CC 08-03-64
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10321 So. Hwy 9, C'upert1nO, Calif., gj014 252-4505
CITY Oll CUPERTINO
cu......¡:L~C, CALIFOONIA
111___ OF THE REGULAR IŒBfDII OF THE CITY COONCII. - ~t 3. 1964
&tC.':1 Board RooaI, ScbaOl ~ct Office
~I 8:00 P.II.
(Pre_t1ug cold'ereace 1:30 P.II.)
J: SAIDrE TO THB PUØ
n
ROUo CALL:
Ccnmcilmen present: Dempster. Fitzgerald, 11081, Stokes, Pinch
Councllmen abÐent: Bone
Staff present: City Manager Phil St01'lll
City Clerk Iarr;y Martin
City Attorney Sam Andersen
Ass1st. Cit;y Engineer Fnbert Shook
C11:y Planner Adde Ia=1n
Chief Bldg Inspector B111 Benev1ch
Recreation Director John Farham
Rect.rd1ng Secretary Lois Inwards
In MINUTES OF THE PREVIOOS MEETINGS: July 13. 14. 20, 21
Correction to the Minutes of Jul;Y 13th:
Page Z __ Councilman Stokes wished to 1nsert 1n the minutes
his reason for voting "No· c,n the Sister-City a11ocatior..
Mr. Bob Marchant. 01' Marchant Travel Serv1ce, had been re-
quested to present a 11st of expenses a few days before the
meeting and he had not done so; therefore. Councllman Stokes
gave a negat1ve vote on the Sister-C1t;y a11?Cat10n mot1on.
Correct1on to the Minutes of July 20th:
Page 9 __ The Cit;y Jlaœger wished to inSert the correct10n that
the "Junk yard" was at a home on McC1e1lar., not Madera.
Corrections to the Minutes 01' July 21th:
Page 1 __ CounclløaD Stokes wiShed to correct the 1'1gure of'
the Secured Roll in 'tbe third paragraph !'rom $23,800 to
$23.800,000.00.
Page 2 __ COUDCi~ Stokes wished to correct th~ figure in
Paragraph 7 1'roa $IlOO.000.00 to $600,000.00 f'or the City Hall.
Councilman Stokes ..14 that his records IIbcIfe';1 the Minutes of'
June 29th have not been r~viewed b;y the C:¡uncll. The C1ty
Clerk w111 cbeck on 1;ii's.
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It was \!lOVed by c=œllaøn Noel and aecoaded by CouncilllBD
Fitzgerald to a~ and r11.e the 1UDute.. or Ju1;r 13th as
amended.
Motion carried, 5-0
It AS IIIOYed by C'_llaøn Noel aDd _aaðe4 by Councll1an
Fitqerald to a~ _ - and 1'1le tile M1IIId:etI or JuJ:7 14th.
Mot1on ourS84. 5-0
It we end by C __ 1l1aD Roel IUIII an ~ bot by CauDclr.n
fttzpraJd to U J lit and file tile.,· '.. or .Ja17 20th ..
aamðed.
Motion carr1eð. 5-0
It 1IU _ad by C u.n !foe 1 aDd l1li4· ~... by COWICll1aD
P1tzpraJd to !lu.1It and 1'118 tile lUDUtea or _'uly 27th all
ameoded.
Motion carried, 5-0
zy œAL AND WRI'l"lI!8 C>__--tŒCATlœS
A. Oral
1. Mr. Charles Short. 10200 V1cksburg Dr1ve. said he wall
represent1nS the homeowners on V1c1œtourg Dr1vs. It
seelll8 that V1ckllburg "Di'lve 1s hecc=dng a speedway aDd
a little gb'1 lfBa hit by a car and her tr1ke was
demolished. Mr. Short t1led a petition w1th the
City Clerk. ..Jdng that stop-pp _1I\JreS be put into
el'l'ect to prev.mt turther happen1ng1l 01' this kind.
Mr. Short sa1.d tiJB t a ~-ar ago he dlllcUIIlled the
traffic IIltuation ,,1th the City Ma:ager aDd Ch1ef'
Bu1Jd1ng IDspector. He said that. becbiõlle ot tile
traf't'1c IB~-:"n aDd the c01!'P1et1on of' tile 1'reeway
this problea will become "·~rlle.
Mr. Short sa1.d the Vicksburg homecomers would lib
to have the street blocked at one end or the other
or mice It a or>e-way stree'. He sa1d that. un1esII
W?11'e Road 1.11 w1.dened all the VBY. it w1l1 become a
bottleneck. Be reQ11ested a "sLOW. CHIlDREIf 1ft PLAY·
sign SlId/or' a 15 IIPH speed 11m1t here. .
