CC 04-16-69
CITY OF CUPERTINO, StaLe of California
10300 Torre Avenue, Cup~rtino, California 95014
Phone: 252-4505
MINUTES OF THE ADJOURNED REGULAR MEETING Of THE CITY COUNCIL
HELD APRIL 16, 1969 IN THE COUNCIL CHAMBERS
CITY HALL, CUPERTINO, CALIFORNIA
The meeting was called to order at 7:30 P.M. by Vice Mayor Stokes who
subsequent ly led the assemblage in the ílag salute.
Vice Mayor Stokes advised that Mayor Dempster would be a few minutes
late and, accordingly, the Council would take care of a few business
matters out of order on the agenda.
Councilmen present: Bea'Jen, Fitzgerald, Stokes, Noel, Mayor Dempster
(7:35 P.M.). Also present: City Manager Storm, City Clerk-Finance
Director Ryder, Director of Public Works Yarbor'ough, Senwr Planner
Laurin, Parks and Recreation Director Parham.
At ther'equest of City Manager Storm, Councilman NOE·l moved and
Councilman Fitzgerald seconded that Resolution No. 1788 be adopted
authorizing the Mayor and the City Clerk to sign the grant deed for
the sale of the well property on Homestead Road. The motion was pas-
sed unanimously.
City Manager Storm reported 00. thE. latest development toward the ex-
tension of Mary Avenue, gIving as a prelude to this report the history
of past efforts and nE.gotiations. The City of Sunnyvale adopted their
Resolution No. 220-69 which gr¿mts permission for the deannexation of
the subj ect property. Sunn}'Vale also has agreed to contribute $22,500
toward the purchase of this land by the City of Cupertino. In turn,
Cupertino will contribute $15,000 and then annex the land, pr~paratory
to entering into an agreenlent with the State for the construction of
an overctossing above the freeway. Cupertino also will be responsible
for the construction of the street iu that area east of the freeway.
It was moved by Councilman FitzgeuÜd, seconded by Councilman Stokes
and passed unanimously, to instruct the City Manager to commence an-
nexation proceedings on the subject. prúpe.rty.
City Manager Storm reported that the State Highway Cünnnisslon was to
meet in San Jose the following day and submitted Resolution No. 1783,
requesting that the Council adopt it at this time. The Resolution re-
quests that the State Highway COTIunission iIml1E.diate1y appropriate suf-
ficient funds for the e,xter.sion of Hest Valley Freeway from its south
termínU8 to McClellan Road. It was sO moved by Councilman Stokes,
seconded by CounciL1ián Noe:l, and: passed unanimousl)" ~
Mayor Dempster recognized Mr. Al Cuter and requested that he present
to the Council the reason for t.hb Joint meetIng with the Chamber of
Commerce as haá been requeste.d a.t the last n.lleet1ng of t.he Council.
CC-9
call to order
f lag salute
roll call
Res. 1788
adopted
report by
City Manager
page 2
Chamber
budget pre-
sented by
Al Carter
Chamber
budget
approved
discussion
capital ex-
penditures
budget
Minutes of the City Council April 16, 1969
Mr. Carter then introduced the members of the Board of Directors of the
Chamber and explained the primary responsibility performed by each. He
also presented a resume of Chamber activities relative to public rela-
tions, the printing and distribution of City maps and brochures, copies
of advertisements having appeared in the Cupertino Courier, Sunnyvale
Standard, Business Week magazine and Electronic News, the direct mail
program and the standard industrial survey of which copies are available
to the City on request. He commented that the Cupertino Chamber of Com-
merce is represented at the County level and also at the State level
and he gave a statistical summary of responses to inouiries made of them.
Mr. Carter then submitted a proposed budget for the Chamber of Commerce
and requested that the City again contribute $15,000 toward it for fiscal
year 1969-70. At this point members of the Council queried Mr. Carter
on various aspects of the program.
