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CC 09-02-69 CITY OF CUPERXINO, State .ofCAlifo~rnia 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD SEPTEMBER 2, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. The meeting was called to order at 8:03 P.M. by Mayor Dempster, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Fitzgerald, Noel, Stokes, Dempster. Alsò present: City Attorney Anderson; City Clerk-Finance Director Ryder; Planning Director Sisk, Public Works Director Yarborough; Senior Plan- ner Laurin; Director of Parks and Recreation Parham; Recording Secre- tary Betty Dorris. Councilman Stokes moved, Councilman Noel seconded and it was passed un- animously to approve the minutes of the August 18, 1969 meeting. City Clerk-Finance Director Ryder advised the Council of the receipt of a written communication from the League of California Cities stating that they would like to have the names of the voting delegate and alter- nate from Cupertino in advance of the annual League Conference in San Francisco, September 28 through October l, 1969. Heretofore the dele- gate has been the Mayor, with the Vice Mayor as alternate. Councilman Stokes moved that this request be complied with; Councilman Noel second- ed and it was passed unanimously. Mr. Leo Michaud of 10408 Normandy Court, Cupertino, representing the City-County Transportation Committee, introduced Mr. Holmes Crouch, Chairman of this Committee, who w~shed to present an argument against Measure A. Mayor Dempster suggested that copies be made of the written argument and presented to the Councilmen for their information. Council- man Noel moved that this argument be read to the Council by Mr. Holmes inasmuch as the same opportunity was granted to the County Executive whQ.sp~ke in favor of the measure. Motion was ~econded by Councilman Stokes and passed unanimously. The argument opposing Measure A was then read and copies of the various materials were given to the City Clerk who was requested by Mayor Dempster to have them reproduced and given to the Councilmen. Mr. Ronald Wright, l0769 West Estates Drive, gresident of the Cupertino Jaycees, presented for consideration copies of the Resolution passed by their organization on August 26, 1969 opposing the swap or sale of park property by the City and urging the purchase of the Horse Ranch and Winery properties for addition to the Cupertino parks system. Report of Commissions A. Planning Commission Application l5-U-69 which had been recommended for approval by the Plan- ning Commission with two additional conditions was briefly discussed and was passed unanimously upon the motion of Councilman Fitzgerald artQ second of Councilman Noel. CC-21 call to order flag salute roll call approval of minutes written communication oral presentation l5-U-69 approved page 2 Minutes of the City Council September 2, 1969 Report of Commissions cont'd. l7-TM-69 City Attorney Anderson brought the Council up-to-date on Application 17-TM-69, explaining the lawsuit involving disputed ownership of this property and giving the City's position in the matter, stating thè problems that could result concerning street dedications should the Tentative Map be approved and the applicant proceed before ownership is legally determined and the deed on this property cleared. This application was presented by Mr. Don Eaton, representing Skaggs presentation Pay Less Drug Stores. He stated the applicant felt that they meet tbe basic requirements as owners of record and could see no liability to the City in view of the offered Hold Harmless Agreement with Pay Less. Mayor Dempster pointed out to the applicant that, even though the Council should approve this Tentative Map, the Building Permit could not be issued until all dedications are made. comments by city attorne l7"TM~69 deferred 20-TM-69 approved 426-HC-69 approved Mr. Sanford ~erliner, Attorney with the law firm of Berliner, Roach, Flaherty and Rice, 12 South First Street) San Jose, came forth and stated that he represented the plaintiff, Mr. Billawala, in his law- suit against pay Less, P-W Super, Transamerica Title and two indivi- duals. Mr. Berliner stated the allegations his client is making and said he had requested the court to expedite this case. City Atto~ey Anderson pointed out the alternatives he felt the City had in this matter. First, the Council could wait until there is no cloud on the property title; secondly, they could proceed on the assump- tion that the title is clea~ or, thirdly, they could compromise somewhere in between these first two alternatives, accepting a Hold Harmless Agree- ment, and following the same plan used in the Central Park dispute. Councilman Fitzgerald moved that the Tentative Map be deferred until such time as this disputed ownership could be cleared. Councilman Noel sec- onded the motion and it ~aS passed with the following vote: Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Noel Councilmen Stokes, Dempster None After a brief discussion of Application 20-TM-69, Councilman Fitzgerald moved for approval¡Councilman Noel seconded. Ayes: Noes: Aòøœ ¡¡: Ablilent: Councilman Fitzgerald, Noel, Dempster Councilman Beaven Councilman Stokes None B. Architectural and Site Approval Committee Application 426-HC-69 was presented by Mr. Kipp of Dennis Burrow Architects. After some discussion, Councilman Stokes moved that this application be approved. Councilman Fitzgerald seconded and it was passed unanimously. Minutes of the City Council September 2, 1969 Architectural and Site Approval cont'd. Application 432-HC-69 was approved unanimously upon a motion by Council- man Stokes and the second of Councilman Fitzgerald. Mayor Dempster called a recess at 9:20 P.M. The meeting reconvened at 9:37 P.M. Public Hearings A. Ordinance No. 447 Mr. Ronald Wright, President of the Cupertino Jaycees, spoke in opposi- tion to Ordinance No. 447, as currently writte~ for two reasons: First- ly, he felt the number of permits to be issued is unreasonably low and secondly, that the method of selection of applicants is vague. He stated that when the number "five" was set for applications in 1962, the population of Cupertino was 6,000. It is now l7,000 and he propos- ed that the number be set at ten. Councilman Beaven moved, Councilman Fitzgerald seconded and it was pass ed unanimously to close the public hearing. After considerable discussion, Councilman Stokes moved to amend Ordi- nance 447 to~ovidè,that anyone who wishes a permit to sell fireworks shall make application to the City, stating the type of organization they are, where they intend to construct the fireworks stand, and complying with any other requ~rements in the Ordinance; and, that these applications be screened and the City Council draw by lo~ five of the approved applicants and issue permits. This motion was seconded by Mayor Dempster and defeated by the following vote: Ayes: Noes: Absent: ·Councilmen Stokes, Dempster Councilmen Beaven, Fitzgerald, Noel None After more discussion, Councilman Fitzgerald moved Ordinance 447 be amended to permit issuance of fireworks permits, not to exceed ten, with the five existing permittees to be given permits and the other five being decided by a draw. Councilman Beaven seconded and the motio was passed as follows: Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Dempster Councilmen Stokes, Noel None B. Ordinance No. 220(k) Mr. Gerald Puetz, Chairman of the Planning Commission, gave the back- CC-21 page 3 432-HC-69 approved recess ord 447 p.h. closed Ord 447 amé.tlged page 4 ord 220(k) p.h. closed oni 220 (k) passed ord 446 enacted res 1861 adopted res l862 adopted res. 1863 adopted res 1864 Minutes of the City Council September 2, 1969 CC-21 Public Hearings cont'd. ground on this ordinance regulating Light Industrial Zones. Mayor Dempster inquired if there had been any changes on setbacks. Senior Planner Laurin replied that there had been - to provide for 25' in front, 15' sides, and 20' rear yard. Councilman Noel moved, Mayor Dempster seconded and it was passed unani- mously to close the public hearing. Councilman Fitzgerald, moved, Councilman Noel seconded and it was passed unanimously that Ordinance 220(k) be passed on first reading. Ordinances and Resolutions A. Ordinance No. 446 Councilman Noel moved that Ordinance No. 446 be enacted, Councilman Fitz- gerald seconded and it was passed unanimously. 1. B. Resolutions No. 1861: approving payroll for period ending August 26, 1969. City Treasurer Fitzgerald presented the Resolution. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Noes: Absent: 2. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None No. 1862: approving mis~e1laneous and general expenditures. City Treasurer Fitzgerald presented the Resolution. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Noes: Absent: 3. Councilmen Beaven, Fitzgerald, Noel, Dempster Councilman Stokes None Councilman Noel moved for adoption, Councilman Fitzgerald seconded. accepting quitclaim deed and authorization from First Valley Corp. Ayes: Noes: Absent: 4. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None No. 1864: approving final plan for the improvement of frontage at Stevens Creek Boulevard east of Miller Avenue by First Valley Corporation; authorizing the City Engineer to sign the final plan; and authorizing execution of agreement in connection therewith. Minutes of the City Council September 2, 1969 Resolution No. 1864 cont'd. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None 5. No. 1381-47: Ordering transfer of funds from De Anza Improve- ment District 66-1. Councilman Noel moved for adoption of this Resolution, Councilman Stokes seconded. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None Unfinished Business Councilman Beaven moved that the Hillside Park be named Philip W. Storm Hillside Park and presented his reasons for so doing Councilman Fitzgerald reminded the Council of its previous policy of not naming any public works structure or park for an individual. Councilman Noel stated he was not yet ready to name the park, although he was not making a specific objection to the name as proposed and moved to continue the matter for sixty days. Mayor Dempster seconded the motion for continuance and it was passed unanimously. New Business Councilman Noel moved that the request of the Fine Arts League to use the basement of the City Hall for their Historical Landmarks Exhibit between October 18 and October 26, during the hours of 1:00 P.M. and 5:00 P.M., be granted subject to the conditions imposed last year. Councilman Stokes seconded and the motion was passed unanimously. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager (absent) C. City Attorney City Attorney Anderson reported on his meeting with the Attorney General and the status of the pending litigation on the Cordova an- nexations. C-2l age 5 es 1864 dopted es 1381-47 dopted aming of illside ark ontinued istorical andmarks xhibit page 6 recreation change fund established personnel session adjourmnent Minutes of the City Council September 2, 1969 CC-21 D. Director of Public Works The Director of Public Works gave a review of the progress on the City projects now under construction. E. Director of Planning There was no further report from the Director of Planning. F. I Chief Building Inspector (absent) G. Parks and Recreation Director There was no further report from the Parks and Recreation Director. H. City Clerk-Finance Director City Clerk-Finance Director Ryder requested permission to establish a change fund for the Recreation Department of $50.00 to be used by the Director of Parks and Recreation, exclusively, for the refund of fees paid by citizens for classes, etc. in which they have been unable to participate. Mr. Ryder also requested a change fund of $10.00 per play- ground for purchases of ice cream, etc. by the Recreation Supervisors for resale to the children. Each fund is to be under the explicit con- trol of the Director of Parks and Recreation and to be returned to the City Treasury when the playground is not being actively supervised at the end of a season. Councilman Fitzgerald moved, Councilman Noel seconded and it was passed unanimously that this request be granted. The Finance Director reported that Resolution 1381-47, adopted by the Council at this meeting, closing out the De Anza 66-1 Construction Fund, will become effective September 24 when time deposits come due. He also reported that the City has already received the first installment of the HUD grant of $106,380.00 for Water Tank construction. Repayment will be mads to the Water Department Maintenance and Operation Fund and then to the General Fund, from which cash advances have been made to meet con- struction expenses. Mayor Dempster adjourned the meeting to a closed personnel session of the Council at 10:20 P.M. The open Council meeting was reconvened at ll:34 P.M. after which, by unanimous consent, the meeting was adjourned. - ATTEST: ,~~f2- APPROVED: