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CC 07-06-70 ~ " :~., i;...'" t'> .f~ ' f , l C1TY OF CUPERTl~, sjlll of California 10300 Torre Avenue, Cupertino, California Telephone: 252-4505 . CC-50 CøuDci~ in atteod~e: ritzaerald, Frolich, Green. Noel. Kayor Stokes. Alao present: City .-8118aer StOrll. City Attorney Anderson. City Clerk- Finance Director Ryder, Director of Public WOrka Yarborouab. Planning I roll call Director Sisko Chief Building Inspector Øenevicb. Parka aDd Recreation Director Parham. ,_ n, "" _.. _..... ~ _,,"'" ~ and the second of CouncibRan Fitzgerald, approval of .inutes 1. As requested by Mr. Dean Finkenbinder. Secretary of Sunnyvale 466-RC-7? ~ÞOse Lodge, Application 466-HC-70 was removed from the agenda on the I removed from actIon of Councilman Yoel, the second of Councilman Fitzgerald, and then agenda was passed unanlmously. , freeva.... ¡ surDl~ land Ion Karv Ave. ¡landscaDin. I estilllates I traffic si.nal evaluations MINUTES OF THE REGULAR MEETISG OF THE CITY COUSCIL HELD JULY 6. 1970 IN THE COUNCIL CHAMBER, CITY HALL CUPEIt1"I NO , CAL I FORN IA The .eetin¡ vas called to order by Kayor Stokes at 8:03 P.M. who led the ..lute to the flaa. 1.011 Call II1nutes of Previous Keetings The minutes of the .eeting of the motion of Councilman ~oel with Kayor Stokes abstaining. The minutes of the meeting of June 22, 1970 vere approved as submitted 0 tbe motion of Councilman Fitzgerald and the second of Councilman Green. with Councilman Noel abstaining. Written Communications 2. The following written communicationavere received and filed: a. From L. Burt Avery, Avery Construction Company, dated June 26. 1970 agreeing to minimum price on freevay surplus land on Kary Avenue. b. From Wilfred E. Blessing, dated June 23. 1970, submitting estimates for Civic Center Plaza development and CUDertino Library landscaping. c. From Division of Highways, dated June 18, 1970 submitting traffic signal evaluation at intersection of Route 85 and IkClellan Road. d. From Division of Highways, dated June 16, 1970 submitting traffic signal evaluation at intersection of Route 85 end Rodriaues Avenue, t t.... 2 Minutes of tnft CltY~il July 6, 1970 . cc-so Oral C.-unicatl.<!!!!. ca.p1aint on Mrs. Ann Anger, Monta V1sta, registered a complaint with the City Council , \JIDIata Vista on the lack of vater _rYice for several hours on the preceding Friday Iweer MIn"iœ and Saturday. , t ¡.,.or's ~ ents aD itClt deferral ~yor Stokes inquired of the Cl:y ~naler on this situation and vac told that the outage resalted fram a pipe rupture caused by a contractor's trencher; he said the cl1ffiaalty vas further cOllpounded by tha fact that tbe telephone lines whieb reaa1ated the answering service for such situ- ations _re also out of senr1ce. Mr. Storm advised tbe Couac:ll that the service had been restorecl ... tbat bigber pressures voulcl result in . IIODtb due to further _tta. -.. taken. COuDcUaan Fitzgerald 1aqa1recI why _ter customers had not Mea giveD advance notice on pItDPUt,. stoppaae of service frOll planned cODStruction work. Kayor Stokes iDterjec:t~ that be agreed vith Counclø.ft Fitzgerald's thoughts, saying each aot1ees sbould be giveD to all potentially affected customers prior to the start of tbe work to be done. The Mayor said the cOlllplaint as registered __ justified and that it vas extr...ly poor public relations for Water Department activities. He a~lOlized for any inconvenience caused, sayiDa eyery effort would be made to improve the I situation as rapidly.. possible. A request from Mrs. Bertelt to c~ent on surplus State laud vas deferred to later in the agenda. ,~ersonnel Session !On the møtion of CouncilDan ~oel ian¿ on the unanimous vote of the ; closed personnel session at 8:19 I and the second of Counci~n Fitzgerald Council, the meeting adjourned to a P.M.. The City Council reconvened at 9:03 P.M. ~Ayor Stok~s advised t~ose present that the personnel session had be~~ called by hio at the request of Mr. Storm, the City Mana~er. "e then eft: ~~-êg~r!said it vas his rather ~'pleasant duty to inform those Dresent and all resigns ,~ther members of the c~n1ty that Hr. Storm had submitted his resigna- :t1~n as City ~naRer. effective i=mediately. The City Ccuncil had seen ,fit to acc~pt the resl,nation. I I '~4yor Stokes continued by saying th3t in all sincerity he would not ,attempt to s3Y anything at this tme as vords could not adequately speak 'for the nuc~er of years ~r. Storm had given to the City. ~r. Storm said ¡that it was with reluctance he h3d found it necessarv to sub:it his resigna- !tion and also that he vas sad in leaving but that the City had grown ¡considerably during his association with it as its onlv City ManaRer up to the pr~sent time. To the standin~ applause of all present. Mr. Stora th~n left the Council Chaaber. It was moved by Councilman Fitzgerald. seconded by Councilman Noel and passed unanimously that the City Council accept the letter of resignation as submitted by Mr. Storm. !I1øutc. of the City_adl July 6, 1970 Oral co..un1cat1ons (coat'd) . "'~r Stokes stated that the aest official action would be the appoint- ...t of an Acting City MaDacer and it vas his recommendation that City Clerk-Finance Director Willt.a E. Ryder be appointed. This vas placed fa ~ form of a motion by c---tlaan Noel, seconded by CouncU.an Fitz- _ .1.. and passed unani~ly. T Ir~ of Council RepreSeDteti"es -'1_' Stokes reported on the probability that the November ballot vould ~ . aeasure for the re-establisbaent of an area-vide transit district~ Be said that a public info~tioD c~ittee within the Transportation 701icy COIDittee was beins for- ~ aøcI each city was