CC 07-17-61
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P. O. BOX 597
At 2-4505
C I T Y 0 Feu PER TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - July 17, 1961
Place: 10321 So. Saratoga-Sunnyvale Road
Time: 8:00 P.M.
, I SALUTE TO THE FLAG
II
ROLL CALL:
Councilmen Present: Benetti, Jewett, Pelosi, Safch
and Lazaneo
Councilmen AD sent:
None
City Manager, City Engineer
and City Clerk
III MINUTES OF THE PREVIOUS MEETINGS: July 3, 5, 1961
Staff Present:
Moved by Counc~lman Saich, seconded by Councilman Jewett, that
the Council approve the minutes of July 3 and 5, 1961 as submitted.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Counci lmen:
MOTION CARRIED:
IV PUBLIC HEARINGS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
A. Annexation HearinR: Stevens Creek #11 - 71 acres along
SteV'ens Creel<,
The Mayor declared the hearing open and aslced for protests,
Clifford Simms arose to protest the inclusion of 15.9 acres
o~med by him within Stevens Creek #11. The City Clerk advised that
Mr. Simms had submitted a written protest on behalf of the same
15.9 acres and further that the assessed valuation of the acreage
for which the J2rotest was submitted equals $14,920.00 out of a
total of $58,660,00 shown on the last ~qualized assessment roll
as the assessed valuation of the land and improvements within
Stevens Creek #11.
Mr, Simms asked why t¡,/o acres owned by Stella Betti was in-
cluded without the balance of the property. The answer was that
the remainder of the Betti property is already in the City via
another annexation.
Since no protests amounting to one-half of the value of the
property was submitted, Councilman Saich moved that the hearing
be closed. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Ordinance No. 182 GiV'en first reading,
B. Stella Gertson: Applicat~on to rezone Lots 74, 77, 78, 79
Map ot ~onta Vista Park from R-l:B-2 to C-l-H; Lots 52, 53, 54,
Be sLfA, Map of Los Palmas from R-l:B-2 to C-l-H, 17.5 acres east
of Stevens Creek Canyon Road from A-2:B-4 to AR. Recommended
by Planning Commission Resolution 56.
The Mayor declared the hearing open and aslæd for opinions
from the floor.
Ernest J. Hine, 10327 Westacres Drive, Cupertino, read a
statement of objection to the application largely due to the loca-
tion of the subject application, including a tavern, with respect
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to schools. The Mayor asked Mr. Hine to file a copy of his state-
ment with the City Clerk. Mr, Hine agreed to do this,
Mrs. Hernigan, 865 Lily, San Jose, one of the signers of the
statement presented by Mr. Hine, also lodged a veròal protest,
Stella Gertson stated that all of the premises under her
contl~l would be operated in accordance with existing codes and
regulations.
Councilman Benetti inquired whether the tavern would be
located in the AR zone.
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Mrs. Gertson stated that this was not her present intention with
the possible exception that a òanquet hall might be included and
would serve alcoholic òeverages. She stated that the existing
tavern is being renovated and reconditioned and that the building
will meet the Uniform Code,
The Mayor stated for the record that he has lived in Cupertino
for 35 years and has never observed nor heard anything with respect
to Stella's Tavern which would be detrimental to the neighborhood
youth or school children.
Councilman Pelosi also said that he has never once seen or
heard of anything out of order in connection With Stella's Tavern.
However. he said the State of California has established an
Alcoholic Beverage Control agency which polices and regulates
liquor licenses and establishments dealing in alcoholic beverages.
Moved by Councilman Pelosi that the hearing be closed.
Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett, Pelosi. Saich and Lazaneo
None
None
5-0
Moved by Councilman Jewett that the City Attorney be instructed
to prepare an ordinance rezoning the property of Stella Gertson per
application and per Planning Commission Resolution 56. Seconded by
Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
C. Earl Sorenson: Application to rezone Ill' x 215' on the
south side of Homestead Road, 213' east of Blaney from A-2:B-4 to
R-3-H. Recommended by Planning Commission Resolution 57.
No protests were made. The City Council asked about the
location of the property with respect to P.G.& E. Co., Puritan
Preserves, Homestead Road and surrounding uses. The applicant
intends to build a duplex on the property allowing the existing
home to remain.
