CC 06-18-79
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City of Cupertino, State of California
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MItroTES OF THE REGULAR MEETING OF TIlE CITY COUNCIL
HELD ON JUNE 18, 1979, IN THE CONFERENCE ROOM, CITY HALL
CUPERTINO, CALIFORNIA
At 6:40 p.m., Mayor Heyers called the meeting to order in the'Conference
Room of City Hsll.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Roge:s, Sparks, Hayor Meyers
Staff Present:
City Manager Quinlan
City Clerk Cornelius
~irector of Public Works Viskovich
Director of Planning and Development Sisk
Director of Finance Snyder
Deputy City Clerk Morisch
Deputy City Attorney Kilian
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Hanager's Report
^ letter received from Barbara McGuigan regarding Lazaneo Drive safety
features was referrP.d to staff for a report to be presented to Council
July 2, 1979.
By consensus staff was directed to send a letter to San Jose Mayor Janet
Gray Hayes acknowledging her communication urging support or passage
of an eq..itable long-term funding solution for cities beginning with the
1979-1980 fiscal year.
By consensus, Council directed a letter be sent to Mayor Thomas P. Hc-
Reynolds of the Town of Los Altos Hills in support of discussion of the
Corridor Study at the July meeting of lCC.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to approve the insertion of one extra page in the July
issue of the Cupertino Scene p"rtaining to boundary reorganization in-
formation and the extra expenditure of approximately $500.00.
Legislative Review Committee
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan
imous1y to take the following actions on legislative issues:
Support AL 1843, oppose 5B 462, SB 888, AB 1.802, SB 1757 and AS 699.
Support the State HCD contrc·l léanguage in the Senate's version of
the budget and direct a letter to be sent to Senator Smith stating
this.
CC-464
Page 1
LaZaDeo
safety
Funding for
ci ties
Corridor
study
Cupertino
Scene re
boundß.r:,~ re-
organizati.on
Legisl"ti .¡"
Review
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CC-464
P.2
Reconvened in
Chamber
",,~,_.;,~..~"'t'!~~;.
MINUTES OF THE .JUNE 18, 1979 CITY COUNCIL MEETING
Support SB 365 pertaining to psychological testing for rape victims.
At 1:30 p.~., the meeting was adjourned. Mayor Meyers called the meeting
to order in the Council Chawber at 7:35 p.m.
SALUTE TO TBE FLAG
ROLL CALL
Counc. Present: Jackson, O'Keefe, Roger~: Sparks, Mayor Meyers
Staff Present:
City Hanager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Finance Snvler
Deputy City Clerk Morisch
City Attorney Adams
CONSENT CALENDAR
rterns removed At staff request, Item 15 was removed from the Consent Calendar, and Counc.
Jackson requested that Item No. 17 be removed.
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7.
Resolution No. 5023: "A Resolution of ~he City Council of the City
of Cupertino Allowing Certain Claims and D~mands Payable in the Amount
and from the Funds as Hereinafter Describ~d for General and Misce1~aneous
Expenditures f"r the Period Ending June ~, 1979."
8. Reoso1ution No. 5025: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for Salaries and
Wages for the Payroll Period Ending June 5, 1979."
9. Resolution No. 5027: "A Resolution of the City Council oj' the City
of Cupertino Allowing Certain flaims and Demands Payable in the Amount
and from thf: Funds as Hereinafter Described for General and Miscellan-
eous Expenditures for the Period Ending June 11, 1979."
10. Resolut!0n No. 5028: "A Resolution of the City Council of the City
of Cupertino Authorizing !.xecution of Agreement between the County
of Santa Clara and the City of Cupertino for the Street Improvement
on Miller Avenue between Phil Lane and Calle De Barcelona."
11. Resolution No. 5032: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Punoses from
Angelo R. Quinterno Consisting of Approximately 0.078 An.'. Located
on the North Side 'Jf Stevens Creek Boul"vard at the Southern Pacific
Railroad."
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MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MElTING
12. Resolution No. 5033: "A Resolution of the City Council of the City
of Cupertino Requesting R_val of the Pedeatrian Crosewalk at the
Intersection of De Anza Boulevard and Alvea Drive."
13. Resolution No. 5034: "A Resolution of the City Council of the City
of Cupertino Authorizing the Execution of Agreement with Ban. L.
Barnes and Wanda J. Barnes. for Street IlIprovements and Water Main
Installation; Merriman Road."
