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C I T Y OF C U P E R T I N O
open no, calliornie
1QWM OF THE RS,OLS(. MEETING OF THE CITY COUNCIL - SEPTEMWR 4,
1962
PLACti: 10321 So. Saratoga - Sunnyvale Road
1'216 : 8:00 P.M.
I SALVN To TEE FLAG
II WQ CALL:
Councilmen Present: Dempster, Saich, Benetti
Counc!lrren Absent : Finch, Present: City Znginee Jewet�
ll ' City Manager's Secretary
Sta
III WW= OF TPS PRMWS MbZTM: August 20, 1962
Moved by Councilmen Saich, seconded d fig Councilman D°mpeterrthat
minotes of August 20th, 1962 approved
IV lUhWT OF TM PLANNING COMKESSION: (See Planning Commission
minutes of August 27, 1962)
Chairmen Charles K. Snyder of the Planning Commission made
a request from the audience that the City Council re- activate
Ordinance No. 002 (H) which covers M1 -H zoning and set a date
as soon as possible for Public Hearings.
Councilman Saich asked Chairmen Snyder If the Ordinance was
needed immediately. The answer was no, but that they felt it
was a good ordinance, one that had been given a lot of time
and effort, and that the time involved in adopting an ordinance
was such, ttt by the time it was adopted the need may be
urgent.
It was explalned by Mayor Benetti that this Ordinance was
one of many that had been tabled by the Council for the
Planner whc :ad contracted with the City to do our General
Plan, had an opportunity to review them.
':ouneilman S31ch moved that the Ordinance,No. 002(H) be taken
from the t±t:e and set for Public Hearing on September 17th,
1962, the next regular C "incil meeting. Seconded by Councilman
Dempster.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Cour.:ilmen: None
ABSENT: Ccuu::llmen: Finch, Jewett
MOTION CARRIM 3-0 - 2 ABSENT.
Chairman Sr�ier stated that at the last Planning Commission
meeting it had been arranged for Mr. George Gatter to meet
with the Cc=13sion with some sort of outline of how he was
going to prepare the Master Plan for the City of Cupertino.
Mr. Snyder requested that the City Council attend ^hi.s meet-
ing with the Planning Commission on October 3rd, 1y6z at
8:00 P.M. :1e Council agreed to do so.
V ORAL AND wRIrM COMMUNICATIONS
Mr. Gene Revizza stepped forward from the audience to request
the City Council to endorse a =7.4,000,000.00 bond election for
Foothill College to construct tneir second campus in Cupertino.
Mayor Benettl agreed that thie bond election was vital in that
the campus being constructed in Cupertino would benefit the
City and the community. The City Clerk was asked to Rive the
Shmolution that Mr. Ravizza submitted to the Council for their
adoption, endorsing this bord election.
Councilman Saich moved that Resolution 649 be adopted endorsing
the $14,00o,000.00 bond election with s yes -ote. 4econdea
by Councilmen Duster.
- 1 -
Atgg: C=-_ n: Dempster, Saich, BenMi
RAYS: C �^.cilm>n: None
ABSENT: Cou:,c'.lmen: Pinch, Jewett
MD?IGN cARRI:L: 3 -0 - 2 ABSENT
1. Letter from Trafficways Committee Chairman, Fred J. Logan,
re.;uesting that a Letter of Record be submitted by the
City of Cupertino designating the Delegate and Alternate
Representatives to the County of Santa Clara Traffic -
ways Committee.
Councilman Saicb, who is already serving as the Dele-
gate to this Committee, agreed to continue on, and
Councilman Dempster agreed to act as Alternate Repre-
sentative. It was ordered by the Council that the
Trafficways Co®ittee Chairman be so advised by
letter.
2. Letter from Haywood Hoses, hard Crump, Developer pro-
testing the additional charges requested by Mark
Tbomes, Inc. in connection with Baywood Terrace $1
and the inspestiops thereof. Be requested that
this job be transferred to the administrative staff
and any charges still to be paid for checking and
inspection fees be deposited with and spent by the
C-ty Administrative staff.
