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CC 02-15-60 19 P. O. Box 597 A12-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA Place: Time: MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 1960 10321 S. Saratoga-Sunnyvale Road 8:10 P.M. I. SALUTE TO THE FLAG II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Lazaneo, Pelosi, Saich, Wilson, Nathanson None City Manager, City Attorney, City Engineer, City Clerk III. MINUTES OF THE PREVIOUS MEETING were corrected as follows: Page 6 (2) Motion made by Councilman Pelosi to receive and file letter from Cupertino Union Church was seconded by Saich. Minutes were approved as corrected. The Mayor announced that the order of the Agenda would be changed to allow a report by Mrs. Giddings on Youth to the White House. Mrs. Giddings submitted a report on the Town Hall Meeting held in September, and a financial report covering expenses in the amount of $12.35. Mrs. Wilder was introduced and gave a report of the work of the vocationa¡ guidance committee which is working with White House conference on Children and Youth, and distributed programs of a meeting to be held February 16 at the Fremont School covering "Vocational Opportunities Program". Mrs. Giddings invited Coµncilmen to attend meeting and requested permission to take a representative to the follow-up meeting scheduled for February 24. Permission was also requested to present Town Hall report to Chief Blackmore so that he may take report to Washington in April. Mrs. Giddings also requested that permission be granted to distribute copies of report to interested persons. Motion by Councilman Pelosi that Mrs. Giddings be authorized to take representative to lucheoun to be held on February 24; that expenses for Town Hall meeting be approved and that she be authorized to distribute copies of report to interested parties. Seconded by Saich. Ayes: Nays: Absent Motion Pelosi, Lazaneo, None None Carried: 5-0 Wilson, Saich, Nathanson Mayor announced that Page Properties application was not on Agenda but would be on Agenda for March 7, 1960. Mr, Mittelman, 1050 University Drive, Menlo Park, applicant, requested clarification as to what will be heard by the Council on March 7. Applicant was advised that there is a time limit on the presentation of matters between the Planning Commission and the Council. The Code requires that the City Council h~ld hearings on applications in the same manner as the Planning Commission, regardless of the action of the Planning Commission. Mr. Mittelman requested clarification of the review of tentative maps. City Attorney advised that tentative maps, as a matter of policy have been reviewed by the Council. Under the Business and Professions Code the City has the authority to direct the Planning Commission to advise the applicant of approval or diapproval and refer it up to the Council, This is now being clarified by resolution by sending all tentative maps up to the Council. Attorney has advised City Clerk to post notices so that protests can be heard. At the time when this matter appeared on the Agenda, it was not a hearing but was a report from the Planning Commission to the City Council. The hearing scheduled for March 7 will be full and complete and at that time the Council will make its decision. -1- 20 ~ ~ o - t:J: IV. PUBLIC HEARINGS 1. Stevens Creek No. 1 Annexation Mayor asked if there were any protests to this annexation. Mr. J, C. Scott. 10280 Scenic Blvd.. stated that he is protesting this annexation because his property is being taken in and the corner lot is left out and he feels that street improvements will not be completed and will constitute a hazard. Mr. Scott feels that he will not receive benefit of an assessment district to improve street if he 1.13 annexed to City. City Clerk read protests from other property owners, Kenneth & Olie Fox, and Daisy Beatty. Mr. Scott asked how many registered voters were in area. City Clerk advised there were six at the start of annexation proceedings. Mr. Scott stated that there were now two more. Mr. Scott asked if Mr. Stocklmeir was going to develop his property and cut streets in and also develop Scenic Blvd. City Eûgineer stated that he does no know what Mr. Stocklmeir has in mind for his property. City Attorney stated that there has been no discussion of plans, but whatever owners plans may be, they will have to go through the Planning Commission. City Attorney advised that as annexation stands, there is less than 50% of property owners protesting and there are less than 12 registered voters and it is possible for the Council to annex area now and work o~t problems after annexation. Mr. Scott asked what City would offer upon annexation since they would be serVIced by the same County Fire Department and County Sheriff. He asked why corner lot was left out of annexJtion map, Mr. Scott is sitting in the County and has to dedicate 10 feet of his property because he wants to build another house and if he puts a street in the County will not accept it for maintenance. The other half will be in the City and will not be maintained. City Attorney stated that the Council is in no posit-ion to go into the merits of this particular parcel but that if the Council so desired, it could check out the Scott property and discuss the matter further. Motion by Councilman Wilson that hearing be closed. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Mayor instructed the City Engineer to inspect the area and make a report to the Council. City Manager stated that Mr. Scott had come into his office to discuss annexation. He stated that City can do nothing by way of improvements until area is annexed to the City. Mr. Scott does not object to annexation but is concerned about benefits to be received by annexation. City Manager stated that City will do its best to give him the service he needs. Mr. Scott asked if City has anything in mind for area in regard to a Master Plan. Mayor suggested that at next hearing, after City Engineer has inspected area, Mr. Scott might have answers to some of his questions. City Clerk read Ordinance No~ 117 approving annexation of certain contiguous uninhabited territory, designated "Stevens Creek No, I" to the City of Cupertino. 2. Yeeland Heights; Variance City Clerk read Planning Commission Ordinance No. 4 recommending granting of a Variance, Yeeland Heights. City Manager advised that variance had been checked and recommended by Planning Consultant. Motion by Councilman Saich that City Council adopt the findings of the Planning Commission. Councilman Pelosi asked if Planning Commission Resolutions requiring City Council action could be sent to Councilmen in advance of meetings. City Attorney advised that there is no instruction for this on Planning Commission Resolutions. Councilman Saich withdrew motion. Motion by Councilman Pelosi that Planning Commission Resolutions be sent to the City Council in advance of action in order that -2- 21 the Council have opportunity to read material. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saieh, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich that City Attorney be authorized to prepare a Resolution adopting the findings of the Planning Commission for a variance, Yeeland Heights. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Noes: None Absent: None Motion Carried: 5-0 V. ORDINANCES AND RESOLUTIONS FOR ADOPTION 1. Ordinance No. III - Rezoning property of Josephine Hewins; 10 acres formerly A-2:B-4 to . City Attorney reviewed that at the request of the Council he prepared a form of Ordinance setting up a new agricultural- recreational classification. This was submitted and the Council requested revision. In present ordinance, Attorney stated that he took Buena Eark agricultural-recreational ordinance and revised it to require that the areas to be zoned would in fact be a bona fide amusement area and that basic uses are permitted without a use permit and ancillary uses require use permits. Councilman Lazaneo stated that he did not like the Buena Park ordinance and feels that it is not good for Cupertino. City Attorney advised that the ordinance is not before the Council for adoption. This is the revised ordinance which was requested by the Councilmen. Mayor asked if this ordinance had been sent to the Planning Consultant for review. Attorney answered that it had not been. Motion by Councilman Wilson that Resolution No. 257, a Resolution of Intention of the City Council to initiate an amendment to Ordinance No. 002 by adding a zoning classification to be known as "Amusement Resort Zoning" be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motioh Carried: 5-0. The Mayor stated that it was his understanding at the time of discussion that this zone change was to come before the Council partly C-l-H and partly A-I. Attorney stated that this is the only remaining zone change of this sort and that he was instructed to prepare an ordinance, which he did. This was not satisfactory and he was requested to revise ordinance. Prior to request for amendment to ordinance, it was decided to grant C-l zoning and this proposal was disgarded in favor of amended ordinance. Mayor felt that rezoning should be tabled until ordinance is adopted. Mr. Don Bandley, Cupertino Realtv, representing applicants, stated that it was his understanding that this was held over from the last hearing in order to prepare resolution for A-R zoning. By reason of certain contractual agreements on the property, Mr. Bandley requested that zoning be granted in the form of five acres C-I-H and five acres A-I rather than wait for adoption of A-R zoning. City Attorney advised that this would not be advisable since Council would not know which area was being rezoned. In order to do this, it will be necessary to have a full legal description. Mr. Bandley stated that he would prepare a legal description of the two parcels. 