CC 06-06-78
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
KIHUTES OF TIIJ! ADJOOIIBED REGUI.U KEETIHG OF 'lBB CITY COuw.:lL
HELD ON JUNB 6, 1978, IN TIIJ! COUNClL CHAMBBR, CITY HALL
CUPERTINO, CALlFORNJ'.
SALUTE TO TIlE PiÄG
The Mayor called the llleeting to order at 7:30 p.m. in the Council Chamber
of City Hall.
ROLL CALL
Co""c. Present: MO:,ers, O'Keefe, Rogers, Sparks (1:50 p.m.), Mayor Meyers
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of Public Works Viskovich
City Attorney Ad8111S
AR<.1IITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
.
24. Application HC-5I,027.17 - Ad-Art Signs, Inc. (Marchant Travel) re-
questing approval of exception to Section 6.03.2 of Ordinance 746
to allow installation of a ground sign on a lot with less than 200 ft.
of frontage on a public stre~t. The subject propeLty is locsteå on th
ea3t side of De Anza Boulevard north of Town Center Lane. Recommend
for approval.
Presentation - Mr. Marchant, applicant
:t was moved by Counc. Sparks, seconded by Counc. Rogers and passeó with
Counc. Meyers dissenting to approve the application as submitted.
ITEMS REMOVED FRœ CONSENT CALENDAR
12. Application HC-51,206.2 - South Bay Restaurant, Inc. (Custom Housel
Robert Erving) requesting approval of architecture, landscaping and
grading for an existing restaurant located at 20060 Stevens Creek
Boulevard. Recommended for approval.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to approve application HC-51,206.2 pursuant to Architectural and
Site A:>proval Committee RI!solution No. 807 as amended, the amendm..nt
being an added condition to provide for the reciprocal ingress and egress
to neighboring property for mutual access to parking lots and that the
staff be 3uthorized to substitute trees on site for the name eucalyptus.
.
UNFINISHED BUSINESS
26. Proposed procedures for appoint~ents of commission and committee
members.
CC-418
Pese 1
HC-51,027 .17
approved
HC-51,206.2
approved as
amended
CC-4l8
".
Ite'll removed
until l.::ter
date
Authoriza-
tion to favor
plan with-
drawn
O'Keefe op-
posed to pro
gram
.
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MI!lUTES OF THE JUNE 6, 1978, CITY COUIIClL MEETING
It vas tbe consensus of tbe Council that this matter be relllOved frOB the
agenda for possible reintroduction at a later date at Counc. O'Ka8fe's
instigation but prior to the I118ldna of any future appolntaentll.
27. Review of ABAG's EnviroDlllent.tl Kanag.....nt Program.
It was IIIOved by Counc. Mayers and seconded by Counc. Sparks to authorize
the Kayor to vote in favor of the proposed plan. Th1a motion was withdrawn
to sllow the Kayor to react to a.~y possible amendments be~~g submitted.
Counc. O'Keefe wisbed to be placed on record as being opposed to the Environ-
mentlll Management Program.
28. Cost of abatement of abandoned building, No. De Anza Blvd.
Resolution No. 4705: n!. Resolution of the City Council of the City
of Cuperti&o Confirming the Chief Building Official's Report
of tha Cost of Abatement Nuisance Cons1ating of the Abandoned
Building at the Southwest Corner of the Inters.ction of North
De Anza Boulevard and LaUDeo Drive and Ordering tbJ!.t Said Amount
be Collected on the Tax Roll of the City of Cupertino Fiscal Year
1978-1979. n
(a)
It was moved by Co'mc. Meyers, eeconded by Counc. Sparks and passed unan-
imously to adopt ~solu.ion No. 4?05.
29. Claim of Janet Rosa (Subrogation Claill of State Farm Mutual AutOlllOblle
Insurance Company).
Claim denied It was moved by Counc. Meyers, seconded by Counc. O'Keefe anJ passed unan-
imously with Coun~. Sparks abstaining to deny the claim.
Contract to
Esquivel and
Son
Contract to
Rosendin
Electric
.
!Œ.1l BUSINESS
30. Report on bid opening for Memorial Park Storage Building, Project 7e-6.
and award of contract.
It was zoved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to award the contract to R. Esquivel and Son for their bid of $8,950
and to approve an additional appropriation of $1.850 from the Park Deditation
Tax Fun~ to cover the deficiency in appropriation and to provide for contin-
gencies.
31. Report on bid opening for Interconnect Conduit, Project '8-3, and award
of contrac t.
It was mov~d by Counc. Meyers. seconded by Counc. Sparks and passed unan-
i~ously to award the contract to Rosendin Electric for their low bid of
$64,440, to authorize a 10% contingency in the amount of $6,445 and to re-
appropriate in the 1978-79 budget th~ remainder of the current appropriation
amounting to $38.850.
