CC 10-01-6210321 39. SeratogaAuyvale Road • PL e- 1.:05
CITY OF CUPERTINO
haMPM Op TEE IM MM MEETING OF THB CITY COUNCIL - OCTOBER 1, 1962
places 10321 So. Saratoga- Sunnyvale Road
Timms 8:00 P.N.
I 1AIMS TO Ti MAO
am% -cu mcibm present: Dempster, Fincia, Jewett,; Balch,
6b�mciltlnn`Absent M1oa:n:ee .
Staff pr"t : City NAnsger, Cityyy Attorney, City
Clerk, Recording lecretary
10� at M Phjvpo.is-11 11jr -SepteWbe r' 1T, 1962.
OOWmilmpn Ralph silt" *teat the m1ndtes should show that he had
oosmssOM on the DWQlpb 0011011tion. The Council should he", It'
theme mss to be a:y delay in the off -site improvements given their
sppppmaoowvaal, even thsagh there had been a contemplated A640i26eflt District.
This was on page four (4), bottom of page.
on page five (9), last two sentences: That the Council's endorse-
ment of the Report of the Traffieways Committee be . pent to the hoard
of Directors, should be changed to the Board of Superviaors.
Tbers being no other correctiuns Councilman Saich moved that the
Minutes be approved as corrected. Seconded by Councilman Jewett.
All in favor.
IV. RWM OF T88 pLARRM COMMISSION: (See Planning Commission
minutes of September 24, 1962)
Planning Commission Chairman Snyder stated that at the last meet-
ing of the Commission they had made a recommendation that two Commis-
sioners be appointed to the H- Control committee. These were Commission-
ers Ramey and Fitzgerald.
Chairman Snyder also reported that the Commission had granted a
Use Permit for a gas station in the vicinity of Highway 9 and Stevens
Creek Boulevard. The Commission would like to point out that it was
not just another gas station. They felt that. the station had a lot
of merit from the standpoint of beauty and they also felt that It
would fit in with the development that was going in on the corner.
Also that it would be required. They also felt that they would be
establishing a precedent for other gas stations that may want to
come into Cupertino in the future.
Commissioner Small asked that the Council take immediate action
on approving the recommendations for the H- Control Committee since
there may be an emergency meeting of that committee and he wanted to
be sure and have a full committee.
Chairman Snyder reminded the Council of the joint meeting with
the planning Consultant on October 3, 1962 at 8 P.K.
Councilman Salch moved that Comclasi.:nens Ramey anal Fitzgerald
be appointed to fill the vacancies in the H- Control committee.
Seconded by Councilman Jewett. All in favor.
V ORAL AND NR1TM OOM WCATIONS:
Dose Corporation: rAtter asking for review of Architectural
Control conditions:
Mr. Ant hoW Sera of Doss Corporation represented his company and
esplsfrad to the Council.bow, by interpreting the Minutes of Septem-
bmrr 4th, it would be istposmible to comply with. the condition that
they was venter finish on tbe.Dairy Be13e Building.
Mr. Sere wu lafonod.t1'st the Minutes of Aeptember 17th amended
taw psevie" slant" sad fit- teat only tbs.okurior walls of'tbe
D&W 10110 balldisg WAS .Wire v' =o "r finish. Mr. Sara again asked
for s clarifieatios on this condition.
- I -
The condition I the t auyrhere the applicH uses masonry blocks
M the outside of the Dairy Hello 8.11ei,i, :< in to be covered with
drste.00d rawer. This will irw:lude three sides of the building, be-
EOUPPO 1l�aa/ss If concrete block 18 used in the back, than driftwood
use d. Hm over, it will be agreea_ on the rear of the building-and paints it white,
h Department requirements, and in the interest
iness. Shia was NO by Councilman Dempster and seconded
SW caasollman Saich. All in favor.
'lie Npor stated that since former Mayor- CounoilMn dathM J.
s its► esaL_ed In.. _ ��,be would like to tt0�1l���this oppor-
7 to rain a: 6 Itr. Pelosl Oil bil�1! of the Coun-
sitiasas Of '. I�RSOluti�
r, F rio i t -il and fo rthfr stated test he felt
w TrV
bmor to hatia�abp to serve the city or OlAertino.
that he would thdxs aomen<. He the
on the lob theyyd6litS'drSd Said LhatO
no longer join thsa - that the future was, indeed, their
.ais far as Cupertino ties concerned.
