CC 01-04-61
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P. O. Box 597
AL 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL ADJOURNED FROM JANUARY 3, 1961,
8:00 P.M. TO JANUARY 4, 1961, 8:00 P.M.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
JANUARY 4, 1961
Place: 10321 So. Saratoga-Sunnyvale Road
Time: 8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present:
Councilmen Absent:
Others Present:
Pelosi, Benetti, Jewett, Lazaneo, Saich
None
City Manager, City Clerk, Assistant City
Engineer
III MINUTES OF THE PREVIOUS MEETING: December 19, 1960.
Moved by Councilman Saich that the minutes be approved as
submitted; Seconded by Councilman Lazaneo. .
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IV ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. Ordinance 89A: Amendment of Sign Ordinance. Recommended
by Planning Commission. Second Reading. (Public Hearing
Notice) .
Moved by Councilman Benetti that full reading of Ordinance
89A be waived, reading be confined to title only; Sec-
onded by Councilman Jewett.
Motion and second withdrawn.
Moved by Councilman Saich that the public hearing be closed;
Seconded by Councilman Benetti.
Motion and second withdrawn.
The Mayor called for discussion from the floor or from
any parties interested in the public hearing. There were
none.
Moved by Councilman Saich that the public hearing be closed;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
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Moved by Councilman Benetti that full reading of Ordinance
89A be waived, reading to be confined to title only; Sec-
onded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo. Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
City Clerk read Ordinance 89A by title.
Moved by Councilman Benetti that Ordinance 89A be enacted,
An Ordinance of The City of Cupertino Amending Ordinance 89
And Providing For Summary Abatement of Illegal Signs; Sec-
onded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo. Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
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B. Ordinance 157: Rezoning property of Jack Mariani to R-l,
C-l-H, R-3-H; 52 acres. First Reading.
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First reading given.
C. Resolution 395: A Resolution of The City Council of The
City of Cupertino Requesting The Consent of The Cities
of San Jose, Los Altos, And Sunnyvale to The Annexation
of A "Road Strip" As Provided in Section 35304.5 of The
Government Code.
Resolution 395 was read.
Moved by Councilman Saich that Resolution 395 be adopted;
Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
V PAYING BILLS
A. Resolution 404
Moved by Councilman Benetti that Resolution 404 be adopted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VI PROTESTS AND WRITTEN COMMUNICATIONS
I. Ivan Meyerholz said his communication was not exactly a
protest but he wished to ask the Council to consider the
renaming of streets. Specifically he recommended the con-
tinuance of the name of Mariani Avenue. He briefed the
Council on the circumstances surrournKng the naming of that
street. The Mariani family dedicated the property for the
existing street and Mr. Meyerholz suggested that the Ciw
Council not rename the street to Merritt Drive as has been
contemplated.
The City Council thanked Mr. Meyerholz for his information
and assured him it would take the matter under advisement.
2. Governor: Notice of a Safety Conference at Los Angeles.
3. Racanelli & Duvaras: Appeal to City Council from decision
of Planning Commission on thir variance application.
Council set hearing for January 16, 1961.
4. George Yamaoka: Letter appealing Planning Commission de-
nial of his application for re-zoning to R-3-H, south side
of Lucille Avenue.
Council set hearing for January 16, 1961.
5. County Water Advisory Committee; Memorandum relative to
progress report of the Board of Engineers.
Memorandum referred to City Manager.
Moved by Councilman
received and filed;
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti that the communications be
Seconded by Councilman Lazaneo.
Benetti, Jewett, Lazaneo, Saich, Pelosi
None
None
5-0
VII REPORT OF OFFICERS AND COMMISSIONERS
A. Report of Road Commissioner
1. Councilman Saich, Cupertino representative to the
Trafficways Committee, reported that he has registered
an objection on behalf of the City to Trafficways fund
money, scheduled to be raised by the proposed bond
issue, being used or spent for roads and purposes
other than those scheduled by the Trafficways Committee.
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Moved by Councilman Saich that the City of Cupertino
go on record to the effect that the City Council is
opposed to Trafficways Committee money, as stated in
their schedule of appropriations in connection with
the bond issue, being spent for roads not included in
the appropriations; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Councilman Saich said that he did not want the prior-
ities established b the Trafficways Committee to be
disturbed.
2. The Road Committee of the Cupertino Chamber of Commerce
met Monday, January 2, 1961. At that time it was
decided to ask the State DiVËion of Highways for a full
clover leaf interchange at the junction of Sign Route
9 and Junipero Serra Freeway. Present design calls
for a diamond type interchange.
Mr. Perkins, Assistant City Engineer, posted both the
diamond interchange and the proposed clover leaf inter-
change on the board and e~ained the various uses and
routes which each would follow, the advantages and dis-
advantages. The Freeway will travel under existing
Highway 9.
The consensus of opinion that a clover leaf would be
prefereble.
January 12, 1961, 10:00 A.M. in San Francisco was
announced as the time and place for a meeting with
the Division of Highways' representatives on the free-
way subject.
B. Report of Pol1E and Fire Chief (City Manager)
No report.
C. Report of Recreation Commissioner
1. Councilman Benetti stated that the Recreation Comm-
ission would like Planning Commission action on t re
Recreation Commission report so that the Council can
then proceed wil:h the report.
2. Councilman Benetti reported that the Building Official
is working with the City Manager on the purchase of
equipment for Collins school field and playground.
D. Report of City Treasurer
No report.
E. Report of Public Health and Safety Commissioner
Councilman Lazaneo reported that he and the City Manager
are working on the preparation of an air pollution ordinance.
F. Report of City Manager
I. The City has received from the City of Sunnyvale that
City's resolution endorsing the exænsion of Mary Aven-
ue from Homestead Road to Stevens Creek Road, known
as Resolution #4355.
