CC 06-20-78
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
HlNUTES OF THE ADJOIJUID ItIGULAIt niTDiG OF THI CITY COtJRCIL
HELD ON JUNE 20, 1978. DI 'lBB COIJ'fClL CIIAKBIR, CITY HALL
CUPBRTDlO, CA..lPORNIA
The Mayor called the meeting to order at 7:30 p.... in the Council Chamber
!It City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe. Rogers, Sparks, Kayor Jackson
Staff Present: City Manager Quinlan
Director of Administrstive Services Ryder
City Attorney Adams
Director of Public Works Viskovich
UNFINISHED BUSINESS
38. Legal opinion regarding removal of name~ from list of proponents of
Regnart Local Improvement District.
The Director of Public Works presented a letter dated Jlli,e 14, 1978, signe
by Robert J. Hill, Attorney with the firm of Jones Hall Hill and White,
which stated in part that the request for withdrawal of the name of a pro-
ponent after the petition had been signed could be given no leg~l effect
in connection with the purpose for which the petitions were signed and
filed. He further commented that the present situation and questio~s
arising thcrefrcm possibly could be moot in that there was a probability
for the submission of new petitions aa the result of changes having bep.n
made in the original proposal over a period of time.
Present.ations - Dorothy Wright, Regnart Road; Cecil Mahon, Regnart Road;
JoAnn Gholson, Regnart Road; Wm. R. Bell, Cupertino resident.
The Mayor requested and received permission to take up as the next item of
business agenda item 43 because of the presence of Supervisor Steinberg
and James Pott of the County Executive's Office for Santa Clara County.
NEW BUSINESS
43. Proposed sales tax collection ordinance.
(a) First reading of Ordinance No. 871: "An Ordinance of the City of
Cupertino Imposing a Sales and Use Tax on Certain Transactions,
and Declaring the Urgency Thereof."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imGusly that the Mayor be authorized to sign the proposed memorandum of
understanding between the rounty of Santa Clara and each of the cities
therein relat1ng to the cont i.nuation of the collection and distribution of
local sales tax.
CC-422
Page 1
Withdrawal
of nan>es
from petition
New petitions
rrcbably will
:'e submitted
Memo of
understanding
re sales tax
to be signed
CC-422
pe2
Staff to work
with County
re cOlIIIDunica-
tions sys tell
Library ser-
vice
City to try
tf! get con-
tributions;
continued
c.nued
No bids re-
ceived
Piazza Const.
awarded con-
tract
Continued
.
Transfer of
funds auth-
orized
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MINUTES OF THE JUNE 20, 1978, CITY COUNCrL HEETlNC
It was IIOv£d by Counc. Meyers, seconded by' Coun.:. Roaers and pas.,ed UDaII-
imoualy that the staff be directed to work with the OølØlty in the develop-
ment of au agr_nt which would address the issues raùed regarding the
delivery of communications eyst...
The staff wall directed to revi_ and su"~.it a report on June 26, 1978,
relatina to Supervisor Steinbora's req~est for aSllistance in providina
a better level of library service for Cupertino through the levying of
a property tax to pay the debt service for the library bonds.
The Mayor reques~ed and received perm1s9ion to take aaenda item 42 out of
order so that Mr. Steven Prater, Executive Director for Kids to Camp, Inc.,
could address the Council.
42. Request for contributions by Kids to Camp, Inc.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously that the City, through its elec~ed representatives, would
attempt to get cOlIIIDunity contributions and to continue the matter to the
meeting of June 26, ]97f.
39. Adoption of geographic areas delineating boundaries for use of con-
tributions under park dedicstion in-lieu fee.
This matter wss continued to the meeting of July 3, 1978.
40. Report on bid opening for City E~rgency Generator.
No bids were received in that the Department of Public Works had readvertised
the project.
41. Report on bid opening for Asphalt Overlsy 78-20, snd award 01 contract.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously that ~he award of contract be made to Piazza Construc~ion Co. for
its low bid of $185,439.60 and that there be taken from the 1978-79 budget
the requested contingencies an. additional appropriation of $25,&40.
43. Proposed sales tax collection ordinance.
(a) First reading of Ordinancp. No. 871: "An Ordinance of the City
of Cupertino Imposing a Ssles and Use Tax on Certain Transactions,
and Declaring the Urgency Thereof."
It was moved by Co·:.c. Meyers, seconded by Counc. Sparks and passed unan-
imously to continue the first reading of Ordinance No. 871 to an adjourned
meeting of June 26, 1978.
44.
Authorization to the Director of Finance to transfer unexpended
appropriations L.om one activity to another for year end accounting
purposes.
It was moved by ~unc. Meye~s, seconded by Counc. Sparks and passed unan-
imously to auttor!ze the transfer of all unexpended appropriations for year
end accounting purposes as requested.
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HIN1J1ES OF THE JUHI! 20, IS7S, CIn COUNCIL HEETIN(:
45, Continuing autœrizatiOl1 for t'" ezpllDditures of IIOnies durf.ng Fisca
Year 1978-1979 pl'1or to the fond adoption of that year'. budget
but in accordance with the tnt.nt of the City Council a. to expendi-
ture p~oar8lU.
It wa.. moved by Counc. Sparks, seconded by Counc. Meyers and pas.ed unan-
imously to authorize the expenditure of øon1es during ;¡scal Ye.r 1978-79
prior to the formal adopti~ of that year's budget but in accordance with
the intent of the City COuncil 8S to expe~diture programs.
WRITTEN COMMUNICATIONS
46. ~n~tion frolll the Cupertino Garden Club for the purchase and planti
of a tree.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unsn-
imously to accept the offer made by the Cupertino Garden Club, the Hayor
to so advise the Club and to invite thelll to an appropriate ceremony
following arrangements to be made by staff.
ORDINANCES
47. S"cond reading of Ordinance No. 876: "An Ordinance of the City of
Cupertino Amendina Section 1 of Ordinance No. 2 by Prezoning Approx-
imately 36.3 Acres frolll City of Cupertino Pre Rl-IOO, Pre Rl-40 anrl
Sant'l Clara County A to City of Cupertiuo Pre Rl-80; 3.2 Acres frOll
Santa Clara County A to City of Cupertino Pre RI-60; Located at the
Westerly Termtnua of Lindy Lane."
It was moved by Counc. Meyers, seconded by C~unc~ Rogers anû passel unan-
imously to read Ordina~ce No. 876 by title only and the Mayor's reading
to constitute the secol1d reading.
It ~as moved by Counc. MeyeT~. seconded by Counc. Rogers and rassed unan-
imously to enact Ordinanr.e No. 876.
48.
Second rea~1ng of Ordinance No. 878:
Cupertino AmendinF Ordinance No. 492
istration, !.i':~s1n8, Purchasing and
City of Cupertino."
"An Ordinance of the City c¡
Regulating the Operation, Reg··
Selliug of Bicycles Within the
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 878 by title only the Mayor's reading to
const~tute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to enact Ordinance No. 878.
49. Second reading of Ordinance No. 880: "An Ordinance of the Citv of
Cupertino Adding Cn&~L~L 10.56 to the Cupertino Municipal Code'Pr~-
hibiting Trespass Upon Shopping Center Property or Other Private
Property Open to the Public."
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CC-422
Page 3
Expenditures
authorized
prior to
adoption of
budget
Offer ac-
cepted, cer~-
money to be
planned
Second read-
ing of Ord.
No. 876
Ord. No. 876
enacted
Second read-
ing of Ord.
No. 878
Ord. No. 878
enacted
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~2~
Seccnd read-
1a'~ of Ord.
No. 880
Ord. So. 880
enacted
Res. No. 4730
adopted
Obtain pre-
liminary
p.um quote
At torney to
report
No action
Taxicab ord.
to be agen-
dized
Res. So. 4736
adopted
R~ No. 4737
a.ed
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MINUTES OF THE JUlIE 20, 1978, CtTY COUIIClL MEETING
It was moved by CoIØ\C. lfM,an, secODded b¡ CouuC. Rogera and pas"ad unan-
imously to read OrdiDolDC& Ro. 880 by title onl, and the Ma,or'. rudinl
to con~titute the .acond readina.
It was moved by Counc. Meyers, .econded by Counc. Sparka and passed unan-
imously to enact Ordinance No. 880.
RESOLUTIONS
50. Resolution No. 4730: "A Resolution of A!,;lication of the City Council
of the City of Cupertino Initiating Pre11111inary Procedure.s for
Municipal Reoraanization between Cupertino and Sunnyvale."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4730.
STAFF RE?ORTS
51. Re~ort and recommendation on proposed pooliog of insurance liability
and prelllilllll8.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to adopt the staff recommendation for proceeding with the obtaining
of preliminary premium quotations.
52. Report on environmental illlpact review procedure.
The City Attorney was requested to submit a written report on this matter.
53. Action takc~ by the Board of Supervisors in regard to the Metropoli-
tan Transportation Commission.