to designate one ~ to act as the chairaau for this function; accordingly, the Mavor appointed Councilman Frolich to this position inasmuch as he vas the alternate member of the Transportation Policy Committee. The Mayor tbeD requested the City Council to notify the County executive's office of this appointment. , CC-SO 1Ialt 3 appoint.ent of acting city manager mayor appoints I counc. frolich I transit coaa- ; mittee chairmat! ! Councilman Fitzgerald reported on the discussions which had taken place reI&tive to the formation of a nev committee in lieu of the Planning I councilman ?olicy Committee. The basic difference between the two would be provi- fitzgerald .i~ for enforcement which are lacking in the former committee and the ; reports addicion of lay people on the new one. He said this would be before the 1Dtercity Council at its next &eating. Mayor Stokes reported that there had been a change of officers on the :ntercity Council. He also r8?orted that other than the announc~ent for ~be annual conference for the League of California Cities, there was DDt~ further to report in that area. ~ilman Frolich reported that the Association of Bay Area Governmen.s· bad distributed a proposed general plan for the Bay Area but he had not yet had a chance to review it. He said he would so report after he had. Councilman Nop.1 stated he had ~thing further to report from the Flood Control Advisory Commission. ?ublic Works Director Yarborough reDorted .. the alternate member of the Santa Clara County Water Commission on the 2( tax increase being reqaested in th~t budget. Resulting revenues would be used to offset cont~lated higher interest rates for bonds. "ter contracts are due for re-negotiation this year and it was his re____~ndation and belief the Citv should favor the tax increase in preference to having to pay a higher purchased water bill. CovACilman Green said he had DOthing to report from the Solid Waste Caaalttee of the Planning Pol'cy Coaaittee. ~rt of Plann1na Commission Application 13-TM-70 and ADplication ll-U-70 from Donald Pritzker and George Fernandez for a Tentative Hap and Use Permit for lSS- aDtt project in a Planned Development (P) Zone, approx1aately 11.3 acres located westerly of and adjacent to Blaney Avenue, 350 feet south of StevetW Creek Boulevard. Recommended for approval by the ~lann1Dp¡ eo..ission on June 22, 1970 i I pub, wks. I director report . on santa clar~ I county water cOllllllission budget 13-TM-70 and ll-U-70 legend ;Ia,e 4 pr..ellta- tion by plaDDiaa directOl' 13-'n1-70 to 11-U-70 and :ontinueci =y public -.-crks ;iirector s:reet :::¡¡>rove_ rodrigues a·.;enue atension :olDlllents by applicant's .1ttorney "-n of the C!t~dl July 6, 1970 . cc-~ · r nt of PlatmiDl C~ildoa (coat' d) - I appl1caUoas _re pre~ed by Planning Director Sisk vho, with Yin TJ aids, or~r.:ted the C-CU to the subject site. This property ... a.-n before the Council oa two previous occas10D8, at vbich tt.e J.dt ..,l1cati_ had ~ 4-t.,. The current proposal i. basically die _ as before except that tile cJeuity of the Dew plan is 10Wl' ... tile traffic circulation p188 bas eliminated acce.. to llaDe1 ~. T. The ¡: .UI j;ODfo~ to ël ~øa ordinance.. .. '-'ther pouted out that the off_treet parking ratio __ 2.3 space. 11ft' tIIM111ng .-it. witb SOl of tile site being devoted to opeD space. - lty of dve1Uaa r.:1iU per poa acre 18 14.02. The appl1-..t hacI _ r -~ to a cODdition to the T~ti"e Hap and Use Perait ..-b1i:h require. ¡:Me IøtIrigues Av_ be at-"'" _terly to connect with the aistins I ~1eted portiOD of the .treet. ~ 1'ab11c Works Director Yarboronp CODtinued the presentatioo by sublll1ttiøa . die request of the developer that he be treated the __ .. other prop- e ercy GlIDers affected by tbe proposed Blaney Avenue improveaent. The , Con--tl vas told that that portion of this 1mprover.lent affectiøa this c property would cost $8,100, the cost 0;0 extend RoddKues Avenue pur- e auaDt to the c-'n,Htions would be S19,800, It was presented to the r~~il that if sufficient public benefit vas derived from the devel- O?Cr'. off-site t:provements in extending Rodrigues Avenue, ~ contribu- _ ~i~~ by ~he City -,f the $8,100 for the imDrovement of Blaney Avenue vas prr¡per. It was :!'Ie recOl!llllendatiO':l by the staff that Blaney Avenue be cc::pleted regaroiless of the action which would be taken on the current a??lication. Other affected property owners were villing to contribute :~rd the de~e¡:~~ent and had agreed to cooperate. ~ ~ition to :~e e~tension of RodriRues Avenue it had been proposed UD~ :he develo~er h.1d agreed to construct a l2-foot one-way north-south street vesterly ~f the property. vbich would permit a right turn only !or egress on Ste~ens Creek Bonlevard, Couacil_ Grel!:t inquired about the parking on Blaney Avenue and vas :DId that this. in all probabillty, ~ould be prohibited, There would ~ a ~foot sidl!walk on the vest side of the street, There would be ~ sldewalk on :hl! easterly side unless the owners wished to pay for =e ~he same as ..