Mayer Benetti stated that he felt that the City
Council should not become involved between a
developer and the Consulting Engineer as far as
charges were concerned. That the Council had set
a pc_.1cy when setting up the City Staff in Engineering
that all projects that had been started by Mark Thomas
would be completed by Mark Thomas. The Councilmen
present concurred with the Mayor's statement. It
was suggested by Councilman Saich that this matter
be referred to the City Manager and, if the problems
as stated in Mr. Crump's letter, co:•.ld not be re-
sclved, that the matter should ag °in be brought tc
the attention of the Council.
3. Letter from the Division of Ri, ;hways, signed by J. P.
Sinclair, Assistant State High ::3y Engineer. This
letter referred to the Wolfe Ro. t,
the freeway. The letter was written to call the
iac: to the attention cf the Coun oil that ro portion.
::olfz Road between Homestead Road and Stevens
C.e- -. Boulevard had been constructed nor is the
reed under construction. The Division of Highways
-
-- -= =1 to know if the construction would be completed
*,. c`1- summer 1964, at which L'5mz the State was to
have the interchange under conctr'uctiur..
Ma;or Benetti stated, and the Councilcen present
acme.:, that the City Mang ^r should write to Mr.
Sin_lalr and assure him that the City will cooperate
wi:h the State in the construction of Wolfe Road
as agreed In December of 1959, by Resolution No.
2_- -
L. Letter from Mrs. J. M. Goodman, 10591 LaRodd Di•ive,
Cupertino, commending the Recreation Program ant
expressing her appreciation for the f7.ne job dome
by the ytvng people in charge at 1atcn SchorI
She further stated that other oothers In the
neighborhood expiessed their appreciation along
wits hers.
5. Summary of Actions, County of Santa Clara Planning
Commission k Board of Zoning Adjustment - Regular
Mee zing of August 15, 1962.
6. Resolution - Amendment No. 5 to the County of Santa
C: ra Expressway Policy Resolution A�!apted Decem-
ber 2-7, 196o.
7. Lmendmer*. t Constitution (Proposed) be submitted to
the ?lectors of the State of California at the Gene-al
'nl 'on Tuesday November 6, 1962.
ec " Action
8. Letter from Cook and Wilson, re: zoning - /postponed to 9/17/62.
9. Board of Supervisors e s of Santa Clare County, Summary
of
0yor Benetti read a memo from the City Manager asking if
the Council felt that a somd truck should be hired to publicize
the meeting September 11, 1962, at which Mr. Don Currlin,
gb&Wmel_msnager of the Kiel` Conservation Districtawili speak on the WatertBond
snd
Um" to be put before the electorate on the November 6th
Ballot.
Ug"d by Councilman Dempster, Seconded by Councilmen Saich
that the City Manager be Instructed to procure e September d truck
to circulate around Cupertino, publicizing
meeting In order to get woad to voters of this important
meeting.
AIM: councilman: Dempster, Saich, Benetti
XhyS: Councilmen: None
ASSENT:Councilmen: Finch, Jewett
MDTION CARRIED: 3 -0 - 2 Absent.
Councilman: Saich suggested that the Mayor appoint a Committee
onrhoweth-'s Bond Issue willpbenefittthe people ooftSanta Clara
County, par:tt ularly the people of Cupertino.
Mr. Donald Kay. President of the American Little League Club
stepped forward from the audience and stated that he had sent
a letter to. the Council and asked if it had been received.
Mayor Ben-_-:i Informed Mr. Kay that this letter had been in-
cluded in :`e City Manager's report and they had planned to
take it W ;t the time the City Manager's report was read.
However, s;-ze Mr. Kay was present, they would be happy to
take it up 3: this time.
Mr. Kay's :eater was read and Mr. K. ^.y added that had the League
been requlr =3 to pay the business license fees, it would have
decreased -.heir profit from the Carnival held in July oy some
00. 5a informed the Council that :he Club had made come
1300.00 c- the Carnival.
Moved by :.=:ilman Salch, seconded by Councilman Dempster
that when : -e Little League again sponsored a Carnival during
the year 13, that the business license fees be waived.
AYES: Cour._ilmen: Dempster, Salch, Benetti
HAYS: Cei:r._ 41men: None
ABSENT: Counz I lmen: Finch, Jewett
IDTION CARRIED: 3-0 - 2 ABSENT.
Mayor Bere : :i commented that he was sure that had the other
two Cou:vilxn, Finch and Jewett, been present that they
would also nave voted for this worthy endeavor.
VI PUBLIC Lit ;PINGS:
A. ORDI'.,',' NC2 220: Prohibiting Certain Land Uses For Resi-
dential D:strlct, Being Single Family (R -1), Duolezes
(R -2 -1i), and Apartment Houses (R -3 -H), and Declaring
The Urzancy There. -f.
The ponediuntil September ul7thh,, sinceOxitti needed N e
a 4 /5thsvote to
be enacted.
*l:re there vas no one L^. the audience to speak foi or
rgpinat the zn ctment of -:.is Ordinance, Councilman Dempster
uvved that Public. Wiring be postponed +until the next
similar mee:l:.- when the entirz Cr,uncil would be present
so vote. Se -ended by Councilman Saich.
Alm: Courtilmen: Dempster, Saich, Benetci
BRIM: Coir.:ilmen: None
Air: Coua:llmen: Pinch, Jewett
Ronan CARRIM: 3 -0 - 2 ABSM-
Councilmen Dempater moved that all correspondence r be received
sag oe
filed, Seconded by Coailmmn Saich. All In
I= dopn[ANM AID FWOLUTI0IS PIOR ADOPTION:
AL. Resolution Honoring Post Public service of Nick Lssaneo.
Ruy= Penetti rose and X I the Resolution honoring Nick
Ias•neo and - .banked Mr. Iwsaneo on behalf of the people of
pgertino and the Council for sll the services that bed been
performed by Mr. Lasanso sa Councilman and Mayor. The Mayor
then requested that Mr. Laranso take a seat at the Council
TJable as art interested citizen for the reminder of the meet -
IM.
Roved by Councilman Dempster, Seconded by Councilman Saich
The Reaclu:l_n honoring Rick J. Lazaneo be adopted as of
the date of ::.is meeting.
A-=: Ccur_ :11men: Dempster. Saich, Benetti
ULTS: C, _. ::_ .en: I:O:.e _
ABSENT: :z-- , _: e . - . _ eve
Mayor Bene ::l xntioned that a Resolution was also being Pre-
;>--red hone: � Anthony J. Pelosi and would be presented to
r- m at the :ax: regular oeeti.-g .
ORDINAti:= =(L): An Ordiranee of the City of Cuper'lno
Amendl:5 :rilnance Mo. :rU b;( Addir- The Claaaitication
"PUnnel - :=unity Distri :'.a (PC -RJ. Recommended by
Planrl:; ::mmission: Resolution No. _10. First F.eacln_.
City A:::rne5: asked if tare were an/ c:.=menta from tre
!:our. v wing none. Sae ,tent on t� explain wk, this
Dr31nance m
teen recoe:,ded by the Planning Commissior. for
enactment.
Tae Ordinance was for a p:sn,-jc1 community and designed to
.ake cafe :' '2rpe blocks of lend. The City Attorney further
explained ■::! : "e 25 acres was put into the ordinance. :f a
parcel of :::,1 was less than 25 acres it could not be developed
Bless a : of propert} owners could put their parcels
together a-._ -;ecelop their lands in this way. Then.` =y av-iding
small communities" throughout th-' city.
The City ; r::ey went on to recd the remaining points in
Resolution S:. 110 and Co==11man Dempster moved that the
City Attor._7 be instructed t incorporate these recommerda-
ziona intc :-e Ordinance for the next rtnelamartmeetingecat
wh1ch time : .^:r
ne Council cld
by Councl: Saich.
AIES: Ccu7:41men: Dempster, Saich, Benetti
RATS: Cc,- .:llmen: None
ARHBNT: C::._:_11xn: Pine, Jewett
NOTION CAF_?:. 3 -0 - 2 A SMr:
VIII pATINO BIL:Z :
Resolution : -.. In the absence of Councilman JewcC:, Mayor
Remtti was a ^pointed as Vice- Treasurer.
4
Move: ov Counctuan Saich, Seconded by Cottilman Dempster
that ? -esolution No. 543 be adopted.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilmen: None
ABSENT: Ca'mcilmer.. Finch, Jewett
MOTION CARRIED: 3-0 - 2 ABSENT
Resolution So. 644. Moved by Councilman Saich, Seconded by
Councilman Dempster that Resolution No. 644 be adopted.
AYES: Councilmens Dempster, Saich, Benetti
NAYS: Councilman: lase
ABSENT: Councilmen: llach, Jewett
NDTIOK CARM3Ds 3-0 - 2 ABSENT
Councilman Dempster, noting that the two applicants covered
in the Unfinished Btisfaess portion of the Agenda were present,
moved that their applleatlons be taken out of order so that
they would rot be regstred to sit through the routine part
of the agenda. Seconded by Councilman Saich. All ayes.
Z. UNFIAT.SHED BUSINESS:
A. FF=- CLARK: Application No. 18- T.M. -62 for approval of
tentative nap, property located between Regnart Road
and Lindy Lars. 37 lots: R- 1:B -2. Approved by
?Tanning Commission.
Mr. Splitstone from George Nolte, Engineers, represented the
applicant. Mr. Splitstone stated that there was considerable
discussion regarding the sidewalks in this subdivision. He
remarked that when War: Crump had developed in this area, the
sidewalks had been waived, since it was a hillside area. He
said that, other thar. this point, the rlanning Commission had
approved the tentative sap. Another point was brought up re-
garding the slope of Segnart. That it be changed from 2C% to
17 %.
Councilan Saich moved that the tentative map be approved with
the .ru`3ested change in slope on ReSnart Creek from 20% to 17%
and that the matter of the sidewalks be referred to the City
Engineer's office to be determined at the time of the approval
of the final map.
AYES: Councilmen: Dempster, Saici., Benetti
NAYS: Councilmen: None
ABSENT: Councilmen: Mach, Jewett
MOTION CARRIED: 3-0 - 2 ABSENT
B. DEr CLIFFE ESTATES SUBDIVISION: Request for approval of
revised tentative map altering street pattern. Approved
by Planning Comodsaion.
Mr. Dal Toggetto represented Deep Cliffe developers. A copy of
the map was posted an the board and the Council was appraised
of the new street pattern. Mr. Tcggetto remarked that by
cutting a street throu&h, they, tie developer, ticr: losing a
total cf four lots. The City Attorney remarked Lhat the Planning
Commission had been ver_r impressed with this change and felt
that it enhanced the entire traot.
Moved b: Councilman Saich, seconded by Councilman Dempster that
the revised tentative zap dated July 27th be approved.
AYES: Councilmen: Dempster, Saich, Benetti
MAYS: : ouncilmen: Ncoe
ABSENT: Zouncilnen: Finch, Jewett
C. County Water Coasission. Mayor ixr.etti stated that he felt
this item had been well cc.ered at the beginning of the
aeeting, aLsln mentioning the meeting on September 11th
at which Don Currlin was to speak.
• •
IX. REPORT OF 0MCW AID CO DUMOM M
A. Report of City Treasurer
No further report.
*r. Report of City Manager: portions
In the absence of i
of the Manager's reportfor thegCounci d
l that required action'
1. iMOdrCity A~�i1sS�e� a3so covered in
to wait the
until
City Snginaer repo
than to tat:* action.
