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CC 01-05-59 P. O. Box 597 Al 2-4505 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL JANUARY 5, 1959 Place: 10031 Saratoga-Sunnyvale Road Time: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Lazaneo, Nathanson, Pelosi, Saich, Wilson Councilmen Absent: None III MINUTES OF THE PREVIOUS MEETING OF DECEMBER 15, 1958, were approved. IV ORAL COMMUNICATIONS None V PROTESTS AND WRITTEN COMMUNICATIONS 1. League of California Cities: Next meeting of Peninsula Division is January 22 in Los Gatos. 2. State Board of Equalization: Sales tax collected for Cupertino, 10/7/58 to 11/7/58 totals $5,803.36. 3. State Board of Equalization: Fourth quarter distri- bution of sales tax equals $8,020.00 - Cupertino share. 4. PUC: The 22t inch clearance provision of General Order No. 95 shall not be held to apply to communication conductors provided certain conditions are met. 5. P. G. & E.: Contract for use of utility pole to serve traffic signal at Miller Avenue and Stevens Creek Boulevard. Referred to City Attorney. 6. Division of Highways: State requests name of City right- of-way agent, if any. The Mayor instructed Mr. Fleming to inquire whether details of the proposed meeting of Right-of-Way Officials will be made public via a report; Mr. Fleming is also instructed to complete the questionaire. VI REPORT OF OFFICERS AND COMMISSION A. Attorney's Report 1. Alves Water System No report; postponed until next meeting. 2. Mr. Anderson was absent but the Mayor relayed the following: A resolution is suggested appointing Anthony Pelosi City Treasurer and bonding him in the sum of $25,000. The same amount will then be applicable to the City Clerk. He suggests that no consideration be accorded the Kyne and Cummings application presently on the Planning Commission Agenda until a performance bond is posted guaran- teeing certain commitments made to LID 2. 3. Suit will be filed against San Jose Annexation "Stelling No.2" Thursday, January 8. Moved by Councilman Saich that Anthony J. Pelosi be appointed City Treasurer and bonded in the sum of $25,000; second by Councilman Wilson and carried 5 - O. Moved by Councilman Wilson that the City Attorney be authorized to bring suit against the City of San Jose in the matter of Stelling 2 Annex- ation since the procedure followed does not subscribe to the law which prohibits the inclusion, within one - 2 - year, of property located within a defeated or abandoned annexation; also that the City Attorney be allowed to associate with George Olsehausen in the case, the amount to be as stated in the letter; second by Councilman Saich and carried 5 - O. B. Report of Road Commissioner 1. Councilman Saich was assured by the City Engineer that his signature was necessary to final acceptance of the street repair by the Sanitary District. 2. Flood Relief checks are expected shortly; some money is due immediately, other funds will be forth- coming when the City presents plans for repair of storm caused street damage. C. Report of Police and Fire Chief 1. Fire Marshal: Inspection of Collins School has disclosed certain features which do not subscribe to the State Health and Safety Code. 2. Fire Marshal: Inspection of the Associated gas station has disclosed deficiencies from the stand- point of the County Fire Prevention Code. 3. Fire Marshal: Report of fire in Mandella's Restaurant, 12/13/58, 9:33 P.M. 4. Fire Marshal: Inspection of Garden Gate School disclosed several deficiencies which must be corrected in accord with the State Health and Safety Code. D. Planning Commission Report Meeting of December 22 cancelled due to absence of four members; no business transpired. E. Report of City Engineer 1. Letter requesting payment of ~5,908.50 in accordance with the contract between the City of Cupertino and Oscar C. Holmes, Inc. for the construction of the East Estates box culvert which is complete with the exception of a few details. 2. Blaney Avenue culvert will be constructed next, both structures to be paid from the off-tract storm drainage fund. 3. William Benevich will accept the position of building inspector, offered by the City Council providing he can begin on March 1 instead of February 1. Meanwhile, stationery, files and desks will be purchased. The Council, after some dis- cussion, agreed that ~~rch 1 is satisfactory on the assumption that the office of Building Inspection be in working order by that date. Discussion followed concerning the adoption of the uniform building and other codes necessary to authorize the inspection contemplated by the new department. The Mayor instructed that a letter be addressed to Mr. Benevich, appointing him building inspector, effective March 1, requesting written consent thereof and requiring the preliminary work to be accomplished beforehand. 4. Cupertino Annexation McClellan lA was approved by the Boundaries Commission, Mr. Fleming report~d. Resolution 1.1) "Giving notice of the proposed annexation of certain uninhabited territory desig- nated McClellan lA . . . describing said territory and . . . giving notice of time and place . . . Council will hear protests thereto." Was introduced and read. Councilman Saich moved adoption, seconded by Councilman Pelosi, carried 5 - o. - :3 - H. Report of Recreation Commissioner Councilman Pelosi said he has made arrangements to pick a director of physical education. Use of Collins School has been accorded for Saturdays - to start when a superv1sor has been appointed and the program gets under way. The City will need to procure some athletic equipment. Report of Health Commissioner - Smo~ Control Councilman Lazaneo referred to the speaking engage- ment of Mr. Linsky, Executive Officer of the Air Pollution District, scheduled for Wednesday, l2:00 noon, January 14 at Mandella's. Additional pub11city to increase the attendance was requested, Miscellaneous The Mayor requested that costs of public official bonds be determined, as to amount, extent and length of coverage. F, G. VII UNFINISHED BUSINESS A. Ordinances and Resolutions for Adoption I, Ordinance No. 74 - Amending Section 1 Of Ordinance 2 By Reclassifying A Certain Portion Of The City - Kensal Construction Subdivision. First reading held, 2. Resolution 112 - Giving Notice Of The Proposed Annexation Of Certain Uninhabited Terr1tory And Designating It Blaney 3 And Giving Notice Of Time And Place Council Will Hear Protests Thereto, Moved by Councilman Pelosi that Resolution 112 be adopted; second by Counc llman Lazaneo and carr1ed 5 - O. B. Street Lighting District The file containing the resolutions, lighting schedules, descr1ption and map of the district was shown to the Council. A check of the past minutes was requested to determine what action had been taken, if any. C. Miscellaneous 1. Moved by Councilman Pelos1 that the City clarify its multiple family zoning policy at a meeting oalled for 8:00 P.M., January 8; second by Councilman Lazaneo and carried 5 - 0, 2. Moved by Councilman Lazaneo that a testimonial dinner be held for R. Ivan Meyerholz, at a date to be determined later; seconded by Counc11man Pelosi and carried 5 - o. VIII NEW BUSINESS None IX PAYING BILLS Moved by Councilman Saich that warrants 570-595 be approved; seconded by Councilman Lazaneo and carried 5 - o. )( ADJOURNMENT - 10:35 P.M. __________~____M_·_____ - 4 - ADJOURNED REGUL,~R MEETING OF THE CITY COUNCIL, HELD JhNUáRY 8 and attended by the P13nnlng Commission I Councilmen Present: Lazaneo, Nathanson, Pelosi, Saich, Wilson Councilmen Absent: None II Resolution No. 114 was read - "11 resolution of the City Council of the City of Cupertino, authorizing the Mayor to sign as an authorized officer on any matters connected with litigation against the City of San Jose." Councilman Saich moved adoption, seconded by Councilman Pelosi and carried 5 - O. III The street lighting question was named for the next agenda. R spectfully submitted, ~ ,~. ((tw..£ LhWRENCE K. MARTIN Administrator-Clerk