2. Ordinance 1]5 - Rezoning of property from Star Contractors, northwest corner of Blaney and Bollinger from R-l:B-2 to C-I-H. Motion by Councilman Pelosi that reading nf ordinance be confined to title only. Seconded by Saiah. -3- 22 ¡... ~ o r-o = Ayes: Pelosi, Lazaneo, Nays: None Absent: None Motion Carried: 5-0 Wilson, Saich, Nathanson Motion by Councilman Saich that Ordinance No. 115 be adopted. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Saich, Nathanson Nays: None Abstaining: Wilson Absent: None Motion Carried: 4-0-1 J. Ordinance IlJ - Rezoning property of John Rodrigues, Jr. et aI, from A-2:B-4 to C-l-H. Mayor reported that Mr. Rodrigues had informed him that they had not heard from Mobil Oil and wished to have reading of ordinance tabled until the next meeting. Motion by Councilman Saich that Ordinance 115 be tabled until the next meeting. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 ~ Ordinance 116 - Rezoning property of Cook and Wilson from R-l~B-2 to R-J-H City Clerk read Ordinance 119. City Manager advised that 12 conditions of Ordinance are recommended conditions that the Council may change, add to or delete as they so desire. It was directed that condtion No. 5--requirement for a 6' masonry wall be deleted. ~ Resolution No. 251 - Piliacing three electroliers within Cupertino Street Lighting District located in Stelling No. 3 annexation, formerly County jurisdiction. City Engineer stated that he is not familiar with this particular resolution but that he is familiar with the lighting district in Cupertino. P.G. &E. has requested that the lighting district be abolished and he is requesting that matter be turned over to City Manager and City Attorney. City Attorney advised that this has been discussed with the City Manager and it was felt that the lighting distÞict could run for another year or until the sums advanced by the City have been received from Cupertino Street Lighting District. Councilman Saich stated that the lights on Stelling were installed by the Garden Gate Development Company about two or three years ago. At that time the territory was already annexed and the lights were installed. As of now they are in Cupertino but no authorization was given to install the lights. Motion by Councilman Pelosi that the matter of the electroliers located in Stelling No.3 be referred to the City Manager. Seconded by Laaaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 6. Resolution 252 - Acknowledging receipt of an affidªvit of publication of notice of intention to circulate a petition for the annexation of Homestead J and giving approval for the circulation of the petition. City Clerk read Resolution. Motion by Councilman Pelosi that Resolution 252 be adopted. Seconded by Saich, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 7, Resolution 25J - Resolution adopting and approving the master agreement for the expenditure of funds allocated under Section 2107.5 of the Streets and Highways Code. -4- 28 City Clerk read Resolution 253 and letter of transmittal from Division of Highways. Motion by Councilman Lazaneo that Resolution 253 be adopted. Seconded by Pelosi, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 8. Resolution 254 - Resolution providing for the submission to the Council of all approved tentative maps. City Clerk read Resolution 254. Motion by Councilman Saich that Resolution 254 be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 9. Ordinance No l~ - Renewing and Extending Ordinance No. 47 as amended by Ordinance No. 81 of the City of Cupertino known as the Cupertino Subdivision Ordinance for a period of on year. City Clerk read ordinance. Motion by Councilman Pelosi that Ordinance 118 be adopted. Seconded by Wilson, Ayes: Pelosi, Lazaneo, Wilson, Saich,Nathanson Nays: None A bs ent : 'Jone Motion Carried: 5-0 VI. PAYING BILLS Councilman Wilson questioned mileage items appearing for Barbara Villarreal and Audrey L. Weston. City Manager stated that when these items appear they will be on the approval of City Manager. Councilman Wilson questioned the matter of insurance coverage for employees and City Attorney felt that all employees are covered by Insurance. Motion by Councilman Lazaneo that Resolution No. 255 approving warrant numbers 1233 through 1239 in the sum of $1,523.96 be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich th'jt Resolution No, 256 approving warrant numbers 1217 through 1232, 1240, 1241, 1242, and 1243 in the amount of $8,132.91 be approved, Seconded by Wilson, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 VII. ORAL COMMUNICATIONS Mr. Farrier, County Librarian, speaking in reference to the possibility of having a serivce other than a book mobile unit located in Cupertino stated that this was discåssed and the County Library was interested in seeing what could be done in this regard. Mr. Farrier