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CC 06-21-82 " . ~ , ~ CI'!'Y or CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 KINUTES or 1'HE REGULAR KEETIlfG or 1'HE CITY COUNCIL HELD ON JUNE 21, 1982 IN THE COURCIL CBAKBER, CITY HALL CUl'D.TINO, CALIFORNIA The 1118etinr vas called to order at 6:50 p... by Mayor Pro Teapore Gatto. SALUTE TO 1'HE FLAG ROLL CALL Counc. Present: Counc. Absent: Gatto, Johnpo~. Rogers, Plungy Sparks (National Guard) Staff Present: City Ksnager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of PI mning and Development Sisk Director of Parks and Recreation Dowling (left at lO:OO p...) Director of rinance Snyder (left at lO:OO p.m.) City Attorney Kilian (7:00 p.m.) Assistant to the City Manager Brown (left at 9:03 p.m. Code Enforcement Officer Smith (left at 10:30 p.m.) CDBG Coordinator Rendee STArr REPORTS I. Oral reports by staff members and submission of written reports. City Manager's Report New Joint PowerE Agreeoent for the North Santa Clara County Solid Waste Management Authority - It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to approve the new Joint Powers Agreement for North Santa Clara County Solid Waste Ksnagement Authority subject to review by the City Attorney. Law Enforcement Contract-Sheriff's Office - By consensus, Council approved the new rate for the City's contract with the Sheriff's Department for a thirty-day period. Accounts Receivable Collection in Municipal Court - It was moved by Counc. Rogers, seconded by Coune. Johnson and passed unanimously to support the appointment of a committee of city managers to review and recommend a computerized program for collection of accounts receivable in the amicipal court. Letter from Rod Oldham Regarding Use of Open House Locator Signs in Street Right-of-Way - It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to refer the sign ordinance to ASAC for review and state that during this review process there would be no relaxation of enforcement of the ordinance as presently in effect 'J CC-575 Page 1 Solid Waste JPA Sheriff's contract Accounts re- ceivable col- lection in munic ipa I court Sign ordinance refered tc ASAC · _7~ Mosquito control Alcoholic beverage licenses Trip con- straints at Orchard Valley Market- place August 2 meet ing can- .ð Gatto re- appointed to Co:moission Legislation - removed ,I .;z;dar approved MINUTES or THE JUNE 21, 1982 CITY COUNCIL MEETING By consensus, Council requested that a copy of the State's response to their request for reDOYal of materials from the Highway 85 right-of-way be sent to the press. Rotice of Deletion of MOlIC uito Control Program - It was IIIOved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to request the City Manager to send a letter to Kr. JoIn O'Halloran of the Water District requesting that the District consider a mllC uito control program. Alcoholic Beverage License Application - By consensus, the City Manager was requested to contact the ABC to see if they require that liquor licenses be renewed. Letter to Mayor Sparks fr~ Merritt Sher protesting the trip con- straints on the Orchard Valley Marketplace (this is s ccndition of the use perait) - Council directed staff to contact Mr. Sher inforaing hia that his objections ~o trip constraints should be presented at the General Plan hearings presently being conducted, City Clerk's Report Cancellation of a Council Meeting during the Summer Months - It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanilDOUsly to cancel the ..eting of August 2, 1982. County of Santa Clara's Transportation Commission - It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to reappoint Counc. Gatto to a two-year term on the Transportation Coaaission. 2. Status report on implementation of zoning and architectural approval, Stevens Creek Boulevard and Foothill Boulevard (George H. Buck). Mr. George Buck a~~ressed the Council stating that th~ length of time for his plan ch.,,,k has expired and requested extension of that time for financial reasons. He stated that his intent was to remove the garage and remodel the rest of the structure. He was informed by Council that he should work with staff as the types of decisions to be made were ad~inistrative. Legislative Review Committee - By consensus, Council went on record ~ing AB ~, mail ballot elections, and opposing AB 1353, preempting city control of billboards. CONSENT CALENDAR Staff requested that Items 15, 16 and 17 be removed from the Calendar. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to remove Items 15, 16 and 17 from the Consent Calendar and approve the balancè. · · · ~ MINUTES OF 1'HE JOIIB 21, 1982, CITY COURCIL MEETING 9. Resolution Ro. 5882: "A Resolution of the City Council of ths City of Cupertino allowing Certain Cldms and Deunds Payable in the ~unts and from the rUDds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending JUDe I, 1982." 10. Resolution Ro. 5883: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and De1Iands Payabla in the "-aunts and from the lunda as Bereinaftar De~cribed for General and Miscellaneous Expenditures for the Period Ending June 11, 1982." 11. Resolution Ro. 5884: "A Resolution .,f the City Council of t1H' City of Cupertino Extending the Existing Traffic Signal Con~r"ct and Approving Increases in Certain Rates." l2. Resolution Ro. 5885: "A Resolution of the City Council of 'he City of Cupertino Approving Lot Line Adjustment between Two Parcels of Land without a Parcel Map in Accordance with Section (,64l2(d) of Subidivision Map Act as ^-ended January l, 1980; Lots 213 and 214, Tract No. 2860; ldlewild Greens, Unit 2." l3. Applicatimt BC-5l,199.3 - McClellan Square (Golden West Restauränt) requesting a sign exception to exceed the allowable square footage for a ground sign. The subject property is located on the west side of De Anza Boulevard approxiø6tely 550 ft. north of McClellan Road. Rec~ded for approval. 14. Resolution Ro. 5889: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement with Redwood Management Corporation for Adainistration of BCD Program." 15. Removed, l6. Removed. 17. Removed. 18. Minutes of (CC-574) the regular City Council meeting of June 7, 1982. Vote Members of the Ci~y Council AYES: Gatto, Johnson, Plungy, Rogers NOES: None ABSENT: Snarks ABSTAL'I : None ORAL COMMUNICATIONS 19, Presentation by Alyene Ddggett regarding c1.Jsure oE Byrne Avenue. CC-S75 Page 3 . CC-575 114 Closure of Orange Avenue . . MINIJTE!I OF 1'HE JUNE 21, 1982 CITY COUIICIL MEETING Ms. Alyene Daggett, 21921 Hermosa Avenue, addressed Council regarding the imp/let of the closure of Byrne Avenue. It vas moved by Counc. Plungy, seconded by Counc. lIoger& and passed unani_sly to set a public hearing to consid~r closure of Orange Avenue betwean Granada and Hermosa fer July 19, 1982. It was .."ed by Counc. Rogers, seconded by Counc. Johnson and pasll8d unant.ously to direct staff to immediately place signs to direct traffic along Bubb. McClellan and Byrne. Ann Anger, l0185 Empire Avenue, stated that this issue had come up three or four years ago and that she felt Blackberry rarm was responaible tor the problems because of lack of parking and large crowds. Dave McLeroy, 21920 Hermosa Avenue, stated Farm parking not a problem at his location Farm waa here prior to the home building. consider both sides of the issue. that he felt Blackberry and that Blackberry Re suggested that everyone Klare Whitman, 21842 Gnmada. stated that Orange and Granada closure could result in a problem, particularly for buses. Willie Jean Hock, San rernando, stated that sh2 had been informed by the Central rire Protection District that they were not aware of the closure of Byrne Avenue. Sh~ questioned the legality of the use of the barricade. She also stated that she felt the developer must have influe~ce over the City Council. Mr. L. Brown, 10261 Orange Avenue, protested the closure of Byrne Avenue. Mary Minaker, 21876 Stevens want Byrne Avenue reopened. Farm was a nuisance. Creek B~ulevard, stated she did not She also felt the traffic from Blackberry wes Williams , 10067 Byrne Avenue, stated that as long as Byrne Avenue had ùeen opened, neighboring streets had been ir.sulated from traffic impact. He felt that with the closure of Byrne, children could at least cross the street there. He felt the closed street sign was very visible and requested that Council not reopen the street. He also recommended putting in the signal at Orange Avenue. Director of Public Works Viskovich stated .hat he would be meeting with the County on this matter. 20. Members of the audience regarding matters not listed on the agenda. Charles Newman, Vice President, Covernment RelatiJns, Chamber -f Commerce, anj Mr. Bill Carlsen of the Chamber addressed CounC1L regarding the Cupertino Wine Festival. They requested the installation of approximately 10 banner~ on light poles along De Anza Boulevard *7~ Encroachment permit to Chamber for banners .age rate increase continued Closed session Labor nego- tiations . KINUTES or 1'HE JURE 21, 1982 CITY COUNCIL MEETING advertising the upcDlling festival. Be stated that these would be installed approxi..e1y three weeks before the festival and also requested better signir.tJ regarding location of festival grounds and parking during the fe"tival only. Re stated that the brackate installed on the light poles could be p&1"II8nent should Council request that, Staff vas directed to look at the present ordinance in detail and revor~ it with the intent for the installation of such banners for service type groups. It was moved by Counc. Rogers, seconded by Counc. Johnson snd passed unanimously to grant an ecnroachaent permit to the Cha.ber of Commerce for the erection of banners on light poles for the annual Wine Festival. 1- was moved by Couuc. Plungy, seconded by Counc. Rogers and passed unanimously to authorize stsff to meet with Chamber repr~sentatives regarding parking signs for the festival and to report back in July. PUBLIC HEARINGS 21. Consideration of a garbage rate increase requested by Lop Altos Garbage Coapany. It was IIIOVed by Counc. Plungy, seconded by Counc. Johnson and passed unaniMOUsly to continue consideration of a garbage rate increase to the meetiÐg of July 6, 1982. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to adj~~~n to a closed sessIon to discuss persdhnel I18tters. At 8:40 p.m., the Conference Roo.. Chamber. meeting was adjourned to a closed session in the At 9:00 p..., the meeting was reconvened in Council (City Clerk's Note: Assistant to the City Manager Brown left at 9:03 p.m.) It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to authorize staff to conduct labor negotiations as stated by staff, The City Attorney announced that an additional closed session would be held at the end of the last item of business to discuss matters of possible litigation. 22. Public Hearing rEgarding use of FY 1982-83 Revenue Sharing Funds and adoption of FY 1982-83 Operating and Construction l!udget. . . . ,~. ':'~'.'.¡ ",",' MIIWl'ES OF 1'HE JUNE 2l, 1982 CITY CC:~CIL KEE'l!RG 22. (a) Resolution No. 5886: "A Resolution of the City Council of tbe City of Cupertino Adopting an Ope~ating and Constr.uc- tion Budget for riacal Year 1982-83 by Ratifying Estiastes of Revenues to be Racdved in Each rund and Appropriating Monies TherefrOla for Specified PTogr.. Activities and Account and Setting rorth Conditions of Ad1únistering Said Budget." (b) Rasolution No. 5887: the City of Cupertino Fiscal Year 1982-83." "A Resolution of the City Council of Setting Bonded Debt Tax Rate for the (c) Resolution No. 5888: "A Resolution of the City Council of the City of Cupertino Establishing an Appropriation Limit for rises! Year 1982-83." (d) Resolution No. 5993: "A Resolution of the City CmDlcil of the City of Cupertino Appropriating Fund Balances to ReS4!rves. .. Mr. Joe Gruber, Library COJaission, addressed Council regarding the County Library deficit. He stated that Cupertino's share would be between $65,000-75,000 and requested an additional $40,000 from the City. He stated it would be refunded if not needed. Janice Yee, Acting County Librarian, stated she was having difficulty getting a handle on the exact aa~Jnt of deficit. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to close the public hearing. It was moved by Counc. Rogers, seconded by Coun~. Johnson and passed with Counc. Plungy dissenting to hold in abeyance the request of the Library C~ission for additional funds and approve the present budget allocatimt of $l5,560. Council requested information regarding the use of volunteers at the library. A representative of the Library Commis~~on will meet with the City Manager and the County regarding the Library budget, It was moved by Counc. Johnson, seconded by Counc. Plungy and rassed unanimously to adopt Resolution No. 58E6. It was moved by Counc, Plun!;y. seconded by Counc. Johnson and I',"&..d unanimously to adopt kesolution No. 5887. It was moved by Counc. Joh~son, seconded by Counc. Plungy and passed unanimously to a~opt ReF lution No. 5888. It was moved by Counc. Plungy, seconded by Co~nc. Johnson and passp.d unanimously to adopt Resolution No. 5893. (City Clerk's Note: Director of Finance left the meeting &t lO:OO p.m.) CC-575 Page 5 1'00110 closed hearing Budget alloca- tion for 1<brary Res. No. 5886 adopted Res. No. 5887 adopted :,~s. No. 5888 adopted Res. No. 5893 adooted .~ . PuLl ic hearing closed Occupant to !