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CC 07-16-62103n So. 3AR&joGA- SUNNrVAI8 MAD AL 2 -4;05 CITY 011 CVPERTIN0 MUMM Dy TBB p3GMAR MMMM OF THE CITY COUNCIL - JULY 16, 1962 PIIlSr- 10321 So. Saratoga- Suntgeal Road Tut - 8200 P.N. I 3A8: TO Ti HAG II .� presantt ���•yl2seh, Jewett, Hsmstti Absents' a1 - plrsentsSts,6ar, City ALtoa7►fy C1t7 Clerk, City PIQSVIX8 0 July 2, 6, A 12, 1952 to by Cooncilman Jewett tlat theta minutes of the meetings Council-* i as :vU 2, 6• and 12,, 1962, be •Dpi man Hneb; and unanimously carried. IV HR°OAT Op TZ PLNUM COIIQSSION: (See Planning Commission mirwtes of July 9, 1962) Comwissioner Frolich stepped forward ta state that the minutes of the planning Commission meeting cover the items sufficiently. Ha added that the PC -H ordinance is to be drawn up with Town es inserted; Severin on application rw longer is applicable; Cupertino V giien; and that a change was requested in the membership meLY.e -up of the H Control Consittee, this change being that all members of A Control be Planring Commissioners, and that secretarial help 988 8190 requested at H Control meetings. The Mayor read a minute order o` theklae ingHCControl membership. memo from the City Clerk, regarding Councilmen Jewett was in favor of the membership charge and recom- mended same. Ccur..ilman Finch agreed with Councilman Jewett, as did Councilman Dempster. Moved by Ccuwilman Jewett that the H Control Committe be made up of five members of the Planning Commission, tLe three present Planning Commission members to be re- appointed, and two additional Commissioners to be appointed, with the City Manager, Building Inspector and City Engineer acting as e:- officio members, and the meetings to remain on the second and fourth Tuesdays of the month; seconded by Councilman Finch; and unanimously carried. V ORAL AND WRITM CONMONICATIONS A. Oral I. Mr. Robert Cross, 401 Craig Avenue, Campbell, representing One -Hour Martinizin6, submitted a protest on the no -left turn sign at Stevens Creek and East ketates Drive. He stated this sign was hamper- ing his business, and suggested that a left turn lane be installed un- til lights are put in and are operating. Camcilman Finch agreed with Mr. Cross that these signs are pre - matura. The Mayor asked if there were any protests to having the signs re- moved. There were none. Moved by Councilman Dempster tha' these signs at Stevens Creek Blvd. and Halt Estates Drive be removed and the barrier be removed and no changes to be made until the signalization of Wolfe Road takes place; seconded by Councilman Jewett; and unanimously carried. 2. Mrs. Reynolds, 10698 Iallar Drive, stated that she believes there is a need in Cupertino for additional police protection, espec en ially be- twe the hours of midnight and morning; there is no si 1 in Idlewild tract; there is a weed problem in back of her ,r:.perty �grart Creek;: -I- she asked about the up -keep of parking stripe. She also asked if the City could adopt an ordinance prohibiting door to door salesmn. e She was advised of the city ordinance prohibiting same without a permit and she should call into City Hall the next time a salesman comes to her door. She was also advised on the other points that she raised. 'rigs Mayor susgested attending to item VI (Award of Bids) at this time, and take up the written communications immediately thereafter. VI A3MW Op SIDS - Type Pump - Water Well In staing New DDO" Wall Submersible T 'IDt City 8QgIos&r gave a short summary of the bids submitted and rieo V" tern tbat itern Pump bid be accepted. ,.1 � a•oat' �1 Pump, the .=66& y � of accepted; Seconded D7C �ilmr Jewett. 19,795 Alit Councilmen: Dempster, pinch, Jewett, Benetti Councilmen: )lone Councilmen: Saich s SCARRIED: 4-0 V tfflrM CaaoluCATIONs 1. County Planning Commission meeting of July 5; minutes of June 20. 2. A.B.A.G.: bulletin of meeting of July 5- Citq . Santa Clara: Proposed annexation. 3: 44 cants f Clara County Water Commission roster. 6. Santa opy of s � County Water Freeway Agreementifrom t�heuState June 20. 7. C. 0. Baer: Letter regarding traffic projection.- 8. Meeting of League of California Cities at Sakura Gardens July 26. 9. Chamber of Commerce: Letter regardinE Secretary- Manager needed irp the Chamber and request for allocation of funds taerefore, and budget. The Mayor stated that a resident of Kerwin Lane requested a speed study be made of this street. The City Manager informed him that he would take care of this. Moved by Councilman Pinch that the communications be received and filed; seconded tj Councilman Dempster; and unanimously carried. VII ORDINANCES AND IWOLUTIONS FOR ADOPTION: A. ORDINANCE 47A: Amendini, Ordinance No. 47, Being The Subdivision Ordinance of The City, By The Addition of Section 27, Establishing Hillside Subdivisions. Recommended by Planning Commission Resolu- tion 107. 3irst Reading. The City Attorney asked to briefly summarize the intent of this ordinance, which he did. The City Clerk read the Statement of Policy which the Planning Commission, in its recommendation of adoption, included in the: Resolu- tion to be added to the Ordinance. There were no comments from anyone in the audience. This constituted a first reading. B. 055�) 2 oomA property LasC p tion- Z-62;30 acres from 2B4toRH;etDias ofStell- ing Road ad }caning the south side of the future Junipero Serra Freeway. First Reading. Councilman be7;ined by asked if could be _ience. Y _ the applicantCduring •presentationlof application, and ethis statement bY frrooti the applicant would therefore,eMr. prolich of 12 asked, for records' sake, that 1 be thoughtpittnecessary t holdHthe also applicant,t when 12 units rather than Mayor -2- L. . I to ordinance stipulation, that he wasn't sure if this point influenced the decision of the Commissioners. The City Attorney brought up tte idea of requiring applicant to put his offers on the face of the application rather than wait until they are cede as remarks in presentation of the application. Mr. Frolich agreed that this might be a good idea. Councilman Jewett disagreed, stating he felt the applicant should not be held to comments made at a hearing as long as he does not go above the limits of the ordinance. Mr. Frolich felt that the applicant should be held to dyers made at the time of application even is these olferm are wt an ordine requirement. C0 11®aA JaMStt s61d the anc applicant should not be forced to put small items in his application if be is asking for :Uning as toning only should be considered. The City Attorney, when asked by the Mmycr, stated that the Council minutes should show Mr. Frollch's comments and that Planning Coast minutes had been changed, which would not Change the effect of the ord- immnce. The City Clerk read Ordinance 219, which constituted a first reading. There were no comments from the audience on this Ordinance. VIII PAYING InI-I : A. Resolutions 627 and 628 Moved by Councilman Finch that Resolution 627 be adopted; seconded by Councilman Dempster. AYES: Councilmen: Dempster, Finch, Jewett, Benetti NAYS: Councilmen: None ABSENT: Councilmen: Saich MOTION CARRIED: 4 -0 Moved by Councilman Finch that Warrant #2939, for a postage meter, to review be gte Resolution 6e Council llp budget some isadopted;seconded by ouncmanJewe t. and unani- mously carried. Moved by Councilman Pinch that ndenlbyi�ounoilmangDesPstera correct- ed (deletion of Warrant #F2939): AYESt Councilmen: Duster, Finch, Jewett, Benettl NAYS: Councilmen: None ABSENT: Councilmen: 4ai0ch MOTION CARRIED: IX REPORT OF OFFICERS AND COMMISSIONERS: A. Report of City Treasurer No further report B. Report of City Engineer Resolutions 629, 630, 631, 632, and 633 Resolutions 629, 630 and 631: Alpha Lend Co. develo;ment. Councilman Dempster moved that Resolution 629, approving final plans Terry the improvement Way, be adopted fwi two and h the condition that the RCity�Engineer usignd such plans after release and signature by the Sanitary District, per his r%quest; seconded by Councilman Finch. AYES: Councilmen: Dempster, Finch, Jewett, Denettl NAYS: Councilmen: None ABSENT: Councilmen: Saich MOTION CARRIED: 4-o accting Moved by Councilman Finch that Resolution 630, aaccMed by ouncilOn of real property for roadway purposes, Dempster. -3- AIRS: councilmen: Dempster, Pinch, Jewett, Benetti WAYS: C+::ncilsa+: None ABSID11': Councilmen: Saich "MON CARRIED: 4-0 Moved by Councilmen Pinch that Resolution 631, authorizing the ex- -acution of an agreement by the Mayor and the City Clerk, be adopted; seconded by Councilmen Dempster. AM: Com.cl2men: Dempster, Pinch, Jewett, Benetti 1D . Councilmen: NOW COungilzen: 3aich i 4-0 MpwQ bjr'Co:nallean pinch that Resolution 632, adopting City of Cupertins Stanakrd Water Details, be adopted; seconded by Couneilmen Jewett AUSS w CiWmllmn: Dempster, Finch, Jewett, Benetti NAYS: Councilmen: None ABSSM Councilmen: Saich MD'1'IOM CAA911EDn 4-0 Moved by Councilman Dempster that Resolution 633, adopting City of Cupertino Storm Drainage Fee Policy, be adopted; seconded by Councilman Jewett. AYES: Councilmen: Dempster, Finch, Jewett, Benetti NAYS: Councilmen: None ABSM: Councilmen: Salch MO'1'i0N CARRIED: 4 -0 The City Clerk mentioned the dedication of the property on the northwest - corner of Blaney and Stevens Creek Blvd. was brought in late In the afternoon so it could not be put on the agenda and the City En- gineer did not have an opportunity to check on the property description. Councilman Finch suggested that this could come up on the next agenda. Councilmen Jewett agreed that this should go through the proper channels. It, therefore, will be placed on the agenda for August 6, 1962. C. Report of City Attorney The City Attorney read a letter he received from Cal Whisnant's com- plete D7,Julytl5. the-. Mr. Anderson suggested that rubbish no actiongbewill taken at this time. Camcilman Dempster moved that the letter from Mr. Whisnant's attorne7, Rolph Bondalle, be received ant filed; seconded by Councilman Pinch; and unanimously carried. D. Report of City Manager 1. Request that Stevens Creek Blvd, San Carlos, Mt. Eden Road, and Pierce Road be dedicated 56 a Federal Route to be named Route 1,000. Mowed by Councilman Finch that Resolution 634, dedicating Stevens Creek Blvd. as Route 1,000, be adopted; seconded by Councilman Jewett. Discussion followed on the meaning of Resolution 634. The City Manager read Resolution 634. Commilman Dempster suggested referring this Resolution to the City Attorney for clarification of the meaning of Resolution 634 and the extent of involvement of Cupertino regarding the finance thereof. Comcilman Pinch withdrew his motion and moved that the City Attor- ney review and report to the Council at its next regular meeting on the intent of Resolution 634; seconded by Cound1man Dempster; and unanimous- ly carried. 2. latter from ward W. laspmm was read by the Mayor, which letter is a of the City Managor's report. This letter was in reference to the a met with the County or 8mmq Clara for reimbursement of utili- ty mass�t rs- location. 7/e Myor stated he was not in agreement with paying for the move - ment of utilities. anumeilman Decpster felt this matter should be cleared up before the Qarmaoil takes action. Councilman Jewett concurred. WNW n1yox instructed the Cite Manager to advise the Countytilare- cupasta sp is not in agreement with signing subject agreement un ceipt.er an answer to the question df why San Jose hater Yorks is de- ser U& of reimbursement when other utilities are not. ti.wcessaxy City of San Josh agn"d to Provide 1/2 the cost of guaards fbr School crossing at Sissy Avenue. Councilman funds Jewett IF ' N e�roasiinB;�Seco ded by to AYE S "pftcilman. Dempstor, PIneb, Jewett, Benetti j6MMIlmen: Bone 7omfcilmeu: Saich iebm'dM»: 0-0 ;. Za reference Storm stated that�lettersshad beep sent out clean outon this their pmpperty Mr. t subject- 5- Yilsey, Ham 3 Blair: regardM preparation of the General Plan. Mr. Storm stated that eniY extra work will be paid by the City, as the cost of preparing the General Plan will be paid by the State. Bbraed by Coun•cilran Finch that the city Clerk forward the documents previaemly authorized to the State Department of Finance; seconded by COUneiimsa Dempster. pygq: Councilmen, Dempster, a�Y"�ca, Jewett, Benetti NAYS-_ Councilmen: None APSBpj�_ Councilmen: Saich MOTICK C&BEIgD: 4 -0 6- Annexation of property on t.,e east side of Bubb Road, next to the Creep developnent. SIe feeling of for reizcai�tand ahbuildingapermit, after to go Lbrc+r2Ji annex- ation a2 subject property. T. Mr. Backman has asked that the City pay for the new property descrigtion as the original one is in error. It does not show the City receiving 10 ft. as was intended. The City will draw up this description. Moved by Councilman Jewett tYat the City Engineer be in3truct6d to proceed with this matter; seconded by councilman Dempster; and unani- mously carried. 