Councilman Stokes expressed his concern on the lack of promotional acti-
vities affecting established businesses. He commented that the City
monies being contributed are raised from local taxation but that the
Chamber's efforts in the past have not been geared toward giving more
assistance to the local business establishments. He cited the lack of
Christmas decorations as a small example and wished that some effort
could be expended for the local taxpayer instead of directing it all to
the acquisition of new industries. To this Mr. Carter explained his feel-
ing of responsibility for the spending of City monies and had said that
this topic was of prime importance in the Board's deliberations.
It was moved by Councilman Noel, seconded by Councilman Beaven and passed
unanimously that the $15,000 as reouested be included in the operating
budget for consideration when that budget is being reviewed.
City Manager Storm opened up the discussion on the Capital Expenditures
Budget as presented by him, with the request that the suggested figure
of $60,000 for the improvement of Bubb Road be reduced to $40,000. The
difference was to have been the City's contribution for the development
of Bubb Road between McClellan Road and Stevens Creek Boulevard. He
added further that a tentative agreement had been reached with the County
for a County contribution of $2,500 toward the improvement of those por-
tions of the street that are within the County's jurisdiction. He said,
however, it still would be the County's responsibility to install a berm
in those areas. '
There then ensued considerable discussion relative to the City's role of
contributing toward the development of Bubb Road through the West Valley
Industrial Park. Councilman Stokes contended that such a project had not
heretofore been discussed and he saw no reason to initiate or to consider
this type of program. Mayor Dempster thought he remembered having dis-
cussed this during the public hearings on the rezoning of this property.
He felt, also, that the extension of the freeway would generate a consider-
able amount of traffic and that some consideration should be given to the
Minutes of the Ciry Council April 16, 1969
I
development of this str¿et. Councilman Fitzgerald remembered that such
a discussion did take place but that it was always his understanding I
that the developer would be t'equíred to put in the road through the In-
dustrial Park. Councilman Stokes explained his recollection that the I
extension of the freeway had little bearing on the extension of Bubb
Road and with the freeway extensi.on beíng at leas'[ three years away, !
this would coincide with the complete development of the Park so that i
both would be completed at approximately the bame time. I
Councilman f'itzger'ald pointed out that the discussion seemed to center'
,
a'round the íssue of v.;hether City money Of th2. developer's money was to I
be. used in the cons t!Uctlon of (rÜb street.
It was moved by COllncilman Stokes, seconded by Councilman Fitzgerald
'J,nd passed unanimously, lhat any mcnies in the proposed Cvpertino Ex-
p,enditures Budget for the extension of Bubb Road 1:htough the West
Valley Induatrìal Park be removed from consideration, as requested by
the City Manager.
Cìty Manager Stann reponed that plans for the improvement of Blaney
Avenue are ready to go to bid and that the City Staff was at present
'.v-",~yking with the property owners for the dedication of the necessary
rights-of-way. This project already has been authorized and he had
hopes of being able to submit a favorable progress report at the next
regular meeting of the City Counc1l.
I
i
i
The next it"", und"r consi.deration was the re<¡uested $50,000 to be i
SpEnt dUT.i,ng 1969-1970 for grad1n¿; and installation of some picnicking I
a.I'd baxbe.cue taci ~ities in the Hillside Park. Mr. Storm i..'..-ommented ;
that some test roo", facilit1es w0uld have to be provided and that the I
Couúc.il could consider, as an altexnativ£ t.o the paying of acreage.
fees LO the sanitary district, the installation of a septlc tank or
even as a. las t resort, thE: use ot chemical t.oilets.
Xayo!." DEJ.-npster stated thdt he Wd-& .:1.0 favor of proceeding with the de-
velopment of chI spar t lculai park ",hhh would in effect be very bene-
ficial to the residents on the west bide of the Cicy as those on the
easte.t:"l\ side already haå two c\.:;!l1plete.ly developed parks. Counc.ilman
Fit2g~':!ral¡j nvted that tÌi.e report. by t.he Parks and Recreation Commis-
s:ioa had given thIS pdrticulal' pr.oj êC'.t a rather low pr10rity ,;ihen
compared to other park developmeot plans.
At tJ~Is þOlnt Mr6. Wandry, past Cha1rman of r.:he Parks and P..ecreation
(,orr:r:lissJ.cf1, }:'equ¿s':i?d recognition tu make a statement, whic.h request
was gr:3:'1ted by the t·b_ya:r-. She ,)bs'erv€d that the previous consjdera-
tion by the COi,anissicn h&d bei:::~n gIven as. to h;:;w the most use could be
made of park 1aeJ.lit1es by the most pecp1e with what funds had been
avaIlable, She poInted out that the Commission had suggested that a
bond iSSUE: bt::> sub¡:ll.tted in Lhe near fur:..lte fo!' the complete dt:velop-
m,¡;::nt of !:'len,or J.d.l Pa:rk.
page 3
extension of
Bubb Road re-
moved from
consideration
comments by
CIty Manager,
Hillside Park
<:omments by
past chairman
page ".
I Minutes of the City Council April 16. 1969
Mrs. vJandry went on fl1rther to li.st some of t.he griE'vances ot th~=- Com-
ll1.iso:ion in that they fl::id not been asked for any recommendati.ons re-
lative to the development of the Hìl1side Park; that they had not been
asked for ä. reeoiT'Jnendatlon ati· to a landscape architect nor had they
been consulted on e,ny potential plans for the development of this park,
saying that this vas "Phil Stom,' b Baby" and fel t sorry, but the whole
COQ!ûission felt the same way.
comment by
Ma.yor
Mayor D~r.pstel interjected a caution on staying away Írom the involve-
ment of personalities. Mrs. ¡'¡andry then commented that she realized
peo~le in that area needed parks but felt that 2 development M~~orial
Park would be available far a greater number of people. She further
com.mented on the results of c.it~z,ens ~ surveys and stated that in spite
of their exp'l'essed desires, rtH~le would be 8. ten-year lapse from the
datE: vf purchase to t'he dev~dopment of the }1emorial Park at this rate.
Mayor Dempster pointed out that this could be true but that the Com-
rrdssion ha.d chosen to p'r-ess fur the development: of Portal and Wilson
Parks a year VI' so ago.
dh~c.ussiUl.1
Councilman FItzgerald offered that the Parks and Recreation Commission
had done a good job but that October of 1969 was an extremely bad time
for the sale of bonds. He thought that the Council would very much
! like to prooeed with s'"'ch a sale and the completion of Memorial Park
: but, because ot the bo,nd market~ they had no alternative but to pro-
ceed w::.:ch what was available and what was possible.
Councilman Stokes said that he had no doubt such a bond issue would be
st.:c-cessful but that this was not the entire ques-cion. Many other as-
pects had been consider-ed, such as l.í1terest rates and the exercise of
fiscal respomd.b:ilir:1.€s. He 58.1d t.he City Council agreed with the Parks
and Rec:reation Commission but ..::.ould not ~mplement their rec.ommendations
i at thís time. He said, ideally, he would agree to propose such an issue
!without anv tax increase. He observed that the Council had reduced the
, ,
tax rate last year dnd hdd hopes of being able co lower 1C again this
year, sho~1ing that the Council ],8 cognizant of Hs f Isoal responsibility.
}t.:l~'or Dempster s!Jfm!13t.ized what he thought was t.n.e. feeling of the Council
by saying thac 1~ ~dS nc~ possible for the Council co accept all reports
and recomn,endslions flam all COIT~iS5ions 100% of the time. He knew that
1 g,lI."'eat ¡;;ftQt ts were expenJed in the preparation of such reports, that
i these e.ffort:s I¡;ere sincerely d.ppn,~ciated but: that individual Commission
! membe.rs, singly O't c:ol1ect:ll,rely, should !lot become too sensitive 'to.'fhen a
i diff ere-nee of opiuion ca..:ue about.
,
Hi lIs ide .P:ilk: It was mo\'ed by CouClc1Lnan Bea\Jen, seconded by Councilman Stokes a.nd ap-
appropria- ! proved unanimously [[¡at $50,000 b~ appropriated toward the partial de-
I:.ton approv'-""d ve~lopment of the Hillside ParK.
The next. discuss lon c eütet ed a.t0und ttle. budgeting process. Councilman
Stokes ¿;,,':dd. that in his add1.ng up uf the various rec:'ommendations, it ap-
peared that a big flu,ctu3t10'O. was occurríll.g ìn the 8.mounts to be spent
I
Minutes of the City ("unci1 April 16, 1969
r page 5
from year to year. He questioned the method of budgeting, whether the
money saved toward a specific project, or if the funds, as they seeID
to indicate, have sufficient surplus at present that the City could
proceed on this type of time schedule.
City Clerk-Finance Duector Ryder. explained that such projects could
be financed either f,am revenues expected to be recE:1ved in any given
year or by the accumulation of monies from current projects and then
using the surplus, He said the fiscal history of the City has been to
ma.intaÜ1. a ste¿,idy td.;{ r'ate and to invest the surplus with a view to
nndert,a.king the 13.rv('.I:: projects such as '[he ones now under discussion.
He pointed out the usuäl pfocedure ünder a Capital Expenditures Budget
V.'as to appropriat.p- monies¡ for the coming fiscal year and adopt in princi-
ple a cuntemplated program for the next five-year period but without I
specif~c approptlatlons being made that. far ln advance. This then be- I
COUH::::S a recurring ,;;H,nÜ<:.iÌ process of !'eview and contínually adding an ad-
ditional year te: tht.', für~:..:ast LU allm~1 for changes in thinking and to 1
p~rmj,t subsequent Councils to interject their thoughts and ideas as
~t?L:..
cOnnTIents by
City Clerk
,
,
,
CouncilUi¿n Stokes Jnquir~d as to how múch flexibIlity there was, shoul~
th'H Council ~ri6h to move borne of the proj ects from one year to another·1
He wondered if they", was a sutfictent contingency available to permi t I discussion of
this. He gav", as "01 example a comi'llunity center building which could be I budget
used as a teen center and what would be the effect if this project was
moved up several yea.cs. !
~r. Ryder repl~ed that the City now has ample surpluses to begin almost
anyone of the contemplated projects but, natuëally, if such a large
6Y..pcnditulPwe:C€ [0 be made at an ea.r] let date the-re would have to be
reVi&.iDns 0".1 '[he planning for others.
¡V1r. St;~,nn explained lhB reason w:1.y he recommended delaying any bond
issue unt~l a~ least 1973-74~ He observed that the current bond mar-
ket was the highest ever with (he costs being prohibitive even if the
bonds CDuld be sold at a re'asonable rate of interest with the cost be-
ing met from the v~r~QüS tax revenues instead of jmposing any addi-
tional burden on the tax rate. The new Seats store would provide the
additional revenue in sales tax to accomplish this.
cOnnTIeuts by
City Manager
Storm
There t hen ensued e, discussIon on the surpluses of the General Fund
as anticipated for the next six-year period and concemplated capital
e&pendìtur~s beiLg made therefro~, shculd the recommendations as pre-
ser¡tc.:! be adopted.
Councilman Stokes observed Lhat he was not too much in favo'r of the
City jüst. collecttng and banking his moaey. He. said that if he, as a
citu',,, tlJ,xpayer, could exercise a preference it would be for him to
bank that portion of his tax money going into surplus in his own ac-
cOÜ.z~t rat:her 'than in the City·E'. He ð.sked ít it: would be possible to
page 6
comments by
Mayor
c ommen t s b~\7
Parks & Rec.
Director
Minutes of the City Council April] 6, 1969
eliminate the tax rate now levied for the debt service on the bonds
and to pay these costs from the General Fund sources.
Mr. Ryder replied in the affirmative, that this could be done. He said,
however, that current costs for these charges run about $90,000 per
year and it the Council wished to proceed along these lines that there
would have to be an alteration to the recoMmended Capital Expenditures
Program as submitted.
Mayor Dempster offered that consideration be given to approaching this
question by advancing the completion date for some of the more urgently
needeà construction projects and paying for them from the surplus,
leaving the tax rate as it is at present. He said this would accomp-
lish two things; namely, net increasing the tax rate in the future and
providing more improvements and better servic.e at an earlier date. He
cited the possibil.ity, although he did not profess personal approval,
of a police facility being needed sooner than had been contemplated.
This could come about due to the growth of the Clty's industrial complex
and the increase in Hs service area and population. He felt that any
available surplus would soon be used if this action was forced on the
City in the near future. He said he did not want to save for the sake
of saving but that caut.ion should be used in getting rid of any surplus
without giving serious thought to other uses to whlch it could be put,
such as building a teen c.en ter much sooner than had been proposed.
Counc.ilman Stokes commented that on reflection of the question he agreed
with Mayor Dempster'a idea and would reverse his posltion. He thought
the Yayor· s suggestj'_ù¡.~ had more merit, letting the tax rate stay as it
was and to spend a pcssible $350,000 of the surplus for the construction
of a community center building.
In response to a questim.1 of possible Federal participation, Parks and
Recreation Director Parham replied that any possibility of a Federal
grant was extremely doubtfü.l. Participation no'!,.,~ by the "Federal Govern-
ment was limited to 12 1/2% and consideration was being given only to
those areas having severe soc.ial problems.
Councilman Fitzgerald suggested the possibility of moving up the installa-
tion of the traffic signal at Highway 85 and Rodrigues Avenue. Mr. Storm
stated that the State of California will not now permit it but had agreed
to review the situation after the completion of the library buìlding.
Mayor DeTIwster askeà Mr. Parham it he had conducted surveys of other areas
and jurisdictions as to the purposes being served by such a community
buildìng. Mr. Parham responded that he had conducted exhaustive surveys
and added that there was an urgent need right now for such a facility. He
pointed out the cOD.'plete laek of any type of "drop-in" center, saying that
even tholJgh the Recreation DepartmeDt now operates 53 separate facilities,
all of these are Of! 2 programmed basIs. He recommended the phasing method
of constructing sucb a btÙlding, beginning immediately.
Minutes of the City Council April 16, 1969
page 7
It was moved by Councilman Stokes, seconded by Councilman Fitzgerald
and passed unanimously that the Parks and Recreation Director and
the Parks and Recreation Commission proceed immediately on prepara-
tion of a report to the Council as to how to phase out the develop-
ment of a community center building, what facilities would be included
and also, ,what the prospeçts were for any type of. Federal assistance.
The report is to be submitted as soon as possible.
Mr. Storm then briefly introduced the remainder of the capital expend-
iture items as listed on his report.
Public Works Director Yarborough commented that the proposed intersec-
tion of Stevens Creek Boulevard and Phar Lap Drive was one of the more
pressing problems insofar as traffic engineering was concerned, due to
the safety factor.
City Manager Storm replied to Councilman Stokes' question that this
budget as submitted did not include any provision for the underground-
ing of utilities as such a program would involve several millions of
dollars. He likewise replied to Councilman Beaven's question that
improvements to the water system were not included as, after the
completion of the current water tank project, the Water Department
would need some two years to build up a sufficient surplus to under-
take any further major improvement program.
comments by
City Manager
Mr. Storm then inquired as to the Council's thinking on the develop-
ment of the Library Plaza in conjunction with the building of the
library facility. He thought that the new Library would either go to
bid or that construction would be underway by September, 1969, and, if
the Council so wished, the Plaza could become a part of this project.
It was moved by Councilman Stokes, seconded by Councilman Fitzgerald
and passed unanimously that the City Manager contact the Library
Architect to determine the possibility of development in conjunction
with the Library building, the estimated cost of such a project, what
fees would be involved and any other pertinent information.
It was moved by Councilman Beaven, seconded by Mayor Dempster and
passed unanimously that the Council adjourn.
The meeting adjourned at 9:48 p.m.
adjournment
ATTEST:
6 g(2,-
City Cler