>e cited, civil action filed . IfINUTES or 1'HE .TIIŒ 2l, 198:l CITY COUNCIL KEE'lING ~3. Bearing of a nuisance complaint at l0707 Santa Luc18 Road (Clayton riedler). Code Bnforce_nt Ofiicer RoIlS Sllith introduced Hr. Crisp, the pet1tioa circulator. Re stated that he is in agree..nt with the stateaents in the petition. Ron Crisp, 10701 Santa Lucia Road, showed slides of garbage and debris around the house at 10707 Santa Lucia Road. He stated that he would like it declared a nuisance and have it cleaned up. He felt it was a health and fire Þa~ard. The City Attorney pointed out that there may also be violations of City ordinances and asked if there had been citations. Re was informe·:J that there had not 1>een dtat1ons. The City Attorney stated that court action would take a minimum of 90 days. If the property owner chose not to cooperate, it would take longer than 90 days. He also stated that the City could seek a preliminary injunction which would take about3-4 weeks from the date of filing. The court would base tbis on affidavits. He felt the court would be reluctant to grant such an injunction without the property owner presenting testimony. It ~ld also require affidavits from health officers, neighbors and the City's Code Enforcement Officer. Mr. Smith stated that he had taken a health officer and fire officer to the premises to have it declared a nuisance, and at that Lime (on2 year ago) they did not feel the problem was of that magnitude. Mr. Crisp requested that the property be re-inspected a~d that a Sh~riff's deputy be brought also. Steven Hays, 2268l San Juan Road, stated that h~ lives above the r~sidence in question. He felt that mor£ pets were on the premises than allowed in the City's ordinance. ~~ Citv Attorney recommended that Council not seek a preliminary injunction but that the City start a citation process and have a re-inspectimt of the property by the Fire Marshal and the health officer. He also recommended that a civil action be started. It was mov~d by Counc. Johnson, seconded by Coune. Rogers and passed unanmously to close the public hearing. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to authorize the Code Enforcement Officer to cite the occupant .'t IO~1)7 Santa Lucia Road and to have the area inspected by the Fire harsh&l and the Health Department. Council also authoriz,·J the Cft·, Attorney to file civil action. (City Clerk's Nete: Code Enf"rc....,ent Off icer S...ith left the meeting at 10:30 p.m.) I . MJØURS or THE JUNE 21, 1982 CITY COUNCIL MEETING PLAØIIIG APPLIC.'!'IONS 24. Application 4-U-82 of Willi.. It. ltelley: Use Perait to Ct'Dstruct a three story office butlding ~onsisting of approxt.ately 28,000 8C . ft. and Envir~ta1 Review: The Planning C..ussion recoa- -.I. the grantiDg of a Negativf' Declar,¡tion. The subject property is located on the northwest corner of Stevens Creek lou1evsrd and North De Anza Boulevard. Rec~nded for spproval. Mayor Pro Teapore Gatto announced that he would abstain en Items 24 and 25 and that Counc. Plungy would be acting Chairp.ærBon. Director of Planning and Development SisK reviewed the application with Council. Mr. Robert Bernstein, architect, James W. roug and Associates, re- quested that Conditions l5(a) and (b) of Planning Ccmmission Resolution No. 2306 be amended to state that the 35 foot setbacks would be fr~ presently existing curbs. Willi.. Kelley, 305 Lytton, Palo Alto, answered questions regarding the curbs, setbacks and underground parking. He stated that there would ~e security for the undergr~Jnd parking. . It was .wed by Counc. Johnson, seconded by Counc. Rogers and passed unanimously (Counc. Gstto abstaining) to grant a Negative Declaration for Applicstion 4-U-B2. It was .-oved by t:ounc. Johnson, seconded by Counc. Rogers and passed unanimously (Counc. Catto abstaiDing) to approve Application 4-U-82 per Planing Commission Resolutions 2316 and 2306 with Conditions 15 (a) and (b) of Resolution No. 2306 amended to read "from the face of the existing curb". 26. Application 8-TK-82 of John Vidovich: Tentative Map to subdivide approxi..tely 7.4 acres into 96 residential con~ominium parcels, four co-.on area parcels and one commercial parcel and Environ- mental Review: The project was previously assessed, hence no action is requireð. The subject property is located in the south- westerly quadrant of Homestead Road and De Anza Boulevard just north of Highway 280 (behind Homestead Square Shopping Center and De Anza Lumb~r) in a P (Fèanned Development with residential lO-20 dwell~~g units per gross acre and mini-storage intent) zoning district. Recommended for approval. (To be heard in conjunction with Application l8-U-8l.) . 