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CC 08-15-60 145 P. O. Box 597 AL 2-4505 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P.M. Lazaneo, Benetti, Saich, Pelosi Nathanson City Manager, City Attorney, City Engineer, City Clerk III MINUTES OF MEETING AUGUST 1, 1960 were corrected as follows: Page 3, (7) should read, "City Attorney asked City Clerk if original peti- tion had been received and if it had been signed by 25% of the assessed valuation." Page 9, last paragraph, "City Engineer stated that every street in the City is a permanent thoroughfare." Page 10, "If there were no Mt. View Road, the subdivider would have to put in entire street." MINUTES AUGUST 4, 1960: Page 3 (V), last paragraph, "Mayor intro- duced the question of street names with respect to .. "Page 4, second sentence, "Mr. Finch stated that the homeowners were origin- ally given to understand that a professional building would be sit- uated. . ."; Page 2, (IV), it was Mayor's understanding that in their discussion, the conditions and all of the pertinent informa- tion regarding any building permits would have to be complied with and upon that basis a building permit would be issued. City Attor- ney stated that conditions should be laid down and conditions should be fulfilled by a bond or cash. City Attorney felt that a building permit should be granted upon meeting of conditons--that the City E'lgineer checks to see that bonds are posted, itc., and then permit is issued. He felt that the procedure should not be to issue build- ing permit and then set conditions. Wording of motion should ce, "Motion by Councilman Lazaneo that upon meeting of these conditions a building permit will be issued to the Cupertino Union Church. . ."; Page 6, motion should read, "Motion by Councilman Lazaneo that upon meeting these conditions, use permit be granted. . ." Motion by Councilman Saich that Minutes be approved as corrected. Seconded by Councilman Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 . . II ROLL CALL Councilmen Present: Councilmen Absent: Others Present: IV ORDINANCES AND RESOLUTIONS FOR ADOPTION 1. Motion by Councilman Benetti that second reading of Ordinance 130 be by title only. Seconded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 City Clerk read title, Ordinance 130. Motion by Councilman Saich that Ordinance 130 be enacted; Seconded by Councilman Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Aosent: Nathanson Motion Carried: 4-0 2. Ordinance 142 fixing the amount of revenue to be derived from property taxes for the fiscal year 1960-61. Motion by Councilman Lazaneo that Ordinance 142 be enacted: Seconded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 ". 146 3. Resolution 352 giving notice of proposed annexation of cer- tain uninhabited territory Stevens Creek No.6. City Clerk read Resolution 352. Motion by Councilman Saich that Resolution 352 be adopted. Sec- onded by Councilman Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 ~ ~ ~ - tJ: 4. Resolution 356 setting a tax rate for the fiscal year 1960-61. Motion by Councilman Benetti that Resolution 356 oe adopted. Sec- onded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 V PLANNING COMMISSION ACTIONS REQUIRING COUNCIL ACTION A. Cook & Wilson revised tentative map, La Cresta. C,uncilman Saich asked if there were objections from the E gineer. City Engineer stated that conditions had been recorrnnendedcut he did not know if developer agreed. Motion by Councilman Lazaneo that map submitted be approved sub- ject to the conditions submitted by the Planning Corrnnission. City Engineer listed recorrnnendations: street to be widened to 60', access road provided to Eaton property, P.G. & E. easement clarification as to entrance and builìRng on lots and street pattern to be worked into development. Councilman Lazaneo felt that decision was to forget area omitted from revised map and suggested that before map is recorded that subdivider resubmit plan in order to assure that it will work in with map already approved. Mr. Cook, developer, stated that map was revised as a result of discussions with Council. Revised map eliminates double roads, which is a modivication of the final map which has been approved. Revised map eliminates narrow access into lot 24, it would elim- inate two long access roads to lots in back of power lines and it would generally improve the manner in which lots faced the street. He is in agreement with Engineer's recorrnnendation for a 60' street. Mr. Cook stated that information regarding the new school was not available at Planning Corrnnission meeting as to whether or not the children from this area would use new æhool. Matter was taken up with the School District and the District in- dicated that children from this area would probably use new school. School District requested a 10' walkway be placed on the property where Unit #2 begins, because it would go through the Eaton prop- erty and would connect with the school. Mr. Cook stated that P.G. & E. prefers that the lines run along the street rather than under the wires, however, they object to the towers being located in the