32. Proposal for reconstitution of Me' "opolitan Transportation Colllllli~~i"n
membership.
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MINUTES OF THE JUNE 6, 1978, CITY COUNCIL MEETING
It ...as !lOved by Counc. Sparks to approve the rec.....nclation as subll.ft tel!.
TIle motion died for lack of a decond.
It was the CODSensus of the Council that the letter be filed without any
action being taken and that the staff report to the Council at its
meeting of June 19, 1978,n any action taken by the Board of Supervisors
relating to this.
33. Appointment to the County of Santa Clara 1ntllrBove~tal Council fo
term July 1, 1978 to June 30, 1980.
I t was moved by Counc. Meyers, aeconded by Counc. Rogers and passed W1an-
imously with Counc. Jsckson abstaining to appoint James E. Jackson to the
County of Santa Clara Intergovernmental Council for the two year term
eoding June 30, 1980.
34. Request frolll Almaden Valle)' Engineers to effect a minor adjustment
of lot line for Lands of Armus C. Markkula, Lot 42, of Tract 3354.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to approve the request as subcitted.
CC-418
Page 3
Motion died
No action;
report June
19
.Jackson ap-
pointed to
tntergovern-
mental Counc.
Request ap-
proved
35. Request frolll San Jose Mercury to conduct outdoor sales promotion
activity utilizing a motor vehicle and .-p1ifie4 sound equipme~t.
. It was moved by Counc. Sparks Co approve the request as submitted. There Motion died
was no second and the motion died.
Presentation - Frank Mulkern, Chamber of Commerce
It was moved by Counc. Meyers, seconded ~y Counc. Rogers and passed with
Counc. Sparks dissenting to deny the request.
The staff was requested to advise the newspaper of the City's policy re-
lacing to outdoor sales and to encourage the paper to seek th~ coopera-
tion of a shopping center whele such a promotional activity could take
place.
36. Re~uest from Joseph Camarda for a remporary fruit stand for a period
not exceeding thirty (30) days beginning July I, 1978.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to approve the request.
37. Establishing of bike lanes on Stev~ns Creek Boulevard.
.
(a) First reading of Ordinance No. 877: "An Ordinance of the CHy
of Cupertino Amending Ordinance No. 843 Regulating Stopping,
Standing or Parking on Public Streets, and Providing for Signs
Notifying the Public Thereof, and Further Providing for Penal tie
for Violation Thereof."
Request denie,
Paper to be
advised of
City policy
Reques t ap-
proved
Cjál8
p.4
.
Second read-
ing of Ord.
No. 873
Ord. No. 873
enacted
First read-
ing of Ord.
No. 878
_NO.
adopted
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MINUTES OF THE JUNE 6, 1978, CIr: COUNCIL MEETING
37. (b) Firat reading of Ordinance No. 879: "AD Ordinance ofJ;~~'~&7"
of eupertiDo .\Madia. Ord1I\ance No. 492lagu1atia, tM<~.
lag1atrat1oll, L1c_ina,1'IIrcbuing ..... Sall1lla of B101~iíØ~
the City of Cupertino." :" .......... .'
Presentationa - Al Carter, Postalaster; Frank Mulkern, Cha.ber of Co cce
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed UDall-
imously that no bike lanes be established on Stevens Creek Boulevard.
WRITTEN COMMUNICATIONS
38. Let ters frolll Cecil Mahon and David and Val Du Fault' 'tequ..tlft&, their
names be removed from proponent list of Regnart L.I.D.
These letters were processed at the meeting of June 5, 1978.
ORDINANCES
39. Second reading of Ordinance No. 873: "An Ordinance of the City of Cuper-
tino Amending Ordinance No. 843 Regulating Stopping, Standing or Parking
on Public Streets, and Providing for Signs Notifying the P'lblic Thereof,
and Further Providing for Penalties for Violation Thereof."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 873 by title only and the Mayor's reading to
constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with
Counc. Jackson and Counc. O'Keefe dissenting to enact Ordinance No. 873.
40. First reading of Ordinance No. 878: "An Ordinance of the City of
Cupertino Amending Ordinance No. 492 Regulating the Operation, Regis-
tration, Licensing, Purchasing and Selling of Bicycles Within the City
of Cupertino."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 878 by title only and the Mayor's reading to
constitute the first reading.
RESOLUTIONS
41. Resolution No. 4711: "A Resolution of the City Council of the City of
Cupertino Authorizing Cupertino Senior Center to Apply for $32,204
for an Initial Equipment and Furnishings Grant Through Title V of the
Older Americans Act and Authorizing the City Manager of the City of
Cupertino to Execute and Administer the Contract and All Amendments
Thereto Upon Apl'roval of the Application."
471
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4711.
