CC 09-17-6210321 So. Sara top - Sun:lyvele ,Road Al 2 -4505
C I T Y OF C U P E R T I N O
duperrsino Z,a fora=_
MINOTBS OP TM REGUL4t Mzn7No OP m. CITY COUNCIL - SWr M= 17,
1962
PLACE: 103LI1 S.. Saratoga - Sunnyvale Roed
Mgs 8300 P.N.
*., SALVM TO TM RAO
II 10M CALL:
Counailman Present: Dempater, Balch, P1nch,Jewett(rice Mayor)
a m:c11men absent : Bmwtti
Staff Present : City Engineer, City Manager, City Attorney,
City Clerk
III NljW ES OP na pXM(.OS MS&TTIMO: September 4, 1952
Correction: Page 8, paragraph 4 to add the word 'from' Section 3
not to delete Section 3. Paragraph to read as follows: Opon
instructions from the City Ranger, Ordinance 13o had been admen -
ded to delete from Section 3 of this ordinance, the following
sentence: - etc:
Moved by Councilmen Balch, Seconded by Councilmen Dempster that
minutes staid approved re corrected. All in favor.
City Manm:.er Introduced Mrs. Plorrn;e Prix, recording secretary,
to the Cc ::r :ii and Plant.1-2 Commission.
Courteil:rr. Tempster noted correctlor. In previous minutes, pace 5,
the word zee--art Creex cnd Regnart Rcad to recd Re 3 a rt Court.
Moved by C ar -llman Salch and Seconzcd by Councilman Dempster
List ata r„i_i Tin utea strnd .pprowtj4. A2. it, favor.
IV CP c S: Bids for Nomeste: :d .1 2-0. 3 Pipellre; Furnish-
REVIEW
and :.n: =lung 10' p12ellne with •;ruitvnances.
City Mcrz_er and Cit; En_lnter n v1,. .i Lids r:r lnstlllction of
pipeline fr:: Homestead 3_11 N3. T.r.: L bids wtrt rectived. A
few minu:cs prior to opening bids, : C1.rk r,ctived a phone
call fr.;r ,r_spective bidd:r skin `. _ J -1ay ir. ti ^. open -
Inas. Be .es informed as to tLw� sprc_ficd (d:OC P.M.) and thet
opening rz- =o :omply.
The bids received:
Pcs:_r S Maloney Co., Sunq'vni,� 14, ;a7.75
Yr:er Works Construction ?A1oAltc 15,531.25
Y. �:. tbert Corp., San Jose $19,111.71
After ccrs_Jcrable discussion by the Council on the bids, the
City Actarncy informed them that chap could reject all bids and
readvertise or purchase materials or. the open market. Don
Prolich, Vise Chairmen, Planning Cemniseion, stated that he t -35
had considerable experlencc In re.4ectint bids r.nd calling for
new bids. do stated new bldg •a_rc IN�ys higher.
Counciima-r. Saich moved bid be awcrded to $14,447 biddtr, Poster k
Maloney Cc, of Sunnyvale, Seconded by Councilmen Dempster.
Councllr n Pinch stated he was no: sure we would not be r.blu to
get a lower bid than $14,000 If Itshomitted.
AYES: Ccancllmen: Dempr!er, S°.ich, Jewett
NAYS: Councilmen: Pinch
ABSENT. Councilmen: Benettl
MOTION CARRIED 3-1 - 1 ABSENT
V =FORT GP ThT PLANNING COMMISSION:
Chairman Snyder of the Planmlrg Comrlsslon gave a brief sumssz-y
of Ordinance 160 and List the Commission requrated a review by
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E
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the City Vazzger, the City and Engineer and Chief BkLtlding In-
coector fcr a report. He aslo mentioned some dead trees that
we-e in t_e p =rking strira and requ ?seed the City Manager to
report to the Planning Commissior. '_he City Manager told the
Council t`a: developer had been notified some time back and that
replacemnt would be don: at the ?roper season.
ORAL AND vr-r I+T7 COMMMCATIOM3:
help�lven onOthe sanitary bonds and officialsendorsementkoffor
the Council.
Mr. Small, City Planning Commission said about a year ago a
letter was submitted to the City of Cupertino, sigped by action
dents on Kerwin Lane from Highway 9 to Felton, regpeatiM
by the Council to have the property rezoned back from R -3 -H
to R -1 -H. Apparently the letter was submitted and no action
take to carry through for r rreezoning. They are wpaying taxes on
no
R -3, living in R -1 homes. Vice Mayor Jewett asked if this
had been reported to someone. Mr. Frolich anawere4 they sent a
ictter to City Council and it was signed by several :�Oople -
that-a where it stands.
The City �Lnr er said a letter was received and answered - out-
lining the procedure frr rezoning. If the propert7 owners are
atilt intzrsted they can come to the city mall for information
or write :n Snd we will again mail it to them.
Mr. Stock_x `r precinted a letter opposing an application for
C -1 zon:.i cn the Fox property immediately south of his
property. Latter received and filed.
Letter fr := v =ton School Parents Association complimenting our
Recreati:r_'_ Director who has done _.. excellent job.
Letter 1:. ragsrd to CARE - because cf recent earthquaka in Iran,
request rarticipate tY contributi:ns to local CARE office,
215 W. �trect, Los Angeles or -- Market Street, San
Francisc:.
Council.-. 3 -1ch moved cor,�_unicatlo: :s be received :nd filed.
Seconded Jouncilman Dempster. Mario: carried.
Stephen:cncich: Re Shopping Center, "E corner Pl-ney and
Stevens _:: Blvd.
City Ma._-.er s--id the ^_quest to appear had been withdrawn.
The d•:ve_:,_: was informed that driftwood rock be ;laced on
the Blanc_ -:rd Stevens Creek - exposures, to which rF agreed.
Councilm_n ?inch said he was sure the Cowicil minutes requires
rock ell :_ound the bulldinE and th-,z the minutes should
stand. 'itr Manager instructed to so inform deveicper. Coun-
cilman Finch asked why offsite improvements not put in. City
Manager zrplsined that property was incorporated in a proposed
assessor:.^.: district. Tf: s is what the Council had approved
for Manz_!_.
YII PUBLIC tMX7,L`70S:
A. ORDI \:SC°_ 220
The C7,y Atternoy sale; Lrdinance 220 contaias no new substance
in ral ^tl:n to R -1, R -2, R -3 - a cl,cuing uv of the existing
or,ilnances to 1ncorpor_te the site centrrl ordinance.
Vice Mayor Jewett questioned the incorporation of ,5 control
into the :rdinance and tae City Attorney said the ordinance Ss
subject :: R concrol.
The Ordinance was read b_r t:;e City Attcrnei .
,;auncl3man Stich moved Ordinance 220 be enacted as an Urgency
order, Seconded by Couneilson Finch.
Am: Ccy=_, linen: Dempster, Balch, Jewett, Mnch
j1IS: Ca:reilxn: None
AesENT: C: _^ i:xn: Banetti
JJMON CA -Mj!D a -C - 1 ABSENT
D. ORDINAILS 002 (h):
J%e City t_
to Council. iEis is rat this has been an urgency ordinance inance and this sIs the
time set for the hear A39. Councilma i'impster asked of this
7Y reviewed by Kilaey, IYm mad Blair. :Sae City WnWr said
MW had mat reviA I I mad eahirrnces.
t'A ilssa Duster asked if the Light Industrial Park Ordinance
mould unit on&,. until Cuo 122pllach over It would be bee an *someone
to the city and that the sewiy hired planner would lips to know
Us city tainting on this ardanance.
e eirsan SYjccr, planning Cosmissaon said they had spent a year
00 a half studying and discos3ang this ordinance. Thmy con-
tacted a zmber of industries for their opinion and held legal
hearings. Ire, wanted Council action.
Councilmen Jespster rsferred.to Page 3, Section A -1 -B anu
gsestioned :`e figures. He wanted to know if they were decidad
an from t.k factors. Chaarw:n SRvezr said the noise
figures we-e .ttained from Stanford industrial Park verbatim.
Councilce- De -ester ..13 in disagreement and stated the noise
factor was z nul%ance. He agreed to take Cw.mcil to an exist-
ing piece :_ ;roperty, where the noise factor was a nuisance.
Chairman offered to conduct an :xperaement. Councilman
Dempster !i_ -st want to delay a public hearing but to keep
In mind ;rcblem be rca71ved by tie next Council meeting.
Chairman Ss;.er placed on exhibit letters received from Indus-
try which r:Y impressive. CommIss10n2r Small, Planning Com-
%lesion s::_ sny long iaurs were spent on the ordl.:snce.
C7mmis5lcccr 7rolieh said the origlnal motion was that it be
sent to F.3_� L consultant for re-lew .ni due to change over
no report s - acelved. He did not feel they should encumber
tlm witt = ^_clew of all the things to be done.
Councllm:- L_l.hs asked if it wasn't Councll'e perog2tive
:n case c: ::shop, to.amerd it and put it up for hearings and
clarify :..
Otis Porg_ sugSested they shouldn't be too selective. He
pointed c,.:- . 53nt3 Clare in being too conservative lost out on
three 1n? _ :rizs. He felt time was running out and a little
noise was crstforable to waxes.
Councllmar. _e= ,,ster moved to continue c :.c hearing until Octo-
ber 1. H� s ::cd he coin% foresee no C. :fflculty. Seconded by
Cmmcllw.n ?inch.
AYES: :zuncilmen: Dempster, Saich, Jewett,Mnch
zr,fS: n: ilmen: None
ABSENT: _. 11men: Benettl
)D'iION C!_.-.iFD + -0 - 1 ABSEXT
VII S.. ORDI.w.C= J02(L)
the City :- -zrncj explained that this Is 2 plannel community
ordinance rec3mended by t.� Planning co-.mission, with resolu-
tions att_ -. :cd, incorporating those p :o ^csale In this ordi-
rance. Ve proposal was reed ty the City Attorney. This
satisfies the first reading.
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B. ORDIXNCE 130(a): Amendl.ng Ordinance 130 which Relates to
Obst,:ction of Stree -s and Highways Within the City.
Secord Reading.
Councilman Saich note(: two: jurislictione on open streets - San-
itary Boar: and the City. Th:; Citg Hart.ger explained 130 is a
condition for issuing permits for street openings. It was re-
quested by the Sanitary Dis:xict that they bsve resporsibility
at obtaining permits from contractors for any sewer that would be
Councilman Saich nrr:ed some streets ham b.en opened up
end net backfilled correctl9 - he wanted 3 good i:.spection.
:C, oilman Dempster su;ggested our own city inW ctor inspect
theme streets. Cou kj7 man Saich questioned double charges against
the city. The Manager said the responsibility would be the
_ City of Cupertino.
Otis forge, President of Sanitary District said the contractors
.dkW* work an bonded and except where County did some Inspect-
ing without additional obarge to +,he home owners there has been
no conflict. Be asked wbat charge would be put on the contractor
for this. The City Manager said it depended upon the fob. If
a bond bed been issued for this then it would be reviewed -
possibAy no fee charged - but he wanted to know wher. they
wanted to open up thy. street - this was our fob. Mr. Forge
questioned why hoses cw..ers should pay more for city than for
county. The City Manager explained that was what they were try-
ing to do here - complete and positive cooperation between
Sanitary District and Cupertino.
Councilman Saich moved that City Mana;;er meet with Sanitary
Board and Postpone Ordinance 130 until October 1.
AYES: Councilmen: Dempster, Saich, Jewett, Finch
NAYS: Councilmen: None
ABSENT: Councilmen: Berettl
MOTION CARRIED 4 -0 - 1 ABSENT
C. Resolution 655.1: Approving Patitiona for Stevens Creek #1
L.I.D. and Approving Engine -r of Mork; Pirectin� Prepara-
tion of Plans •ind Specifications arrd Approving Legal Counsel.
The City Attorney requested that action on this res ^lotion be
put over to he meeting of October 1. Aftcr considerable dis-
cussion on the proposed L.I.D., Councilman Dempster :moved that
the matter be continued to October 1 meeting. Seconded by Finch.
AYES: Councilmen: Dempster, Jewett, Finch
NAY3: Councilmen: Saich
ABSENT: Councilmen: Benetti
MOTION CARRIED 3 -1 - 1 ASSENT
IX PAYING BILLS:
A. Rezolutions 653 and 634
Councilman Finch moved Resolution 653 be adopted. Seconded by
Councilman. Saich.
AYES: Councilmen: Dempster, Saich, Jewett, Finch
NAYS: Councilmen: None
ABSENT: Councilmen: Benetti
I
MOTION CARRIED 4 -0 - '_ ASSENT
Councilman. Finch moved Resolution 654 be adopted. Seconded by
Councilman. Saich.
i
AYES: Councilmen: Dempotcr, Sc.ich, Jewett., Finch
HAYS: Councilmen: None
ABSENT: Councilmen: Benettl
MOTION CARRIED 4 -0 - 1 A33ENT
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R REPORT 01? OFFICERS AND COMMISSIONERS:
A_ Report of City Treasurer - None
B_ Report cf City Manager
Cit'-•s pcyocnt for rrnlocation of utilities on Highway 9 - Meeting
helA with County - asked for itemization of $41,000.
190' Drain on Highway 9. Met with Engineers from Highway Depart -
gent. 4M State Chief Design Engineer asked if City would take
over maintenance. Recommend -this to the Council. Resolution
6% - Ac:cepting Obligation of Culvert was read by City Attorney.
Councilman Dempster moved Resolution 656 be adopted. Seconded
by Councilman Finch.
Affil Councilmen: Dempster, Saich, Jewett, Finch
RAms Councilmen: None
ABMW: Councilmen: Benettl
90710N CARRIED 4-0 - 1 ABSW
She City Manager suggested Council get together to look over
Civic Center sites.
City Manager re -orted on scaling Stevens Creek Boulevard.
Best method would be slurry seal. Estimate 1/2 million square
feet at .019 / sq.ft. Another estimate of .025 cents /sq.ft.
