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CC 08-07-61 383 At 2-4505 10321 SO. SARATOGA--SUNNYVALE ROAD C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - AUGUST 7, 1961. Place: Time: 10321 So. Saratoga--Sunnyvale Road 9:00 A,M, I SALUTE TO THE FLAG II ROLL CALL: Councilmen Present: Benetti, Jewett, Pelosi, Saich and Lazaneo Councilmen Absent: None Staff Present: City Manager, City Attorney, City Engineer and City Clerk III MINUTES OF THE PREVIOUS MEETINGS: JUly 14, 17, 22, 24, 1961. Moved by Councilman Saich that the minutes of the aforementioned meetings be approved as submitted, Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: IV PUBLIC HEARINGS: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 A, Annexation Hearing: Stevens Creek 13, - Ordinance 184. The Mayor opened the hearing and extended the gratitude of the City to the Garrod family for their willingness to extend the boundaries of the City of Cupertino in an annexation which joins the city limits of Saratoga and Cupertino. .The Mayor called for protests to the annexation and the City Clerk read into the record a letter of protest On behalf of the Robert C, Nellis family, owners of 80 acres, The protest is not in the majority. There being no further protests, moved by Council- man Saich that the hearing be closed, Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Ordinance 184 was given first reading, approving the annexa- tion of certain contiguous, uninhabited territory designated "Stevens Creek - 13" to the City of Cupertino, B. Weed Abatement Hearing: August 7, City Hall, is the time and place for hearing of any objection to the proposed weed abatement proceedings. The Mayor called for any written or verbal protests to the weed abatement proceedings. There being none, moved by Councilman Benetti that the hearing be closed. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Saich that the City Attorney prepare a resolution ordering the Chief of Police to abate the weed nuisance or cause the same to be abated. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 -1- 384 1·.... þrr."~ I~·"~ C, Louis A, Pa~anini! Application to rezone StêvenB Creêk Road rrontage, south side;-Crom R-3-H and R-l:B-2 to C-I-H to a depth of 500 ft; between Blaney and East Estates Drive. Recommended by Pl~n~in$ Commission Resolution 51. Continued, (City Attorney OpImOn) . I",.., J::)d The Mayor referred to the City Attorney's memorandum on the subject and asked for further details. The City Attorney briefly defined the nature of the public hearing with its requirements for a published notice and property posting, The function of the hearing is to acquaint the public with the nature of an application and announce the time and place for voicing opinions thereof, As a general rule any party wishing to speak in a particular subject will be required to address the Council at the time of the noticed hearing as stated in the news- paper and as stated on the notice posted on the subject property, If insufficient data has been submitted, the City Council may in its discretion continue the hearing, The legal requirements are met if the minute record of the City shows that the Council has continued the public hearing, However, the City Attorney advised that a new published hearing should be held if any extensive con- tinuance is granted, meaning a period in excess of two regular meetings or one month's time, There is no code section on the subject, but this practice would serve to keep the public infûrmed in the event that applications are tabled from time to time or for any extended period, Councilman Benetti asked if the public hearing should be closed or whether it would be proper to close it, The City Attorney answered that the Council had several alternatives, namely to close the hearing, table the application, grant a continuance, or pass or deny. Councilman Jewett asked whether protests submitted six months ago are null and void, The City Attorney responded that it is not a question of being null and void because the signatures of protest have no legal significance such as those of property owners in an annexation hearing, their effect consists in their persuasive power upon the vote of the City Council. He concluded that all records of the City can be considered by the Council in their deliberations, He also said that a review of everything that took place at the previous meeting or meetings would be a physical impossibility. Councilman Jewett as!ced why, if Paganini simply picked up or resumed the existing application without posting a new $100,00 fee, the initial protest should not prevail. ' Councilman Pelosi maintained that many applications are revised and amended without additional fees. In the present case, he said, numerous meetings and study sessions took place resulting in the present application before the City Council, The general concensus of the Planning Commission arrl the applicant with consideration given to the public has prevailed and is reflected in the present application for C-I-H zoning 500 feet deep. The City Attorney repeated that the Council can very well consider all data, documents, petitions and protests submitted at any time but that the test or criteria of an additional $100.00 is not important, The Bona Sera file was produced, The Mayor read excer2ts from the petition dated December 17, 1960 and received F'ebruary 6,1961. 