2. Bids have been requested for the installation of over-
head traffic signals at the intersection of Millr Av-
enue and Stevens Creek Blvd. No prices have been re-
turned as yet.
3. The school district has been contacted relative to the
pedestrian walkway between Tract 2527 and Stevens Creek
School. The builders, Messrs. Cook and Wilson have
also been contacted.
4. The City Manager reported that the next meeting of
the Inter-City Council will be January 5, 1961 at
Morgan Hill.
5. Next meeting of A.B.A.G. is scheduled for January 12,
1961 in Berkeley.
Council authorized the City Manager to attend on be-
half of the City after the conference with the Division
of Highways representatives.
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The Mayor called for futher discussions on the pedes-
trian easement between Tract 2527 and Stevens Creek
School.
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Mr. Cook said that their position is stated in their
letter dated December 22, 1960, the essence of which
is their intention to comply with the subdivision
agreement requiring the subdivider to construct or
cause to be constructed a 10 ft. concrete walkway.
The letter states that they are prepared to add an
additional 5~ ft. concrete to the existing walkway
and to construct a full new 10 ft. walkway from Cres-
ton Drive to Stevens Creek if that is the wish of
the City.
Dr. Nethery gave the City Council a verbal resume of
the school's position, referring to letters emanating
from his office. He said the school estimates of the
usage the walk will get indicates a need for 4~ ft.
of walk only, but they have no intention of inter-
fering with City Planning and will agree to 10 ft. of
pavement.
The matter was tabled so that the Councilmen could
personally view the site and the walkway.
G. Report of City Attorney
No report.
H. Report of Planning Commission
See Planning Commission minutes of December 27, 1960 and
Cl ty Counc il agenda dated January 3, 1961.
I. Report of City Engineer
1. Moved by Councilman Benetti that the City Engineer's
office be instructed that future subdivision agree-
ments provide that the underground water rights be
placed in the name of the City of Cupertino rather
than in the name of the water utility company; Sec-
onded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
It was determined that the Council had not previously
requested a resolution on the subject but had expressed
an opinion and referred the natter to the Planning Comm-
ission for their recommendation back to the Council.
The Planning Commission Chairman made a statement on
the subject for the record. The City Council requested
that the subject be referred again to the Planning Comm-
ission emphasizing that the City would take title only
to water rights located beneath subdivisions which are
under construction and not apply to existing wells or
agricultural water supply.
2. Storm Drainage Cost Study Report: Master Storm Drain
Plan. Postponed to a study session.
3. Moved by Councilman Lazaneo that Resolution 405 be
adopted, A Resolution of The City Council Authorizing
The Execution of An Agreement By The Mayor ånd The
City Clerk; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
The Resolution provides for an agreement between Wood-
son Capital Company and the City of Cupertino for the
construction of curb, gutter, sidewalks, street lights,
and pavement, dedication of real property for roadway
purposes and for payment of certain funds to the City
of Cupertino.
4. Moved by Councilman Saich that Resolution 406 be adopted;
A Resolution of The City Council Authorizing The Ex-
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ecution of An Agreement By The Mayor and The City Clerk;
Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
The Resolution provides for an agreement between J.. A.
Moreing and the City of Cupertino for the construction
of curb, gutter, sidewalk, street lights, and pavement,
dedication of real property for roadway purposes and
for payment of certain funds to the City of Cupertino.
5. Site clearance - St. Joseph's Church.
Councilmen Lazaneo stated that the City should ask
for dedication and the same type of agreement as pre-
vailed in the case of Cupertino Union Church.
Moved by Councilman Jewett that the City Manager de-
termine whether or not St. Joseph's Church has dedi-
cated up to the official plan line on Highway 9 and
if not, City will require dedication with improvements
at the same time as the adjoining property; also a re-
port on the status of the driveway on Stevens Creek Blvd.
wi th a report back to the City Counci 1; Seconded by
Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
6. Moved by Councilman Benetti that the City Engineer be
authorized to attend a meeting of the Division of High-
ways on January 12, 1961 in San Francisco; Seconded by
Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VIII UNFINISHED BUSINESS
A. Civil Defense - Plan
The City Manager reported that his office is preparing a
Civil Defense Plan.
B. Miscellaneous
I. Councilman Jewett asked that the City Manager clarify
the placement of the garbage cans with the scavenger
company. Councilman Benetti added a request that the
garbage company be less noisy. An additional point
from Councilman Jewett was that the garbage men keep
off the grass, particularly on frosty mornings.
2. Councilman Benetti asked that the Chamber of Commerce
budget request be placed on the agenda for further
discussion.
3. Councilman Benetti reported that the school district
office has asked him for a copy of the contract for
park and recreation purposes between the City and
Cupertino School District.
4. Councilman Jewett asked for an ordinance restricting
or prohibiting the distribution of leaflets, pamphlets,
shopping guides, etc., which are being thrown on to
the lawns and porches of local raidents without their
permission, resulting in papers being strewn along
the street. The City Manager said he would investigate.
IX NEW BUSINESS
A. Miscellaneous
I. Council authorized the City Manager to submit an ordi-
nance prohibiting the use of firearms, including pellet
guns and B.B. guns within the City limits.
2. Councilman Benetti inquired whether any word had been
received from the State Fire Marshall relative to the
banning of fireworks within the City Limits.
3. Cross-Valley Water Distribution S~stem Bond issue.
See City Manager report dated December 30, 1960, with
copy of Bruce Allen letter attached.
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X ORAL COMMUNICATIONS
None
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XI ADJOURNMENT
eeting adjourned at 11:30 P.M. to January 5, 1961 at 7:30 P.M.
m
APPROVED:
t-J.~ J1¿,~,
Mayor, yof Cupertino
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