CC 05-24-79
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CITY OF CUPJ!RTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF TBE REGULAII MEETING OF TBl! CITY COUNCIL
HELD ON KAY 24, 1979, IN TBE COR1lREllCE ROOK, CITY HALL
CUPJ!RTINO, CALIPOIUfIA
Mayor Meyers called the meeting to order at 6:35 p... in the Conference
RooĊ of City Hall.
ROLL CALL
Counc. Present: Jackson (6:39 p.m.), O'Keefe, Rogers, Sparks, Mayor
Meyers
Staff Pre"ent:
City Manager Quinlan
Deputy City Clerk Korisch
Dir~ctor of Planning and Development Sisk
Director of Public Works Viskovich
Administrative Services Officer Brown
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
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It was moved by Coune. Sparks, Reconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 5010, "A Resolution of the City Council
of the City of Cupertino Approving Contract Change Order No. 2 for
Senior Citizen Center Project 79-3, Contract No. 14."
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5013, "A Resolution of the City Council
of the City of Cupertino Accepting Grant of Easement for Roadway Purposes
from Dale D. Dese1ms and Betty R. Deselms, Consisting of Approximately
0.14 Acres Located Along Regnart Road."
G.Junc. Roge". requested that Director of Publ1ë ~rks W:I.akoV1cb keep her
informed on àctlvi~ies related tô Multi-Modal Transportation Corridor
Task Force project.
COUNCIL REPORTS
CC-461
Page 1
Res. No. 5010
adopted
Res. No. 5013
adopted
Council requested a written report be obtained from Charna E. Statten of Van pooling
RiDES regarding van pooling.
Counc. O'Keefe suggested July 1, 1979 as a proposed cut off date for sign Japan trip
up for the trip to Japan.
LeRis1ative Review Committee It was moved by Counc. Sparks, seconded by
Gounc. Jackson and passed unanimously to oppose SB 888, AB 469 and 5B
WO and to support SB &58, AB l593, AB 881, AB 772 and 5B 848.
t
Legislative
Review Comm.
actions
I
I
CC-461
P.2
.
Items re-
moved
Consent
<iliJll¡¡endar
_roved
'.'~;:;':,~',
MJJroTEI or TBE MAY 24, 1979, CITY COUNCIL MEETING
It v.. 8OY.d by Counc. Sparks, seconded by Counc. Jackson and p....d uaan-
imou.ly co taka the following actions:
Oppo.e AI 462.
Support SB 1182, SB 418 and AI 1798.
Support Senate Finance Committee amending budget of State Depar~t
of HCD.
Oppose Section 1 of AI 699, Rate Deregulation of Cable TV; support
Section 6 and give further study to Sections 2 through 5.
Support SJR 5 with a note saying the resolution be amended to .haw
consistency by including State as well as federally mandated programs.
Counc. requested that more information be obtained on AB 227, AB 1802. AB 699
and SB 1757.
It was moved by Counc. Sparks. seconded by Counc. Jackson and passed unan-
imously to support SB 365 as requested by Counc. Rogers.
Mayor Meyers presented summarized information regarding AB 83 to Council. It
was decided to obtain a copy of AB 83 for further study.
At 7:35 p.M. the meeting was adjourned and reconvened in the Council Chamber.
SALUTE TO TBE FLAG
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: City Manager Quinlan
Deputy City Clerk Morisch
Dir~ctor of Planning and Development Sisk
Director of Public Works Vi~kovich
Administrative Services Officer Brown
City Attorney Adams
Director of Parks and Recreation Butler
Deputy City Attorney Aitkens
CONSENT CALE~AR
Items 12, 17 aJUi' 18 _re relllOVed f.rO'JI the Conant Calendar at the
request of Counc. Rogers. Item 14 ~as removed at the request of Director
of Planning and Development Sisko At the request of Counc. Sparks, Item
13 was removeJ.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passes unan-
imously to appro'/e ,he remainder of the Consent C¡lendar.
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MINUTES OF THE MAY 24, 1979 CITY COUNCIL MEETING
CC-461
Page 3
7. Resolution No. 4998: "A Resolution of the City CouDcil of the City
of Cupertino Allowing Certain Claims and Deunds Payable in the AmoUJIt
and fro. the Funds as Hereinafter Described for General and Miscel-
l81leous bpeuditures for the Seven Day Period Ending Hay 7, 1979."
8. Resolution No. 5000: "A Resolution of the City CoUJIcll of the City of
Cupertino Allowing Certain Cla1_ and Demands Payable in the Amounts
and fro. the Funds as Hereinafter Described for Salaries and Wagea
for the Payroll Period EndinS Hay 8, 1979."
9. Reso1uti:m No. 5001: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amount
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending May 14, 1979."
10. Acceptance of City project performed under contract - No. De Anza
Boulevard Assessment Diatrict, Project 76-14 - Z1pae Paving Co.
11. Resolution No. 5002: itA Resolution of the City CoUJIcil of the City
of Cupertino Approving the Final Map and Improvement Plana of Tract
No. 6574 Located on Byrne Avenue, Southeast and Southweat Corners
with Stevens Creek Boulevard; Devp.loper, Byrne Avenue Properties, T.
M. Brown, General Partner; Accepting Certain Easements; Authorizing
Signing of Final Map and Improvement Plans; Authorizing the Execution
of Agreement in Connection Therewith. It
12. Removed
13 . Removed
14. Removed
15. Resolution No. 5005: "A Resolution of the City Council of the City of
Cupertino Authorizing Execution of Agreement between the City a..d
Santa Clara County Central Fire Protection District for Provisions
of Fire Protection Facilities."
16. Amendment of schedule for reiabursement rate for personal use of
vehicles on City business.
17. Removed
18. Removed
19. Minutes of the Town Hall meeting of May 8, 1979. (CC-460)
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, O'Keefe, Rogers, Sparks, Heyers
None
None
None
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MINUTES OF THE tlAY 24, 1979 CITY COUNCIL MEETING
ORAL COMMUNICATIONS
20. Presentation of pr()(;1all8tion to Sheryl Jolmson of tile USA Fi"ld Rockey
Team.
Proclamation Mayor Mey~rs presented the proclamation to Sheryl 301m.on.
Report
accepted
a No. 500
~~ted
Referred to
Planning
Comm.
Repair of
path
Use of Senio
Cit hen
Center
.
21. Mr. Burt Avery regarding his survey of rental unit owners in Cupertino.
Council received a written suøaary of J'T. Burt Avery's oral report and directed
staff to send a copy to Sister Thesesa Iacino.
Item 12 was taken out of order because involved person had to leave the meeting.
ITEM REMOVED FROM CONSENT CALENDAR
12. Resolution No. 5003: "A Resolution of the City Council of the City of
Cupertino Approving Parcel Map and Improvement Plans of Property Located
on the South Side of Homestead Road East of Grsnt Road at Highway 280;
Developer, J. Cyril Johnson and La Pre1e Johnson; Authorizing Execution
of Imprcvement Agreement; Authorizing Signing of Parcel Map and Im-
provement Plans.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan-
imously to adopt Resolution No. 5003.
ORAL COt~roaIcATIONS (continued)
22. Mrs. Jo-Ann Gholson regarding heavy equipment usage in urban service area
of Cupertino.
Mrs. Gholson reported heavy equipment usage in the urban service area during
weekends and holidays and urged the Council to consider enactment of Ordinance
No. 812 which came before Council in 1977 but was not enacted.
It was moved by Counc. Sparks, seconded by Counc. Rog~rs and passed unan-
imously to refer the matter to the Planning Commission for study and report
back to Council at a later date.
R. D. Koenitzer, 10060 Pbar Lap Drive, requested resurfacing of path up Hoo
Hoo Hill. Council instructed the Department of Public Works to make the
necessary repairs.
Linda Sharman, Vice President 0f the Historical Society, reported that the
present Senior Citizens Center building would be inadequate for their museum,
concluding that a larger building would be required for this purpose.
It was moved by Counc. Jackson, seconded by Counc. Rogers al.<J passed unan-
imously for staff to continue to work toward finding a use for the present
Senior Citizen Center building.
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MINUTES OF THE MAY 24, 1979 CITY COUNCIL MEETING
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PUBLIC HEARINGS
23. City of Cupertino: Public Searina to aend Ordinancl.' 002(e-l) pro-
vidina for zoning regulations for land 'annexed to the City of (:uper-
tino as a result of a municipal reorganization. Recommended for
approval. The Planning eo..ission r.c~ds the granting of a
Negative Declaration.
(a) First reading of Ordinance No. 923: "An Ordinance of the City of
Cupertino Anending Ordinance No. 002(e-1) Providing for Zoning
Regulations for Land Annexed to the City of Cupertino as a Result
of a Municipal Reorganization."
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to grant a Negative Declaratio~ for the project.
It was moved by Counc. Jackson, seconded by Counc. Spsrks and passed unan-
imously to read Ordinance No. 923 by title only and the Mayor's reading to
constitute the first reading.
