CC 02-06-61
241
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 - FEBRUARY 6, 1961
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:
Pelosi, Benetti, Jewett, Lazaneo, Saich
None
City Manager, City Clerk, City Attorney,
City Engineer
III MINUTES OF THE PREVIOUS MEETINGS: January 16, 18, 19, 30, Ig6l.
Moved by Councilman Saich that the minutes of January 16, 18,
19 and 30 be approved with the following addition: January 30
minutes - add "the City of Cupertino has accepted the bid of
Outdoor Products Co. for certain recreational material and for
its installation, as per purchase order #314"; Seconded by Coun-
cilman Jewett.
AYES: Councilmen: Benetti. Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IV PUBLIC HEARINGS
I. Stevens Creek #9: Annexation hearing.
Consent of the Cities of Sunnyvale and Los Altos was submitted
in resolutlon form as required by the Government Code. The
City of San Jose, also located within three miles of the strip
annexation, has not as yet given its consent. The public hear-
ing was continued to the next meeting of the City Counci¡.
2. Paganini Appeal: Application to rezone 38 acres from R-3-H
& R-l:B-2 to C-l-H; south side Stevens Creek Blvd., midway
between Blaney and Calabazas Creek. Denied by Planning Com-
mission Resolution 34.
A. E. Jones represented the applicant. He stated that the plan
will be revised and posted a map indicating the new zoning dis-
tricts now required. He asked that the Council refer the appli-
cation back to the Planning Commission.
A letter from the Idlewild Homeowners Associaton objecting to
the applicatbn was read into the record. A letter from the
Cupertino Union School District was read, also raising object-
ion to the application.
Moved by Councilman Benetti that the above two communications
be received and filed; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saleh, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
City Attorney advised that the pertinent ordinance enables
the City Council to refer an appealed application back to the
Plannin g Commission if the application is materially revised.
The new map posted by Mr. Jones would, he said, reflect no
skating rink, no motel, and no cocktail lounge.
Moved by Councilman Jewett that the application be referred
back to the Planning Commission for reconsideration on advise
of the Planning Commission Vice-Chairman; Seconded by Council-
man Lazaneo.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich, Pelosi
Don Frolich, President of the Idlewild Homeowners Association,
submitted 446 signatures petitioning the City CJuncil to pre-
vent the subject rezoning in certain of its aspects.
24· ')
-...
Moved by Councilman Saich that the petition be received and
filed in the proceedings on appeal; Seconded by Councilman
Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
1-
~
~
Þ-<
W
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich,
Pelosi
V ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. Ordinance 002D: Amending Ordinance 002 By Adding The Class-
ification "Amusement Resort Zone~ Second reading.
Moved by Councilman Benetti that the second reading be post-
poned for two weeks, or until next meeting; Seconded by
Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich, Pelosi
Moved by Councilman Benetti that the City Council hold a
study session including for discussion the subject of Ordi-
nance 002D on February 15, 1961.
Motion withdrawn.
B. Ordinance 158: Approving ånnexation of Certain Uninhabited
Territory Designated "Stevens Creek - 8". Second reading.
Moved by CJuncilman Saich that full reading of Ordinance 158
be waived by unanimous consent, Ordinance to be read by title
only; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 158 read by title only.
Moved by Councilman Benetti that Ordinance 158 be enacted;
Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
C. Ordinance 159: Rezoning property of Anton & John Saich from
R-I:B-2 and R-3-H to C-I-H and R-3-H. Second reading.
Councilman Saich vacatæhis seat on the Council.
Moved by Councilman Jewett that full reading of Ordinance 159
be waived, the reading confined to title only; Seconded by
Councilman Lazaneo.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
4-0
Jewett, Lazaneo, Pelosi
Ordinance 159 was read by title.
Moved by Councilman Jewett that Ordinance 159 be enacted;
Seconded by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 4-0
Councilman Saich resumed his seat on the Council.
D. Ordinance l61: Regulating The Operation, Registration, Lic-
ensing, Purchasing, And Selling Of Bicycles Within The City
of Cupertino.
Ordinance l61 given first reading.
E. Resolution 412: A Resolution Accepting Grant Deeds From The
Woodson Capital Co.
243
Moved by Councilman Benetti that Resolution 412 be referred
to the City Attorney; Seconded by Councilman Jewett.
Motion and second withdrawn.
Moved by Councilman Lazaneo that Resolution 412 be referred
to the CiW Engineer; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
F. Resolution 413: A Resolution Giving Notice of Tœ Annexation
of Certain Uninhabited Territory, Designated "Bubb - 4".
