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CC 04-23-60 11 P. O. Box 597 Al_2_4 50 5 C I T Y 0 F CUP E R TIN 0 CUFER?It:C. CALIFCRNIA MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL APRIL 23. 1960 Place: Time: 10321 S. Saratoga-Sunnyvale Road 9:00 A,M. 1. SALUTE TO THE FLAG II. ROLL CALL Councilmen Present: Councilmen Absent: Benetti, Lazaneo, Nathanson, Pelosi, Saich None III. The Mayor stated that the first order of business is that of filling the vacancies to the Planning Commission. At present, Commissioners Adamo, Cali, and Rodrigues are serving terms which expire on April I, 1962. Ordinance No. 005B will require Commissioners to reside within the City when it becomes effective on May 4th. The Mayor referred to the pertinent Ordinance which provides that Planning Commissioners will be appointed Qy the Mayor with the con- sent of the Council, He read a letter from R. C. Reynolds to the City Council nominating W. Alan Griffin, 19631 La Mar Court, to the post of Planning Commi- ssioner. Mayor Pelosi placed the name of Burrel Leonard, Homestead Road, in nomination, Roll call resulted in unanimous apDroval, 5-0. Mayor Pelosi placed the name of William Duncan, 19621 La Mar Drive, in nomination. Roll call resulted in three noes, two ayes, being Benetti and Pelosi, Nomination does not ca,rry. Mayor Pelosi placed the name of H. J. Small, 10645 John Way, in nomination. Roll call resulted in unanimous approval. 5-0. Mayor Pelosi placed the name of James F, Koch, 19675 La Mar Drive, in nomination. Roll call resulted in a 3-2 vote against. Benetti and Pelosi in favor, Appointment defeated. Mayor Pelosi placed the mame of Philip Bagar, 19301 Stevens Creek Blvd. in nomination. Appointment approved, 5-0, Mayor Pelosi placed the name of Troy Rampy, 10571 Larry Way, in nomination. Appointment carried, 5-0. IV. Resolution No. 297 was introduced making four year appointments to the Planning Commission. According to the aforementioned nominations and corresponding vote, the Planning Commissioners named in Res- olution 297 are Burrel Leonard, E. J. Small, Philip Bagar, and Troy Rampy. Councilman Saich moved adoption of Resolution 297; Councilman Nathanson provided the second, carried 5-0. V. Councilman Lazaneo moved that the minutes of April 18 be corrected to show that Resolution 289 declaring intention to call a special annexation election and fixing the timE and place for protests by property owners in the matter of Homestead No.3 annexation to City of Cupertino, was adopted unanimously. Second by Councilman Saich, carried 5-0. Original motion attributed to Councilman Lazaneo, second by Councilman Saich. VI. The City Manager reported that a conference on the subject of Metropolitan Government will be held in Berkeley, Claremont Hotel, May 5 by the Association of Bay Area Governments. Mayor Pelosi stated he would attend the meeting and recommended that the City Manager also be in attendance. Other 60uncilman said they will notify if they intend to be present. 72 t- ~ ~ .... = VII. The Mayor said that the status and development of the recreation and library committees will be discussed at the next meeting. VIII. Resolution 298 was introduced appointing N. J, Nathanson to the offices of Police Chief and Fire Commissioner of the City of Cupertino. Councilman Lazaneo moved adoption; Councilman Benetti seconded, carried 4_0_1, Nathanson abstaining. IX. Resolution 299 was introduced being a Resolution of the City Council appointing John Saich to the office Director of Public Works of the City of Cupertino, Councilman Nathanson moved adoption; second by Councilman Lazaneo, carried 4-0_1. Saich abstained. X. Resolution No, 300 was introduced appointing John Benetti to the office of Recreation Commissioner. Councilman Saich moved for adoption; second by Councilman Lazaneo, carried 5-0. XI. Resolution 301 was introduced appointing Nick.J, Lazaneo to the office of Public Health and Safety Commissioner. Councilman Benetti moved adoption; second by Concilman Saich, carried 4-0-1. Lazaneo abstained. XII. The Mayor suggested that the City Manager be named as public relations officer of the City, Consensus of the Council held that this duty lies within the scope of his present functions but should be emphasized by means of minute order, Councilman Benetti moved that the duties of Public Relations Official be transferred to the City Manager; second by Councilman Nathanson, carried 5-0. XIII. Council agreed that the next Chariman of the Planning Commission should report directly to the City Council and that the time of his report be prior to the regular Council meetings, at 7:00 P.M. Discussion concerned whether or not the session between 7:00 and 8:00 to be used for Council discussion of the nights agenda, in addition to the report of the Planning Commission fhairman, should be opened to the press and public or not. The Mayor suggested that the press be invited and the public excluded if lawful, Councilman Benetti said he would not agree that the public should be barred from the "study session". However, he does feel the public should not participate in discussion prior to the regular meeting. The City Attorney advised that the provisions of the Brown Act prohibit the exclusion of either press or public from any meeting of the City Council other than those to discuss personnel. These can now be termed executive sessions rather than personnel sessions and according to the Brown Act should be held immediately subsequent or as part of the regular meetings. They may not be called for days other than those on which regular meetings: are held. The Mayor scheduled a study session from 7:00 to 8:00 P.M. in advance of the regular meeting of the City Council May 2, He requested that the Chairman of the Planning Commission be notified to make his report to the City Council at 7:00 P.M. on that day. Councilman Benetti suggested that a Councilman attend the Planning Commission meetings in order to brief the Planning Commission on the last meeting of the City Council. He volunteered to perform this service himself and it was so agreed by the City Council. XIV. The Mayor said that he would appoint two new Planning Commissioner on Saturday, May 7th, the meeting to convene at 9:00 A.M. XV. Councilman Lazaneo reminded the Councilmen that the Zoning Ordinance and General Plan are still pending and req~re additional joint meetings of the City Council and Planning Commission, 13 XVI. Moved by Councilman Saich that the meeting be adjourned, at 9:55; second by Councilman Nathanson, carried 5-0. APPROVED: AT~: <k<..~- ..< ' ~ City Clerk