PLANNING APPLICATIONS
Þ 24. Application 5-TK-79 of Maxine nru-md: Tentative Map to cons"lidate
two lots of record and to resubdivide said lots into two parcels which
consists of approximately 10.000 sq. ft. each and Environmental Review
The project is categorically exempt hence no action is required. Said
Property is located on the west side of Carmen Road approximately 150
ft. southerly of Cupertino Road in a Pre Rl-10 zoning district. Rec
mended for approval.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to approve Application 5-iK-79.
25. Applications 7-TK-79 and 6-U-79 of Carl Ho1vick Company: Tentative
Map to subdivide approximately three acres into two parcels equaling
approximately 2.2 acres and .7 of an acre; Use Permit to construct a
28,300 sq. ft. industrial building and Environmental Review: The
Planning Commission recommends the granting of a Negative Declaration.
Said property is located easterly of Randley Drive and westerly of
De Anza Boulevard approximately 200 ft. northerly of Lazaneo Drive
in a P (Planned Development with light industrial, commercial anrl
residential (4-10 dwelling units per acre> intent) zoning district.
Recommended for approval.
It was ~oved by Counc. Srarks, seconded by Counc. Jackson and passed unan-
imously to grant Negative Declarations for Appli~ati)ns 7-TM-79 and 6-U-79.
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It was moved by Counc. Jackson, seconded by Cou~c. Rogers and passed unan-
imously to approve Application 7-TM-79.
It was moved by Counc. Jackson, seconded by (oune. Rogers and passed unan-
imously to approve Application 6-U-79.
Cc-461
Pas.. 5
Public hear-
ing closed
Negative Dec.
granted
First reading
of Ord. 923
5-iK-79
approved
Negative Dec.
grante('
7-TN-79
approved
6-U-79
approved
¥¿
HC-5l,445.1
approved
.1,487.1
oved
HC-Sl,227.6
approveD
Hinutes
approved as
aïnenù:d
Art
~Pted
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MINUTES OF THE MAY 24, 1979 CITY COUNCIL MEETING
ARCHlTEC':'D1tAL AlII> SITE APPROVAL CmNITTE'> APPLICATIONS
26. None
ITEMS REI«JVED FROM CONSENT CALENDAR
12. Taken out of order earlier in meeting.
13. Application RC-5l,445.1 - Ga~tano DiVittorio requesting approval of
-ite and architecture for a combination office and cammerical building
equaling approximately l8,OGO sq. ft. S9id property is located at the
northweøt comer of Lazaneo Drive and De Anza Boulevard. ReC01llllM!Dded
for approval.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed with
Counc. Sparks abstaining tG _~prove Application HC-51,445.1.
14. Application HC-51,487.1 - State Mutual Savings & Loan Association
requesting approval ~f si~e, architecture, and lighting for a 10,000
sq. ft. financial institution and 19 residential dwelling units. Said
property is located on the southwest corner of Stevens Creek Boulevard
and Finch Avenue. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. O'Keefe dissenting to approve Application BC-51,487.1.
17. Application HC-5l,227.6 - The Koll Company requesting approval of
modification to Condition 13 of Architectur~l and Site Approval Res-
olution N~. 838 for purposes of deleting the requirement for reciprocal
p2rking area usage with the adjacent northerly pnperty. Suhject ..ite
is located on the westerly side of Bubb Road within the West Valley
Industrial Park. Recommended for approval.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan-
imously to approve Application HC-51,227.6.
18. Minute~ of the regular City Council meeting of Hay 7, 1979. (CC-459'
Counc. Rogers requested that the minutes be amended to include her report on
her trip to Sacramento regarding SB 302 and to note that area citizens Ann
Anger and AI Chappell also appeared in Sacramento regarding 5B 302.
It was moved by Counc. Rogers, seconded by Counc. Jackson and oassed unan-
1~us1y to approve rhe minutes as amended.
UNFINISHED BCSINESS
28. Project.. for TDA funds.
TI,e report on TDA funds was accepted with Council urgIng cautIon to staff.
Art Ro~ertson of Oakdell Rarich Homeowners Association, residing at 21979
Oakdell Place and representing a special committee on access to the local
park and school, spoke in sUDport of the use of TDA funds for pedestrian and
bicycle facilities.
.
.
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HINUTES OF TBE MAY 24, 1979 CITY COUNCIL MEETING
29. Report and ordinance pertaining to handicapped parking stn11..
Due to new legislation, City Attorney Adame submitted a new draft of the
proposed Ordinance pertaining to enfo~cement of certain traffic and
parking regulations in handicapped parking areas. It was moved by Counc.
Jackson, seconded by Counc. Rogers and passed unanimously to continue the
matter to the meeting of June 4, 1979.
RECESS: 9:04 - 9:14 p.m.
NEW BUSn!RSS
3D. Authori~ation for purchase of street sweeper.
Council authorized staff to purchase a street swe~per without formal bid
procedures and authorized a $50,000 appropriation from the General Fund.
31. Renewal of option to purchase Christers.n property.
(a) Resolution No. 5004: "Á Resolution of the City Council of the
City of Cupertino Exercising Option to Purchase Lot 60 of Real
Property from Herman Christensen, Jr., and Raymond P. Christensen
Notthwest Corner of Stelling Road ..nd Alves Drive."
(b) Resolution No. 5007: "A Resolution of the City Council of the
City of Cupertino Accepting a Grant Deed of Real Property from
Herman Christensen, Jr., and Raymond P. Christensen; Northwest
C"rner of St"lling Road and Alves Drive."
It was moved by Counc. Jackson, second~d by Counc. Sparks and passed unan-
i~ous1y to adopt Resolution No. 5004 with the pri~e amended to $128,586.
it was moved by Counc. ~parks, seconded by Counc. Jackson and passed unan-
imously to adopt Resolution No. 5007.
32. Report on bid opening, Corporation Yard Irrigation and Landscaping,
Project 79-16, and award of bid.
It was moved by Counc. S?arks, seconded by Counc. Rogers and passed unan-
imously to award the contract to B. L. Cohen Landscaping for their bid
of $26,875 with a contingency of $~,700.
33. Report on bid opening, Senior Center Irrigation and Landscaping,
Project 79-1<. and award of contract.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to award the contract to B & B Landscaping for their bi¿ of
$40,284 with a contingency of $4,000.
34. Report on bid opening, No. De AnZ? Boulevard Improvements, Project
79-16, award of contract, and granting of Negative Declaration.
It was moved by Comic. Sparks, seconded by Counc. Rogers and passed unan-
imously to grant a Negative Declaration and award the c0ntract to Piazza
CC-46l
Pege 7
Rev draft
ord. 8ub-
aitted; con-
tinued
Purchase
authorizeà
Res. No. 5004
adopted as
amended;
Res. No. 5007
adopted
Contrac t to
B. L. Cohen
Landscaping
Contract to
B & B Land-
scaping
Negat i ve Dee.
granted
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MINUTES OF TBE MAY 24, 1979 CITY COUNCIL KEETIKC
34. (continued)
Contract to Conøtruction for their bid of $162,384.
Piazza Constr
Contract to
Ceo. Bianchi
Construction
.
Committee
formed fa....
evaluation
and report
Fund transfe
approved
Res. ~;o. 500
Wted
35. Report on bid opening, McClellan Road 8ridse. Project 79-21, and award
of contract.
It was moved by Counc. Jackson, secondeo by Counc. Sparks and passed unan-
imously to award the contract to Georße Bianchi Construction, Ire., for their
bid of $8,054.
36. Request for stop digns in the vicinity of Liacoln School and Kennedy
Sc hoo!'
Presentations:
Dinah Showman, Lincoln ?TA President, residing at 10915 D....yden hve., Cup-
ertino, spoke urging installation of 3-way stop signs at the corners
of Hyannisport and Bubb and at Pumpkin and Bubb, aDd the installation of a
raised divider strip separating the traffic and bike lanes on Bubb directly
acrOdS the street from Kennedy Jr. High School.
Bruce Smith, 10933 Wilkenson, Cupertino, made a fit. presentation on the subject.
Also supporting the action were Nancy Crosby, 7989 ~lark Way; Be~ty
Elder, 20738 Sunrise Drive, Cupertino; and John Neil. 21433 Shannon Court.
Ie was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously that a committee be formed with representatives from Lincoln
Elementary, Kennedy Jr. High and the school administration office to work
with staff members for study and evaluation of the situation with a report
to be brought back to CðuDci1 within three months so that-a solution can be
implemented prior to the beginning of school in Septeaber.
37. Fund transfer to Worker's Compensation Activity and Liability Insurance
Activity.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to approve the fund transfer.
38. Joint Liability Insurance proposal with other public jurisdictions.
(a) Resolution No. 5008: "A Resolution of th" City Council of the
City of Cupertino Authorizing Participation in the Public Entity
Risk Management Authority (PER!1A)."
~dministrative Services Officer Brown answered questions from Council. It
'¡as moved by Counc. Jackson, seconded by Counc, Sparks ~nd pa~sèd unanimously
to support the sta ff recommendat ion and adopt '\esolut ion No, 5008.