Moved by Councüman Lazaneo that Resolution 413 be adopted, A
Resolution Giving Notice Of The Proposed Annexation Of Certain
Uninhabited Territory To Said City Describing Said Territory
And Designating It By The Name "Bubb - 4", Making Certain Find-
ings Respecting Said Proposal: And Giving Notice Of Time And
Place Said Council Will Hear Protests Thereto; Seconded by
Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich, Pelosi
G. Resolution 414: A Resolution Giving Notice Of The Annexation
Of Certain Uninhabited Terrtory, Designated "McClellan - 2".
Moved by Councüman Saich that Resolution 414 be adopted, Giv-
ing Notice Of The Proposed Annexation Of Certain Uninhabited
Territory To Said City, Describing Said Territory And Desig-
nating It By The Name "MC Clellan - 2", Making Certain Find-
ings Respecting Said Proposal: And Giving No ice of Time
And Place Said Council Will Hear Protests Thereto; Seconded
by Councilman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
H. Resolution 415: Resoluton Of The City Council Of The City Of
Cupertino Adopting Budget Proposal For Expenditue Of Funds
Allocated Under Section 2107.5 Of The Streets And Highways
Code.
Moved by Councilman Lazaneo that Resolution 415 be adopted;
Seconded by Councilmen Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VI PAYING BILLS
A. Resolutions 410 & 411
Moved by Councilman Saich that Resolution 410 be adopted;
Seconded by Counc~man Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Moved by Ccmncllman Benetti that Resolution 411 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
I. Hahn, Wise, & Barber, Inc.: Offer to supply planning serv-
ices needed by the City.
2. Sunnyvale Daily Standard: Letter requesting notification at
least 24 hours in advance of all regular, emergency, or spec-
ial meetings.
244
3.
Department of Public Health: Letter relative to the acqui-.
sition or incorporation of certain existing wells into Cup-
ertino Water Works.
County Trafficways Committee: Special notice: February 8
meeting postponed to March 8; also request to take afürma-
tive action regarding the acceptance of the report of the
Sub-committee of the County Trafficways Committee on addi-
tional revenue for road purposes. Cupertino resolution un-
der consideration.
County Boundary Commission: Annexation designated Scott
Lane - 9 to City of Santa Clara.
Paul Swanson: Request to post a performance bond in the
sum of $5,000.00 to guaranty completion of sidewalks and
electroliers on owner's property at northeast corner Stevens
Geek Road and Vista Way.
¡....
I-;¡
~
...
=
4.
5.
6.
Moved by Councilman Lazaneo that the City Manager secure
posting of the necessary faithful performance and labor and
materials bond, also the completion of such conditions as
were imposed by the City Council, plus enforcement by City
Engineer where indicated; Seconded by Councilman Saich.
Motion and second withdrawn.
The City Engineer stated that Paul Swanson has not signed
an agreement with the City, nor posted the bonds, nor depos-
ited checking and inspection fees.
Moved by Councilman Benetti that the communications be re-
ceived and filed; Seconded by CouncUman Lazaneo.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
*****************************
E. J. Small of the Planning Commission informed the City
Council that petitions are being circulated for street im-
provements in Felton Park subdivision. He asked that the
City take cognizance of the street conditions within that
subdivision.
*****************************
VIII REPORT OF OFFICERS AND COMMISSIONERS
A. Report of Road Commissioner
Relative to the County Trafficways program, Councilman Saich
advised that the Committee be notified that correspondance
will be issued from the City of Cupertino stating the City's
policy decision.
B. Report of Police and Fire Cheif (City Manager)
Mr. Storm read the fire report; no police report has been
compiled as yet this month.
C. Report of Recreation Commissioner
I. Councilman Benetti referred to the Planning Commission
minutes of January 23, 1961. He called for interpretation
of the Planning Commission motion recommending the City Rec-
reation Report. He stated that the motion seems to be two
independent ideas and that the recommendation of the Report
does not depend uponthe financial factor included in the
~otion. He questioned the Vice-Chairman of the Planning
~ommission, Mr. Small, who agreed that the consensus of the
Planning Commission was essentially as stated by Councilman
Benetti.
2. Councilman Benetti said he would like to express public-
ly his appreciation for the fine publicity given to the City
Recreation program by the Cupertino Courier.
3. Councilman Benetti reported that the equipment has been
ordered for Collins School payground per instructions of the
Ci ty CounciL
4. Councilmen Benetti also reported that the Recreation
Committee meets February 7 with the Cupertino School Board
to discuss the Recreation program.
245
D. Report of City Treasurer
Councilman Jewett referred to the monthly report of the
Building Inspector and noted that the fees for the month
of January showed an increase over those of the previous
month. He also referred to the se~annual financial re-
port of the City.
E. Report of Public Health and Safety Commissioner
No report.
