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CC 04-04-60 '51 P. O. Box 597 Al-2-4505 C I T Y 0 F C,U PER T I II' 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING CF THE CITY COUNCIL APRIL 4, 1960 Place: Time: 10321 S. Saraotoga-Sunnyvale Road 8:00 P.M. I. SALUTE TO THE FLAC II. ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Pelosi, Wilson, Saich, Nathanson Lazaneo City Manager, City Attorney, City Engineer, City Clerk III. MINUTES OF THE PREVIOUS MEETING .,ere corrected as follows: 'Page 4. Motion by Wilson that tentative map for R-l development be approved. Seconded by Pelosi. Councilman Pelosi requested that name of subdivider, as well as tract mumber be included in motion. Councilman Pelosi wished to withdraw his second (Cook & Wilson R_l). City Attorney advised that he could voice an objection, for the record, that he was opposed to the motion. Councilman Pelosi stated that he is opposed to the motion because he was misinformed of the intent of the motion. Page 4, penulti- mate paragraph should read, "City Engineer explained that final 25% is due to the contractor. . . . "; Page 7 (E) should read, "Councilman Pelosi stated that at time Burger Pit addition was made, applicants pleaded hard- ship but stated that when other adjacent improvements were installed. they would make their improvements."; Page 7, request made by 6hamber of 60mmerce for donation of $1.500; Page 9, Motion Qy Councilman Wilson that City Clerk be authorized to execute documents w~thdrawing property withih Alves Water Line and the Monta Vista Water Works from the County tax rolls was seconded by Saich; Page 9 (G) should read, "Councilman Pelosi cited cases in other commercial developments where curbs and sidewalks were required . " Councilman Lazaneo arrived at ~:15 P.M. Page 10, Motion by Councilman Saich that improvements for Tract 2346, West- acres, be accepted with provision for a deposit of $25.00 per lot on each remaining lot. . . .. Seconded by Lazaneo. Page 10, in regard to Westacres, City Engineer said that his statement was that strfets were:in such a condition that they were not as bad as in other developments, that the streets were in good condition~, He requested that st.atement "he did not require street cJeanup deposit" be deleted. Minutes were ~pproved as corrected. IV. PUBLIC HEARINGS A. Stevens Creek No. 3 - Annexation Mayor asked if there were protests. There were none. City Clerk reported that there were no written protests. ' Motion by Councilman Wilson that hearing be closed. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Saich that City Attorney be instructed to prepare an ordinance according to Resolution 267, annexing uninhabited territory des- ignated as Stevens Creek No.3. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 B. ~. Cali application to rezone 80 acres between Bubb Road and Rae Lane from A-2:B-4 to R_l (7.500 sq. ft.) Mayor asked if proponents had anything further to add. Mr, Don Bandley, 21490 Columbus Ave.,. representing applicant. stated that there was nothing further. Mayor asked if there were opponents. There were none. City Clerk stated that there had been oral and written protests at 52 ~ ~ ~ .. t1C the Planning Commission hearings. Motion by Councilman Lazaneo that hearing be closed. Seconded by Saich. Ayes: Pelosi. Lazaneo. Wilson, Saich. Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion by Councilman Lazaneo that City Attorney be instructed to prepare an ordinance rezoning property of Rosario Cali, 80 acres between Bubb rtoad and Rae Lane from A-2:B-4 to R-l, 7.500 sq. ft. lots. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 V. ORDINANCES AND RESOLUTIONS FOR AIXJPTION 1. Ordinance 113 rezoning property of John Rodrigues, Jr. et al from A_2:B_4 to C-I_H, 9 acres. Mayor asked if applicant had anything further to add. Mr. Rodrigues. P. 0, Box 591, Cupertino, applicant, reported that alternate plan had been submitted to the Planning Commission upon the request of the Council. Discussion arose as to the necessity of requiring a map for re- zonings. Mr. Rodrigues stated that Planning Commission was confused by requirement for alternate map and therefore indicated that they were in favor of Map 1, but if applicant found that it would not be possible to fol_ low Map 1. that Map 2 would also be acceptable. Councilman Wilson stated that subdividers will not present a tentative map until after rezoning. The only purpose that such maps as these serve is to give applicant op- portunity to express intention about how he intends to improve a certain area in the City. City Attorney stated that this is the first instance where an application for a rezoning was presented with tentative site plans. Tentative map should be approved by the Planning Commission and approved at the next following Council Meeting, but the rezoning, in this case. took several weeks. There is no requirement that there be an expression by ,neans of a tentative map of wha,t is desired. however, there is no right in the applicant for a rezone. For that reason tentative maps have always been filed with the rezone so that Council would know what was going to happen. In this case applicants have expressed intention to follow one of two plans. The Council is not being asked to approve a tentative map. This is nothing more than an idea to show the Council what they plan to do to the property. Mr. Rodrigues stated that the Planning Commission felt that the basic thing with which they were concerned was the commercial aspect, City Manager read Planning Commission motion, Meeting March 28. 1960. Councilman Saicl asked applicant if he will follow plan for racquet club and other recreational facilities. Mr. Rodrigues answered in the affir- mative. Councilman Wilson felt that site is a natural one for commercial use and that City should encourage good commercial developments such as this one. Councilman Pelosi was concerned with procedure. He felt that Council has no assurance of what will happen. The Planning Commission has stated that tentative c "should be presented witt every piece of property for rezoning or rezoning to come up. This property is for C-I-H but he felt that the procedure is not legal. City Attorney stated that maps are not tentative maps but simply developer's plans and have no legal meaning to them other than indicating desires of the applicant if C-I_H rezoning is granted. The only thing as to legality is that the Planning Commission has recommended a C-I-H use and he does not feel the map should effect the legality question since they have no significance other than showing developer's desires. Motion by Councilman Wilson that rezoning. John Rodrigues. Jr. et aI, 9 acres from A-2:B_4 to C--I_H be approved. Councilman Wilson withdrew motion. Motion by Councilman Wilson that second reading of Ordinance 113 be by title only, Seconded qy Lazaneo. Ayes: Lazaneo. Wilson. Nathanson Nays: Pelosi, Saich ¡,:)sent: None Motion Carried: 3-2 City Attorney advised that entire ordinance would have to be read since vote was not unanimous. Motion qy Councilman Wilson that Ordinance 113 be read. Seconded by Lazaneo, 53 Ayes: Lazaneo, Wilson, Nathanson Nays: Pelosi, Saich Absent: None Motion Carried: J-2 Co~cilman Pelosi requested clarification of Item 10 of Exhibit B, which he read, He asked about the necessity of formality since the plot plan is not approved and means nothing. Eo, asked if Item 10 has reference to the present diagram. City ~ttorney answered that, in his opinion it does not. He st~ted that if rezoning is granted it ,~ll be necessary for applicants to come before the Planning Commission with a plot pl~n which will have to be approved by the Planning Commission and then by the Council under arch_ itectural ~nd site control. When approval is made on this level, they will h~ve an approved ~lot plan and these requirements '¥ill have to be met be_ fore a building permit can be issued. The Planning Commission approved either one of tentative proposals and reco~~ended C_I_H zoning. The dec_ isions of the Council now is to approve C-I-H or not. The developer may change their thinking later, but if they do, they will still have to go through the Planning Cow~ission and the Council before anything can be built. Motion by Councilman Wilson that Ordinance llJ, rezoning Rodrigues, Jr. et al from A-2:B-4 to C-I-H be approved, ~neo. Ayes: Lazaneo, Wilson, Nathanson Nays: Pelosi, Saich Absent: None Motion Carried: J-2 property of John Seconded by Laz_ 2, Ordinance 120 rezoning property of Edenvale Land Company from R_l:B_2 to R_J-H, second reading. Motion by Councilman Saich that second reading be by title only. Seconded by Wilson. Ayes: Lazaneo, Wilson, Saich, Nathanson Nays: None Abstain: Pelosi Absent: None Motion Carried: 4-0-1 City Attorney asked if Councilman Pelosi abstained on the question of waiv- ing the entire reading of the Ordinance, Councilman Pelosi stated that he abstained because he was of opinion property in question was another property but he became aware of the ordinance under question. Councilman Pelosi withdrew abstaining vote. Motion by Councilman Saich that former Minute Order be rescinded. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion qy Councilman Saich that second reading of Ordinance 120 be qy title only. Seconded by Wilson. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Clerk reod title, Ordinance 120. Motion by Councilman Saich that Ordinance 120 rezoning property of Land Company from R_l:B_2 to R-J-H be adopted. Seconded qy Wilson. Ayes: Pelosi, Lazaneo, Wilson, 5aich, Nathanson Nays: None Absent: None Motion Carried: 5-0 J. Ordinance 121 amending Ordinance 89, Sign Ordinance. Motion by man Wilson that second reading 'of Ordinance 121 be b,y title only. by Lazaneo. Ayes: Pelosi, Saich, Lazaneo, Wilson, Nathanson Nays: None Absent: None Motion Carried: 5-0 Edenvale Council_ Seconded 54 1- ~ ~ -- = City Clerk read title, Ordinance 121. Motion by Councilman Saich that Ordinance 121 amending Ordinance 89, Sign Ordinance be adopted. Seconded qy Wilson. Ayes: Pelosi, La,zaneo, Wilson, Sa,ich, Nathanson Nays: None Absent: None Motion Carried: 5-0 4. Water Commission Ordinance. Second reading. Motion by Councilman Lazaneo that Ordinance be sent to Water Commission for their approval. Seconded by Pelosi, City Manager reported that Water Commissioners had received copies of Water Ordinance. Motion by Councilman Lazaneo th.t second reading of Water Ordinance be post- poned until the next Council Meeting in order that Water Cow~ission may review at its April l;th Meeting. Seconded by Wilson, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Councilman Lazaneo requested report from Water Commission before the next Council Meeting. 5. Ordina,nce 005B amending Ordinance 005 Cre~ting a City Planning Commission. Second reading. Motion by Councilman Pelosi that second reading be by title only. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Clerk read title. Ordinance OOSB Motion qy Councilman Saich that Ordinance OOSB be adopted. Seconded qy Pèlosi. Ayes: Pelosi, Lazaneo, Wilson. Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 JV. PLANNING COMMISSION ACTIONS REQUIRING COUNCIL ACTION 1. Sylvia Property: Tentative ma,p, R-l; 8 lots, 10,000 sq. ft. Annexation in process, east side of Mountain View-Stevens Creek Road, Councilman Saich asked if water is available for subdivision. City Manager repT'ted that subdivision can be served with water. City Clerk read Planning Commission Motion, meeting :/28/60 and recommendation of City Engineer. Councilman pelosi stated that no provision was made in Planning Commission motion for sidewalks. Mr. Frank Galli. 377 W, Portal Ave., San Francisco, Applicant stoted that he would comply with I-lishes of Plarming Commission and Council. City Attorney stated that it is engineering procedure to not show sidewalks on tent.tive maps. Mayor felt that Motion should show what the intention is. Mr. Galli stated that the indication he received was th.t sidewalks would be required and he accepted this requirement. Motion by Councilman Lazaneo that Tentative M~p, Sylvia Property, R-~, 8 lots, 10,000 sq, ft, east side of Mountain View-Stevens Creek Road be approved, pro- viding for the addition of sidewalks. Seconded by Pelosi, City Engineer asked if Council was requiring marginal side~alks eliminating planting strip or standard City sidewalks. Councilman Lazaneo clarified motion to require sidewalks coming off the curb rather than baving a phnting strip, Mr. Galli asked if he could agree to put in sidewalks if required. after Council has taken a look at the area. Councilman Pelosi felt th2t sidel-lalks would definitely be needed particularly in view of the development which is proposed for this area and asked Mr, Galli if he would object to postponing action until next meeting in order th.t [Ie might look at area. Mr, Galli asked if map could be approved. subject to sidewalks, and at a later date, if possible. request deletion on the cul-de-sac. Councilman Lazaneo withdrew motion, Councilman Pelosi withdrel-l second. ~5 Motion by Council~an Lazaneo that Tentative Map, Sylvia Property, R-l, 8 lots, 10,~00 sq, ft, lots be aýproved subject to the final decision of the side- walks. Seconded by Pelosi. Ayes: Pelosi, Lazaneo, ~ilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 VII. PAYING BILLS Councilman Pelosi read Resolution 287. Motion by Councilman Saich that Resolution 287 in the sum of $2,732.59 plus Water Department Payroll $1,156.39, demands No. 1327 through 13)6, Water De_ partment demands No. 3 through 8 be approved. Seconded by ~ilson. Ayes: Pelosi, Laz.neo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Councilman Pelosi read Resolution 2ü8. Motion by Councilman Lazaneo that Resolution 288 for demands in the sum of $6,178.57 plus Water Department expenditures in the amount of $4,251.13, demands No. 1326, 1337 through 1359 and Water Department demand numbers I, 2, 9, 10 through 23 be approved. Seconded by Wilson, Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 VIII. ORAL CC~IT,mNICATIONS Y~yor reported that Mrs. Giddings will not be able to attend Youth to White House meeting and that Mrs, Atkinson will attend luncheon' in her place. Motion by Councilman Lazaneo that Mrs. Atkinson's luncheon expenses for Youth to White House Meeting will be paid by City. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays; None Absent: None Motion Carried: 5-0 IX. PROTESTS AND ~~ITTEN COMMUNICATIONS There were no protests. Written Communications. 1, Fire violations. 2. BATRC, March 23, 1960, recap of traffic Safety Check, 2/19/60, 3. Urban Renewal 4. Letters from Senator John F, Thompson, Assemblymen Clark Bradley and Bruce Allen acknowledging telegram from City regarding Senate Bill 4. 5, Golden Gate Authority Commission notice of public hearing April II, 1960, 6. Veterans of foreign Wars, March 31, 1960 requesting permission to sell fireworks. 7. Building Industry Conference Board of Santa Clara Valley, March 30, 1960 referered to building Ol1icial. 8, Traffic Survey Blaney Avenue and Stevens Creek Road, Narch 8, II, 14, 1960. 9, Monthly Valuation aeport, building Department, March, 1960. X, REPORTS OF OFFIC~RS AND COK'lSSIONtRS A. Report of Road Commissioner Councilman Saich reported the proposed $7,J ,000 ,000 "Hubbard Plan" and asked the Council's views on plan, City Attorney felt that under plan, underdeveloped area would not be receiving as much benefit from plan as areas already developed. Councilman Saich stated that he will attend meeting on the 13th if he is elected, but in the even that he is not, he suggested that another Councilman be pre- sent. Councilman Lazaneo felt that City Manager should attend meeting. Councilman SaicL pointed out that it is necèssary for a Councilman to be pre- sent to call the vote~ Councilman Lazaneo stated that he would attend meeting with the City M~nager. Councilman Pelosi felt that this should be given more study ~nd perhaps an engineering study before voting takes place. City Attorney st.ted that the bond issue ~ill be voted upon Qy the voters. Councilman ~ilson stated that the bond issue would be meted out over a 20-:,ear period and even a $203,000,000 bond would cost taxpayers 17 cents in the first fe" years and the later yeare, reaching a maximum of 25 cents in the peak years. He felt that this is low fare for commutation in the Valley, Motion by Councilm~n Pelosi that meeting be adjourned until Saturday, April 4, 56 1960 at 10:00 a,m, for a study session on the Expressway ~ystem, City Manager and City Engineer also attending, Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, ~ilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0, ¡...¡. ~ ~ o.- tc B, Report of Police and Fire Chief - No report. C, Renort of Recreation Commissioner. Councilman Pelosi stated that he had receiv~d another bid on the portable bleachers and would m~ke report to Council at the next meeting. He also re_ ported setting up a meeting on community recreation center and suggested th3t the City take over this recreational center, which would involve a sum of $1,00 for transfer, maintenance of the building, lights, water and some supervision. Councilman Pelosi has started forming a recreation committee comprised of citizens from various subdivi'sioni. Mrs. Bennett, Mrs. King, Mrs, Woodruff and Mr. Hoyt have been contacted, and Mr, George Ferrier will meet the group on April 18 regarding location of branch library in Cupertino. Councilman Pelosi reported that he would like to start a summer program at Collins School with paid supervision and, if possible, also at Cupertino High School. Motion by Councilman Wilson that Councilman Pelosi be authorized to spend up to or approximately $600.00 for the purchase of bleachers. Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 Motion qy Councilman Saich that Councilman Pelosi be authorized to spend $2,500 for equipment and personnel for a summer recreating program. Seconded by Lazaneo. Ayes: Pelosi. Lazaneo, Wilson. Saich. Nathanson Nays: None Absent: None Motion Carried: 5-0 D. Report of City Treasurer Councilman Pelosi reported a letter of March 21, 1960, to City Clerk, state- ment of taxes collected on trailer coach licenses, Cupertino's share $132,16 and a letter March )1. 1960 from P,G.& E. reporting revenue to Cupertino in amount of $2.5)8.47 for gas and electric franchise covering the 1959 calendar ye_r. E. Report of City Manager City Manager reported that on Wednesday, April 6, the streets in Idelwild and Lynwood subdivisions would be swept, Kaiser Aluminium has requested permission to move its pumping facilities to Water Department property. City Manager recommended that permission be granted under certain condi~ions and an abree- ment that thEY would have to locate the pump where the City directs and pay for all incidental costs. Kaiser has until ~~y )0 to move facility and to notify the Blackberry Farm, The matter waS submitted to the Water Commission for its decision and discussion at meeting scheduled April 1). F. Report of City Attorney City Attorney submitted insur¡mce coverc'ge for garbage trucks, Los Altos Gar- bage Company and requested that they be approvcD and made part of the records of the City. Motion by Councilman ~ilson that insurance policies covering trucks of Los Altos Garbage Company be made part of the records of the City. Seconded by SÜch. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 City Attorney reported letter from City Engineer regarding the widening of Highway 9 and a request received from the County to adopt Resolution 284 and 2Ø4-A. City Attorney read Resolution 284 and Resolution 284-A. City Engineer reported a meeting in San Francisco with State representatives and cities of Sunnyvale, Cupertino, San Jose, Saratoga and the County .nc' "rom this meeting it WQS det€n.~,1ed that the State would put in four lane highways on Highway 9 if rights of way are acqujred by the cities. It was also determined that the 57 best procedure to ~cquire rights of way would be by ~ssessment proceedings. The state therefore requests that Resolutions be ~pproved by respective city councils so that they could make ~ report to the Bo~rd of Supervisors and could then notify Division of Highw~ys th~t cities ~re pl~nning to ~cquire rights of w~y by July. City Engineer st~ted th~t citizens were present op- posing assessment proceedings but that purpose of meeting was to get re~_ ctions of the people. Councilm~n Pelosi st~ted th~t some property owners on Highw~y 9 ~re willing to dedic~te for widening to four l~nes but would object to h~ving to pay for six l~nes. He felt th~t by ~dopting Resolutions the City would be co~mitted to institute proceedings to form assessment districts ~nd before doing this, he would like to h~ve more information, Councilm~n 1az~neo s~id th~t property owners would h~ve to vote on ~ssess- ment district. City Attorney ~dvised that the ~uthority of the Council to widen Highw~y 9 is limited to ~cting ~s ~ he~ring body ~nd that the people ~ffected by ~n ~ssessment district will vote for or ag~inst it, He finds noth~ng in the Resolutions which would commit the City. Councilman Wil_ son pointed out th~t the St~te is willing to spend $1,300,000 to widen Highway 9 from Sunnyv~le, the S~r~otg~_1os G~tos Road into 10s Gatos, which would eventu~lly result in a consider~ble s~ving to prope~ty owners. Motion by Councilman Saich that Resolution 284 be adopted. Councilman Pe- losi stated that he would abstain because of a lack of knowledge regarding the methods. Be felt th.t the Council should meet to discuss procedure to be folLowed. Councilman Lazaneo suggested that this be discussed at meet- ing scheduled for Saturday morning. Councilman Saich withdrew:motion. City Attorney read Resolution No, 285 regarding procedures on payment of s.laries or wages. Motion by Councilman ~ilson that Resolution No. 265 be ~dopted. Seconded by S.ich. Ayes: Pelosi, 1azaneo, ~ilson, baich, Kath~nson Nays: None Absent: None Motion Carried: 5-0 G, Planning Commission Report 1. Site Control - Rodrigues Commercial Building City Engineer stated he recommends that site and engineering plans be sub- mitted and if the Council wishes to del~y the widening of Highway 9 the developer could post bonds for the widening, and in case the widening did not go through, the City could go back and do it. This, he stated, would have to be a policy decision by the Council. Councilman Pelosi suggested that matter be tabled or sent back to the Planning Commission to have plans drawn up with the proper engineering report for submission to the City Engineer. City Engineer stated that Planning Commission has already made recommendation but did not specify th.t engineering plans be submitted, V~yor Ðead Planning Commission motion, meeting ¥~rch 28, 1960: "Motion Qy Commissioner Leon~rd thct Planning Commission approve site subject to these condtions: (1) th~t a bond be posted satisf.ctory to the City engineer, City Attorney and City Manager to assure eventual construction of curb and gutter on the plan line of Highway 9 in front of this development; (2) that if the City agrees to dedicate back excess land to developer:, developer be required to construct curb and gutter in front of the balance of his existing commercial holdings from Rodrigues Avenue to Scofi~d Drive, Seconded by Cali." City EngineEr requested that this be made part of the records, Councilman Pelosi stated that more than a Planning Cow~ission motion is required. He stated that other developers in this ~rea were required to put in improvements and feels thRt developer should be required to pay cash. City Engineer st.ted th.t the normal procedure is to have the developer enter into an agreement with the City and th~t they post a bond to a"sure that the work be done. Mr. John Rodrigues, P. O. box 491, applicant, stated that he is not object- ing to the widening and 1reprovements, and that he has ~lre.dy ~greed to the improvements on Rodrigues Avenue. If they ~re required to improve now, the curbs and sidewalks would be in the center of the service road. ~nen entire installation is improved on Rodrigues and Scofield they will put in improvements, Councilman Pelosi stated that he would like to see an engin- eering report on this property. Mr. Rodrigues w.s in agreement but stated that he could not have his engineer go ahe~d with pl~ns until he knew what the City was going to do. Mr. Rodrigues ~rranged to discuss preparation of plans with City Engineer. 