CC 12-19-60
210
P. O. Box 597
. AL 2-4505
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C I T Y 0 Feu PER 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-4ill C-I-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 thΠthe 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.
Movedoy Councilman Saich that Ordinance 002E be enacted,
Amending Ordinance 002 Providing For Statutory Eilactment
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 BOB: Amendment to the Plumbing Code. Second
Reading. (Public Hearing Notice).
Moved by Councilman Lazaneo that the public hearing be
closed; Seconded by Councilman Jewett.
211
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Lazaneo, Saich, Pelosi
None
None
5-0
Moved by Councilman
title only; Seconded
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett that Ordinance BOB be read
by Councilman Lazaneo.
Benetti, Jewett, Lazaneo, Saich,
None
None
5-0
by
Pelosi
Ordinance BOB was read as to title only.
Moved by Councilman Jewett that Ordinance BOB be enacted,
an 6rdinance Amenling Ordinance Bo Which Ordinance Adopts
By Reference The Western Plumbing Officials Uniform Plumb-
ing Code, 1955 Edition, By Ad~ing Thereto A Schedule of
Appliance Fees; Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
C. Ordinance B9A: Amendment of Sign Ordinance. Recommended
by Planning Commission. FTIst Reading.
Ordinance B9A was given first reading, An Ordinance Amend-
ing Ordinance 89 and Providing For Summary Abatement of
Illegal Signs.
City Attorney advised that the second reading before the
City Council should be noticed in the Cupertino Courier
for the next regular meeting January 3, 1961.
D. Resolution 400: Giving Notice of Proposed Uninhabited
Annexation; Stevens Creek - 9.
Resolution 400 was read.
Moved by Councilman Lazaneo that Resolution 400 be enacted,
Giving Notice of The Proposed Annexation of Certain Unin-
habited Territory Describing Said Territory and Designating
It By The Name Stevens Creek - 9, Making Certain Findings
Respecting Said Proposal And Giving Notice of Time and Place
Said Council Will Hear Protests Thereto; Seconded by Council-
man Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich, Pelai
VI PAYING BILLS
A. Resolutions 402 and 403
Moved by Councilman Lazaneo that Resolution 402 be enacted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Moved by Councilman Saich that Resolution 403 be adopted;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VII PROTESTS AND WRITTEN COMMUNICATIONS
1. County Contractors And Homebuilders Association: Resolution
relative to adequate maintenance of outdoor advertising signs
and removal.
2. Cora Older: Letter acknowledging invitation to library dedi-
cation.
3. Santa Clara Journal: Christmas Greetings.
4. American Institute of Park Executives: N.)tice of Meeting
from January 13 to 16, 1961.
212
5. Councilman Saich beported on the recent meeting of the
Division of Highways and said that it may be possible for
City to secure a full clover leaf interchange at Highway 9.
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IX!
The Chamber of Commerce has scheduled their next road meet-
ing for January 12, 1961.
Moved by Councilman Benetti that the communications be re-
ceived and filed; Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VIII REPORT OF OFFICERS AND COMMISSIOÆRS
A. Report of Road Commissioner
1. Councilman Saich reported that the County Trafficways
Committee met on December 14 and adopted a resolution
endorsing a $70 million bond issue for approval by Þhe
electorate.
2. The City of Sunnyvale has not as yet adopted a resolu-
tion supporting the extension of Mary Avenue from Home-
stead Road to Stevens Creek Blvd. The City Manager was
authorized to contact Sunnyvale for the purpose of hav-
ing that City enact a resolution similar to Cupertino's
and endorsing the extension of Mary Avenue from Home-
stead Road to S evens Creek Blvd.
B. Report of Police and Flre Chef (City Manager)
Mr. Storm read the fire report for the period November 20
to December 11, 1960.
The traffic accidents and citation summary for the month
of November was also read.
C. Report of Recreation Commissioner
No report.
D. Report of City Treasurer
No report.
E. Report of Public Health and Safety Commissioner
1. Regional Water Pollution Control Board: Regulation
for the primary purpose of eliminating officially es-
tablished refuse dumps as a source of floating debris
in navigable waters in the San Francisco Bay region.
The Regional Board urges cities to enforce existing
laws to achieve the same purpose.
F. Report of 6ity Manager
1. Mr. Storm proposed that the City install a permanent
overhead traffic signal for the intersection of Stevens
Creek Blvd. and Miller Avenue.
Moved by Councilman Lazaneo that the Clty Manager be
authorized to take bids on an overhead permanent signal
for installation at Miller and Stevens Creek Blvd; Sec-
onded by Councilman Benetti.