-il '"Mc �OSt
A. llR 3. poll: Application 63 -L-62 to rezone approxi-
mately .9 acre situated on the south side of Stevens
Creek Blvd, and adjoining the east bank of Stevens Creek
from R -1:B -2 to A-H (2mnsement Resort). iecomended by
planning Commission Resolution Ho. 111.
The Mayor asked the City Clerk if he had any correspondence or
protests on this application. The City Clerk stated that he had
letters addressed to the planning Commission and the City Council
foe Mr. Louis Stocklmeir and Mrs. Dorothy Varian, also a petition
signed by eleven property owners. The City Clerk read the letters
end petition.
The Mayor asked if there were any further comments from the
audience. There were none.
Mr. Millard Richards of Cupertino, represented the applicant.
Mr. Richards displayed some maps on thu board showing the property
and pointed out property and how it related to the County plan for
green areas and recreation.
Mr. Richards brought up the controversy over the size of the
parcel. He stated that he wished it made quite clear that there
use no intent on the part of the applicant to misrepresent the size
of this parcel. That the original error had occurred in City Hall,
by admission of the City Clerk. The parcel was approximately .9
sere and would net out to approximately .6 sere after improvements.
life Mayor info —*d Mr. Richards that the agenda indicated the pro -
perty was .9 &ore and that no one questioned this figure.
Mr. Richard stated that the original application had requested
C-1 -H zoning, but had been changed to AR zoning. That the applicant
felt that AR zoning would be a better use for the property, the
bdglrat and beat use.
Councilman Salch remarked about the bridge, that it will eventu-
ally have to be widened to fan lanes and that many.of the streets
sod roads in C%Tertdno will beve to be straightened out to accommodate
tLs traffic that will be geaseated by the freeways. In the event of
thds road work, in all probability, this paroal of la" may we...1 be
is the way. The Mayor asked Ounnellman Salch ii he was opposed to
W" application being grant", in view of the ;road conditions in the
61tW and future planning sloe this application prsseture.Answer: Yes.
94ulher discussion developed regarding the -.se of this property,
problems that weal." cause a - raffic hazard, etc. Council -
tt stated that'tng" are two points that has was werderiag
pint the applicant 'coo in and asked for O -1 -S zoning, then
Arad their application salt asbad for AR serving. 7lay have no
>a4 lies u��o 1i- the property, and it would nee■ teat
.,lqt serawdit otbar than 110:114. Ni 0008 not
e. 0ms qpa or saf111i at 6W .time, that
i is iFimse w�i0sy alis0esasos "
P& to the ultis.:o use of tr.10 property.
Ngpr asked if there was any further cowgcnt on this application.
mssie was none.
Councilman Jewett moved that the application of Kenneth S. Pox
bs 4111Aad. Seconded by Councilman Saich.
Councilman: Dempster, Finch, Jewett, Safch, Btnetti
Councilmen: ]bas
Councilman: Nona
5-0 - APPUCRUM MMM.
IL OIIDti1Q OOQ(h)r A[ISald oadinance No. 002 Ybleb
,. _ Omdieaeae ImmorpoastOS daellasnce 143200 of the County
of Sssta Clara, Ad3at no classification "Plot s@1oiA l
Classification mue !silt Lne (PA PH) and Farther, adding
Continued. � 3nndustrial Park Zoningo, On-M.
0100001101n Dempster her the noise !factor which is
aewasia 1a Section 4.l (b
r= nn excerpt from the Stanford Park
Chew, and It wee explained that it was not. That a survey had
as
bi side of the Immediate are and the entire Bay Area on a decible
beg".
On Mayor asked If there were any comments from the audience.
Mr. Louis Stocklmair, Sr., 22120 Stevens Creek Boulevard, Cupertino
spoke In regard to the matter of the light industrial zoning, He
stated that he would Nairn to see a continuation of this matter before
a find action, if it was the intention of the Co•.mcil to do so, is
taken tonight.
It use explained that thin was a Public Hearing, that if it was
clamed tonight, that next meeting would be In two weeks at which time
It would have Its first reading. Than another two.weeks and the
second reading. It would take approximately one month before the
ordinance could be enacted. That after the public hearing was closed,
the audience would no longer have an opportunity to voice any opinions
about the ordinance.
The City A::orney then stated that the Council would note that
there was no figure specified for the mini-,^ acreage. That the pro-
per procedure would be for the Council to send a figure back to the
Planning Commission, who in turn, would discuss the question further,
and sake a recommendation on the minimum acreage and return it to
the City Council. That if the Commission should return It in time
for the next Council meeting, the public hearing could be closed and
a first reading had on this ordinance In the same night.