8. Summary of bidders on Stara sewer system on McClellan Road. The low bidder is Spartan Construction Corporation. have more 91. Bights he way on Foothill emeent from Cookrand Yilson should infoastlon at the next meeting. be feagleoming at that time also. 10. AnVot 2 is the the lass Bap at 8:00 P M.dAtCupertino is the hosteCityuncll westing at Bismed by Councilman Jewett that Mr. Storm's correspondence be re- ceived and filed; seconded by Coandlasn Dempster; and unan}.mously carried X i10Er)BC19AAl, a SITS COM SM ArKICATIONS: B. 1dC= AND L1PSCHUTZ. T. O. Box 3295, San Jose, California, mayametrng N- Control approval for 123 units located south of Yee- JgM Creeks S(Pontainbnlem)(ApplicationA 7 -A k 40 tApproved 1W =,Control. Conditions. 11ammahata, 71517 gmrmt 1l vd -, Los Angeles, gave a presentation z� on tsm yioposed development. M nsd by Councilman copditiooad as set forth Jewett. Councilman Dempster MUMS fb Candled through as Dempster that Site Control appvMl by g Control Committee; seconded by be accepted, Councilman ch champs". Councilman t� lman Jewettseconded the motion s �. Lipschutz stated that the wall along Moire Hood will be church =the entrances will be land- soaped, and the ,)Mail o3m6 `lot will be lavA cup" . bcity Manager that the type of mstsrial'umed in the -Mly g the dae bemmade a part of thr *W90 1- $fawn Weisel, ao -ovosr at the development, Stated that they iod^moldered using masonry in the wall, but were also thinking of US- 1M =eaeod fencing. Probably both will be used. ,He did not to be 1110- its& ** the use of Just masonry. He stated that the man viii be decor - atise, no matter what was used. struetion plans be submitted Include Control priortoinstallation; second - ed by Councilman Dempster; acd unanimously carried. Tote taken on Councilman Dempter's motion: unanimously carried. H. VICTOR CALVO, (BICMUL RHOS.), 1880 Fordham Way, Mt. View, Cal- ifornia, requesting H- Control approval for retail lumber and build- IM r materials store on the rest side of Highway 9, 658 Nomeatead Road. (Application 49 -A k S-62) Approved by H- Control. Conditions. Mr. Calvo presented new plans which were necessitated by the fact calls that the building will he in FireMstrict xhlch which Cal o had stucco type wall and aggregate roofing rials, the original plans submitted. (_ au:cilman Dempster asked if the apolicant is willing to check on the tyre of material that might be used in substitution and use the or- iginal plane. Mr. Calvo stated he had checked with the Building Inspect- or bat wra not given much encouragement. Councilman Jewett moved tbat the H Control recommendation be gpp- roved pith conditions ar, set forth by H Control; seconded by Councilman Fineb. AM- Councilmen: Dempster, Finch, Jewett NA75: Councilmen: Benettl ABSIXr.. Councilmen: Saich MD?MM CARRIED: 3 -1 C. JOHN XEMy' Room 2607 Huss Bldg., San Francisco, California, re. questing H- Control approval for the Post Office Building located on the south side of Stevens Crack Blvd • east of existing Cupertino Union Church. (Application 48-A a S-62) Approved by H- Control. Conditions. Stanley Bower, 155 Mortgpmer! St San San Francisco, gave a presenta- tion of the proposed Post Offue building. Councilman Pinch objected to the west side Chas a building being blank and wanted some type of landscaping along as w�astedebysCouncllman Finch to maketroom forip antback three (3) ft. InO. abwed by Councilman Jewett that H Control approval with conditions of lamdseaping as set forth bm H Control be acaeptem, of 1thatothe build ,11& M moved back from the asst pavpe 7 for V"�iugs, seconded by Coumm llmn Dempster. Dempster. JO"tt, Benstti F11gh .0 W IqW Affiaii Gamcilmen: 3aiah NAM CARRIED: 3 -1 a UNPINISHED BUSIR833: A. County Water Commission. MIS Mayor Ste ted that a bond more Inrorrati issue u ol on when the plans for the bond are more solidified, have 8. Of 1hy ACQIQI ! teiHighway Route 114. Payment Costs of Right for 114, yes City Nsasga"s rip0 =t• C. Miscellarbcus None 7QI mw Ham: A. Miscellaneous The budget meeting was set for July 23, 1962, at 8:00 P.M. XM ADJWRNNENT Meeting adjourned at 11:40 Y.M. to July 23, 1962, at 8:00 P.M. AT7M: / r I- wrence K. Martin, City Clark APPROVED: s John Benetti yor -7-