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CC 06-22-70 ;'.,. ,/- CITY OF CUPERTINO, State of California l0300 Torre Avenue, Cupertino, California Phone: 252-4505 ---------.-.- HINUTES OF THE ADJOURt'iED REGULAR I1EETING OF THE CITY COUNCIL HELD JUNE 22, 1970 IN TIlE CONFERENCE ROON, CITY HALL, CUPERTINO, CAl.IFOR"'¡¡IA The meeting was called to order by Mayor Stokes who dispensed with the salute to [he flag as no flag was available in [he Conference aoom. Roll Ca 11 ------ CC-49 Councilmen in attendance: Fitzgerald, Fr'Jlich, Green, :-!ayor Stokes. roll car:' Absent: Councilman ~¡~el. Also present: City Manager Storm, City Cl,~~k- Finance Director Ryder, Public Works Director Yarborough, Parks and Recreation Director Parham. Communications Hayor Stokes advised Lhe Council that he was in receipt of a CC~;l;.l1nnica- tion from the City Attorney who said that he 'JOuld be una"le to attend either the City Council meeting or the Planning Commission meeting scheduled for June 22, 1970, his absence being the result of doctor's orders. ,- Reports of Commissions and Committees There were no reports submitted as no meetings had been held since the last Council meeting. Public Hearings No public hearings had been scheduled. Ordinances No ordinances were due for consideration. Resolutions 1. No. 2003: "A Resolution of the City Council of the City of Cupertino Approving rÜlal Plan for the Improvement of Frontage Along the East Side of Blaney Avenue Approximately 300 Feet South of Homestead Road; Authorizing the City Engineer to Sign Final Plan; anù Authorizing Execution of Agreement in Connec- tion Therc\.¡ith." ,..-. Councilman Fitzgerald moved, Councilman Frolich seconded that Resolution No. 2003 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Hayor Stokes Noes: None Absent: Councilman Noel I .. . jCOmmUlllca t J.or,,' I i :Res. 20C3 radopter I - -, page 2 Res. 2006 adopted Res. 2007 adopted Les. 2009 adopted Res. 2012 adopted Res. 2013 adopted Minutes of the City Council June 22, 1970 CC;'-49 Resolutions Cont'd. 2, No. 2006: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for Payroll Period Ending June 16, 1970." Councilman Frolich moved, Councilman Green seconded that Resolution No. 2006 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Mayor Stokes Noes: None Absent: Councilman Noel 3. No. 2007: "A Resòlution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Mis- cellaneous and General Expenditures." Councilman Frolich moved, Councilman Green seconded that Resolution No. 2007 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Mayor Stokes Noes: None Absent: Councilman Noel 4. No. 2009: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization from Lawyers Title Insurance Corporation." Councilman Fitzgerald moved, Councilman Green seconded that Resolution No. 20u9 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Mayor Stokes Noes: None Absent: Councilman Noel 5. No. 2012: "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of a Joint Use Agreement with Pacific Gas and Electric Company of an Easement for Hillside Park." ICouncilman Frolich moved, Councilman Fitzgerald seconded that Resolution I¡NO. 2012 be adopted. ' Ayes: Councilmen Fitzgerald, Frolich, Green, Mayor Stokes ¡Noes: None Absent: Councilman Noel 6. No. 2013: "A Resolution of the City Council of the City of Cupertino Granting an Easement to Pacific Gas and Electric Company for Hillside Park." Councilman Green moved, Councilman Frolich seconded that Resolution No. 2013 be adopted. yes: Councilmen Fitzgerald, Frolich, Green, Mayor Stokes Noes: None Absent: Councilman Noel Minutes of the City Council June 22, 1970 Unfinished Business 1. Review of appraisers report on the Damico and Horse Ranch properties on McClellan Road and discussion on possible November Bond Issue and determination of items to be included therein. City Manager Storm introduced the subject matter by reviewing those actions taken by the Council to date. He pointed out that for the 15.25 net acres of the Horse Ranch the appraiser had placed a valua- tion of $352,000. For the 8.6 acres of the Damico property the ap- praisers valuation was $232,000. This compared to the asking price of $450,000 by Mr. Langman of the Horse Ranch and $300,000 by Mr. Damico. In answer to questions by members of the Council, Mr. Storm said that the appraiser had indicated his ability to justify the appraisals. should eminent domain proceedings occur. He said that in his personal opinion the direct worth of the property to the City would be some- where between the asking price and the appraisal. He then quoted figures to the Council on probable costs to the City if these properties were acquired by the sale of bonds. He cautioned the Council, however, that twenty-year issues were not selling. Mayor Stokes opened the discussion among the councilmen by saying that he thought it feasible to place the issue on the ballot for the maximum amount whether it was an asking price or an appraisal as to put a lesser figure, have it pass and then not be able to purchase at that price would needlessly encumber bonding capacity. Councilman Fitzgerald questioned whether or not this would have any effect on litigation if the City tried to buy at a price lower than what the bond issue called for. Mayor Stokes suggested a compromise between the two figures, say- ing that combining the two into one package would permit the possibility of buying something less than the whole as needed. He said the City would need a free hand for negotiations as it did in the last bond issue. When asked by Councilman Fitzgerald as to the request from the Parks and Recreation Commission, the City Hanager reported on the several items and their priorities. Councilman Green noted that some $600,000 had been requested for a swimming pool and tennis courts at Memorial Park and asked how much it would be for each. Mr. Parham said that the pool would be approximately $200,000, four night-lighted tennis courts would cost about $32,000, which was included in the development cost estimate at $325,000. (, Mayor Stokes raised doubt as to the accuracy of the figures quoted and said he was not in favor of a pool in Memorial Park as there were many in the area now. He suggested the possibility of having several smaller neighborhood pools if the thought was to get maximum participation. He expressed his concern on one central facility in that it posed problems of adequate transportation within that City. He said he was more con- vinced now than ever that the facilities must be placed near where people are, rather than in a central area. He also questioned the feasi- bility of fully developing Memorial Park at this time. CC-49 page 3 amico and orse Ranch ppraisals [, ond Issue resentation y Mr. Storm iscussion pened by !ayor iscussion of wimming pool tennis ourts at emorial Park · , page 4 Minutes of the City Council June 22, 1970 CC-49 Unfinished Business Cont'd. comments by Mr.Parh~ Mr. Parham relayed the Parks and Recreation Commission's feelings on this matter in that a pool probably would be one of the busiest of the activities in the recreational area and pointed out the many different kinds of programs that could be operated in conjunction with such a facility. He said that most of the local swimming pools now were taken up with instructional activities rather than recreational. Councilman Fitzgerald said that he could not quite agree with the building of a central pool now, commenting that this area had more swimming pools than many others of like size. He suggested an educa- tional program on the part of parents to have the schools open up their pools for more participation by the general public. Councilman Green asked what the reason was for including the pool in the initial development plan. He said that if it was desirable then, what has made the difference now. Mayor Stokes said that the initial planning had included just about every facility that could be thought of, pending future discussions and evaluation when the time came near to actual de- velopment. Mayor Stokes further commented that he was not advocating doing away with Memorial Park as this was a decision by the voters. He was, however, be- coming reluctant to its full extensive development, thinking that it would ¡be used primarily by De Anza College population and the apartment dwellers ~on the area which were more transit in nature and not by the property tax payers who actually would have to pay for it. He said he, for one, would ote in opposition if the same measure was placed on the ballot today for the acquisition and development of a large central City park. November Bond Issue discussion ayor Stokes then asked the Council how they felt in general about a ovember Bond Issue election. Councilman Frolich said that it was his op~n~on that the assessor's office ad received more complaints this year than ever before. Regardless of hat the reason was for tax increases, many people are unhappy. What was eing discussed at this meeting would amount to some 50¢ if placed on a ¡tax rate. This is a rather sizeable amount and when added to the taxes for all other public agencies, it was almost too much. He thought that ~ successful passage of a bond issue would be an uphill battle. ouncilman Frolich continued by saying that tax payers look at the total ost rather than the individual parts of their ,bax bill. He offered that of the issue was defeated it would make it much more difficult to pass it in the future. He preferred a less ambitious program this Fall and if uccessful to go for the other features later. He pointed out that recent omments from neighboring residents of the Memorial Park area had indica- ted their fears that the park might not be developed according to plan. e thought that if the total area could not be developed, some means hould be found for partial development so as to allay those fears. He hought the Community Center Building in the park area was essential. Minutes of the City Council June 22, 197Q Unfinished Business Cont'd. Mayor Stokes said that he was of a firm op~n~on that the bond issue should be presented on a no-tax increase. He said the City will receive increased revenues from sales taxes and that the debt service would be paid from these sources. He agreed that there could be minimal but adequate landscaping of Memorial Park plus the Community Center Building which would make it a usable facility. He said the only way to determine reaction of the citizens on the Horse Ranch and Damico property acquisi- tion was to put it up to the voters. Councilman Frolich said that if it was to be placed on the ballot this November the City should do it in the best manner possible and not create failure for a tutal program just because of poor timing. Mayor Stokes said that he had confidence in the voters of Cupertino to recognize a good program. Finance Director Ryder commented that the discussions had been centered around a no-tax increase proposal, indicating that the needed revenues would be earmarked from the sales taxes. It was his opinion that this was poor fiscal policy and explained his disagreement with limiting flexibility by so stating. He suggested that it be referred to as com- ing from the general fund rather than from a specific source within the general fund. It would be alright for informational purposes but any legal restriction would work against the City's best interests financi- ally. Councilman Green offered the opinion that the swimming pool and tennis courts would cost more later than they would now and that this might be a good reason for including them in current plans. He said that if they are desirable they should be firmed up and put under contract. Costs will increase rather than decrease as time goes by. He also said he had some question on the Community Center Building as being the best thing for the City now and thought some decentralized facilities might serve a better purpose. To this Mayor Stokes said he was not opposed. Councilman