-as being done on the vest side. Tbe street would be . full 4o-foot ~urb-to-curb width. ~~ilaan Noel asked if the extension of Rodrigues Avenue had been apprOYed by these property owners through ¥hose land this would 10, 58 vas told th.1t the attorneys had reached agreement on this, t , -!fr. DaD Donovan, attorney for the applicant, made further c· ent.. Be pointed out th.1t the appllcatiOD bad received the approval of the Plan- ~ Commission, the property vas 11.3 acres which would be developed with a ISS-un1t project reøultina in some 14 dwelling units per acre, nata vas a redu.:t1on frOll the 111 units, or 16 per acre, previously ,propcsed and denied. He .aid that tbe units would not be le..ed to ,ør f_l1y haviDg children UDder the a.e of 14 years. The o___y . Kioutel of the Cl~ounCll July 6, ]970 . exit to Stevens Creek Boulevard would be constructed under a lease of ---~fnt which would be valid until Vista Drive was completed or a ---~-v- period of S years had elapsed, or a purchaser f.om Mr. Chuck, ~be property owner, .0 requested. H~. DonoTan, as an aside, said ~ba~ there was a 95% probability that the tvo parcels of Kr, Torre aDd 1Ir. Chuck would be developed at the ...e time, and if this ""a. tbe case the construction of Vista Drive vas IllaDdatory, 1Ir. Donovan continued by sayiDB the open space of the project '#QUId b8ge rather extensive lake facilities. There vould be a fence at the northerly portion of the property on Blaney Avenue to bide parking facLlities and this fence would act as a crash fence for fire equip- 8eDt. The structure would be of cedar or redwood with shake roofs aod there would be 18 separate clusters of buildings. The retainin~ vall on the northerly portion of the property ori~inally was under boad to the City by the adjacent commercial property owners. Rents for the units vould be from 5195 to $325 per month, which would apnea 1 to . select adult clientele. aad probably ther~ would be no more than ~~ persons per unit. The feared traffic congention was obviated t.hrough the elimination nf exits on Blaney Avenue and with the exten- sion of Rodrigues Avenue. 1Ir. Robert Mace, 10124 Portal Avenue, spoke to the Council and sug- gested that the one-way str~et provision l' the north be made part of the condition. Councilman Fitzgerald commented that the proposal as submitted was acceptable to him. He agreed with the provision for the one-way street to Stevens Creek Boulevard and vith the proposed cooperative agreeme~t between the City and the developer for the improvement oi Blaney Avenue. He also observed that this was the first extensive off-site improvement within the City. Councilman Frolich said that his original three objections had been theexcessive number of sr.hool children, the high density and the traffic congestion. These ~bjections had been eliminated and the extension of Rodrigues Avenue was one of those issues for which he had lobbied froll the beginning. In his opinion all of these made the development feasible and also benpfic1al to the whole area. It va. Councilman Green's preference that no apartments at all-be placed on this site, but because the zoning already had been made be had no choice in this respect. He commented that the traffic pat- tern. were much better than before, the temporary access for egress to Stevens Creek Boulevard was good and should be made a condition. Be coaplimented the staff for their efforts in apparently arriving at a mutually satisfactory develo~ment. ~---'ilman Noel said that his opinion had heen changed from a negative ODe to one which was now favorable to the current project. Kayar Stokes agreed vith Councilman Green relative to the zoning, but .. this va3 not an issue, he was in favor of the applications, He did point out for all those present and for the record that the Council CC-50 page 5 13-TH-70 . ll-U-70 continued explained further by attorney donovan suggestion by resident councU~an fitzgerald's observations no objections by counc U!:Ian holich comments by councilnan green counc ill!l3n noel okays " ....6 i" -, ~'- "- I' " :t;s ¡.u.70 . " " ~' . .' !."t.," ! ", ~: r f ~: i ÍllDCioD ce Iìfpc- 13-'lH-70 1dth u~ttS- l3-nt-70 app~e.I ll-U-70 approved witb IICICtLH- cation 0' coadit1aa m-tel of the Ci~Uftc:11 July 6. 1970 . , CC-50 aeport of Plaaaiuc Coaaission - 13-TK-70 . 11 U-70 (cont'd) ,;.. r"cwlolJ8ly hao! said a throu&Ja "~ would be constructed in the Tovn CeaCer c~1es ~o' SteveDl Creek lIoal...rd but did DOt ,pecify that tIIb vas to be ~ OM 11.... .t....c ateuion or aay new .tr..t 18 a ..-clUe 1oc:atioG. The plD ita fledtJ1. .. to the eftDtua1 1øcatioD oÆ _:h a It~. "11ø1DI tbe.u1.. of a .cs- for: tbe apprcwal of Appl1catioD 13-121-70 then _uad _.It r 10D .. to' how the CODdlt~ .brJ·· .. WDded alii "'tber 01' DOC..... T/~ "'In nroceedi.... .boa14l .. ,....,. At tile coac1uaioD of .c.s. öllCa..ion the _tlOD "IISD .. .... by CoaIIc:1JMa 1Ioel. wldcll._ nit.rated by ~¡; Stoa. - fo1~; "rba _ClOD." to ~ '-;;._ tbe 81'pUcatfm punaat to ,laD- .... c-1..1aa bsolur1oa .w" na wldcb included tbe 12 .t.....r.t - öt10al plas cc1III1tt~ 13 ..... u... _""ed, to includ. tbat tbe Mweloper be re.t~red to MaCl'pt-. witb the City with r..,ect to the I .....1opMDtI of 11aDay Aw 9; fta'tber, that the daYI10per he r.1IIIIaned ,sa.l00. the City', ..t188t_ :QDU1llatiOD to the Dprcw_tI of llaaa1 "'1 ..; aDd thlr1l1,.. that tile 12-foot ....ent to St..,.. Cr..k IIoa1e- ,ward be installed aDd .coy", ... that tbere be a contract .lped (HtvMD the City aDd the dew.lopar .teting that if that ..._t 18 eYer ¡ -.ated and :~ City d.t.m1.... at that tilDe that it 18 n.c....ry I. tile I pabllc lnteru: that said ..·.--c he aaintained, tbe City will th_ !1østitute eai=eDt domain procTlrtaas and the developer viii be respona- f titl. for the a..-qu1dtlon coati.· I :!he _tion vas seconded by ec., rl18aD Fitzgerald and passed _~11' ¡ I It vas SIOVeè ~ COIIDC1laao 1Ioel. Mc:ODded by Counc1laan Fir.zg_rald and ~ased unaf'~-"..sl~ that APDlic&~1oa ll-U-70 be a"proved pursuant to ~laDDiDl Coo:~ssiaa R.solutloa JO. 779 with condition 15 being modifi.4 , t:) Include t".:se provisions cODca1oed in condition 14 of the PlaDDi.. ¡ ~ts&~on 1csclutlon No. 778. .. approved by tbe COUDC1l, I :&rport of ttA Architectural aDd Sit. Approval Committ.. '1. AppHca:~.:tI 463-BC-70 frea ~. Cyr1l Johnson Inv.,taent Cornoration. 