street. P. G. & E. states that chances of wires falling are practically nil and they are not concerned acout it, from a legal and safety standpoint. Regarding revision of sewer and storm drain systems, Mr. Cook stated that his engineers have plans which they will suomit for approval. Regarding stub street, Unit #1, Mr. Cook requested'that the C,uncil revise agreement for run- ning curbs through and not improving this segment and to take the necessary steps to abandon dedication. City Engineer asked Mr. Cook what they proposed to do with stub street area. Mr. Cook answered that they plan to swing Lot 34 the same as the other lots and put an additional lot in area. By doing this there would be two lots facing Salem. City Engineer stated that there is no other access provided in revised map. It is desirable to have a stub street for internal access and to eliminate another access on Mt. View-Stevens Creek. Mr. Cook stated that Planning Corrnn- isãon felt that one or the other should be provided and they felt a pedestrian easement would be more ~atisfactory since this is an R-3 development and would have thè loop and inasmuch as this is the crest of the hill, it would be a natural divider into Creston which is R-l. Councilman Benetti felt that changing po- sition of structures alters question. Mr. Cook stated that struc- tures could be faced either way. Councilman Lazaneo stated that it did not make any difference because it is a corner lot and there will be improvements. Councilman Saich asked if it is necessary 147 to have a street into Eaton Property. He stated the ownrs might not want to have street going into property. City Engineer answered that he did not know whether street is desired. Mayor stated that further down on map there is a road which runs into the Eaton piece. Mr. Cook stated that there is a road going in on Creston and there is a road which will come in on Hillcrest which will go to the school and come through. Motion by Councilman Lazaneo to add to original motion the incorp- orating of Lot 34 of the approved final map and rededication. Mr. Cook stated that the procedure has been the refiling of a sub- division .1' the area. Before that can be done it would be necessary to abandon the street which involves considerable time. City Atior- ney felt that since there are no existing streets and fees have not been conveyed, the procedure would not be too involved, however, he stated that he would check into matter. City Engineer pointed out that some lots are sub-standard for R-3-H. Mr. Cook stated that his engineer had corrected map and that all lots are minimum 9,500 sq. ft. Councilman Saich seconded motion subject to the conditions and revi- sions as indicated on the new revised map-- the proper revision of the entrance to Unit #1 ~hereto, to satisfy the legal and the engin- eering problems of the C~ty. Mr. Cook stated that he has no objection but he would like to make the motion as clear as possible so that there will be no confusion later. They would like to abandon stub street between Lots 33 and 34 on Unit #1 and would also like to revise the subdivision plan. He stated that they have an agreement with the City and that they do not want to have to improve the stub street. They therefore ,would like to have the agre~ent revised so that they will not have ;to put improvements on stub street. He also would like to have the 'City Attorney take necessary steps to abandon street. City Attorney stated, for clarification, that Mr. Cook is requesting tw~~ps, one to be approved by the C. ty Engineer as a replacement þó,Uni t #1. In any event, Mr. Cook wants two maps--one which has been recorded and one which has been approved by the City Engineer. City Attorney stated that he would then see what c,uld be done about substituting one map for the other. Mayor asked if procedure should be to approve Unit #2 as recommended 0/ the Planning Commission and then make motion for the revision or abandonment in Unit #1. Councilman Beneeti asked what the Council would be accepting on the recommendation of the Planning Commission and read from Chairman's report. Councilman Benetti felt that con- ditions had not oeen set down on maP. Mayor stated that conditions were set down on map presented. City Engineer stated that when ten- tative map is submitted there is sufficient infamation on the map, contours, topography, etc., however, this was not given on map and due to time involved for applicant and number of previous delays, he did not want to impose more time on applicant. Mayor stated that Planning Commission recommendation was that map be approved upon meeting of (1) provison for walkway or easement (2) entrance under power lines, safety determination by P. G. & E. (3) A~ne to be 60' street. Mayor asked City Engineer if three requirements had to be met. City Enginær answered that he did not know if 60' is street or easement. Motion by Councilman Lazaneo to abandon stub street in Unit #2 and to provide 10' easement to provide access to the school and that the 60' street into the Eaton property be eliminated to satisfy Planning Commission recommendation that either 10' easement or stub street be provided, and that tentative map be approved in accordance with terms as set down by the City Enginær. Motion by Councilman Lazaneo that revised tentative map, subject to engineering approval and revision in Unit #1, be accepted to include the 10' walkway and a 60' street. Seconded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 B. Page Properties, tentative map, Bean property. Application to rezone 11 lots to R-l. City Engineer stated that his only recommendation was that map be approved subject to normal requirements, posting of bonds, etc. He stated that this is the best possible layout that could be put 148 ~ ~ .... ~~ ~ on the property. City Clerk read Planning Commission motion glvlng DC engineering changes. City Engineer stated that conditions are nor- mal City requirements. Councilman Benetti requested that maps be stamped on day received. Motion by Councilman Saich that tentative map, Page Properties, be approved, subject to normal development requirements. Mr. John Rodrigues asked City Engineer if he would be reimbursed for oversized storm drain which was installed on Shelly now that this property is tied down. City Engineer answered that if devel- opers tie into storm drain there will be reimbursement. City Attorney stated that standard conditions might be defined as any standard condition which might come before the Council. They are, in general, a matter of discussion unless a recommendation comes from the Planning Commission. When a tentative map is pre- sented, the Council should review standard conditiions. He defined standard conditions as those which are imposed on all tentative maps. Specific conditions are imposed on all tentative maps. Specific conditions are those which would be peculiar to a particular tenta- tive map only. He felt that Council should limit itself to specific conditions and forget about normal conditions. Councilman Saich amended motion to state specific conditions. Motion by Councilman Saich that tentative map, Page Properties, be approved as recommended by the Planning Commission subject to standard condi- tions of August 15, 1960. Seconded by CJuncilman Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 VI PAYING BILLS Councilman Lazaneo read title, Resolution 354 allowing certain claims and demands in the sum of $1,866.29, demand numbers 1581 through 1588, plus Water Department claims and demands in tœ sum of $717.68, de- mand numbers 173 through 177. Motion by Councilman Benetti that Resolution 354 be adopted. Seconded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Councilman Lazaneo read title Resolution 355 allowing certain claims and demands in the sum of $4,365.28, demand numbers 1578 through 1580, 1589 through 1602 and 1605, plus Water Department claims and demands in the sum of $1,784.99, demand numbers 178 through 186, 188 and 189. Motion by Councilman Benetti that Resolution 355 be adopted. Seconded by 60uncilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 VII PROTESTS AND WRITTEN COMMUNICATIONS 1. Letter from Yee Enterprises appealing Planning Commission denial for rezone application. Mayor read letler. Matter placed on Agenda, September 6, 1960. 2. From Rom Burrascano giving qualifications to serve as civil de- fense director. 3. Letter from Sanitary District requesting meeting with Council, September 8, 1960, 8:00 P.M., City Hall. Councilman Benetti pointed out that meeting date conflicts with in- vitation received from Junior Women's Club. Councilman Lazaneo sug- gested that City Manager write Junior Women's Club extending Council's regrets that they will not be able to attend meeting. 4. Letter from Jack R. Lyddon--to be discussed under City Engineer's report. 5. From City Attorney regarding building permit, Cupertino Union Church. Mayor stated that Council could not place City in a position of jeopardy and Council must decide what action to take. Councilman Lazaneo stated that it was his understanding that Church would post a bond. Mayor stated that he understood that Church could not post a bond. City Attorney stated that the Council saw fit to extend the bonds 149 as in the case of Wilson, on hardship, however, a bond was posted and Council was secure in the fact that improvement would ultimately be done. Without the Donds, there is no assurance. City Attorney stat- ed that if He Council wishes to change the policy in the matter of churches, groups, etc., they can do so but he feels that the Council should De aware that in the absence of bonds there is no assurance that the City will be in a position to put in improvements. Council- man Lazaneo suggested that City Attorney write to Church stating City's position on this policy. City Attorney stated that it should be formalized by action of the Council and should oe handled through the City Manager. Councilman Saich stated that presently Church is willing to improve at time other property is developed, but Church could come back at that time and plead another hardship case. Mayor stated that according to Mr. Meyerholz, Church would put in improve- ments at the time property owners to the south improved, but