Councilmen Pinch asked why this Ordinance had been sent up to the
Council without this figure entered. The City Attorney stated that
the Commission had, more or less, agreed on a figure of 25 acres, but
am fit not to make this recommendation to the Connell. They felt
that the Council should make this determination.
Coamcilmar: Saich asked Chen Snyder to state at which figure
these was the most discussion. Chairman Snyder stated that, to the
bunt of his recollection, 25 acres was the figure. That If smaller
owners, that is, o ngra of say, five or ten acres, could
cooldne their acreage and thereby meet the requirements of this sec -
t1m6 that the Council should consider how many Industrial park sites
MU299 ity, minim- acreage were less, al- per s could mean many iiduat�Sal
eepires, maybe one or two. It
he Cowneil wished to see In the City.
(ommibelooer Prolloli stated that he hoped there would not be any
halm delay on this oadltarae, that it had been hanging firs over since
ha OWED on the Commission. Ust the need for it essential.
e Bmrrascano, lOr1Z 1)laoil.wr Avenue, Cupertino, stated that
.{bxt Without thin': uN , matt) industrIgLa !'shy away
!bat wk dt±Oiea of Industries tb hslb relieve
bean tae ''ditisees.
COpnCilma- Saich moved that a mini.uir. anr.Sc figure of 25 be
raeossended to the pUML'tg Commission, to be iDCOl4er2ted In Section
L1 at cAtipance lo. 002 (h) . Seconded t,,f Couneitwn Jewett. Also
that their reeoo•endat+,n be sent back to the City Cot"!cil at the
:r!?! secular Council meeting.
Cmmocilman Pinch again asked how this Ordinance could be sent
to the Council without a recommendation. Asked Councilman Balch why
he acid 25 acres. Councilman Saich answered that 25 acres on this
tam mf g, zonin would insure maple parking and landscapimg.thst NW_
�fdhht;;2@u then 25 acres would not be good plannIV.g _
00OW11man Jewett said !� gals that we have 4 this OAUDSWA
d< tism and it Is abaft %I Lb bet it going at�a bkok Co the Plan-
111 s lam to gat . tha; b ' i!RllIng. .
3` }hp the felt p011s blyr teen" five
too�low a�sfi�lre,as the City 1t+ a:-
� ban. .
Me City Manager stated that this was reviewed by the PlWXAng
M;.0 mad it was felt thas.25 acres would be better for an
t too low low s fipue or high figure,you will
sale pat too sany parcels that could fit into the Classification and
catev".
AWSS Councilmen$ Dempster, Finch, Jewett, Salch, Benettl
Sam Councilmen: None
AB=P: Councilmen: None
MMON CAMW: 5-0
At this point in the meeting the fyor mentioned that Mr. George
starbird, former Councilmen from San Joss and the City of Milpitas,
and also Dick Taylor were in thefaudience. teasskCounty
l the gentlemen If they �-
wished to address the Council.
Both Mr. Taylor and Mr. Starbird Evoke on the importance of
getting information to the public regarding !ua c%ming water Bond
Issue that his been put on the Novemo:r 1^1.ot. :t seems that there
are certain faztlons that are confusing ti.e ...sue and the voters in
the County are, consequently, getting a ". =t-±ted picture of what
this bond Issue will mean to Santa Clara V 11^y. Mr. Sta ^bird asked
the City Council if they would authorize cn expenditure of $1,000.00
from the City cf Cupertino to help finance a public info - motion pro-
gram. That the City of San Jose had given $10,(f.0 :)o and the City
of Santa Clara had given $5,000.00.
Councilman Jewett asked the City Attorney if ttr3 City can legally
spend City Funds for this purpose. The City Attor'e; stated that
the City Council may autborhse such an expenditure, cut that it is
limited to 5% of the money &calved to the General Sue fcr the Fiscal
year. That it must be spent for a public purpose affi ray be Paid out
to any agency.
Councilman Deepater moved for a ten minute recess. fte meeting
adjourned, with the Council yoing into a personnel session: 9 :55.
Me Meeting re- convened at 10:10 P.M.
The Mayor stated that the $1,000.00 regr38t use -got Ciscussed
In closed session.
