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CC 04-30-62103n 90. SARATMA- SUMMAIB RW 1�;Y j 1962 AL 2-4505 CITY OF CUP?RTINO 16MUia OP Tu A:JOOm= HWUtAR thi/CMO OF TIM CITY COUNCIL, April 30, 29COL (Adjourned from April 26, 1962) 10321 S0. SARATOOA- SOINYVA18 RMAD 8s00 Y.H. 14f:. Yi)Y ...y Omacilaen Present: Dagater, Finch, Jewett, Web, Henetti Counci1Mn'Ab/bi: Matte staff ivem"is ftty manager, City Attorney, City + ?, liter Ooseiseioders tllNnts Louis Stoeklmslr, Cbairasn, r Vernon Childs, Mice- Chall1 an �s 1' A The quarterly report of the City Auditor was reviewed, being Abaci» port for the Wins mouths of the fiscal year ended larch 31, �. :�eontaiwing a balance sheet by fund and consolidation, a state- Of receipts and disbursements by fled, a statement of disburse- ments by fund, and a statement of operating expenditures by de- pmrtment. M:e City tanager read the financial statement, answering questions where necessary. The Maycr asked the City Clerk to put the question of clean- up deposits on the agenda for May 7, fcr discussion by the City Council rel :ire to the continuance of such deposits as the $25.00 per lot clea.- -up fee. The Yalu also requested that two items charged to the Recreation 7a- artment be looked up for report back to the City Council, specifically $66.12 for teleph =e and telegraph and $15.24 for ;_,Serene and travel expa:se. The Cca.l noted that the cash on deposit in the general fund as of Marc.*.:_, 1962, totaled $138,647.2 =. II inT.L FINAT.1:: The Mar_- asked the City Manager to su: raze developments thus far. The City !tanager reported that the the Council has authorized the City ! *L-ager to proceed with the drilling of a test hole at a cost of $2.CC per foot. This has been done on the Rodrigues property situated at the northwest corner of Homestead and Highway 9, the test hole being drilled to a depth of 965 feet, meaning an erpendi- tors of rouges $1,900, plus $400 for an H -log, totaling $2,300. The owner, ::hn Rodrigues, Jr., has offerred the City a chance to buy the well site, a triangular piece of property approximately 60 feet on each side, for the sum of $1,500, exclusive of any paper won such as recordation fees, eta. The City Manager described the well as a gravel envelope type with inner and outer casing, costing about $30,000 including the M facility. In addition, a meter will cost $1,000, pipe line , and calve $1,000. Added to the $2.300 already spent as per above, the estimated total is now approximately $44,000. In answer to a question, be roe, Pnded against the use of a submersible gmp saying its only redeeming feature is quietness. An this area, which has boom zoned for ccamercial, this would not be of primary concern. In fact, he said, that the latest pumps as0 fairly quiet and should not be any disturbance whatsoever. Discussion arose over whether or not the City Council had 412108dy authorised the City Nonsger to advertise for bids. In asoislusion, it was moved by Councilman Jewett that the City Manager abastiae for bids for the Installation of a well near the north 4"b corner of Homestead and MMgb nyr 9 on the property of John -1- foQriguer, property, together with pueping facility and appurtenances, bids to be received by Western Pump Company, Plus at least t "40 otbers. Second -d by Counellean Dempster. A395: Councilmen: Dempster, Finch, Jewett, Seieh, Benetti Jim: Councilmen: Noon AMOMI1: Councilmen: None No2m cL9yazD: 5-0 The City Manager a -nod that the Covernment_Oode requires ids advertisement of such an. installation and also rsgairee the ctsy to consider all regyonubis oids after such- advertisement. ' 2he Y&yw asind the Crmdr ft of the water Oo�f on, Mr. to bne� tbal ou the findings "atid indications E hole with yafCVMW.refereaee to the S-iq$. Corwailum i/inoh maid:" t6t 'he would rather shift by the advice 4l a;- ooapetest staff thm atw Into a discussion of technical doglneering details. Councilman Satoh disagreed, stating that the 0000012 is the body ll precautions available and study decision take allthe information that can be tad. He maintained it Is the Council's responsibility. Councilman Jewett agreed with Cotmeilman Finch, saying that he does no* feel that he personally may gain a lot from such a discussion since he is not familiar with the construction and opera- tion of a well system. He did say that he is willing to listen however. Councilman Dempster said that he has nothinZ to say at this point although he is prepared to vote on the issue. The Mayor said that he definitely feels that the CO ncil should listen to the material to be explained by Mr. Stocklmeir since it will be valuable n the individual councilmen in guiding their vote on the authorization for the well and the financing gaestion. -e said it is a big decision for the City, involving a large stmt of money and should be based cn the most co plete informa- tion avails' le to the individual councilmen. A protostatic copy of the H -log was posted on the board. Mr. Stocklmeir explained, in s+raary, that the subject location is much more preferable than the other sites which have been discussed in the past. He explained the mechanics regarding sinking a well with particular reference to the electric potential therein appar -ntly arising from the different ground forcations in the course of column such as shale, gravel, etc. 