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CC 07-15-68 CITY OF CUFERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Fhone: 252-4505 MINUTES OF 'THE REGULAR MEETING OF THE CITY COUNCIL HELD JULY 15. 1968 IN 1"IIE COUNCIL CHAMBERS, CITY HALL, CUPERTINO. CALIF. The meeting was called to order at 8:00 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute, Councilmen present: Beaven, Dempster, Fitzgerald, Stokes, Noel. Also present: City Manager Storm; City Attorney Anderson; City Clerk-Finance Director ~der¡ Director of Public Works Finney¡ City Engineer Boyd; Senior Planner Laurin¡ Assistant Planner Nuzum; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M, Matzley. Councilman Dempster moved, Councilman Beaven seconded to approve the minutes of the July 1, 1968 meeting as submitted. The motion passed 4 - 0 with Councilman Stokes abstaining. City Clerk Ryder advised the Councilmen of the following written communications: 1. Letter from Louis Stocklmeir, City Historian and President of the Cupertino Historical Society, thanking the City through the Mayor for having attended the placement of landmark #800; A petition listing 34 citizens' signatures in protest of the noise, gaudy appearance, debried surroundings, etc., to be found in the vicinity of "Stella's" tavern on McClellan Road; A petition listing the signatures of 104 citizens, requesting that the City take immediate action to install traffic signals at Voss Avenue and Foothill Boulevard; Letter from Mr. John Hanahoe, requestiDg a postponement of the appeal hearing øa Application 15~Z'68 to the next meeting; Letter from Attorney Dreyer, representing the applicants for Applications 16=Z~68!14œU~68, requesting a poatponement of that appeal hearing to August 19, 1968; 6. 60 7. Two letters in connection with the Cupertino Hills Swim and JIacJp1et Club matter to be heard later in the evening. Mr. ~der suggested that these letters be discussed in COD- junction with the Application, The Council agreed, 8. 60 9. Letters in connection with Item VI D., 1. and 2" under "Public Hearings", Again, Mr. Ryder asked that these letters be discussed at that time, The Council concurred, Letter from Mr, Michael McGuire, representing Southland Corporation, The Council ruled that this letter be heard in conjunction with the matter as listed on the agenda. 2. 3. 4. 5. 10. . CC- 20 call to order flag salute roll call minutes approved written communi- cations page 2 15- ~ 68 postponed 16-Z-68/ 14- 0- 68 postponed matter referred additional communi- cation correspon- dence filed report an improvements protest by audience member request for re-schedule legal opinion directive Minutes of the City Council July 15. 1968 CC- 20 Written Communications cont'd Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously that the appeal hearing for Application 15-Z-68 be post- poned to the next meeting. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to postpone the appeal hearing for Applications lG-ZF68/ 14-0-68 to August 19, 1968. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously that the matter of the traffic signals be referred to the City Manager. ODe additional communication had been handed the City Clerk, who read the letter received from Keith D. Bower to the Council. This letter was in connection with the heavy traffic on Bubb &Dad and that street's improvement. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that the balance of the correspondence be filed, Councilman Stokes requested that the staff make a report on the pre- viously requested study for the Bubb &Dad improY.~~t, City Engineer Boyd stated that negotiations had been undertaken with both the City of San Jose and the County of Santa Clara in an attempt to gain the cooperation of either jurisdiction in this matter. Mr. Boyd regretted that all attempts ~œ been to DO svail but reported that the City of Cupertino was now preparing improvement plans for that portion of·Bubb Road within the City limits, Mrs. Anne ADger of 10185 Empire Avenue, Honta Vista, addressed the Council protesting the appearance of four demolished cars located on the lower portion of Lowe Avenue, The members of the Council referred this matter to staff. Mr. B. G. Bonzecki asked tbat the hearing fòr Application 15-Z-68 be re-scbeduled from the next meeting, to which it had previously been postponed, to a meeting sometime in September so that more interested citizens could attend the hearing. City Attorney Anderson stated that the Councilmen had passed on this matter previously and that the hearing would be heard at the specified time. However, the interested parties could leave their B8meS aDd addresses with the City Clerk in order to be informed of a possible change in the hearing dates. Councilman Dempster suggested that the City Manager contact Mr. Hanahoe to see if he would be willing to place the matter over until the later part of August or the beginning of September. I Minutes of the City Council July 15~ 1968 Report of Commissions A. Planning Commission Planning Commission Chairman Frolich presented the minutes of July 8. 