Moved by Councilman Saich that the hearing be closed.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi. Saich and Lazaneo
None
None
5-0
Moved by Councilman Saich that the City Attorney be instructed
to prepare an ordinance rezoning the Earl Sorenson property per
application and per Planning Commission Resolution 57. Seconded by
Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
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D. Toro Development Co.: Application for Variance to allow
a sign of 240 sq. ft. at elevation of 30 ft. where ordinance per-
mits sign of 150 sq. ft. at height of 20 feet. Recommended by
Planning Commission Resolution 58.
The Mayor called on the Chairman of the Plaru1ing Commission
to brief the City Council on the proposed sign. Mr. Small reviewed
the application with reference to its design, need, etc. No
protests were made. The Planning Commission resolution provided
that the base of the sign be widened and planters installed.
Councilman Pelosi proposed for discussion an amendment to the
ordinance which would avoid variance applications such as the present
instance. Through the Chair, he called on the City Manager for an
opinion. The City Manager agreed that the sign ordinance is
quite restrictive and could well be amended to avoid the necessity
for such hearings.
Councilman Pelosi moved that the hearing be closed. Seconded
by Councilman Jewett.
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Councilman Benetti stated that the ordinance was intentionally
made tight and restrictive. On the same grounds as given on behalf
of the ordinance when adopted, he moved that the application be
denied. Motion died for lack of a second.
Moved by Councilman Saich that the application of Toro Develop-
ment Company for a variance be approved as per Planning Commission
Resolution 58. Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Pelosi, Saich and Lazaneo
Benetti
None
4-1
Councilman Pelosi moved that discussion of Ordinance 89 be
scheduled by the Planning Commission with a report to the City
Council on the feasibility of a change in Ordinance 89. Seconded
by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
E. Louis A. Paganini: Application to rezone Stevens Creek Road
frontage, south side, from R-3-H and R-I:B-2 to C-I-H to a depth
of 500 ft; between Blaney and East Estates Drive. Recommended
by Planning Commission Resolution 51.
Arnold Berwick represented the applicant. He briefly des~
cribed the map which was posted on the board. Further discussion
arose about the feasibility of further deliberation on the applica-
tion and/or sending the application back to the Planning Commission.
The Mayor said he did not think any further action by the
Planning Commission was necessary nor any Planning Commission
opinion subsequent to the adoption of Planning Commission Resolu-
tion 51, nor did he thin!c that the Commission should give or be
asked to give reasons for their recommendation or vote cast.
Councilman Benetti said he is asking for information which
would assist him in voting; he is not seeking to question the
Planning Commission for any other purpose. However, he said that
the applicant owns considerable property to the rear, (south) of
the instant application and substantial questions exist in his
mind about the proper zoning therefor. Due to traffic pattern
questions and the unknown quantity zoned to the rear, he suggested
that the application be referred back to the Planning Commission.
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Arnold Berwick said that the back portion will take rea.l
serious planning, and furthermore, that poor planning is no good
for the applicant or the City. He contended that the front part
to a depth or 500 reet ~s c~ear~y a eommeroia~ zone, but ao-
knowledged that the future City Planner should be involved in the
back portion.
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Councilman Jewett asked why the applicant asked for 500 feet
of commercial when the adjoining zone is 400 feet commercial.
Mr. Berwiok answered that 500 feet is the distance recommended
by the Planning Commission which is the primary reason, and
secondly that he haß observed no fixed zoning line along Stevens
Creek Boulevard.
Councilman Pelosi agreed that other parcels have been zoned
deeper than 400 feet along Stevens Creek Boulevard.
The Chairman of the Planning Commission, E. J. Small. reviewed
the hearings~ including the original application which comprised
the entire 3ö acres and called for apartment zoning all the way to
Regnart Creek. Numerous changes were made in the application
through the course of several study sessions and several public
hearings. The original application by Paganini himself would have
resulted in 200 families using Price Avenue for ingress and egress,
thus routing considerable traffic past a K-6 school. The only
alternative to the use of Price Avenue would be through the
middle of the shopping center itself and directly onto Stevens
Creelc Boulevard. The swn total of the traffic pattern was viewed
by the Planning Commission as considerably less than adequate.
Mr. Small said that the proper depth of C-I-H along Stevens
Creek Boulevard was a moot question. Adding that some mild
objections were presented to 500 feet of commercial by Idlewild
residents on the grounds that expansion of the 400 foot zone is
unsatisfactory. The petitioners against the initial application.
reiterated verbally against the original Paganini application.
were not directed specifically against the 500 foot C-I-H zone
although no one from Idlewild expressed any need for such a
shopping center. He reviewed the fact that the recommendation
~resently before the City Council was based on a split vote
ll"no"). No plans \~ere suümitted.
He said further that it is not the fault of the Paganinis that
the City grew around them. placing them in a somewhat difficult
position. The 500 foot zone is a compromise. He also said that
Stevens Creek Boulevard is destined to commercial.
Moved by Councilman Pelosi that the public hearing be closed.
Seconded by Councilman Benetti.
Councilman Benetti asJced the City Clerk if the application
has been tabled by the City Council. The answer was that the
application has besn published, noticed and recommended by the
Planning Commission and published and noticed for and on behalf of
the City Council. The application was aQvertised for hearing
on June 5, 1961 by the City Council. The Cupertino Courier
carried the ad and the property was posted in three places. How-
ever, the applicant. in writing, requested postponement of the
hearing to June 19. then July 3. then July 17. In each case the
City Council postponed the hearing as requested.
Discussion arose about procedure, that is, would it close
discussion to close the hearing and move the preparation of an
ordinance rezoning the property, which in turn would come before
the City Council for first and second readings.
Councilman Saich agreed that the rear part of the property is
very questionable from a rezoning standpoint, and also that it
might be advisable to see what the new Planning Consultant figures
on the property,
Councilman Pelosi said that all of the applications on the
agenda could be sent back to the Planning Commission if the
Paganini application could be returned,
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The Mayor called on the applicant, and Mr. Berwick stated
he would like to get action on the present matter.
Councilman Benetti repeated that he needs more information
and he has to find that the zoning request is causing a problem
behind the 500 foot area especially by proceeding without addi-
tional deliberation.
The Mayor maintained that there is no reason to send the
application back to the Planning Commission.
Councilman Jewett aslced if the Council could legally hold
up progress on the application. He asked whether there are more
than two choices, namely to pass or deny it. He said that
depending upon procedural rules, he tended to agree with Council-
man Saich that the application should go back to the Planning
Commission.
Councilman Pelosi stated that this is. in fact. a public
hearing just as listed on the agenda and that public hearings have
a speciric purpose namely to permit rull discussion by the public.
by the Council, by the applicant and by the starr, or the hearing
in question. He said further that he could distinguish no
objections to the application which is. at the moment. undergoing
public hearing.
Councilman Benetti said he doubted that passing the applica-
tion to first reading of an ordinance may not be the proper way to
get further discussion and that it may not be fair to the applicant.
He added that he could not possibly vote yes as the matter stood
because he has questions that have not been resolved.
The attorney, Mr. Berwick said he would try to answer any
such questions.
Councilman Benetti said he would like to lmow how the back
end of the property would develop.
Mr. Berwick answered that improvement plans and development
maps will be placed before the City Council when such development
is iminent on the back end of the property. It is not known what
will materialize in that area at the present time.
Mr. Paganini said that he is not able to ill1derstand the reason
for the doubt since he has reached agreement with the Planning
Commission on the property.
Councilman Pelosi withdrew his motion that the hearing be
closed. Councilman Benetti withdrew his second.
Moved by Councilman Pelosi that the City secure a legal
opinion on the purpose of public hearings as it specifically
applies to the Paganini application. Seconded by Councilman
Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett. Pelosi. Saich and Lazaneo
None
None
5-0
The City Clerk reviewed the hearing procedure with reference
to the ordinance requirements. In summary, he stated that the
ordinance did not specify that hearings must be republished when
and if the hearing is continued by the Planning Commission or City
Council. In some cases. the applicant requests a postponement
which is usually granted. The hearing is not then republished
due for the most part to the contents or the ordinance and the
limitations or money and time.