Bay Slurry Seal completed excellent job in Saratoga. Recommended
this type work be done to protect streets listed. Discussion
ensured on various types of materials. It was noted the streets
needed a repair ob first. City ManaEcr said set price is
.019 /sq.ft. - 1/4" thickness - $10,000 job. Time is of the ee-
sence. If approved, work would be started next week.
Councilman Finch moved the City Manager be instructed to apply
slurry Seal to streets as listed and leave it to his discretion
as proposed by Bay Slurry Company - Maximum of 500,000 square
fee:. Seconded by Dempster.
AYES: : ouncilmen: Dempster, Saich, Jewett, Finch
NAYS: Councilmen: None
ABS�X'f: Councilmen.: P.enetti
MMON CARRIED 4 -0 - 1 ASiEENT
Report on Raquest for Trail >_r Park - Council's polic9 is annex -
tt:or. preceded :.ny zoning.
Polio vaccine Shots on Sunday - all urged to partake.
CoQ,liment Recreation Director for marvelous job.
Extension of Foothill Blvd. Expressway into Cupertino. Initial
90' right of way increased to 1201. Will report after meeting.
Proposal to Trafficways Committee to get legislation to increase
gas tax by one cent. Councilman Dempster noted the h:el tax
would be borne by highway users, and moved that Council
endorse this recommednation and that copy be sent to Board of
Directors. Seconded by Councilman Saich.
AYES: Councilmen: Dempster, Saich, Jewett, Finch
NAYS: Councilmen: None
ABSIDR: Benetti
MY..•nOW CARRIED 4 -0 1 ABSZhT
City Engineer Report
Resolution No. 657 approving final map, etc. Tract 3243, Haywood
Terrace, Unit No. 2. Moved by Councilman Finch Resolutien 657
be adopted. Seconded by Councilman Dempster.
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AYES: Councilmen: Lcalyater, °ai, :h. Jewett, Find
NAYS: Councilmen: N-"ae
ABSENT. Benctti
pgMON cARBIED 4 -0 - 1 ABSEHf
Resolutions 658, 659, 660 - APp�loval final plans, authoriziry;
execution of agreement and accepting dedication for roadway pur-
pose. Post Office Facilit7•
Councilrn Finch moved Resolution 658 be adopted. Seconded by
Balch.
AYES: Councilmen: Dempster, Saich, Jewett, Finch
HAYS: Councilmen: Hone
ABSENT: Councilmen: Benetti
nmoN CARRIBD 4-0 1 ABSENT
Councilman Finch moved Resolution 659 be adopted.
Seconded by Councilmen Saich.
AYES: Councilmen: Dempster, Saich, Jewett, Finch
NAYS: Councilmen: None
ABSENT: Councilmen: Benetti
Councilman Finch moved Resolution 660 be adopted. Seconded by
Councilmen Saich.
AYES- Councilmen: fmpster, Saich, Jcwett, Finch
NAYS: Councilmen: Fare
ABSENT: Penottl
M;YTION CARRIED 4 -0 1 ABSENT
Homestead Wail #3
Councilman. Finch moved City poor -pt Homecteid Well and City be
authorizes to pay at the end of the 33-d3y period. 2econded
by Councilman Dempster.
AYES: Councilmen: ?evpster, Salch, Jewett, Finch
NAYS: Councilman: Stne
ABSENT: Councilmen: Benetti
wrioN cAmi3D 4-0 1 ABSENT
Yr. Flemin,„ Mark Thomas Englneerinb ;cmpany presented himself.
He presented bills as follows:
Transfer of files, maps, records $440.00
Duplication of tracinbs, etc., report on statue of
Iobs; 9 -page report re project and status
$310.00
Conferences with City Engineering Dept. relative
to city projects and precedurec $700.00
Attendance at meetings - Council and Planning
Commission $3O0.'C
Tc'zl $1752.16
The City Manager diaa reed - the X1752 figure is exhorbitant -
Recommended bill for 41100.
Councilman Finch moved $1752.16 be paid Mark Thomas En„ineering -
Seconded by Councilman Balch.
AYES: Councilmen: 3aich, Jewett, Pinch
NAYS: Councilmen: rasyster
• ABSENT: Councilmen: Benettl
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TDTZOS C- iRiLTi1 3 -1 1 A!WW
Mr. Flesin& stated any information the City Engineer will call for
ea work outstaniing will mmat ae charged to the city. Any
serious question would appeer and no charge be made.
Meport of City Attorney
Letter to Sze. Jose City Attorney to prepare agreement for staring
aebool crossin& guards salary.
II M!ffiSHC) FHSINEW
A. County water Commission
JESC USlon Yovesber 6 Election Hood.
xxx Mr 2933NLSS
A. Miscellaneous
City Engineer Introduced Mr. Phillips, consulting engineer.
ITTY ADJOUMUCEI 11:45 P.M.
Lamvvnce K. Mar-in, City Clerk
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APPROVED:
�✓ less Y. lesttl
Mayor