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CC 11-06-61 494 !~ ~ ,:t:>n..."" i.. ~ 10321 SO, SARATOGA-SUNNYVALE ROAD At 2-4505 ~,~... C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING O~' THE CITY COUNCIL - November 6, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 8: 00 P,M. Moved by Councilman Pelosi, Seconded by Councilman Saich, and carried 4-0, that the special meetinß of November 1, 1961, be adjourned. I SALUTE TO THE PLAG II ROLL CALL: Councilmen Present: Councilman Absent: Staff Present: Benetti, Jewett, Pelosi, Saich Lazaneo City Manager, City Attorney, City Engineer and Dep. City Clerk In the absence of Mayor Lazaneo, Vice-Mayor Benetti presided. III MINUTES OC! THE PREVIOUS r/[EETINGS: October 16 and 31, 1961. Moved by Councilman Jewett that approval of the minutes of October 16 and 31, 1961 be deferred until the next regular meeting. Seconded by Counci lman Pelos l. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benettl None Lazaneo Lf-O IV PUBLIC HEARINGS: A. from 310' 70. MACKAY & SOMPS: Application 39-Z-61 to rezone 260' x 168r R-2-H and R-3-H to C-I-H; south side of Rodrigues Avenue, west of Highway 9. Denied by Planning Commission Resolution Appeal Continued. John Racanelli, 377 S. Murphy, Sunnyvale, represented the applicant, and stated that whole issue to be decided is whether or not the City Council wants professional use at the subject location. He referred to the rendering submitted at the previous meeting, and said that the proposed single story professional office for MacKay & Somps would be equal to or better than R-2 or R-3 development. He pointed out there can be workable restrictions to assure that this cannot become just another commercial development. Mr. Racanelli then read a letter signed by him and carryi~ the signature of George E. Somps of MacKay & Somps, outlining ~ertain restrictions which could be imposed. (Letter filed with the Clerk), The applicant \'Iill a~ree to professional zoning at the time such z0ning is adopted, and (2) the property n~y be rezoned back to R-2-H and R-3-H if a bUilding permit is not obtained within six months, and (3) that the written commitment be incorporated in the minutes of the proceedings and that same be recorded in Official Records of Santa Clara County. r1r, Racanelli stated that the applicant is \'Iilling to abide by the wishes of the Council. He asked that any questions be raised during a public hearing, in order that he may have an opportunity to answer, The Vice-Mayor advised Mr. Racanelli that discussion is held only by the Council after public hearings are closed, He stated that he feels that the objection to the rezoning of this parcel is to the zoning itself, and that the use of the property is not necessar- ily found to be objectionable, Councilman Pelosi called attention to the fact that the public hearing has been closed, referring to the minutes of October 16th. He said the reaSOn this was put off was to get all the information to the Council so that it could ta!ce a vote on the applìcation, -1- 495 Councilman Jewett ~aid that after looking into this parcel of land he fom,d that some of the neighbors are not opposed to the MacKay ëc Somps professional building as such, but they are opposed to C-l-H, and he also is opposed to putting C-l-H zoning there, but is in favor of this type of bUilding coming into Cupertino. He said he thinlcs this can be worlced out to the satisfaction of the people in the neighborhood as \'Jell as the City, He said further that the Planning Commission is vJOrl,ing on a PO-H ordinance, and if this building as proposed is approved on PO-H zoning, he can see nothing wrong with the building on this site. He said that if the City is going to worry about what is going to go in next, it will be going baclcwards every day, He reiterated that he is very much in favor of MacI\aY & Somps' building coming into our City, and that if we could take the time, he is in favor of sending this application back to the Planning Commission for a PO-H ordinance, Councilman Saich said that he concurs with the statement of Councilman Jewett, in objecting to C-I-H for this parcel, and sug- gested that an emergency PO-H ordinance might be prepared. Councilman Pelosi stated that the application before the Councj.l is for C-l-H, and should be approved or denied, He said this land is not suited for C-l-H zoning, Formerly it was C-l-H and the applicant applied for and received R-2-H and R-3-H. At that time the applicant reasoned that this was the best possible use of the land. He said there are many other areas in Cupertino available for this building. This is the only place in Cupertino where commercial is going on a residential street, Moved by Councilman Pelosi that the application be denied, in accordance with Planning Commission Resolution No, 70. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION FAILED: Pelosi, Saich Jewett, Benetti Lazaneo 2-2 Moved by Councilman Jewett that the issue be continued to the next regular meeting of the City Council. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Saich, Benetti Pelosi Lazaneo 3.,..1 Councilman Pelosi stated that the minutes of October 16th stated that maps of the adjoining properties were to be submitted and that the proposed study session on the matter was never held. Councilman Jewett said that the last time a study session was called for this, he was opposed because the applicant was not notified of the meeting. He said he would be in favor of a study session if the applicant is present. Thursday, November 9, 1961, at 7:30 P.M, VBS scheduled as the time for a study session on the above application. The City Manager was instructed to prepare an agenda for the meeting and notify the applicants. V ORDINANCES AND RESOLUTIONS FOR ADOPTION: A. ORDINANCE 192: Rezoning property of Deep Cliffe from A-2: B-4 to R-l, R-2-H, R-3-H and C-I-Hj 28 acres, southeast corner of McClellan Road and Mountain View-Stevens Creelt Road (F'ile 37-2-61) Second Reading. Moved by Councilman Jewett tha'c full reading of Ordinance 192 be waj.ved and reading confined to ti tIe only. Seconded by Council- man Saleh. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Lazaneo 4-0 Pelosi, Saich, Benetti -2- ~1:96 !...... ~ ''-'''''''f I, . Ordinance 192 rGad by title only, being an Ordinance amending ,,- Sectlon 1 of Ordinance No, 2 by reclassifying a certain portion of the Clty or Cupertino from an A-2:B-4 Distrlct to an R-l, R-2-H, R-3-H and C-l-H District, Moved by Councilman Salch that Ordinance 192 be enacted. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo Lf-O B. ORDINANCE 193: Rezoning property of Fran!c Shepherd from R-l:B-2 to R-l; and approving tentative map; 10 acres between Vista and Blaney adjoining the south side of a projection of Merritt. (8'ile '+r)-z-61) Pi rs treading gi veil. C, ORDINANCE 194: Rezonlng property of Cupertino Properties, Ltd. from R-l to R-2-H; Lots 16, 17, 18, 33, 34, 35 of Tract 2880, (File 38-z-6l) I,'irst reading given, D, RESOLUTION 506: Requesting federal financlal assistance for general plan, The City Manager explained that the above resolution is in order for adoptìon. Moved by Councilman Saich that Resolution 506 be adopted, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: VI PAYING BILLS: Jewett, Pelosi, Saich, Benetti None Lazaneo L¡·_O A. Resolutions 507 and 508. Moved by Councilman Saich that Resolution 507 be adopted. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo I·r_O Moved by Councilman Pelosi that Resolution 508 be adopted. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 VII PROTESTS AND WRITTEN COMMUNICATIONS: (1) Bethel Lutheran Church: Letter requesting permission to complete the street improvements on Sorenson Avenue and to defer the improvements on Miller Avenue until a later date, The City Manager stated that improvement plans have been presented by the church, \1hlCh plans called for development on Sorenson and Miller, as stated in the letter, The Vice Mayor asked the City Manager to read the letter from the church. Councilman Jewett suggested the matter be referred to the City Engineer, asking how does this fall in with engineering procedure? Will it meet standards? ,an~"~. ¿.B:}]'N The City Engin~~r answered that if this were a subdivision we would require all improvements to be put in. He said that the church ís asking for this because a hardship exísts. He said that the church proposed no bond be submitted for Miller. They want to go in immediately and improve Sorenson. Councilman Jewett stated that we have gone along with churches in thê pagt and guggegted this proposal be approved. Moved by Councilman Jewett that the request 0., the Bethel Lutheran Church be granted in that the church complete the improve- ments on Sorenson Avenue, leaving Miller Avenue to be improved within one year, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTJ;ON CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 11,-0 Councilmen Jewett aslced about the payment of the storm drain- age deposit in two installments, also requested in the letter, He asked the City Engineer if this would be in order. The City Engineer advised that this was a rrøtter for the Council to decide, Paul Weston, President of the Bethel Lutheran Church, read a letter from the City Engineer's Office dated JUly 21, 1958, stating the storm drainage deposit would be $500 per acre, A few months ago he said they were advised the deposit would be :~l, 100 per acre. He said further that if the deposit were based on $500 per acre, they could take care of it now and would not have to ask for the extension of time to pay. Mr. Fleming stated that the charges are still :i500 per acre. Vice-Mayor Benetti stated the matter should be deferred, pending submission of a report on this from the City Engineer, He requested a report for the meeting of November 9th. (2) Warren M. Dorn, President, Los Angeles Memorial Coliseum Commission: Letter and form of resolution declaring the week of November 19-25 as Mercy Heek and November 23, as 11ercy Day. Moved by Councilman Pelosi that Resolution 510 be adopted, declaring the week of November 19-25, 1961 as Mercy Week, and November 23, 1961, as Mercy Day. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 (3) ASSOclation of Bay Area Governments: Notice of meeting, November 28, 1961, Councilman Benetti was authorized by the Council to attend this conference on behalf of the City of Cupertino. (4) County Controller: "Tax Rates and Informa tlon" (5) Board of Supervisors, County of Santa Clara: Letter re adoption of Uniform Plumbing Code. Referred to City Manager. (6) 1hlsey, Ham & Blair: Letter transmitting final revised contract and draft agreement for pr~paration of zoning ordinance, (7) J, B. Hanauer: "Financing Municipal Progress" Refêrred to City Attorney. (8) League of California Cities - Minutes of September 21st meeting. -4- 498 , I:' (9) Governor Brown: Lêtter regarding fallout shêlter survey. ¡",. '?~; The City ~~ûager advised that t~is is covered in his report to the Council. (10) Cupertino Planning Commission: application previously tabled by the Planning Commission. Letter requesting the Mariani Council be referred back to the Mr. Small, Chairman of the Planning Commisslon explained that the ol'iginal Mariani appllcation was denied by the Planning Commis- sion and went to the Council on appeal, and was tabled by that body. He said that Mr, Mariani has acquired the Yamaoka property and is requesting commercial zoning on that one parcel, The Commission feels that it would beneflt the City to consider the entire area for commercial rather than zone one parcel after another to various depths along Highway 9 between Homestead and Stevei1s Creek. Councilman Saich expressed the view that the application did not necessarily have to be sent to the Planning Commission, that the Council could send the proposal to the Planning Consultant direct, Moved by Councilman Pelosi that the application of Paul Mariani involvlng 65 acres, application No. 41-2-61, be removed from the table and referred back to the Planning Commission as per their request, Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 (11) League of California Cities: Notice of Meeting, Th~rsday, November 16, 1961, at San Mateo. (12) Fremont High School District: Letter thanking the City Clerk for sending them copies of applications for tentative map approvals. (13) Division of Highways, R, A. Hayler: Letter transmitting copy of freeway agreement, and requesting the City to prevent planning or construction of lmprovements which might conflict with the freeway. The letter also asks that the Division of Highways be notified of any contemplated subdivisions, applications for buildinß permits or plans for other possible conflicting develop- ments on or near the freeway. Mr. Small requested that the Planning Commission receive a copy of the letter. Moved by Councilman Pelosi that the communicatlOns be received and filed, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benettl None Benetti 4-0 VIII REPORT OF OFFICERS AND COMMISSIONERS: A. Report of City Treasurer: No further report. B. Report of City Engj,neer: (1) The City Engineer reported that the improvements for the develop- ment at the southwest corner of Highway 9 and Stevens Creek Boulevard have been completed, the necessary decacations have been made and the necessary fees have beeil paid, H:? recommended, therefore, that Resolution 511 be adopted, and that the improvements be accepted. Moved by COUhcilman Saich that Resolt~tion 5lJ. be adopted, accepting dedication of real property from John P. Mardesich and Sons, for roadway purposes. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: 49B Jewett, Pelosi, Saich, Benetti None Lazaneo L~_O Moved by Councilman Jewett that the improvements in Cross Roads Shopping Center be accepted, Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 (2) The City Engineer recommended that the City accept the dedica- tions for right-of-way fronting the James E. Spain property and the Cupertino Nursery, and that Resolutions 512 and 513 be adopted. Moved by Councilman Saich that Resolution 512 be adopted, accepting dedication of real property from J, E, Spain, et UX, for roadway purposes. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo l~-O Councilman Pelosi aslced if the City accepts property and the propery is sold before it is developed by the State, is the City liable to improve it. The City Attorney ai1swered in the negative, saying that the 10' dedication and the requirement to improve are two separate things. He said that a building permit can be issued only if the applicant improves the 101. Moved by Councilmen Jewett that Resolution 513 be adopted, accepting dedication of real property from Ernest S, Uenaka, et ux, for roadway purposes. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 The City Engineer stated that he had no more detailed informa- tion as to the exact property to be acquired for Highway 9. He said he wanted to confer with others and get together with them to arrive at a net acreage figure. He said several parcels have been dedlcated within the last few weeks, (3) The City Engineer reported that municipal improvements for Tract 1603, Martinwood have been completed in accordance with plans and specifications, and acceptance of the improvements is recommended. Moved by Councilman Jewett that the improvements in Tract 1603, Martinwood, includinG curbs, gutters, street paving, storm drainage, street lighting, sidewalks, etc" be accepted per the recommendation of the City Englneer. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo lJ-o (4) The City Engineer reported that the municipal improvements in Tract 1685, Baywood, have been completed in accordance with plans and specifications, and acceptance of the improvements is recommended. Moved by Councilman Saich that the improvements in Tract 1685, Baywood, including curbs, gutters, street paving, storm drainage, street lighting, sidewalks, etc., be accepted as per the recommenda- tion of the City Engineer, Seconded by Councilman Jewett. -6- 500 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: 1·-> ~ 1""'''''''11' " . Jewett, Pelosi, Saich, Benetti None Lazaneo '!-O I",~ 1,;'i'(~;:J (5) The City Engineer reported that by Resolution 219, the City accepted a g!'ant deed or real px'oj:¡erty from Donald T. Yabe and Mary M. Yabe, for right of ¡¡ö,y for Regnart Cree!c in conjunction with Tract 2551. It was agreed that Mr. Yabe would be paid for the dedication at such time as the property was sold and developed by a subdivider. The property has now been developed as Tract 1603, Martll1\'IOod, and the City Engineer recommends paymei1t of $630.00 to Mr. Yabe, from the storm drainage deposit, Moved by Councilman Saieh that a warrant be issued in favor of Mr, Donald A. Yabe, in the amount of $630,00 per the recommendation of the City Engineer. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benettl None Lazaneo L~_O (6) Regarding the Blaney Avenue crossing of Route 239, Mr. Fleming dre1v a map of the proposed crossing, He stated that the State sub- mitted a drawing which did not show the location of the structure relatlve to the existing road, He contacted the State and received information that the State contemplates movlng Blaney Avenue 120' westerly of the present centerline, thus cutting off Lucille Avenue. The reason given for this was the location of PG&E on Blaney Avenue. Vice-Mayor Benetti aslced what would happen to Lucllle Avenue, and Mr, Fleming answered that it would be relocated. The City Manager stated that PG&E will object to fills being placed in front of their building on Blaney, Vice-Mayor Benetti said that the fill in front of the PG&E bUilding on Blaney would affect their entrance, and asked how they would get in and out with the dirt that high. He stated they have access onto Homestead at the rear of the property, but the main building opens only on Blaney, The City Manager said It should be indlcated to the State that the Council is not pleased with the proposed relocation of Blaney and requests more detailed informatio;1 on it. Moved by Councilman Saich that the City Englneer be instructed to get more information and detail and express the displeasure of the City as to the realignment of Blaney Avenue. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo I!,-O (7) The City Engineer reported on the McClellan Road storm drainage proposed between the Cities of San Jose and Cupertino. He said thac San Jose had submitted constructlon plans for the installation of the storm drain on McCleL'..ail and Stelling. He sahl that the size of the pipe and the 16' depth dld not beneflt the City of Cupertino. He reviewed the si tua tion V¡j. th San Jose and found 'eha t a line had been lnstalled at the 16' depth for a distance of 250 feet. The Ci ty Engineer took the posi tion that this was a joint participation and that the extra deptl¡ \Ias not th2 responsibility of the City of Cupertino. San Jose ag~eed and is going to abandon the 250' stretch at Autumn Gardens, and they are now :::,evieVling and revising their plans, Hr. ;c"leming said he would get together "nth them again. C. Report of City A ttúrney: (1) 'I'he City Attorney reported that Ordinance 94 (Revised) had been prepared, and stated that it would be in order to adopt this emergenc~' ordinance. 501 Moved by Councilman Pelosi that Ordinance 94 (Revised) be adopted, being an ordinance adopting amendments to the Santa Clara County Ordinance Code for the control of dogs. Seconded by Council- man Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo L~-O (2) The City Attorney stated that there are some portions of land in the City which are not in the Cupertino Sanitary District, and lands to be annexed in the future which may not be within the Sanitary District. He said it would be in order to adopt a resolu- tion authorizing the Cupertino Sanitary District to provide Sanitary Sewage disposal facilities within the corporate limits of the City, Moved by Councilman Saich that Resolution 514, designating the Cupertino Sanitary District as its authorized agency in the matter of providing sanitary sewage disposal facilities within the corporate limits of the city, be adopted. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 (3) Regarding the annexation of "Stelling 3A", the City Attorney stated that he had prepared a resolution for adoption, which would terminate proceedings on said annexation, and that the City of San Jose would dismiss its Superior Court action against the City of Cupertino, Moved by Councilman Jewett that Resolution 515 be adopted, terminating proceedings on the uninhabited annexation designated "Stelling 3A". Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Lazaneo None Lazaneo L~-O D. Report of Planning Commission: See Planning Commission minutes of October 23, 1961. E, Report of City Manager: (1) The City Manager stated he had received a letter from the City of Lös Altos, renaming Mountain View-Stevens Creel~ Road, Foothill Boulevard, He said he had also received a letter from the County Planning Department, They are concerned with street names and would like to have someone appointed to a committee to review all of the street names and recommend to the City Council necessary changes which they think are in order. Moved by Councilman Jewett that the street naming committee appointed by the Chamber of Commerce represent the City, and work with the County on the review of street names. Seconded by Council- man Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 4-0 (2) Regarding employee hospitalization insurance, the City Manager stated he had received information from three insurance companies. Two other companies said they would submit programs but they have not done so, Mr, Storm said he would suggest that the agents appear before the Council and explain their plans, -8- 502 f~ ~;1l~ ,....IIIJI: ',. .. Councilman Pelosi ¡¡aiel that this falls on the City Manager to "',,~ worle out a plan with the employees. He said that the City Manager and employees should pick the òest plan for themselves and that the Council can then consider the matter. Moved by Counci1mad Pelosi thdt the City Hanager get together w:lth the City employees a.ld select a health program to be passed on by the Council. Seconded by Councilman Saich. Discussion followed as to whether this would be paid òy the City, or if the employees would pa~ticipate in payment. Mr, Storm said it was his understanding that the City would pay for the employees, and the employees would pay for insurance on their dependents, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARI1IED: Jewett, Pelosi, Salch, Benettl None Lazaneo L~-O (3) Hegarding the Water Commissìon meeting, Mr. Storm saìd that at the next meeting, Wednesday, the Commission will try to agree on a motion for water importation. There has been some diff~culty in reaching agreement on wording of the motion he said, (4) The City Manager stated he had talked with Mr, O;Shea of the Division of Highways, They are still working on the problem of parallel parking along HiGh~lay 9, and the information should be available for the meetlne; of November 20th, (5) The City of Sunnyvale has requested the City's participation in the signalization of Stelling and Homestead, This project would be paid for by the cities of Sunnyvale and Cupertino, and the County of Santa Clara. Cupertino would be required to pay 1/4 of the cost he said. He said further that he would recommend that the City not approve the project at this time. Councilman Pelosi suggested the matter be considered at a study session, and that the Council look at the intersection prior to the meet~ng. Vice-!ilayor Benetti aslced if a traffic count had been made at the intersection, saying that Sunnyvale must have a reason for the request, He instructed the City Manager to contact Sunnyvale and get more information pertaining to the proposed signalization. He set November 9th as the date to consider the time and date for a study session on the subject, (6) The City Manager pointed out that when a holiday falls on a Saturday or Sunday, the following Monday shall be observed as a holiday . Saturday is Veteran I s day, thereby malcing Monday, Novemb€r 13th a holiday for the City. He said that a Planning Commission meeting is scheduled for that date and asleed that Frlday, November 10, be declared a hOliday, in order to avoid rescheduling the Planning Commission meetirg. The City Attorney said that the reso1ut~on provides that Monday should be observed as the holiday, and he recommei1ded that this regulation not be changed, The Vice Mayor stated that Monday, November 13, 1961 would be observed as a legal holiday. (7) The City Manager stated that he had only talcen one week's vacation, and requested the week of Nove17lber 13th for the remainder of his vacation. Moved by Councilman Jel'lett that the City ~1anager' s request: be granted. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENr: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None La.zaneo "-!·-O 503 Vice-Mayor Benetti stated that Larry Martin would act as City Manager during Mr. Storm's absence, in accordance wlth the previous action of the Council. (8) The City Manager stated that the Civll Defense Director has requested the amount of ::;561. 