F. Report of City Manager
I. The letter from the office of State Fire Marshall con-
cerning enactment and enforcement of a prohibitory fireworks
ordinance was read. It was referred to the adjourned meeting
of the City Council.
Moved by Councilmen Benetti that the letter be received and
filed; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
2. The Unified County Water Plan, dated February, 1961, of
the Santa Clara County Flood Control and Water Conservation
District was referred to the adjourned meeting of the City
Council on February 15, 1961.
G. Report of City Attorney
I. An ordinance creating a new architectural and site con-
trol committee has been prepared and will be submitted for
Council consideration at the adjourned meeting February 15.
The City Attorney advised that it will not be necessary to
refer this ordinance to the Planning Commission for public
hearings, but he recommended that the ordinance be accorded
the two standard hearings before the City Council rather
than enactment as an emergency measure. He further advised
that the Board of Su~rvisors has formed an architectural
and site control committee of somewhat different composition
than the existing Cupertino Committee.
2. The City Attorney reported that he is in the possession
of first drafts of the following ordinances:
(a) An ordinance prohibiting the distribution of hand bills
and advertising matter and fixing the penalty thereof.
(b) Ordinance lOA providing for licensing of additional bus-
inesses and establishing a schedule of license fees thereon.
(distribution of hand bills).
(c) An ordinance regulating the use of firearms and explosives
within the City.
H. Report of Planning Commission
See minutes of January 23, 1961, also agenda of February 6, 1961.
I. Report of City Engineer
No written report.
IX UNFINISHED BUSINESS
A. Civil Defense Plan
In progress.
B. Chamber of Commerce Budget
Moved by Councilmen Lazaneo that the Chamber of Commerce letter
on the subject be received and filed with copies sent to Coun-
cilmen; Seconded by Councliman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Counc ilmen: None
MOTION CARRIED: 5-0
X NEW BUSINESS
A. John Rodrigues: Offer to dedicate half street; northwest
corner of Homestead and Highway 9.
Rodrigues' letter of transmittal was read.
Moved by Councilman Lazaneo that the letter be recieved and
filed; Seconded by Councilman Benetti.
246
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councïmen:
MOTION CARRIED:
Benetti, Jewett, Lazaneb, Saich, Pelosi
None
None
5-0
'-"
I-;¡
~
i-
tJe
Mr. Rodrigues explained his request. He urged that the City
accept the dedication of the half street on the basis that
it would improve the traffic circulation plan, especially
with reference to the adjoining commercial area to be dev=
eloped in the future. He also maintained that it would be
beneficial to the existing storm drain problem in that storm
ctrain facilities could be located in the proposed street.
Pötential sales tax was also mentioned as reason for approving
such a street.
The Cupertino Planning Commission recommended to the City
Council that the subject street dedication be accepted and
the proposed street pattern be approved.
Moved by Councilman Lazaneo that the recommendation of the
Planning Commission be accepted, that the dedication of the
half street as shown on plans submitted by John Rodrigues
be accepted by the City with the provision that the property
interests of Andrew Persha be quitclaimed to the City, sub-
ject to approval of the subject map by the C:J.ty of Sunnyvale;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
B. Miscellaneous
I. Barricading Old Stevens Creek Road.
The County Traffic Engineer has submitted a sketch show-
ing the proposed detour along Old Stevens Creek Road re-
quiring traffic to travel Crescent Road to reach Stevens
Creek Road rather than permit direct access to Stevens
Creek Road through Old Stevens Creek Road as at present.
The detour would cut off a few hundred feet of the road.
The Council marked the matter for future study.
2. Contracts are being prepared for the water main easement
to Cook & Wilson property, a 16~ main from the vicinity
from Pharlap Drive across Stevens Creek to the Cook &
Wilson subdi visi on.
3. The Mayor called attention to the contract submitted to
the City of Cupertino and to the fact that San Jose has
failed to execute the agreement. The Council advised
the City Manager to contact the City of San J6se and as-
certain the status of the boundary anà storm drain agreement.
4. With respect to the Planning Commission letter asking for
a financial meeting, Council referred the action to the
adjourned meeting of February 15.
XI ORAL COMMUNICATIONS
See above (page 4, end of item VII) re Mr. Small.
XII ADJOURNMENT
Meeting adjourned at 11:55 P.M. to February 15, 1961, at 7:30 P.M.
on motion by Councilman Lazaneo; Seconded by Councilman Jewett.
Unanimously carried.
APPROVED:
tJ· (,)
1-- ;ø ¡f ,
¿h'.I.,,,,., . ¡it'IA
Mayor, é.n' of Cu:¡:e rtino
p~~ .L(. ~
Jl~y Clerk