125 Will~ ¡gad, Menlo Park. requesting aDpr~val to' cO'nstruct a 119-unit ~..rtaent c~l_ OD the east side of Foothill Boulevard, be :ween Alõ'ille Drive aDd 5&1_ Avenue. R"C'OI!:IIIended for aDproval 0' builéi:& =at_rials and architectural concept on June 10, 1970, (c:ontin"e': froa June IS. 1970) :"~ applica:~~Q ~~, presented b1 Mr. Roy Johnson, 2100 South B.sco. Av.., Caapbell, .~: explained the reason for the previous continuance was to satisfy in~~:~ies fro. nelahbortac residents as to line of site, He said 'the bdl1ding. ~ould be of bel._ stucco with colO'red asphalt shingles. presenu::i.oa ¡ There would !)e 110 roof ap.urt--('es, with Ample plantings around the by applt.:..ar1t ! ;teripbery of t'le deveoloptM.1t, the application now did not cover signs, ¡lilhting or landscaping vbi~b would have to be submitted to the Architect- í 8I'aI and Site Approval eo..ittee at a later date. He replied in the I; aff1mative to CounC1lJIIIID GreeD" question concerning the saving of the oak tr.... ~61-11C-7C l..end - ~.. Noel ø;>ressed his eU..pleasuTe in general with thil' particu- ~ .. .D..l. CouDcilaan Stokes said he did not like the physical , - -- of it. n the foot of a M11. 1M _ted the flat roof design ... ,.,."- -tad that sf.Uar flac roof. preool00.t'ly had bel:n denied as DOt Ia -,. r'lII with tile _tabborboocl. , "'... ", , ~ .,.', ,ti, __ tÌIe a"UC8t replied tIaU dds ... ODCI of the probl_ .. a '... ""Zoof -U Uoclt the n.. of es1ft1ag r.dllenc.... and h. ':'.... 'tile CouDcil that tJae ,,",&in' _ _111 not. The Kayor inter- '.:.,;(..·,,',~t it _ cI1ffic:alt to riJ H,. tlda fro. tbe rend.r1ags acI ~:!, ,'." addþl-1 dravtac- e-'" .. .... available. Counc:l1MD ....."'...' ...1_ that this .. IlK to .. of a IIOCIular construction 10 dia·;:;t'-t !D 1Ihida it ... ..'¡rr. ,,', $'" '. ' - '~.; citóbs qa1D said be __ r - . about this area and th¡~ r 4: -t.. Fooehlll Boal-.l ... _ of the princlDd entrances to dIe~. Øe expressed Ida op4...... _ -IDa one of possibly not eoap - -.... vbat _ proposed or ODe of 1Þu1c ell.like, VJda die applicant' 5 concurr_ it ... .oveel by Counc:illllan Noel and I .. .. by Counciba:1 Frolieh to JIOStpo- consider.tion of this .ppl1ca- ti.- to the next _:fng to enable the presenting of IIIOre det.iled 63-RC-70 & .. 1D¡s, The ro:e vali _101- to postpone. stpcmecl . ~.. of tbe Cl~C11 July 6, 1'7~ .U-t!OD 46~-7() (conl'd) . 111 cc-so pale 7 63-6C-70 t'd _11 ~'s z.. .....Uc.tion J.Z'iI ::C-70 fr_ the Or1&1na1 House of Pies, 5900 Rodeo ..... Los ~e¡es, requestlD1 approval to change roof color of the restaur.nt l~:ed ,at ::,OOS5 !filler Avenue, RecOlllDended for denial I _ .June 10, 19;:>. (conti_tit fraa JUDe IS, 1970) ~ nrl_ Bu11din¡ I::S~'=:or Beneric!l presented the application in the ab- resentattoD . of the pri~=iid¡, expla1niD¡ that the current dark roof vas due y chief to ~ request": .~,e of shakes DC:t bar..n.g been approved for that fire ~uildiDl 1D81I _ 'II1IeD it vas ':is.::ussed previously. The change in the fire zone reþ~ ]--. penaitteo.: :::'is application to _ made. It vas rp'cOllUllended for f 1.1 ~y the Ar.::::.i:e.::tur.l and Site Approval Committee. I~ _ .oved by c........xièlan Noel. &e<;ODded by CouncUran Green .nd p.sseel 429-HC-70 h., ...ly that Ai,liC3tion 429-BC-70 be denbd. Idenied 3. ..,11catioc ~:~-EC-70 fro. Loyal Order of Hoose Lodge No. 2049, 222.50 H~5tU': ;t"ad, req....ciDa approv.l to I115ke additions to an ò466-HC-70 es1ating tuil'::~ and for ~~roval of landscaping Diana. Recommended for approval .::~ ~)o' 27, 1970 aDd coaUnued from the Council lIeeUnlt legend of June 15, H~:> :0 this aleod& for subalission of di(ferent plans. ~nd r_al ¡rr- alenda ~ applicaticn ~~ been reaøved irea the alenda e.rlier in the ...etin, ~ -c. of th~ City '::"unc·.l, - J .L of ParkS aX Recreation CJ I.sion - _ IaaO been 0:0 ~ting of this C _ ~.. to preset. ission and, therefore, there were i ,- .._ of the c:.::w-CouDcU July 6. 1970 I'IIIolic Bearina. L Appl1caUco:: :;-:-;"0 fro. Vallco 'ark, Ltd., r~uesting reaoni. of ~rox1Zlate:T ':".9 acréS, located at the northerly terminus of -- aov Av_. :çproximately 300 f_t ..sterly of Talltau Av_ and " 6SO feet .-.. ~'...rly of Bomeste.r ~. from Aaricultural-1tesidentfal ., ·,:~7SJøale-F..n;r a.-kre Lots 00-43) Zon. to Pl_ed DeYa!Op.lllt (P) f:., .,;r(;1dth ph...-1 Iaàstrial Park 011') U.. Intended Zone, lee HI 1'111 :~1" -.·..~for apprwal _ J_ 8. 1970. ~'iAç~ é. ,~~_- jt1~~'i ! '""1:' ~_. ',' ,.'ïlfpl1catica _ pnsated ~ pi '" Director Sisk, throqh aM of ., P,',"', ~, . a1ù. ,. apla1Ded that tile r.u....1'II1 vas required .. tlais pili'- .u.nctoÊ"~:~ '~"W bel~ þ the school ~ at the tDe Vallco Puk .... ~j ~. cneted. n. sabsequant r- ~ - of tbis parca! &l1li its 1Dclasiaa ."" A;P. Val1co h3 ~l_ DOlI r I f..- that it be rezOlled, Be a- t, ". T· that ~:. ... 1aIIåca~ .... ..... of _ CODCem at tile ,- f.. c-1ss:~ lenl, Be r9p11'" to CoundlaaD 508l's questløD ... there ... _ coordiDstioo ~_ nth. dties of CapartiDO .... -C" -. Clara. 1Ir.3_ Vusber ¿ 7allco Park ~-4'" the Council that tbe intercity _I -ftt c:aJIs ~:r ëe spplicat1øa of whicbever vas the _re strict i -ftion as '",,?:-Hd by either city. t It was IIOved ~y ':':=illllan Noel. secoaded by Councilman Frol1ch and ,....ed unanb..~:: :~t the public bearing be closed. , It was -.oveè :-T :.:<.:::=1lman Noel, seconded by Councilman Frol1ch and ;....ed unan1=:.:s,> :~t Appl1cat~ lo-Z-70 be approved. , f-'" -aces Ord. 466 L First ru¿~~ :: Jrdinance !fe. 466: "An Ordinance of the City of let reaot1.lll í Cupertl::.: 1..-.æ::.ii..'"!