CC 03-23-64
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1032) South Saratoga-SUM;1ft1e Road
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252-4505
CITY OF CUPBRTINO
CUøert1DO. caurornia
-.ruS OF 'IU ADJOtJRNI!Ú JUIIUUlI CITY COUNCIL MBBTINO OP'
IIIJICB 23rd. 1964.
Benetti, Dempster. P1nèh.
Sa1ch
Jewett
C1ty Manager. C1ty Attorney.
C1ty Bn61Deer
~.¥ . !be III!tIt1ng _II ~.A11'" to order by Vice-llayol'>P1Dcb in the
:-, . of' IIIQor Jnett, at: 8:30 P .... .
" Y1ce-lllQor P1ncb ___ tile- City Attorney to reV1_ the
-..a111tlons tbat had beeD ~ 1....s in the matter of' ft11.co Park.
The City Attorney Iltat:è4 UBi: he,_e allked to prepere a
aa I.t to get the juriscUct:1oDII into the street pl'Og1'8111 wb1ch
-~"'ed. Wolf'.. Road. St.- Creek, Homestead, Tantau and l-nme-
r1dp.
mu. CALL:
Councl1mom Present.
Counc1lJleD ÜHD~
Sta1'f' PI'.. '*'.
D8DDlTIOH 11). 923:
The resolut10n reViews the improvements that are "..eded and
_ been submtted by the App11cant and his Attorney and pro-
Y1ðe8 that the c1ties 01' Santa Clara and Sunnyvale take steps to
iaIprove Home$ti!&d Road. Cupert1no. San Jose. Santa Clara to
1IIprove Stever.s Creek Boulevard. It requests the County of
Sa::ita Clara to act as coord1nating agent for the var10us c1t1es,
:a:gely beca:lSe the County is acceptable to sll part1es. It
~ not co~: any funds of' ~he C1ty. it directs the 1nstitu-
~~~ or proc~~j!~g8.
Counci:=a:: Sa1ch asked what would happen if all the c1ties
~ not coopera:e? C1ty Atton1e]" stated that the C1ty of
~rt1no wc,,:':' then have t:; sue up what they had and f1gure
J__ the adJus:;;:¿:1ts from there. The C1ty Att?rney advised that
~ ~he Council is going to =~e:¡ en "posSibilities" of the
~, 1t w:~:~ be better !~r th¿~ not to go ahead w1th a
,_ ~...gram of tt..:.s t,-pe.
V1ce I'.a;.-cr Finch abk=d Y.r. .alter "ad of Vallco, 11' his
~y was a,;:,eeable to this Resolution. ~Ir. Ward's answer
... in the affl~t1ve, stat:r~ t~.at th1s Resolution was a step
~ the d1reo:1o"- of complJ1~g w1:~ the eight recommendations
,. .;>Dsed to ::-.= Councl1 at tc.e ::>eat1ng of M~rch lOth.
It was 3~ested by the V1cf:-Mayor that before any actions
~re taken o~ ar~ of the docUQents presented to the Council, that
~ review a1: ~f them and back-track, 1£ nacessary.
EBSOWTION 11). 924:
Th1s Res,,¡ut1on 1s a lltandard fòrm añd author1zes the
.~ of ðu.,;;reement by the Mayor and C1ty Clerk, that the
C1~ w111 en..r 1nto w1th vall=o.
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C1ty Attcrney Anderson 1D1;roducec1 Mr. Harry Blake, an
At~ey troc San Matec, Iltat1ng that he and Mr. Blake had
~ f'or the pur¡>ose or reort_1Dø tb1s agreelD8nt.
'1'h1a is an agreement between the City and V&llco under
_,ph r1ghta-ot-ways are decUcated for Wolf~ Road for the tull
~ for the construction of' ft)U1' (4) lanes w1th 1mproveEnts
_ required by t!:e C1 ty . It f'Urtder prov1des tor lias Tax aDd
Sta~ A1d IImds 1n the amoun:O of' $56,000.00.
Counc1lan Dempster aaJred 1r the C1ty would have $56.000.00
Sa e1the:!' of these 1'unds ~ 1t will be needed?
fta City Attorney atat:OlS tó.lat, according to this agr.H!III8nt.
U. a.t:¡- 1a co.1tt1ng it!IeU 1;0 the extent of '56,000.00. X1'
. _;..'*.,....J!,... wøtbob1l, e P1'OJ~ sa ~ Counoil's o?~"ion, j¡J:,:. :..::
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dais DOt ua t:~:' "œt 1'uncl the .o:n1es come from.
