CC 03-11-63i
z
1-0221 So. Saratnp- Sunrtyvale Road 252 -h505
C 27 0;' 0, LP3 1. TI NO
M:IP.CTES OF THE RWUrAR :Sii.'Ti'iWM) MIL71 11!7 ON TN.fs CITY CCUrCIL -
MARCR 11, 19,3 (Meeting adlouer ni from Parch 4th, 1963).
72: 5:00 7.M.
PLICR: 10321 South Sarntoga-Sun /vala S:ad
I ROLL CALL: Councllmen Present:
Councilmen Absent :
Stnff Presents
Jewett, Saich, Henetti
Dempster, Pinch
City Clerk, City Engineer, City
Manager's Secretary, City Att•, --ney
Berore getting .to, tbe eaeada, the Mayor brow to the Cour_eil's
aw:sotion that the City of'CUpetbitz was being saluted by the Su- ,uVvale
200 Club on March 16, 1963 at Cervantes Hall, in &at®yvale. Slat
the City Council had I invited to a dinner honoring Cupertino on
this date.
II CRDIMIIME 227: Approving the Annexation of Certain Contiguous
Dainhabited Territory, Designated "Pn:neridge 1, 62-6" to tin
City of Cupertino; Second Reading.
Since there were only three Councilmen present, this item was
moved to later in the agenda, at which time another Councilmar would
be present.
III PETITION FOR A: SSSSMSL Y DI .:i1CT, Tract 3277.
This matter had been brought to the attention of the Council at
the March 4th -.eeting. The Gity Manager had been instructed to report
to the Council on the ad,.isabillty or' app^ovlrng a petition from a
developer to farm a Special Acses�;ment District under the 1911 Act
for off -site improvements.
After szme discussion about the City Yan!igeric report, the City
Attorney wcs s; +.d as to the legality cf this type of petition. He
stated that r, knew than t!x- City of Sir lose vas in the process of
handling mu ":-'71e anse3a =_-nt c!,strit' -.;, tt..y averazed at.out fifty a
year. These -._re eeslgaed prim ^ily •, .letu+ cp h -1 areas that had
become run As r -&ar?a .:.•• one than wAs pra3ertly h_,'^re the
Council, he - -it ti.ey were • s•r•,-, the be _JL ",nss the Creek as a
talking point, the faclin, ba :r,f tArt t5., cl:y could get m a e help in
the conatruc :'_:n of this trl'..- h - Y, s
.r^In_ �a e>- "c.uent District.
.c y
Counc•_' -an Jewett moved that in view of the dia,u:,nion and the
fact that C.:ertino would be alone in thin type of venture, that
the request .-- a speclal cssessxrt district be denied. Secoaded
by Councilman Saich.
AYES: Councilmen: ;,ewett, Saich, B:ncttd.
VAYS': Covimilmen: None
AE3KWT: Councilmen: Finch, Dempster
MOTION CARPUEI : 1-0 - 2 ABSENT
IV RESOLC;_JN 3RANTIM3 CONSENT TO C01_3- Tr'JCT ZANITARV SiURRI AND
CONSShT 70 T ti WORK AMID FORWATION OF LIP NO. 9.
There was considerable discussion with regard to this Resolution
and it was deaidcd that tt would be effected by cha enacting of
Ordinance No. 130 A, wtd the,•efore, the Oruinance should be discussed
before the Resolution is passed.
V ORDINA10E 130A A4'.B :7 :1- ,'..W,.. ORDINANCE 130 W11iC11 RiMATEi TO OBSTRUC-
TIONS OF S4ri _S A r) N.+12WAY3 W:LTE.^.'I '!a: CIT ?.
Councilmmn Jewett states that !:c wan in agreement to adopting
the Resolution prcvlded that no street lateral° are involved. The
City Attorney stated that the cc:ntract for the laterals and the con-
tract for the rainz are two separate items. That generally a home -
R ,- will come into the City for a permit to install a lateral and
be xupuired to post a =50.00 bond. However, this resolution covered
a specific Atsessmant District and it could nor-, be determined whether
them were :: era:s involved.
Mayor Eea tti asked if th;. Sanitary District had to pay a
for a permit. The answer, was Do. He further ctated that he fc
that the City would have a right to inspect any work done by ttk-
Sanitary Dist .t and thereby protect the City in seeing t)-it th,
woeic was done properly.
Councib= Dempster arrived late. ;:35. Councilman Dempster
asiod to be brought up to this point in the meeting.
Councilmn Jewett s I * @ tbst, due to the urgermy of Resolution
1s. Ms that it be adopted. Seconded by Councilman Stich.
'2be Mayor then stated that it does not give the City autbcti;ty
t pervert fop, ltbxW the passage of Ordinance Ito. 13CA. Ato
'� from the Sams Mstriet befoorelthe passage of Ordinancet
m. 13JR.
'the City Attorney anted that he had been told to prepare this
aamamee by tre City Manaase and the City Manager had not gone into
r, amd there1ore, he, the City Manager as regards fees Rowwverr,thecCty Atto�did rsuggest
that an extra paragraph be included in Resolution No. 723 which would
enable the City to collect fees for permits.
Councilman Benettl moved that the Motion made by Co•.rncilman Jewett
be amended to state that a paragraph be included in the Resolution to
enable the C1t to collect fees.
Councilman Jewett asked 'if, in the past, we had collected any
fees at all f^v the sanitary District for permits. The answer was
no.