& Section 1 of Ordinance No. 2 by l\eclassU,.in& ¡ a Certd::. ! ;-::~:<: of the City of Cupertino frO::!. Agricultural- i bsiden:a: ::'::~:e-FaJlI1ly ODe-Acre Lots (Al-43) Zone to ì'laDDed i Developu::.: F', 1òith Plann~ lDduatrial Park ('{I') Use Intended $ Zone; Ap~~:~:ely 7,9 Acres Located at the ~~rtherly Terminus i of HeadO\.· -':''t::'~e, Approxill\&tely 300 Feet Easterly of Tantau Avenue , and 6S0 :H: :':\Ltherly of He T.~.ead Road." ~ I: __ moVK :. :.:<m.::llman Noel. seconded by Counct!m.:m FroUch that i Ocð1øaDce Xc- ..:, ':.e read by title only and that the ~yor's readina í ~citute t~ ::=~: reading of the ordinance, f __: Coc::.:~:':1!::' Fitzgerald, Frolich, Creen, ~oel, Mayor Stokes iJbes: None Jan.t: Nace Iz. , ,..ea IO-Z-70 lesend clo.. of public bear1Da 10-Z-70 apprOll'ed Ord. 464 - cc-so Second rebi:'::f; of Ordinance 50. 464: "An Ordinance of the Cit,. of Cupertin= .1.."II!!JIiing Section 1 of Ordinance No. 2 by ReclassU,.1Da a Certai::. ~:::~on of ~e City of Cupertino froa Agricultural- IesidentiL: ::':1g1e-Falllly ODe Acre Lots (Al-43) Zone to R.sid_cfal Single-F~_T :0,000 Square Feec Lots (al-lO) Zone; Approxi..tel,. .74 Acre :.:-a:o!'! i<est Side of UDda Vilta Drive, 350 Feet Soutb ;of Cclua!l<a J."",,,,ue and Nortb of the Entrance of Hillside Park." pK -.. of tbe C1~Cil July 6. 1970 . ~. es (coot';:) Ie _ -.ed "y c..~ibaan Green, seconded by Councilman Fitzgerald ct.& a..U.....nce So. ~64 bt! read by title only and that the Kayar's r ..~ COII8titute the secoDd r....iq of the ord1Dance. The motion f . --f-.ly. . n _ .....d by O:Iacn.an Bod .... HCODCI..s 111 CoaDcllau rlta..raU ~, ....f-c:e :Go. 464 be _c... .,..: CouDcil-. F'1tzceralcf. FI'olicb. C..-. 1Ioel, Mayor Stobe ......;: !~ ~-- - ,-: JIGM ...., ",&'L_ _.-.- i. ....1atlœ 5:). 1014: "A Il1801_1011 of the City Council of the at.Y of Cuper.ÚIO Allovt.. Cenaill ClaiM and u..Dda Payable ill tile - lilts and from the Funda _ llereiDaftar DeKribed for Salaries .... ..... for f'ayt'Oll EDdiq JaM 30, 1970." Ie _ WIOYed by eo.mciluD Roe!. .econded by Counc:1lau FroUc:h chat ....brt1œ No. 201~ be adopted, Ayes: Coundl:oe:t Fitzgerald. FI'ol1ch, Green, Roe!, Mayor Stoke. ...: None a. "': None 2. ""'lution X.,. :QlS: "A leaolution of the City Council of the C:U,. of Cuper::::., Allowing Certain Cla1ms and Demands Payable In the o _t.:. and !!"=a the Funds aa Hereinafter Described for Miscellaneous ...s General ~::Iditures. II 1~ was DOVed by l:~~il~ Noel, seconded by Councilman Frolich that -..o~10n No. :::: õe adopted. Ayes: Couocil::e" :itzgerald, Frol1ch, Green, Noel, Mayor Stokes ___: None Jk t: None 3. -..cluti"n Xc. :029: "A Reaolution of the City Council of the City fill Cupertio~ A.::.N1nS Certain ClaiJU and Demands Payable in the o _u and fr.:m the Funda aa Hereinafter Described for GIo!neral and J!1.scellanecus ~nditures," It ... DOVed by c..~~~11œan Noel, .econded by Councilman Frolich that ae.o~1;t1on No. :~:5 M adopted, Ayes: Counci~e:: Fitzgerald, Frolich, Green, Noel, Mayor Stokes Soes: None a- r : None 4. ___lution Sc. ~()!t: ". Reaolution of the City Council of the eir, of Cuperti::~ Orderins Vac:ation of a Portion of a Public ~litle. Easeseot within the City of Cupertino Pursuant to Section ,.30 of the G.;1vernment Code of tbe State of California'. " Ie _ _ed by Cou=llaan Noel, secoDded by Councl1l11aD Green that · J.tt- No. 2016 be adopted, ...,..: Counc1a.e: nuserald, FroUch. Greea, Noel, Kayar Stobs ....: None lit - : Neme CC-50 pale 9 Old. 464 aucted .... 2014 aclopted Re.~ 2015 aclopted Res, 2028 aclopted .... 2016 adopted ,... 10 .... 2023 r~-.II fC.... .... 2025 ~... .... 2026 .:itil:en's views aa,or's reply COIIDents by counc il~ . HiDutea of the City Council July 6, 1970 .... cc-so 1~1utions (cODt'd) 5, laaolution~. 2023: "A Resolution of the City Council of the City of Oupertiøo Autboriz1Da the Execution of a Reimbursement Aareement by the ~yor and the City Clerk vith Carl W. Haaland (del Oro Dnelopent Co.)" Ie _ -.! by Co1mcU.... JIoel. HConded by Councilun CUaD that _latiOD 110. 2023 lie ....Ce4. ' AJM: CoaDciø.n nU..(Ald. h'ol1cb. Green, Roel, Mayor Stoke. 110M: ... AIt..e: ... 6. 1Ho1utiOD So. 2025: "A "solution of the City Council of the City of CapertiDo Aatborfdøa ehe EXecution of a Re1llbur_Dt Aa~nt 'Y the MaJOr aDd ehe City Clerk with Utah Ro..s, Inc," It _ -.! by Couacn - JIoel and seconded by Council.- Piuserald that 1.uo1utlOD 110. 2025 be 8dopted, Ayes: Counciø.n ntapralcl. Prol1cb. Green, Roel. MaJOr Stoke. !Ioes: 1Ioae Ab_t: 1IoIIe 7. ..solution ~o. 2026: "A "solution AuthOriz1na Purcha.. of Real Property !r_ tbe State of California for Streets and Public Purposes. " MaJOr Stokes recognized Mrs. Lucien Hertert, 22830 San Juan Road. who I had requested remission !:o be heard prior to the \ootc on this reaolu- I tion. She .a.!\·~sed the Counc:ll that Ass..bly BUl So. 1293 had passecl ¡ the A..a1:~:: A:.i now _ 1D the Senate, The wording had been changed , fr_ levy1::.-: ~ :ost of _half the fair market value for special sur- 1 plus State 13~~s to a figure below fair aarket value. She expressed : her concer:: ~~3t the City .ight be passing up an opportunity to purchase ~ land at less t~ fair ..rket value if the resolution were adopted. I :iayor Stckes a;1sed her that the Council vas not interested in the o purchase cf ~ ,ark for $130,000, but if it were at a much lesser cost ¡there .ight :,e :!ther c0D8iderations lllade. I ! Councilman Fit:gerald offered that in genera) the pllrpOSf' of the bill ¡ was good, ""t te thougbt that a park in tlal!; particular location __ lnot advisa~le. H~ said that the City would be bettt"r ofC by having this land pur,hased by Mr, Avery vho, as 3 condition, would re-alian Mary Avenue. , Councilman :¡~l said that $130,000 W3S way too much IIOne,; the only way this could ~e raised would be through the increase in the bond issue aDd this vas DOt practical, Director of Public Works Yarborough adviser! the Mayor that the re- local1o~ oi¡ quested pedestrian overcros.ing would be in the vicinity where \~1. pedestrian : subject parcel is located. The freeway would begin depressing where over- : Mary Ave~ widens at the del Oro Development site. and that Hr. Avery crossh I va. most anxious to conclude nesotiations as this was the last step in the development plaDDinS' IÜllUtes of the City.ncu July 6, 1970 . ~lutions (cont'd) c.. ~ilaan Green vas told by Parks and Recreation Director, Parham that ~ had DOt thought this area likely for an active park as it would be . possible duplication of the nearby Memorial Park. He said, however, ~t it could be considered as aD open space preserve. :1£ _ lIOVed by Councilman ~t "solution ~o. 2026. ~e, ~oel aDd aeconded by CouncillUft Frol1ch to The resolution was adopted with a split &pM : ....: -- --t: Councilmen Fitzgerald, Frolich, Noel Councilman Green, Mayor Stokes None 8. "solution ~o. 2027: "A Resolution of the City Council of the City of Cupertino Requesting the State of Califo~ia through the Depart- aeDt of Public Works, Divi.ion of Highways, and Requesting the State Highway Commission to Expedite the I~prove~ent of Tantau Avenue between Stevens Creek Boulevard and H=estead Road '..; a Public l:prove=ent, to wi~: The Installation of a Grade Separation Overpass at the Point where Tantau Avenue Crosses State 280." :t va. :oved by Councilman Soel, seconded by C~uncilman Green to adopt a..olution :;0. :0:7. ~e.: Councilmen Fitzgerald, Frol1ch, Green, ~oel, Mayor Stokes Soea : ~one »-ent: :¡one :~inished Business Report on corrective action taken and conte~plated relative to vater service deficiencies. Acting City ~bnager Ryder said that this report ~as to have been pre- aeDted by ~r. Storo but his re.ignation interjected. He requested .-d received peroission to have this aatter co~tinued to the next _Una· 2. Staff estimates of co.ts for na=ed capital i~provement projects to be included in a Nove~er bond issue pr~p~sal. rarks and Recreation Director Parh~ advised t~e Council that there 1Iad been no basic chang~ fro: pre...tous prC'posals. Then it vas deter- a1ned by the Council that th'- Sove:~r bond issue ~ould be as pre- rlously discusso!d, to wit: Acqui....tion of th.. H.:>rse Ranch and Damico properties at a co.t not to e~ceej 5750,000; anJ the second portion, '-1Ga the construction and develop~nt of the C.:>~unity Center, 5425,000; the development of Memcrial Park, $1;0,000; and the develop- .-at of existing neighborhood parc .ite., $325,000, for a total of 51,000,000. JIayor ::tokt's said that it had been orought to his atte...~ ion that the TriWDOD ~~~!~1n& cou~d be aaved to the Me~rial Park site and re- farbisbed for use .. an art center. He said that he did not have CC-50 page 11 es. 2026 dopted es. 2027 opted ater .ervice eport postponed breakdo\ll'l of amount. for november bond issue pep 12 :. postpo t of .-1..- :oaut 1~,"ét...~ " '!/.. . K1Dute. of :be City Couacil July 6, 1970 ... cc-so UDf1nisb~ Bus1DeSS (CODC',) any idea as to potential coec. After further d1scusdon it _. _.,..4 by CouD-:ilaan FitzgeraU. _.c.c_ed by CoUDCUIUD Gre.n and paalSed _1- _1,. to schedule tbis ....ciOD for tbe next ..etin" and to lascruct the Para and Rec:reati_ ~cor to contact the CupertiDo Hiscorical Society for appropriate ~ U. At the request of ActiDa Clq - "U ""er it vas .wed by t'J -t1- 1'I'o11cb, secoaded by C 1-" - 11081 ..... pused _i_I, to ..cborhe cbe AcUna City Mana.er CO ~..t.. the "rYices of . boDd ULo.--J ... UDaDc1al c~taDt. for die JIc.. 1~T bond 18_, Itr,~.... tllaC ,it _141 be his rec ".,t_ that the Una pr..ioua1y I I-V" for I the Library IIond is_ be ntaiMII ...111 for a..i.taace la t" u t.. is_. .3. Selection of date for JoiDe _tiøa for preecntatlOD by C:-ty .--,j staff on bousin. r~C for 1969. =.;;f1Tbe date of July 29, 1970.. ..lacted u the tiM for tbi. ,.nlcalar OD 110.'.. !aeaUna, 14. Question on payment of $200 to the City of CalW8l for efforts -- I I peoded on the discloaare of a.set. l1UpUon. I IMayor Stokes said that in hi. absence at the .eUna prior to this - i the questi"n had been CODCf...-t on a 2-2 vote. He then a.keeI ..... re- CODC1--....'ceived fr,,:: the City AttorDeY aD opinion that such a payment _s a 1.... of ca~l !expense u.~er a rare aIId _sual provbion. The advice also iDclucIM l1tipC1= the CC)l:lC(!~t that any taxpayer suit was po.sib1e, but it vas the City ..tter ;Attorney's "pinion the ~ _14 be in the City'. fSVDr. , "~.:¡:. ç , ."....~- AÌù _. - ..;... 4" .. L !CoUDcilCL~ Soel reiterated hi. previous position .,ainst this p&ymeat. object leas ,citing the li:igation CupertiDO recently concluded involvln& the laad- of ~UD.:;~:-! scaping d street _diana, Tbe Ci ty did not a.k for financial u81.t- IUA aoel :ance even 1i tne decislOD would be of va1U/' to other cities, ø. ai_ :cited the p"tential reveaue if all cities in the State contributed :proportiwnate aœounts. 1z-tayor St,,;'es .:1id that be bad been opposed to the Disclo.ure of .bset. I Law and Ù""gnt the repeal of that would be of videspread Hneft t to lall cities. including CupertiDO. lie 88id he was ready for a _te and lasked for a 3Otion to be .-de. I " apprcwal :-f It vas 1!IO\'ed by CouncU_n Frolich, seconded !'y Counct hUll r.r.