CC 04-20-83
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUIIICIL
HELD ON APRIL 20, 1983 IN THE COUNCIL CIWIBER, CITY 1W.L
CUPERTINO, CALIFORNIA
~yor Gatto called the meeting to order in the Council Chamber, City
Hall, at 7:35 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public ~orks Viskovich
City Attorney Kilian (7:45 p.m.)
Associate Planner Piasecki
NEW BUSINESS (continued from April 18, 1983 meeting)
30. (cO!:tinued)
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Mayor Gatto reviewed the disC8ussion that had oceurred regarding this
item at the meeting of Monday, April 18, 1983.
Diseussion followed regarding the po~sibility of assigning second tier
to Vallco Park and Town Center only with others in the Core Area being
under the 16 trip end constraint. In conjunetion there would be a
$1 per sq. ft. construction tax regardlcss of what would be first o~
second tier. The Standard Conditions 1-14 would still be in effeet.
The construction tax would apply if the applicant did not receive a
building perMit prior to the necessary ordinance enactment. If a con-
dition of approval pertained to anything listed on the upper tier plan,
the applicant could come back to the City Council to waive that con-
dition. Upon being questioned by the City Couneil, the City Attorney
stateci ..~ did believe a construction tax could be indexed if such
indexing related to the increase of construction costs. It could be
collected at any level as long as some administerial permits were being
issued. Staff was directed to look at administerial outoff steps.
John Volckmann, Stevens Creek Boulevard, suggested that the ordinance
come into effect sixty or ninety days after enactment as he had already
negotiated agreements in good faith.
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It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to adopt Resolution No. 6078 setting a public hearing for
consideration of an amendment to the construction tax ordinance for
May 16, 1983.
(City Clerk's Note: Later in the meeting this resolution was revised
to conduct the public hearing on rhursGay, Hay 2b. 1983 at 7:00 p.m.)
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CC-607
Page ::.
Res. No. 6078
adopted re
construction
tax hearing
.07
Page 2
Library fun<1-
ing
Patent claim
rejected
Donohue ard
USAA claims
referred to
insurance
carrier
.
Carpentér
claim auth-
orhed for
payment
Extension for
KKUP
.
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MINUTES OF THE APRIL 20, 1983 CITY COUNCIL MEETING
31. Considered at April 18, 1983 meeting.
32. Alternate funding structures for the Cupertino library.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to reaffirm their satisfaction with the present l~el of
service provided by the Cupertino Library and the City !fanager was
directed to so inform the Library Collll1ssion. Should present conditions
change, level of service and funding could be reronsidered.
33. Claim for damages filed by Steven H. Patent.
It was moved by Counc. Johnf'on, seconded by Counc. Sparks and passed
unanimously to reject the claim for damages fil..d by Steven H. Patent
and direct the City Clerk to notify claimant.
34. Claim for damages filed by Jeanine Donohue and USAA.
It ..as moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to refer the claim filed by Jeanine Donohue and USAA to the
City's insurance earrier and to defer any action on the claim until such
time as the insurance carrier determines the City's responsibility
in the matter.
35. Claim for damages filed by Harry Carpenter.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimoUSly to author-ize payment in the amount of $7' '9 for the clai.
of Harry Carpenter, after thß appropriate release haÞ been executed.
36. Request from KKUP for additional 30 ~ay extension of delay of rent
increase,
It was moved by Counc. Sparks, seconded by Counc. Roger3 and passed
unanimously to authorize a maximum extension for KKUP of thirty days
and to appropriate up to $450 fro~ ~he General Fund whicp will be prorated
to match the extension of their stay in the building owned by the Cupertino
Water Utility.
37. Proposal for limitation of terms for Council anè advisory body
members presen'-ed by Ms. Ann Anger.
Ann Anger addressed Council regarding !~miting terms of City Council
members and advisory body members to two consecutive terms.
Charles Newman, Chamber of Commerce, read a letter into the record stating
the Chamber's support for the proposal.
Barbara Koppel, Vice President, West Cupertino Homeowners Association,
read a letter into the record of that Association's support of the
proposal.
Wes Williams, President, Monta Vista Homeowners Association, read a
letter into the record of that group's support for the proposal and
stated that their support was not just for such limitations on City
t
:·aNUTES OF THE APRIL 20, 1983 CITY COUNCIL MEETING
Council and Planning Commission, but on all commissions and coaadttees.
Bill Lewis, Residential Streets for Residents, also read a letter of
support for the proposal.
City Attorney Kilia. stated he was prepared to give some advice if
Council so desired. He stated that there is no restriction on the
City Council regarding imposing restrictions on commission terms. In
regard to City Council terms, he stated th~t cities cited by Mrs. Anger
in her letter are charter cities. In general law cities, Councils are
governed by State law. The Government Code does not address this issue
There are no Attorney General's opinions on this issue. He suggested
the Council request an Attorney General's opinion regarding limiting
Council terms prior to any public hearing on that issue. He stated
that although the Attorney General does not make law, his opinions
are published and do carry weight. He felt that the Attorney General's
opinion would be the most impartial manner of getting an opinion. The
limitation of Council terms would be a common question to all general
law eities. An opinion could be requested through Assemblyman Konnyu
or Senator Alquist.