Mayor Benetti staked t;,at the fees were incidental. The poirs
was to give the City the right to inspect thcce gobs. The Kiyor =clt
that this wcul_ dive the City an added protection.
Councilsn Jewett asked then if this Pesolution were passed per -
ta ning to the oa_ns and if Ordinance 130A were enacted pertaining to
laterals, t`.-'s would give the sty fall ccv- Ze.
Councll�-- Jewett moved that Ordinance 13 ^)A Je read by title
only.
The City : -erk read: ORi.'!?ONCE Na. h;h GfiDIitiTtCE OF T9K
CSTf OF COP e.: :C. ArMIDING OEM:!,,LW_F. go. 13.: Y!IICN R3ATEZ TO OW''S3CTIOY
or - "PJMTS A)C = :;RWAYS MIMN THE CITY.
Councilman jewett moved that Ordinance h'j. 130 (a) be erected.
3eeonded by Cc•.- oilman Stich.
AM: _ncilmen: Dempster, Jewett, Saictl, Berettl
yLyg: .. uncllmen: N:e
AggEWA: :_wicilmen: Pinch
WrUW CAMUK- -. 4-0 - 1 Absent
Councilman awett moved that in view of the fact that Ordinance
No. 130 (a) ha teen enacted, that the Resolution No. 723 be adopted.
Seemoded b. Councilman SaIch.
Me Cit, Attorney suggested that on page 2, line 6i after the
word 'street , Vat the following phrase be inserted: Including
house laterals.`
AM Councilman: Oespeter, Jewett, Stich, Benettl
mug Councilmen: Acne
Ater C=icilmen. Pinch
MORM CARRIED: 4-0 - 1 ABS M.
At this point in the meetdna, Item II, Ordinance 227, quoted
e Sa the &:mutes, was taken under consideration.
s _ 2 -
s
eoQScilman m:•ed that Ordinane� No. 2' 27 be read by Title
cnly.
Wbe City Cl_ra .read: "ORDL "AW.r W. 2:7, " :W ORDINANCE AY `.%)VINu
TM AWJ ATION C- '3:idIN Co?n7trS. FJS Mil,;MrEI 'TED T&L1112017Y, DAB. - :-
NaMW iAUW=U=-- v? -6" '1\? i.M C-1W ON rJPr2n!!H0 IN ACCORDAW P
VX= 2W PACVLS =C I: OF SEC.'ZOY �>-40U ET 3:.d. (: TITS OOV&JMEiT COLS
OF 1s RMTS OF CS_T? FJiIA ".
$NOW11onn ;e.e.t mnved that Ordi:mn:e No. 227 be emoted. Se-
eds" 1y Cotauilmn Dempster.
A3JAt° C- cSlmen: Dempster, Jewett, Stich, Benettl
Cam llmen: Mane
AMWbw Comcilmen: Pinch
! '4MMEM: 1-0 - 1 Absent
VI CM 103I1MM 13PORT:
Clummellsen ie.—_3ter that Item 1, under Recommendations of the
Oise sneer °s z--,c--t regarding authorization of the preparation of
comiaaet documents &-Id advertising for bids, be approved. Seconded
by Csumellman Sa:ez.
A133: C_ -zi climen: Dempster, Jewett, Saich, Benettl
NA=_- C_'_.c/lmen: None
ABffAW: C. _c1.1:ten: Pinch
MD ff :.ABATED: - -_ - 1 Absent
Comeilman :e -Z-ter moved that Item 2 I:nc'?r recommendations on
Rotst�s Avenue = :-.._:: be approved. Seconded ly Councilman Jewett.
AY35= C. =._-__Lien: LWspater, Jew•w_L, :a1uh, Benetti
NAi;: Cc _ _.-ien: Yore
ABSZW= .__.___xn: firs:
MO'L7S =ARRIED: - - At'snr.=
Ccmncilman 13OVe.1 t!_a fr.o._; :,. :. ? 724 Le adoc•tr1. Se-
condeG i Co.nc'_r.: 7ewett.
A =: �c -r.: ti- mss'_ +r, Jea.•.:. _"1-ch, P_enettl
W7_'LX CARRIED: - -_ - 1 Abse-�:
C*;zncilm n -t moved tlat Re3olutlon :._. 725 be adopted. Se-
corded by Coal_=' ..,emn3ter.
ATM: C :�.c_imen: Duster, Jcwect, Saich, Banetti
NAYS: C :_.c_lmen: None
ABSil: C_ _rumen. Pint
ll4'l'MW CARRIED: - - 0 - 1 Absent
Comellman :e*-tt moved that Rezolution No. 726 be adopted. Se-
comCed 3p Councl_s-. Dempster.
ARllse rellwen: Dempster, JaweCt, Saich, Benettl
NAI0a F`_.c:lmen: None
Ccccllmen: Hach
MOIL CARRIED: - - I Absent
Cmmciluen ?eap3tcr moved that Recolutiov W. 724 be adopted with
tis emdltion tlr-: i-ngrovensnt plans be acce;r._�J subject to the developer
seasistjrlag requiti ,Xits o+ the °anitary 1`istrict. This was amending
flxW* soCion to e:�.Dpt Resolutl�n Lo. 7217. S"=ided by Councilman Jewett.
All Sow.
:vopater moved flow adjournocnt. Seconded by Mayor
2ed: 6:15 P.M.