 be
enacted. Seconded by Pine-11 and carried 4 to C.
V > OVMON 623: Adopting gadget Proposal for Expenditure or Addi-
tional Funds Allocated Under Section 2107.5 of the Streets and
ad�optaeda Code: Moved Seal �lcan Jewett to Othat Resolution 623 be
VI AXCK TSCNAAL & S1T8 00!llrlti &PnTCAT:OM:
C Wortino crossroads center, applieatio„ 46 -A & 5 -62 23,000 sa- ft-
eaamarcial building, SW corner of MOODY 9 ! Stevens Creek Blvd.
Approved, bs R- control. Conditions.
The drawings of the shopping center were Posted on the board and
the minutes of the H- Control Committee reviewed.
No protests were submitted.
Maved by Councilman Jewett that application of Cross
-
V
Committee.
88e000ded by ch and carried 4 to 0.
fxh � the bank de sit jdtbd=mal naeessary
no transfer the ,QOO mecoent from the Hank of Ansi'iea oa SLavens Blvd near near daeoa t the now 11 beslp�snsdonon � T. city of
The Mayor stated that be has received telephone calls floe
the
]OCal residaats aektnS.thst the Clty of Cupertino appaopriate
�. ,.aa4efsaar) mossy, in cem�mction math the City of gmypvale and
thrn County. to install a trafric signal at the intersection of
Stalling and Homestead.
Councilman Saich Bald that he feels that money should be budgeted
for such a signal.
It was agreed to consider the matter further. onnel
Y�
The
sessiaonr 911 a10:00 P.12— - witthhthe annnnouncement thatpthee
meeting would reconvene after the Personnel session.
The meeting reconvened at 9:15 P.m. Motion made by Councilman
Jewett, seconded by Councilman Pinch that Salary Resolution No.
625 be adopted.
AYES: Councilmen: Finch, Jewett, Saich, Benetti
MATES: Councilmen: None
ABSM: Councilman: Dempster
NOTION CARRm 4 -0 - 1 Absent
Councilman Jewett moved that City Manager's salary be
:ncraased $1.000 per year. from $12,000 to $13.000, seconded by
Oommcilmsn ?inch.
ATM: Councilmen: Finch, Jewett, Salch, Benetti
MATS: Councilmen: None
ABMW: Councilmen: Dempster
NOTIo u cARRM 4 -0 - 1 Absent
Meeting adjourned at 9.25 p.m. until July 12, 1962 at 8 :00 p.m.
for Budget Session.
ATTEST:
Lr.wrance K. Martin. City eFk
777 1p,
-3-
/-f John J Benetti