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CC 09-26-61 10321 So, Saratoga-Sunnyvale Road 44~} AL 2-4505 C I T Y 0 F CUP E R TIN 0 Cupertino, California ADJOURNED MEETING OF THE CUPERTINO CITY COUNCIL - SEPTEMBER 26, 1961 ROLL CALT" Councilmen. Present: Benetti, Jewett, Pelosi, Saich, Lazaneo None City Manager, City Attorne~, Assistant City Engineer Councilmen Absent Others Present: Mayor I~zaneo introduced Mrs. Paulson, President of the Junior Women's Club of Cupert~no. Who, in turn, introduced Mrs, Klein, Secretary of the ClUb. Mrs, Klein presented the Medic-Alert Program and what its aims and goals were for the citizens of the United States and particularly the school children, She asked that the Council pro- claim the week of November 5th to the 11th as Medic-Alert Week, It was so moved by Councilman Pelosi and seconded by Councilman Jewett that a proclamation be prepared. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: MOTION CARRIED: 5-0 Benetti, Jewett, Pelosi, Saich, Lazaneo None None The Mayor then stated that the reason for the adjourned meeting was to discuss the Ketell property and request that Mr. Ketell had made regarding the off-site improvements. Assistant City Engineer Perkins stated that the bonds had not been received and inasmuch as they did not have them that it would be a waste of the Council's time, since Mr. Barr, who was to be present, will not appear and discuss the mat- ter with the Council. Councilmen Benetti asked the Assistant City Engineer if full dedication had been considered for Highway 9, The answer was that only 80 feet had been discussed, Councilmen Jewett asked if we would have bonds for the complete construction of Highway 9, and that we wanted it emphatically understood that the developer was to comply with the conditions that had been outlined anq are a matter of record. Councilman Benetti: I agree with that statement, the applicant is aware of what he has to do and must do it, Mayor Lazaneo: We have requested bonds for improvements from other developers and they have had to post bonds and the bonds are for the City's protection and this developer must follow this pOlicy. The bonds are for the City's protection, Mayor Lazaneo asked Councilman Saich if he wished to make any comments, and with the Council's permission, he could do so. Council- man Saich: I have not entered into any discussion before and I do not want to do it now, Councilman Jewett: His problem (the developer), is to get the bonds, this is his concern, What we all agree to is that we must have the bonds, The City Manager was instructed to write Ketell and tell him that he would have to rigidly follow the conditions that had been outlined by the Council to which he had agreed, City Engineer reported on McClellan Drainage stating that he had not received all of the information from San Jose, He had most of the report prepared and had talked with Mr, Kocal of San Jose and reported his findings and said that there was no problem as far as San Jose was concerned with the report, He would have a complete report as soon as he got the plans from San Jose as to what their programmed drainage facilities would be. Councilman Saich asked the City Manager if Mr. Bachman, who lives on Saratoga-Sunnyvale Road on property that a portion of which will be used for construction of Regnart Creek had called him. Councilman Saich stated that Mr, Bachman was upset regarding the alignment of the proposed channel construction. ·1- 45U I.... ¡...~ ~~'~ Mayor Laz2neo said that if Mr, Bachman has problems, he should contact City Hall and get his information. ~o.:r."," The Mayor commented, with full consent of the Counc:U, that Abraam Krushkhov, the potential planning consultant, be informed that he must be present to discuss the agreement with the Council on October 2nd, This was the date which the Council could meet with Mr, Krushkhov, Councilman Benetti requested that the agreements be reviewed and that the City Munager prepare a brief summary for the Council, Councilman Jewett stated that the City Manager was to notify Mr, Krushkhov that the Council's position on the meeting for Monday, October 2nd, was absolutely final. That if tlr, Krushkhov could not make it, then the Council would make other arrangements for a planning consultant. A discussion was had on Mary Avenue in relation to the neiGhbor- hood plan as it relates to the highschool now being constructed at Homestead and proposed Mary Avenue, Mayor Lazaneo stated that the school had continually flaunted the City's request for cooperation and h2d been giving us the run-around, We want to give the School our complete cooperation, and we have been in hopes that we would receive the same from them, . Councilman Jewett stated that he ~JaS in agreement with the Mayor's statements but he was of the opinion that we had reached a point where we should take definite and positive steps and that this, no doubt, had some legal ramifications and that it should be turned over to the City Attorney to get some action regarding Mary Avenue. The City Attorney asked if they were considering an injunction. Councilman Jewett moved that the City Attorney investigate the matter and if leßal, prepare an injunction against the Fremont Union High School District in rela- tion to the alignment of Mary Avenue. Seconded by Councilman Benetti, AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: MOTION CARRIED 5-0 Benetti, Jewett, Pelosi, Saich, Lazaneo None None City Manager reported that a sche1uled meeting with the City of Sunnyvale that had been set for October 4th, had inadvertently been set by Sunnyvale when they had another meeting scheduled for this date, They asked that the Qeetil1G be set up to October 11th at 8 P.M, This was agreeable to the Council. City Manager reported on comments made by one of the Planning Commissionsrs at the meetinc of September 25th, in which it had been stated that the City Manager was letting things bog down on his desk, Councilman Benetti stated that he thought it was in poor taste for a Commissioner to make derogatory remarks without permitting the person being criticized there to defend himself, Councilman Pelosi agreed with Councilman Benetti that it was in poor taste, and if there was a problem in the administration in relation to information that the planning commission should receive, the Planning Commission should re- port this to the City Council. Councilman Jewett said that in our discussion with the City Manager on procedures of this nature, we had instructed the City Manager to use his judgement in what reports and the way the reports should be given to the Planning Commission, If there is a problem then I agree with Councilman Pelosi that the Commission should report to the Cit~· Council. Councilman Jewett requested that the Council receive, no later than Thursday of each week, a GJemo of meetinbs that "ere to be attended by the Council, In the past, it has resulted in some confusion, the many meetings that we have to attend, we forget them and if we have this information not later than Thursday, I think we can program our own business to coinside and be in attendance at these meetings, Council- man Benetti reminded the Council that there would be a joint meeting of the Recreation Commission Thursday, September 28th, 8 p ,r~. The meeting adjourned: 10:20 P.M. APPROVED ATTES'l': Law:-'en('p K ~.- . -. ,..---- r1arL:~.r':J.. SHe' r:lp::,~( -L'§L~ic:..k J-'...l>a?:§!.n(òQ.._ è/.f.:::Y -: