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CC 12-05-60 ~Oh 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 DECEMBER 5, 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG ROLL CALL Councilmen Present: Councilmen Absent: Others Present: II Benetti, Jewett, Lazaneo, Pelosi, Saich None City Manager, City Attorney, City Clerk Bill McBee (City Engineer's Office) III MINUTES OF THE PREVIOUS MEETINGS: November 18, 21, and 23, 1960. Minutes of November 21: page 5, item VIII, I, 1, add "Seconded by Councilman Saich, and carried 5-0". 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 Hearing on Resolution 384: Intention to Order Vacation of Cer- tain Public Streets Within The City; Winston Way and Salem Av- enue, Tract No. 2527, La Cresta No.1. The Mayor declared the hearing open and asked if any written protests had been submitted, or if there were any oral protests from the floor. There were none. Moved by Councilman Benetti that the hearing be closed; Secon- ded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi ~AYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Resolution 398 was introduced: A Resolution of The City Council Ordering Vacation of Certain Public Streets Within City In Acc- ordance Wi;c.h Sect:bn 8320 In The Streets And Highways Code of The State of California. Councilman Benetti moved enactment of Resolution 398; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 80B: Amendment to the Plumbing Code. First Read- ing. First reading given to Ordinance 80B: An Ordinance of The City Amending Ordinance 80, Which Ordinance Adopts By Ref- erence The Western Plumbing Officials Uniform Plumbing Code, 1955 Edition, by adding thereto a Bchedule of appliance fees. Councilman Benetti moved that a notice of hearing be pub- lished in the Cupertino Courier announcing the time and place for second reading and adoption of Ordinance 80B, per advice of City Manager; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Ordinance 143A: An Ordinance Amending Ordinance 143 By The Establishment of Minimum Off-Street Garage And Carport Space 206 """' ~ ~ For Single Family Dwellings And Declaring The Urgency Thereof. .. tI: Ordinance No. 143A was read. Councilman Saich moved for the enactment of Ordinance No. 143A; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 C. Ordinance 155: side of Stevens ing. Rezoning 2 acres from R-3-H to C-I-H; south- Creek Blvd. at Calabazas Creek. Second Read- Moved by Councilman Jewett that Ordinance No. 155 be read by title only; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Ordinance 155 read as to title only. Moved by Seconded AYES: NAYS: ABSENT : Councilman Saich that by Councilman Jewett. Councilmen: Benetti, Councilmen: None Councilmen: None Ordinance 155 be enacted; Jewett, Lazaneo, Saich, Pelosi D. Ordinance 156: Rezoning 62 lots between Idlewild Greens and Freeway line from R-l:B-2 to R-l and R-3-H. Second Reading. Moved by Councilman Benetti that reading of Ordinance 156 be confined to title only; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Ordinance No. 156 read as to title only. Moved by Councilman Jewett that Ordinance No. 156 be enact- ed; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Warner M. Wilson who had submitted a letter of protest to the Bendik rezoning contained in Ordinance No. 155 addressed the Council on the same subject. He reiter- ated the objections that he had submitted in writing after public hearings on the application had been closed. E. Resolution 388: A Resolution of The Council of The City of Cupertino Giving Notice of The Proposed Annexation of Cer- tain Uninhabited Territory to Said City, Describing Said Territory And Designating It By The Name Stevens Creek No.8, Making Certain Findings Respecting Said Proposal: And Giv- ing Notice of Time Said Council Will Hear Protests Thereto. Resolution 388 was read. Moved by Councilman Lazaneo that Re31ution 388 be adopted; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 F. Resoltion 396: Being A Resolution of City Council Accepting Dedication of Real Property From Warner M. Wilson, Neville E. Woodruff and Pauline Woodruff, et al. ~f~7' ~~\1 Moved by Councilman Lazaneo that Resolution 396 be adopted; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 VI PAYING BILLS A. Resolutions 393 and 394. Moved by Councilman Saich that Resolution 393 be adopted; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pe1Ei NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 ~ Moved by Councilman Saich that Resolution 394 be adopted; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 VII PROTESTS AND WRITTEN COMMUNICATIONS 1. County Boundary Commission: Latest annexations within 3 miles. 