.
By censensus, Council set a public h@aring regarding limitation of
terms ¡or advisory boards for their regular meeting of May 16, 1983.
At that time, they requested information regarding which present
commissioners and committee members have served two terms or more.
Couneil directed a letter be sent to Sen. Alquist requesting an
Attorney General's opinion regarding restricting terms for City
Council.
38. Report on bid opening, Orange Avenue/Mann Drive Traffic Signal,
Project 82-13, and award of contract.
It was moved by Counc. Johnson, seconded by Counc. Rogers and pas..ed
unanimously to award the contract for Orange Avenue/Mann Drive Traffic
Signal, Project 8Z-l3, to Howard Electric in the amount of $51,825
based on the lowest bid received.
39. Review of Gill Cable rate increases by the Cable TV Advisory
Committee.
As no action was necessary, Council received the report.
40. Recommendation from Cable TV Advisory Committee to amend the
Cupertino Municipal Code to reflect a change of Committee duties.
.
(a) Ordinance No. lZZ2: "An Ordinance of the City of Cupertino
Revising Section Z.74.060 (Duties, Powers and Responsibilitie
of the Cacle Television Advisory Committee) of the Cupertino
Municipal Code."
CC-601
Page 3
Public hearing
re limitation
of terms for
members of
advisory bodies
Contract to
Howard Elec-
tric
_or
Environmental
review of
I-GPA-83
i
I
First reading
of Ord. lZZl
Res. :>0. 6076
continued
.
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MINUTES OP TIlE APRIL 20, 1983 CITY COUNCIL KEETIIIG
Don Mackenzie. Chairperson, Cable T'l Advisory co.úttee, was available
to answer questions regarding tbe proposed ordinance.
Discussion followed regarding what is presently in effect and the
revisions proposed. Council requested that tbe ordinance be clarified
and thlst the City Kanager, City Attorney and Mr. Mackenzie or a rep-
resentative of the Cable TV Advisory Coalittee meet. The Council
stated they did wisb to maintain ultimate control. However, the
Committee should look at the franchise compliance issue prior to its
review by the City Council.
NON-AGENDA ITEM
Application I-GPA-83 of City of Cupertino: It W38 moved by Counc.
Plungy, seconded by Counc. Johnson and passed unanimously to determine
that environmental review of Application I-GPA-83 pertaining to Inspiration
Heights is not required since there is no project.
WRITTEN CO}fßJNICATIONS
42. None
ORDINANCES
43. First reading of Ordinance No. 12Zl: "An Ordinance of the City
of Cupertino Amending Section 11.24.l50 of the Cupertino Municipal
Code Relatin~ to Stopping, Standing or Parking on (Old) Blaney
Avenue. II
It was moved by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1221 by title only and the City Clerk's
reading to constitute the first reading thereof.
RESOLUTIONS
44. Resolution No. 6076: "A Resolution of the City Council of the
City of Cupertino Rescinding Resolution No. 5913 and Authorizing
Execution of Agreement between the City of San Jose and the City
of Cupertino for Sharing of Costs for Modification of Traffic
Signals at De Anza Bouievard and Bollinger Road."
By consensus, Council continued this item to the May 2, 1983 meeting.
NON-AGENDA ITEM
Resolution No. 6080: "A Resolution of the City Council of the
City of Cupertino Making its Order Describing the Boundaries
of the Reorganization Designated 'Seven Springs 80-17' to be
Annexed to the City, and a Portion Thereof to be Also Annexed to the
Cupertino Sanitary District, and Ordering Annexation to the City
Approximately 155 Acres Generally Bounded by Rainbow Drive to the
~orth, Stelling Road to the East, Prospect Road to the South,
and by the Fremont Older Open Space Preserve and Upland Way to the
West."
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MINUTES OF THE APRIL 20, 1983 CITY COUNCIL HEETING
It was moved by Counc. Rogers, seconded by Counc. Sparks and pass4ld
unanimously to adopt lI.asolution No. 6080.
NON-AGENDA BUSINESS
46. Recognition by Mayor of special requests.
(a) General Audience.
Burrel Leonard, Vallco Park, stated that it was important for repre-
sentatives of Vallco Park to be present at the public hearing rsgarding
amendment to the construction tax. However, there 18 a scheduling
problem for the May 16, 1983 meeting. By consensus, Council amended
Resolution No. 6078 to read Kay 26, 1983, 7:00 p...
At 9:45 the meeting was adjoumed to a cloaed session.
At 10:00 p.m., the me~ting reconvened in Council Chaaber with the same
Council and staff members present.
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It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to authorize the City Attorney to appear in the matter of
the appeal of decision of small claims court regarding the claim filed
by Carol Birkey.
The meeting adjourned at 10:05 p.m.
Átl~ £P:~
City Clerk
.
CC-607
Page 5
lies. No. 6080
adopted
Res. No. 6078
amended to
change date
of hearing
Attorney to
appear in
Birkey case