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CC 11-21-60 199 P. O. BJX 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 21, 1960 Place: Time: 10321 S. Saratoga=Sunnyvale Road 6: 30 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 Clerk, City Attorney, City Engineer III MINUTES OF THE PREVIOUS MEETINGS: November 7, and 15, 1960. Moved by Councilman Benetti that the minutes be approved as submitted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 IV PUBLIC HEARINGS: A. Ray G. Almstrom: Application for Variance to Sign Ord- inance: 48 sq. ft. over allowable size. Mandella's Restaurant. Denied by Planning Commission. Appeal to Council. Moved by Councilman Lazaneo that the hearing be closed; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Moved by Councilman Saich that a variance of 48 sq. ft. be granted to the applicant subject to the conditions that all signs at the front of the property be removed; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: Benetti. ABSENT: Councilmen: None MOTION CARRIED: 4-1 V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 153. Rezoning 50 lots from R-l:B-2 and R-3-H to C-I-H, R-3-H and R-l: between East Estates Drive and Calabazas Creek. Second Reading. Moved by Councilman Jewett that reading be confined to title only; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Ordinance 153 read by title only. Moved by Councilman Benetti that Ordinance 153 be adopted; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Ordinance 154. Annexation of uninhabited territory, desi~- nated "Homestead No.5" (Homestead Road and Stevens Creek). Second Reading. Moved by Councilman Saich that reading of Ordinance 154 be confined to title only; Seconded by Councilman Jewett. 200 ,.,... AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Lazaneo, Saich, None None 5-0 ~ ~ Pelosi ... t-= Ordinance 154 read by title only. Moved by Councilman Benetti that Ordinance 154 be adopted; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 C. Ordinance 155. Rezoning 2 acres from R-3-H to C-I-H; Southside of Stevens Creek Blvd. at Calabazas Creek. First reading given. D. Ordinance 156. Rezoning 62 lots between Idlewild Greens and Freeway line from R-l:B-2 to R-l and R-3-H. First reading given. E. Resolution 388. Giving Notice of Proposed Uninhabited annexation, designated Stevens Creek No.8. Postponed. F. Ordinance 89A. Amendment to Sign Ordinance. First reading given. On the advice of the City Attorney, Moved by Councilman Lazaneo that Ordinance 89A be referred to the Planning Commission for consideration and notice of public hear- ing before that body; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelos: NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 VI PAYING BILLS A. Resolutions 386 and 387. Moved by Councilman Benetti that Resolution 386 be en- acted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Moved by Councilman Lazaneo that Resolution 387 be en- acted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 VII PROTESTS AND WRITTEN COMMUNICATIONS 1. Cupertino School District: Resolution of the school board and letter of transmittal requesting annexation of the Monta Vista school property and Voss Avenue to the City of Cupertino. 2. County of Santa Clara: Copy of Hillside Standards be- ing used by that jurisdiction. 3. Couriy Fish and Game Commission: program to plant full allocation reservoirs in this County. Requesting support in a of trout in streams and Moved by Councilman Benetti that the City Manager write Milton Gjurovich, Chariman of the Fish and Game Commission, stating full support of this program; Seconded by Council- man Lazaneo. VIII 20] AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Lazaneo, Saieh, Pelosi None None 5-0 4. Moved by Councilman Benetti that the communications be received and filed; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Warner Wilson addressed the Council with respect to his letter of protest to the Bendik rezoning. The Mayor stated thªt the hearings before the Planning Commission and City Council had been held and closed, but that the Council w6uld read his letter of protest and the two others submitted prior to the adoption of the ordinances rezoning subject property. REPORT OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner Councilman Saich reported that the preparation for the Countywide trafficways bond election was progressing. B. Report of Police and Fire Chief (City Manager) 1. No police report. 2. A slight fire on East Estates Drive was extinguished. 3. One report of illegal burning was reported. 4. One person was locked out of his house. C. Report of Recreation Commissioner - Agreement for Park and Recreation Purposes. 1. Councilman Benetti reminded that November 22, 8:00 P.M., is the time scheduled for the Recreation Commission meeting with the City Council. Councilman Benetti noted that only one additional change has been made in the Agreement for Park and Recreation Purposes. Moved by Councilman Lazaneo that Resolution 389 be adopted, a Resolution of the City Council of the City of Cupertino Authorizing Execution of Agree- ment For Park and Recreation Purposes Between the Cupertino Union School District and the City of Cupertino; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: The City Manager was instructed to contact the school district and proceed with the acquisition of the planned recreation facilities - bleachers, equip- ment, etc. D. Report of City Treasurer - Monthly Report E. Report of Public Health and Safety Commissioner Councilman Lazaneo encouraged the City to support the bond election being held by Cupertino Sanitary District on December 6, 1960. Moved by Councilman Saich that Resolution 390 be adopted, a Resolution of the City Council of the City of Cupertino Endorsing, Sewage Dispos~ Treatment Plant as proposed by the Cupertino Sanitary District and Requesting its Citizens to Vote in Favor of the General Obligation Bond Issue for the Construction Thereof at the Special Election to be Held 202 on December 6, 1960; AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Seconded by Councilman Jewett. Benetti, Jewett, Lazaneo, Saich, None None 5-0 ..... 1-3 ~ ... Pelosi c.= F. Report of City Manager 1. The County Traffic Engineer has submitted a letter to the City after making a survey with the City Manager to the effect that 25 miles per hour is too slow a speed for that portion of Mt. View-Stevens Creek Road adjacent to the quarries. He is of the opinion that 25 MPH would be dangerous and that 35 MPH is the proper speed. 2. The State Division of Highways has been contacted concerning the extension of the 25 mile per hour zone south on Highway 9 to the City limits. The Highway Department will conduct a survey of this matter soon after Thanksgiving. G. Report of City Attorney 1. Lyddon matter: further consideration of Lyddon's request for storm drain reimbursement will be con- sidered on December 5, 1960. 2. The City Attorney requested that the City raise its ~ayment in an eminent domain case from a total of $50.00 to $200.00, being an allowance of $25.00 for 8 trees. Moved by Councilman Saich that the reimbursement in the subject eminent domain be changed to $25.00 per tree for 8 trees, increasing the payrrent by a total of $150.00; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRJED: H. Report of Planning Commission See report of Burrel Leonard, Chairman; also Council agenda of November 21, 1960 under report of Planning Commission. I. Report of City Engineer 1. Moved by Councilman Benetti tht Resolution 391 be adopted, approving final map of Tract #1603, Mar- tinwood, accepting certain roads and ways: auth- orizing the City Engineer and City Clerk to sign final map; and authorizing agreement in connection therewith. 2. Underground water rights; storm drainage costs study report and the master storm drain plan were deferred to the agenda of December 5, 1960. IX UNFINISHED BUSINESS A. Miscellaneous None X NEW BUSINESS A. Miscellaneous Councilman Saich reminded that December 1, 1960, 8:00 P.M., City Hall is the time and place for a scheduled meeting relative to streets and roads in and about City of Cupertino; the proposed County Trafficways Bond will also come in for discussion. XI ORAL COMMUNICATIONS None q'" ,j"i) XII ADJOURNMENT Meeting adjourned at 8:10 P.M. Joint Meeting of City Council and Planning Commission re- convened at 9:10 P.M., City Hall. Councilmen Present: Councilmen Absent: Benetti, Jewett, Lazaneo, Saich, Pelosi None Commissioners Present: Commissioners Absent: Adamo, Fitch, Leonard, Small Bagar, Rampy, Snyder Discussion was held concerning the construction of apartments within the City of Cupertino. The City Cancil adjourned at 11:15 P.M. to 5:00 P.M., Tuesday, November 22, 1960. Meeting of November 22, 1960 adjourned at 5:00 P.M. to Nov- ember 23, Wednesday, 5:00 P.M., City Hall. APPROVED: ^ . ('-1 ~/i \";':..\,..,J .';'to (f.;J;I'~'''' Mayor, Ci _ f Cupertino AT~I~ City Clerk ~-c-