Øft to pa,..ent 1:<" ! approve the payment of $200 to the City of Caras I , The motl_ pas.... c&r.aal with a split vote. Ayes: CouncUmen FrollcJa, Creen, Mayor Stoke. Noes: Couøcllllll!n Fitzserald, Noel AII_Dt: Sone U7OI" . C DC - ~~ea of the City Council July 6, 1970 ... m.fiDisbed Business (cont'd) 5. Status report on the creatioD of a Cupertino Citizens Goala CoII- aittee . ... t". Director Sisk reported tbat he now had 26 nøminatiuns, with . ....le .ore expected. Be requested and received approval to estab- ~ . date on which thb c~tt.. could meet for purposes of orlaD- s-tioa. auch date to be coorcl1øö.ted rith the Kayor's time achedule, CC-50 page 13 atatus of citizens' goala c~ittee 6. Staff report on the review of _tenna ordinances as they relata to areas requiring UDderl~uuØdiDl of u~ilities, public heariDl ... t-. Director Sisk reported froll a previously submitted vrittl'!D ok'd for antenna JaDdua vhich suggested that thb utter be heard in a public ¡City ordinances L 1D& before the Planning C'- f._ion. This vas approved unanÚlOU8IYi ~ the Council on the motion of Councilman Fitzgerald and the second ., ~11..n Frolich. ~ Mayor called a short recess at 11 :44 P.M. and reconvened the eo. 11 at 12 Midnight. !r.- Business 1. Presentation of preliminary plana for the COllllllunity Center Building by Architect William Headly, recess ~. Beadly explained the approacb he took to tbe development of these I ~!.inary dravings he now vas displaying by saying he had discussed : ~ baair requirements first with the Parks and Recreation Director. architect's plana ~ the size and functions of the rooms were determined, as well as !for cOnMUnlty ~ir prior1~ies, they were reviewed by staff, tours of other buildings !center bulld1n3 ~ other agencies were taken to determine experiences resulting in I p~ other agencies. The first preliminary floor plan came to some i ~.DOO ~uare fe~t, estimated to cost in the neighborhood of 5500,000, j ~ vaa then reduced to a planned 14,741 square feet. he said he ' ~ not want to Juplicate the architectural structure of De ADza Cclleae, but because of its close proximity he wanted to have some r__l relationship. The proposed structure would have the s_ tile ~f .. the College. .. tbeD proceeded to describe the _ana of placing heat and air COD- ~iODing ducts and the hidinl of the units on the roof by means of . u uping curve in tbe roof liDe. The method described, .in his C9:iAi_. would be the most econocaical approach and would provide ~ . facilities for individual roona as required. He said the roof ~d be clay tile. the supporting columns and walls would be jumbo ~. aDd the exterior wall would be in Spanisb stucco, off-white wS&h avirls. ..... Parham aaid this had been reviewed by the Parks and Recreation r t._ion whoae only concern waa tbay would like to have seen . ~er buildina. _nt by parka recreation dir.: pII. 14 c»re on ~ ftlty :cae.. 1»lda. 3U_II ,; AD j_ ...tel' u1D . ~te. of the City Couac11 July 6, 1970 Jew 1u.1Da.. (coot'd) .. CC-50 c-nt'1~ Green ..ked the .ize of the general purpoae area, va. tolel Claat it wuld be 60' X SO' aDd coul': acc· ;date betve_ 300 aatI 350 f r,le. .,4.t Stobs ..bel JIr, artily if be could ,i"e the Actiaa City ,....~... &lis. ... .. utiJlated ctMt for bol1diDl a lIOdel ad va. to111 "I..... .. tJ.a t-'-' Hr, ~ly for the pr.HDtatiOD aDcI apoloaiaed for r.-tDa to keep Ida to tide lat. boar, 2. r .an OD b:llla reed.... for coaatruct1oD of a _ SaD ,¡_ A..-- we. MiD .... .ød of CODttUt, ft61ic 8ft_ Dinctor 'I..:"'. P" V nferred to a. --ry of bid. op--cI ~ afC.'¡..ADD ." tbe Cic-, Clerk. ..,.iq that the .....f.....r·. ..ti8at. .... ..... fft $16.671, tile 1»:IIIa received raøaed f~ a 10v of $16.215.50 CO a Illata of $34.206. It we b1a r.c_ndation that tile c:cmtract b. ..... to Vut Valley c-auctioD CoIIp..,., tile low bidder, It we .... ." c-. -11_ GnaD. ..cODded b,. CouOCU-D Frolich aatI ....... --I .-1,. OD a øll call "ote that tile contract be avarded co Vut Vallay Coutnc:tioD c~ ,..,. for $16.215,50. .,..: ~: \trr1lu Cc -11- fttapra1tl, Frolich, Green, Roel, Mayor Stoke. ... ... ~. YadlC'ro..... adcIed that tile SaD JIUID tank had been drained aDd : repair. vare urpDt1,. ....ad, Be ..id he would bave a cOst estimate ! for the aat _t~. ¡ 3. ...u. ad adoptioD of 197~1971 Operatilll W,et: ~s. 2017 ¡ IaolotiOD 10. 2017: "A ..solution of the Cit,. CouDcil of the :'s:pc'I1V"~t¡ City of Cupert1Do .woptiD, aD Opelratiaa BudS.t for Fiscal Year =-: ~ratillll 1970-1971 ." laUfJiDllatiaate. of Reve_. to be Recdv.d iD :~Iet i tile GaDaral FaDdI ad Appropdatiq Honey. Therefrom to Vanous : ÐaputMGt. ad Ac_t.; Sattb, Forth CoDcIiUoaa of Adlllini.tenlll : Said "',et; aDd .&('''--,ladSiDa !stt.ate. of Revenults and !xpeDdi- ! tu.. Actrl11atallla to Otber FuIIII.,!, , ! &yoI' Scob. DOtad tile lac...... of the hour aDd ..id it would be h1a ; rec_ ...~-t1OD to "'joun thi. utter to uother ...UIIS, He pv. ; racoaDit1OD to tile ..1...tlOD froll the OIaIIIber of c~ nee healled :.,. Hr. Jill Fnec .... .... t~ the opportunity of present1aa their I loud of Directors ad r......t for the City'. participaUon. VbeD " ..ked by CouDC1l11aD 1Ioa1. 111'. Pro.t ..id that iDatallaent pa~t. tlata JUIr -W be ac:ceptabla. I *Or Scou. aðvl'" the (:Io-ioar Director that becau.e the bud,et I~d DOt be adopted uat11 aD "'joumed .etiaa. no c~c.ent coulel be ..... at tbat tiM but that tlley coulel tall frOll the taor of :~rof :_rce !clecate. recoaoiaad _tea of the _ ~ 11 July 6, 1970 . ... Ia.ine.s (coat'd) ç 11 c_te thae _ _r~_1t1oa to their request, _s forth- &: .... 4. c:ou.t Caleadar -50 .. IS Ie .e aøved by ~i~ IIoel. .ac:oDIIed by CouDci~ Fitqerald count cal""': ... paa...s ,-...f-ly thae all 1t_ lined on tbe cODaent calen- approved år of the ....... be -rr--ect. (a) lesoluti_ So. 2018: ftA laolution of the City Council of the City of Cupertino Accepting Quitclaila Deed and : Autboriaat1oa froa Foothill Printing aod PublishiDS, Inc." I , "solution 110. 