Mr. Short t'e1t there should be a long-rBDg'!! plan to
alleviate ~ tT'aff1c along Vlclalbt:rg.
It wall moved by Councllmn Stolœa and seconded by
Counc11aA D .-ter to direct the City Manager to
have the C!.~ EDg1neer check oat V1clalburg Drive.
in con~l_ with the County Sber1ff'1I ort1ce, to
see what ___.. can be taken to set· a speed 11m1t
and to lIB. recOlllllendat1ons at tb8 next regular C1ty
Councll ~1nS.
Mot10n ,carr1ed, 5-0
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2. Juanita Mclaren, 22101 Lindy lana. douat"d four copies
of' the book. C~U8te:' Deve~opment. to :;¡'e CIty Hall
Library.
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3. Mr. BoatO!'d. 10330 Dennison, spCJke in favor of hav1J¡g
the bond election in conjunction with the general
election in Jiovember. He pointed out that in order
to peas, tile bond election IIIJst have 213 aff'1rmative
vote aJII1 lie rel1; tll&t a special election would only
brillS 0IIt t;bIt œptive votell at tbJ.s time.
'!'be Cß,. - 1 " sa1d be baa 1øn8t1gated the prOll
IUIII _ t- h_h,,. aœ, upon the adv1l1e of' tile
f'S-1al e~tants, be teels a special election in
Octo'-' .~ be better.
The Clt)- AttorrIeJ" added that if' this were t1ed in with
the geaera1 election they would run into all sorts 01'
probr- II1ICh all precincts, etc.
It _8 telt tbat. if' the bOld election were comb1ned
w1tb tile 818_1 election that it would be at the
end or a lang, complicated ballot and would be
cluttered up with po11tics.
1;. Mr. R. ". Lar8on. 10440 So, Blaney. was present to
ask the Council how he is supposed to protect h1s
sidetoa1k t'roa cars and trucks turn1ng around on 1t.
He was erecting posts as a stop-gap measure. but
the City Engineering Department asked him not to.
Councilman Stokes asl:"d 11' all this has been dedicated
to the C1ty. Mr. Larson said he has orfered to give
the land. to the City but has not s1gned anything yet.
It was ClOYed by Councllman Noel and seconded by
Councilr.an Stokes to table this to give the City
CouncIlJ:!en an opportunity to go out and look at the
situatIon and to have a report froo the Cit:r Manager
at the next regular meet1n¡¡;.
Motion carrIed. 5-0
5. :41'. Robert Jacœs. 198'.;1 Baywood. asked how the
ballot would be lIet up for the bond election. He
was told the CIty Hall w0l11d be one 1ssue and the
Parka would be another.
Mr. Jacobll then asked 11' the 15-20 yards on Blaney
adjoining the schoo~ could have either a sidewalk
or a f'ence t.o ¡rotect the children going to school
at tbe 8ame time a lot of automobiles w111 be going
pBllt here.
Coww:i1l11Sn Dempster was of the op1nion that another
school i8 go1J1g 1n here, wh1ch w111 eliminate the
problem.
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It wall .wed by Councilman Stolœe and secoo"ed by
Counc1~ Delllplter to refer th1ll pr'ob1em to the City
Manager .
Motion carried. 5-0
B. Written C'1 -.fc!l.t1ons
1. TIle œQ Clerk said be _ ~ banðed a pet1tiem
e1tllbe4 '" ~ rell1deDta em V1cþbarg Drive, allkiDS
rœ " 8tap;plp _INN to ~~....nt V1clasbarg Drift
tI'4Ia , II ¡ ~., a 111181 ",. :R aJao oonta1Ded a oOW
or à 104 - ~ sent to 1;2111 ecI1~ or tbe local I8P111".
n _ .....s by c.o-n.aa 8toIDn and seconded 117
Caaaot-.. lIoel tbat th18 petlt10D be received.
Mot1oa carr1ed, 5-0
V RBPŒI'l' OP 'ftIB 1'LAJIIIIIIG CCMlISSIŒ: (See IUnutes 01' .Tu1¥ 21)
Cha1rman i'Þ I DO r,1;ated lit the Pre_e1;1JJg Conf'erence that
progress 1e befus. ade <it the Ifœk Sessions every Thursda)'
evening on tbè l'BOPOSB'J ZœDIO œDIllA.1fCBS. The C1ty Manager
etated that an August 29th deadline hall been set 11) the State
to accept tbe Vllae)'; Ham'" B1a1r PROPOSED ZOHING œDINANCBS.