V ORDINANCES AND RESOLUTIONS FOR ADOPTION:
A. Ordinance 180: Rezoning property of R. Cali from A-2:B-4 to
R-l; 17 acres west side or Bubb Road, diagonally opposite Columbus.
Second Reading.
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Moved by Councilman Saich that full reading of Ordinance 180
be waived by unanimous consent, and reading confined to title only.
Seconded by Councilman Jewett.
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Ordinance read by title only.
Moved by Councilman Jewett that Ordinance 180 be enacted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
B. Ordinance 181: Rezoning property of Bubb Ranch Association
from A-2:B-4 to C-l-H; 6 acres, southeast corner Bubb and McClellan.
Second Reading.
Moved by Councilman Jewett that full reading of Ordinance 181
be waived by unanimous consent, and reading confined to title only,
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti. Jewett, Pelosi. Saich and Lazaneo
None
None
5-0
Ordinance 181 read by title only.
Moved by Councilman Benetti that Ordinance 181 be enacted.
Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
C. Ordinance 183: Rezoning property of Toro Development Co.,
Tract 2~60 from R-3-H to R-l; north of Merritt Drive. Urgency
ordinance.
Moved by Councilman Saich that Ordinance 183 òe enacted, pro-
viding a tree planting buffer be situated between the residential
lots and the Junipero Serra Freeway, subject to City administration.
Seconded by Councilman Benetti who offered the amendment that a
buffer zone be provided behind the zoned area of fast growing
coniferous trees to assure that the plantings serve as a screen
to the freeway on the north.
The amendment lapsed for lack of a second.
Discussion concerned the possibility of additional set-back
to accommodate the planting desired. It was decided to vote on
the motion as it stood.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich ~~d Lazaneo
None
None
5-0
Councilman Jewett said he agreed with Councilman Benetti
who previously stated he wished the buffering requirements would
be put into writing.
Councilman Benetti moved that the tree planting be done in
accordance with City administration, following the provisions of
the City tree ordinance. Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Pelosi, Saich and Lazaneo
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
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Councilman Pelosi asked the City Engineer to describe the
physical aspects of the freeway in order to consider properly the
buffering in question. To summarize, the City Engineer explained
that the right-of-way which would be 200-225 fest would leave
initially, space for further expansion to eight lanes. The free-
way pavement may eventually join the residential lots.
D. Resolution 471: A resolution of the City Council of the City
of Cupertino establishing a compensation plan for all employees in
the municipal service of the City of Cupertino for the discal year,
setting forth rules and regulations regarding the payment of
salaries, sick leaves, vacations, leaves of absence and other
regulations.
Moved by Councilman Jewett that Resolution 471 be adopted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
VI PAYING BILLS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
A. Resolutions 468 and 469.
Moved by Councilman Saich that Resolution 468 be adopted.
Seconded by Councilman Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Moved by Councilman Benetti that Resolution 469 be adopted.
Seconded by Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MDTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Moved by Councilman Benetti that Resolution 472 be enacted,
filling a vacancy on the City Planning Commission by appointing
Donald Frolich. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
The City Manager read the proposed salary schedule for the
1961-62 fiscal year, as follows:
City Clerk (Vortin)
Building Official (Benevich)
Btdlding Inspector (Busto)
Building Inspector (Mur~hy)
Secty. to City Manager lHile)
Secty. to City Clerk (Echwald)
Water Dept. Foreman (Dockins)
Water Dept. Mainten~1ce Man (Knotts)
Water Dept. Cashier (Weston)
City Attorney (Anderson)
(Includes Planning Commission and
secretarial allowance).
City Manager (Storm)
$676.00 per mo.
710.00 per mo.
613.00 per mo.
556.00 per mo.
376.00 per mo.
358.00 per mo.
584.00 per mo.
458.00 per mo.
376.00 per mo.
775.00 per mo.
1000.00 per year
Moved by Councilman Benetti that the salary schedule be
approved as submitted. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
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Moved by Councilman Benetti that all employees salaries be
increased for the last half of July only, in an amount equal to
one-halr or their monthly increase. Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
The City Council made arrangements to send four Councilmen
and a Planning Commissioner to the Peninsula Division meeting of
the League of California Cities, now saheduled for July 27, 1961
in San Mateo.
VII PROTESTS AND WRITTEN COMMUNICATIONS:
(1) Cupertino Variety Store: Application for firewor)cs permit,
JUly, 1962.
Councilman Pelosi moved that the City Manager write a letter
immediately to the Cupertino Variety Store inrorming the owner of
the fireworks ordinance, transmitting a copy to them, the same to
apply to any future inquiries or requests. Seconded by Councilman
Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi and Lazaneo
Sa:Lch
None
4-1
(2) Santa Clara County Planning Commission Board of Zoning
Adjustment: Agenda of July 19, 1961.
In the Cupertino-Monta Vista planning area, an application is
listed in the name of Axel Nielsen for a change from R-l:AB-2 to
R-24, south of Permamente Road between Brado Vista Drive and
Locl{Wood Drive.
Councilman Pelosi stated that zonings are transpiring in the
immediate area which are important to the future of the City of
Cupertino due to the annexation possibilities and likelihood of
City expansion. He named gas stations and apartment houses as
examples of rezonings. He proposed that the City Manager write
to the County in order to get advance information on such re-
zonings so that the City can anticipate and express a viewpoint.
The Mayor said the City Manager should represent the City
at such hearings and protest and take whatever position is
indicated by the City Council.
Moved by Councilman Saich that the City Manager contact
Karl Belser, Director of Planning, Santa Clara County so as to
arrange a meeting between the County Planning Department, the
Cupertino Planning Commission and the Cupertino City Council.
Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
The Mayor also pointed out that the Planning Commission has
proper jurisdiction and should meet with the County Planning De-
partment on planning matters rather than the City Council.
Councilman Pelosi felt that the City Council should
participate. Councilman Benetti agreed with Councilman Pelosi.
Councilman Jewett submitted ~hat it is a Planning Commission
function and they should make SUCh recommendations as they see fit
to the City Council.
Councilman Pelosi moved that the Planning Commission arrange
a meeting with the County Planning Department, with notification
to Councilmen so that Councilmen may attend if they see fit.
Seconded by Mayor Lazaneo.
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
3'7'3
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
VIII REPORT OF OFFICERS AND COMMISSIONERS:
A. Report of City Treasurer:
No further report.
B. Report of City Engineer:
(1) The City Engineer's report listed the papers, fees,
agreements and plans deposited by the developer of Tract 2880.
Moved by Councilman Saich that Resolution 473 be enacted,
a resolution approving final map of Tract 2880, accepting certain
drives, place and roads; authorizing the City Engineer and City
Cleric to sign the final map and authorizing the agreements in
connection therewith. Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Moved by Councilman Saich that execution of the final map
be delayed until additional fees in the amount of $880.00 for storm
drainage are paid by Rousseau Organization. Seconded by Councilman
Benetti.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
(2) Moved by Councilman Saich that Resolution 474 be enacted
authOrizing the Mayor and City Clerk to execute an agreement
between Mobil Oil Company and the City of Cupertino. Seconded
by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
(3) Herbert Ketell, Inc: Councilman Saich absented himself
from discussion on this matter.
Concensus of the City Council was that time is needed to study
this map.
The r1ayor scheduled the tentative map for Herbert Ketell, !nc
for a study session, the date to be named at the close of the
meeting.
Moved by Councilman Jewett that the City grant a one-year
extension to the tentative map approval of Tract 2769, La Cresta
Unit No.2, which was approved August 15, 1960. Seconded by
Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Moved by Councilman Pelosi that the City grant a one-year
extension to the tentative map approval of Units 3, 4, and 5, La
Cresta, approved October 10, 1960. (No tract number assigned).
Seconded by Councilman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
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C.Report of City Attorney:
City Attorney not present.
D. Report of Planning Commission:
See minutes of July 7 and 10, 1961.
IX UNFINISHED BUSINESS:
A, County Water Commission:
Councilman Pelosi reported that the Water Commission is
conducting a tour of county water facilities on July 18, 1961
at 9:00 A.M. A regular meeting of the Water Commission is
scheduled for July 19, at 3:00 P.M.