1968 and said that he would be happy to supplement inforuF ,atil.mr wbellever it was needed but that he had nothing to add to the minutes at this time. Mr. Robert M. Erving presented Applicatí.on l5-TK-68 for a Tentative Map for three lots located at 20100 Stevens Creek Boulevard, approx- imately 2.75 acres, which Application had been approved by the Plann.ing Commission uDder Resolution No. 540. CC- 20 page 3 minutes presented 15-~68 legend Councilwan Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that this application be heard in conjunction with the action taken at the H Control meeting of June 26, 1968 hearing under Application 348-HC-68. City Attorney Anderson directed that combined the minutes show that the applicant apptovtld, of this combined hearing. Mr. Erving asked that three matters be specifically considered, 1) to allow deferment of the construction of the required 6' masonry wall until such time as development of the property behind the site is underway, 2) that the barricade as recommended by H Control be changed from that location to a location next to Blaney Avenue to render access for motorists impossible, 3) that the 2'6" planter along the entire length of the property, i.e. 338 feet, be deleted as a requirement. Councilman Stokes stated that he tended to agree with Mr. Erving that the installation of the 2'6" landscaped area across the entire length of the property might place an undue hardship on the appli- cant, that the maintenance of this strip would be difficult, and that perhaps several planted trees would serve H Control's purpose as well as being aesthetically more attractive and easier to maintain. Upon being requested to do so, H Control Chairman SmaU explained the reasoning behind the request to landscape the entire length of the property, maintaining that it had been the feeling of the Committee members that the "sea of blacktop" should be broken up by something attractive . Mr. Small agreed that planted trees would probably serve the same purpose. City Attorney Anderson cautioned that a cash deposit or a surety bond would be necessary if the deferment of the masonry wall were allowed. specifics outlined requirement discussed reasoning explained counsel cautions page 4 15-TM-68 approved with conditions h control minutes approved suggestion alternat1'Jê approved parks joint meeting councillllall disagrees Minutes of City Council July 15, 1968 Application 15-TM-68 cont'd CC-20 Councilman Stokes moved for approval of Application 15-TM-68 with the conditions as set forth by H Control and the Planning Commission, that the masonry wall requirement be deferred and that a surety boDd for same be deposited with the City, that the 2'6" strip of landscapiq be deferred at this tillM! until final landscapiq plans are submitted, and that the barricade fence be constructed on Blaney Avanue. Councilman Dempster seconded and it was passed unanimously. B. Architectural and Site Control Co.mittee H Control Chairman Small presented the minutes of July 10, 1968. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that the minutes of July 10, 1968 of the Archi- tectural and Site Control Committee be approved as submitted. Councilman Dempster suggested that the City Council consider sub- stituting the 6" concrete berm requirement in the 12 Standard Conditions of H Control with a requirement for a three brick width curb in areas where no cars would strike the landscaping, and that this alternative should be left ¡Octhe discr.~ion of applicants. Councilmam Dempster moved that this alternative be included in H Control's 12 Standard Conditions and that the staff be','directed to initiate the necessary verbiage to include this alternative only when and where the parking of aut01llObiles are not involved. Councilman Fitzaerald seconded and it was passed unanimously. C. Parks and Recreation C~.