CC 05-16-78
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CC-416
Peae 1
Request for
executive
session
March 20 min-
utes approved
as amended
Continued
Statement by
Homeowners
Association
Continued
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CITY CF CUPERTINO, STATE OF CALIPORBlA
10300 Torre Avenue, Cupertino, California 95014
Telephona: 252-4505
KlNtJTES 0/ THE ADJOIIUED ItEGULAR MBftlØG or TIll CITY COO1ICIL
BELD ON MAY 16, 1978, 111 THE COUNCIL CJWIBIR, CITY HALL
CUPUTIHO, CALIFOJUaA
The Mayor called the meeting to order at 7:35 p.lII. in the Coundl Chamber
of City Hall.
SAWTE 'J"J THE FLAG
ROLL CALL
Counc. Present:
COlInc. Absent:
Meyers, O'Keefe, Rogers, Mayor Jackson
Sparks
Staff Present:
City Manager Quinlan
Deputy City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public WQrks Viskovich
Director of Parks and Recreation Butler
City Attorney Adams
UNFINISHED BUSINESS
22. Recommendation from the City's insurance carrier for the City to ass
ciate its own counsel in the North~oint Romeowners' Association liti-
gation
The City Attorney requested an executive session at the end of the regular
meeting to discuss this matter.
23. Approval of amended minutes of March 20, 1978. (CC-408)
It was moved by Coun". Rogers, seconded by Counc. Meyers and passed unan-
imously to approve the £inutes as amended to omit the last two paragraphs
on page 2 and the first three psragraphs on page 3, that being the section
referenced ''Reason for Request for Executive Session".
24. Proposed procedures for appointment of Commission and Committee member
By consensus, this item was continued to the meeting of June 5, 1978.
25 Report regarding action taken to resolve Oak M~aðows Homeowners' A~so-
ciation's dispute with water bill.
Mr. Murray of the Oak MeaQows Homeowners Association addressed Council
stating his feeling that the burden is on the City to prove the presence
of & leak. The matter was ta~led while the City Attorney referred to the
Municipal Code.
26. Review of ABAG's Environmental Manalement Plan.
Continued to meeting of June 5, 1978.
C,-~16
Page 2
.
Proceed as
recommended
staff
CouncÞ Meyers
appointed to
Transportat:.ion
Commission
Bids rej ected
Cont ract
aw.c:! to
M. lack
Paving Co.
Report re-
quested re
park vandalism
Ad hoc com-
mlttee to
pres"nt gift
suggestions
R"3. No. 4708
adopted
.
I
MIIiUTES OF THE MAY 16, 1978 CITY COUNCIL MEETING
27. Recommendation by Part. 'Recreation Commission for r<:urbishina Mc-
Clellan Ranch Barn.
It wss IIIOved by Counc. Heyen, secoadecl by Counc. O'Keefe and pass"'¡ unan-
by imously to proceed as racomaended by staff.
NEW BUSINESS
28. Appointment of a Council lII_ber to serve on the Transportstion Com-
mis~ion for term of office commencing July 1, 1978 and expiring June
30, 1980.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed with Counc.
Meyers abstaining t~ appoint Counc. Meyers to the Transportation Commission.
29. Report on bid opening for Miller Avenue Median Modification, Project
78-13, and award of contract.
It was moved by Courc. Meyers, seconded by Counc. Rogers and passed unan-
imously to reject all bids as being in excess of the appropriated amount.
30. Report on bid opening for Honta Vista Park (Voes '~~ Street Improve-
ments), Project 78-10, and award of contract.
Per staff recommendation, it was moved by Counc. Meyers, seconded by
Counc. O'Ke"fe and passed unanimously to award the contract to M. C. Slack
Paving Company for their low bid of $14,945. An sdditional appropriation
of $6,840 frOlll the general fund was approved for both the overage and
the contingency.
If staff can suggest a way to prevent vandalism in parks, parti<ularly :hat
created by the use of dirt bikes, Council requested s report 4L the June 5,
1978 meeting.
31. Discussion on design of ceremonial gift for presentation to visiting
dignitaries.
Council appointed an ~ hoc committee consisting of Counc. O'Keefe, Counc.
Sparks, City Manager QuillIan and Director of Parks and Rec1Ceation Butler
to present Council with a suggestion for a gift for visiting dignitaries.
32. Request from Tracy EI,sworth for closure of Merritt Drive, West end.
It w,s moved by Counc. Meye~s, seconded by Counc. Rogers and passed unan-
imol'.sly to adopt Resolution No. 4708, itA Resolution of the City Council of the
City of Cupertino Declaring its Intention to Order Vacation of Portions of
Mariani Avenue as Provided in Section 8320 et seq. of the Streets and High-
~ay. C~ e of the State of California; Retaining Portions as Public Utility
Ea~e~ent9, Sanitary Sewer Easements, Landscape Easements, Pedestrian and
Bicycle Easement; Fixing Time and Place for Public Hearing and Providing
for Notice ·¡:~ereof. II
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MINUTES OF THE KAY 16, 1978 CITY COUNCIL MEETING
L~FINISHED BUSINESS {continued)
25. After referring to be Cupertino Municipal Code, Chapter 1~.12. the
City Attorney dete~ned that tbe Council must deny the request for vAter
bill adjustlllent unless the Oak Meadow. Homeowners Association could pre-
sent proof of faulty meter.
