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CC 11-07-60 ··~Ú·l· .Þi..iY P. O. Box 597 AL 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 7, 1960 . Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P.M. SALUTE TO THE FLAG I II ROLL CALL Councilmen Present: Councilmen Absent: Others Present: Benetti, Jewett, Lazaneo, Pelosi, Saich None City Manager, City Attorney, City Engineer Ci ty Clerk III MINUTES OF THE PREVIOUS MEETINGS: October 17, 20 and 27, 1960. Minutes of October 17 meeting are corrected as follows: IX-G-3, change "Manager" to "member"; IV-A (']('1+) change "Menetti" to "Benetti". Moved by Councilman Saich that the Minutes be approved as corr- ected; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 IV PUBLIC HEARINGS: A. Thomas Bendik: Application to rezone 2 acres from R-3-H to C-I-H, west bank Calabazas Creek, south side of Stevens C Creek Blvd. Recommended by Planning Commission Resolution No. 24. Conditions. Appeal by applicant. Thomas Bendik, 7575 Kerwin Lane, spoke as applicant. He stated that no cement mixers or such heavy equipment would be used or rented as part of the business. Moved by C)uncilman Saich that the hearing be closed; Sec- onded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Moved by Councilman Lazaneo that the City Attorney prepare an ordinance rezoning subject property according to stand- ard conditions with the provision that no heavy equipment be allowed or any M-I-H use, H control to be in effect; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Laflaneo, Saich, Pelosi NAYS: Cmncilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Rousseau: Application to rezone 62 lots between Idlewild Greens and Freeway from R-l:B-2 to R-l and R-3-H. Recom- mended by Banning Commìssion ~solution No. 25. George Oakes represented Rousseau. Moved by Councilman Saich that the hearing be closed; Sec- onded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 In response to a question, Mr. Oakes stated that his firm will landscape that portion of the subdivision adjacent to the freeway. Moved by Cóuncilman Saich that the City Attorney prepare an ordinance rezoning the property as stated in the appli- cation according to standard conditions; Seconded by Coun- cìlman Jewett. 192 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 1-1 ~ ~ i- tJ; C. Homestead No.5 Annexation. Hearing. Ordinance No. 154. No ~tests submitted. Moved by CJuncilman Benetti that the hearing be closed; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Ordinance No. 154 given first reading. V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 152, Rezonin~ Sylvia Properties to R-2-H, Mt. View- Stevens Creek Blvd. Second Reading. Moved by Councilman Saich that full reading of Ordinance No. 152 be waived; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Ordinance No. 152 read by title only. Moved by Councilman Benetti that Ordinance No. 152 be en- acted; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Ordinance 153, Rezoning 50 lots from R-l:B-2 and R-3-H to C-I-H, R-3-H and R-l: Rousseau property, between East Estates Drive and Calabazas Creek. First Reading. Ordinance 153 given first reading. C. Ordinance 007A, Amending Ordinance 007, Fixing Revised Fees For Garbage Service. Continued to November 21, 1960. D. Resolution 375, Authorizing Execution of "Garbage Contract". Continued to November 21, 1960. E. Resolution 383: Appointing Paul Finch to Serve on the Clty Park and Recreation Committee. Moved by Councilman Benetti that Resolution 383 be enacted; Seconded by Councilman Lazaneo. AYES: Councilman: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Counc ilmen: None MOTION CARRIED: 5-0 VI PAYING BILLS A. Resolutions 381 and 382. Moved by Councilman Lazaneo that Resolution 381 be enacted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: ~one ABSENT: Councflmen: None MOTION CARRIED: 5-0 Councilmen Saich moved enactment of Resolution 382; Second- ed by Councilmen Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 193 VII PROTESTS AND WRITTEN COMMUNICATIONS A. Appeal of J A. M reing: Applicatlon for architectural and site approvel, Blaney and Bollinger. Jack Robertson, 1177 University Drive, Menlo Park, spoke on behalf 0 f his client, the applicant. The applicat also addressed the Council. A colored drawing was presented showing the shopping center as it is supposed to look upon completion. The drawing had not been submitted to the Planning Commission or the H Con- trol Committee. The application was directed to the Planning Commission for its agenda of November 14, 1960. Council agreed to meed November 15, 1960, in order to expedite the applica- tion. B. Agreement For The Purchase By City of Cupertino of The State's Title To Certain Lands. VIII Moved by Councilman Saich that the agreement be executed; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 REPORT OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner County Trafficways Committee meets November 9 as scheduled. Councilman Saich summarized latest developements. B. Report of Police and Fire Chief (City Manager) 1. No fires to report. 2. A model home in Baywood Subdivision, Blaney Avenue, has been burglarized. 