Motion withdrawn; instead the City Manager was author-
ized to proceed to accept bids on the above mentioned
signal as stated.
2. McKay & Somps, Civil Engineers, for Tract 2527, have
requested that the City and the public utilities dis-
claim interest in a ten foot public utility easement
and a five foot wire clearance easement lying wester-
ly of and adjoining the easterly boundary of lot 9,
Tract 2527, La Cresta, and that certain ten foot pub-
lic utility easement and five foot wire easement on
lot 10 Tract 2527 also be abandoned. The City Man-
ager said that there is no longer any need for these
easements.
The City Attorney aŒised that abandonment proceedings
be commenced on the subject easements.
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3. The Water Commission has recommended that the Cuper-
tino Water Department proceed with the developement
of a master plan for the water works and have further
recommended that the Mark Thomas Engineering Company
be retained for this job - the cost to be paid out of
the acquisition and construction fund.
The Water Works Plan, storm drainage and Ordinance
144 Revised were marked for further discussion at a
study session.
4. The City Manager reported that the majority of the
cities within the County have abolished the sale of
fireworks. He inquired whether or not the Cupertino
City Council wished to take similar action or to in-
vestigate further the details of fireworks sales.
5. On the subject of weed abatement the City Manager
stated that the City could at this time initiate a
weed control program by noticing the offending prop-
erties and following the regulations of the Cupertino
Ordinance requiring the owner to abate the weeds. If
compliance should not be forthcoming the City would
then remedy the nuisance and place the cost of same
on the tax bill of the property owner.
The City Attorney advised that care be taken to ob-
serve the letter of the law as it constitutes an in-
vasion of private property and courts have been in-
clined to uphold the property owner.
The City Manager was instructed to proceed with a
weed abatement program.
6. The Mayor referred to the report of the City Manager
relative to Planning Commission procedures; he said
that this report should go to the Planning Commission.
G. Report of City Attorney
1. Moved by C:mncilman Benetti that Councilman Lazaneo
be appointed Vice-Treasurer; Seconded by Cmncilman
Jewett.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
ABSTAINING: Lazaneo
MOTION CARRIED: 4-0
2. The City Attorney reported that he is starting to con-
sider the submission of a permanent subdivision ord-
inance for the approval of the City.
H. Report of Planning Commission
(See agenda of December 19, 1960, also report of Planning
Commission Chairman).
I. Report of City Engineer
(See City Engineer's report dated December 19, 1960).
1. City Manager advised that the City take steps to se-
cure underground water rights and suggested that such
a condition be made item 13 on the "Exhibit B" stand-
ard conditions attached to the property rezonings with-
in the City and to be referred to the Planning Comm-
ission for approval by that body. Council agreed that
the City should protect the underground water rights
for municipal purposes.
2. Moved by Councilman Saich that the City Attorney write
Jack Lyddon to the effect that warrants in the amount
of $255.95 for storm drainage reimbursement, and $65.85
for checking and inspection reimbursement are prepared
and will be delivered upon receipt by the City of the
proper street dedication by Mr. Lyddon; Seconded by
Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
214
3. The Storm drainage question was deferred to the agenda
of January 3, 1961.
IX UNFINISHED BUSINESS
A. Lyddon: Storm Drainage, etc.
See VIII, I, above
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B. Civil Defense - Plan
A meeting on the subject is scheduled for December 28,
10:00 A.M., in the school administrative offices - Vista
and Forest.
C. Miscellaneous
Moved by Councilman Lazaneo that the next regular meet-
ing be scheduled for January 3, 1961; Seconded by Coun-
cilman Benetti.
AYES: Councilrren: Benetti, Jewett, Lazaneo, Said) Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
X NEW BUSINESS
A. Acceptance of improved pedestrian easement to school,
Tract 2722, Rivercr st - 4! ft. sidewalk installed.
The City Council authorized the City Manager to study the
situation with respect to the recommendation êf the City
Council that a ten foot improved easement be installed to
the Stevens Creek School.
B. Miscellaneous
I~C
he President of the Chamber of Commerce, Bill Norton,
addressed the Council on behalf of the Chamber asking
for financial help of the City and submitted the annual
budget for the Chamber. The matter will be taken under
advisement.
XI ORAL COMMUNICATIONS
None
XII ADJOURNMENT
Moved by Councilman Benetti that the meeting be adjourned;
Seconded by Councilman Jewett at 10:45 P.M. December 19, 1960.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi.
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
APPROVED:
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Mayor, C of Cupertino
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