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CC 02-15-61 247 P. O. Box 597 AL 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 15, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 7: 30 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Councilmen Absent: Saff Pre sen t : Pelosi, Benetti, Jewett, Lazaneo, Saich None City Manager, City Engineer, City Attorney Ci ty Clerk III MASTER PLAN The City Attorney verified the fact that the State Planning Act and City ordinances require hearings by the City Planning Comm- ission on a general or master plan. Councilman Lazaneo siad that he is not satisfied that the Myers Plan is the best for the City at the present time. Mayor suggested a letter to the Planning Commission advising that agency to set the plan for hearings and decide on a rec- ommendation to the City Council. He also proposed that the City hire a planning consultant to aid the Commission in their delib- erations. The City Attorney agreed that a plan by a profession- al planner would provide a keystone for the Commission and Coun- cil to consider. Councilman Jewett proposed that the planner be a person from outside the City with no interests in the City of Cupertino. Councilman Saich said that the County spent considerable time and money developing a plan for the Cupertino area and that it was developed by planning specialists and that this plan is now in effect in this City as represented by the existing zoning. Councilman Lazaneo stated that revisions suggested by the Coun- cil are not incorporated into the Myers Plan. These suggestions had been made approximately l~ years ago. Moved by Councilman Jewett that the City Council authorize the City Manager to investigate the possibility of 2 or 3 planners, study their qualifications, secure preliminary information, and invite candidates to appear before the Clty Council for inter- view and selection by the City Council, these professional plan- ners not to be in any way connected with the City of Cupertino; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 IV FINANCIAL REPORT I. Statement of Receipts By Fund, January I to February 9, 1961-- total equals $34,284.12. 2. Cash Balances February I, 1961 (see statement) V. ARCHITECTURAL AND SITE CONTROL COMMITTEE Councilman Saich proposed that the City Manager and BuQding In- spector not be given the vote on the committee, that they serve in an advisory capacity. City Attorney stated that theSanta Clara County Architectural and Site Control Committee includes staff members who have power of vote, also that the City Manager would provide good liaison between the administrative function and committee itself. Councilman Lazaneo observed that the architectural committee and Planning Commission maintained control as presented in Ordinance 002F, except in case of appeal to the City Council. 248 Upon questioning, the City Attorney advised that it is within the law to appoint theCity Manager and Building Inspector on the Committee as voting members. ~ I-;¡ ~ ~ ~ Section 2:1 b was changed to read three members instead of two members. Section 2: I c add lito serve as ex officio member". Commissioners Small and Snyder will be contacted relative to the change in 2:1 b. First reading of Ordinance 002F is scheduled for the next reg- ular meeting, probably February 21, 1961. VI WATER CONSERVATION REPORT The City Manager reported that the County Flood Control Water Conservation District is asking each City to name a representa- tive to a committee composed of an appdhted representative from 8 cities, the Count~ the Water Conservation District, and the Sounty Santa Clara Valley Water Conservation Dlstrict. The Board of Directors of the Water District adopted a resalution respecting the formation of a committee of municpal water rep- resentatives and making an appointment thereto. Moved by Councilman Lazaneo that the Mayor will be appointed the Cupertino representative and the Ciy Manager serve as Thai son; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich NAYS: Councilmen: None ABSENT: Councilmen: None ABSTAINING: Pelosi MOTION CARR!: ED: 4-0 VII STEVENS CREEK - 9 ANNEXATION The City of San Jose has submitted a letter dated February 15, 1961, stating that the San Jose City Council adopted a motion to the effect that the City of San Jose will not portest the annexation to Cupertino of the Voss property included in Stev- ens Creek - 9 annexation to Cupertino. Moved by Councilman closed; Seconded by AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lazaneo that the annexation hearing be Councilman Jewett. Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 Ordinance 162 was given first reading, approving the annexation of certain contiguous uninhabited territory designated Stevens Creek - 9 to the City of Cupertino. VIII ORDINANCE 002D Councilman Benetti asked why the City needs an amusement resort zone ordinance. He questioned the absence of requirements on signs, yard regulations, off-street parking, loading, etc. The City Attorney advised that the draft of December 27, 1960 is the latest copy and is the ordinance which should be consid- ered by the City Council. Ordinance Council. forehand. 