'M. graph depicted on the log In indicative of salt solutions from strata to strata further indicating the likely presence of water bearing gravels. He feels that undoubtedly this is a good area and combined with the previo:s position of the Cupertino :Jester Department wherein they are unable to get any water from California Water Service Company and San Jose Water Works, the indications are very favorable and the City definitely needs a well especially in view of any possible emergency and water can be produced much cheaper (by actually digging a hell) than it can be bought from any other source. In the last analysis, the City will have to fall back on its own wells rather than rely on purchasing imported water from other sources, certainly in the next few years. Mr. Stockls-eir referred to two phases of the Cupertino liter operation, noting its expensive and relatively un- economical nature such as the water supply to permanents which must be pumped through 15,000 feet of line. He acded that the water de- partment should develop Stevens Creek water as much as possible waitrg its wells where necessary but esic/y only to keep them in proper condition. He referred to the other extension of the system by dropping columns further doyn Into the well as dangerous practice and merely inviting breakdown in the mechanical operation and ;ur- ther increasing operation costs. The only protection for the City 1s a water source of our own. Councilman Satoh reforred to the other, prediction for a good Hall site, specifically the one on Marc Dnve. Thin did not -2- P. mmterialize despito the positive assertions and produces practically so water. Councilman Jewett said that the explanation has been most smiightening but he would like to say for the record that his /meiaipn will be based an the Water Commission's acceptance of the Ouster Water Plan with the construction of a new well implicit t3merein, plus the recomm®dation of the City Noiager. He said that JO is in favor of going ahead with the sell, excluding however all tion that my have-1 o received from the alleged willow wr h. councilman Soldh _ that the lot is wiz favorable. fbr,06108 lire an easement to tomi well site till be both from -and from Hamestaad.H/ed. So sty answered tom_- '�, eastment has I gntianteed to the x �adv 9 aoR h, 3�oot essemmrt from Homasbemd Road 4 ,l7otIDCilrmn Saioh qWwwwwasm the mews of arriving at definite s for the well, fui@WA@h as it famine to bs ' seen how deep than will have to be sat. It was agreed that the specs and bidding p� hove to be subm*$W ir.such a may as to be contingent on tti t3nsl result of the drilling. Certain features can be estatblished exactly beforehand, but the exact depth remains to be seen. Councilman Jewett addressed a question to the City Attorney, namely, does the Council have the power to reject all bids if it some fit. The City Attorney answered that there might conceivable be an action for loss of profits in that circumstance, but that basically the City Comcil does have the power to reject any and all bids or accept the terms of the moat responsible bidder. These alternatives ave outlined in the Oovernoent Code. He emphasized that in virtually all circumstances, the City Council does in fact have the right to reject all bids. Loved ty Councilman Jewett that the Council go on record as bring in favor of drilling a cell at the northwest corner of the Rodrigues property at the northwest comer of Homestead and High- way 9 with the actual financing postponed until the submission of bids and the awarding of the contract. Seconded by Councilman Dempster. AIDS: C.- uncilmen: Dempster, Finch, Jewett, Saich, Benetti HATS: Ccuncilmen: Hone ABSM: Councilmen: lone NMON CARRM: 5-0 Fir4w -�.:-410 Ae.