íJil.on Parks and Recreation Commission Chairaan Sedlak presented the minute. of July 10, 1968. Mayor Noel requested that the Parks and Becr.ation Commission meet in' joint session with the City Council at 7:00 p.m. on Monday, August 5, 1968 and that the architect for the parks buildin¡s be present at that meeting and prepared to discuss plans for the buildings. Councilman Stokes stated that he had been absent at the last meeting of the Parks and Recreation Commission and that he was in disagreement with that body's recommendation relative to the Hillside Park appropriation, maintaining that funds were scarce and should certainly not be spent to obtain preliminary plans for all three parks. Minutes of the City Council July 15, 1968 Parks Commission Report cont'd Councilman Dempster moved that a meeting be arranged with the architect as suggested by the Parks and Rec~eation Commission, so that the building plans can be discussed further. Councilman Beaven seconded and it was passed unanimously. In order to clarify the questions of the Parks and Recreation Commission relative to the location of the Parrish House, it was felt that this matter should be discussed with the City Manager, who had recommended it, rather than be addressed to the Council. Public HeariIl ?;s A. Applications 16-Z-68/14-U-68 The discussion of these matters had been postponed to August 19, 1968 earlier in the meeting. B. Application 265-He-67 for s single faced national identity sign to be installed at the Speedee 7/Eleven store on Bubb Road. Appeal from denial by H Control on June 26, 1968. CC- 20 page 5 1 meeting requested ¡ i II parrish house ! I ! ! , I ! 16-Z-68/ 14-U-68 postponed 265- He- 67 legend Mr. Michael W. McGuire, Zone Manager for the Southland Corporation, presented the application, asking that the store be permitted to install a 4' x 4' sign on the building facing Bubb Road. Mr. McGuire asserted that the installation of this sign was necessary to attract business and that it was the chain's national advertising and identification sign. ¡ Mr. Robert Burke of 929 Bubb Road, a member of the audience, stated I that sometime early in 1967 the residents living in the York Town I subdivision had strenuously objected to the construction of the store, that the building was ultimately turned a 90 degree angle audience " "...., 1"'" ".. 00Ud.. in" ,.. ...... " ""'"""" . ......,. neighbors, and that the problems encountered with the 7/Eleven store! had been many and varied. Further, that in the original approval 'I certain conditions had been imposed on this store and that the homeowners of York Town subdivision insist that the applicant adhere I to these restrictions. ¡' Upon being questioned by Councilman Dempster whether Mr. Burke db- , puted the very existence of the sign or merely its location, Mr. ! questions Burke stated that he had no argument with the sign itself but with ¡ answered its present bright and ludricous lighting up of the entire area. ' Mr. McGuire asked that he be supplied with a copy of the minutes ¡ at which time the original conditions were imposed. Councilman I request for Dempster stated that the original applicant had agreed to the condi- ~ copy of tions set forth at that time and that the present store owner and/or 1 minutes manager would have to adhere to those conditions now and at any time ¡ in the future. j present- ation ) , ~ _.1_ page 6 discussions audience comments statements by former member of H control lIIinuCè$ (:0 be made avail"b b directive 26S-HC-67 denied 15- Z- 68 postponed Minutes of the City Council July 15, 1968 Application 265-HC-67 cont'd cc- 20 Considerable discussion ensued on the subject of the sign and its placement as well as the allowable wattage. Councilman Dempster maintained that the building permit for this store would never have been issued had the landowner not had previous zoning on that parcel of land and that he, personally, did not intend to allow a sign on Bubb &oad with which the surrounding neighbors are more than unhappy and that he would insist that this structure is kept in a fashion least offensive to the surrounding area. When Mayor Noel asked for audience cOllllllents, Mr. ~n Larson of 884 ~annisport Drive stated that the original approval had called for "no internally illuminated" signs and that, as far as identification was concerned, everyone within a radius a five miles knows where the store is located. Mr. Keith Irwin, a member of H Control at the time of the original approval, explained that the Committee had not been against the sign as such but had insisted upon a light other than one internally illu- minated and had suggested that a light be placed within the land- scaping, inoffensive to the surrounding area. Mr, Irwin thanked che Council for upholding H Control's decision and its apparent appreciation of the many hours of discussion which this application in its controversial nature had necessitated. When it became apparent that the meeting minutes of the origil>nal approval could not be found at this time. Councll..an Dempster suggested that these minutes be lIIade available and that the applicant and the Chief Building Inspector work together in an attempt to arrive at a solution that would not only be feasible but one considering safety factors as well. Councilman Dempster moved that the staff