Councilman Finch asked the City Manap %r if ha had any comments
on this donation. The City Manager stated that he dit., but was not
seso to sake them. He would hsv° to check the budget to see If It
would stand a donation in this 01201.91t. Fe a ?.r•.) stated that fudging
OW g4a Jose's donation, they were contritati:Z about four cents per
ila and at this rate, Cupertinotr. eon'crib•ct :un would he about
to sixteen cents per capita.
at* stated stated that the Council woe having an ad-
memetiog�. October 3rd, and possibly it may be
Continua this st aR 1 that tire. Mr. BaalDivd and Mr.
stated they wou1 They 4 MWneldsy nit fir ups Council's
y.� left a eo sa agreement the the other t"o olties
referred to in the the discussion, were going to execute.
i U1 ORDINA)M AND R MUMONS POR ADOPTION:
1 A. oRDIMANCL 002(L): Amending Ordinance No. 002 by Adding
tha Classification 'Plara:ad C^''_ -pity Districts" (PC -8).
Recommended by Planning Cammission Resolution No. 110.
Second reading.
oalF.Counccilmenn Deapsteri O Pinch.. is Oin faandss.be read by title toy
=he City Clerk read Ordinance No. 002 (L) by title only. Moved
Ohm JIM" rinob, eeconeid t+y.cooeailman.Jew tlS tuat,.0ldime:ce
;,. app (L) be eeaated.
ism Oomatlnnt DW* ieui; !inch, Jewett, Smith. Benetti
EM: Comroilment Done
111! t Cormollean: None
H. ODNDUMM 130 (a): Mending.O:dlnWO 130 Md h Relates
to Obstruction oZ Streets and Highways Within the City.
Second reading continued.
Mr. Austin. and Mr. Forge were in the audience and Mr. Forge
stated that he and Mr. Fleaing of the Sanitary District had met with e t�ingsin=theiinspeccttions onhstrreeettoppeeningsricHe stated that the
Sanitary District Board were in the process of preparing an Ordinance
that will, more or less, set forth fees that will be charged In
connection with City participation. The feeling being, that the
City and District work out some agreement, so that double inspections
would not be made, that one would know what the other was doing.
It would provide better control ou street openings. Also a contractor
would be obtained, approved by both the District and the City, on a
yearly basis to haul: up all of the laterals that would have to be
hooked up in the City.
Mr. Forge asked the Council to meet with the Sanitary Board
when the Ordinance was prepared in order to work on it and come up
w'Sth one that would be agreeable to both bodies. It was agreed that
when the Board had something to work with, the Council would meet
with the Board and discuss the matter.
Councilman Saich moved that Ordinance 130(a) be continued. Se-
cooded by Councilman Jewett. All in favor.
C. L. 1. D. and Approving Engineer tofiWork; Directing Prepare-
Lion of Plans and Specifications and Approving Legal Counsel.
The City Attorney vas asked to read Resolution 655.1 by title.
Be then asked the Council for instructions, that this Resolution was
Ia order to be passed at this time. The City Clerk was then asked
to read the petition and the names of the property owners who had
signed, asking for the Jlseessme. t District to be formed.
Councilman Saich asked, since one of the signers of the peti-
tion had passed away after signing the petition, would this effect
the validity of the petition. ft.- City Attorney stated that as far
as he could see, the person who uad passed away, had been competent
at the time he signed the petition, and therefore the petition was
valid.
The City Attorney asked the City Clerk to certify that the
slgastures on the petitions consisted of more than 60¢ of the prorerty
tasolved in the Assessment District. The City Clerk read his ccrtifi-
cation.
Councilman Jewett stated that. be. was not against the Assessment
DJotriet, but wanted. the record. to. show that he questioned the sagineer-
tats Dspartmentrs.havirg adequate staff to handle the Ash..wqnt Dis-
trtmt He stated that he had read Minrtee of a Council ssesirb which
be Add sot attend, that stated that Cou:ellmar* Flitch had asked for
s" a k r poet., le had beam tetoseed that it MCA not be ready until
romeba-Z. in vies of this fact, be wondered if the Sogineering Depart-
memo; hod sufficient personnel to handle the Assessment District.
'!1e City Manager told Councilman Jewett that the reason the street
d y report had been scheduled for November, was that the assess -
mai _strict already.had been given priority. That the Segineering
9U" wam adequate. That it could occur that there may have to be
adptSem a perso.•ael hired, but this would be no more than any other
br?wSms'woidd do, having a specla" project to complete. That
nehr My a survey crew may be nraded to help complete some of the
Sty Ilassder'slso atatpd, that he felt that - the .mgineerIM .
would mat have to 2mt MW work fall bbWX 4 Of aB wamr may
Councilman Jewett then asked if the City ftnegim felt corktain
aWomring Depw6peorm could -ha dle. tbe. distv%Ot,
Manager answered yes.
city Attorney stated tbat since the petition 1018 in order•
des Ifiostimo made by aw City Clerk to tba e; thi
ved, that the Sesolntion was now in ordeYor idop s r
Drepater moved ffiat ■emo3ution No. M5.1 bt �p� as
s by the City Attormy and, that the City Sn6lAft" -M Staff
bm to do the engineering +'"_:.. Also that the City Attorgey
be apsowd as doing the lagp1 worms se
involved in the Assessment Dis-
tri". Seconded by Councilmen %inch.
AIM Councilmen: Dempster, Finch, Jewett, Balch, Sen•tti
halos Counei' —: None
A8MM Councilmen: None
07anellaen Dempster moved for a Minute C; !or accepting and filing
the Certificate of the City Clerk of the sufficiency of signers for
the yetition. Seconded by Councilmen Pinch.
AM: Councilmen: Dempster, Finch, Jewett, Saich, Denettl
NAYS: Councilmen: None
ABS r- Cmncllmen: None
The City Attorney stated that if the Council wished they could
appolnt him as the legal counsel for the Assessment District. He
also stated that the & ieeering Department costs would be charged
agalmmt the Assessment District. These costs will run from 10 to
coou3d do the Council
wished to an legal
" citylClerky
be metborized to sign an agreement between the City of Cupertino and
Anderson
and
The fees would run l¢ Robert
n 1 e
the first$50,0008and 2% on t
the ind
remaer t.
This is the same contract execwed between Mr. Harrison, Mr. Anderson
and tbs City on the first Assessment District.
Csmcilmen Balch moved that a minute order be adopted Instructing
the Ugym% and City Clerk to sign an agreement between the City of
Cuportlno and Sam J. Anderson and Robert W. Harrison, as consulting
atsmengys for the Assessment District. Seconded by Councilman Dempster.
Anft Councilmen: Dempster, Finch, Jewett, Saich, penetti
NAB - Councilmen: None
Ah Councilmen: None
D. SSSCLDTION 655.2: Approving Assessment District Map, Stevens
Creek /1 L. I. D.
Tblm Resolution was conti-nu&2 until the next regular Meeting.
Mond b Comnellman Dempster, 3scOnded by Councilman Balch that the
Ci =gr instruct the h4Sinsering Department to prepare a map
fortion to the Counall, of the Assessment District.
A &mnalls a: Dempster, 1llech, Jewett, Saigh, Denstti
Councilwen: Mons
pounoilsen: Nona
m -„e ._ __&..,ed the Mayor thaw had not read any
Ol %ai 1<ie`n correspondence. The Mayor asked the audience if therm
baY com�m lcations There were none. The Mayor
were army further ver
then read the written cosomaicetions.
1. Agenda for the ABA0 Nseting October 10, 1962
2. Letter from Cupertim Properties dated September 18th,
1962 asking for relief on certain conditions placed on
the 4 -plex lots they are going to build:
3. Letter 8, 1962, Cupertino
sking foe�efion,certaindccndittI=W be:
placed on Tracts 2O and 2860.
4. t*tter from Lrg101s Ot OMWOrnis Cities.
g. Minutes ry R Tmarrsomers . committee Irostiug, of a�pptt. 12.
Ibtter from unit" Bmelow reatival Challowo a ji{M:g -
for City.-patPD mmd donation.
7. ontcondiiions plae" m Dairy t
i balldyMS bl U-Con-
trol.
8. letter from Qmpeitfco Dsoitary Dlstrict, dated Sept- 13th
re Bsyeood 'Aimee , :dft.
9. Letter from OupmUms gunitary District, dated dlept. 13th,
re: Deep Cliffs 12raet 3322.
10. Letter from Charles: R. Baer protesting We pelvlt gmntsd
for Stevens Creek Park, Inc. gas station.
11. Memorandum from City Clerk dated October 1, 1962 regsrdUW
Planning Commission's recommendation for Commissionere Raspy
and Fitzgerald to be appointel to H- Control CQNMttee.
12. Letter from Victor 3. Capps, Attorney- at-Lsm, regesd1%
the possibility of Cupertino Joining in a 'sLter -City
relationship with a Town in Italy, Castlemonte.
13. Report from Recreation Department on Summer Pros am.
114. Cupertino Recreation Department Activity Program.
16�H- Control Committee Minutes of September 25th.
16 Minutes of Board of Supervisors Meeting - Sept. 6th.
17. Letter from Office of Public Relations, 001902 sity of
Santa Clara, inviting Mayor to dedication of Back Shaw
Stadium.
18. Minutes of Santa Clara Plaiudng Commission Meeting - nothing
In the minutes effecting Cupertino.
19. Summary of Action by Santa Clara Planning Commission.
20. Report from Delman Smith, Re- Snyder and Smith - Proposition
No. 23 on the November ballot.
The Mayor asked the Co moll for their wishes on the letter from
Mr. Baer protesting the gas station. :t was decided to met this appeal
for public hearing on October 15th, t :A nest regular meeting.
City Manager stated that he would make a report on the Cupertino
Properties letters on Wednesday, October Std, at the adjourned meeting -
Moved by Councilman Finch, Seconded by Councilman Jewett that
the correspondence be received and filed. All In favor.
VSII.PAYING BILLS:
A. Resolutions 662 and 663.
Resolution 622 reed by Councilman Jewett. Moved by Councilman
Belch, seconded by Councilman Finch that Resolution 562 be adopted.
Affil Councilmen: Dempster, Finch, Jewett, Balch, Benetti
Wim Councilmen: wane
Ate!': Councilmen: None
MDT= CARRIED: 5-0
Resolution 663 read by Councilmen Je•,ett. Moved by Councilman
gulch, seconded by Couml2mom Finch that Resolution 663 be adopted.
AUBs Councilmen: Detester, Pinch, Jewett, Belch, Zanotti
MOB: Councilmen: Nome
All *- Councilmen: Nmms
MOMM CAN=: 5-0
•
�' loo51p OF 0MCEPS Am �Q C@ OMOS^
,a. 4 .
A. Report of Clty T--aas:wer.
Of
gNam�ee Sheet. The a was yas.e �ne City Treasurer stated this
sos an he had to report.
Report of city.lhmager.
Awn•an' iryorlfi •that the City MWInser sae peo"Ved a re-
aecaots anCtWr p2mn oohscnSanddi a tles.�
Imo' stal74'.ioMl jwdobs not feeY.tM�Clty
should b et ?+aoSiM ► IN 1 1, and' motion er q�F�on tf�ar tbi. So = 4 by
to
finch, over od. AWL da favor.
Finch, Setititol�>s j�' t�1�512me:: Dsapit`s.
I t City Munger aslmd for Covuoll approval for the Oity to
add left an agnmeent ss OW9 the e:q+s:me of a sshool s:ossing
2At Clifford Drive and Slaney and Suisse Irrive and Hlaney.
w d by Councilmen'Jawtt, that $M.00 be alloted In the budget
to past the cost of the City's share of expenses for this cross -
2ift 1d. Seconded by Comel3man Dempster.
81M Councilmen: Dempster, Finch, Jewett, Balch, Henettl
!!1a Councilmen: None
S>!rs Councilmen: done
. . .: a -•.
City Manager stated tbac the Sln-ry Sealir•g was complete, as far
as tha Council bad amtbor1W them to go, however, there was still
the section of road between Fighway 9 and Blaney Avenue. They had
recmived a bid of ;2,185.00 from Hay Slurry Seal, the company that
Mid sealed the other streets in the City, and the City Manage r asked
that the Council authorize this extra expenditure.
Councilman Jewett asked if there r•:re enough funds to take care
of this expenditure in trs_ bulg =t. Th= City Manager assured him
that there was money In he Gs nersl ? :d. That this was a special
project, and not allocated L the Budge••
Councilaan Jewett stated that thcuan nee 11 wt experienced In
Leis type of roadwork, he he. driven over the newly covered streets,
awd thought a good lob hed been done. lie moved that the roadwork to
approved, between Rlghway 9 and Blaney Avenue on Stevens Creek Bottle-
ward, Seconded by Councilman Finch.
AIM: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
>♦a: Councilmen: Mone
AE : Councilmen: NOW
The City Manager stated that he had received a telephone request
from Mr. Cheater Danko, Sr. who lives on McClellan Road, wants to
develop a new layout for property he owns, for which a subdivision
m+ DoW been filed In 1937. However, the requiremsntm for subdivisions
am we quite different, eo he wishes to hove thin mop removed fuom
rmeMl and replace it with a new map. no esked that LMT City write
to tea Hoard of Supervimora smd advise them whether or nct they have
mW easements or righta- of -4k T, or p1polinas in *th.Ln: area. Kr. 3torm
pedmtad out the section on Ue map, which seo'i�r. ds presently in the
Csasi'p. He stated that Mr. L-j co had been infcr9ed of the Council's
psj$W that prior to any aom'-aZ reque• +c, 'he property most be smexed
flitpf the City of CuiperUm.