It was a.;...-"ed by tbe Council, 1f this be the c.'.ase, then
u."aas Tax J".öXs" and ·Co1lier-Unruh funds· should be deleted
rr- the a~r.t, in covenant Ho. 4.
Process of matching t'Imd8 can be transferred from one
..-. proJec. ~c another in the sel"a; system from ;year to year.
aJ1 or these streets are 1øter II(';ven. For that purpose tb1ll
_ lit cc.its the C1t7. DOt only to Wolle Road. but al80
-, ... over 1;C HolDeateed ~, !'antau and PNner1dge. In the
, '0 It 1a calcul8ted tœt 1:be _tcb1ng tunds be put up by
fa. ct.t7 of' Cllpertino to 'J187 ~or Ua share ot 1l11Prov_t to
!:Cu.., 1Ioù. 1'al1co w111 JI87 to the Cit7 Sll7tb1ng up to
"COO.OO to be \IIIed f'or'tJds paI'POse. In thia -7. the Cit7
lave $99.000.00 to-.. w tile State for _tch1n8 f'IIndIJ.
Counci1JBn Dempllter eaked 11' this wulS not c~t the
CU;r -ol' Cupeñino to ,--&v.6 ___teed Road? There _II -
L ,Uon as to whether ~ Road could quaUr,. under
1*8 '.A.S. url8n extens10D ...~_. The answer _a that it
11". That CUpertino wJll14 oaly be responsible l'"r tholle
~1II 01' ~rt1no on a..nteed Road. vallco w111 contribute
.. to $99,OOC.':'~ for IIBtch1Jls t'unds.
'l'bere a..-" no actual cost f'1gurea for Homesteed Road. /Cr.
Spl1tatone. o! :ii!orge Holte'. ?l>gineer1ng til'lD, stated that their
est1Jate of ~~.a i:nprovement costa. they felt, were pretty close
to t.be $99,OX.:O figure. 111'. Splitstone went on to say that
~...le w~:: ~i!fin1te1y site application for the extens10n ot
3caeII:ead Rc~~ -:.jer F.A.S. '!!>at they have, however, nothing
:J:¡ -'-tins ~: :::1s effect. Sunn;¡vale has requested Nolte's firm
';0 help the= :.,,: in going throUgh the process.
The C~:7 ~~torney cal¡~ ~~e Councilts attentlcn t~ a
~~enant 1r. :=~ ~greement w~~~ states, "The City agre~s to
;~eeed wlt~ ~:: ~ue dl11;e~~~ with the st¿ps necessa~J to c&use
~stead F.:,~ :rom Steve:-.. ?r<:eva7 to La,¡r"nce Station Roa1
~ Stevens :-:,.;-.¿j( Boulevar1 tMt: St~vens Fr~dway to Jur:~;ìero
~ Pree"-~=-- ...... It thi.s '1f':"'''':~ be In Jc1!:t with other jurls-
:~~~ions. :~ 2:~~C~, w= a~ ~~~~lr~ t~ all of the roa~s named.
The l:!: :0venant ~~ ~~~ a~r~e~en: :3~es into co~~ij~ra-
~~~~ the re~~~~~~ strea~s. ?r;r.ãrlj~~ rlv~nu¿, Tantau Avenue
~ the wl¿¿~~~; of Wolt~ :~~ ~:thln the s~bject pl~per~J.
~WTION ~. :25:
This ~.;::~tion is ~ ~~:ention to initiate proceedings
!=~ the 1ns~::~:ion of ~~ta~ anå prunarij~a under the 1913-
:;':5 Impro\·:~.;:-.: act: by ...t"~c~ ~nds would b¿ issued tor ';he
-z:¡;>a1d a88e!;=¿::~s. It would :.e 1n the nature of a Ger,eral
O"-:Oi¡;at10n 5:::0 Issue l',~r a l~:ñted area of land.
The C~:7 Attorney sta~ that if the Council wished to
2ke this C:-':H. that he vow:! recommend that he and Mr. Blake,
~ appUca~.:·; attorney 40 1;1>8 work on the legal phases or
~ bond ias:;> and the C1CY EÞg1neer and Vallco's engineers
~rate c:: ~::e project.