WRITTEN COMMlrnICATICNS
39, None
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HINUTES OF THE KAY 24, 1979, CITY COUNCIL MEETING
ORDINANCES
40. Urgency Ordinance Ro. 930: "An Ordinance of the City of Cupertino
Adding a New Chapter 6.28 to the Cupertino Municipal Code, Providing
for the Grantina of Franchises for Conaunity hntenna Television
Systems, and the Teras and Conditions for the Operation of the Saøae
within the Boundaries of the City, and Declaring the Vrge~cy Thereof.'
Presentations - Louis Soucie, Director of Community Relationa, Gill Cable;
Bob Coward, Gill Cable.
Ken Daniel, President. Videc ~~gineering, Inc., residing at 26481 Purissi
Road, Los Altos Hills. expresaed concern regarding proposed Ordinance No.
930, Section 6.28.110. He currently provides service to two apartment
complexes in Cupertino and feels that this section could affect service
and financial arrange8eDts.
Council expresaed concern regarding overhead and underground lines.
Staff was directed to prepare a new ordinance to cover the boundary trans-
fer area only and to study and evaluate alternatives for Cupertino.
41. First reading of Ordinance No. 931: "An Ordinance of the City of
Cupertino Repealing Chapter 8.08 of Title 8, Cupertino Municipal
Code. and Enacting a New Chapter 8.08 Thereto, Regulating Animals
and Rabies Control."
It waa moved by Counc. Sparks, seconded by Counc. ;ackson and passed unan-
imously to read Ordinance No. 931 by title only and the Mayor's reading
to constitute the first reading.
42. Second reading of Ordinance No. 925: ;'A.., Ordlu..nce of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi-
mately Two Acres from CG to P; Located OL the Souttlwest Corner of
Stevens Creek Boulevard and Finch Avenue."
It was moved by Counc. Jackson, se~onded by Counc. Sparks and passed unan-
imously to read Ordinance No. 925 by title only and the Hayor's reading
to constitute the seco.~ reading.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to enact Ordinance No. 925.
43. Second reading of Ordinance No. 927: "An Ordinance of the City of
Cupertino Amending Section 11.24.150 of the Cupertino Municipal Code,
Relating to Stopping, Standing or Parking on Publi~ Streets and
Providing for Signs Notifying the Public Ther<,of."
It Was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 927 by title only and the Mayor's reading
to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 927.
CC-461
Page 9
Ord-. to covel
transfer are.
only
First read-
ing of Ord.
No. 93L
Second read-
ing of Ord.
No. 92 5
Ord. 925
enacted
Seconcl read-
ing of Ord.
No. 927
Ord. 927
enacted
.
CC':46l
P.lO
Res. No. 4962
adopted
San Jose ac-
tIon re Hwy.
85 and 87
Gaine
shortage
Purchase of
Christensen
property
Acq u is it ion
of school sit
for ~\onta
Vista Park
.
MINUTES OF THE KAY 24, 1979 CITY COUNCIL MEETING
RESOWTIONS
44. None
NON-AGENDA BUSINESS
45. Recognition by Msyor of speci~l requests.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 4962, "A Resolution of the City Council of
the City of Cupertino Authorizing Execution of an Agreement between the City
of Cupertino and Santa Clara County for the Provision or Emergency Services
to the City of Cupertino."
(a) General Audience
Ann Anger submitted and commented on an article appearing in the May 24,
1979 San Jose Mercury regarding the City or San Jose's possible action
against the State because of unfinished status of Highway~ 85 and 87 and
urged Cupertino to cooperate with San Jose on this matter. Ccuncil
directed the City Msnager to contact the City of San Jose regarding their
possible action on this.
(b) City Council
Counc. Rogers brought a letter from Norm Mineta to the attention of the Council
and requested the City write a letter to Congressman Mineta encouraging him
to continue with his efforts regarding the gasoline shortage.
Election of Officers for Cupertino Scene, Inc. was contin'Jec! to the meeting
of June 4, 1979.
Mayor Meyers adj~urned the meeting to an Executive Session at 11:50 p.m.
At 12:15 a.m. the meeting was reconvened in open session. It was moved by
Counc. Jackson, seconded by Counc. Rogers and passed with Counc. O'Keefe
absent to proceed to exercise the next subsequent option for the Christensen
property at the price of $128,586.
It ~as moved by Counc. Jackson, seconded by Counc. Sparks and passed with
Counc. O'Keefe absent to follow the staff recommendation to proceed with the
acquisition of the two acres on Foothill Boulevard from the school district
for Honta Vista Park prior to July 1, 1979.
The meeting was adjourned at 17.:20 a.m. to Wednesday, ~~y 30, 1979 for a
budget review session.
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Dèputy City Clerk
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