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CC 12-10-6210321 So. Sarator-as=myvale hoed CITY OF CUPERTINO Cupertind,, Ciluorida KM= cr TR8 Awmm RmAR mmumR OF TRS CITY COUNCIL - DHCEN- Bi3 lo, 1962 TIM: 8:00 P.M. Plate: 30321 So. Sa.- atoga-SunnY ale Road a= Cara Councilman presents Flnch, Balch, Yice-Mayor Jewett Couacilmen Absent : YA or Benetti, Dezpsta! staff Present s CSty Manager, City Attorney 'jkyor Jewett called the emoting to order and the first item a was the amesdrmeC -to Ordinance No. 002 (1). Tina w- EIl'lefed the Council OR Us lmaad ent to the ordinKW6 stab++, tbrC" had been prepared and -9*0emmendd by the Staff. The Connell uam In nt with the amendment, h"Vver. Councilman Balch asked if jsmdng i "a. permit for improO@WWLs r2Uin a planned community zoned same, WORM the conditions of the use permit be the same as a general use Vwusdt., i.e., if a build was destroyed by fire, would the have to be another application for re or a use permit! The City !ttorney said un, that the reason for the we permit was to assure the Planning CosmSaafpn and the Council that the development as originally approved me=dic be adbered -to. The issuances of a use permit prior to receiving a building permit gives a double protection to the City in relation to the zoning that has been approved for tha particular area. It was the City Attorney's further recocnendation that Resolu- tion No. 682 be a7t-eted referring the amended Ordinance to the Planning Commission for a- ,%blic hearing. Moved by Cti-:cilman Saleh. Seconded by Councilman Finch that the Resoluticn, No.2, referring the Ordinance amendment to the Planning Commission for t t:ic hearing, be adopted. ATM: Councilne-: Finch, Salch, Jewett NAYS: Councilmen. None ABSENT: Councilx-: Benetti, Dempster MOTIO* CARRIED: - 2 AL3ENT1. The City Manager brought to the attention of the Council that Resolution No. cc--I _ad been prepared by the City Attorney which per- mitted Santa Clara County to proceed with the construction of Foothill Upremsmay. The Council had previously approved the acceptance of a request by Santa =_ara County .hat the City will cooperate in the construction ccst zf the portion of ::he expressway that will be located in Cupertino. It was mc:e_° by Councilman Saich seconded by Councilman Finch that Resolution. "�: . 583 be adopted. AMCS: Councilne Finch, Saich, Jewett 0423. Counci',*r: None ABSENT: Counc :.::e =: Dempster, Benetti MMCW CARRIED. 3-0 - 2 ABSENT • request 'ad been made by the contractor who installed the ec+eneating p1peL'ne from Homestead No. 3 to our existing transmission maim, for a partial payment of Mo contract. The City Engineer re- commended paymea: be made, with a retention of 103. Novel by Cxxwllman Finch, Seconded by Councilman Saich that the five oC Poster ! Maloney receive $11,726.43 in partial payment, which Is the amount less the 103, which w111 be rctained by the City for 35 Aiys after completion of the work. RTES: Ceuncilnen: Pinch, Saioo, Jewett umt Councilman: None ABSOM Council:en: Benetti, Dempster M[i OK C.l OUM: 3-0 - 2 ABSIM. V V The City Attorney had prepared a lease which covered the re- quest by the landlord for a $20.0. iaerease In rent ayprcied by the City Connell at the meeting of December 3rd, 1)62. The lease was for one year with the City's optior, to ewt1we :or another year. R&%-ed by Councilman Saich, seeooMd by Councilman Finch that the Mayor and City Clerk be authorized to sign the lease. AUM.- Councilmen: Finch, Salch, Jewett RAYS: Councilmen: lone AINIM Councilmen: Benetti, DamPster IDl CUMUD: 3-0 - 2 AB3r11lf. MW. William Berton, Frdsidast a[ SWIM RoofiC& WAS present to d3oawre a M the Comoll the vl*2*k&ms of a City code which regaired 90/ hilt dR sham roofs. no w u*" to mom dust what the Council view No to do, whether they waasad,alm to-tear off the roofs and put an the 30# tilt or did they have 1000 s088wstion. . Councilmen Finch asked it Mr. Hari n had any* Ideas as to what could be done to guarantee that the adore would be espial to a life open In relat :;.n to 151 vs. 3W` felt. Mr. Harlon stated that the Roofing Association required that roofing contractors guarantee their roofs for a period of one year. He guarantees his for five years. Be would gurrantee these roofs for ten years, submitting to the City Attorney for his approval, a written guarantee to this effect. the City Council approved this condition. Councilman Finch moved that the 150 felt would be accepted, subject to the receipt of the guarantee and that it be approved by the City Attorney. That the City would further check to see that each one of these property owners had received a copy of this guarantee. Seconded by Councilman Saich. AYES: Councilmen: Finch, Saich, Jewett MAYS: Councilmen: None A1RiM: Councilmen: Dempster, Benettl MOTIOS CARRIED: 5-0 The City Manager requested the Council to approve proposals for a fence to be installed at Homestead Well Site #3. Three proposals had ben received. Sears - $693.00; San Jose Steel - $659.00; and E.M. Lewis - $586.39. The prices include tax and approximately $200.00 for installation. It was moved by Councilman Finch, Seconded by Councilman Saich that a material award be given to San Jose Steel and that the City crews Install the fence. AYES: Councilmen: Finch, Saich, Jewett MAYS: Councilmen: None AffiZ11!: Councilmen: Benetti, Dempster Mrs. Rose Giddings, of Silversdo Avenue, asked if the Regnart Craw% easement that Is being used for storm water diversion in the rear of her property could not be abandoned. She offered tha sugges- tion that water could be picked up at McClellan and diverted to Reg - nart Creek on Bollinger Road. The City Manager informed Mrs. Giddings that this would be Impossible to do, that Regnart Creek at Bollinger Road was higher than the storm drain line on McClellan and a connec- tion could not be made. It was pointed out to Mrs. 313di.W that we hoped that by next winter that a pipe line would be installed In the present negnart Creek easement and the ditol would be covered. (loved by Councilman Fdncli, Zecooded oy Councilm`<,t Saich that the enameling be adjourned. All in favrm. Meeting adjourned 9:15 P.M. AYPRGVSD: 131 ^erne R. Jewett APli>ss ec=1 ayr