14. Resolution No. 5035: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Interconnect
Conduit Project 79-20."
15. Removed
16. Resolution No. 5037: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes from
David E. DuFault and Val R. DuFault, Located Along Regnart Road."
17. RelOOved
It was moved by Counc. Jackson, sec'Jnded by Counc. Rogers and passed una
imously to approve t}¡e Consent Calendar.
Vote
Hembers of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jacicson, O'Keefe, Rogers, Sparks, Meyers
None
None
None
ORAL COMMUNICATIONS
18. Presentation by Mr. Henry Wespiser regarding the Cupertino/San Jose
Boundary Reorganization.
Hr. Henry Wespiser, representing Citizens for Boundary Adjustment Com-
mittee, presented a dona:ion of $200 to be used for purchase of equip-
ment for the Senior Citizen Center.
19. Hr. Fred S.. Claire regarding rent stabilization.
Mr. Fred St. Claire addressed Council regarding the rent increase survey
previously submitted by Mr. Bert Avery. He believed the survey misled
Council and that if a task f?rce were to be formed, it should include
representatives of apartment owners and renters.
20. Vivienne Ne;son regarding rent inequities (Chairman of Rent Inequi-
ties Commission of the Senior Coordinating Council of Cupertino).
Mrs. Nelson expressed her opinion that a one person task force does not
work effectively. The Senior CoorJinatin& Council of Cupertino is con-
ducting its own survey a~d will ~ubmit a copy to Council.
CC-464
Page 3
Consent Cal-
Illidar approved
Donation for
Senior Ci ti zeT
Center
Rent increase
survey
Survey by
Senior Crjorù.
Counc. of
Cupertino
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CC-464
P4I4
Re_st from
C~lic
Social Service
Agency
Mon;;" Vista
ParK Develop-
ment
Public hearing
cl "'sed
Maintenance
and repair
of sidevalks
Res. No. 5029
adopted
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MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING
Mr. Avery of Avery Construction, Mountain View, and owner of Glenbrook
ApartDl8nts in Cupertino, addressed Council. He said that goverllllleDt control
would kill the spartment industry. He stated that Mr. St. Claire had re-
ceived a copy of his survey but had not contacted him regarding any dia-
crepancies .
Ann Anger, representative of the board of directors of the Tri Cities
Apartment Association, requested that Mrs. Nelson contact her group.
PUBLIC HEARINGS
21. 1979-1980 Operating and Construclion Budget.
(a) Proposed use of Revenue Sharing Funds.
(b) Proposed use of Capital Improvement" to be rescheduled.
(c) Resolution No. 5029: "A Resolution of the City Council of
the City of Cupertino Adopting an Operating and Construction
Budget for Fiscal Year i979-1980 b) Ratifying Estimates of Revenues
to be Received in Each Fund and Appropriating Honies Therefrom
for Spe~ified Program Activities and Accounts and Setting Forth
Conditio, ," of Administering Said Budget."
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed
unanimously to refer a request for funding assistance from the Catholic
Social Service Agency to staff for consideration. Staff will report
to Council regarding the type of program provided by this agency.
It was moved by Cocnc. O'Keefe, seconded by Counc. Jackson and passed
unanimously to approve $100,000 for the Monta Vista Park Development.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to close the public hearing.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to approve $60,000 ($50,000 from the Land Acquisition and
Traffic Development monies, $10,000 from surplus funds) for maintenance
and repair of sidewalks for 1979-80.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to adopt Resolution No. 5029.
22. Consideration of island annexation "Manta Vista 79-2".
(a) Resolution No. 5030: "A Resolution of the City Council of the
City of Cup"rtino Initiating Proceedings for the Annexation of
the Island Designated 'Monta Vista 79-2', Approximately 23 Acres;
Located Westerly of Freeway 85, Southerly of University Avenue,
Easterly of Peninsula Avenue and Northerly of Stevens Creek
Boulevard. II
MINUTES OF TBE JUNE 18, 1979 CITY COUNCIL MEETING
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Rich Benson, 1959 Leghorn Street, Mountain View. questioned Council re-
gard1D8 zoning in the area proposed to be annexed.
Ann Anger stated that she was in ëavor of converting duplexes and in
xavor of ownership rather than rentals.
No protests were expressed against the proposed annexation.
CC-4M
Page :;
No protests
It was moved by CO'mc. Sparks, seconded by Counc. Rogers and passed unan- p.·';:"lc hearing
imously to c10ge the public hearing. closed
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una Adopt Res. 5030
imously to adopt Resolution No. 5030.
23. Proposed ordinance allowing for enforcement of handicap parking reg-
ulations.
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(a) Urge.,cy Ordinance No. 936: "An Ordinance of the City Council
of the City o{ Cupertino Finding and Declaring that Certain
Privately-Owned and Maintained Parking Facilities are Generally
Held Open for Use of the Public for Purposes of Vehicular
Parking, and Adding Section 11.28.070 to the Cupertino Munici-
pal Code, to Provide a ~eaDB for the Enforcement of Parking
Regulations in Private Parking Areas Pursuant to Section 21107.
of the California Vehicle Code, and Declaring the Urgency
Thereof. "
Jo-Ann Gholson, 22125 Regnart Road, suggested Council or City staff
contact the Easter Seal Soci~ty in regard to appropriate size of handicap
parking stalls, types of curb cuts and the use of lighter weight doors
to facilitate handicap access to buildings.
Staff will consult with the Sheriff's Department regarding the possibilit
of non-deputized or specially deputized personnel enforcing the handicap
parking ordinance on private property.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 936 by title only.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed
unanimously to enact Urgency Ordinance No. 936.
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It was moved by Counc. Jackson. ~econded by Counc. Rogcrs and passed
unanimously that the Director of Public Wor~g will look into the cost of
the signing necessary for enforcement of the ordinance and notify ap-
propriate property owners of this cost and inform them that the sigcg
are available for installation. Council directed that the campus news-
paper at De Anza College be informed that this crdinance was enacted.
Enforcement by
special person-
nel
Public hearing
closed
Reading of
Ord. No. 936
Ur¡¡;ency Or.'!.
936 enacted
Signs for
privately mmed
parking lots
CC-4~4
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Cross easement
condition
Continued;
alternati ves
to be checked
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Removal of
portions of
minutes re
Cupertino Seen
No act ion
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Temporary
trailer for
Apple Computer
MINUTES OF THE Jtr.4E 18, 1979 CITY COUNCIL MEETUIG
PLANNING APPLICATIONS
24. Applications l3-TH-77 and 1D-U-79 of Uøhiro Hosono/Nick Papageorgiou:
Tentative Map to subdivide approximately 1.15 acres into two parcels
equaling approxiaately .878 acrea and .271 acres each; Uae Perait
to construct a 3,~ sq. ft. commercial and office building and
Environmental Review: The Planning Commiu1on rec~endø tbe granting
of a Negative Declaration. Said property is located on the north-
east corner of Alvu Drive and Band1ey Drive in a P (Planned Df'Ve1op-
Lent with Light InC:ustrial, General Commercial and Residential (4-10
dwelling units per acres) intent) zoning district. Recommended for
approval.
Hr. Don Bandley, representing Mr. Hosono, applicant, informed Council
that Mr. Hosono was not in agreement with the condition requiring a cross
easement.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to continue the applications to July 2 and that Mr. PaVageorgiou,
the other applicant, be requested to attend. Staff will explore the
possibility of a joint driveway or two driveways side by aide on the site.
ARCHITECTURAL AND SITE APPROVAL COMMItTEE APPLICATIONS
25. None
ITEMS REMOVED FROM CONSENT CALENDAR
17. Minutes of the regular City Council meeting of June 4, 1979. (CC-436)
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to approve the June 4, 1979 minutes as amended to delete
paragraphs 2, 3 and 4 of page 12 referring to the meeting of the Cupertino
Scene, Inc., officers.
RECESS: 9:45-9:55
UNFINISHED BUSINESS
27. Memorial Park ar.quisition net appropriation.
(a) Appropriation for im?rovement of Stelling Road adjacent to
Hemorial Park.
No action was required to be taken as this was included as part of the
budget for the 1979-80 fiscal year.
JiEW BUSINESS
28. R~quest for temporary trailer permit for Apple Computer, Inc.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously to approve the request that they oe allowed to utilize a temporary
structure pending construction of a new building.
MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING
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M~. James Walker, Marketing Director of Carl Rolvick Co., expressed his
appreciation for the quick response to this request.
29. County Tranøit bUB station in Vallco.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to continue this matter to the July 2, 1979 meeting.