It vas moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unsn-
imously to deny the request for adjustlllent of water bill.
NEW BUSINESS (continued)
33. Report of cost of abatement of abandoned building, North De Anza
Boulevard.
(a) Resolution No. 4705: "A Resolution of the City Council of the
City of Cupertino Confirming the Chief B~i1ding Official's Re-
port of th~ Cost of Abatement Nuisance Consisting of the Aban-
doned Building at the Southwest Corner of th~ Intersection of
North De Anza Boulevard and Lazaneo Drive and Ordering That Said
Amount be Collected cn the Tax Roll of tbe City of Cupp.rtino
Fiscal Year 1978-1979."
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan-
imously to continue and to amend Resolution 4705 to include administrative
C3stS. Council requested this item to be returned to them at their reg-
ular meeting of June 5 unless it is necessary to renotify the property
owners and to repost the building.
CC-416
Page 3
Request for
water bill
adjuatment
denied
Continued;
Res. No. 4705
amended
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- Administra-
imously to include administrative co~ts in all future abatement procedures. tive costs to
be inc1u':ed
34. Adoption of budget for North De Anza Boulevard A~sessment District.
35. Tax rate levy for North De Anza Boulevard Assessment District.
(3) Resolutiot.; No. 4303.28: "A Resolution of the City Council of -hp
City of Cup~rtino Setting Tax Levy for North De Anza Boulevard
Landscape Maintenance District.1I
It wal' moved by C.:>unc. O'Ke.,fe, seconded by Counc. P.ogers and passed unan- No action
imously to take no action ~n these itL~s and the staff t~ return to Council taken
when appropriate.
36. Report regarding contents of Sales Tax Ordinance which would act as a
substitute for the existing authorization should the present ordinance
be abrogated.
(a) Urgency Ordinance No. 871: "An Ordinance of the City of Cuper-
tino Imposing a Sales and Use Tax on Certain Transactions, and
Declaring the Urgency Thereof."
_l~
No action
taken
"Happy Hopper'
chosen as
frog name
Ree. No. 4706
adopted
.
Accepted
Accepted
Accepted
Letter to be
sent re noise
and traffic
problems
.
Accepted; no
action
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MINUTES OF THE HAY ló, 1978, CITY COUNCIL MEETING
Upon reco_ndation by the City Attoroey, Council reached a CODS.!DSUS to
take no action and to table the uraency ordinance.
37. The selection of a name for the City's entry in the ..-- ... frog
jumping contest.
By consensus the Council naaed the Cupertino entry in the Calaveras Froa
Jumping Contest "Happy Hupper".
39. Resolution initiating annexation proceedings for "Re&ßart 77-10".
(a) Resolution No. 4706: itA Resolution of the City Council of the
City of Cupertino Initiating Annexation Prcceedings Pursuant to
Section )5031 of the Government Code and Setting Time and Place
for Public Hearing for 'Reg"art 77-10'."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to adopt the Resolution.
WRITTEN CO~fl!N¡CATIONS
40. Letter from Janet Gray Hayes, Mayor, City of San Jose requesting that
Council urge the school districts to implement an 1mmuni~ation program
for all children prior to their enrollment in school.
The letter was accepted.
41. Communication from North Sacta Clara County Municipal Solid Waste
Management Progrdlll Coordinator regarding Environmental Assessment
of Alternative Sanitary Landfill Sites.
The letter was acceFted.
42. Letter from The Cupertino Historical Society, Inc. thanking Council
for its efforts to preserve the Wi~-Baer House.
The letter was accepted.
43. Letter from Ad Con Management Co., Inc. regarding possible traffic
noise to be generated with ,he construction of proposed apartment
complex.
It was moved by Counc. Rogers, seconded by Counc. MeyerR and passed unan-
imously to direct staff to send a letter to the City of Los Altos sup-
porting thp recommendations contained in a letter received frolll Ad Con
Management Company, Inc. regarding noise and traffic probl~s which may
be created by the construction of a proposed apartment complex adjacent to
Glenoaks Park Villas.
44. Memo from Barbara J. Canpbell, ~ounty Librarian, re~arding impact
passing of Proposition 13 will have upon tì.e County Library department.
The letter was accepted; no action was taken.
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MINUTES OF THE HAY 16, 1978 CITY COUNCIL MEETING
ORDINANCES
45. Second Reading of Ordinance Nu. 874: "An Ordinance of the City of
Cupertino Amending Section I of Oråinance No. 2 by Rezoning 0.37 Acres
frolll R3 to P; Located Easterly and Adjacent to North De Anza Boulevard
Approximately 100 Ft. Southerly of the Future Intersection of Lazaneo
Drive and North De ADza Boulevard."