2. Mayor of Los Altos: Letter of acknowledgement and appecia- tion of Cupertino Resolution consenting to Los Altos annex- ation. VIII REPORT OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner No report other than briefing between 7 and 8 P.M. B. Report of Police ad Fire C~f (City Manager) No report. C. Report of Recreation Commissioner The Recreation Commission will review their committee re- port at greater length during the œxt meeting. D. Report of City Treasurer No report. E. Report of Public Health and Safety Commissioner No report; however, Councilman Lazaneo again urged full support for the C.S.D. Bond Election and asked all to cam- paign on behalf of the bond issue. F. Report of City Manager Nothing further. G. Report of City Attorney Nothing further; however Mr. Anderson read excerpts from an article in the Los Gatos Times Observer and emphasized q the fact that the Cities of San Jose and Santa Clara are opposed to construction of treatment plants by Cupertino Sanitary District and County Sanitation District #4. H. Report of Planning Commission 1. Mariani Application: Blaney and Homestead. Recom- mended by Planning Commission Resolutions 26, 27, and 30. Conditions. Moved by Councilman Saich that Planning Commission Res- olution 26 be approved by the Council subject to the deletion of condition #3; Seconded by Councilman Benetti. Moved by Councilman Lazaneo that Planning Commission Resolution 27 be approved by the Council subject to the deletion of condition #5; Seconded by Councilman Saich. AYES: 208 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 ~ ~ c::: .. ac Benetti, Pelosi None None 5-0 Jewett, Lazaneo, Saich, Moved by Councilman Lazaneo that Planning Commission Resolution 30 be adopted by the Council; excluding Planning Commission conditions 2 through 7, inclusive; Seconded by Councilman Saich. AYES: Councilmen: Lazaneo, Saich, Pelosi NAYS: Councilmen: Benetti, Jewett ABSENT: Councilmen: None MOTION CARRIED: 3-2 2. Resolution 28, recommending concrete block wall speci- fications. Moved by Councilman Saich that Planning Commission Res- olution 28 be adopted by the Council; Seconded by Coun- cilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Pelosi None None 5-0 Jewett, Lazaneo, Saich, I. Report of City Engineer 1. Moved by Councilman Benetti that Resolution 401 be adopted, A Resolution Approving The Final Map of Tract 1946, Pringlewood, Accepting Certain Drives, Avenues, And Roads; Authorizing The City Engineer and The City Clerk To Sign The Final Map; And Authorizing Agreement In Connection Therewith; Seconded by Councilman Lazaneo. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 2. Discussion of underground water rights, storm drainage cost study report, and master storm drain plan were scheduled for the agenda of December 19, and 20 if nec- essary. q IX UNFINISHED BUSINESS A. Lyddon: Storm Drainage, etc. Rescheduled for December 19, 1960. B. Miscellaneous None X NEW BUSINESS A. Miscellaneous None XI ORAL COMMUNICATIONS 1. Pauline Woodruff made a statement relative to the dedication of the property at the southwest corner of STevens Creek Road and Highway 9. She protested the City requirement that they provide electroliers and conduit for street lighting, inas- much as they pay a tax of $.29 to the Street Lighting District. She presented a written statement. Moved by Councilman Benetti that the written statement of WJ9 Mrs. Woodruff be received and filed; Seconded by Council- man Lazaneo. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, None None 5-0 Jewett, Lazaneo, Saich, Pelosi 2. Thomas Burrascano, City Civil Defense Director reported that the first aid equipment has beffigranted to the City of Cup- ertino and will be stored in the Water Department quarters. He also reported that he has submitted a Civil Defense Plan to the City Manager for adoption by the City Council. The City Manager stated that the new plan would be integ- rated with an existing plan and may be ready for the Council agenda of December 19, 1960. 3. William Ruttan, member of the Cupertino Library Commission invited the City Council and all staff members and the pub- lic to attend the opening of the Cupertino Branch of the County Library. The location is at 10255 So. Saratoga- Sunnyvale Road in the Allario Shopping Center, and the dedi- cation ceremony will be Sunday, December 11, 1960, 2 to 5 P.M. XII ADJOURNMENT Moved by Councilman Lazaneo that the meeting be adjourned at 9:35; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 APPROVED: ATTL City Clerk / ~k ì""""" · 210 P. O. Box 597 AL 2-4505 ¡...M Þ-3 c::::: '- ~ C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19, 1960 Place: Time: 10321 So. Saratoga-Sunnyvale Road 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 Engin- eer, City Clerk III MINUTES OF THE PREVIOUS MEETING: December 5, 1960. Moved by Councilman mitted; Seconded by AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Saich that the minutes be approved as sub- Councilman Jewett. Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 IV PUBLIC HEARINGS 1. Jack Mariani, et al: Application to rezone 52 acres from A-2:B-4 ill C-l-H, R-3-H, and R-l. Recommended by Planning Commission Resolutions 26, 27, and 30. Southwest corner Blaney & Homestead. The hearing was declared open. No protests were submitted. The City Attaney stated, after being questioned by the City Council, that no violation of law or Ordinance exists with respect to the Mariani application inasmuch as Ord- inance 144 Revised was not in effect at the time the Mari= ani application was filed. Moved by Councilman Saich 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 th~ the City Attorney draft an Ordinance rezoning the Mariani property, per application; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 002E: Amending zoning Ordinance with respect to annexed territory; Urgency Ordinance. Ordinance 002E was introduced and read. Moved by Councilman Saich that Ordinance 002E be enacted, Amending Ordinance 002 Providing For Statutory Enactment of General Law and For Zoning of Property as Annexed to The City; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Ordinance 80B: Amendment to the Plumbing Code. Second Reading. (Public Hearing Notice). Moved by Councilman Lazaneo that the public hearing be closed; Seconded by Councilman Jewett.