2019: ftA Resolution of the City Council ! of the City of CupertiDo Accepting Quitclaim Deed and ' Autboriaation !roa Carl W. Haaland and Alberta M. Baalaad, His ~ife, and Robert E. Gollaher and Melba J. Gollaher, Hù -'öife." (11) (c) I "solution So. 2020: "A Resolution of the City Council of 1 the City of Cupertino Accepting Dedication of Real Property for Roadvay p..ape... frOll! Carl W. Ha .land and Alberta ~. Haalaad, His õilfe, aod Robert E. Go1.'.aher and Kelba J. Collaher, Hi. õilf.... (d) Resolution So. 2021: "A "solution of the City Council of the City of Cupertino Accepting a Grant of Easement frCD Carl W. !!&al&nd aDd Alberta M. Haaland, His Wife, aDd Robert E. GoIl&her and Kelba J. Gollaher, His Wife." (e) Resolution So. 2022: "A "solution of the City Council of the City of Cupertino Accepting Dedication of Real Property for IDAdvay Purposes from Alex Fitzgerald, Eloi.e H. Fitz¡erald, John Ranshoe, and Cupertino Realty, IDe." (f) Resolut~on So. 2024: "A ...olution of the City Council of the City of CupertiDo Accepting Dedication of Real Property for Road_y Purposes from Foothill Printing and PublisbiDS, Inc., Approximately 0,100 Acre Located at the Eat Side of BlaDey Avenue Approxilute1y 300 Feet South of &o.etItead Road," (I) Authorization for the ataff to notify developers and boDdiD& cOllp-fa that bonds _, be retired on the fol- l_iDa projects: Tract 110, 4334 (VUliaton Park): East aDd of Price A_ Tract 110, 4461 (Willi.ton Park, Unit No.2): North aide of Price Avenue, approxilutely 250' uat of BlaDay A,,_a. feP 16 -~~- dC,.·. ....,...... pubUc 1øv1~ :.0 _etu. wi r:!I .ber1fL·. depa.; , C .ift ~ SpaiD , ¡ I app~_ ..oJ. of' var~ CO cit,. swr. proc.-re c· ........... re~ ci.cy ~. - - of -.. I retlO'I~- tea of the City ëøuøcn .:hI1,. 6. 1970 CC-50 t b CouDc11MD 1. lfayor Stoke. said that lie ..... McOSle interested in the apsradiq of the City's _letter ~ p...J4e a public relatiODS djK. -t.... bad seen vbat va. beiDa ~ in a couple of other ciUe.. lie.... ' req_sted that Mr. Ryder ~ tile .ituation, diacue. tile _ttH witb the principal ru, a_ible for the.e _.azioe. .... to adY1ø Ida, the Hayor, of the 1Df~1oD obta1oed. Be then askeel thet AcdDa Cicy Jl8Dager Ryder distribuCe thi. - report '0 tile other - U'. of the City Council aDel to request the principal to appear at die bacI.et hearinl in oreler for the CouIIcll to d1scW18 thi. fur~. CouncilJuD Fitzgerald c-eq_ted that the ActiDg City JlaaaH 1Dri.te a member of the Sheriff'. Deparc.ent to attend the next _tiq of the SubcOllDittee studyiDa the law enforcement question for Cupertino, The purpose of this att~e would be to an_r quesUODS .... provide information on die type and level of service. available from the Sheriff's Depar~t. Councilman Frolicb, the second ...- ber of this committee, 1:v1ted all members of the Council who asked to attend. Mayor Stolte. added that because this vas an open ..e.ti., any other iDterested ft.r of the community could atteDel also. j '3. At the request of Mayo~ S~ltea it vas moved by CouncUaan Frol1cb. seconded by CouncilaaD !õoel and passed unanimously to authorize the Mayor to purchase a .--11 gift and transmit a,suitable letter to a city in SpaiD, s1lldlar to the exchange of last year, 2. , í . Son-Agenda It_ . il. Acting City Haaager Ryder requested authorization to have a varr&Dt drawn for issuance to the recently resigned City Manager Philip V, Storm. It vas moved by CoUDCn-.. Green, seconded by CouncillllaD Frolicb that a verrant be issued to the City Manager, pursuant to the terllll of the letter of resilß&tioD submitted by hila. Ayes: Counci~ Fitzaerald, Frol1ch, Green, Noel, Mayor Stolte. Noes: NOII8 Absent: Nooe I , !2. ~ Councilman Frolic~ tbeD qaestiDned the procedure for hirina a new City KaDaaer, ~yor Stokes appointed Councilmen Noel and Gr.en .. an Ad Hoc subc~tt.. to .bait a short report on the proposed pro- cedure of recruiting a _ Ct.ty Manager. This report i. to be _II- aitted at the adjourned _Cilia when the budget is to be revi.wcl. In accordanc. witb the ,....t of the Acting City !tma¡er. it .... .oved by CouIIcu.an Piuprald, .econded by CouocilaaD IIoel and p....d unanilloual,. tbac tile recent salary resolution for the c:~t.. fiscal year be ... ded to 1Bclucle adjustments for the folloviJl¡ _d eIIIlo,... .. ...14--1 in . report .ubaitt.d by Hr. Stone 3. - - of eM ~.~ CouocU .Jaly 6.. 1970 , cc-so PIle 17 "'... - ..~ It_ f.CQIIC 'cl) ~if' );,.~,.:~:;; '" -;f~,t:v :-:1 \",~ f:';~ ;: ";~ ~ted ....~ ue: - -~-. .Joseph Men. .J_ L r_. "... - . -, Va. D. JleDevic:b -·.,ll" J' '-'~ î . ,A retainer f~ city atty~:,¡~ .1 ""Ì '$ <~:' ' " ",,- '_oj.. -'. .. ,- .,,,~ .-:: __,f' It~...... co ted tII8Ç;,..... tile salary _lution va "*',. ( ...-~ .... ÛIt retainer foItt,dIII,Cky ~tomey bad not be_~' .1,. _da as it a"""'!""';;" 1.....1 aervic:e ita rather ~, " ... ...... 3.t t~t for deacoœ ad to preclude any ~ .rita be_ Cftrloobcl cJ.c dIfa _uer ahoalcl be adjusted DØIf. n we .,... ~ CoUIICillla -r II. -.coaded by CouDcllman Frollcb aud a- -..d ........·~ly that ~ --'---- for the City Attorney be $1.000 I .-r _tho I s.. ~ City At~-:ey presented a ~ report on matters of litisaCioD. acceptance 0 _...h repc~ 1IU accepted 117 ~ Council. I litigation status repor M~___t I . n _ ~ed by :"--=cilman Noel, I .. -~ed by Council:nan Frolich and so - .4 by Ma~:- ~:.:~es that the T T -i..g be adjour:i!d at l2 :50 A.H., Ia ::ecoAvene 1: :.:.e Conference JIDa. of the City Hall at 7:30 P.H.. - - y, July 13. :ro. ~PRO\"!D : /s/ Gary G. Stokes ~yor, City of CupeniDo .... II__.J,: laI Va. E. Ry¿e.:- CIzy Clerk