Cover.a::~ 3 of Reso1utioc 925 was questioned. in that
~~ COIIIII1ts t:-.¿ City to contribute $10,000.00 plus its total
ectitlement :~ tha Co1l1er-Ðnnlh Act for the fiscal year in
-.-..J> constr.;otion is started. It was explained that the C1ty
_ has $3C.OX'.OO in Gas Tax Punds accrued, that by July, it
..s.n have $l-:,X<J.oo. The d11'rerence of $10.000.00 is what is re-
t"~ to ir. Ü':'s covenant. That if the City should have any
~ project that 1tould CODe under the monies accrued f'rom the
_1IHe~U~ Act,_ the C1t)' ...at defer these pro:ects unt1l
_ time ss :;:e period or tüoe spelled out in tb1ll covenant
__ passed.
Mr. :a..~1 Leonard atated that .L'estrietions againSt a
C1~ on what 1~ can do with certain kinds of: money are consider-
....... Money t:;at comes ~ State sources to 1:he City is Gas
tb1e b1Dd 18 not .....~ ~-vallco IDOney. It V&.r'..an-
.'1!tU nt, to ~., :. ,.y'_~ etreet - 4111taDce fro.
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t~elr property, they can do it. TIìø City can put ,money on Wolfe-
Prunerldge and lt ~n displace money from Varian-Valleo. The
City putting money on Wolfe-Prunerld~e would only realize a
dollars worth of good, but on Stevens Creek and Homestead it
would give toem two dollars woroù of good.
Counc11man Saieh asked if we are tslkin@" two, three or
four years away? S.evena Creek and Homestead would be second
tsrgets. He Y.>lxi.:red If "he:¡ were belng s blt premature.
Mr. Blake. Attorney, sta'ted that there 1S some concern
on the part of' the City about Wo1te Road being 1aproved to
f'aur lanes promptI7. valleo tee1s if' the7 are l!Ping to do it,
the street probln ot tt. development aught to be lIettled as
1'&r as it can be at thU t1lle. It 18 ve"r7 ÞroII4 bUt It 187s
dotmthe pr1nc1p1ea 1;l8t are 1'&11' to both the Clt7 of' Cupertino
and VBllco. \'b8 _tbat it COIle_ lIP _ 1nIItead of t1Io
;rears from _ is Volte lIòad.
Vice 1Ca70r JP1DCh allked if' the t1me e1e~t Is not a
little ambitious. JIr. Blake answered tl8t this agreement is
termed that ·Clt;r 111811 do what it canw. JIr. Splits:One ststed
that actusll;r there are no spec1f'iC datell lleDt10ned in the
agreement.
The City Attorney interrupted the dillcussion at this
point to mention that there was another Reso1ut1on. unnumbered,
that he 1IOuld like to bring lIP at this time. 11; had been
ref'erred to our Clt7 Engineer to break down tlv, f'igures on
Stevens Creek 30ulevard improvement. The re?¡Jon he was bringing
1t up was to give the Council the entire pleture.
The City Attorney then read the Resolution. This document
estsbllshes City policy w1th regard to Clty particlpat10n In
F.A.S. urban extension proJ"cts. There are three covenants
in the resolutlon, the rlrst covering dedicatlon to the Clty
01' rlght-cr-way necessary for the ultimate width or the
propos~ road. at ar. agreed uniform value of $1 per front foot.
The see",..J, covers the payment of $2 per front foot by the
property owner fronting on sald road, tOward3 the cost of
eonstructlon of cem~nt concrete curbs, a~ dlfference In the
IIctual cost of the cecent concrete curb and said $2 to be
pald by the Clty. The third the $1 per foot property award
may be credited agalr.st the $2 ~er front foot curb cost, leav-
Ing a net cost to t~e owner or $1 per rront foot.
The City AttúI,..ey f'urther explained tt.at we could take
our expressway bond money and throw it into Ste"lens Creek
Boulevarà. provlded we can eet ....tching tu.-xls l'rom the Stste
to the t~~e of $250,000 or $300,000.00. Speelflcally, as the
City Attorney Ul'IC!erstands it, we will tske the balance or our
County è,rpressway funds and apply for matching funds rrom the
Stste a!'l:! put 1n the dedlcations and Improvements as each
property owner along the Boulevard wants to improve their
proper!)" .
The Cit)" Attorney added that this resolution wan not
recommend.,:! for adoption by the Starf.
Dlseusslon 1'0110wed ree;ardlng the documents that had
been reviewed by the City Attorney w1th the Councll. There
was concern expressed about. the Cit;r committ1ng itself' for
the rull entitlement or the Collier-Unruh Act t'unds. 'n1e
question was rais,èd that- '11' .the City had a roa,1 project to
begin in another part or tOliD, and the vallco project was to
begln at the same tlme, would the Clty have to del'er the
other pr~Jeet In favor 01' the Valleo project? The answer
was yes, tut ror only one year's entitle~'nt.