the in- tention was that a bond was to be posted. Councilman Benetti s~ed tha t Assistant City Klgineer had made statement that churches could not post bonds. City Engineer stated that church on Miller Avenue prepared plans and posted bonds--he does not know who posted bonds-- contractor or church--however, bonds were posted. Improvements were not made immediately but the coverage was there. Motion by Councilman Benetti that City Manager forward letter to Cupertino Union Church stating the City's position and requesting that bonds be posted satisfactory to the City Engineer to meet the requirements of the City Engineer, and that plans be prepared and agreements entered into; Seconded by Councilman Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 6. Bulletin, University of California, Life Long Learning. 7. Notice of public hearing before County Planning Commission, Deepcliff Golf Course. 8. Letter from Eustice & Feeley requesting that no further action be taken on Pringlewood matter. 9. Letter from the Junior Women's Club of Cupertino inviting Coun- cilmen to attend political meeting September 8, 1960. 10. Letter from Sheriff's Department giving requirements for reserve officers' unit. 11. Letter from Mark Thoms requesting extension of time to install public improvements lots 13 and 14 Monta Vista Subdivision north side Stevens Creek Road between Randy and Blaney. Motion by Councilman Lazaneo that extension of time be granted to Mark Thomas for a period of one year--August 19, 1960 to August 19, 1961. Seconded by Councilman Saich. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 12. Letter from Town & Country Land Company requesting building per- mit for commercial developement. Mayor read letter. City Manager stated that there was some discussion regarding payment for reloca- ting San Jose Water Works meter boxes. City Manager stated that it is customary that cost of relocation of public utility property, when in the right of way, is borne by public utility. City Engineer stat- ed that Water Works believes that their utility is in a 10' strip which is not dedicated road. Mr. Rodrigues stated that the 10' strip is dedicated, however, deed was never recorded. Mr. Rodrigues stated that Water Works is in peculiar position--if land is privately owned then they do not have an easement, but if the property is public prop- erty, then they must move facilities. City Attorney stated that Su- preme Court decided about a year ago that if a utility installation interferred with a public user, the utility would have to remove in- stallation at their own expense. The question is, how much is re- location going to cost. The only people who can move the installa- tion is the Water Works. City Engineer stated that Water company requested a sketch showing where utilities should be moved. The Water company will tell City what cost of relocation~is and the next step would be to negotiate a price with the City. City Attorney stated that there were legal technicalities involved; however, they had nothing to do with the applicant's request. Councilman Lazaneo asked about improvements. City Engineer stated that map shows exist- ing roads but not improvements. City Engineer needs plans showing the existing pavement where Highway 9 ends. He stated that plans 150 have been started but not yet submitted. Councilman Lazaneo asked if building permit could be issued without engineering approval. Mr. Rod- rigues stated that there are no dedications to be made and at any ra~ building permit could not be issued until site clearance is received from engineer. Councilman Lazaneo asked how far improvements will be. Mr. Rodrigues answered up to the entire width of the property fronting High- way 9 and up to the north side of the alley. r- ~ c:: - i:!e Councilman Saich wished to give matter more study. Mr. Rodrigues stated that discussion has been going on since March. City Engineer asked Mr. Rodrigues if he would be agreeable to do improvements on the sosth end of the subdivision and bill the City for the 10' strip. Mr. Rodrigues answered that he had no objection but that time was important. City Engineer stated that plans have been prepared and submitted to the State for aid and stated that if Allario and Rodrigues go ahead at the same time and if Mr. Rodrigues is wining to pave and bill the City for the 10', it might be workable from the standpoint of the City. Councilman Lazaneo wanted plans to be submitted. Mr. Rodrigues stated that he had discussed with City Engineer possibility of State improving Highway 9 and it was their feeling that the City will be in a good position to have State aid for widening of Highway 9. Mayor asked how soon Mr. Rodrigues could have plans ready for City Engineer. Mr. Rodrigues answered that plans could be ready Friday or Monday morning. Motion by Councilman Saich that plans showing dimensions of area to be improved be submitted to the City Engineer and that discussion be contin- ued August 22, 1960 at 7:00 p.m. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Mayor asked if there were protests. There were none. VIII REPORTS OF OFFICERS AND COMMISSIONERS A. No report B. No report C. No report D. No report E. Councilman Læaneo reported that the City is solvent. F. City Manager requested that Labor Day be declared a hOliday. Motion by Councilman BBnetti that Labor Day, September 5, 1960, be de- clared a holiday for City employees. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Councilman Lazaneo holidays to comply but never adopted. Agenda. asked if Council had not passed resolution listing with all surrounding cities. Resolution was suggested Councilman Benetti requested that Resolution be on Councilman Saich asked about Bank parking lot. Councilman Lazaneo asked if dedications had been made. City Manager suggested that he, or someone, talk to Mr. Fields to find out how they proceeded and by what authority. City Attorney advised that action could be filed in Superior Court to re- strain Bank from using parking lot until cleared by City. City Attorney stated that at time Bank applied and received building permit, Bank was violating present setbacks. Also, there was no provision made for parking even though building was doubled in size. City Attorney felt that appli= cant should have come in and applied for building permit, presented plans and specifications, met setbacks and been required to put in additional parking. The course Bank followed was to apply for building permit to make addition and later bought a lot next door (R-l) and put in a high density public use and made no provision for dedications or storm drain- age. Under th Subdivision Ordinance certain lots are exceptions to the Subdivision Map Act, but one of the exceptions no longer becomes an ex- ception if dedications are required. If dedications are required it is a subdivision under the Subdivision Map Act. As to whether the building code requires retaining walls he could not say. City Attorney stated that he could not recommend any course of conduct other than to take it to court and have the court decide. It was his opinion that City had authority in the Subdivision Ordinance. City Engineer state that when building permit was taken out, it would cover paving. Here a parking lot is constructed with no drainage facilities. There is also the prob- lem of what is underneath surface, and concrete wall at the rear of the property. Mayor read Minutes August 2, 1959 stating that parallel park- ing to be in effect immediately. Councilman Lazaneo asked if work on parking lot could be stopped. City AtiDrney stated that City could get -;¡ !!71 ~~. '!oJ' _iL,' restraining order from using it as a parking lot. He stated that if their acts are definitely illegal, the Court can make them take out entire parking lot and restore lot to original use. Mayor asked how a hGEe can be taken down with out a permit. City Man- ager stated that Ordinance 47 requires that demolition of a build- ing requires a permit. City Atotrney stated that question of parking lots came up at Board of Supervisors, the question being what power the Board had over a parking lot. Parking lots have created a problem as to municipal jurisdiction. County Counsel stated that they have prepared an ordinance, but it is not in effect and it was their feeling that enforcement was dubious. They recognize that parking lots should be controlled because they change the traffic pattern and the burden is on the City to control it. City Manager asked Council's policy regarding park- ing lot should Bank submit plans and follow through with dedica- tions for highway widening. Council's position would be to pro- ceed. Motion by Councilman Saich that City Manager contact Mr. Fields regarding parking lot and parallel parking at the Bank. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 City Attorney suggested that architect also be given notice that parking lot will have to be cleared through the City. G. City Attorney reported that executed continuation certificate, California Water Service Co., Peerless Bond No. 220678 is in order. City Attorney reported that he addressed letter to Ward Crump outlining conditons set forth by the City. City Clerk stated that letter had been received and had been signed by Mr. Crump. City Attorney reported that Civil Defense Ordinance, previously enacted, is still valid. H. 1. Martin Brothers. Councilman Lazaneo asked if matters of this sort should not be administrative or Council problem rather than Planning Commission. City Attorney answered that this is not a variance, but it is an exception to the building code and would be judgement of the building inspector. Councilman Lazaneo felt that building inspector should be informed that matters of this sort should first be cleared through the City Manager. Coun- cilman Lazaneo asked definition of H control. His understanding is that it is a sketch of what is proposed to be built and designed. Oity Manager stated that in the future matters of this sort will go before the Engineering Department in order to avoid unnecessary delays. City Attorney read definition of H control. Councilman Lazaneo stated that site control had already been approved. Coun- cilman Benetti stated that Planning Commission, at time he served on Commission, reviewed drawings of elevations and quality of buildings and this was as far as the Commission went on H control. City Engineer felt that some clarification might be needed since it might be advantageous to handle H control and site clearance simultaneously. Councilman Benetti suggested letting H control procedure remain as it is, and upon completion of H control study procedure could be revised. 3. 4. 5. 6. 7. 8. Robert H. Taylor - Agenda, September 6, 1960 Bendik - report from Planning Commission forthcoming Chuck - report from Planning Commission forthcoming. Page Properties - approved Ordinances 002(a) Revised, 139, 140, 141 - September 6, 1960 Agenda Schaper & Stapp - Planning Commission report forthc oming. I. City Engineer reported receipt of letter from Jack Lyddon requesting reimbursement. City Engineer reviewed that Mr. Lyddon entered into an agreement with the City June 1, 1959 to install curbs, gutters, sidewalks, storm drain and dedicate land. An addendum appears at the bottom of Agreement, in Mr. Lyddon's hand- writing, and initialed by him, stating that City shall reimburse owner for cost in full. Addendum was not initialled by City offi- cials. When improvements were completed, Mr. Lyddon submitted a bill to the City for off-tract fees -- the deposit was $1,657.00. After completion of the line across Stevens Creek Road and tie in to the existing storm drain, Mr. Lyddon submitted a bill of $1,430.00. 152 City Engineer presented bill to Council stating that sum was justified and Council paid amount to Mr. Lyddon. Mr. Lyddon submitted later an itemized form requesting payment for over- head charges, share of inspecti on, off-tract fees in the amount of $1,757.95. This amount was in excess of his off-tract storm drain deposit. City Engineer stated that he was instructed to notify Mr. Lyddon that he had already been paid. City Engineer stated that he has been reimbursed $400.00 over the normal fee and further that dedications have never been received. City Engineer read from agreement stating that zoning would revert if dedications are not received. City Manager was instructed to write to Mr. Lyddon requesting deeds and stressing condition that zoning will revert if dedications are not received. ~ ~ ~ - ~ City Engineer stated that he had recommended acceptance of all improvements Urich Oil Company, however, they have dis- covered that one walk is cracked and that plan check fees are still due. Motion by Councilman Lazaneo that acceptance of improvements, Urich Oil Company, be deferred two weeks. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Peloa Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman Lazaneo that Resolution 357 approving plans for improvements Allario Shopping Center be adopted. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 IX UNFINISHED BUSINESS A. Mayor reported that negotiations are still in process with San Jose regarding McClellan Road storm drainage. It was re- quested that this be taken off Agenda until discussions have been concluded. Motion by Councilman Benetti that communications be received and filed. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman Saich that Ordinance 002(a) HeviBed be re- published and that hearing date be set for September 6, 1960. Seconded by Benetti. Ayes: Benetti, Lazaneo, Saich, Pebsi. Nays: None Absent: Nathanson Motion Carried: 4-0 Motion by Councilman Benetti that meeting be adjourned until August 22, 1960 at 7: p.m. Seconded by Lazaneo. Ayes: Benetti, Lazaneo, Saich, Pelosi Nays: None Absent: Nathanson Motion Carried: 4-0 Meeting adjourned Monday, August 15, 1960 at 10:50 p.m. APPROVED: M~ ~ PJ,~ ~TEST: . "~ ,~" ~C , i ty Clerk 153 Minutes of the Adjourned meeting of the City Council, August 22, 1960. Meeting was called to order at 7:00 p.m. Present: Mayor Pelosi, Councilmen Lazaneo, Saich, City Attorney Mr. Rodrigues appeared with plans for his lot on IDe corner of Rod- rigues Avenue and Highway 9, discussed them with the Council and upon a motion made and unanisouly adopted, it was ordered that upon submission of detailed plans to the City Engineer and upon their approval by him and the posting of bonds and meeting the other stan- dard conditions, a building permit would then issue from the Build- ing Inspector. Mr. Rogrigues agreed that as part of the motion he would return a 1tter to the City indemnifying the City for any losses that he might sustain from delay in removal of water works facili- ties. It was moved and seconded, unanimously adopted that the City would assume responsibility fur payment of the cost of resurfacing a strip 10' by 160' which Rodrigues would install and bill the City for its part of the overall job, further that the City would release and quitclaim the 25' strip fronting the new development over to Rodrigues. The Council read and considered Ordinance 143 providing for the re- quirement of two garages per single family residence. By motion made and seconded the Ordinance was enacted as an urgency Ordinance, unanimously. There being no further business, the meeting adjourned. ATTEST: APPROVED: ~,~~~ Ci ty Clerk Ma~;:iM1A1 9 (JJ/JLL