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CC 05-07-79 ~ - a . . " . . MINUTES OF THE REGULAR MEETING OF TBE CITY COUNCIL HELD ON MAY 7, 1979, IN THE CONFEREIICE ROOM, CITY HALL ct¡PEltTINO, CALIFORNIA Hayor Heyers called the meeting to order at 6:35 p.m. in the Conference Room at City Hall. Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers Staff Present: City Manager Quinlan Acting City Clerk Cornelius Housing Rehabilitation Counselor Hastings Administrative Servcies Officer Brown Deputy City Clerk Moriscb Council conducted interviews for the position of ~ater COmll1ssioner. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan- imously to appoint Ms. Betty L. Mann, 22968 Cricket Hill Road, to the Commission. STAFF REPORTS 1. Comparison of Worker's Compensation costs for CETA and non-CETA per- sons employed by the City of Cupertino. Council received this repor~. 2. Oral reports by staff members and submission of written reports. City Mana~er's Report Proposed Emergency Ambulance and Par~edic Services - Mr. Silberberg, County Health Department, presented Council with a proposed area of cover- age and service level for paramedic services. It was moved by Counc. O'Keefe, Feconded by Coun~. Sparks and passed unanimously to direct the Ciry Ma·.ager to work with Mr. Silberberg regarding a location within Cuper- tino fo< an ambulance to be stationed. At 7:30 p.m., the meeting was adjourned and reconvened at 7:45 p.m. <n the Council Chamber. SALUTE TO THE FLAG ROLL CALL Counc. Present: Jackson, O'Keefe. Rogers, Sparks, Mayor M~yers ~taff Pres(.nt: City Hanager Quinlan Acting City Clerk Cornelius Housing Rehabilitation Counselor Hastings Administrative Services Officer Brown Deputy City Clerk Horisch Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler -",. .',.-.:' CC-459 Page 1 Me. Mann appointed to Water Comm. Paramedic program; lo- cation of 8111bulance in Cupertino CC-459 . Di3pensing mechanism for Corp. Yard gas Budget sched- ule f/þ I tem removed Consent Calen- dar approved e ..-~ _~~:':7~'"'' -.- T}~~~~~'Ý'~,~~~:~~)~-t'(·;~:~F ' ' ...,,;_.... "; '.,' . HINUTES OF THE MAY 7, 1979 CITY COUNCIL MEETING STAFF REPORTS Dispensing System, Corporation Yard - It was moved by Counc. Sparks. sec- onded by Counc. Jackson and paøsed unanimously to appropriate $5,000 for the purchase of a controlled, keyed dispensing mechanism for aDnitor1D& gas usage for the City's fleet. Budget. Schedule - It was moved by Coone. Sparks. seconlÌed by Counc. Jacbon and passed unanimously to adopt the revised budget schedule, as fol101ol8: Proposed Date Action 5/25 Fri. Distribute Proposed Budget to City Council. 5/30 Wed. Council scudy session to review Proposed 1979-80 Budget. 6/18 Mon. Public Hearing on Revenue Sbarina (Regularly scheduled Council ..eeting). 6/18 Mon. City Council's adoption of Proposed Budget. CONSENT CALENDAR Counc. Jackson requested that Item No. 17 be removed from the Consent Calendar. It was moved by COUDC. Sparks, seconded by Counc. Jackson and passoo unanimously to approve the balance of the Cons~nt Calendar. 8. Resolution No. 4978: "A Resolution of the City Council of the City of Cupertino Allowing CertaiI> Claims and Demands Payable in the Amount and from the Funds I'.s Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending April 16, 1979." 9. Resolution No. 4979: "A Resolution of the City Council of the City of C~pertino Allowing Certain Claims and Demands Payable in the Amount and from the FunGs as Hereinafter Described for General and Miscel- laneous Expendit',res for the Seven Day Period Ending April 23, 1979." 10. Resolution No. 4980: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims a~d Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending April 24, 1979." 11. Resolution No. 4981: "A Res<'lution of the City Council of the City of Cupertino Allowing Certain Claims and Demand3 Payable in the Amount and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending April 30, 1979." · MINUTES OF THE MAY 7, ¡ 979 CITY COUNCIL MEETING CC-459 Page 3 12. Resolution No. 4982: "A Resolution of the City Council of the City of Cupertino EøtaMishing Rate of Salary for Director of Finance." 13. Resolution No. 4984: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Jerry Merke10 and Stephanie Merkelo Consisting of Approximately 0.54 Acres, Located Along Regnart Road." 14. Resolution No. 4985: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes fr01òl Richard H. Childress and Vernie K. Childress and Gordon C. De Carli and Janet M. De Carli Consisting of Äpproximately 0.14 Acres, Located Along Regnart Road." 15. Resolution No. 4986: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Murray John Ellis and Virginia Ann Ellis Cunsisting of Approximately 0.01 Acres, Located Along R..:;...-:rt Road." 16. Resolution No. 4987: "A I'~lIolution of the City Council of the City cf Cupertino Accepting Grant of Easement for Roadway Purposes from Jerry Merkelo and Stephanie Merke10, and Alexander Merke10 and Nat- alie Merkelo Consisting of Approximately 0.01 Acres, Located Along Regnart Road." IIÞ 17. Removed 18. Application HC-51,206.3 - Pettibone Signs requesting approval of ex- ception to Section 6.03.3 of Ordinance 746 to permit a ground sign for a restaurant on a site which does not meet the "200-Rule" criter- ia specified in said ordinance section. Pr~perty is located on the south side of Stevens Creek Boulevard, west of Blaney Avenue. Recom- mended for approval. 19. Application HC-5l,466.l - Gazdar Developers and ~uilders, Inc. re- questing approval of modifications to site and architecture for a new office complex to be located on the east side of De Anza Boule- vard, north of Bollinger Road. Recommended for approval. 20. Application HC-S1,437.2 - South~ay Construction & Development Co., Inc. requesting approval of site, architecture. landocaping and lighting for a retail structure consisting of approximately 5,600 sq. ft. to be located at the southwest Corner of Stelling 3.nd Home- stead Roads. Recommended for approval. 21. Resolution No. 4988: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Vall co Cala- bazas Creek Landscaping Proj ec t 79-7." e 22. Resolution No. 4989: "A Resolution of the City Council of the City of Cupertino Approving Contrac~ Change Ord~r No.2 for Corporation Yard Project, DPW 78-Gl, EDA ~7-Sl-213S3, Contract No.5, Electrical. '..'':"~..;: . CC~4 59 t"e4 MINUTES OF mE HAY 7, 1979 CITY COUNCIL MEETING 23. ResolutiDn 10. 4990: "A ResolutiDn of the City Council of the City of CupeniQO Approving Contract Change Order 10. 1 for Senior Citiaen Center, Project 79-3, Contract No. 14." 24. Resolution 10. 4991: "A Resolution of the City Council of the City of Cupertino ApprovJ.ng the Final Map and Improv_nt PlalUl of Tract No. 5990, Rainbovø Encl. Located Along Rainbow Drive West of lubb Road; Developer. L & L Properties, Inc., a California Corporation; Accepting Certain Eas_nttl; Authorizing Signing of Pinal Map and Improvement Plana; Authorizing the Execution of IIDprovement Agre...nt in Connection Therewith; and Wate,r Main Re!mburuJllent Agre.....ent." 25. Resolution 10. 4992: "A Resolution of the City Council of t~e City of Cupertino Quitclaiming a Portion of Madera Road to Marian19t Province of the Pacific." 26. Resolution No. 4995' "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes fros Will18111 M. McGuire and Ruth E. McGuire Consisting of Approximately 0.18 Acres, Located along Regnart Road." 27. Acceptance of City Project performed under contract - Corporation Yard: - (a) Contract No.1, Earthwork, McCarthy & Spiesman (b) Cortract No.5, Electrical, Garbini Electric (c) Contract No. 14, General Work, Hernandez 28. Acceptance of City Project performed under contract - Senior Citizens Center: Contract No.1, Grading. 29. Acceptance of City Project performed under contract - Traffic Signal Insta1latfJn at Pruneridge and Hewlett-Packard, Project 79-10. 30. Minutes of Regular City Council meeting of April 16, 1979. (CC-456) 31. Minutes of Special City Council meeting of April 30, 1979. (CC-457) n. Minutes of Town H;¡ll Heeting of April 30, 1979. (CC-458) Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Jackson, O'Keefe, Rogers, Sparks, Heyers None NOL'e None e ORAL COMMUNICATIONS 33. Mr. Fred St. Claire regarding an initiative for rent stabi1izatiQn. MINUTES OF TBE HAY 7, 1979 CITY COUNCIL MEETING . Mr. St. Claire. 