CC 02-21-61
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P. O. Box 597
AL 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 1961
Place:
Time:
10321 So, Saratoga-Sunnyvale Road
8:00 P.M.
I
SALUTE TO THE FLAG
II ROLL CALL
Councilmen Present;
Councilmen Absent: '
Staff Present:
Pelosi, Jewett, Salch, Benetti
Lazaneo
City Manager, City Clerk, City Attorney,
City Engineer
III MINUTES OF THE PREVIUUS MEETINGS: February 2, 6, 15, 1961.
Moved by Councilman Saich that the minutes of February 2, 6, and
15 be approved as submitted; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
IV
PUBLIC HEARINGS:
1. Hearing on Vacation of
City (Resolution 409).
and East Line of Lot 9
Certain Public Easements Within The
Easement Along South Line of Lot 10
of Tract 2527, La Cresta.
Moved by Councilman
onded by Councilman
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti that the hearing
Saich.
Benetti, Jewett, Saich,
None
Lazaneo
4-0
be closed; Sec-
Pelosi
Moved by Councilman Saich that the City Attorney be instructed
to prepare a resolution vacating the subject easement; Sec-
onded by Councilman Benetti.
AYES: Councilmen: BeneÜi, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
2. R. Giuffrida: ApplicaLion to rezone 4k acres from R-3-H &
R-l:B-2 to C-l-H & R-3-H; 9881 north of Stevens Creek Blvd.
with 206' frontage on west side of Highway 9. Recommended
by Planning Commission Resolution 36.
Don Bandley represented the applicant.
Moved by Councilman Saich that the hearing be closed; Secon-
ded by Councilman Jewett.
AYES: Counci lmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: Le-O
Moved by Councllman Saich that the City Attorney be author-
ized to prepare an ordinance rezoning the Giuffrida property,
designated #18z, as per application, first reading to be held
March 6, 1961; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
V ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. Ordinance 002D: Amending Ordinance 002 By Adding The Classif-
ication "Amusement Resort Zone". Second reading.
Changes were made
follows:
Section 2:1 ¡aj 2
Section 2:1
Section 2:1 ~ ~
by the City Council in Ordinance 002D as
add "with the exception of drive-in theater~
deleted
Deleted
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Section 2:1
Section 2:1
Section 4:1
(b) 3
(b) 4
deleted
delete the word "machine"
change the word "should" to "shall";
change 3 stories to 1 story; change
40 ft. to 16 ft.
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The Cíy Council then directed the ordinance back to the
Planning Commission for recommendation on the revised
ordinance.
B. Ordinance 161: Regulating The Operation, Registration,
Licensing, Purchasing, And Selling Of Bicycles Within The
City of Cupertino. Second reading.
Moved by Councilman Saich that full reading of Ordinance
161 be waived, the Ordinance to be read by title only; Sec-
onded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRTID: 4-0
Ordinance 161 read by title.
Moved by Counci lman Jewett that Ordinance 161 be enacted;
Seconded by Councilman Saich,
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
C. Ordinance 162: Annexation of Certain Uninhabited Territory
Known As Stevens Creek - 9. Second reading.
Moved by Councilman Jewett that full reading of Ordinance
162 be waived by unanimous consent, reading confined to
title only; Seconded by Councllman Benetti,
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
Ordinance 162 read by title only.
Moved by Councilman Benetti that Ordinance 162 be enacted,
An Ordinance Approving The Annexation of Certain Contiguous
Uninhabited Territory Designated "Stevens Creek - 9" To The
City Of Cupertino; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
D. Ordinance 002F: Amending Ordinance 002A, Redefinin~ Proced-
ures For A chitectural Approvals, Creating A City Architect-
ural Revie~ Board, etc. First reading.
First reading given, with the changes made at the previous
meeting.
E. Ordinance 165: Rezoning property of George Yamaoka from
A-2:B-4 to R-3-H and R-l; Lucille Avenue. First reading.
Re-scheduled for the agenda of March 6, 1961 in order to
check the map and descrition.
The City Manager was instructed to secure the working copy
of the map presented to the City Council by Yamaoka's rep-
resentative on January 18, 1961.
F. Ordinance 166: Regulating The Use of Firearms And Explo-
sives Within The City. First reading.
First reading given.
H.
Ordinance 167:
And Advertising
Thereof. First
Prohibiting
Matter, and
reading.
The Distribution of Hand Bills
Fixing Penalty For Violation
ry I" Ç
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A slight change was made.
First reading given.
G. Ordinance lOA: Amending Ordinance 10, Providing For Licen-
sing of Additional Businesses For Profit And Establishing
A Schedule of License Fees The~n. First reading.
First reading given.
1. Resolution 418: Approving Master Agreement For Expenditure
of Funds Allocated From The State Highway Fund To Cities.
Moved by Councilman Saich that Resolution 418 be adopted;
Seconded by Councilman Benetti.