search out the minutes with the original conditions placed on this Application prior to this applicant's further expenditure of money, time and effort to initiate another sign. Councilman Stokes seconded and it was passed unanimously. Councilman Stokes moved to deny Application 265-HC-67 with the proviso that a filing fee would not be necessary should a re-application be considered by the Southland Corporation, Councilman Dempster seconded and it was passed unanimously. C. Application lS-Z-68 This matter had been postponed to the next regular meeting earlier in the discussions. Minutes of the City Council July 15, 1968 Public Hearings cont'd D. 1. Application 14-Z-68 for rezoning of approximately 2.75 acres located south side of Forest Avenue, bounded by Vista Avenue and Randy Lane from Residential single- family lO,OOO sq. ft. lots (R1Q10) zone to Residential Duplex (R2-4.25) zone. Appeal from denial by Planning ! Commission on June 12, 1968 submitted by Thomas Hender- son representing Pete and Joseph Camarda. , 2. Application l3Q~68 for Tentative Map of approximately , 2.75 acres, located as listed above. Appeal from denial "~~. I ûpon receiving the applicant's approval, Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that both appltcations be considered at the same time. !1r. Tom Henderson, Civil Engineer, presented both applications and explailléd,[ that a rezoning from 10,000 sq.ft Lou to 8,500 sqoft. lots was proposed. Mrs. Juanita McLaren, Realtor, addressed the Council stating that she represented a developer of nearby property and registered ob- jections to the rezoning as detracting from what had been planned for the future. Mr. Pete Camarda, one of the property owners of the site under discussion, explained that, contrary to Mrs. Mclaren's contention, no precedent would be set by a duplex construction upon this pro- perty, and that no other construction was planned at this time for the remaining property under his control. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that the public hearing be closedo The Councilmen, jointly and individually, expressed their thoughts on the proposed duplex construction, maintaining that this zoning would have to start somewhere in the City, that the available property was close to Highway 9 and surrounded by commercially zoned property, and that there was no reason why this site should not be zoned to duplex residential. Councilman Fitzgerald moved to approve Application l4QZF68, Council- man Stokes seconded. Ayes: Councilmen Bea~en, Dempster, Fitzgerald, Stokes, Noel Noe s ~ None Absent: None CC- 20 page 7 14-Z-68 legend 13-TM-68 legend joint consider- ation pre sent- ation realtor's objection owner · s comments poh. closed opinions expressed 14- z.. 68 approved page 8 13- TM- 68 approved recess 15-U-68 legend objections stated counsel re- presents homeowners objections enumerated cOlllDents in opposition Minutes of the City Coundl July 15, 1968 14-Z-68/13-TH-68 cont'd CC- 20 Councilman Fitzgerald moved, Councilman Stokes seconded to approve Application 13-~68. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: NODe Absent: NoDe Mayor Noel called a recess at 9:50 p.m. The meeting reconvened at 10:06 p.m. E. Application 15-U-68 for a Use Permit to operate a Swim and Racquet Club on approximately 4 acres, located S.W. corner of Rae Lane and extension of Linda Vista Drive. Approved by Planning Commission on JUDe 24, 1968, hearing of appeal submitted by Mrs. Vincent Franzella of 10951 Rae LaDe. Because the approval by the Planning COIIIDission had been appealed, Mayor Noel directed that the opponents to the proposed construction voice their objections first. Mr. Franzella stated that his objection was based upon considerations of additional traffic problems, non- accessability to public roadways and his concern of being unable to rent his income property if the construction were permitted. Attorney Jeff Parrish, representing the property owners immediately adjacent to the proposed site, stated that his clients had a genuine interest in this matter as they lived in the immediate proximity and that he was pleading his case for these citizens as well as for the people who will eventually move into the Ditz-Crane subdivision who, at this point, have no voice in the matter. Mr. Parrish maintained that the objections were not to the club as such but to the proposed site and continued to list major areas of specific concern such as additional traffic problems, high density, iDevitable noise created by outdoor activities, probable liquor consumption at adult functions in the clubhouse and the approved hours of operation. Relative to a contention of insufficient recreation areas, Attorney Parrish named such available facilities as those in neighboring high schools, De Anza College and Blackberry Farm and emphasized that, should the Council see fit to approve this application, more rigid restrictions in connection with the consumption of alcoholic beverages and the hours of operation would need to be placed on the approval. Additional members of the audience addressed the Council after the attorney's presentation, all of whom opposed the construction of the Cupertino Hills Swim and Racquet Club at the proposed site, repeating the reasons which had Deen outlined to the Council by other opponents. Minutes of the City Council July 15, 1968 15-U-68 cont'd Mr. Harry Mueller, a member of the Board of Directors of the Swim and Racquet Club, and Mr. Dick Willis, president of the club, made their presentation, repeating that much thought and work as well as considerable time, effort_and expense had been expended in finalizing the plans for the club, that the stringent restrictions imposed by the club itself would prevent all offensive acts on the part of the club members, that the 23 conditions as listed by the Planning Commission's approval were agreeable and would be adhered to, and that no problem areas had been overlooked; in fact, most all of them had been avoided through careful planning. Mr. Willis showed the location and physical lay~out of the club by use of a plot plan and rendering which showed extensive landscaping designed to screen most of the noise from surrounding areas. Mrs. RGger Johnson of 1157 Sesame Drive, Sunnyvale, presented a statement signed by numerous homeowners who live directly adjacent to, and within 20' from the fence of, a similar club on Hollenbeck in Sunnyvale. The statement outlined that the noise level created by that club was in no way beyond the normal level, it was not in the least offensive to their way of living, and that the club had materially added to the values of their properties" Further, that potential homeowners had been convinced to buy properties by the very virtue of having a club close by and the membership in 'same included in their purchase agreement. Mr. Ken Larson of 8099 Hyannisport Drive, Cupertino, stated that this facility was sorely needed in this area, that recreational facilities are at a minimum and almost non~existent because of the available facilities' prior commitments to accommodate their own functions as well as their inability to supervise non-school functions. Mr. Larson contended that this plan had received thorough researcþ, thought and planning on the part of the responsible in- dividuals and a favorable decision from the City Council was earnestly solicited. Messrs. Grantin Hogan and Dave Shanding agreed with Mr. Larson's statements and asked that the City Council consider this application favorably. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that the public hearing be closed. Councilman Beaven stated that he was of the opinion that the City Council would have to make a decision to benefit the greatest number of citizens and that it was apparent that the proponents outnumbered the opponents by a large margin. He felt, however, that certain restrictions should be imposed and suggested that, in addi- tion to the 23 conditions imposed by the Planning Commission, a condition should be stated by which the sale of alcoholic beverages by the club would be prevented, that the club shall not apply for a liquor license, and that a 12 midnight curfew be considered as opposed to the 1:00 a.m. deadline for opeI'ating hours. CC- 20 page 9 present- ation by club officials proponent,', s statements approval solicited p.h. closed statements by councilman page 10 councilman expresses opinions populac1on growth cited 15- u~ 68 approved with conditÜm2 ordinances Ord. 406 second reading hearing re-opened fee questioned manager's contention Minutes of the City Council July 15, 1968 CC- 20 lS-U-68 cont'd Councilman Stokes found himself in almost complete agreement with the statements made by Councilman Beaven, stating that he had approved of tbe previous location and approved of the present location as well, but that he, also, would insist that there be no sale of alcoholic beverages although, in his opinion, the matter of tbe liquor license was beyond the control of the Council. On the matter of the curfew, Mr. Stokes maintained that there are only two nights in anyone week when the club's facilities can be utilized to a late hour and that, in his opinion, the Council had no control over the curfew. Mr. Stokes also mentioned that the planned City park would probably generate far more noise than was possible by club activities and that he was convinced that the club would add to the location materially. Council- man Fitzgerald agreed with his fellow Councilmen but stated that he had considered an 11:00 p.m. curfew. Mayor Noel, in agreeing with the statements of the Council members, stated that statistics show a continued large influx of population over the next few years and that recreation areas are sorely needed in a continuously mushrooming area. Councilman Stokes moved to approve Application 15-U-68, with condition 22 of the Planning Commission's 23 conditions amended to read as suggested by Councilman Dempster, i.e. hours of operation from 7 a.m. to 10 p.m. on weekdays and 7 a.m. to midnight on Fridays, Saturdays and any day preceding a holiday; with condition 24) that there will be no sale of alcoholic beverages on the club's premises. Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Ordinances A. Second Reading of No. 406, providing for the payment of fee toward the purchasing, planting and maintaining of street trees. As Counoilman Stokes had not been in attendance at the last Council meeting, he requested that this matter be re-opened for public dis- cussion and so moved. Councilman Dempster seconded and it was passed unanimously. Councilman Stokes questioned the required fee of $25.00 for planting. and maintaining each street tree as established by this Ordinance, and felt that this amount was excessive. City Manager Storm stated that, in his opinion, this fee was proper as trees would not only have to be bought, planted and maintained but at times maintained for a period of up to two years before tenants move into the respective housing. Minutes of the City Council July 15, 1968 ordinance No. 406 cont'd Mr. Ernie Arnellas, Executive Vice President of the Santa Cruz-Santa Clara County Builders' Association, stated that trees were purchased at an average cost of between ~5.50 and $7.50 per tree, and that surrounding municipalities felt that a $10.00 fee per tree was adequate. Councilman Fitzgerald moved that Ordinance No. 406 be amended to read $15.00 per tree and that the Mayor's reading of the Ordinance constitutes a first reading. Councilman Stokes seconded and it was passed unanimously. CC- 20 page II statements Ord. 406 amended on first reading B. Second Reading of Ordinance No. 407, amending Ordinance 125, Ord. 407 (Transfer of master tre~ list from being regulated by Ordinance to administrative control)o Councilman Stokes moved, Councilman Dempster seconded and it was ~assed unanimously that the Ordinance be read by title only and that the Mayor!s reading of same constitutes a second reading. Councilman Stokes moved for enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None C. Urgency Reading of No. 408, establishing an animal and rabies control. (Necessitated by amendments to County Ordinance). City Clerk Ryder read Urgency Ordinance Noo 408 in its entirety. Councilman Stokes moved for enactment, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None D. First Reading of No. 409, requiring a preliminary soil report, and approval thereof, as condition to the issuance of a building permit. Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of saffie constitute a first reading. Resolutions 1. No. 1658: Authorizing execution of Federal grant agreement. second reading Ord. 407 enacted Ord. 408 urgency reading Ord. 408 enacted Ord. 409 first reading resolutions Res. 1658 Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Nee s : Non¡!, Absent: None page 12 Res. 1659 adopted Res. 1660 adopted Res. 16ól adopted unf. b,,!). lease amendment amendment approved new bus. reports treasurer no report Minutes of the City Council July 15, 1968 cc- 20 Resolutions cont'd 2. No. 1659: Approving final plans for improvement of street frontage at S.E. corner of Stevens Creek Boulevard and Bubb Road. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, DelDpster, Fitzgerald, Stokes, Noel Hoes: None Absent: None 3. No. 1660: Allowing claims and demands for personal services for the payroll period ending July 15, 1968. Cic>"cxreaaurer,"itzgerald presented the payroll. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 4. No. 1661: Allowing claims and demands for Miscellaneous and General Expenditures. City Treasurer Fitzgerald presented the list of claims. Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Co..n"itmen Beaven, Dempster, Fitzgerald, Stokes, Noel !!<:lea: None Absent: None Unfinished Business City Clerk ~der read the amendment to the Library Lease Agreement which had been revised by the County Board of Supervisors. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously that the amendment to the lease agreement be approved. There was no further unfinished business. New Business There was no new business. Report of Officers A. City Treasurer There was no further report from the City Treasurer. Minutes of the City Council July 15, 1968 Report of Officers cont'd B. City Manager Mr. Storm reported that he was in receipt of a latter from the County Librarian, Mr. George Farrier, indicating that the library plans had come to a standstill pending approval of the amendments to the lease agreement. City Manager, Storm reiterated that he had been instructed to research the possibility of a quarterly bulletin issued by the City with in- formation to the citizenry and stated that the City Clerk had suggested several avenues of approach. Councilman Stokes wondered if the staff had attempted to locate a firm who supplies lists not only of registered voters but also of heads of households, which lists would afford a wider circula- tion and the largest possible coverage for the bulletin. Council- man Dempster suggested that the Fremont Union High School District be contacted with an inquiry into their method of mailing inform- ative bulletins to parents of students each montho Mr. Storm presented a report in connection with a request for a donation to finance a football league. It was the conSensus that this amount was excessive and that it would be possible for the football league to obtain financing from businesses and private individuals much like the financing obtained by baseball little leagues. Councilman Beaven moved, Councilman Dempster seconded and it was passed unanimously that the request for financial assistance as submitted by the football league be denied. Mr. Storm further reported on the matter of the tank site and on the traffic signalization of Voss Avenue. Also, that the Peninsula Division of the League of California Cities would hold a meeting on Thursday, August 15, 1968 in Daly City. CC- 20 page 13 manager research for bulletin suggestions for mailing financial assistance discussed request denied advice of meeting Councilman Stokes moved, Councilman Dempster seconded and it was vacation passed unanimously that the City Manager be authorized, as he had authorized requested, to take a week's vacation commencing Monday, July 22, 1968. C. City Attorney Attorney Anderson reported that he had formulated the verbiage for the Resolution to establish an over-crossing on Tantau Road, which Resolution No. 1650 had been adopted at the June 18, 1968 meeting. attorney verbiage formulated Mr. Anderson further reported on the dismissal of Plaintiff's complaint in connection with the landscaping litigation and the Judge had re- report on versed the restraining order placed on the City. Further, that the litigation Plaintiff had automatically filed an appeal. page 14 pub 1. works request received request grant,,¿ notice út completio" aulh,:.H:'ized engio..a",,, no report p ~annÜ1¡:: no repol'l building no repol t parks no report. clerk authorizatio requested warrants authorized report of request request allowed Minutes of the City Council July 15, 1968 CC-20 Report of Officers cont'd D. Director of Public Works Mr. Finney reported that he had received a request from Vallco Park to construct a secondary barricade on Tantau Road to the north of the existing one as a further deterrent to trespassers for their own safety, and that the Public Works Department had no objections to this request. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that the request be granted. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to authorize, by minute order, the filing of the Notice of Completion for Wilson Park when ready, rather than having to wait until the next Council meeting. .E. City Engineer There was no report from that department. F. Director, of Planning There was no report from that department. G. Chief Building Inspector There was no report from that department. H. Director of Parks and Recreation No further report was forthcoming from that department. I. City Clerk - Finance Director Finance Director Ryder requested authorization to issue five warrants, No. 3030 through and including No. 3034, requests for which had been received subsequent to the preparation of the bill paying Resolution. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to approve the five warrants. Mayor Noel reported that a request had been received from the Inter- City Council for the City's participation by $400.00 annually toward the employment of a permanent secretary. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to allow the contribution of $400.00 per year for that purpose. Minutes of the City Council July 15, 1968 Councilman Stokes moved for adjournment, Councilman Fitzgerald seconded and it was passed unanimously, The meeting adjourned at 12:20 a.m. to the joint City Council and Parks and Recreation Commission meeting to bé held at 7:00 p.m. on Monday, August 5, 1968. ATTEST: ___~:ð. City Clerk APPROVED: Mayor, 'v\~ of Cupertino CC-20 page 15 adj ournment