Councilman Benetti asked a question about new developments
on the proposed South Bay Aqueduct with reference to tax rates
necessary to pay for water importation.
Counoi1man Pelosi said that an interim Pacheco Pass facility
can be constructed in eight months after such a contract is signed.
Councilman Benetti said it was his understanding that a
major part of the cost for such a facility involves the pumping
from reservoirs to the top of the pass.
B. Miscellaneous:
(1) Councilman Pelosi asked aoout City po1iqr on storm drain-
age facilities paid for R-3 use which later is rezoned to R-l-- is
the applicant entitled to a rebate?
~1e City Manager responded that a definite policy will have
to be established.
(2) Councilman Jewett said that in checking with surrounding
cities, he finds that Cupertino is the only one which requires by
ordinance two public hearings before the Planning Commission in
rezoning applications. He suggested the possibility of changing
the ordinance and procedure to allow the Planning Commission to
conclude an application in one hearing.
(3) Frank Jarrett, Scofield Drive, addressed the City Council
to say that the condition of Scofield Drive requires him to lodge a
complaint. He went on to say that the storm drain and sanitary
sewer wOrle has left the street in poor condition fOr three months.
creating a dust nuisance, and stones, debris, etc. He said the
street is a hazard to pedestrians and drivers, and an inconvenience
to residents.
Councilman Pelosi said that Scofield is the most miserable
street he has seen. He also said that he aslced for a report from
the City Engineer relative to resurfacing the street five or six
weeles ago.
The Mayor read the letter from the City Engineer to the City
Attorney on the subject of Scofield Drive. The Mayor pointed out
that the street, according to the contract, must be restored to its
condition prior to the time of installing storm drain and Sewer
lines.
The City Engineer explained that the contractor can be forced
to repair the street inasmuch as he has posted bonds for the work.
The bonds can be invoked for this. purpose.
Joseph Adamo, Sunrise Drive, agreed with Mr. Jarrettfs compla1ftt.
He also asked about the \tldening Of Western.
The Mayor advised the City Manager to contact the Sheriff's
Office so as to enforce safety laws on Scofield Drive. He observed
that the presence of dust and debris is the biggest complaint.
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375
The City Engineer mentioned the possibility of routing the
truclcs from the Pepper Tree Subcttvision out Stelling Road rather
than through the adjoining subdivision. He also said that the
builders of Pepper Tree are the main party to the contract rather
than the sub-contractor which is Bilardi. The City Council
agreed that action should be talcen and that the City Manager and
City Engineer should get the street fixed and bill the contractor
if necessary.
(4) Councilman Saich said that a large chuck-hole remains
on the west side of Stelling Road in front of Alves Drive.
(5) Mrs. Blanche Woelffel asked the City Council about the
water supply in Monta Vista. She said the residents are becoming
worried.
The I~yor said that the City is now engaged in contracting
with the owner of a well along Cupertino water lines. This will
afford additional supply. The City is also contemplating the
possibility of drilling ánother well of its o\~. Another
possibility involves the purchase of additional water from
California Water Service Company. He estimated that one or two
months would see some solution to the problem.
Councilman Pelosi suggested that the chairmen of various city
commissions take the opportunity at least once a quarter to report
to the City Council on their developments. He added that the City
Manager is in control of the water situation.
The Mayor reminded that the City Council. will attend the next
meeting of the Water Commission on July 26, 1961.
X NEW BUSINESS:
(1) The City Manager reported that Al Cook has aslced the City
Council to adopt a minute order requiring Cook & Wilson builders
to remove an old dilapidated house which has become a rendszvous
for children.
The City Council declined to adopt such a minute order, main-
taining that the Building Code and other federal agencies provided
the necessary guide.
Moved by Councilman Pelosi that the City Council adjourn to
July 22, 1961 at 9:00 AM. Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Meeting adjourned at 11:40 PM.
APPROVED:
/s/ Nick J. Lazaneo
Mayor, City of Cupertino
1 ATTEST:
- ~ . .
' '" '.' ¡', ",' ~,
La\œence K.
\ ". II ((';
\ C/"
Martin, City Clerk
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