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CC 11-27-68 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE CITY COUNCIL MEETmG HELD NOVEMBER 27, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. The meeting was called to order at 8:07 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 Ryder; Department of Public Works Director Finney; City Engineer Boyd; Senior Planner Laurin; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Absent: Chief Building Inspector Benevich who was attending the meeting of the Architectural and Site Control Committee scheduled for this same date, and Assistant Planner Nuzum. Mayor Noel turned the meeting over to City Clerk Ryder for the Admin istration of the Oath of Office to the newly appointed members of H Control, Messrs. V. J. Adams, Jr. and Richard E. Buellesbach. CC-32 call to order flag salute roll call oath of office ad- inistered Councilman Stokes moved to approve the minutes of November 18, 1968 as printed. Councilman Beaven seconded and it was passed unanimously minutes approved There were no written communications. Mr. Walter Ward asked that the street lights on Tantau Avenue be turned on as soon as possible to avoid further vandalism. Vallco Park General Manager Walter Ward also wok exception to the wording of the City Council minutes of November 4, 1968 relative to the Red Coach sign as well as to the minutes of H Control in connection with Application 354-HC-68. Councilman Stokes clarified the points in question; there was no fUrther discussion on the subject. Brother Robert Juenemann, O.M., told the Councilmen that he was not opposed to the construction of the proposed water tanks on San Juan Road, but insisted upon extensive landscaping considerations by the Council to hide the tanks as much as possible from the view of the Marianist property on San Juan Road. request for lights clarification of minutes extensive landscaping asked The Council suggested that the City Manager to view the landscaping plans when they are scaping is commenced. contact Brother Juenemann suggestion ready and before the land-by council There were no other oral communications. end of orals page 2 planning no report h control no report parks no report no p.h.'s Ord. 002(0-2) 1. legend second reading Ord.002(0-2) enacted Res. 1716 adopted Res. 1719 adopted Minutes of the City Council November 27, 1968 CC-32 Report of Commissions A. Planning Commission There were no minutes of the Planning Commission; there was no report. B. Architecture and Site Control Committee There were no minutes of H Control; there was no report. C. Parks and Recreation There were no reports in addition to the written departmental report. There were no listed Public Hearings. Ordinances Second reading of No. 002(0-2): providing for the reduction of minimum area of a Planned Development to not less than fifteen (15) acres and amending Ordinance No. 022 ( 0) . Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Dempstercmoved for enactment, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Resolutions 1. No. 1716: authorizing execution by the City Manager of a letter to the Division of Real Estate, State of California, setting forth the requirements for subdivision of real property in the City of Cupertino. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. No. 1719: approving Supplemental Freeway Agreement Councilman Stokes moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Minutes of the City Council November 27, 1968 CC-32 page 3 Resolutions cont'd 3. No. 1720: accepting quitclaim deed from Robert McDonald Erving Trust Res. 1720 Councilman Dempster moved for adoption, Councilman Beaven seconded. adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 4. No. 1721: accepting quitclaim deed from Claude T. Linds&¥, Res. 1721 Inc. Councilman Stokes moved, Councilman Dempster seconded for adoption. adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 5. No. 1722: approving payroll for the period ending November 30, 1968. Res. 1722 City Treasurer Fitzgerald presented the payroll. Councilman Dempster adopted moved for adoption, Councilman Beaven seconded. Ayes: Councilman Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. No. 1723: approving miscellaneous and general expenditures Res. 1723 City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved, Councilman Dempster seconded for adoption. adopted Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Unfinished Business unf.business L Report on petitions received for formation of Regnart Improvement District. LID formation report The City Engineer introduced Mr. Wayne Howarth of Lawrence G. Brian presentation & Company, Consulting Civil Engineers, who asked to be permitted requested to explain the proceedings necessary in connection with the petitions. The Council agreed. Mr. Howarth stated that a group of Regnart Canyon citizens had con- sidered the formation of an Improvement District in the area for some time and that this group was comprised of major property owners who had retained the services of his firm to advise them as to the proceedings. request for services defined page 4 methods to be employed explained request for staff report staff outlines discre- pancies caution by engineer recommend- ations re- capitul.ated statements Minutes of the City Council November 27, 1968 CC-32 Unfinished Business cont'd According to Mr. Howarth and in conformance to the 1913 Act, the following method woul.d need to be employed to form this district: 1) adopt a resolution determining to undertake proceedings to special assessment; 2) adopt a resolution appointing engineer and attorneys for the project; 3) adopt a resolution requesting consent of the Board of Supervisors of the County for extra-territorial jurisdiction to undertake proceedings for the acquisition and con- struction of public improvements; 4) adopt resolution of intention to acquire and construct improvements. After Mr. Howarth's initial presentation, City Manager Storm asked that the staff be permitted to make their