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to read Ordinance No. 874 by title only wnd the Mayor's reading to
constitute the s~crnd reading.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to enact Ordinance No. 874.
RESOLUTIONS
46. None
STAFF REPORTS
47. Report pertaining to difference in sound wall fence heights and use of
parking spaces for unloading trucks at McClellan Square.
Council requested that the City Manager Meet with representatives of Ralphs
Market to discuss problems relating to sound wall fence heights and use of
parking spaces for unloading trucks at ~cClellan Square with a report back
to Council.
48. The procedures currently used by the City in hiring of consultants.
It was moved by Counc. Meyers, seconded by Counc. Ro~ers and passed unan-
imously that Council is to be inforŒed on the hiring of zll consultants
other than geology, traffic and sound consultants, to be notified of all
consultants hired for the fee of $2,000 to $5,000 and to approve the
hiring of all consultants for a fee over $5,000. For consultants charging
less than $2,000, Council will receive the information as part of the "ill
resolutio~ if they are geology, traffic or sound consultants.
49. Oral reports by staff members and submission of written reports.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unan-
imously to not show the slides prepared by thp. League of California Cities
pertaIning to Propcsltions 13 and 8.
It was moved by Coune. Meyers, seconùed by Coune. O'Keefe and passed unan-
imously to replace ~ucalyptus trees with flowering pear trees within the
Wilkinson-Collingswort.. "rea.
It was moved by Coune. Meyers. seconded by Coune. Rogers and passe~ unan-
imously to approve a fireworks' display for the sum of $4,500 for the 4th
of July celebration at Memorial Park. $500 i~ to be taken from the 810
account of Parks.
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CC-416
Pege 5
Second read-
ing of Ord.
No. 874
Ord. No. 874
enacted
Meeting with
Ralphs Market
repre&enta-
tives
Hiring and
reporting
procedurt:!s
for consult-
ants
Slides not
to be shown
Replace trees
Fireworks
display
approved
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CC-416
P.6
Letter a?-
proved as
amended
Letter to
County Plan-
ning re permi
Counei":" veri-
fication of
a~lnexat ion
policy
Policy re
annexation -
water rates
and storm
dcô.ih flt:c:s
Letter to
se.smith
Plans to be
approved by
City
Use of public
facility for
art show
£eer and wine
allowed in
parks
RecottØDenda-
tions of LRC
adopted
EXE::cutive
session; law
firm to act
as indepen-
dent counsel
.
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KINU'!:ES OF THE KAY 16, 1978 CITY COUNCIL MEETING
It was IIIOved by Counc. Meyers, eeconded by CoIll1C. O'Keefe and passed
unanimously to approve the transmittal letter froa the City Kanager to
the City Mansger of San Jose regarding the bOUDdarJ transfer isaue, aa amended.
Paragraph 1, Page 2 was IlllU!nded with the word "tenure" being changed to) "term".
It was lIIoved by Counc. O'Keefe, seconded by Connc. Meyers and pøased unsn-
illlously to approve the sending of a letter to the County Planning Department
recoDlDending their not isauing a use permit for coaDercial to Allied Auto
Glass, Inc. on Tantau Avenue.
Director of Public Works Viskovich informed Council that under the Municipal
Organization Act of 1977, LAFCO can no longer apfrove road strip annexa-
tions. Resolution 1545 allows for use of Cupertino water for unincorporated
dwelling at double storm drain fees a~d double vater rates until an
annexation can occur. He requested Council's verification as to whether
or no: this policy was still in effect. Council informed hill it is.
Council requested a staff report for their June 6 meeting regarding a
policy to be adopted regarding water rates and storm drain fees for par-
cels unable to annex to Cupe~tino at time of construction of dwellings but
who annex to the City at a future time.
Council also requested the City Manager to inform Senator Smith of the
action taken and to urge that a solution be determined and incorporated
into MORGA.
Council authorized staff to request approval of building plans by the
City before the County issues a p~rmit in such cases.
By consensus Council authorized the use of a public facility for an art
show sponsored by the Cupertino Fine Arts League.
By consensus Council continued the present policy of allowing beer and wine
in public parks.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
un~nimously to adopt the following recommendations of the Legislative
Review Committee: Support SB 1445 and SB 1457; oppose SB 1746, SB 1927,
AB 2757. AB 3632, AB 3236, AB 2058 and AB 3653; to obtain a copy of AB
36Q~; to take no action on AB 2659 and ACA 79 and to send a letter to
Assemblyman Knox in appreciation of his assistance in defeating AB 3546.
At 10:55 p.m., Council adjourned to an ex~cutive session. Upon return
to the Council Chamber at 11:10, it was stated that the law office of
Adams, Ball, Wenzel & Kilian will act as independent counsel in the suit
filed by Northpoint Homeowners' Association.
The meeting was adjoarned at 11:15 p.m. to 7:30 p.m., Tuesday, May 30,
1978 for a Council/staff budget study ses&ion.
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