002D was re-scheduled for the next meeting of theCity Copies of the December 27 draft will be deXvered be- IX RESOLUTION 412 - Accepting Grant Deeds From Woodson Capital Co. The Engineering Department has approved the dedications includ- ed within Resolution 412 as correct. Moved by Councilman onded by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Saich that Resolution 412 be adopted; Sec- Lazaneo. Benetti, Jewett,~azaneo, Saich, Pelosi None None 5-0 X FIREWORKS POLICY Councilman Saich asked what purpose there would be in banning fireworks from the City. - XI 249 Councilman Lazaneo said he is in favor of abolishing fireworks in the City. If an accident should occur in the City with fire- works purchased elsewhere the City would have done its duty to protect the people. Councilman Benetti said that Campbell and Cupertino are the only two cities in the County that allow the sale of fireworks. He added that the County might follow suit in time and prohibit sàEs. Moved by Councilman Lazaneo that the City Council abolish by ur- gency ordinance all sales of fireworks within the City and that a copy be sent to all parties having fireworks permits inthe past; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Lazaneo, Pelosi NAYS: Councilmen: Saich ABSENT: Councilmen: None MOTION CARRIED: 4-1 MISCELLANEOill A. The City Attorney introduced Ordinance 164, An Ordinancp Renewing And Extending Ordinance 47 As Amended By Ordinance 81 Known As The Cupertino SubidWision Ordinance For A Period Of One Year. Moved by Councilman Saich that Ordinance 164 be enacted; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 B. Report of City Engineer The status of the Paul Swanson developement was discussed. The City Attorney advised that a cease and desist order can be entered against Paul Swanson restraining the developement and use of his property in violation of City order at the northeast corner of Vista and Stevens Creek Blvd. Moved by Councilman Lazaneo that Swanson be informed of the City order and conditions, his failure to comply, with the City to enter a restraining order against Swanson for fail- ure to post bonds, sign an agreement with the City and de- posit checking and inspection fees; Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Counc ilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Lazaneo, Saich, Pelosi None None 5-0 The City Manager stated that Swanson was allowed to secure a building permit by Council permission on condition that he meet the aforementioned requirements. The City Engineer stated that he could see no reason why any exceptions to the standard procedure should be allowed or condoned. No final inspection of the premises, nor release, has as yet been made. City Manager was authorized to draft a letter to Swanson out- lining the facts hereinabove mentioned. C. The regular meeting of February 20 was tentatively re-scheduled for February 21, 7:00 P.M. D. The Mayor requested that a notice be sent to the Planning Commission to the effect that the attendance record has been examined, commending those who have made a good record, ask- ing for steady attendance in the future. E. Bruce Tanner, County Planning Staff, addressed the City Council to say that the 64th zoning unit was accomplised before the incorporation of the City and should not be considered a gen- eral or master plan for the Cupertino area. F. Councilman Benetti referred to the request of the Planning Commission for a meeting on the subject of financing. The 250 City Manager was advised to determine Commission wishes to discuss and why. that meetings between local boards do tions within the City. G. Council asked that the Chamber of Commerce budget be placed on the next agenda for further discussion, also that the City Manager learn the financial at pport afforded the Chamber by other sources, specifically the annual contributions of the local firms, plus additional accounting of where the money is to be apent. what it is the Planning City Manager added tend to cement rela- l- f..;¡ e::: .... = H. Mrs. H. A. Hermsmeyer, 10450 Portel, asked the City Council about the status of the general plan, especially with re- lation to the three applications now before the Planning Commission, encompassing 306 acres. She asked the meaning of the ordinance provision, specifically that Planning Com- mission has 90 days in which to take action on an application. Councilman Jewett asked for a ruling by the City Attorney on that legal point. XII ADJOURNMENT Meeting adjourned at 10:IO P.M., February 15, 1961 APPROVED: ABEST: ~~~ .~ C1 ty Clerk ~ 't.-