CC 10-03-60
174
P. O. Box 597
AL 2-4505
I-t
~
~
-
!:Ie
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 3, 1960
Place: 10321 S. Saratoga-Sunnyvale Road
Time: 8:00 P.M.
Benetti, Jewett, Lazaneo, Pelosi, Saich
None
City Manager, City Attorney, City Engineer
Ci ty Clerk
III MINUTES OF THE PREVIOUS MEETINGS, September 16, 19, 20, 24.
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present:
Councilmen Absent:
Others Present:
Moved by Cmncilman
onded by Councilman
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Lazaneo that the minutes be approvedj Sec-
Benetti.
Benetti, Jewett, Lazaneo, Pelosi, Saich
None
None
5-0
IV PUBLIC HEARINGS:
A. Stevens Creek #6 Annexation. Hearing. Ordinance 150.
E. J. Schaper, as agent for the property owners submitted
protests by: S. J. Minaker, Mary Minaker, Geo. Izu, Viola
Murphy, Edward J. Gaviglio, Paul Goviglio, K. Craighead,
M. Morris, Jimmy and Minnie Penna, Virginia Bevans, Harold
Zimmerman.
The City Clerk stated that the protests submitted appeared
to be more than a majority of the assessed value of the
property within the annexation.
The Mayor continued the Hearing on Stevens Creek #6 annex-
ation to October 17th, in order to check the sufficiency
of the petition and determine whether or not a majority
protest has been submitted.
B. Sylvia Properties: Application to rezone 163' x 215' from
R-l:B-2 to R-2-Hj eastside Mt. View-Stevens Creek Road near
Starling. Recommended by Planning Commission Resolution
No. 22.
Moved by Councilman Saich that the City Attorney be in-
structed to prepare an Ordinance rezoning the property as
stated on the applicationj Seconded by Councilman Lazaneo
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
V ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. 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 Utility Easement: And Providing Penalties For The
Violation Thereof.
Ordinance given First Reading.
B. Ordinance 146, Rezoning Benson Construction Company from
R-l:B-2 to R-l, Calabazas Creek, west of Miller.
Ordinance 146 given First Reading.
City Council requested that the conditlons imposed by the
Planning Commission upon voting to recommend the rezoning
be included as conditions in Ordinance 146.
IW
C. Ordinance 147, Rezoning Page Property to R-l. Second Read-
ing.
Moved by Councilman Benetti that the full reading of Ordi-
nance 147 be waived, the reading confined to title only;
Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 147 read by title only.
Moved by Councilman Saich that Ordinance 147 be enacted;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: Noœ
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
D. Ordinance 148, Rezoning Chuck Property to M-I-H. Second
Reading.
Moved by Councilman Lazaneo that full readi~ of Ordinance
148 be waived; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 148 read by title only.
Moved by Councilman Lazaneo that Ordinance 148 be enacted;
Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
E. Ordinance 002(c), Providing For Use Permits on Nurseries
And Greenhouses. Second Reading.
Moved by Councilman Saich that full reading of Ordinance
002(c) be waived; Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 002(c) was read by title only.
Moved by Councilman Benetti that Ordinance 002(c) be enacted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
F. Resolution 367: Giving Notice of The Proposed Annexation
of Certain Uninhabited Territory, Designating It By The
Name Homestead 5, Giving Notice of The Time and Place
Council Will Hear Protests Thereto.
Resolution 367 was read.
Moved by Counc~n Lazaneo that Resolution 367 be enacted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
G. Ordinance 151, Amending Ordinance 126 Rezoning Property of
Woodruff to R-3-H. (Revised Description.) First Reading.
Continued to October 17, 1960.
17()
VI PAYING BILLS
A. Resolutions 368 and 369.
~
~
~
¡,..
t:-=
Moved by Councilman Benetti that Resolution 368 be adopted;
Seconded by Councilmen Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Moved by Councilman Lazaneo that Resolution 369 be adopted;
Seconded by Councilman Jewett.
AYES: Councilman: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARBIED: 5-0
VII PROTESTS AND WRITTEN COMMUNICATIONS
A. Bendik: Appeal
B. M. J. King: Letter relative to Regnart Creek easement.
C. Williams: Withdrawing Excell Application until further
notice.
D. County Boundary Commission: Latest annexations within
three miles of the City of Cupertino.