3. The City will receive civil defense equipment from County Headquarters. C. Report of Recreation Commissioner - School Contract Continued. November 16 has been scheduled for a joint meeting of the PlannirgCommission and Recreation Commission. Councilman Benetti reviewed the latest developements on the School-City Recreation Contract. D. Report of City Treasurer. No report. E. Report of Public Health and Safety Commissioner Councilman Lazaneo asked the City to support the bond issue proposed in the December 6, 1960 election of the Cupertino Sanitary District. The purpose is to construct a sewage treatment plant serving the Cupertino Sanitary District. Issue is in the sum of $lt million. Moved by Councilman Lazaneo that the City Attorney draft a resolution recommending endorsement of the Sanitary District bond issue; Seconded by Counc_: lman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Cmncilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 F. Report of City Manager Moved by Councilman Saieh that November 11, 1960, Veterans' Day, be declared a legal holiday for City employees; Sec- onded by Councilman Bentti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 194 G. Report of Clty Attorney 1. Mr. Anderson reviewed the Court decision "City of Cupertino vs. City of San Jose. found in favor of San Jose. ¡...¡ ~ ~ ,... ti:: in the case The Court Moved by Councilman Saich that rehearing by the State Supreme cilman Jewett. AYES: Councilmen: NAYS: CouncilmeN: ABSENT: Councilmen: MOTION CARRIED: the City petition for Cout; Seconded by Coun- Benetti, Jewett, Saich, Pelosi None Lazaneo (excused earlier) 4-0 2. Jack Lyddon - further correspondence relative to ded- ication and other City requirements, north west cor- ner Vista and Stevens Creek. Moved by Councilman Benetti that Resolution 384 be enacted, a resolution of the City Council of its in- tention to order vacation of certain public streets within the City; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Saich, Pelosi NAYS: COuncilmen: None ABSENT: Councilmen: Lazaneo MOTION CARRIED: 4-0 December 5, 1960 is fixed as the time for hearing. H. Report of Planning Commission See Council Agenda November 7; also see report of Planning Commission Chairman November 7, 1960. I. Report of City Engineer Moved by Councilman Benetti that Resolution 385 be adopted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Lazaneo MOTION CARRIED: 4-0 Resolution 385 is a resolution accepting dedication of real property from the Cali ·ornia Pacific Title Insurance Company, a grant deed for the widening of Mt. View-Stevens Creek Road as requested for the developement of lots on Salem Avenue. The deed to Swanson's property given to the City was trans- mitted to the City Engineer for checking. Further develope- ment is presently taking place on the Swanson lot, north west corner Vlsta and Stevens Creek Blvd. and the appropriate dedication must be in the hands of the City. IX UNFINISHED BUSINESS A. Parking Lot - First National Bank of Cupertino The City Manager report for meeting of November 7, 1960. B. Miscellaneous 1. San Jose Water Works has thus far declined to remove, at their own expense, the meter boxes adjoining the west side of Highway 9 in order to affect the widen- ing of the Highway. 2. The Superintendent of the Fremont Union High School District has written the City Manager to the effect that the high school district is withdrawing its re- quest for site approval of the 52 acres, south west corner Homestead and Blaney Ave. 3. Statewide, Inc. has asked to withdraw its application for C-I-H, 20556 Sunrise Drive. This and similar sit- uations are due for Council discussion at its next meeting. X NEW BUSINESS A. The City Library Commission has requested that the 25 mile 195 speed zone be extended to the City limits so as to put the branch library, opening shortly at Rodrigues Avenue, within the 25 mile zone. Council requested that the City Manager pursue this matter. B. Moved by Councilman Benetti that the correspondence be re- ceived and filed; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Lazaneo MOTION CARRIED: 4-0 XI ORAL COMMUNICATIONS A. Clarence Spencer addressed the C"uncil relative to the loc- al quaries including Santa Clara Sand and Gravel which is now within the City limits. He expressed concern over the number of quaries at the south end of Mt. View-Stevens Creek Road and the consequent number of heavy trucks, spillage, dust, noise, etc., and asked that the City investigate the County ordinance relating to quary opentions, truck loads, loading procedures, spillage control, etc. He stated that the traffic count along the aforementioned road is 112 trucks every 108 minutes. He also asked that the City ex- amine the use permit apparently issued by the County for the quary operation. B. Thomas Burrascano, City Director of Civil Defense, said that it is normal procedure to intergrate the school plants into the City Civil Defense Program and asked their preference in this regard. The schools are needed as care centers, evacua tion centers, etc. The City C':JUncil advised the Civil Defense Director to proceed on that basis and report steps to the Council at their next meeting. The Mayor stated that Clvil Defense Mbil Unit is now assigned to the City of Cupertino. XII ADJOURNMENT Meeting adjourned at 11:00 P.M. to November 15, 1960 at 7:30 P.M. to discuss the following matters of business: 1. Swanson - Vista and Stevnes Creek. 2. Statewide Inc. and similar situations, Sunrise Drive. 3. J. A. Moreing - Blaney and Bollinger 4. New Business APPROVED: ~%~ &-J&r.sA Mayor, C· tf of Cupertino ATTEðT: ~~~ City Clerk / /. n . ------- ,...,. UJ-4.^ R.-u.