CC 01-07-6310321 So. Saratoga- S!muyrvale Road AL 2-h505
• CITY Or C U P E R T I N 0
Cupertino, .P.li ?::a {i
MINUTES OF TM PJMUTAt ME=INO OF TLE CITY COUNCIL - JANUARY 7, 1963
Place: 10321 So. Saratoga - Sunnyvale Road
Time: 8 :00 P.M.
I SAI TR 10 THS FIAO
II DOLL CALL: Coureilmen Present: Dempster, Finch, Saich, Benetti
Councilman Absent: Jewett (arrived 8:18)
Staff Present: City Manger, City Attorney,
City Engineer, City Clerk
III MIMOTI;S OF TJ$ PRBVIOD3 MEETING: December 17, 1962
It use moved by Councilman Saich and seconded by Councilman Finch that
the Minutes of December 17, 1962 be approved as submitted. All in favor.
IV F=MP OF THE PIARKNO CORM33-TON: (See Planning Commission Minutes
of December 26, 1962.
Chairman Snyder reported that the Planning Commission has decided to set
for Futile hearing the selection of the Civic Center Site. The Commission
It this to be the most appropriate way to handle the selection.
The following additions or corrections tk.ve been made to Ordinance 002:
Change M -1 -H to M- 1 -P -H; and in Section 8, change the title to read: Approv.
of Application of Building and Use Permit. The above listed changes have be-
incorporated into Resolution 122.
The City Manager has contacted the elementary school district to arrang,
a meeting with the Planning Commission, as re•4i:ested at the last Planning
Commission Meeting.
The Commission also dlecuseed the possibility of revamping the H- Control
Commitee, and perhaps getting some provensiona: people to volunteer their
time. The Mayor asked if the City Hanngor cant.' comptle this information, a:
the City Manager sa'l it would be prepared. '.1- WLayor also suggested that
perhaps the tree ordinance might be includes :,i tt;e It Control study.
V ORAL AIM WRIT'iKh COMMUhUCATIONS:
A. Written -
1. Proud Eases, Inc.: Requesting review of Ordinance 216,
re,uiring assecamcnt of $50.00 per unit toward Wolfe Rd, bridge.
Kr. Ivan Weisel, 1617 E. Santa Clara, :an jose, appe3re9 for the
iplicant, stating Proud Homes is willin-1 to make a contribution of
t feel that $50 per unit is excessive.
Councilman Dempster suggested that the City *; :nogg and City Engineer
meet with the applicant to determine if an edjlsttnent can be made.
Mr Weisel said they would be applying for a building permit, and
asked if the permit could be issued, subject to the conditions of the
meeting.
The decision will be reported at the Thtusday, January 10 meting.
2. Petition for Annexation - Resolution 690 Pruneridge.
The petition is signed by owners of not lass than one - fourth of the
land in the territory described in the petit ?on, and less than twelve
registered voters reside within the territory.
It was moved by Councilman Sal ^_h and sere-ded by Councilman Dempster
that Resolution 690 be adopted. Motion carried 5 -0.
3. Letts from Mackay • sa4a re Application 20 -T -9-62. (This
` item is covered in VIIIA.
1 IL There were no oral corm anIcetlarA.
'JI PUMIC MRIM3
A. Annexation -y ring: Eaton 62 -1 Revised (Ordinance 224 -First e
Reading) .
The City Clerk :eaj Ordinance 224. The City Attorney stated that
reading the ordinance ccnstituted a public hearing. There have been no
protests submitted.
It was ring moved beJCCrsell Notion carried reconded
The second readingsofcordi-
that the bearing
nanee 224 twill take place January 21, 1963•
VII O1 " I I AND R3SOLOTIONS FOR ADOPTION
A. Gediaance O02(0): RepsillM Ordinance No. 002 11) and Amending
ntstrict, (pC-H by Adding the Classification Planned by P. C. Resolution City
"a ;tty Attorne. recommended the changes of the Planning commission
be aeteptsd.
It was coved by C;uncilman Saich, and seconded by Councilman Dempster
that tht sieeommendation of Planning Commission Resolution 122 be accepted and
adopted as part of the ordinance, and considered fart of the first reading.
Motion earried 5-0• Second reading will be on January 21, 1963.
H. Ordinance 2C' Approving the Annexation of Certain Contiguous
Onlnhabitei territory Designated "Pasadena 62 -4" to the City of
Cupertino. Second Reading.
TLis is the- -=exation of the Mater Works.
It was moved ty : :uncilman Jewett and seconded by Councilman Saich that
Ordinance 223 be rea- ty title only. Motion carried 5 -0.
It was moved t :_,mcilman Saich and seconded by Councilman Dempster the
ordinance 223 be er - -_ed— Motion carried 5 -0.
C. Resolution Authorizing the Cremat'_on of Certain Paid Bonds and
t:oupons, C'-:-. ,:f Cupertino Water Revenue Bonds.
It was moved t. -_'-.ncilman Dempster and seccr,Jad by Councilman Pinch ths;
Resolution 688 be a- ; = -.mod. Motion es=ried 5 -0.
D. Eear "ution Institut.ng proceeul - -ca to Exclude a Portion of
Uninhabited 1 i-rit:? = esignated "rt_e- E- xclusion
It was moved `- __-- ,cilman Demote!:' and spec Jed by Councilman Jewett
that Resolution 69; c. tjopted. Fo:ion carried - 5 -0.
VIII PIJIMNO COAL - ?c =ON ACTIONS F-FJ IRINO COC17C.:. ACTION
A. Mackay & S: -s: Application 20 -T.M. -62 for Tentative Map •
Approval; r, _ohs, south side of Rodrigues Av,anue, extending to
McClellan. :proved by Planning Commission (north half of sub-
division n_. : -t rezoned).
A letter was re:e'_ved from the appiicznt stating their intention to
locate model homes t._ _Uta 83, 84, and 35. A man was attached.
The City Engine=, after checking the map presented to the Planning
Commission, found tu.- '_ :ems missing:
1. Name and aC±rtss of owner
2, Iaprovemen: _: Rodrigues Avenue
Mr. O•Connell fr_a ]hson linos, stated they 11::: agreed to dedicate and
improve Mr. Chow's ,-_perty.
Council requested that "improved' be shown on the map.
CompCiLan Saich asked about the statement "north half of subdivision
not yet reaomed ". The north half of the property hike been recommended for
rezoning by the Pla =:- Commission to the City Council-
-2-
no City AttemE suz�estod approval be su;.4...; -. `� rezordnw grid that
X12 consider a x :c_te 6,,-dPr for conetn :et'_on of pilot. loosen with. the
115dition that they ^"t all ordinances of t?x City.
It ems moved by Ccu,1ciliman Dempster that Application 20- T.M.. -62 be
approved, subject tc rezoning. Seconded by Go+ncilman Jewett. Motion
carried 5-0.
theIt
h#d]Cing Departoect beiauthorized�tonissue wilding Permiitsafor ethetmodel
h01W, =%SWt to all City Ordinane" and approval of the City Engineer.
Motim 0*~ 5-0.
Ile : ssras
A, = smoL ncas 686 s 687
Zt.mas moved by Councilman Finch, and seconded by Councilman Saleh
that Swolntion 686 be adopted.
ASs Councilmen: Dempster, Finch, Jewett, Saich, Benetti
Ifims Councilmen: None
ABMW- Councilmen: None
It man moved by Councilman Saich and seconded by Mayor Benettl that
Resolsstion 687 be adopted.
AMTS: Councilmen: Dempster, Finch, Jewett, Saich, Benetti
UUM: Councilmen: None
ABSWT: Ccs.__lmen: None
X RgpM OF TIC C ?PICER,S AND CGMMISSIOhu S:
A. REPORT 0? CITY TRBASURSR
Letter received from Valley First National Berk
B. REPORT C? C_I'Y MANAG —"
The City Marazer and City En;ineer met with Mensrs. Campen and Enoch to
discsas relocation--, utilities on Highway 9. the City will be permitted to
check and verify are charges submitted.
The School District Hoard ethetco City storm
drainage aaounting t.: i_',92u•50, provided
ment are met.
Tbere is a non - conforming business operating within the City of
Cupertino in the M, :n :a Vista area. They have build material sheds and are
selling eateriais:
Councilman Fineh asked if the area had been recently am :cxed and learn
•hat the building was constructed in the last six months.
for ae�11aSeccnle' matter be Motion carried City -. Attorney
Regarding the charges made by the former City "Zigineer to developers.
The developers are cot in agreement with the statement.
The City Attorney, after studying Ordinance
and the 47, pointed out that besir'•
this Is between the former City Engi
E{�er,ithe Cl-,Y Attorney ife t the toblisbt'oneIstfromethe City dty "te the enr.
Councilman Deecster stated that the initial fee had been paid, and the
conflict arleea a1A the aeflttional fee, d :a•a' s'rduld near both sides to
detersdna if the fee is reasonable.
lbere are tree claims: Mobile Station., Portal Plaza and Baywood
Terssce.
Councilman Pinch moved that the former C1t :I Fry;ineer and the three
develops" protesting charges be present at the J -2n!ary 21 meeting to Ares:'.
their claims. seconded by Councilman Dempster. Motion carried 5 -0•
-3-
The Regnart Crook fence has bcwn cw•red alicad until the Januarg 21
meeting of the Board of Supervisors. No action has been taken as yet, but ,
indications are not favorable.