No action was taken.
54. Oral reports by staff members an~ submission of written reports.
The staff was requested to place on the agenda for the July 3, 1978
meeting the proposed taxicab ordinance.
It was moved by Counc. Meyers, seconded by Ccunc. O'Keefe and passe6 unan-
imously to approve Resolution No. 4736 and to appro~riate fcom the gas
tax fund the sum of $1,025.
Resolution No. 4736: "A Resolution of the City Council of the City
of Cupertino Authorizing L,~cution of Local Agency-State Agreement
for the Improvement of McClellan Road from Stevens Creek to Mira
Vista Avenue.."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 4737 and to authorize the Mayor to execute
the chip sealing agrePment with the Co~nty of Santa Clara.
Resolution No. 4737: "A Resolution of the City Council of the City
of Cupertino Authorizing the Execution of an Agreement Between the
County of Santa Clara and the City ~f Cupertino for Street Maintenance
Program, 197;-78."
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MINUTES OF THE JUNE 20, 1978, CITY COUNCIL MEETING
It ~as explained that $6.000 would be exp~ded from the 1977-78 budget
and that $26.000 would be expended frail the 1978-79 budaet for the com-
pletion of this project.
The Director of ?ublic Works atated that there could be a deletion of
$33,000 in Capital IlIIproveaenta in the 1978-79 budget which had been
included for the acquisition of right of way for North De Anza Boulevard
improvements as the Counc',l would ezercise the waiver provision of the
unimproved street ordinance.
It was moved by Counc. Keyers, seconded by Counc. Sparks and pasaed unan-
imously with Counc. O'Keefe abstainina that dedication of the right of
way b.. obtaiDed from the St. Joseph'. Church and that the conditions for
future improvement provided in the unimproved street ordinance be waived.
It was the consensus of the Council that this action did not constitute
the setting of a precedent.
The City Attorney inforŒed the Council that with resvect to the litiga-
tion involving suit against the City by the Nor.thpoint Homeowners Asso-
ciation the judge had sU9tsined the general demurrer without leave to
appeal or amend.
NON-AGENDA BUStNESS
55. Recognition by .~yor of special requests.
(a) General Audience
None
(b) City Council
The City MdDager was requested to sublllit a claim to ABAG for a :ebste of
70% of the dues as stated by ABAG in view of its fiscal position. The
lIIatter of continuing membership in the organization was continued for
further discussion on June 26, 1978.
Counc. Meyers requested the staff to review the situation involvi.ng the
McClellan Ranch Park entrance design which was to have been on the June
19, 1978 agenda and to have this for review and discussion at the ad-
j~urned meeting of June 26, 1978.
It was reported that the completion of improvements on Stelling Road was
being d~layed by failure of PG&E to complete its portion of the project.
The staff was requested to investigate the timing of the De Anza Blvd./
Mariani traffic signals as they are not responding to demand actuation.
r.OUNCIL REPORTS
56. NO>'1e
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CC-422
Page 5
Dele tion in
capital imp.
budget; Counc
to ezercise
waiver
Dedication to
be obtained
No precedent
set
Judae sus-
tained gen-
eral demurrer
Claim to ABAG
for rebate
of dues
Review of
HcC:lellan
Ù.nch Park
entrance
PG&E delaying
completion of
improvements; ,
Timing of
lights to be I
investigated
i
*2~
Meeting to
be set
Suppor.: 58
2212
Adjournment
to Executive
Session
Salary freeze
motion died
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MINUTES OF THE JUNE 20, 1978 CITY COUNCIL MEETING
57. None
58. Traffic Reduction SUbc~tt.. - ~ staff was requested to eet up .
meeting in the near future for the Trsffic Reduction SubcODlittee.
59. Legislative Review Committ-.e - It vas IIIOved by Counc. ~i....c01llled
by Counc. Heyers and passed unanilllOus1y to adopt the recOllllDl!ndation of the
Legislative Review Committee and to support SB 2212.
It was moved I:y Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously that the City Council adjourn to an Executive Session for the
purpose of persounel and meet and confer discussion. The Mayor so adjourned
the meeting at 10:41 p.m.
The Mayor reconvened the City Council in open session at 11:12 p.m.
Counc. O'Keefe lIIoved that given the economic conditiooa at the present
time that the City impose a freeze on all salaries for City of Cupertino
employees. The motion did not receive a second and therefore died.
The Mayor adjourned the meeting at 11:13 p.m. to 7:30 p.m., June 26, 1978.
City
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