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MINUTES OF TIlE JUNE 6, 1978, CITY COUNCIL MEETING
42. Resolution No. 4720: "A Resolution of thE City Council of the City
of Cupertino Calling e Public Hearing to Dete~e Whether Public
Necessity, Heelth, Safety, or Welfar... llequiree the FuraaatiOll of an
Underaround Utility District on the East Side of Foothill Boulevard
frOlll a Point 12S Ft. South of Salem Avenue to a Po~nt 80 Ft. North
of Salem Avenue."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4720.
STAFF REPORTS
43. Policy regarding vater rates and gtorm drain fees for parcels una~le
to annex to Cupertino.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to adopt as policy the recommendation contained in the June 2, 197
memo frND the Director of Public Wor~s but with Item No. 3 being amended
to read as follows: "That this policy apply only to single lotq of
record and that any other developmcnt be reviewed by the C~uncil for
policy to be applied for that particular application."
There was presented to the City Council a request submitted by t~e appli-
cant for property at Miriam and Alcalde as shown on Application 13-!M-78.
Mr. Bill Alexander, representing the applicant, explained the circumstan-
ces and need for application of the previously adopted policy to this
parcpl.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe a~d passed unan-
imously that the policy regarding water rates and storm drain fees for
parcels unable to annex to Cupertino be applied to both lots at louble
rates conditioned upon the anne~ation of the parcels to the City when such
is possible.
44. Referral from Public Safety Commission for ordinance regulating sol-
iciting on properties open to the public.
Ordinance No. 880: "An Ordinance of the City of Cupertino Adding
Chapter 10.56 to the Cupertino Municipal Code Prohibiting Trespass
Upon Shopping Center Property or Other Private Property Open to the
Public. "
It was moved by Counc. Sparks, seconded by Counc. Meyers &ud passed unan-
imously to read Ordinance No. 880 by tUle only and the Mayor's reading
to constitute the first reading.
45. Oral reports by staff members and submission of written reports.
(a) It was the consensus of the Council that no action be taken at
that time regarding membership in ABAG and that subject be dis-
cussed further during the budget study sessions.
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CC-4l8
Page 5
Rea. No. 4720
adopted
Po1i cy
adopted as
amende"
Application
of policy
requested
folicy ap-
plied to
parcels
First read-
ing of Ord.
No. 880
ABAG member-
ship to be
discussed
further
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CC-418
P.6
Letter to
Board of S:Jp
ervisors and
Intergovern-
IDt"ntal Counc.
L.!t ter to
County
Pooling of
insurance
coverage
'-opriatiOn
for Slst..r
Cit ies Pro-
gram
RecotDJDe'nda-
tions of LRC
Review of
procedure for
environmental
reviews; aå-
vice on con-
flict of
interest
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MINUTES OF THE JUNE 6, 1978, CITY COUNCtL MEETING
45. (b) It was møved by Counc. Meyers, seconded by Counc. Sparks and
pasaed unanimously that the staff N authorized to submit a
letter to the Board of Supervisors aDd the Intergovermaental
Council expreasing concern as to the representing of cities
on the Industry and Housing Advisory Committee.
(c) It was moved by Counc. Rogers, seconded by Counc. Meyers and
passed "'1:~1., that the staff be authorized to submit
a letter to the County of Santa Cl&ra expressing the views
of the City as recommended by the City Kanager.
NON-AGENDA BUSINESS
46. Recognition by Mayor of special requests.
(8) General Audience - None
(b) City Council
The staÏf was requested to submit a report at the next Council meeting
and recolllli1<!ndation on the proposal for the pooling of insurance coverage
as prop~sed for the cities and county within Santa Clara County.
COUNCIL REPORTS
49. League of California Cities Committee on tnternational Municipal
Cooperation - tt was moved by Counc. Sparks, seconded by Counc.
Meyers and passed unanimously that $1,000 be appropriated frolll the
General Fund for the commencemen~ of a community wide Sister Cities
Program.
50. Legislative Review Committee - It was moved by Counc. O'Keefe, seconded
by Counc. Meyers and passed unanimously that the recommendations
of the Legislative Review Committee be adopted as follows: to support
AB 3793, AB 3404, AB 2300; to oppose SB 1757, AB 840, AB 2430 and
AB 2555.
Environmental Review Committee - The staff was requested to review
the present procedure involving environmental reviews to de,ermine
its adequacy and practicality as to the issuance of negative dec-
larations. The City Attorney was requested to advise on whether
there was any possible conflict of interest under this procedure
wherein a member of the City Council and member of the Plannfng
Commission as members of the ERC made recommendations to the City
Council for appropriate action.
The }~yor adjourned the meeting at 11:24 p.m. to 7:00 p.m., Hond~y, June
12, 1978, for a Council/Staff Budget Study Session.
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