Frolich said that if the issues were placed on the ballot separately, this would invite selective negative voting. He had some reservations on putting in a pool now as it was a rather permanent facility. He compared the ability to change landscaping as it was not permanent but it was difficult to undo a swimming pool. He suggested leaving the pool out, pending an assessment of its actual need. Councilman Fitzgerald said that the Community Center always had been the number one priority and he felt the same as the Mayor toward the full development of Memorial Park. He was not in favor of the swimr.1ing pool at this time. He suggested placing these issues on the ballot in two segments including the Community Center and the development of the Monta Vista and Stonydale parks in one and the acquisition of the two subject properties in another. Mayor Stokes agreed, saying that simplicity was essential due to the large November ballot and he was opposed to the lumping together of un- related things. C-49 age 5 consider bond issue on no-tax increase comments by Mr. Ryder dditional omments by ouneil memben page 6 general discussion motion to place two issues be- fore voters Minutes of the City Council June 22, 1970 CC-49 Unfinished Business Cont'd. Councilman Frolich said the City should stress the future development in reference to the acquisition of the two properties and the present or on- going development program for the existing neighborhood park sites. There then followed a general discussion among the Council as to possible cost for these facilities and what figures should be included as a question being put to the voters. The Mayor requested that the City staff prepare a report for submission at the next Council meeting on the staff's best estimates of costs based on the extent of development derived from comments made by the members of the Council. The preceding discussion then was summarized by Councilman Frolich in a motion which was seconded by Councilman Fitzgerald and passed unanimously. The motion was to place two issues before the voters at the General Elec- tion in November, one issue being for the construction of the Community Center Building and the development of existing park sites and the other issue to be the acquisition only of the Horse Ranch and Damico properties stated as not to exceed a given dollar value. 2. Authorization to issue warrant to State of California for $1,000.00 from proceeds of sale of duplex at 102l7-l022l Lowe Avenue. City ~~nager Storm explained the situation where the City had purchased this duplex from the State for recreational purposes and when it could not ~e used for this purpose had sold it for more than what had been the ~elling price. This was not permitted by the State and a compromise had een reached where the City would pay to the State the sum of $1,000 plus the initial $500 selling price, retaining the balance of the sale of $2,795.95 as compensation for maintenance during the interim period. City to pay State $l,OOOIt was moved by Councilman Fitzgerald, seconded by Councilman Frolich and from pro- ~assed unanimously that authorization be granted to issue the warrant for oeeds of ~1,000 to the State of California as being proceeds from the sale of the iuplex sale duplex at 10217-10221 Lowe Avenue. ew Business ~ Presentation of prototype for Library Plaza and possible I . decision on plans therefor. kr. Wilfred Blessing, the architect for the City Hall and the Library, said oresentationþe had been requested by the Council to develop some plans for a Library oy architect~laza which would tie in the City Hall and the Library. He presented 'olored slides of a prototype sculpture which would be situated in the iddle of a mall connecting the two buildings. He said there was included On the Library Bond Issue the sum of $20,000 for developing the Library ite. The balance of the estimate~ development cost was $91,000 which was 16,000 more than the original estimated cost of $75,000. This was due o the increase in the requested size of this Plaza and if that was taken Onto consideration, the total development cost would be within $l,OOO of .~~ \ Minutes of the City Council June 22, 1970 New Business Cont'd the original target. Mr. Blessing said that the cost included $ll,500 for the sculptor. Mayor Stokes thanked him for his presentation and said that the decision would be made at the budget session uhich \-lould be held at the next regularly scheduled meeting of the Council on July 6. 2. Award of time deposit of $175,000 for six month period. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that the sum of $175,000 be placed in a time deposit \-lith the Bank of America for a period of six I:1onths. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously that the City Council adjourn to a personnel session. The Mayor so adjourned the meeting at II P. M. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that the City Council reconvene in open session at 12 midnight, which motion was passed unanimously. 3. Resolution No. 2010: "A Resolution of the City Council of the City of Cupertino Establishing a Salary Schedule for Fiscal Year 1970-l971." It was moved by Councilman Fitzgerald, seconded by Councilman Green and passed unanimously that Resolution No. 2010 be adopted. 4. Resolution No. 2011: '~Resolution of the City Council of the City of Cupertino Establishing Rates of Pay for City Officers and Employees for the Fiscal Year 1970-1971." CC-49 page 7 decision to be made at July 6 meeting award of time deposit adjournment to personnel session reconvene Res. 2010 adopted It was moved by Councilman Fitzgerald, seconded by Councilman Green and Res. 201l passed unanimously that Resolution No. 2011 be adopted as recommended bYI adopted as the City Manager and as amended by the City Council. amended Adjournment It was moved by Councilman Fitzgerald, seconded by Councilman Green and so declared by Mayor Stokes that the meeting be adjourned at 12:06 A. M. APPROVED: M ATTEST: