CC 09-19-60
164
P. O. Box 597
AL 2-4505
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CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 19, 1960
Place: 10321 S. Saratoga-Sunnyvale Road
Time: 8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present:
Councilmen Absent:
Others Present:
Benetti, Jewett, Lazaneo, Pelosi, Saich
None
City Manager, City Attorney, City Engineer
City Clerk
III MINUTES OF THE PREVIOUS MEETING, SEPTEMBER 12th, were corrected
as follows: Item VIII, I. 4. Add the word "Rivercrest".
Moved by Councilman Benetti that the minutes be approved as
amended; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewe~, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IV PUBLIC HEARINGS:
A. Bubb-3 Annexation. Ordinance 149. First Hearing.
Hearing declared open. All protests were read and adknowledged.
The City Clerk stated that the value of the prDperty owned
by protestants is less than a majority.
Moved by Councilman Saich that the Protest Hearing be closed;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance No. 149 was given first reading.
B. Benson Construction Company: Application to rezone 8 acres
from R-l:B-2 to R-l. Calabazas Creek, west of Miller Avenue,
Planning Commission Resolution No. 21. Approved.
Moved by Councilman Lazaneo that Item No. VI A. on the agenda
be maed up to IV B; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Moved by C0uncilman Lazaneo that the City Attorney be instructed
to prepare an ordinance rezoning the subject property; Seconded
by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Pelosi, Saich
Moved by Councilman Benetti that the tentative map presented
by Benson Construction Company dated September 7 be approved
subject to a foot brflge being constructed across Calabazas
Creek at the expense of the developer and subject to the co-
operation of the sub-divider to the north with respect to the
Creek Crossing and subject to the approval of the school dis-
trict; also including the standard conditions; Seconded by
Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, lazaneo, Pelosi, Saich
C. Robert H. Taylor: Application to rezone 11 lots, Tract 1181,
163
1. City Engineers report to the City Council relative to
Storm Drainage and
2. Further discussion of the Audit.
C. Moved by Councilman Saich that the Bank Official, namely
Walter Field be asked by the City Manager to appear at the
City Council meeting September 19th in order to discuss
the Bank Parking Lot Problem in an attempt to reach a
suitable solution; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
X SWIMMING POOL ORDINANCES 139 and 145.
Postponed until September 19th, 1960
XI Meeting adjourned at 11:15 P.M.
APPROVED:
Mark:J8ft£ ~~no
ATTEST:
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City ~
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Yeeland Heights from R-3-H to C-I-H, Miller Avenue, west side.
Planning Commission Resolution No. 20. (Denial) Appeal.
Continued.
Arvin Robb, Attorney, represented Taylor.
Moved by Councilman Lazaneo that the Hearing be continuted to
September 27th; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
D. Schaper Appeal: Tentative Map. McClellan Avenue, 19 lots:
Denied by Planning Commission.
Moved by Councilman Lazaneo that the Engineer for the appli=
cant submit a soil test to the City Engineer with a report
to the City Council on September 27th; Seconded by Councilman
Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Pelosi, Saich
V ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. Ordinance 002(a) Revised, An Ordinance Of The City Of Cupertino,
State of California, Amending Ordinance No. 002 And Providing
For Procedures In_The Matter Of Permits, Variances And Rezon-
ings And Further Providing For Appeals To The City Council.
Moved by Councilman Saich that full reading of the Ordinance
be waived by unanimous consent and that the title only be read;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 002(a) Revised read by title only.
Moved by Councilman Saich that Ordinance 002(a) Revised by
enacted; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
B. Ordinance 139, An Ordinance Regulating The Maintenance And
Location Of Swimming Pools And Similar Bodies of Water And The
Fencing Thereof; Prohibiting Their Construction Within Any
UtiDty Easement: And Providing Penalties For The Violation
Thereof. First Reading.
Continued to October 3rd.
C. Ordinance 140, An Ordinance Of The City Of Cupertino Providing
For The Establishment of Grades On All Tract Developments,
Commercial and Industrial Property And Providing For The Con-
struction of Retaining Walls When Deemed Necessary By The City
Engineer. Second Reading.
Moved by Councilman Saich that full reading of Ordinance 140
be waived; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 140 read by title only.
Moved by Councilman Saich that Ordinance 140 be enacted;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
166
D. Ordinance 147. Rezoning Page Property to R-1. First read-
ing. Ordinance 147 given first reading.
E. Ordinance 148. Rezoning Chuck Property M-I-H. First read-
ing. Ordinance 148 given first reading.
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F.
Ordinance 002(c)
And Greenhouses.
Ordinance 002(c)
Providing For Use Permits On Nurseries
First Reading.
given first reading.