27. Application l8-U-8l (Revised) of De ~nzl Forge (Cupertino Village) Amendment of Use Pel'lllit to eliminate ,',e requirement to build two (2) residential buildings (16 units) in conjunction with construction of the mini-storage facility fora combined mini- storage and residential development (total 96 units) approved in March 1982. Environmental Review: The project is categor- ically exempt, hence, no action is required. The subject prope~ty is located in the 90uthw@sterly quadrant of Homestead Road and North De Anza Boulevard just north of Highway 280 (behind Homestea Square Shopping Center and De ånza Lumber). Recommended tor denia CC-575 Pag. 7 Negative Dec. for 4-U-82 4-U-82 approved as amended I cc-m .:2 and 18-U-8l (Rev.) continued 2l-U-80 approved . 9-TM-82 approved ~~~ô~tive Dec. for 10-TM-82 10-TM-82 approved . MINUTES or 1'HE JUNE 21, 1982 CITY COUNCIL KEE'lING It vas ~ved by Counc. Roge=s, seconded by Counc. Johnson and passed unanimously to continue Applications 8-TK-82 and l8-U-8l (Revised) to the meeting of July 6, 1982. 25. Application 2l-U-80 of rar West Savings and Loan Associatiun: Amendment of previously approved Use Perait to delete the requirement that construction of the residential portion o~ tbe project begin pri~r to occupancy of the commercial building and EnvirODr.'ntal Revie',,: The project was previoualy assessed, hence, no ~ctiml !a required. Said property is located at the soutnvest corner of Stevens Creek Boulevard snd Finch Avenue. Rec~nded for approval. (Mayor Pro Tempore Gatto abstcined; Counc. Plungy acting Chairperson,) It was moved by Counc Johnson, seconded by Counc. Rogers and passed with Counc. Plungy dissenting (Counc. Gatto abstaining) to approve Application 2l-U-80 per Planning Commission Resolution No. 2307. 28. Application 9-TH-82 of Gerry rederspiel: Tentative Map to erase existing property ~ines and subdivide approximately .75 acre into two parcels and Environmental Review: The project is categorically exempt, h~nce, no action is required. The subject property is located on the east side of Carmen Road, approximately 75 ft. south of Stevens Creek Boulevard in a Rl-10 (Residential, Single-family, 10,000 sq. ft. mint.ua lot size) zoning district. Recommended for approval. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed ~nanimously to approve Application 9-TK-82 per PlanLing Commission Resolution No. 2310. 29. Application 1O-l'H-82 of Kier & Wright (Berg & Berg): Tentative Hap to consolidate four parcels consisting of approximately 4.6 acres into one parcel and Environmental Review: The Plal.ning Commission reco3m8nds the granting of a Negative Declaration. The subject ,roperty is located on the west side of Saratoga- Sunnyvale Road (opposite Duckett Way), approximately 300 ft. north of Prospect Road in a P (Planned Development with c~mmercial, office and/or residential 5-lS dwelling units per gross acre intent) zr·ning district. li.ecommended for approval. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to grant a Negative Declaration for Application 10-TK-82. It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to approve Application lO-TM-82 per PI~nning Commission Resolution No. 23ll. Director of Planning and Development Sisk requested that Council return to Item 28 and delete Condition No. 17. By consensus Council decided to leave Condition 17 as presented. . . . . MIIWlES or 1'HE JUNE 21, 1982 crrL COUNCIL MEE':ING ARCHITECTURAL AND SITE APPROVAL GOMKITTEE APPLICATIONS 30. None UNFINISHED BUSINESS 32. None HEW BUSINESS 33. Request from Houlihan's Old Place Restaurant for clarification of Condition 19 of the.r Use Per..it (Security). The City Manager informed Council that he had received an update regarding the parking facility around Houlihan's Old Place Restaurant which stated that the problem is no longer as severe as it was. Thpv felt there was still a nroblem inside the building. Mr. Bill Shafer, Manager, Roulihan's, said that Houlihan's has 2 security guard inside from 10:00 p.m. to 2:00 a.m. He felt the condition va. originally a part of the use permit to prevenc trouble inside the restaurant and bar area. He felt that this was an issue of interpretation as to whethpr the security was meant to be outside or inside. H~ felt that any problem in the parking tot should be handled by either the public safety d~?drtmenc or by Terranomics. He stated that inside the facilicy on Friday and Saturday evening~, there are three doormen ~..:! "wo ma"'¡gers !,resent. The rest of the week there are two doormen and one manager. He sta~ed that he felt Condition No. 19 was intended for crowd control and to protect the customers in the restaurant. The City Manager