7yeved by Councilmen ltneb, Second-td by Ccu,cilman Jewett that
t@e ag Manager be inmtractea to iisirm the Board of Supervisors
~ W& City of CspertImo has ao pipaline easements, or rights of
jW $a this arse. All la fast.
City Iamapr that he had been aemGmetaa oy aseaQaA
w0s IMbryq �r.�o�C�'.,�iC�"'�Aaee+
• w.a..y w.m biLCl.�hr u IIa�twsy 9 am Nolwo"ad • They Saw for
peralesion to face the entire building with redwood, their 'chirkl g
being that thin would look better than redwood arri stucco finish.
Co:mailasn Rash susgeeted that they be advised to submit a ren-
dering-of whet they propose to do. T!e City manager was instructed
to advise them accordingly.
IIr. Store reported m a meeting he had with Mr. J. ffiecba, James
Pott and III 'Jess nd the County Wale Vmft Department with.ra-
awd to lbo fbet,it. bad been decided that the wieth
of the road s� be ]1bY ierteed of 90# for reasons of safety;
stated that he hsa eoataeted the ornere of the property which would
to be *0 - of- way,.CeOhr ms4 ittlsc% and they were
e to i � nberwerr ,toeteNer for. a- go' readMeP borsver,
bebad beset either Nr. :QeslGSe _
Sinn frould� cob t+eAV "Z net �of�� woulddtreport hotbar
on this at the Oe cretins.
Some dlaollp10Ra11eN s!erar W*,the doste that milli be cbsrgd
apinst the 0M..�wssrum of the exoresswom bonds. Councilman Dempster
asked why the.pra" fpm-80gnis1t1*: of sights of says hd been malt
pmUla when thiz*. #6re famotlatlore going on for dedications. hhe
construction eosis'vd.11 be spproxdmately jo,00v.00: The acquisitions
of rights-of-407 would be approximately ,000.00. The City Maier
advised the Council that these figures were high, that It irarld not
be this costly.
There is a request from the lions Club for the City to QsN
a Resolution endorsing White Cane Days, October 5th a 6th, 1962.
Councilman Jewett so moved and seconded by Councilman Dempster.
All in favor.
The Mayor asked If there would be any monies left from the
Expressway Bonds for major streets in Cupertino. City manager stated
that the Foothill RVresswsy is an expressway and, therefore, these
monies not come from the City's portion of the sale of the bonds.
Councilman Finch asked if the City Manager had anything more to
report on the Civic Center sites. The Mayor asked the City Attorney
If it was legal to discuss the matter of Civic Center sites in an
open meeting. The City Attorney stated that it would probably be more
advisable to discuss this In closed session, since the property omsers
might up their price if they know that the City is interested in their
property.
C. Report of City >bgineer:
The City Engineer recommended that the Clt; adopt Resolution
644, accepting 'Qudtelaim Deed }nd Authorisation for underground
Water Rights, Tract 3243, Baywood Terrace, Unit No. 2. So moored by
Councilman Saich, and Seconded by Councilman Jewett.
Affix Councilmen: Dempster, Finch, eewett, Salch, Bsnatti
NAlSn Councilman: None
ADMIN1': Counellment None
E-01-0 0t�;.l;�!�� :jam :.tell
City Engineer recoaaaded that Resolution 665 be adopted approving
the final mnp, etc. of tract 3322. Deep rl.tf• Estates, Unit No. 2.
City Dhginser to sign after approval by Sanitary L>' -Iet Beard meeting,
Ostobes 3, 1962, and Signed b7 Sanitary District Engi.naer. 4:_ Wnved
by ommilman Dempster and seconded by Councilmen Saich.
AUS: Councilmen: Dempster, Finch, Jewett, Saich, Benettl
IIAJgr Councilmsn: None
ASSM: Councilman: None
!be City U491100dir reported that Western PyI.0099NV had ra-
gWted an ntenslm oo4t to October 4tb are the submersible pump
tessellation. Certain d irgo-8 in intaapdtation of specifications
haw been the major reesoe for this delay. 'lhe City anginser stated
ttrt these diM M O bmd laves 1"olveds. led 9960=m td" the Council
apI�Srm the¢.. hie moved %F b Rwoh, eeocc4ep
W W
by pemncilman Dempster. All in favor.