2. 1901 Pipe N: MOW 9: The City Manager's report covered
HIgthmays baamdown fortthe pipe that wasiinstalled
on Siglew 9• 4-%e s_ -count of money required to meet
the desuld; of the State will be approximately $2,000.00.
Coencilmsn Saich recommended that this matter be turned
over to the City Manager with instructions that he con-
tact the District Engineers, either Mr. Hayler or Mr.
Sinclair to a" if there is any other course open to
the City.
3. Stevens McCarthy k�Spiesmanshouid also belcocontacted for tatbid
on this pro,',ect.
4. Fleming's Report an Stevens Creek: The Council requested
that they all receive copies of this report, since it
Is two years old and their copies are no longer available.
C. Report 4f City Engineer:
1. Storm Drain Reimbursement Agree�ent: Alpha Land Compani.
Moved by Cour..Ilmar. Dempster that Resolution No. 653, covering
the above a;;reemen: be adopted. Seconded by Councilman Saich.
AYES: Councilmen.: Dempster, Saich, Benetti
MAYS: Councilmen: None
ABSENT: Councilmen: Pinch, Jewett
MOTION CARRIED: 3-3 - 2 ABSENr.
2. L & H REALTY (Edwardo T. Calvo) OFFICE BUILDING ON SILVERADO
AVENUE: All plans have beer, submitted to and approved by
the City Engineer'a office. All bonds, agreements, etc.
have also been put up and it is expected to be approved by
Sanitary District Board on September 5th, 1962.
Councilman Saich moved that Resolution No. 651 be adopted
authorizing the City Engineer to sign plans only after
they have been approved ail signed by ..he Sanitary District.
Seconded by Councilman Dempster.
• V
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Cow:cilmen: None
ABSENT, Councilmen: Finch, Jewett
MOTION CARRM. 3 -0 - 2 ABSENT
Moved by Councilmen Saich, seconded by Councilmen Dempster that
Resolution No. 652 be adopted.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilman: None
AffiMIT: Councilmen: Finch, Jewett
NOTION CARRIED: 3 -0 - 2 ABSENT
3. thceO The-bank offset from
e entrline of the new portionf Rodrigues Avenue of
approximately 5.feet. This request was made because the
property line location is not in ;orrect alignment for
direct alignment across Saratoga - Sunnyvale Road. Due to
the width of Saratoga - Sunnyvale Road, there shouldn't be
any traffic problem if this deviation from the Neighborhood
Plan in allowed.
Councilman Saich expressed an objection to the five foot off-
set, stating that they had always caused trouble in the past.
Councilman Dempster moved that the City Engineer's recom-
mendation be approved. Seconded by Councilman Saich.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilmen: None
ASSENT: Ccnnellartn: Finch, Jewett
NOTION CARRIED: 3-0 - 2 ABSENT.
The City Engineer stated that the City Manager will give the
Council the exact figure on the cost of Homestead No. 3 well
at the meeting of September 17th.
The City Engineer also stated that the job for Stevens Creel:
Boulevard sealing will cost approximately #25,000.00.
He presented two resolutions for adoption by the City Council.
Resolution No. 640, covering a dedication from Vincent Maggio
and others.
Councilman Saich moved that Resolution No. 645 be adopted.
Seconders by Councilmen Dempster.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilmen: None
ABSENT: Councilmen: Finch, Jewett
MOTION CARRIED: 3-0 - 2 ABSENT.
Resolution No. 646 accepting dedication from Cook and Wilson.
Moved by Councilman Dempster, seconded by Councilman Salch
that Resolution 646 be adopted.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilmen: None
ABSENT: Councilmen: Finch, Jewett
NOTION CARRIED 3-0 - 2 ABSENT
D. City Attorney's Report:
The City attorney reported on the Cupertino Cab Company. He
had received a letter from Mr. Andrew D. Clark, owner of the
Company, stating that be had wade arrangements for storage of
his emb at commercial property away from his home. 4e will
not be Farling the tab at his home in the future. The letter
was passed to the City Clem to to made a part of the City's
files.