AYES: Counc ilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRÆ D: 4-ü
VI PAYING BILLS
A. Resolutions 416 & 417
Moved by Councilman Saich that Resolution 416 be adopted;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen; None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
Moved by Councilman Benetti that Resolution 417 be adopted;
Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
VII PROTESTS AND WRITTEN COMMUNICATIONS
1. Owners of 4 homes on the south side of Kerwin Lane: re~uest-
ing City to re-zone their property from R-3-H to R-l.
The Mayor proposed that the City initiate the re-zoning as
requested and supply the proper maps and property descrip=
tions for consideration of the City Council.
2. Inter-City Council: Notice of next regular meeting which
will be hosted by the City of Sunnyvale on March 2 at
Sabella's. Dinner at 7:30 P.M.
3. Monta V:'sta residents: copy of letter to W. L. Hubbard,
Board of Supervisors, relative to previous visit and dis-
cussion in connection with the several uses of Mt. View-
Stevens Creek Road. Petitioners seek date for next meeting.
4. Harold M. Johnson: Letter tendering resignation from Rec-
reation Commission.
5. Louis D. Segal, Chairman, Homeowners AssocRtion of Idlewild
Greens: copy of letter to Planning Commission seeking de-
lay of Planning Commission vote on re-zoning applications
of Craft, Leonard, & Lester.
Moved by Councilman
and filed; Seconded
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti that the letters
by Councilman Saich.
Benetti, Jewett, Saich,
None
Lazaneo
~-O
be received
Pelosi
MIII REPORT OF OFFICERS AND COMMISSIONERS
A. Report of Road Commissioner
Councilman Saich asked the status of the proposed easements
and dedicàions along Highway 9. He also requested that the
painting of Stop markings at the street intersections be
expedited.
B. Report of Poliæ and Fire Chief (City Manager)
The City Manager read the monthly report of the Central Fire
District; 2 responses were listed.
C. Report of Recreation Commiss:'-Oner
1. Councilman Benetti requested authority to purchase
254
10 mulberry trees and 43 pyracantha bushes, cost - $116.13,
to plant along the outside of Collins School ballfield fence.
The Chamber of Commerce will plant the shrubbery.
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Discussion followed on the proper
planting with respect to the exact
ening, et.
lmation for the proposed
right of way, future wid-
Councilman Benetti said that exact details will have to be
determined as yet, but he would like authority to proceed
subject to practicality.
Moved by Councllman Jewett that, if plans can be worked
out, the City appropriate the sum of $116.13 for planting
trees and shrubs as requested along the fence of Collins
School field, to be requisitioned by the City Manager;
Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
Councilman Benetti advised that the price quoted refers to
Cupertno Nursery and that the bare root plants proposed
will be available only 10 days to 2 weeks longer.
2. A. Mrs. Johnson has submitted a written request to Mr.
Benetti relative to the initiation of a dancing course at
the Community Youth Center at the southeast corner of Mari-
ani and Vista. She proposes to charge 50¢ per lesson and
seeks the endorsement of the Clty Recreation Commission as
well as use of the public building.
The City Attorney was given the question so as to check tœ
legality and similar ramifications.
3. Councilman Benetti reported that the Youth Center has
been opened to local teen-agers on Saturday nights and the
program has drawn a good turn-out.
D. Report of City Treasurer
No report.
E. Report of Public Health and Safety Commissioner
Councilman Lazaneo absent.
F. Report of City Manager
1. Mr. Storm reported that a $20 million program is planned
for the first year of the $70 million County Trafficways Bond
Plan, While Cupertino has no express-ways within its limits
the County Trafficways Committee is discussing the means of
implementing the program, including the possibility of having
the various City engineering staffs prepare plans and specs,
also including the possibility of engaging a consulting en-
gineer through open bid.
J. P. Sinclair, Assistant State Highway Engineer, has tenta-
tively agreed to let the County use State RôW agents for
acquisition purposes, as~ming they are available. The Coun-
ty Taxpayors Association has already endorsed the program.
Present proposal is to break the contracts down to 1/2 mil-
lion to 1 million dollar jobs. Brochures on the program
are expected to be ready for the public in about 10 days.
2. The City Manager reported that the Collins School field
facilities have cost $40.19 more than the previous estimate
of $1240.00. The additional charge is due to the installa-
tion of two 3 ft. back-stop wings.
Moved by Councilman Benetti that the City Manager
orized to spend an additional $40.19; Seconded by
man Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
be auth-
Council-
Benetti,
None
Lazaneo
4-0
Jewett, Saich, Pelos:,
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3. In preparing the maps of the subdivision property be-
, tween Calabazas Creek and East Estates Drive on the south
side or S evens Creek Blvd. the builder) Rousseau) has some
objections to the plans of the City Engineer relative to
the traffic engineering.
The Mayor requested that the subject be placed on the March
6 agenda.
4. Jack Lyddon wants the City to pay the $321.80, which
the City has agreed to rebate to Lyddon, to Mark Thomas,
The City disagrees and has taken the position that this
refund is due to Lyddon directly and not to Mark Thomas,
which is settling another account with Lyddon, Also this
rambursement will not be forth-coming until the proper ded-
ication is in the hands of the City.