*T Councilman Dempster said that he would like to rely on the various coadssion and that this was one of the planks in his campaign platform. In this case, he said he is aware of no recommendation from the Hater Commission in the matter of revising water rates, and before further discussion would like the issue referred to the Water Commission for a report and recommendation to tae City Coun_ 11. Moved by Council— Dempster that the discussion of water sates be tabled until the Water Commission has had the opportunity to make a recommendation an water rates together with an audit vapor t on the financial condition of the Water Department. lmorrded by Councilman Salch. •7tig: Councilmen: Dempster, Finch, Jewett, Saich, Benetti Iam Councilmen: hone Councilmen: glom : CAMM: 5-0 lv OMPORUCE 002(k): She City Attoraeg drwrlbed the drafting of Oidinanoo 002(k) V inference to the eoisidat of the ordinance and the procedure ahld chronology. The olamnee =a presented o7iginally by Abraam hLrnrhk hov of Wilsey, Ham & Blair as ar answer to the Alpha Land OpapNy Application which ma referred to him delihehe P n ning Commission __rough the city Manager. on the 11W3 drnkt, rev-1sions were made by the city Manager and then aati)w verrAon rue submitted by the City Attorney, also numbered =(k), but th.+ Last ordinance being a n1anned community rat or thrn a medina density multi- residential district. Mis Mayor asked the Council how it proposed to handle the situation ar d t �tys other applications be ad the City still no 200 Ctlunnilmmr said %.that counsel has just stated that the �airaLsnd Rgp howaod under the to of the exist- said be noticed is rube minutes of the �•N6 that they wanted to stuffy this his hp►t1Ns _ that there is no need to enact torney h 4tty view of the possible b The Mayor atated that two later ordinances are more restrictive than the first ,.raft eubsitted to the Council which caused a certain asurat of concern due mainly to one clause which allowed the ^ouncil to waive the other conditions within the ordinance and grant variances as it sees fit. Be said that in addition to the applica- tions actually on the agenda, another plan has been presented by Barman Ruth for the former Fisher property. This proposal is more In the mature of a planned community rather than a mere varia- tion on multi- residential. The question resolves itself to this: Can we a --pose of the May 7th agenda without the enactment of an Ordinance 002(k)? The City Attorney said he only knows of a couple of applica- tions which are pertinent to the ordinance under discussion. He observed that the City Manager has had considerable experie-ce with the actual operation of these ordinances and 11r. Story Peels ti=t the revised R -24 is better than the original, he would the benefit of that opinion. Warner Wilson, 10650 H. Stelling, addressed the Council to say that the Alpha Land Company application was submitted for R -3 -H on or about December 16, 1961. However, the interpretation of the City Attorney that every building must face on a dedicated public stmt struck them out. The project contemplates buildings on courtyards and common greens rather than the more conventional grid pattern. He asked whether the Council can require by ordinance a common green within the confines of a multi - residential tract. He said that a "common green" will be difficult to define and there- fore It is difficult to adainlster. He maintained further that the R-24 ordinance is not lacking in anynhing. In response to a question, Mr. Ullson said he thinks the Alpha Land Company needs an R -24 ordinance to handle their application. The City Attorney said he would like to make one correction. He noted Ordinance 002(a) for the requirement that every building site must abut a public street. The question, therefore, in whether the word "site" means the whole property or whether it means every ;Sees of ground on which a building is situated. Councilman Dempster asked for clarification of the previous allusion to danger points in the ordinance. The City Attorney referred to Section 6 on page 2 which he said could conceivably be abused. This section provides that the ragalations may be varied ub-n ev,h variance will result in im- pm. design of the development. This potential loop -hole is plugged, however, by the inclusion of Section 3.1, which provides that application for a PC-R district stall include an application for a use peratt, which application shall include a nap showing the topography, proposed street system and lot design, areas for dedication or reserved for parks, parkways, playgrounds, school altes, public of quasi public buildings and areas proposed for oft - street parking, m 2tlple and single family dwellings, and all other uses. Also, 1A* acreage to be established as a minimum for -4- do a planned commdt7 bras been left blank snbJeet to the decision of the council. Councilman Dempster said that in that case, the applicant (Alpha land Comyy) would now have to submit all kinds of PUns according to Ordismaee OO2(k) dated 0 -2-62. annotment or this ordinance would not solve Ume problem that re are trying to solve, he said. The Heyor said the Council is trying to tailor an ordinance !bs a spsoiSia aslthdu_ and this is wve7�'�:��ltttii��l1t -- not only Znat;bat.tne as to nobs aid loldh aeon will fit totg �Mral aaldrr twatSaMl ciat o a in trout ol,�o"Watz owing f< an fe ad on their coming iced the Clt� =lYos`adwTdil -0 Soft tM Alpha Ind .�� •wi er' m 'H`�O 'a1R reel nfri be Cir+*'*l * attest thus meeting apyStoation oomld hdab a� 0t��lW vvomatroted o�Idan a . The Mayor x&W that the application is for zoning only, there - fore no guarantee is peasant that i:he development will proceed according to the sketches and renderings pesasnted during the course of the hearings. The City Manager said he would have to disagree with this iaterpretation and be maintained that no building permit need be issued if the development as it turned out did not meet the approval of the Cocmcil. This would mean that zoning can be granted according to a precise plan marked as Rrhibit "A" "B" "C" or whatever the case may be and that the zoning depends upon the applicants ability to follow the plan submitted. The Mayor called on the applicants representative. Philip Ingber, 2520 Lodi Iona, San Jose, stated that they have COW into the City with what they feel is a plan which will be a credit to the City and should be able to meet City ordinances. He characterized it as a plan which is novel in this area at the present time but one which will be numerous someday. Planners have all told the company that the plan is fine. However, he said that they have been here four months and have been unable to arrive at any zoning even with this high type of plan. There seems to be a fluctuation of opinion, he said, but it is his opinion that the application will fit under R -3-H as well as R -24. He asked only that the Council tell them what zoning they need with that question answered they feel they can come in under either zoning. He ex- plained that they have to secure financing and not meet rigid requirements in that regard. He reiterated that they have spent four months and are numbers. When the Council decides what zoning they need, the applicant than will have to decide whether they can comply with the pertinent ordinance. Councilmen Dempster asked the applicant if he would build his project under the R-3-H ordinance. Mr. Ingbor said he is willing to present their cas preaininary plan will generally be followed. In any case they will have to abide by the enact teams of the R -3 -H ordinance. He gave as one of the reasons for construc- tion of such a project is that the buying public is tiring of identical 6,000 foot lots, along with telephone poles and an absence of trees. They are attesdtSng to create a landseapad open area rave from the uniformities of the standard small single family lot. He reiterated that the financing problems are very stringent. With regard to the so- called private streets or drives, he said It should be the concert of the builder not the worry of the City. The Mayor asked the applicant specifically "will you build aaoordlag to the plan you have showal" I.ngber: Generally, yes. Bat he added lra wanted to sale it known that this is a prelSminary plan only, and that at the present Was they do not even know the teams of the ordinanoe that they will be required to meet. In general he stated that WW mppllcant will create a planned cluster residential area with open spaces landsoapin6 sad common Breen. Sim said he will not specifically state it will be sometly the am as the preliminary plan. Oamcib m Jewett said that he would like to see the council &off h-3-$ with the idea that it is up to the applicant to apply t: .:*ariaaeea as needed. - t: 0Ommellman Saieh Bald he agreee.. Ift* m mtime in the flhtiuAS we wili tame t)r p More what im 'ttdMs' CIS:.- ecs�aitat $freon4 'that the itb*,Jt -24 ordin' tMs aas0 moaar og �ldinenee O02(k) datedA -2-62 may be rw amsrer:fbr -, tics but that Clplsa Sand any ! e4;ehh Ha does not favor MW m$ency 'C t�a1 e�101 `:_Ug attndird pmvicedw'e' lien Monday oomsider the O0Q(1� ordinance but it shavW be handled x rasa]ar charowds math two readings and the 30 days waiting - ,ysriod. 'file City Attorney saiA that all drafts of the ordinance can be pa+�sehited to the Planning Commission. He referred to Resolution SW which refers theme 002(k) ordinances to the Planning Commission for hearings. The Mayor stated he concurs with Councilman Pinch, that he would Like to see this type of development but not under the terms of R-3-H. Moved by Councilmen Jewett that all information on Ordinance 002(k) be referred back to the Planning Commission as outlined �n Resolution 5% and that Resolution 584 be adopted. Seconded by Councilman Finch. ATM: Councilmen: Pinch, Jewett, Saich MAYS: Councilmen: Dempster, Henetti ABSEN: Councilmen: hone MOTION CARRM: 3-2 V MISCffidJUgOJS- Councilman Saich asked the City Manager and City Engineer to make a report on Highway 4 improvements. vI ADJOORNMEK: Meeting adjourned at 11:05 P.M. APPROVED: _.�1s John Heuuetti , o o e