446 signatures are appended. The letter of the Paganinis was noted, asking appeal, also the Planning Commission resolution denying the original Bona Sera application, the letter from the Cupertino Board of Education raising objection to the application, two letters of Donald Frolich on behalf of Idlewild Homeowners Association, plus the various maps and exhibits. The Mayor remarked that the big petition specifically said the protestants have no objection to some 400 feet of C-l-H. -2- ~ º8~ ~jI -,0' COillîcilman Jewett still contended that the protests of six months ago be counted in the consideration of the present applica- tion. If this is not the case, he said that residents of Idlewild would lilee to be heard at the present time, The Mayor recognized Nick Kuhn, 10225 Richwood Drive, Cupertino. He said the Idlewild residents do protest the 500 foot zone, largely on the basis of the unknown quantity which might result, He spoke of having C-l-H across the street from Wilson School. He referred to the minutes of April 24, stating that the first amend- ment to the original motion calling for 500 feet of zoning instead of 450 feet, carried by a vote of 4 to 3 in contrast to the roll call on the main motion, after two additional amendments, which carried 6 to 1, There being no further speakers on the subject, Councilman Pelosi that the public hearing be closed. Councilman Benetti. moved by Seconded by AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Pelosi that the City Attorney be authorized to prepare an ordinance rezoning the property according to the present application, 500 feet of C-l-H on the south side of Stevens Cre~{ Road. Seconded by Mayor Lazaneo, Discussion followed, Councilman Benetti said that he has investigated the application since the previous Council discussion and satisfied himself on all points except one, namely, the proper depth of C-l-H zoning throughout the City, not confined to the present application. He remarked that other properties have been zoned much deeper than 500 feet, in the vicinity of 800 feet, On the other hand, one applicant failed to get an additional 10 feet, He reiterated that the thing to resolve is the policy on the proper depth of commercial throughout the City. The Mayor said it was his contention and he said that the past minute record will certainly verify, that the City should have deeper commercial zones in order to secure better developments with better parJ{ing, better landscaping, better construction and better appearance in general, Councilman Jewett stated that Paganini has not presented any plans, but seeks the rezoning in order to go and find a developer, He said he would have no qualms if plans had been submitted, but he said he wants to be on record as opposed to commercial zoning for speculative purposes. It could result in 800 or 900 foot commercial he said, The Mayor reiterated that preparation of an ordinance would give the City Council one month to consider the vote. Councilman Jewett said he is not ready to vote on an ordinance, The City Attorney repeated that the motion to table, motion to continue, motion to deny, or motion for the preparation of an ordinance are all in order, Councilman Pelosi said that the practices of the Council over the years show that an ordinance is a formality and the main method of bringing a proposed rezoning to a conclusion by the City Council. He felt that the matter could be adjudicated in one month, He reminded the Council that the intended study session on the Paganini application and the subject of commercial depth has never been held, He said he was ready to hold this study session tonight, The Mayor agreed that the preparation of an ordinance does not constitute zoning prior to the time when the vote is cast at the second reading, Councilman Benetti said that he is not against the application. If the depth for the whole city is discussed and resolved in a satisfactory manner, he is willing to vote on the Paganini ordinance, -3- 386 I-1> ~ r"~ -'. -. 1\·""11"" Cow1cilman Jewett also agreed that if a feasible formula for commercial depth is reached, he is on record as Hilling to proceed with the consideration of an ordinance rezoning the property under discussion. S·t:~~ AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 The Mayor marked the subject for the adjourned regular meeting of August 10, 1961, D. Herbert Ketell, Inc,: Application for Variance for sideyard setbacks on le lots, northwest corner of Highway 9 and Stevens Creel: Blvd. Recommended by Planning Commission Resolution 60. Councilman Saich absented himself from his seat. The Mayor declared the hearing open and recognized Thomas Burrascano who objected to the variance on the ground that it would sacrifice appearance of the City in eliminating the additional 7 feet of sideyard. He said the variance will defeat the purpose of the ordinance which is designed for the benefH of the City and that it can only serve to assist the OW1er in renting the apartments, He referred to the Planning Commission hearing and presentation of the applicant ~hd said that it will be a dis- service to the City if these sideyards are allowed to become weed pa tches, Donald Barr, on behalf of the applicant, stated that the developer intends to concentrate the living area between the wings of the building, not in sideyards. The Mayor read the sideyard setback clause in Ordinance 160 and asked the City Attorney for interpretation. Mr, Anderson responded that each sideyard would have to be 17 feet to comply with the ordinance, Councilman Jewett felt that the application required restudy of Ordinance 160 with particular reference to the amount of property being covered by the bUildings. He said there are indications that the present layout may be good for the development. The !~yor gave as his opinion that the R-3 ordinance is a good one but it is inevitable that applicants will apply for variances, In some cases, he said, strict compliance with the ordinance can detract from the development, Councilman Benetti said that 18 lots appear to him to be some- what beyond the real nature of a variance and more than the ordinance allowing the variance generally intends, He said the applicant should adhere to the ordinance and furthermore that there is no rhyme or reason for the present application. The Mayor asked the Chairman of the Planning Commission to address the Council on the subject. To summarize !·1r. Small stated that close examination of the application indlcated that it would allow a good housing development and avoid the San Francisco type of apartments, wherein the buildings are designed on a square or rectangular, solid basis, The Ketell map provides areas for the landscaping, recreation and good living for the tenants. Councilman Benetti a.s!ced what it was that was unique about the development. Mr. Small said that the courtyard opening, which provides a fine recreational area, is unique. If the wing desigTI were not employed, the building \'JOuld not be as attl"active, Councilman Jewett said that the cover~ge requirements in the ordinance would permit the builder to erect biGger buildings than presently proposed, Mr. Burrascano said that the ordinance permitted no more than 20 units per gross acre, thus controling the population density -4- 387' and also that the other factors in the ordinance, such as coverage, would prevent much extension. Councilman Pelosi observed that the buildings can be moved and that the builder enjoys a certain amount of flexibility while still complying with the ordinance. For example, the 20% of lot width, plus three feet for each story over one need not be divided equally; any sideyard could be as narrow as 9 feet with the remainder of the 20% being on the other side of the building. He said that the Ketell apartments have more recreational areas, specifically swimming pools, than exists in the entire City at the present time, Councilman Benetti asked the City Attorney to review the meaning and nature of a variance, The City Attorney read clauses about a variance in Ordinance 2A (Revised). Councilman Benetti asked further if the ordinance intended to permit variances of such scope, perhaps some 80% of the lots. The City Attorney answered that it should probably be con- strued as a single variance which affects the vast majority of the lots in the subdivision; viewed in this guise the numerical sequence is not as important as the actual effect on the public interest. Councilman Pelosi submitted that the Council is not infallible, that some ordinances are excellent and some are not. If a develop- ment is good for Cupertino, a full discussion of the application should be held, Moved by Councilman Pelosi that the public hearing be closed. Secon¿ed by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi and Lazaneo None Saich 4-0 Councilman Benetti stated that six months ago the entire Council was in agreement that Ordinance 160 was good, He said that more thought should be given to the application, He said further that he is unable to see how any other applicant could be denied the same variance. The ~~yor disagreed, contending that each application must be decided on its merits. Councilman Jewett said the application is good for the City and that the recreation areas especially would provide a needed service, Moved by Councilman Jewett that the City Attorney draft a resolution authorizing the variance as sought by Herbert Ketell, Inc, Seconded by Councj.lman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi and Lazaneo Benetti Saich 3-1 Charles Spencer, 10950 South Saratoga-Sunnyvale Road, took the floor and expressed the view that there seemed to be confusion concerning the exact nature of the application with respect to the City regulations, adding that it was difficult for the public to anticipate and reach an opinion in that case. The Mayor said that the application originated, as do all applications, at the Planning Commission level and the Council has every right to assume that any interested person can apprise him- self of the facts involved in an application by attending the Planning Commission meetings, Public hearings are also held before that body and all are invited to speak. All persons wish- ing to be heard are given a chance, Mr, Spencer said he is not protestirg * * * * * Councilman Saich resumed his seat on the City Council -5- 388 !~ þ~ e~; E. Louis Stoc!Ümeir: Application for rezoning from R-l:B-2 to b,".' R-l, R-3-H and C-I-H; property located along Stevens Creek Road near Scenic, Querida and Crescent, Recommended by Planning Commission Resolution 61. The Mayor opened the hearing and requested the posting of maps and called for opinions from the floor; there were none. The proposed zones were outlined on the map exhibits, Moved by Councilman Saich that the hearing be closed. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 Moved by Councilman Saich that the City Attol~ey be authorized to prepare an ordinance rezoning the Stoclclmeir property per application and per recommendation of the Planning Commission, Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 V ORDINANCES AND RESOLUTIONS FOR ADOPTION: A, Ordinance 185: Rezoning property of Stella Gertson from R-l:B-2 and A-2:B-4 to C-I-H and AR; 4 lots, McClellan Road; 4 lots, Mountain View-Stevens Creek Road at McClellan; 17,5 acres east of Mountain View-Stevens Creek Road. First Reading, First reading given, B, Ordinance 186: Rezoning property of Earl Sorenson from A-2:B-4 to R-3-H; 111' x 215' south side of Homestead Road, 213' east of Blansy, First Reading. First reading given, C. Resolution lf77: AdoptJ.ng Budget for Expenditure of Funds Allocated From the State Highway Fund to Cities (Gas Tax). r10ved by Councilman Saich that Resolution Lf77 be adopted. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: VI PA YING BILLS: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 A, Resolutions 475 and 476. Moved by Councilman Benetti that Resolution 1.75 be adopted. Seconded by CoUncilman PelQs2. AYES: Councilmen: NAYS: Councilmen: ABSE~~: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo NO¡1e None 5-0 Moved by Councilman Saich that Resolution 476 be adopted. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None Hone 5-0 -6- 389 VII PROTESTS AND WRITTEN COMJmJNICATIONS: With rererence to Ordinance 185 rezoning property o~ Stella Gertson, Dean Sayre, 10805 Mountain View-Stevens Creek Road, Monta Vista, said that he would like to inquire about the l7t acres pro- posed for an AR district. He said he is in favor of recreation but tha t San Juan Road which ¡Üll provide an entrance to the property is substandard and only 18 feet in width, Furthermore, 1,054 truc!~s pass by on Mountain View-Stevens Creek Road every 8 hours making the access to the l7t acres entirely unfeasible, He said further that he thinks the sewer service is inadequate, He characterized the area as a rural slum, but one I'lhich is rapidly changing for the better, He also said he has reason to believe that the water supply is inadequate, adding that he has been asked to cut consumption by 25%. He advised the City Council that the vast majority of the residents nearby are against such a develop- ment and he suggested that any use other than residential be regarded by the City Council with disfavor, (1) Town and Country Realty: clean-up deposit in the amount 2436, "Westacres", Letter requesting return of street of $1,200,00 in the name of Tract The City Manager and City Engineer recommended return of the deposit as per request, Moved by Councilman Pelosi that the street clean-up deposit of $1,200.00 be returned to Town and Country Realty Company, Seconded by Councilman Benetti, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 (2) Joseph F, Brown: Request that his application for rezoning be scheduled for rehearing as soon as possible, The Nayor scheduled the application for the next meeting of the Planning Commission, (3) Chamber of Commerce: The local Civil Defense Director and the Chamber of Commerce have asked the cooperation of the City Council in their attempt to encourage "family survival shelter building" by waiving building permit fees for builders, and City. property taxes, and accepting federal specifications for same and individual plans which meet federal strength and protective standards, including pre-fabs. The letter also requests that the building of public shelters be studied by the Council. The ~~yor instructed the City Manager to prepare a report, Carl Tucci, President of the Chamber of Commerce put in a bid for Council endorsement of the program and said the request is very timely in view of the latest international developments, (4) Division of Highways: Notice of meeting relative to bus loading facilities along freeway routes within the Cupertino area, The meeting will be at 2:00 P.N" August 17, in Room 343, at 150 Oak Street, San Francisco, The City Manager was authorized to answer the letter. (5) County of Santa Clara, Department of Public Horks: Letter regarding agreement between Cupertino and the Board of Supervisors covering reimbursement by the City to the County for the cost of right-of-way to be used for the widening of Saratoga--Sunnyvale Road, Since purchase agreements have not been completed, the County states that the project is in danger of failure, The letter asks for early notification if there is any chance that an agreement with Cupertino may be reached. Thursday night was scheduled as the time to consider widening of Highway 9, -7- ""} c! 0, iJiJ I.... ~ ¡-.. .. -. (6) Page Properties: Letter requesting extension of time to file ~~ final map on Tract 2808, the second unit of Pepper Tree subdivision, ~ comprising 11 lots, Moved by Councilman Pelosi that the City grant an extension of one year for said purposes. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 VIII REPORT OF OFFICERS AND COMMISSIONERS: A, Report of City Treasurer: No í't"rther report, B. Report of City Engineer: See City Engineer's report on im2rovement of }lighway 9 in the City of Cupertino, dated August 7, 1961. (AUgust 10, scheduled as time to consider widening of Highway 9), C, Report of City Attorney: (1) The City Attorney reported that the Persha matter in the eminent domain suit Kapanica v. Cupertino (Homestead Road and Highway 9) can be settled out of court for a total of $1,200,00, This consists of $1,000.00 for the property, plus '2200.00 accrued interest. The City Atton1ey reco~nended that this figure be accepted, Moved by Councilman Pelosi that the City Attorney be authorized to settle the Persha interests for the aforementioned $1,200.00. Secondsd by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 (2) The City Attorney reported that noticed public hearings are the time and place for hearing protests relating to matters appearing on the agenda. TI1erefore, Councilmen can raise a point of order in the event that parties wish to speak at some other time, stating the time and place for hearing of protests, The Council can exercise this prerogative if it wishes, or it can choose to permit debate at a time other than that noticed. D, Report of Planning Commission: (See Planning Commission minutes of July 24, 1961). E, Report of the City }~nager: (1) The present Permanente water agreement provides for a price of 12¢ per hundred acre feet. The Water Commission has recommended an increase to 15¢ per hundred acre feet. The City Attorney has recommended an addition to Paragraph 10 providing that "should the City, during the term of this agreement or any renewal thereof, enter into a contract with any public agency for the importation of water, the consent of the publiC agency to the continued performance of this agreement shall be obtained if necessary, If the City is unable to obtain such con- sent, this agreement shall be terminable for such reason on sixty days ~lritten notice to Aluminum," The City Manager preferred not to add tlùs clause to the agreement, The City Attorney toolc the position that if Cupertino should import ¡'rater under a contract with a conservation district the district would probably refuse to permit delivery to Permanente unless the company were to annex into the conservation district, 8- 391 Moved by Councilman Pelosi that the City Council approve the price incre~se to 15¢ per hundred acre feet in the Permanente water agreement, (Ka~ser Aluminum and Chemical Corporation), Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 The City Manager maintained that Permanente is a very important customer and he prefers not to becloud the agreement inasmuch as the success of the Cupertino Water Works depends to a certain extent on this industrial user, Councilman Benetti aslced the ramifications if the cost of imported \later to Cupertino exceeds the price ~fhich we receive according to the present agreement with Permanente, Councilman Pelosi said that the possibility of increasing the price above l5¢ should òe allowed due to the w1!mown price of imported water, The City Manager felt that the price of 15¢ does protect the City, but he explained that a clause could be added stating that the agreement is subject to review each year, COQDcilman Pelosi said that after analyzing the cost of imported water, it does not appear likely to be in excess of 14¢ per hundred acre feet Hhich would be less than the price contem- plated in the new Permanente agreement, The proposed agreement is a 5-year contract with an option to extend for an additional 5 years upon the same terms and conditions except that if in the event of said renewal, the provisions with regard to the price to be paid for water may be revised on a mutually satisfactory basis. Councilman Benetti said he is not satisfied, and referred to the price of Hetch Hetchy \'later which costs considerably more than local v7ater, In the event that Cupertino should contract, or be obliged to contract for Hetch Hetchy water, he aslced whether or not the price of l5¢ per hundred acre feet would be sufficient to keep the City from operating at a loss, He requested a 48-hour delay in approving the Permanente water agreement, The I~yor said that he is satisfied to vote on the agreement at the present time, Councilman Pelosi said that the Council should rely on the City I~nagerls recommendation. The City Manager stated emphatically that the agreement with the revisions hereinabove mentioned is a good one for the City of Cupertino. However, he agreed that Paragraph 11 could be extended by adding a phrase to the effect that a rate review will be provided on each anniversary date of the agreement, Councilman Pelosi moved that the Permanente water agreement be approved with the insertion of Paragraph 10 ~1d by adding a clause providing for rate review on each anniversa~J date. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: ABSTAINED: Councilmen: MOTION CARRIED: JeHett, Pelosi, Saich and Lazaneo None None Benetti Lf-O (2) George Oakes of the Rousseau organization has verball~ requested return of the clean-up deposit in the amount of :¡;)¡,300,OO posted in the name of SW1shine Acres, covering Idlewild Greens, The liayo1' asked fOl' a vlri tten request from 111'. Oakes, -9- 392 1- ¡~ C':''YJ \Vi th refer>ence to the request of 1~ard Crump for reimbursement of storm drainage expenditures in Tract 1685J BaYHoodJ the City Manager recommended that $639,90 be reimbursed to Camino Del Homes (Bay¡o¡ood) , i~u t1&:J r10ved by Councilman Pelosi, following the recommendation of the City Engineer and the City Manager, that $639.90 be reimbursed to Camino Del Homes for over-sizing of storm drain lines in Tract 1685. Seconded by Councilman Saich, The r~yor asked Mr, Crump if the amount of $639.90 corresponded with his figures. Mr, Crump answered in the negative. The City Engineer offered to discuss the matter with Mr, Crump ~nd explain the basis of his recommendation, Councilman Pelosi wi thdrevl his motion \'Ii th the consent of the second. The subject lias placed on the agenda of August 10, (3) 'rhe City Manager aslced for a one weele vacation, August ILl to 21, 1961, Councilman Jewett moved that the vacation request be granted and that the City Clerk be named to act on behalf of the City Manager during his absence. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich and Lazaneo None None 5-0 * * * * * * Councilman Benetti questioned the City Atto~1ey about the status of the water line easement in Stevens Creek. The City AttorDey answered that eminent domain cases settled out of court require a long time to adjudicate and the matter would not be finished for some time, but that he is proceeding as authorized by the City Council. IX UNFINISHED BUSINESS: A. Ordinance 47, Revised (Subdivision Ordinance). r' oved by Councilman Benetti that the ordinance be submitted to the Planning Commission for recommendation to the City Council. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Salch and Lazaneo None None 5-0 The ~myor requested sufficient copies for all City personnel, B, County Water Commission: Councilman Pelosi reported that the S.C.V.\J.C.D, and the Board of Supervisors are sCheduling a meeting to solve the county water problems. The Cupertino Cit:' Council has a letter from the Chief Engineer of the water district outlining the possible projects to be undertalŒn for the Üi1porta tion of water into the valley, The letter definitely states that Mr. Roll has been instructed to prepare an engineering report covering an extension to the existing Vasona pipe line that would deliver 6,000 acre feet per year to Stevens Creek for municipal use by Cupertino and the letter further says that the pro;}lems of the Cupertino area are definitely included in the plans of the Hater Conservation Di.strict, C, Miscellaneous: Councilman Saieh aslwd the City Manager if scheduled with the County Planning Department, that he has v;ritten to III', Belser and expects a shortly betvleen the Ci t;'l aìîd the County, ..10- a meeting has been Mr. Storm answered notice of a meeting 393 Councilman Pelosi asked the City Manager to asle the County to postpone the green belt request on the Cupertino border made by Alfred G. Plaehn for the north side of McClellan Road, south of Alma Way and Va11ecito Road. X NEW BUSINESS: A, Pern~nente Water Agreement, See Report of City Manager, Item VII E(l) above, B, Miscellaneous Councilman Saich asked the City Manager to dispatch a letter of thanks to the Los Altos Garbage Company with respect to the annual barbeque, XI ORAL COMMUNICATIONS: Herbert Ketell addressed the City Council to thank them for their cooperation in his building project, He requested that the Council take the necessary steps to approve an assessment district and bond issue according to the terms of the 1911 Improve- ment Act to cover about 1,500 feet on Highway 9, and a similar distance along Stevens Creek Boulevard providing for street widening, curbs, gutters, etc, He said he will sign the necessary petition for his portion of the area, Mr, Ketell also requested a stop signal on Stevsns Creek Boulevard, about 1,400 feet west of Highway 9, Councilman Pelosi reminded Mr, Ketell of the Council action on his tentative map, including the fact that full improvements were deemed necessary on the Ketell portion of Highway 9 as soon as the apartments are constructed, The motion reads that the City (does) approve the tentative map of Ketell Construction Company subject to complete improvements and dedication on Highway 9 ,," Donald Barr of Pacific Enginesrs, asked permission to discuss the proposed assessment district on August 10, XII The Mayor adjourned the meeting at 11:40 P.M" to August 10, 1961 at 7: 30 P,M, APPROVED: /s/ Nick J. Lazaneo Mayor, City of Cupertino rfTTEST: fQ~ 1<. (lVi~ Lawrence K. Martin, City Clerk -11-