T4r_• matter of an Increase of one cent gas tax for construction and
saintemance of City and Count„ roads was presented to the Hoard of Dire -tors
at the League Meeting and approved. To date there has been 140 titles out
of 380 that have submitted resolutions fav,ring t.da. The City Manager
asked that the City Attorney prepare a resolution urging that the one cent
I=Memme be pursued. The Council authorized the City Attorney to proceed.
man Salch asked Council their feelings on selling bonds to
Traffic Ways Program. He stated that he was in favor of doing
the price of land is golr4 up, and buying lands now will cost
will in a couple of years.
City Manager reported that the Grand Jury has made the suggestion
Tits bond money be sold to get the expressway underway. The Department
pt ft
a Works thinks this premature because they have not acquired all
the sdahts of ways.
Councilman Dempster felt the Department of Public Works has the right
to sell bonds if they need more money, and it is his understanding that the
delay is in determining a reasonable pri.oe of land.
Councilman Finch believes it wise to wait further information.
Councilman Saich moved for recommendation of speeding up the expressway .
program. Seconded by Councilman Jewett.
AYES: Councilmen: Jewett, Saich
RAYS: Councilmen: Dempster, Finch, Benetti
ABSENT:Councilmen: None
MOTION FAILED: 3 - 2
Councilman Dempster would like more information before making a
decision. Councilmen Finch and Benettl agreed in principle.
Councilman Jewett felt no harm could be done on a recommendation meant
only for guidance.
Councilman Dempster asked If there could be a letter from the Departmen'
of Public Works stating their position regardi.:-- thn :ccommendations made
by the Grand Jury.
C. REPORT OF CITY EtiOINEER
L. C. Smith - Bond for Completion of Improvements (Tract 288011
File Cup. 60 -19).
In June, the L. C. Smith Company posted a bond insuring the
completion of miscellaneous improvements within Tract 2880.
These improvements have now been completed and accepted by the .
City and /or arrangements made for the City to perform a portion
of this work.
The City Manager pointed out that the Rousseau Company were responsible
for this tract. L. C. Smith appeared before tho City Council and asked
to be permitted to put up a bond and finish work. This does not release
the prime subdivider which is Rousaaau. They are still obligated.
Councilman Finch moved that L. C. Smith be permitted to notify their
bonding company that the bond may be released. Seconded by Councilman
Jewett. Motion carried 5 -0.
D. REPORT OF CITY ATTORHF.Y
Regarding the agreement on Nomestetd Ilig :i Drainage, the City Attorney
referred to Paragraph 4 of the Agreement.
---- - - - "if City fails to provide the neceoaary facilities to take care
of excess storm water or run-off as provided above it shall compensate Distr_
for any damage resulting from such failure ircluding any cost or lishtlity
that District may incur as a result of said failure. - - --
y.
-4-
T9e City Attorney felt this clause shonld be removed because it would
pplacing primary obligation or one ireuta,rre company against another.
review had been made of installation of dry well's at City expense, and
the City Attorney felt that if credit wze gtw n, then this would make a
double deduction.
Council authorised the City Kanager to inform the District of the
reasons for the slight changes in the agreement.
Regarding the Herion Roofing Company matter, property owners are
protected because the variance is subject to a guarantee of workmanship.
A. County Water Commission
There is a meeting January 9 of the Finance Committee.
R. Miscellaneous
Mr. Ramona, representing Mr. Fame of Lea Tom Hnterpr.Lses asked that
his client be included on the fee adjustment study conducted with Proud
Homes.
It was moved by Councilman Finch and seconded by Councilman Dempster
that Les Tom Enterprises be included on the initial hearing. Motion carried
O.
I ZEN BUSINESS:
A. Klecellaneaus
1. Division of Highways
The City Attorney reported that the City has received a Budget Proposal
for Engineering Funds. It is necessary to adopt Resolution 692 to receive
$2000, which is the standard allotment.
It was moved by Councilmnn Dempster and seconded by Councilman Jewett
that Resolution 692 be - adopted. Motion carried 5 -0.
2. Commissioner Fitzgerald reminded C::e Cour.cil of the $3,000
appropriation made to the nh:mber of Commerce. The seco:'4 half of the
amount was scheduled for the .. °irct of the year.
The City Manager asked that Commissioner Fitzgerald submit a letter wit
hie request.
XIII ADJOURNMENT
It was moved by Councilman Pinch, and seconded by Councilmen Jewett the
the, meeting be adjourned until Thursday evening, January 10, 1963 at 7:00
V1 in favor. Adjournment 10:00.
hq"ri T:
�C- t non, CityUTer.0 - - --
-5-
T n nr. Denettl
mayor