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