Monsoons
• •
The City Attorney stated that the Rodrigues papers for the
well site purchase It are in his hands and that he was working
on them.
Tire City Attorney prepared a resolution accepting the Deed
for the property on which the well site is loca.;ed for adoption
by the City Council.
tthatdResolstionlNo. 648,haccepting the Rodrigues Councilman
odrigues Deed be
adopted.
A7ES: Councilman: Dempster, Saich, Benetti
NAYS: Councilmsn: lone
ABSENT: Councilmen: Finch, Jewett
MDT= CARRIED: 3-0 - 2 ASSENT.
Upon instructions
delete Sottiony3Mof this ordinance,It0he had
following sentence:
"There is excepted from this section excavations for house
sewer exteasions provided permit therefore, is first obtained
from the Cupertino Sanitary District."
This will be Orrinence No. 130w, amending Ordinance 130 and
constitutes a First Reading.
Moved by Councilman Saich, Seconded by Councilman Dempster
that the City Council approve the adoption of Resolution
No. 6a7 endorsing the Sanitary District Bond Election being
head on September 11th, 1962.
AYES: Councilmen: Dempster, Saich, Benetti
NAYS: Councilmen: None
ABSENT: Cowicilmen: Finch, Jewett
NOTION CARRIED: 3 -0 - 2 ASSENT.
Councilman Dempster remarAed that he feels that the City of
Cupertino needs a place for the sewage and that we ti ve no
alternative but to endorse this bond election.
Mr. Ward Crump was seated In the audience at this time and
since he had arrived late, was asked if he wished to know
the action that had been taken by the Council regarding his
letter.
Mr. Cr-,Imp was informed that the Council did not Trish to come
between the developer and the Consulting Engineering Firm and
had asked that the City Manager try to reach acme sort of
conclusion, but that if there was no success on the part of
the City Manager, then it was to be referred back to the City
Council.
Mr. Crump stated that he had paid the checking and inspections
fees requested from Mark Thomas in the amount of $2875.00 and
when he asked for an accounting was given a list of hours and
dates that figured out to some 265 hours, which figured out to
something over $10.00 an hour, In office work and inspections
and a small amount in field survey. He feels that this arourt
for checking and inspection fees is completely unreasonable.
Now, he stated, he has been asked to deposit an additional
=1500.60 or have his fob stepped for lack of inspections.
He asked if his course was cot only to the Council rataer than
to a contract employee.
Mr. Crump was re- assured that the Co,mcil would Take action
if the City Manager could not resolve the sicAptlon. At this
point Councilman Despstar etated that he was not aware that
the project had been stopped for lack of inspections. He
then asked City Rnginee! Lahr :,ow much of a deposit would be
necessary for the City RMIneering Departsrnt to take over
d -
the inspections on this project.
The City Engineer stated that this would be difficult to
determine at thf-s time, since they did not know how such was
left to do.
Councilman Dempster suggested that the City Engineer and M^.
Crump sit down together and discuss the matter and that the
City Engineer suggest a figure to be deposited and, if agreeable
to Mr. Crump, then have this amount deposited and the City Staff
take over the project.
Mr. Crimp stated that he would make the whole setter sasiar
for everyone and deposit $1500.00 or whatever amount requested
with the CitI. Be merely wanted to get this money into com-
petent hods .
Moved b^ Councilmen Dempster, seconded by Councilman Saich that
the Mark Thomas Company be advised to sti.1 all inspections on
Haywood Tract Unit x#11, and that the City Engineering Staff take
over this project.
AYES: Councilman: Dempster, Saich, BenetU
NAYS: Councilman: None
ABSENT: Councilman: Finch, Jewett
MOTION CARRIED: 3 -0 - 2 ABSENT.
XII ADJOURNMENT
Meeting adjourned at 11:05 P.M. upon motion by Councilman Saich
Seconded by Couu:cilman Dempster.
°T:
wrence rt n, City Clark
a
APPROVED:
/S/ John Benetti
mayor