00 for two radios to set up a ham radlo station. He said they have the personnel to operate it. In answer to a question by Councilman Saich, the City Mar¿ger stated there is no specific item for this equipment in the budget, but it is vlithin the province of the Council to allocate the funds for this purpose, Moved by Councilman Pelosi that the amount of $561.00 be appropriated for the purchase of the radio equipment requested by the Office of Civil Defense. Seconded by Councilman Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo 1!-_0 Thomas Burrascano explained that the two separate radios were necessary as one was on a two meter band and the other on a six meter band for communi ca tions vIi th the County, The City Manager said that expenditures of this type can be paid one-half by the City and one-half by the federal government, and that he will get the necessary forms, (9) Vice-Mayor Benstti asked the City Manager about the applica- tions for the position of Recreation Director. Mr, Storm stated that 5 applications have been received, and that his office is not in the process of contacting the references of the applicants. When these are received and reviewed, interviews can be started. He estimated this could be done about the first of next year. IX UNFINIS~ŒD BUSINESS: A. Water Commission: Covered in City MaiLager's report to the Council. B, Deep Cliffe application: The City Manager stated this was decided at the meetirg on November 1st, The City Engineer stated that the County has indicated that they vlould have a 90' road to McClellan, and that anything south of that point would be 60'. Mr, Fleming pointed out one problem, namely, where is the 60' to be. Will this be an even widening from the centerline or an offset widening. One problem brought out by the County was that of acquiring the extra width in view of the development on one side of the road. Councilman Jewett said that the City Engineer should investi- gate the matter as to whether the center of the road is to be talcen into consideration, or off center. Councilman Pelosi said that the terrain has to be taken into consideration, and also requested a report from the Engineering Department. Moved by Councilman Jewett that a work order be issued author- izing the City Engineer to make a study on the widening of McClellan Road within the corporate limits of the City. Seconded by Council- man Pelosi. AYES: CouncilmEn: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Lazaneo L,-O -10- 504 !~ ~ .""''''~ , , C. Set date for study session ort C-2 Ordinance. 1~~J:~'' j A question was ra:csed as to \~hy tins matter Has on the Agenda. Vice-~1a~'or Benetti sald tins questlon was ralsed 1i1 connection with a recent application, ai1(1 asked if the Council '101/ needs a C-2 Ordinance. The C··2 Ordinance Has reI'erred to the Planniiì[; Commis:;>ion, D, Miscellaneous: (1) Coui1cllman Pelosi referred to the joint meeting of the City of Sunnyvale and City of Cupertino City Councils a,1d the various school districts, and said that a meeting was to be set up between the Fremont High Schoòl District and Cupertino City Council was to be arranged for further discussion of the Mary Avenue sltuatlon. Vice-Mayor Benetti said that this meeting the High ,School District at tl1eir convenience. Ci ty fllana[;er to 1'0110\" up on the matter. was to be set up by He instructed the (2) Hefernng to the r'eevmy Agreement, Councilma" Pelosl asJ<ed for an opinion from the City Attorney as to whether the City was responsible for constructinc \'Jolfe Road and r~al°Y Avenue before the freeway approaches, (3) . Vice Mayor Benetti referred to the special meeting last weel: which was adjourned to personnel session for discussion of the engineerinc; report. He requested that the City IVJanager's statement regarding the report on the englneerlng department be put into the record, So moved by Cou<lcilman Pelosi, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich, Benetti None Iazaneo I¡·_O X NEW BUSINESS: A, Cupertino Properties; Application for Architectural and Site approval, '¡'ract 2880; fourplex lots - 39-49, incl. approved by H Control Committee on October 9. The City Manager stated that ~1r. Oakes had caTIed and stated he would arrive late, as he was attenchng another meeting. The Vice- Mayor suggested the matter be reviewed at the November 9th meetlng. B. Ordinance 47 Revised: Hecommended by Planning Commission as per Resolution 74. Moved by Councilman Saich that Ordinance 47 Revised be scheduled for public hearing at the next regular meeting of the Council. Seconded by Councilman Jel'ett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CAHRIED: Jewett, Pelosi, Saich, Benetti None Ia.zaneo 4-0 C. rh8cellaneous: None XI ORAL COf-'ll'M!ICATIONS: None XII Adjournment at 10:45 P.~'J" to an adjourned regular meeting, November 9, 1961, at 7:30 P,M, APPROVED: 45U tI. ~~ /s/ John Benetti Vice-~ayor, Cit~ of Cupertino A TESr:P: _ -",--...-- - . ----- .. " ,." " .. _ ------