5. City Manager raised the question of spending acquisition
and construction funds monies belonging to the Water Depart-
ment for the purpose of developing a master water plan,
The City Attorney advised that he could see no objection
providing the fi scal agent is in agreement. The Ci ty Coun-
cil requested a letter of confirmation from the fiscal agent,
Banlc of America - 300 Montgomery Street, San Francisco, to
be sent to the Water Commission verifying the propriety of
the expenditure of acquisition and construction funds for
such a master plan for the Water Works.
6. Moved by Councilman Benetti that February 22 be de dared
a legal holiday; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
G. Report of City Attorney
1. Resolution 419 was introduced by the City Attorney,
Councilman Benetti moved that Resolution 419 be adopted, A
Resolution Ordering Vacation of Certain Public Easements
Within The City (That Certain Public Utility Easement Along
The South Line of Lot 10 And TœEast Line of Lot 9, Tract
2527, La Cresta); Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: iI-o
2. The City Attorney distributed a memo on the 90 day limit
on Planning Commission recommendations. Ordinance 002A (Re-
vised) which repealed Ordinance 002A does not contain a 90
day limit clause and so there is no 90 day limit in effect.
3. The City Attorney distributed copies of Ordinance 169
and read the Ordinance. Discussion followed and the phrase
"toy gun or revolver, cap or cartridge" were deleted. Ref-
erence to particular day was also deleted and in its place
was added celebrations of any kirq with the exceptions of
caps and cap pistols.
Councilman Saich expressed objection to the Ordinance.
Moved by Councllman Jewett that Ordinance 169 be enacted
as an urgency ordinance; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett Pelosi
NAYS: Councilmen: Saich
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 3-1
H. Report of Planning C~)mmission
See minutes of February 13; also agenda of February 21, 1961.
I. Report of City Engineer
(See City Engineer's Report, February 21, 1961)
1. The City Engineer explained that the site improvement
plans for the Swanson property northeast corner Vista and
Stevens Creek Blvd. will not be signed until plans show the
means and method of storm drainage for the balance of the
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256
property not now being developed. However, he would rec-
ommend adoption of Resolution 420.
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Moved by Councilman Benetti that Resolution 420 be adopted,
Authorizing The Execution of An Agreement By The Mayor And
The City Clerk; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: L~-O
2. Sandard Specifications for City of Cupertino scheduled
for agenda of March 6, 1961.
3. Junipero Serra Freeway Crossings - see aforementioned
report.
IX UNFINISHED BUSINESS
A. Civil Defense Plan
1. Thomas Burrascano, Civil Defense Driector, reported
that he has 4 names which he would like to submit to the
City Council for confirmation as members of the Cupertin 0
Disaster Council.
He said he has completed, in conjunction with the school
district, a civil defense plan encompassing the schools in
the Cupertino Elementary School District for use as welfare
stations, mass care stations and first aid stations. The
district is divided into three parts: 1) west of the rail-
road tracks (Monta Vista, Lincoln, and Stevens Creek Schools);
2) north of Stevens Creek Blvd. and east of the tracks (Gar-
den Gate, Collins, and Cupertino Schools); and 3) south of
Stevens Creek B'vd. and east of the tracks.
Mr. Burrascano explained that the Cupertino Civil Defense
Plan provides for areas beyond the City limits. A bell and
lights system is being installed in each of the district
schools with funds comprised of school district money matched
by federal government grants.
Moved by Councllman Saich that appointment of Dr. Sherwood,
George Perkins, William Ruttan, Alf Nadine be made at the
Cupertino Disaster Council; Seconded by Councilman Benetti.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
2. Mr. Burrascano requested that the City appropriate money
to purchase 30 or 40 first aid books at $1.00 percopy for
training purposes.
Moved by Councilman Benetti that the Clty approve the expend-
iture of $50.00 for first aid books to be stored in the City
Hall; Seconded by Councilman Saich.
AYES: Councilmen: Benetti, Jewett, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: Lazaneo
MOTION CARRIED: 4-0
3. American Legion will notify Mr. Burrascaon of 15 people
who will train as an auxiliary fire fighting force.
B. Chamber of Commerce Budget
Tœ Council requested copies of a Chamber of 60mmerce list
showing current membership and annual dues and other sources
of revenue.
Moed by Councilman Benetti that appropriation of $1,000.00
be made to the Cupertino Chamber of Commerce, the Chamber to
indicate precisely how the money is to be spent, namely as
outlined in the letter of February 2; Seconded by Council-
man Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti,
None
Lazaneo
4-0
Jewett, Saich, Pelosi
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The Mayor asked the City Manager to write the Chamber for
~urther in~ormation on their sources of revenue, hoping
for increased contributions by local members.
C. Miscellaneous
1. Finance meeting with Planning Commission.
Further information sought from Planning Commission.
X NEW BUSINESS
A. Miscellaneous
The Water Commission is expected to submit the name of a
prospective appointee to fill the vacancy on the Water
Commission.
XI ORAL COMMUNICATIONS
None
XII ADJOURNMENT
Meeting adjourned at 12:08;A. "M., February 22, 1961.
APPROVED:
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Mayor, 01 y
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Ci ty Clerk
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