report on the subUect. The Council agreed. City Engineer Boyd stated that the petitions for the proposed project contained 75.5~ signatures and, if completed, the project would be of paramount value to this area. There were however, according to Mr. Boyd, several discrepancies in connection with the actual petitions, particul.arly relative to the obligations the City would incur, and in view of the fact that the petitions are based on the assessment roll of 1967, which is no longer current. Mr, Boyd further maintained that there were a few minor matters which could, in view of lack of ob- jections from area residents, be remedied easily, It was Mr, Boyd's statement that he was not opposed to the formation of the district but that certain inherent matters had to be brought to the attention of the CounciL. Mr. Boyd cautioned that the request to enter into an agreement to provide water services woul.d constitute an act by the City on behalf of the Water District. Mr. Boyd suggested that, because this was not clear1:y stated, a stipul.ation be made by which the City does not incur an obligation to service this area with water. With regard to employing the services of Lawrence G. Brian & Company, Mr. Boyd stated that this should be clarifi~d as the Council was on'record not to allocate any City funds toward the formation of the District. It should be clearly stated that the City of Cupertino does not incur any such commitment. In connection with the request for consent by the Board of Supervisors for extra-territorial jurisdiction, it was Mr. Boyd's opinion that the Board of Supervisors woul.d stand advised by their own staff members and woul.d not take anything this City might se:y into consideration. Mr. Boyd recapitul.ated his recommendations that the City Council at this time not only not make any commitments but state emphatically that such commitment is not being made nor is such commitment anticipated to be made in the future. Mr. Boyd contended that his department had analyzed this matter to a point where further studY of the petitions would be redundant and if the district can be formed legitimate1:y without obligating the City in any we:y, the proposal woul.d be an excellent one for the area under discussion. Minutes of the City Council November 27, 1968 Unfinished Business cont'd Mr. Jensen of the law firm of Wilson, Jones, Morton and Lynch of San Mateo explained what each of the proposed reaolutions requested of the City would mean. CC-32 page 5 City Manager storm reiterated that it had been the Council's direct- ive and agreement to proceed with this project but without any out-of- pocket expenses and on a technical advice basis only. Mr. storm I also pointed out the differences between the 1911, 1913 and 1915 Acts in connection with the proposal, stating that the 1915 Act should not be employed under any circumstances. The first petitions had come in under the 1911 Act but had since been changed to now read explanation the 1913 Act. He would agree to the Council designating an agent and caution to negotiate for the acquisition of the water works providing there by city was no City expense involved. He cautioned that San Jose Water manager Works has a policy of not servin~water above a 3,000 feet elevation. He also concurred with the City Engineer that engineering expenses were not to be an obligation of the City. City Attorney Anderson agreed with the City Engineer that judgment should be reserved by the City for obligating the Water District. It was Attorney Anderson's opinion that, to anticipate what the Board of Supervisors might decide relative to the consent to extra- territorial jurisdiction, would be folly and if they should decide against granting the consent, that would be the end of the matter. Further, that, if the LID does not go through, somebody will have to pay the engineer for his services and for the charges that have already been incurred, the costs of which would be valid llens against the property owners in the area. The contract provides that, if the LID falls through, the engineer and the attorneys shall be reasonably reimbursed for services rendered. It was Mr. Anderson's caution that there is an element of possible risk In the 10 cents assessment liability. attorney renders legal advice City Engineer Boyd restated that it was his recommendation that there be a stipulation that the City be held free of all obligations and that the Council make their intentions absolutely specific that they need for shall not be held liable for fees, Two possible alternatives, specifics neither of which were too practical" were a contingency agreement stressed with the engineer or a contract between the proponents and the engineer. Councilman Dempster questioned if all of the property owners in the area were aware of the fact that certain assessments could be levied against them if the LID does not materialize. The applicant stated that he believed that all of them were aware of this fact. An audience response was in the negative. In emphasizing that this was not a public hearing, Mayor Noel allowed Mr. Reginald Olsen of 22125 Regnart Road, Cupertino, to address the Council. It was Mr. Olsen's contention that almost all of the citi- zens present at this meeting had not been aware of the possibility of being assessed should the LID fall through and emphasized that the formation of the district was initiated by land developers and that the people who lived there and were directly affected were not represented. councilman questions knowledge by citizens lack of knowledge cited page 6 councilman relates impression opposition by council- man re- stated councilman favors petition motion dies hearings defined councilman's concern about residents majority vote cited obligation to propo- nents stated Minutes of the City Council November 27, 1968 CC-32 Unfinished Business cont'd Councilman Stokes said that he was of the impression that every speaker thus far had been concerned with the fees for the engineer and attorneys but no one had as yet considered the feelings of the residents in the area and their objections to being assessed an amount which was not actually theirs. He also reiterated that some $6,000 had been authorized for the mapping of the hills for the express purpose of planning its development; this had not yet been done. Mr. Stokes reemphasized that he had been opposed to this project from its inception and that he would remain opposed to it until such time as a workable plan for this area has been put before this Council for study and disposition. He agreed that the only method by which the hill areas could be developed would be through the formation of an LID but that, until such time as feasible plans are submitted to the Council, his opposition to it would remain in force. Councilman Fitzgerald stated that he agreed in part with Councilman Stokes that the hill area should be planned, but he was of the opinion that the project would have to be started somewhere and sometime and that he was in favor of the petitions. Councilman Stokes moved to deny the acceptance of the petitions. The motion died for lack of a second. Considerably more discussion ensued among the Councilmen. City Attorney Anderson advised that the passage of the resolution does not set a public hearing and is not, in itself, a public hearing and that, at the time the consent for extra-territorial jurisdiction is approved by the Board of Supervisors, hearings for public protest would ensue, but no public hearings would be held until that time. Councilman Stokes reiterated that everyone seemed to be concerned about obligating the City without much concern about obligating the property owners. In Mr. Stokes' opinion, there had not been one good reason why this Council should allow the financial burden to be placed on the property owners in the area. City Attorney Anderson stated that the mechanics of the petition require that over 6~ of the citizens in the area make the petition and that it had been ascertained that the 6~ majority was in existence. However, if it is ascertained at the protest hearing that over 5~ of the owners protest, the petitions would be void. In answer to Councilman Stokes' comment that the petitions had not been signed by 100% of the residents, Councilman Dempster felt that nothing that is ever proposed is passed by a 1O~ margin and that he was certainly not in favor of levying charges against residents; however, someone did obtain over 6~ on the petition and it was his feeling that the Council had a certain obligation to these people as well. If at the protest hearing 5~ would be against the petition then that would be the time to take a second look at the matter. Minutes of the City Council November 27, 1968 Unfinished Business cont'd CC-32 page 7 Councilman Stokes countered by saying that he was not convinced that the City had sufficient Ordinance protection to regulate the orderly insistence development of the hill area and that, as far as he was concerned, upon additional much additional study of the area was needed. Unless a specific study plan for the hins was available he had no intention to open up the areato developers. City Engineer Boyd agreed with Councilman Stokes that the planning of the area was of the utmost importance especiall¥ since opening method up the area would authorize massive development and that the time labeled for this was premature. There was insufficient Ordinance coverage premature available at this time and the actual zoning had not been established. Councilman Dempster asked for the City Engineer's opinion as to when the plans for the hill areas would be completed. Mr. Boyd replied that the mapping was very nearl¥ completed' and that the delay had status of been due to color rather than black and white topographical maps. mapping He felt that a master plan for the area was essential but that the reported maps and a general idea of what could be done would be available about the time the project would be completed. I Councilman Beaven felt that the Engineer's ar~ent was not completely valid and wondered what progress had been made in connection with question by planning the foothills, and if general plans were in existence today. councilman I Senior Planner Laurin answered no maps had thus far been submitted to his department, precluding any territorial planning by his staff. He cautioned that, no matter when the maps would be available, the en- suing work by his department would be extensive apart from the fact that a great number of public hearings would need to be held. Mayor Noel called a recess at 9:50 p.m. The meeting reconvened at 10:03 p.m. planner's report recess Mayor Noel stated that this was not a public hearing and that the small property owners in the area had not had an opportunity to speak on the matter. It was Mayor Noel's conviction that a lot of dis- mayor's views cussion would ensue upon commencement of the protest hearings and a lot of new ideas might become available to the Council. Councilman Stokes brought up the point that no contact had been made, or the feasibility determined, relative to sewer, gas, electricity or water utilities. Councilman Dempster moved acceptance of Resolution No. 1124, deter- mining to undertake proceedings to special assessment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: Councilman Stokes Absent: None lack of contacts cited Res. 1724 adopted page 8 Res. 1724-1 motion for denial defeated Res. 1724-1 adopted Res. 1724-2 introduced statements legal repre- sentative asks exclusion of residents suggestion by counsel Res. 1724-2 adopted statements by staff Minutes of the City Council November 27, 1968 CC-32 Unfinished Business contrd Mr. Jensen introduced Resolution No. 1724-1, appointing the engineer and the attorneys. Councilman Stokes moved for denial, Councilman Fitzgerald seconded. The City Attorney advised that the resolution was in order. Ayes: Councilmen Stokes and Fitzgerald Noes: Councilmen Beaven, Dempster, Noel Absent: None Councilman Dempster moved for adoption of