VI PLANNING COMMISSION ACTIONS REQUIRING COUNCIL ACTION
A. Benson Construction Co. Tentative Map; 29 lots, 7.6 acres)
west of Miller, south of Sorensen, east side of Calabazas
Creek. Approved by Planning Commission. (See IV-B above)
B. Sylvia Properties: Tentative Map; 9 lots east side Mt.View-
STevens Creek Road, south of Starling. Approved by Plan-
ning Commission.
Moved by C~uncilman Saich that approval of the map be granted
subject to rezoning; Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VII PAYING BILLS
A. Resolution 366
Moved by Councilman Benetti that Resolution 366 be enacted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazane~, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VIII PROTESTS AND WRITTEN COMMUNICATIONS
A. County Planning Commission: Agenda for September 21, 1960
Council instructed the City Manager to inform the Chairman
of the ·Planning Commission to appear before the County Plan-
ning Commission relative to List Greenbelt Application.
B. California Highway Commission:
Report concerning Highway 9.
The Council directed the City Manager to study the contents
and report to the City Council at the following meeting.
C. Eugene Young: Submission of resignation from the City of
Cupertino Recreation Commission.
The Council requested that a letter of appreciation be di-
rected to Mr. Young for his services.
Moved by Councilman Benetti that communications be received
and filed; Seconded by Councilman Lazaneo.
~YES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IX REPORT OF OFFICERS AND COMMISSIONERS
A. Report of Road Commissioner.
The traffic signal at stelling and Stevens Creek Blvd. will
be repaißd September 20th.
B. Report of Ponce and Fire Chief (City Manager).
1. Sheriff's Accident Report Summary.
2. The Clty Manager recommended against installing a stop
sign at the intersection of Rae Lane a~d East Estates
Drive. After further discussion the C ty Manager stated
he wou11 have a radar check of the block to determine
the need for a stop sign.
3. The Mayor proposed that stop signs be installed at the
right turn lanes of the main intersection, with partic-
ular reference to the NJrtheast and Southwest corner.
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C. Report of Recreation Commissioner.
Councilman Benetti reported that the Recreation contract
is in his hands and he will make official comment on
October 3.
D. Report of City Treasurer.
1. Statement of Delinquent Property Taxes Received.
Secured Delinquent Taxes less Collection
Charge of 1%. . . . . . . . . . . . . . . $
69.55
Trailer Coach License less Collection
Charge of 1%. . . . . . . .
Net Amount. .
. $
13.97
é33.52
2. Cash Balances - City of Cupertino 9/1/60
General Fund
Storm Drain
Plan Check and Inspection
Lighting District
Balance in Storm Drain Fund 9/16/60
$62,294.99
6,747.60
16,886.67
2,72~.26
"$é3é3,65 .52
$17,002.53
E. Report of Public Health and Safety Commissioner.
F. Report of City Manager.
1. Moved by Councilman Lazaneo that the advance registration
fee of $75.00 be paid by the City of Cupertino for the
League of Clties meeting in Los Angeles, October 23;
Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
2. The presence of the local bank president will be required
at the adjourned Council Meeting scheduled for Septem-
ber 27th at 7:30 P.M. in order to discuss the Bank Park-
ing lot.
3. The Regnart Creek Channel will be improved in the near
future.
4. The City Councill authorized the City Manager to allow
Mariani to use the City Water Pipes to transmit his own
water.
G. Report of City AtiDrney.
1. Moved by Councilman Saich that the Mayor sign a proclam-
ation declaring the month of October for the Santa Clara
County United Fund solicitation among the citizens of
Cupertino, and call upon everyone to contribute in all
ways possible to this community enterprise for the com-
mon good; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
2. Letter to Foothill College concerning Cancellation of Taxes-
Euphrat Property.
Letter states that City Attorney does not believe his sig-
nature is in order at this time.
3. The proposed contract between the City of San Jose and
the City of Cupertino was submitted to the City Council.
Consideratinn of this contract was scheduled for Tues-
day, September 20th at 6:30 P.M.
H. Planning Commission Report
See report of Chairman, also Council Agenda, September 19th.
168
I. Report of City Engineer.
See report.
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UNFINISHED BUSINESS
A. Standard Oil Service Station;
and Stevens Creek Boulevard.
illustrations. Referred from
northeast corner Portal Avenue
Architectural drawings and
August 4, 1960 Meeting.
Moved by Councilman Lazaneo that a Use Permit be granted
for construction of Exhibit A, as posted on the board; Sec-
onded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
B. Miscellaneous
None
XI NEW BUSINESS
A. Street Lighting Dlstrict
Rescheduled for September 27, 1960.
XII ORAL COMMUNICATIONS
None
XIII ADJOURNMENT
Meeting adjourned at 12:15 A.M., September 20, 1960
APPROVED:
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Ci ty Clerk