E. Palo Alto Chamberof Commerce: Dinner invitation.
F. Civil Defense: Latest bulletins.
Moved by Councilman Benetti that the communications be
received and filed; Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VIII REPORT OF OFFICERS AND COMMISSIONERS
A. Report of Road Commissioner
B. Report of Police andFire Chief (City Manager)
A letter has been received requesting a turn signal at the
main intersection. City will study.
C. Report of Recreation Commissioner.
The proposed contract between the school district and the
City will be discussed qythe Recreation Commission Tues-
day night, October 4th; also scheduled for October 17th
agenda.
D. Report of City Treasurer.
Statement of cash balances, October 1st, was read.
E. Report of Public Health and Safety Commissioner.
October 6th has been confirmed as the time for meeting
between the City Council and the Sanitary Board.
F. Report of City Manger
1. The City Manager proposed that the street numbering
system be revised so that the house numbers contain
four digits rather than the five digjt system which
is now in use.
2. The traffic signal at Miller and Stevens Creek Road
is not functioning.
G. Report of City Attorney:
Moved by Councilman Benetti that REsolution 372 be enacted,
the Resolution of the City Council of the City of Cupertino
appointing Hal JJhnson to serve on the City Park and Recre-
ation Commission; Seconded by Councilman Saich.
117
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Lazaneo, Pelosi, Saich
None
None
5-0
The City Attorney recommended that the City Council employ
a deputy City Attorney to attend the Planning Commission
meetin§~.
H. Report of The Planning Commission.
(See Coucil agenda of October 3rd, also report of Planning
Commission Chairman).
I. Report of City Engineer
(see written report)
Moved by Councilman Lazaneo that Resolution No. 371 be
enacted, being a Resolution of the City 60uncil of the
City of Cupertino accepting the dedication of real prqErty
from Torao and Saono Kishimoto; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Moved by Councilman Saich that Resolution
being a resolution of the City Council of
ertino accepting a grant of easement from
Home; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
No. 370
the Cit
Solheim
be enacted,
of Cup-
Lutheran
M6ved by Councilman Saich that the City Engineer be author-
ized to proceed, per engineering report of October 3rd, with
the installation of a 15" storm drain pipe at the corner of
Highway 9 and Rodrigues Avenue, at a cost of $1,972.25;
Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IX UNFINISHED BUSINESS
A. Parking lot First National Bank of Cupertino.
Continued to agenda of October 17th.
B. Audit.
Continued to agenda of October 17th.
C. Financial Report and Recommendations re Proposed Storm Drain
and Boundary Contract, San Jose and Cupertino.
Moved by Councilman Benetti that Resolution 373 be enacted
authorizing the Mayor and City Clerk to execute an agree-
ment between the City of Cupertino and the City of San Jose;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
(Agreement concerns McClellan Road storm drain pipe and)
(mutual boundary line of the two cities)
D. Miscellaneous
October 6th, 7:30 P.M. has been scheduled for a special
meeting of the Cuprtino Planning Commission for the pur-
pose of approving a school site on the Nathanson property
located north of Junipero Serra plan line.
City Council asked for a check of the time and place of the
next Inter-City Council Meeting.
118
Councilman Saich said he has received phone calls from
owners named Weidner and Ellis on N. Blaney Avenue ob-
jecting to the grading of the Tract 1685, Baywood.
,....
~
~
~
tJ:
No word has been received from San Jose Water Works re-
lative to the removal of water meters located on the
westside of Highway 9.
X NEW BUSINESS
A. Statewide, Inc.: Application to Planning Commission:
20556 Sunrise Drive. C-I-H.
Continued to October 17th.
B. Discussion of Neighborhood Plans
Moved by Councilman Lazaneo that the City Engineer contact
Page property in order to secure the installation of curb,
gutter, and sidewalk across Western Drive to the existing
section of Scofield, and negotiate an alignment with the
existing Scofield Drive; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
C. Street Lighting District.
Rescheduled to October 5th, 7:30 P.M.
D. Miscellaneous
None
XI ORAL COMMUNICATIONS
None
XII ADJOURNMENT
Moved by Councilman Lazaneo that the meeting be adjourned to
7:30 P.M., October 5th; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi, Saich
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Meeting adjourned at 12:05 A.M., October 4th.
APPROVED:
~AT{EST:
~,~.
1 ty Clerk
~