However. au,y addl1;1ona1 work to be done with the Planning
Consu1tsnt (at 1;be Clty's expense) can be done after tbat
date.
Chairman Thomson said it 1S almoat imperat1ve to ask the
State 1'0r an eztenaion of th1s time. It was ':..cided the
Planning Coam1l1alon Chairman wou1d meet with the City Manager
and the Ci~ PlaImer to make turthllr arra~ements. The
C1ty Manager pointed out that we are worldng on "Grace· time
nOlI.
VI PUBLIC HEARIHGS
A. PRAHIt MIdll'IA: App1. 17-Z-6/J to rezone approx1oate1)' 0.3
acres !'roc 1i-1:B-2 to R-2-!l; east end of Greenwood Drift.
(Ordinance 110. 296)
The City P1aDDer add th1a propert)' 1s adJ01n1ng an R-3
area. The applicant wanta to convert to R-2 ~ order tn
build a duplex here for relat1ves. There t.ave been no
obJect1ons 1'rom the Planning C~lIs10n or from the
1!',11ence at the Planning COID'".1ald.on meetings.
The Ma)'or .alled ror c~nts from the Councll. There were
none.
The Mayor aalled f'or cOlIIIII!nte from the aud1ence. There
....ere none.
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:t ",",S coved b;r Counc1lman Dempster and secor,ded by
Councilman Boel to clore the ¡>-,¡bUc Hearing.
AY::S: Counc11.::1en DeUIPster, Fit:;gerald. }I~l. Stokes.
Finch
NOES: None
!·Iotion ca......ied. 5-0
It Doll II0ge4 ~ CoaIIcllman Stokes and seconded b7
COUDCUMD I'! .J .~ to approve appUcat10D 17-Z-64
am ar..u-....... '296.
AYES: C_4..- De1IIpster. Fit~ger'a14. 1IIoe1, Stokes.
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NœS: If ODe
!lotion carried. 5-0
The City Clerlt ~d Ord1nance 296.
n:I ORDDi:"'ICES AND RESOID'1'IONS FOR ADOPl'ION:
A. ŒOINANCE 110. 295: Rez..,n1ng property 01' Mas,)n
EnterpriSes. :IDe., !'rom .:-l:B-4-H to R-24-H; east
si~e of the Southern Pac1fic Railroad r1ght-ol'-way,
r.c:-th of University Avenue. Second Reading.
I~ w;¡s DIOved by Counc11man Stokes and seconded by
=::'.:.",cllman De:::pster to have Ord1nance 295 read by
t~::!.e only.
"';:-:..5: Cou:l:1l2!n Dempster, Fitzgerald, Noel, Stokes,
Pinch
~::=:s: Hone
Motion carr1ed. 5-0
~i!'.ance 295 title was read by the City Cler;c.
:t ~\S mave~ by Counci1~n Fitzgerald and seconded by
=:z..:ilman Noel that Ordinance 295 be adopted.
.:.r.:.S: COUDCir-n Dempster. F1tzgerald, Noel. Stokes.
Pinch
~~:,;:.s: NOM
Motion carried, 5-0
B. ;;¿SJLUTION NO. 9ð3: Setting a Tax Rate for the
Fiscal YeSl' 1964-65.
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The cn,. !taDager sa14 the JIl"'Sent tax rate 115 20¢ for
general t'I1.-.d purpose:: and 6¢ tor street light1ng.
It wall his recommeroatl"n that thl! tax ra'~e remain at
26¢ tal' tile .J'C81' 1964-65.
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It wall ~ bF Cour>c1lm&n Noel and seconded by
Counol~ DII..,.ter to :'011_ the Clt,- 14aDapr's
rec._ .A..ti.oi1 and authoriZe the tax rate f'or the
i'18cal ,... 196'-65 be set at 26#.
AYES I ~_~~ Demps~-. Fitspra1d. Noel, Sto\aIII,
Pinch
RŒSI JIaae
Mot1on csrried, 5-0
The Ifa701' alllald hoW the other Councilmen f'e1t about
imprcw1Jlg Stevens Creek mvd from t¡1e eastern city
l1m1tll aU tbe way to Stelling.
VIII PAYING BILIS
A. Resolutions 981 and 982
Resolution 981 was read b)' Council Treasurer Fitzgerald.
It was moved by Councllman Dempster and seconded 1>y
Councilman Hoe1 that Resolut10n 9/31 be adopted.
AYES: Counc11oen Dempster. Fitzgerald. Noel, Stokes.
Finch
NOES: None
~¡ot1on .:arried. 5-0
Resolution 9B2 was read ~y Council Treasurer Fitzgerald.
It wall IIIDftd b7 Counclloan Dempster and secDded by
Counciben Noel that Resolution 982 be adopted.
AYES: COUIICillllen Dempster, Fitzgerald, Noel. ~okes.
Finch
HOES: Hone
IIotlœ carried. 5-0
IX REi.3T OF OPPlCERS AlII> COMMISSIOM3RS
A. REPœT OF crn '1'R!:ASUIIEII.
Counc~lman Pltzgera1d ss14 he had nothing rurther
·to report. .
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B. REPORT (6 CM MANAGER
1. There bas been a request 1'r= the cupertino School
District f'or a crossing guard 1'0r t.he cartal
School croBs'ng on Blaney. It 18 the reconmendatlott
o~ the Clt7 Manager to hire a guard f'or this
purpose .
So .....s ~ Councilman Stokell and lJecondeG by
Councn-D Delaplltar.
AYBar eo-1118n DetapsteJ', P1tzgerald. Noel,
Stokes. P1nch
ROBS r JICIIIII
Motion carrlEod. 5-0
2. 'I'he Clt)- Council has received an inv1tat10n from
the Valleo Park officials to revi"w the progress
the,.. have lIBde on roadways.
It Mas decided the C1ty Council will meet with
the Va1leo Park offic1als on August 11th.
3. The Chamber of Commerce has hired Mr. Al Spiers
as Manager.
4. On .July 27th. the C1ty Counc11 set a date for
holding the bond elect10n. Th1s was orig1nally
set for October 20th, but since there is some
quest10n about th1s date at th: ~egistrar of
Voters' of1'ice, it was dec1ded everything can
be pr,~a1llDed for October 6th. Council"'3-n tloe1
said Loll A1tcs 1s having an e1eet10n on the same
d~te.
Mr. Hosford, 1n the audience, again 3a1d he is
opposed to having a spec1al election, using tt_~
taxpayers' IIIOney, at any t1me other than the gen'!ra 1
election. lie re_eophas1zed h1s feeling that an
1ndependent election at this time w111 bring out
nothing but the negative votes.
Councilman St:)kes said the bond consultant people
gave the opinion that th"y should not comb1ne wit~
the general eJection. The City "'ouncil must base
their dec1sion on the advise of tt.~ir finalcia1
advll1ors. Stone" Youngberg, of San Francisco.
Councilman Stokes also po1nted out that Cupertino
residents have been wa1t1ng l'or 4 year:. for the
chance to vote for parks and he feels they will
get out and vote on October 6th.
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The Ci1;J' Attorney sa1d tbey bave consolidated the
preCinCtll tor this election. Ife said there are
IIISII7 IIIIchalÜca1 preblellll 1nVo1ved when comb1ning
th111 tTPe elect10n with a ~nera1 election. For
exa1llP18, prec1ncts are dif'terent.
TbeClt)- AttOl'DS1' sa14 it 18 b1a recOlllllllndat1on to
requellt tile Clt,. Cou:¥Ill allllDd Its IUDlte Order ot
, .~ ,27';h" tollc.a:'
"rba~ . 08__1 ~l1pt1on BaaS Election be set
t~,CID~ 6. 1961J, 1';1 tile .ao.at ot $450,000.00
tœ ..-ak...t1- 01' City BaU _ CltJ' <*D8d 1aDd,
1JIOlaSÍÌ1S '.,.......P1DS ud ~te 1I.¡¡I& u...llllnt.
partdJIc area, 1'urn1ture IUd t1xtursll, 18pl.
IU'Obfoteot_1 and f'lnanc1a1 coatll.·
So 1IDVfId,1I7 Counc1lman Fitsprald and seconded by
Counoll18D Noel.
CouncllaBn stoJœs as\œd it th1ll inCluded 18p1 f'ees.
AnsIIer wall b tba al'l'1.ra!8t1'H. He then addeú tbat
he te;lt tbat, l'or all that hell been included, perhaps
we have a good bads tor a bond elect10n.
Councilman Del!l¡)Stel' stated that he had been opposed
to the additional costll 01' development of the
basellll!nt but, on a square l'ootage basIs, that >Ie
can build a good CIty Hall.
AYES: CouncIlaBn Deopster, Fitzgerald. Noel, Stoke!..