Councllman Dempster asked "hat would happen if the Clty
was unable to contr1.bute? Mr. Leonard stated that vallco could
proceed lmtll It rune out of money and it would be on Stevens
Creek and Homestead unless the City were wl11ing to tske a posi-
t1.on. 'l'he dlfference would mean ~hat Stevena Creek ID1.ght be
improved from Lawrence Ststion to about H1ghway 9, it would not
reach to DeA!lZ&, or Stel11ng. There Is an ~vantsge of gettlng
the most cO<.!>erat10n with everyone. If this were done, the
improvements could probably get to ~tev"llS Freeway. This pro-
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sru IIOUld be . real service at the \test eoo. or the City.
\lith everyone cooperating; we may even be ab.1e to stretch lt
to Foothill Bouleftl'd. The ultimte end being to not only
improve the eas~ end or the City but II tar welt as posSible
also. ' .
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Councilan Benett1 asked how the City could co.-1t some-
thing they did DOt, as yet, have? cOunc1lJ18n Dempster ,stated
that. as.he Iiees 1t. the City 1s colllll1tting $66,000.90 and
hopetü1ly, thill 1f1l1 come from Gas Tax moniea or the Coll1er-
Unruh Act.
Cò1iDc111ÌìDJÍa1ch asked.tat the to~ .a in .4etel'll1n1ng
tbli ÜiOIiDt ot ...:,... due a ,o1ty, _ it ÔII ~tlon? ,.'
tile City "'1Ø;atate!t ,tlat tbe1'.e are en.eal Ulln.~, tro..
theJl8laotJ -D~"-, res1BtnUOD ot I1Ito.ob11.. in ue
~ 1IIIII,1Ji.~._l>t~ and, OD~...aue4·1I81\18. ~ aetll
1111 a ~.,lta· fI:I.. ,. On 1Ib1c!i iIQ.t Ü .-48.:' At þftsant
is 111 $.3Q/~'Id on a popalatlon of 11),000 and the City
receiwes 43, ..
c;.....q".....8a1ch observed' then 'tbat oÍ1 t'h1abllllla, as the
popu1atlon lJiø1'l8lies arid t¡~.e freeways uP'''''', thill tund could
get twice as 1118 in f'ive years as it ill tocSay.
Councll.aD DellP.ster then asked Mr. Blake 11' it 18 his
inte1'Pfttation tIleD that the City by aigning thia agreement 18
01117 co.-1tting itllel1' to $66,000.00 along with bond money on
Ste.,_ CJ'eek Boa1evard. Mr. Blake stated that the colllll1ttment
on JIoIIIeatead '18 depending on the actual coat of the project or
the City'a abare 01' the actual cost of the project. Vallco 18
colllll1tted to $99~QOO.OO on Homestead so in effect, the City's
. colllll1ttment is $66,000, plus whatever it costs over the $99,000
comm1ttment by Vallco. '
Mr. make then stat'ed that he too felt the "unnumbered"
resolution 1s preaature and thdt it should be deferred untl1
a later date.
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The C1ty Attorney then stated that the agreÐment is an
expression of po11cy rather than a bindin~ covenant calling
for a specific performance. Everyone at the meeting nodded
agree::>ent to this statement.
Mr. Leonard stated that under the agreement it is Vallco's
intention that this property w111 be used as CUpertino's aatch-
1ng tund. Other juriSdictions are presentlY in a better position
to proceed than Cupertino and it was Valleo's thought to help
CUpertino in this regard.
Councllaan Dempster asked what would happen if' the other
jur1Sd1ct1onsdec1de not to cooperate w1th CUpertino in this
program? Mr. Leonard stated that w1th respect to Homestead,
Sunnyvale and the County had already budgeted monies in their
new budgets to iqlrove Homestead Road, with CUpert1no join1ng
1n it would become a three-jur1sdiction thing and it is felt
that Cupertino woald_ch prefer to use the1r trafficway bond
IIIOney on Stevens Creek Boulevard since it 1s a aain artery in
the city. Homestead Road is not as 1mpo....:ant to CUpert1no as
it is to SUnnyvale.
Counèllman Dempster stated that he does not feel that the
City can go wrong w1th any or the resolut10ns as far as com-
IIi1tments go.
Councilman Benetti stated that he agrees with Counc11man
Dempster, !:Nt would like to study the documents a bit longer
before making a decision. He was not prepar'!d to vat,e tonight.
Counoilman Sa1ch asked what the deadline was? The answer
was IIaroh 31st. Mr. Ward explained that they ~t get several
signatures anØ wanted the C1ty's resolutj,onll so that they can
pNsent a. full picture to their 1nterested pa~es. ' One of which
1s in Los Angel~s.
1T1cs Mayor Ì'1nch ..greed ,\1th Counc1:lDan Benèt1;1, stating
that this 111 a vU7 iJIportal!t 8~aP to take on the P8l't of the
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City. This program had first been presented Just three weeks
ago and he too wiahed to give it more thought. One question
W8I the cost of It:>mestead Road. lie asked the C1 ty Engineer if
1t would be poss1b1e 1'0r him to come up with some sort ot a
cost figure on Homestead Road. The City Engineer stated that
he could cake a thorough investigation and this would take two
weeks, but that he could come up with a rough est1mate the
next day at 3:00 P.M.
At this po1nt 1n the meeting the City Attorney turned'
\)ver the originals of' all the documents. Resolut10ns 923, 924,
with Agreement attached, 925 and the WlDlllllbered Resolut10n,
to the recording secretary. to be given to the C1ty Clerk.
1Cr.'. Will LEollter stated that the Councl1 did not see. to
realize the 1JIipOrtaDce of' th1B mins. vallco needed to do IIIBIIY
th1ng1l before March 31at. Be pressed the Councl1 for a dec1sion.
Be 1'urther stated that a delay at this time 118)' throw the whole
..tter into jeollU'd7.
Mr. Leonard stated that he felt it was a good ides to have
the C1ty Engineer ..ke a study of Homestead Rr:.<1 to f1~ out
just how much money they were talking about. However, he wonder-
ed 1£ the Councl1 could adopt these resolutions cond1tionall~'
on the City Engineer's report.
The Counc11 asked the Vallco representatives 1f they
could meet on ~'~sday, March 24th at 5:30 P.M. The City
Eng1neer's repo~_ would be before them by that time. It was
agreed tr¿t there would be an adjourned m~eting the next
afternoon at 5:30 P.M. 1n City Hall.
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Mr. Blake then stat~d that there was a small administrative
matter trßt he w1sheq to bring to their attention. This waa a
letter written by the City Manager to V&llco requestin; the
dedica:l~r.s as soon as the resolutions were adopted. Mr. Blake
producej a sample letter. The City Manager stated that he
would :"'Vi! a letter ready for the adjourned meeting.
Cl:y Att~rney t~en stated that he would like the City
Councll :0 rescind a ~inute Orler passed on December 16. 1963
with r~f3.:--j to the tercinatlon of two anncÄatlcns, naa:·~ly_.
Baker :3-1~ and Rae E3-13. The reason for terminatinG these
annexa:~::.s was because thare was a protest from a property
owner w~ose property would have rßd to be dis-annexed so as
not tc c,as"e an island. The Clt, had found another way to
go in ~~:s =atter by dis-annexln~ a~cther parcel of property,
there~y =eking the terc1nation urillecess~rJ.
Hcvaj by Counel1oan Benetti, seconded by Councilman Finch
that the Slnute Orders of December 16. 1963 terminating Baker
63-14 a~j Rae 63-13 ar"~exations be rescinded.
AYES: Councilm~n:
NAYES: Councftmen:
ABSENT: Councilmen:
MOTION CARRIED: 4-0-
Benetti,
None
Jewett
1 ABSENT
Dempster. Stich. Finch
The City Manager stated tha~ it was becominG increasingly
expensive because of vandalism, to operate Homestead Well #1.
Pressure gauges have been stol'on. He asked that the Council
approve ar. expend1tUN 01' $538.00 to construct a chain-link
fence around the well. The fence would be 20 x 2~ and be 7'
in helght.
Moved by Counc11man Saich, s¿conded by Councilcan Dempster
to app~ve expend1ture of $538.00 to construct a chain-link
fence around Homestead Well #1,
AYES: Councilmen:
NAYES: Councilmen:
ABSENT: Coune11men:
MOTION CARIUED: 4-ù-
Benetti,
None
Jewett
1 ABSE:IT
Dempster. Saich, Finch
Meeting adjourned to 5:30
Hall. t'ournment: 10:00 P.M.
ATTEST: ,_ - -
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P.M.. Yarch 24th. I >4 at Clty
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APP!\Qv,ED:
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