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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 -1- E • W 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. -3- 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 -4 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. -5- 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 -6- - r � 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 -7- APPROVED: �✓ less Y. lesttl Mayor