Resolution No. 1724-1, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: Councilman Stokes Absent: None Mr. Jensen introduced Resolution No. 1724-2, requesting consent of the Coun1vBoard of Supervisors for extra~territorial jurisdiction. The City Attorney stated that a denial of such permission would materially affect the project, in fact, would void i.t, but that he was not aware what effect the denial would have on the 6CJ{. majority. Attorney Wade Hover requested that the City Council schedule a special meeting for the purpose of hearing a protest by these people who do not wish to be included in the district. He gtated that he particularly represented those people in the County who had not signed the petition, have no intention of signing it, and are anxious to have the City Council exclude them from all considerations on the matter. Mr. Hover contended that his clients were not attempting to stop the formation of the LID and did not wish to infringe upon the rights of those that want the district but they, themselves, felt they were not benefitted by the formation of such district and would ask to be excluded from any resolution submitted to, and any action passed by, the Board of Supervisors in connection with the LID. Attorney Anderson told Mr. Hover that this was hardly the time to make a protest but that he could advise his clients that the public hearings would be held after the Board of Supervisors has consented to the request for extra~territorial jurisdiction if that action did, in fact, materialize. After more discussion between the Councilmen and the members of the audience, Councilman Fitzgerald moved for adoption of Resolution No. 1724-2, Council- man Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: Councilman Stokes Absent: None Director of PUblic Works Finney introduced a resolution of intention to acquire and construct improvements which, when passed, will become a separate resolution but must accompany Resolution No. 1724-2 to the Board of Supervisors at this time for informational purposes. When asked for his opinion on the proposals, Mr. Finney stated he must rely on the presentations of Mr. Howarth and the City Attorney. Minutes of the City Council November 27, 1968 Unfinished Business cont'd Mr. Jensen summarized the resolution pointing out that it was vol- uminous and the Council agreed that its reading should be brief. Councilman Fitzgerald moved that the resolution be approved to form, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: Councilman Stokes Absent: None 2. Illegal land fill near Foothill Boulevard and Stevens Creek Boulevard. City Attorney Anderson suggested that this matter be discussed at the next Council meeting. The members of the Council agreed. 3, Award of contracts for water tank construction. City Manager Storm reported that advice had been received from BUD of their concurrence for the awarding of contracts to the low bid- ders on Project WS-6-05-0l98. Accordingly, he requests that the contracts be so awarded. It was moved by Councilman Stokes, seconded by Councilman Fitzgerald that the contract for Schedule I of this project be awarded to Pisano Bros, for $126,489,75, It was passed unanimously, It was then moved by Councilman Fitzgerald, seconded by Councilman Dempster and passed unanimously that the contract for Schedule II of this Project be awarded to Pittsburgh-Des Moines Steel Company of $88,670.00. New Business Councilman Beaven brought up the matter of the Salary Study Comis- sion which had been appointed to study the question of a salary for the Councilmen and that, to date, the written report had not been made available to the press. Councilman Beaven asked that the City Manager be authorized to make this report available to the news media and moved that the report be released for the public's perusal. Councilman Fitzgerald seconded and it was passed unanimously. Report of Officers A. City Treasurer There was no further report from that department. B, City Manager There was no oral presentation in addition to the written depart- mental report. CC-32 page 9 resolution approved to form. illegal land fill matter matter deferred water tank project report bid award bid award salary study remembered release of information requested treasurer no report manager no report Page 10 no reports engineer deletion asked improvements accepted planning report on action taken assistant takes leave no reports clerk time deposit authorized motion to adjourn adjournment inutes of the City Council November 27, 1968 CC-32 Report of Officers cont'd There were no reports from the City Attorney and nothing in addition to the written departmental report from the Director of Public Works. E. City Engineer r. Boyd requested a correction to be made on Item 4 of his departmental report which called for a minute order approval, and asked that it be eliminated, Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to accept the improvements of Central Fire District Station at 22260 Stevens Creek Boulevard. F. Senior Planner r. Laurin elaborated on his departmental report relative to the Saich Tentative Map and on the fact that the Planning Commission had approved same during their meeting with certain conditions, r. Laurin also advised that Assistant Planner Nuzum was leaving the City's employ at the beginning of December for a position in Newport Beach. There were no reports from the building and parks and recreation departments, 1. City Clerk - Finance Director In addition to the written departmental report, Finance Director Ryder asked for authorization for $300,000 worth of time deposits, Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unani- ously to deposit the funds as follows: $100,000 $300,000 maturing February 5, 1969 at 5 1/8% maturing June 6, 1969 at 5 3/4% Bank of America Crocker Citizens Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously that the meeting be adjourned, The meeting adjourned at 10:55 p.m. APPROVED: ('I Q.v,. \... '\- ~.... <t.. Mayor, City of Cupertino A=~Sf? City Clerk