stated that plans are not far enough advanced but that he was planning to include in the 1960-61 budget a building outlet in Cupertino for a public library. This building will be temporary pending studies for the main headquarters building. This matter will be discussed by the Library Commission at 1s mext meeting, March 7, and Mr. Farrier suggested that an expression of interest from the Council would aid to the possibility of having the outlet here as well as perhaps, in the future, the permanent building. He stated that a word from the Council would be well received by the Board of Supervisors. City Attorney read Resolution No. 258 requesting the Board of Supervisors to establish a branch library within the City Limits. Motion by Councilman Wilson that Resolution No, 258 be adopted. Seconded by Pelosi, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None -5- 24 ,.... ~ o ¡.,.. tJ: Motion Carried: 5-0 Mr. Farrier suggested sending a copy of Resolution to Mr. Julius Lustig, Chairman, County Library Commission and Mr. Howard Champen, Board of Supervisors. Councilman Wilson stated that Cupertino would be delighted to supply headquarters for the County Library system. VIII. PROTESTS - None WRITTEN COMMUNICATIONS 1. Letter from City Clerk to Mayor stating terms of office for Planning Commissioners and expiration dates of Planning Commission terms. 2. State of California regarding problems and needs of senior citizens. Mayor suggested this be turned over to the City Manager. City Manager reported that he had written to several sources for information and will present a report. 3. Letter of proposed annexation of territory to the City of Sunnyvale, Ortega No. 60-l-A. 4. Legal description and map of lands conveyed by M. G. Riley to Frank Bagatela to be annexed to San Jose. 5. Letter to City Council from Board of Supervisors enclosing resolution adopted by Board of Supervisors and suggesting that City Council adopt proposed expressway system as approved by the Trafficways Committee. Councilman Saich reported that at the last meeting of the Trafficways Committee it was felt that the cost of the expressway system should be cut down. No provision has been made, he stated, for secondary roads and he does not feel that the City sould build expressways which would benefit other cities when we do not have secondary roads to service immediate area. Motion by Councilman Saich that a resolution be prepared stating to the Board of Supervisors that the City reaffirms its potition that it is opposed to the proposed expressway system and the DeLeuw Cather traffic plan. Seconded by Pelosi. Motion withdrawn by Saich. Second withdrawn by Pelosi. Motion by Councilman Saich that the City Attorney be authorized to prepare a resolution of opposition citing Cupertino's stand on the Expressway matter. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: NOne Absent: None Motion Carried: 5-0 6. Memorandum from City Attorney offering to donate time to attend City Attorneys' spring meeting, April 24 - 26 at Monterey, California. Motion by Councilman Wilson that the City Attorney be authorized to attend spring meeting in Monterey, Monday and Tuesday, April 25 and 26, 1960, with expenses paid, Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 IX. REPORTS OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner Councilman Saich stated that his report concerned matter of Trafficways Committee discussed earlier. He further reported that he, City Manager and a representative of McCarthy and Spiesman had inspected Stevens Creek Road and Highway 9. Repair work was authorized for this section. E~ Report, of Police and Fire Chief Mayor presented tabulation of citations for the past month. He presented letter from Mrs. Nestor Barrett, Council President, Girl Scouts of Santa Clara Valley, Inc. expressing thanks for City's participation in Town Meeting. Mayor reported that there is a group in the area which is interested in the affects of narcotics on teenagers and he was requested to aggrange a meeting with other law enforcement agencies. Councilman Lazaneo stated that the tentative date for this meeting -6- 25 is March 2 at the Cupertino High School auditorium. C. Report of Recreation Commissioner Councilman Pelosi reported that Cupertino High School is paying supervisors to open the gym. He talked with Mr. Benevich regarding Collins School and reported that within two or three weeks the stands will be started for a littæe League Ball Park. He referred to a newspaper article which reported that the Mountain View School District had donated a park site and the City was to develop and maintain the site. He suggested that City i'lanager and City Attorney approach School District to see if they might be interested in donating a site for the city to develop. City Manager reported that in accordance with instructions given at last Council meeting, he was preparing a report on