2. Shell Oil Company Gas Station, use permit, ~rchitectural and site approval. 58 City Lngineer stated gas station is on corner Stelling and Stevens Creek "oad. Improvement plans have been presented and approved, street lights and fire hydrants have been provided. Stelling is a 90' street at the intersection and Shell Oil had conformed to the setbacks, that improvement plans conform to the City standards and a standard bond has been posted. Discussion arose as to the location of a valve box in the Alves Line which ,'ould be in the new street right of way. City Engineer stated that this would be taken care of by Item 10 in their standard list of conditions for street improvement. r- ~ L: ..... tiC Motion by Councilman Laz,ar,"? that Resolution No. 286 authorizing the Mayor and City Clerk to execute the agreements accepting i.mprovements for Shell Oil Company gas station, Stevens Creek and Stelling, Seconded by Saich. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 3. Approval of Foothill College site conditioned on the dedic"tion and wid- ening of Stelling, Stevens Creek Blvd. and McClellan. City Clerk read Planning Commission motion. Motion by Councilman 0aich that City Manager be authorized to write to Foot- hill College District advising them that the City Council approves the Foothill College site subject to the dedication of lands for street "~dening, complete improvements in accordance with City standards, deposit of storm drainage fees and payment of samitary district fees and recommending that the Sanitary District be cleared for their necess.ry requirements, Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nay s : None Absent: None Motion Carried: 5-0 H. Report of City Engineer City Engineer reported that a temporary improvement job was done on Blaney Avenue by the City of San Jose. City Engineer has not been able to contact owner of Burger Pit, but he intends to show owner what is going to be done across the street. Improvement plans for Cook & Wilson development, west side of Stevens Creek have been completed with the exception of water lines and the developer has been instructed to draw ur plans for water lines. Mr, Wilson, 25481 Purissima Ave.. Los Altos Hills, applicant, stated that befoDe property w~s annexed to City, water was available from Monta Vista, but now there seems to be some problem as to how he is to get water to sub- division. Assistant City Engineer, George Perkins, requested Mr. Wilson to post a bond for water, which he has done, and he requested that Council approve map, and when City Engineer has completed improvement plans, the agreements can be then executed. City Engineer stated that a private eng- ineer is to prepare the water line system and that he will check plans sub_ mitted by developer's engineer. Mr. Wilson stated that he is being required to prepare a water map without knowing where connection is to be made. City Engineer stated that the Water Department needs a Master Plan and if developer wishes to push adoption of his plan has only alternative is to submit some- thing to the City for checking or else to wait until a Master Plan is adopted for the Water Department. City Manager stated that he had recommended to the Council that the subdivider put in the intract water sYRtem rather than the City. He said that prior to anne~tion, Mr. Wilson was aware of where water w.s to be connected from the Monta Vista Water Works, City ~ngineer stated that former owner had prepared maps of the extention of water to this development, but that maps have not veen found as yet, Mr. Wilson said th,?t he did not see plans but that he a ssumed that they did exist. City Manager stated that there are no plans. City ~~n.ger st.ted th~t Mr. Damico's proposal WëS to valve off and ccntinue on with a 16" main from Phar Lap that would go across Stevens Creek-Mount.in View and eventually go into proposed reservoir site, City Attorney asked Mr. Wilson if the Damico commitment provided for part of the financing of the line to his property. Mr, Wilson stated th¡;t he Lad a,n agreement to get water and that he ,'ould rather not disclose the nature of the agreement. City lttorney stated that if there is a written commitment between Damico and Cook & "'il- son and also a contemrl,,-ted commitment to Mrs. Baton, they would be a part of the City's records. City Attorney would agree that the Damico agreement has expired since the development did not take place when planned. Council- man Lazaneo suggested t'entatively approving final map, City Attorney stated 5{9 th~t map cannot be approved until water arrangements are made. It was his opinion that the developer could not be expected to pay for engin- eering a line from Phar La, to his property. City Attorney stated that if Cook & Wilson had a contract with ~æ. D~mico the City would have to assume the burdens of that contract as well as the benefits. It w~s Mr. Damico's opinion that the contract was not binding on the City at the point of ~cquisition but if it was a sound commitment to Mr. Damico, it 1,ould also be to the City, Councilm~n Laz~neo wished to give tent~tive approval so that developer could begin construction and other m~tters could be worked out. City Engineer said that final m~p could not be filed unlees approved. City Enginéer felt th~t ~n agreement could be prepared to include installation of water lihes. Mr. Wilson said that improvement plane could be drawn up within four or so days but that he would still have to enter into a formal agreement with the City before the map could be recorded. Councilman Pelosi suggested th"t another public hearing be set after all facts have been gathered. Mr. Wilson stated that he has a commitment from the Monta Vista Water Company agreeing to furnish Cook & Wilson water. Cook & Wilson agreed to pay them the cost of intr.ct only anò they agreed to operate under the PUC regu- lations. There is another agreement between Cook & Wilson as individuals and Chester Damico, Jr., and Frates, individuals, wherein a compensation in the form of a repayable loan over a thirty year period was made, City Attorney stated that it is questionable whether or not there is a bonding agreement on the City. A commitment was made orally to Cook & Wilson to furnish water and the Cit;i should not detc'rmine the cost of getting water to the prope!'ty, Any commitment on reimbureement of a personal loan has nothing to do with the City. Motion by Councilman Lazaneo that City Engineer be authorized to prepare a plan with the cost of running the water line frum Phar Lap Drive to the Cook and Wilson property and also the preliminary work on the obtain- ing of easements. Seconded by S.ich. Ayes: Pelosi, Lazaneo, Wilson, 5.ich, Nathanson Nay e: None Absent: None Motion Carried: 5-0 City l'lanager WilS instructed to cont.ct school reg;¡rding their plans for w.ter .nd sewers. ~ City Engineer presented a preliminary study made of the Fischer property. A meeting was held with Mr. Rodrigues. City Manager, Assistant City Engin- eer to determine the developing of storm drain system in this area. There are 275 acres of drainage area and if $212,000 c.nnot be raised for the storm drain, there might be some thoughts of dry wells. City ¥~nager stated that he suggested to developer that they might install the storm drain and then be reimbursed but this did not meet with much success. ¥~yor su,gested contacting people in the a,rea who would benefit from this to see if they would be inclinEd to make contributions to storm drain- age along the lines taken with sanitary sewers. XI. UNFINISHED BUSINESS Councilman Saich asked about the p~rking situation in front of the bank. City Manager stated thet he had written to Mr. Fields and Mr. Fields had answered that the City had an obligation to put up park parallel signs. City Xanager reported that signs will be put up, Councilman P~losi suggested that poseibility of obtaining air conditioning be looked into. Motion by Councilman Pelosi th.t City Manager be authorized to get bids on air conditioning units and report to the Council. Seconded by Lazaneo. Ayes: Pelosi, Lazaneo, Wilson, Saich, Nathanson Nays: None Absent: None Motion Carried: 5-0 XII. N~W BUSINESS A, Fireworks Permits Mayor read letter from Veterens of Foreign Wars requesting permission to sell fireworks. Councilman Pelosi stated that an ordinance waS passed limiting stands to non-profit orgainzations, Matter was tabled until next meeting. XIII. ADJOURNMENT Motion by Councilman Pelosi that meeting be adjourned until Saturday morning, April 9, 1960, at 10:00 a.m. Seconded by Wilson, 60 Ayes: Pelosi, Lazaneo, Wilson, Saieh, Nathanson Nays: None Absent: None Motion Carried: 5-0 r- ~ ~ ¡.,." tiC Meeting adjourned at 12:50 a.m. Tuesday, April 5, 1960. APPROVED: Mayor, City of Cupertino Attest: ~~0¿'~.~ City Clerk