F1ra:.n
NOES: None
Mot1on carried. 5-0
Th& Cit,. Attorne,. then re-r,.ntel! the City Councll
autbar1Jte an adJou,.Md ceet1nC at 8:00 P.M..
...t lOtb. at the ':lt7 ortIc... l'or pul'P03es 01'
paaa1n& _ tbe Ord1nance and Por1a1 Rltso1ut1on.
prov141llC the7 are r~ad7 by that t1me. 11' not.
tbe¡r Will be read,. f'or the next regular Council
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B. RUQM'..., 1T'l ..ur>tl~ (cont1mM4)
6. !tie Clt:r lianapi' aalœd the c( meil 1t they want
tbe areb1teot to contInue with the plans for
UW C1t)- Ball.
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It was moved by councilman Dempster and seccnjed
by C3anC1lœan ~~tzsera1d to table this quest10n
unt11 th" next -"",tir,g.
Hotion carr1ed. 5-0
C. RRPœT OF cm ENGDlEER
1. ~ood 'ferrace. Unit 4. Grant 01' Easemen>~
(Jlesolutlcm 915)
It .. -.d 117 Counc1l111an DnIpIIter and seconded
11)' eo-l11Bn F1tzgera14 to adopt Resolution 975.
AYBS: councl1men Dempster, P1t~gera1d. Noel.
Stokes. P1nch
HOES: JIcme
Mot100 carr1ed. 5-0
2. Ba7Wood Terrace. Unit 4. Quitclaim Deed for
Underground Water R1ghts. (Resolution 976)
It was moved by Councilman Dempster and seconded
by CouncHwan Stokes to adept Ref"Jlut10r. 976.
AYES: Councilmen Der.¡pster, Fitzgerald, Noel,
Stokes, Finch
NOES: None
Motion carried, 5-0
D. REPœT OF (;ITY AT10R!:z'f
He had nothing further to reI" rt at this time.
E. REPœT OP BUIIDING INSfECTOR
The Architectural and Sit.. Control Committee has
granted approval to a sign to be placed on the
Crocker C1tizens' Bank at Crossroad Center.
Counc11man Stokes asked if the roof air vents would
be camof'laged on Sm111n' Bill's new bullding on
Stevens Cree.. Blvd. The Chief ~dld1ng Inspector
sa1d he would check this out.
X UNFINISHED !.'USDIESS
A. The City Manager said the C1ty's gas tax funds a.·e
obligated ur to the January quarter (See City
Manag__r '. Report).
The City Councll can use general fund money and be
r21mbursed by the D:visio~ of H1ghways (gas tax
money) af'ter the Cit:;" fuJGc'; has bc',n a.pp""oved.
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It wall moved II)" Councilman DeJ:lpllter am lIecODded II)"
C<><D:i1JDlln Stokell to have tl>1l1 p1aced on the agenda
for,the adju4t'ne4 _tiTE: on AugWlt 10th, ~bout
"""tiler OZ" not _ _nt to use general l'UDdIl f'ar th111
Babb Road proJect.
!lotion carried. 5..()
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A. *7ar lI1Dch ... . lit . Rel101utlœ 011 . p1aqalt to
~: .Tuell s.ü1 it. Ida MI"f1ce of -1 7- on tile
phnftt,,¡ C~
!!Ie Jlla7W be4 8noluUcas rea47 to preseat to tile
Dtber ret1r1Jlg "'._'-. Coo-tOld_II WI: the)' were
mt ' II'eaent.
It wall _ed ~ C<laDcllan J)nlpllter and lIeconted by
Councilman StoJœIl 1;0 prellent th111 Rello1ution to
1Ir'. Jamell S-1&11 tor hill 4t years I service on the
P~rm1ng cO"..-ia1l1on.
Mot1on carr1ed. 5-0
B. .. was moved b7 Councilman StOkell ant seconded by
=~1lman Pit~rald to author.ize the City Eng1neer
t~ :!o a cos';; Iltud7 on improvement of Stevens Creek
E:.vè. from the eastern City limits, all the way to
So; e lling Road.
Motion carr1ed, 5-0
C. ~ question of' authorizat10n of funds for Bubb Road
bas been cont1Jlued to the next meeting. AuguSt loth.
:ox ADJOC!'~!E.'n'
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It was :lOved by Councilman Fitzgerald .md seconted by
Cmm.'Uœn Noel to adJOUI'n the :oeeting at 9:10 P.M. to
8:00 P .)1.. Monday. August 10th, at City Hall.
APPROVE!>:
Is I
Paul H. Pinch
MQor
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.:..... v..U"v.-...
Clt"Y Clerk
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