parks and this was a program used by many cities to get excess lands for development as parks. Councilman Pelosi referred to Cupertino Recreation Program Contract and requested more time to make a report to Council. City Attorney suggested that City Manager might be interested in seeing contract also. City Attorney reported that a number of parents were pleased with the recreation program at the High School and suggested that the City might be interested in cooperating with the schools on a recreation program. D. Report of City Treasurer Councilman Pelosi reported on letter recieved from Califonnia Water Service Company enclosing a check in the amount of $559.33 representing the annual franchise payment for the year 1959 under Ordinance 62. Also reported was a letter from Santa Clara County, Office of the Controller, giving statement of amount due for fines collected during the month of January. Letter from Division of Highways giving apportionment of gas tax funds fDr expenditure on City streets. Funds to City in amount of $1,410,73. E, Report of City Manager City Manager stated that next Monday, February 22, is a national holiday and asked the Council to declare the holiday. Motion by Councilman Lazaneo that the City Hall be closed February 22, 1960, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Manager reported that in regard to preparing a suitable momento for citizens who have served the City, he has received information from a printing firm in San Jose to print plaQues for this purpose. City !'ianager feels it would be well to order a number of these to have on hand. The price would be $30.00 for 50 plaques. Imprinting costs $6.00 and preservaèion in laminated c+astic $5.00, making a total cost per plaque approximately $11. 75. Motion by Councilman Saich that City Manager be authorized to order 50 plaques. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Manager requested that a petty cash fund of $25.00 be set up for the City Clerk to take care of incidental expenses. Motion by Councilman Lazaneo that City Clerk be authorized to set up petty cash fund in the amount of $25.00. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilsnn, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Manager reported that a questionaire had been sent to -7- 26 ¡... ~ o - = neighboring cities regarding garbage collection contracts and that this information will be compiled for the next meeting. F. Report of City Att.orney City Attorney read agreement between Chester Damico and City of Cupertino covering granting of easements for purposes of ingress and egress from McClellan Road. Also read was Resolution No. 259 authorizing City Clerk and Mayor to execute agreement. Motion by Councilman Saich that Resolution 259 be adopted. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Attorney read Resolution 260 endorsing and supporting the activities and principles of the Children's Hospital and Health Center, Inc. Mayor asked if children were in: a district or were looking for more territory in a district. He felt that City should keep out of hospital district since the citizens do not want to pay for a hospital district. Motion by Councilman Wilson that Resolution 260 be adopted. No. second. Motion dies. Councilman Wilson stated that this is simply an endorsement of policy and that the City is not committed, Councilman Lazaneo stated that Mr. Perkins has information regarding this matter. Councilman Pelosi requested City Clerk to contact Mr. Perkins and request him to appear before the Council at the next meeting. Motion by Councilman Pelosi that City Clerk be instructed to contact Mr, Perkins and request him to appear before the Council at the next meeting to further clarify this project. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Attorney reported that case City of Cupertino vs, City of San Jose is due to be filed March 7, 1960, G. Planning Gommission Report City Manager stated that future Council Agenda will be set up with two headings for Planning Commission Report--(l) Report of Planning Commission and (2) Actions of Planning Commission to be acted upon by City Council. Motion by Councilman Wilson that tentative map, Wilson and Cook, approved by Planning Commission, be approved. Seconded by Pelosi, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 H. Report of City Engineer The matter to be considered in the widening of Stelling through Garden Gate Village is that of curbs and gutters. There is not sufficient space for standard sidewalk, curb and gutters and a 90' street since these improvements would cut off front yards of homes through Garden Gate Village, City Engineer was interested in ascertaining feeling of Council in regard to desired street width since he has been working with other jurisdications to determine their opinions. Councilman Wilson suggested a 75' street with a 5' sidewalk, 4 driving lanes with parking lanes on each side. City Engineer stated that under this proposal the City is still faced with the problem of acquiring land. City Engineer reported that he had talked with Mr. Black and ~as informed that an error was made in the letter stating -8- . . 