20100 Rodrigues Ave., No. G, addressed Council regardiAg inteut to pass a petition for rent stabilization. He submitted a copy of a pro.~sed ordinance to the Council. 34. ..,.ld Hoff'" .~.,,,,".. "'''''' f.. <h. ...~".ppo! .... ....Mo!. I Mr. Ron Moffett, 331 Curtner, ~. C., Palo ~~to. addreas~d Council regardi~. a psrking ordinance. stickers for ~he d1s?~led, identifial1e markings and enfot'cement of a handicapped parking ordinance. Mayor Meyers informed those present that there is presently pending in the Lr.gis1ature a bill r'- garding handicapped parking. "M the May 24. 1979 Council _eting'. statif'- will jlresent"eichér an ordinance or a staff report on, hatid~rapped pal'~dí· Staff was directed ,to ,c:ontact Ass~lyaan Hayden or the Leag.:a '7'~ ..:aUf. Cities regardinl the .tatus of the pen4ing bill. Staff will work with the Easter Seal Society and Mr. Moffett in determining.priorities for curb cuts PUBLIC BEARINGS . 35. Application 3-Z-79 of State Mutual Savings & Loan Association: Re- zoning approximately two acres from CG (General Commercial) to P (Planned Development with residential and cOIIDDercial intent) zone and Environmental Review: The Planning Commission recommends th~ granting of a Negative Declaration. Said property is located on the socthwest corner of Stevens Creek Boulevard and Finch Avenue. Recommended for approval. (a) First reading of Ordinance No. 925: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezor.ing Approximately Two Acres frOlD CG to P; Located on the Southwest Corner of Stevens Creek Bo"levard and Finch Avenue." It was moved by Counc. Jackson, seconded by ColØlc. Rogers and passed unan- imou~ly to hear No. 35 and 38 together. PLANNING APPLICATIONS 38. Application 4-U-79 of State Hutual Savings & Loan Association: Use Permit to allow construe_ion of a 10,000 sq. ft. ~ommerctal/office building and 19 residential townhouse units anó Environmental Review: The Planning Commission recommends the granting of a Negative Declara- tion. Said property is located on the southwest corner of Stevens Creek Boulevard and Finch Avenue. Recommended for approval. Ms. Vickie Simpson of State Mutual Savt,~s & Loan AssociatiOD addressed Council regarding the applicaticns. Hr. Mariani expressed concern regarding overflow and flooding of Calabazas Creek. I Mr. Bill La.!derdale, Craft Drive, questioned where garbage pIckup in the developmert would be. The Director of Plar.ning and Development mentioned that this would be discussed in detail at the Archicectu.al and Site Approval Committee meeting Thursday, May lC, 1979. It was moved by Counc, Rogers, seconded by Counc. Jackson and passed unan- imously to close the public hearing. I CC-459 Page 5 '.tent stabili- zation Handicapped parking Cloae public h eari.n8 Negative Dec. granted 3-Z-79 ap- proved First reading of Ord. No. 925 NegativE' Dec. granted 4-U-79 ap- proved Areas of con- cern Res. No. 4999 adopted Presentations and correS- pondence e MINUTES OF TBE MAY 7, 1979 CITY COUNCIL MEETING It was moved by Counc. Rogers, seconded by Counc. Jackson and paøsed unanimously to grant a Negative Declaration for Application 3-Z-79. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unanimoualy to approve Application 3-Z-79 per conditions of Planning Commiasiong Resolution 1923. It was IDOVed by Counc. O'Keefe, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 925 b¡; title only and the Mayor's reading to constitute the first reading. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to grant a Negative Declaration for Application 4-U-79. It was moved by Counc. Ja.:kson, seconded by COllnc. Rogers and passed unantDvusly to approve Application 4-U-79 per Planning Commission Resolu- tion 1924. 36. CondelllD'-tion of Regnart Road. (a) Resolution No. 4996: "Resolution of the City Council of the City of Cupertino, County of Sar.ta Clara, California, Deter- mining that Public Interest and Neceasity Require the Acquisition of Easements in, Over, Upon and Acros., Real Property for Road- way Pur~oses and Other Public Improvements and Directing the Filing of Eminent Domain and Declaratory Relief Proceeding"." City Attorney Adams identified the areas of conce,n for the Phblic hearing and pointed out that any question requires a 4/5 vote. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 4999, "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Road- way Purposes from Genevieve Ziegler Consisting of Approximately 0.184 Acres, Loca ted Along Regnart Road." Mr. Robert Saxe, 1625 The Alameda, Suite 400, San Jose, addressed Council on behalf of Mr. and Mrs. Arkley Wright of Cu~ertino. Mr. Saxe questioned the City's unimproved street ordinance. He requested a delay in adopting the proposed resolution directing filing of eminent domain. tlrs. Jo-Ann Gholson addressed Council in opposition to the proposed road. Ann Vosovic, 534 Flannery St., Santa Clara, co-owner with Mr. and Hrs. DuFault, expressed resistance to dedication of an easement for roadway pu rpos es . Mayor Meyers read the letter dated April 30, 19"~ ~-'",1 MoL"y, ""'~mas and Kingsley, attornies for Mr. and ~~1:"s. O~v::'d DuFdUlc, lor the re~vcci. He also read Director of Public Works Visk0vich'd letter to the DuFaults dated May 3, 1979 and City Attorney Adams' l~tter to Council dated May 7, 1979. 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No. 4993 not adopted - Res. No. 4994 adopted Priori ty for BMR housing given to workers in Clt i Further dis- cussion re concessions e MINUTES OF THE KAY 7, 1979 CITY COUNCIL MEETING Emil Pissari and Ben Ballard spoke in favor of vacation of the walkway easement. Mr. Bruce Burman, Hr. Roger Costa (10407 Amis tal! Court). Eileen Peak (Amistad Court) and John Patmark spoke in favor of keeping the walkway open. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to close the public hearing. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously not to adopt Resolution No. 4993 and to keep the watkway easement. Staff will work with the developer regarding ways to alleviate potential problems on the walkway. The Director of Public Worlw will investigate possible landscaping for the area. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 40. None ITEMS REK>VED FROM CONSENT CALENDAR 17. Resolution No. 4994: "A Resolution of the City Council of the City of Cupertino Declaring its Intention to Order Vacation ~f a Portion of Stevens Creek Boulevard at Byrne Avenue, Retaining Said Portion as Pedestrian and Bicycle Easement, as Provided in Section 8320 1St Seq. of the Streets and Highways Code of the State of California, Fixing Time and Place for Public Hearing and Providing for Notice Thereof. II It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 4994. UNFINISHED BUSINESS 41. Consideration or Ameudment to Below Market Rate Housing Program pertaining to ~articipant priority system. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed with Counc. O'Keefe dissenting to affirm the previous position taken giving rriority for below market rate housing to those who work in the City of Cupertino. 42. Policy on concession sales i~ City parks, Council did not arrive at a consensus regarding this matter. The Parks and Recreation Commission will discuss pros and cons of concessions at t~eir June 7, 1979 meeting. NEW BUSINESS 43. Report of bid opening for traffic signal interconnect system, Project 78-12, and award of contract. ~ MINUTES OF THE MAY 7, 1979 CITY COUNCIL MEETING It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to award Rosendin Electric the contract for their bid of $214,120 and to appropriate $100,000 from the General Fund to cover the deficit balance and contingencies for this project and contingencies for the contracts in progress. 44. Report on bid opening for Bandley Drive Storm Drain, Project 79-17, and award of contract. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to award the B3nd1ey Drive Storm Drain Project to Cupertino Pipe- line in the amount of $40,957 with a contingency of $4,100 for a total of $45,047, this sum to bE' appropriated from the Storm Drain Fund. 45. Proposal for a City Services Combining Zone as initiated by the Board of Supervisors. It was moved by Counc. Sparks, seconded by Counc. Ja~kson and passed unanimously to support the SCCAPO proposal. 46. Request for interpretation of City policy with res~ect to provision of water service to a three lot subdivision in the County-Creston Drive area. þ It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously that the Director of Planning and Development prepare a letter fo the Mayor's signature to be sent to the CouDty requesting that an almexa- tion agreement be signed between Mr. Rice and the City of Cupertino prior to County approval of Mr. Rice's application. 47. Consideration of May 24 as date for second Council meeting in May, 1979. &y consensus, Council will have its second mep.ting in May on Thursday, Hay 24', 1979. ",' -", . 48. Authorization to reimburse Terry Rose for street improvement - $1,6 It was moved by Counc. Sparks, seconded by Counc.-Rogers and passed un;m..· imously to reimburse Terry Rose in the amount of $1,600. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan imously to adopt Resolution No. 4997. "A Resolution of the City Council of the City of Cupertino Approving Improvement Plans of Property Located at the NOl:hwest Corner of Stevens Creek Boulevard and Vista Drive; Developer, Terrence J. Rose; Authorizing Execution of Improvement Agree- ment; Authorizing Signing of Improvement Plans." WRITTEN COMMUNICATIONS 49. Correspondence from Cupertino Senior Coordinating Council (Sister Theresa Iacino) regarding rent relief. t Council received correspondence from the Cupertino Senior Coordinating Council and requested that Mr. Bur' Avery of Avery Construction Co. and Glenbrook Apartments conduct an informal survey of apartment owners rep- resenting 75-80% of Cupertino rcntal units regarding rent increases, rebates and maintenance costs. Mr. Avery will appear under Oral Communi- cations at the May 24 Coun~il meeting. Staf~ was directed to so advise Sister Theresa of the Cupertino Senior Coordinating Council. CC-459 Page 9 Contract to Rollehdin Elec· tric Contract to Cupertino Pipeline Support proposal Annexation agree>:lent w/ Mr. Rice Meeting set for May 24 Res. No. 4997 adopted Survey of apt. .JWt1ers CC-459 . l'a~e 10 . . Second reading of Ord. No. 924 Ord. No. 924 enacted FilCst reading f¡ d. No. LRC recommen- dat ion "Junk car" ord I ~e "";¡"'.~",,::.' .~""~~~~~ KlNU'ŒS OF TRI14AY 1, 1919 el'n COUICl1. MERrIll; ORDINANCES 50. Second reading of Ordinance No. 924: "Crdinance of the Council of the City of Cupertino Adding Chapter 16.48 to the Cupertino Mullicipal Code, Authorizing Certain San Joae Officora, ~loy... and Their Authorized Repreaentalives to Impl~t and Enforce Building Resu- lations, PeDlits Under the Zoning Ordinance, and Contrl!Cta for Public and Private Improvement within Certain Territory After Reorganization by Detachment frOlll San Jose aJid Annexation to Cupertino; and Further Authorizing Cupertino Officel~, Employees and Authorized Representa- tives to Implement and Enforce San Jose Building RellllatioD8 within the Proposed Reorganized 'Ierr1to~"y after Such Reorganization." It was moved by Counc. Jackson, seconded unanimously torUlI ,lndinance 1Jo'.';l4· by to constitute:the aecoDd reading;J':' by Couac. bgu.-ønd,p!!!aed ,:' tHl"'01I1¥':and'ithe':Hayol' 'II! rèacling .... J.):\~ 1 r:·'!·, It was moved by Counc. Jackso.~, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 924. 51. First reading of Ordinance No. 927: "An Ordinance of the City of Cupertino Amending Section 11.24.150 of the Cuperti~ Municipal Code, Relating to Stopping, Standing or Parking on Public Streets and Pro- viding for Signs Notifying the Public Thereof." It was moved by Counc. JackPon, seconded by Counc. Sparks and pas~ed unanimously to read Ordinance No. 927 by title only and the Mayor's reading to constitute the first reading. RESOLUTIONS 52. None NON-AGENDA BUSINESS 53. Recognition by Mayor of special requests. (a) General Audience - None (b) City Council Legislative Review Committee - It was moved by Counc. Sparks, seconded by Counc. O'Keefe sod passed unanimously to oppose AB 1519. Council requested that they be sent a status report regarding a proposed "junk car" ordinance. Cou.:c. Rogers reported that her testimony in Sa.::ramcntc regarding AB 302 had proved effective and that her trip there (accompanied by Ann Angcr and AI Chappell) had been successful. Council adjov~~~ ~, 12:25 a.m. to 7:30 p.m., Kay 8, J979, at Hyoc Jr. High School, for a Town Hall ~eeting.