The City Engineer stated that he h2d a question to asked the
oeil. That he had received ord from the former City Engineer
T certain projects rare reany for acceptance by the Council. The
y Engineer was wondering if tha Council wants his staff to double
Lek these projects or to consider that Mark Thomas' i.nsplctions were
fieient. He mentiot:ed one instance whera they had inspected the
Waalltb at Oemeo and fo'md cracks, that poseibly should not have been
maid. H6vever, he stated that b- knew what to do about this sort
e situation, cracked sidewalks, so it presented no particular pro -
r ftemollaan=Plash stated that it was his nndaletendiug that the
s rttpuld belie tin insbsatlona !f!r tha• pro -
t�st` had" bN6 V002600, NtlU they *M* tha alty M6100M " Be
A5at Shia was :taw -+ -!, isibilitY'siod that their intiapsethc *
4fteW ust have to be dod Ua *backed by ear e109110esslng sYAM
1.
councilmen Jewett stated that he felt that th► City Engineer shout
aft dean with the eoasalting engineer and work out these problems .
ft M aat by Cou cilsen Jewett, Seconded by Cosneilasa Salch. Conrociiman
Plush than stated that to thought that Mr. pleming should be advised
that if and when be does consult with the City Engineer, there will
be ao additional charges to the City. All in favor.
The City Engineer then asked Mr. Charles Baer, who was in the
audience, if he would like to talk to the Council about his problem.
Mr. Baer stated that he was coming to the Council for assistance on
a problem he was having with the State Highway construction on Highway
9. It seems that with the widening of Highway 9, there has been no
provision made for an entrance to his service station from Stevens
Creek Boulevard. There will be a curb. If there is no entrance pro-
vided, he will have to abandon his service station and ask for severance
damages.
Councilman lempster suggested that the City Manager and City
Engineer get together with the State agencl and see tf this problem
can be resolved. :lte City Nansfer was so instructed.
D. Report of City Attor-Py
The City Attorwry asked for the adop"n . of Resolution 661 aithor-
iahag the City Clerk %ad City K4 nage: to sl;n an agreas^nt with the
City of San Jose, shtring expenses for the sc 1.,31 crossL.9 Euard on
Dlamey Avenue. the agreement states that the C;ty of Cuptrtite will
receive one -half of the cost of the salary ft. tnis guard plus 15%
for overhead. T1e aSeement w1:; be (u a yearly basis, :rely, 196-2
to July 1963, renewable annurily.
Councilman Saito moved for the adoption of Resolution 651, se-
conded by Councilmen Dempster.
ATES: Councilmen: Dempster, Pinch, Jewett, Saich, Benetti
WIM: Councilmen: None
AMMM: Councilmen: None
MOTION CARRIED 5 -0
Z. ARCHITECTURAL R SITE CONTROL.
A. STEPHEN GA2ZERA, JR., Application 53-A & °-62: Addition
to tho existing S1 Dorado Cockta!1 Lounge at 19930 Stevens
Creek Boulevard, to ,>a used as a p;.6wfe liquor store. Re-
com mended by H- Control. Conditions. .Mrpjtes of Septes-
ber 25, 1962)•
Mr. J. Bollmen represented the applicant and explained to
the arty Council what Mr. Gsanera Plana to do. It will enlarge the
palrent structure by some 1£00 "eet. They W.11 sell pnzkaged liquor
In t& %ae premises. They had :,awn given certain requixtuents by the
28114119 Department, mainly th:o:yih t:w Fire Wrehall, one hour
son 0 a corridor with an exit light. These requirements are going
to be Wt. Also that mW additional air conditioning ducts will not
Masai the hieight of topes already installed.
Moved by Councilman Stich that the application of Stephen nazzers
be approved with the conditions as stipulated in the Minutes of the
H-Csnuol committee of September 25, 19G2. Seconded by Councilmen
Jewett.
AMM: Councilmen: Dempster, Finch, Serett, Saich, Benetti
NA7S: Councilmen: tune
Ate: Councilmen; None
A. County water Commission - covered earlier in meting.
M!. Mlscallaneamm
_u .--W7::�ti:.:.
A. Miscellaneous
XMM ADJOp1MTh Moved by Councilmen Finch Seconded by Councilesa
Saieh that meeting be adjourned until 8:00 P.M. October Ord, 1962.
APPROVED:
/S/ John Denettl
nor
wrens ce K. Martin, City r r-