stated that the success of the restaurant has cause1 a proble. in the parking lot. He felt that Condition 19 does inclu1e the parking lot in that the problem would not exisl were Houlihan's not there. Mr. Shafer stated that he had not seen any drugs used or passed inside the r'~staurant. The City Attorney stated that the use permit conditions pertain to the lando·~er as well as the restaurant. ëpon being asked, Mr. Phil Hickey, Houlihan's, stated that he would not object to this matter being continued. It was moved by Coune. Rogers~ seconded by Counc. Johnson and passed unanimously to continue this item to the meeting of July 6, 1982 at which time the City Clerk will provide Council with minutes of Planning Commission and City Council meetings pertaining to this matter. CC-575 Page 9 Houlihan' 5 continued . ~75 910 County ballot measure endorsed Contract to Bucher iainting Co. .ract to Neu Bros. Continued Contract to Saldivar Construction RentinL of 8MB unit . KlNUTES or THE J1J\U 21, 1982 ClTY COOl'ICIL MEETING 34. Presenation by representative of the Highway rinancing Task Force. Hr. Art Camicltael, Highway Task rorce, revi......d the proposed County ballot 888sure and agreement with Council. He stated that page 6 of the agre8Mnt was amended as was the ballot _ssure (option 1 was r..oved). It was 1IOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanillously to endarse the proposed County ballot IIII!8sure as amended and approve the agreeaent with the County for locsl option motor vehicle fuel tax allocation as .-ended. The Clerk was directed to so notify the Board of Supervisors ~nd the Highway Task rorce. 35. Report on bid opening for Mercedes Tank Recoating. Project 82-ZK and award of contract. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to waive the irregularity on the bid for Mercedes Tank Recoating, Project 82-2K and award of the contrsct ,to loW bidder, Bucher 'Painting Co., in the amount of $5,878, 36. Report on bid opening for Konta Vista Park Street Improvements, Project 79-53 and awar~ of contract. H was lIOVed by Counc. Rogers, seconded by Counc. Johnson and passed unani~sly to award Monta Vista Park Street Improvements, Project 79-53, to Reu Bros. in the amount of $41,667.35 based on lowest bid and selection of alternate. 37. Report on bid opening for Bicycle Detectors, Project 79-16, and award of contract. By consensus, Council continued this item to their meeting of July 19, 1982 as per staff recommendation. 38. Report on bid opening for Corporatiryn Yard Parking Lot, Project 79-l6, and sward of contract. It as moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to award the contract for Corporation Yard Parking Lot, froject 79-16, to Saldivar Construction in the amount of $49,328 based on the lowest bid. 39, Request for modification to BKR Requirements - Jules Due (Wild Flower Way). It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to approve the renting of the 8MB unit, Jules Due Construction, Wild Flower Way, for one year and the City Attorney was directd to draft the appropriate documents. 40. Consideration of an ordinance to amend the Cupertino Municipal Code to provide that violation of certain ordinances would constitute misdemeanors, rather tÞan infractions. . · KINt1lES or THE JUNE 21, 1982 CITY COUNCIL MEETING 40. (a) rirst reading of Ordinance No. 1179: "An Ordinance of the City of Cupertino Providing for Penalties for Ordinance Violations. " It was ...ved by Counc. Plungy, seconded by Counc. Johnson and passed unant.oualy to read Ordinance No. 1179 by title only and the City Clerk's reading to constitute the first reading. 41. Request from United Cable TV for lIOdif1cation of their Franchise Agreement with the City of Cupertino in regard to Microwave Transmission from Mobile Van. (a) Resolution No. 5894: "A Resolution of the City Council of the City Œ Cupertino Approving Hodif1cat~on of Franchise Agreement with United Cable TV Relative to Microwave Trans- mission from Mobile Van." It was ...ved by Counc. Plungy, seconded by Coone. Rogers and passed unanimously to adopt Resolution No. 5894 with the addition: The $30,000 shall be spent on upgrading equipment for the mobile van. · 42. Adopting of an ordinance to change the date of the General Municipal Election in accordance with ballot Measure E of the June 8, 1982 Election. (a) First reading of Ordinance No. 1180: "An Ordinance of the City of Cupertino Changing Date of the General Municipal Election to November of Odd Numbered Years and Requesting Approval from the Board of Supervisors." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unan1mOusly to read Ordinance No. l180 by title only and the City Clerk's reading to constitute the first reading. 43. Request from Joseph Camarda for a temporary permit for a fruit stand located at the southeast quadrant of Stevens Creek Boule- vard and South De Anza Boulevard. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimcusly to approve a temporary p~rmit for a fruit stand located at the southwest quadrant of De Anza Boulevard and Stevens Creek Boulevard - Joseph Camarda. WRITTEN COMMUNICATIONS 44. Letters received from various home builders requesting modificatio of existing solar requirement for residential construction. · It was moved by Counc. Rogers, seconded by Counc. Plungy and passe4 unanimously to refer the request for modification of existing solar requirement for residential construction to the Energy Commission to be considered at their earliest possible meeting. It will then be submitted to the Planning Commission and brought back to the City Counc il. CC-575 Page 11 rirst reading of Ord. 1179 Res. No. 5894 adopted with add it ion rirst reading of Ord. 1180 Temporary permit for Camarda Modification of solar re- quirement . ~75 Wl2 Second reading of Ord. II 77 Ord. 11 77 enacted Second reading of Ord. 1178 . ll78 ted First reading of Ord. 1175 First reading of Ord. 1181 . 5890 adopted KlNUTES OF 1'HE JURE 21, 1982 CITY COUNCIL MEETING ORDINANCES 45. Second reading of Ordinance No. 1177: "An Ordinance of the City of Cupertino ~ndin~ Section 1 of Ordinance No.2 by Rezoning Approxt.ately .7 Gross Acre from General Coa.ereial to P Zone; Located on the Northvest Corner of Stevens Creek Boulevard and North De Anza Boulevard. It was moved by Counc. Plungy, seconded by Counc. Rogers and approved (Counc. Gatto abstaining) to read Ordinance No. 1177 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Rogers and approved (Counc. Gatto abstaining) to enact Ordinance No. 1177. 46. Second reading of Ordinance No. 1178: "An Ordinance of the City of Cupertino ~nding Section 11.24.150 of the Cupertino Municipal Code, Relating to Stopping, Standing or Parking on Hyde Avenue." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1178 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to enact Ordinance No. 1178. 47. First reading of Ordinance No. 1175: "An Ordinance of the City of Cupertino Amending Title l5 of the Municipal Code by and Referring to Cross-Connections and Backflow Protection." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. l175 by title only and the City Clerk's reading to constitute the first reading. 48. First reading of Ordinance No. 1181: "An Ordinance of the City of Cupertino Amending Section ll.20.030 of the Cupertino Municipal Code Relating to All Directional Vehicular Stop Required at Stelling Road and Rainbow Drive." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1181 by title only and the City Clerk's reading to constitute the first reading. RESOLUTIONS 49. Resolution No. 5890: "A Resolution of the City Council of the City of Cupertino Amending Resolution 5214 Appointing Deputy City Attorneys for the Limited Purpose of Criminally Prosecuting City Ordinances." It was moved by Coune. Plungy, seconded by Coune. Rogers and passed unanimously to adopt Resolution No. 5890 . . ~ .. MINUTES OF THE JUlIE 21, 1982 CITY COUNCIL MEETING It was JDOVØd by Counc. Ropn. HCODded by Counc. Jobul101l and passed unant.oualy to refer the proposed public relationa c..paign regarding smoke detectors to the Public Safety Co.mission. At 11:40 p..., the Meting vas adjourned to a closed session. At 12:00 1Iidnight, the Meting vas reconvened in Council C.'huller. The same Council and staff ..-bars were present. It was lIOVed by Counc. Plungy, seconded by Counc. Rogers and passed unanimou.ly to not accept City project performed under contract - Traffic Signal Interconnect 91-, Project 78-12; to not adop' Ilesolu- tion No. 5891 approving Change Order 110. 1 for Traffic Signal Inter- connect Syst_ Project 78-12; and to not adopt Resolution 110. 5892 authorizing execution of agreement with Hultisonics, Inc. for ~terial pertaining to the Traffic Signal Intercmlnect Syste.. Council stated that Rosendin Electric should deal with Hulti8ODics. The ...~tter of potential litigation regarding the potential initiative was deferred to another Meting. Council adjourned to the meeting of July 6, 1982 at l2:03 a.m. ~ ~. ~" P'., -~ - Cit Clerk ~ CC-575 !'age 13 s.oke Detector public rela- tions campaign Traffic Signal Interconnect Project 78-12