27 that dedications on Homestead and Highway 9 be made by April 1st. City Engineer stated that the requirement by the State is that a contract be let by April 1st and he suggested that proceedings be started to obtain dedications by eminent domain. Mayor reported that Mr. Rodrigues had stated that they have given Mobil Oil until the 29th February to make dedications. He does not want to take dedications by eminent domain without first advising applicant. Councilman Pelosi suggested a special meeting with Mr. Rodrigues before proceeding with eminent domain. City Engineer was instructed to contact Mr. Rodrigues and inform him of the facts developed. He was also instructed to advise applicant that a special meeting will be held on February 29th if dedications are not received by that date, to futher discuss matter. Motion by Councilman Wilson that Resolution 261 accepting grant of easement for storm drainage from Wataru l'Íine and Kaneyo Mine be accepted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Wilson that Res:)lution 262 accepting grant of easement for storm drainage from Thomas and Joyce Miklosko be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Wilson that Resolution 263 accepting grant of easement from storm drainage from John and Rosalie Orlando be adopted, Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Wilson that Resolution 264 accepting grant of easement for storm drainage from Clarence L. and Windfred Bailey be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Motion Carried: 5-0 Motion by Councilman Pelosi that Resolution 265 accepting grant .of easement for storm drainage from Paul Mariani, Sr. be adopted. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Wilson that Resolution 266 accepting grant of easement for storm drainage from Nick and Katherine Stepovich be adopted. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City E~gineer read letter recommending acceptance of improvements for tract 2378, Country Life Village Unit No., 2. Developers are anxious to have improvements released for their development and an assurance was given that the streets will be cleaned up, City Engineer suggested having the developer deposit ,tlO.OO per lot to have the street cleaned. After discussion it developed that $10,00 would not cover cost of street cleaning. Motion by Councilman Saich that the City Council accept the improvements for Tract 2378, Country Life Village, No.2 and that a $25.00 deposit per lot for future final street clean- -9- 28 ¡.- Þ-3 ~ 1-0 tJ: up be made by the developer, any portion not used by be returned to the subdivider. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Saich, Wilson, Nathanson Nays: None Absent: None Motion Carried: 5-0 the City to City Engineer read letter from Cupertino Crossroad Shopping Center advising that time limit on off-site improvement bond is running out. Councilman Wilson, being connected with the shopping center, removed himself during discussion. Mr. Wilson stated that under the bond they have until march 31 to complete off-site improvements and they hope to complete work now since they would like to see an attractive street con- structed, He also would like to see the storm drain go in on Highway 9 prior to bond deadline. He feels that Standard Oil will be willing to install their storm drain at the same time. Motion by Councilman Lazaneo that City Engineer be authorized to prepare bids for storm drain on Highway 9. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Saich, Nathanson Nays: None Abstaining: Wilson Absent: None Motion Carried: 4-0-1 Motion by Councilman Saich that an extension of one year be granted on bond for off-site improvements for Cupertino Cross Roads Shopping Center, Seconded by Pelosi. Ayes: Pelosi, Lazaneo, Saich, Nathanson Nays: None Abstaining: Wilson Absent: None Motion Carried: 4-0-1 ~]otion by Councilman Lazaneo that City Attorney be instructed to Drepare a resolution commencing annexation proceedings entitled "Stevens Creek No.3." Seconded by Pelosi. Ayes: Pelosi,~azaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Engineer reported a letter from the City of Pacifica requesting to set up a public works committee. Council was not in favor. I. Smog COl1trnl Councilman Lazaneo corrected Minutes of the to Smog Control Report to read as follows: away to the dump". last meeting in regard "Trash must be hauled J. Miscellaneous None X. UNFINISHED BUSINESS None XI. NEW BUSINESS None XII. ADJOURNMENT Motion by Councilman Pelosi that meeting be adjourned. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Meeting adjourned 12:45 A,M. Tuesday, February 16, 1960. Mayor ~~ ~ 1"1' ø~ C lty Clerk -10-