30. Request for temporary permit for fruit stand at southeast quadrant of
Stevens Creek Boulevard and South De Anza Boulevard for Joe Camarda.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to grant Joseph Camarda's request for a temporary fruit stand
at Stevens Creek Boulevard and South De Anza Boulevard.
31. Protest of posting of $1,550 for Asphalt Overlay on Pacifica Drive.
As a property owner in the area to be discussed, Counc. Jackson abstained
from participating in this item.
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Attorney Jack London representing George Somps, owner of 20480 Pacifica
Drive, stated that there had been no cutting in the street in front of
his client's property and therefore the posting of $1,550 was being pre-
tested. Mr. Somps originally had been informed it would be necessary to
post $675, which he did. After that time he was requested to post an
additional $875.
Counc. Sparks moved that the addltio~al $875 posted be T~~~rned to Mr.
Somps. The motion died for lack of a second.
council requested that staff inform applicants of a1rernatives available,
i.e. a deferred agreement, a letter of credit, cash.
CC-464
Page 7
Appreciation
Continued
Request for
fruit stand,
Csmarda
ackson ab-
stained
Protest of
posting of
$1,550
Motion died
Applicants'
alternatives
Staff will evaluate the policy and present Council with a copy of the pro- Evaluate policy
cedure.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed with
Counc. Jackson abstaining to accept a letter of credit from Mr. Somps for
asphalt overlay on Pacifica Drive.
32. Authorization for the Director of Finance to transfer unexpended
appropriations from one program to another for balancing appropria-
tions to expenditures for programs.
It was moved by Counc. Roge~s, seconded by Counc. SparKs and passed unan-
imously to authorize the Director of Finance to transfer unexpended appro-
priations from one program to another for year-end accounting purposes.
33. Description of and procedures for repairs and maintenance of side-
walks.
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Accept letter
of credit
Transfer of
funds approved
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Street repair
ordinance and
resolution
removed
Contract to
P1azza Const.
.
, Bid rejected
Contract to
Neu Bros.
Grading and
Paving
Negative Dec.
granted
Contract to
ceshaw Corp
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MINUTES OF TBE JUNE 18, 1979 CITY COUNCIL MEETING
33. (a) First reading of Ordinance No. 937: "An Ordinance of the City
Council of the City of Cupertino Adding a New Chapter 14.28
to the Cupertino Municipal Code, Setting Forth Alternative Pro-
cedures for the Repair and Maintenance of Sidewalks; the Making,
Confirming and Collecting of Assessments to Pay the Costs Thereof;
the Method of Permitting and Performing Said Work, and the Ad-
vancement of the Costs Thereof from the Special Asses.ment Re-
volving Fund."
\b) Rno1ution No. 5031: "Resolution describing the Procedure Where-
by Repairs to Sidewalks may be Undertaken and' Financed Pursuant
to Chapter 14.28 of the Cupertino Municipal Code."
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unan-
imously to remove Ordinance No. 937 and Resolution No. 5031 setting forth
the policy of having the property owner repair sidewalks. This policy will
be re-examined in one year.
34. Report on bid opening for McClellan Ranch Park Parking Lot, Project
79-24, and award of contract.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to award the contract to Piaz:a Construction Company for their low
bid of $39,419 with a $2,001 contingency fund.
35. Report on bid opening for Stevens Creek Boulevard at the Railroad
Crossing, Project 79-12, granting of Negative Declaration and award of
con tract.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to reject the bid for Stevens Creek Boulevard at the Railroad
Crossing, Project 79-12, and authorize that the proj~ct be readvertised
in fiscal year 1979-80.
36. R~port on bid opening for Senior Center Site Improvement, Project
79-22, (Landscaping and Parking Lo~) and award of contract.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to awacd the contract to Neu Bros. Grading and Paving based on their
low bid of $102,662.80. The remaining amount in the Senior Citizen Center
budget is to be retained for contingencies for the entice project.
37. Report on bid opening for No. De Anza Hedian and Landscaping, Project
79-14, grancing of Negative Declaration and award of contract.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to grant a Negative Declaration for the project.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to award the contract to Co11ishaw Corporation for their low bid
of $172,380 with $15,620 being retained for contingencies.
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MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING
WRITTEN COMMUNICATIONS
38. Communication from The Cupertino Historical Society, Inc. regarding
a CJ.ty museum.
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CC-464
Pase 9
Council received for filing a communication fro. The Cupertino Historical Communication
Society regarding a City museum. filed
39. Petition submitted by the Cupertino Council of PIA regarding pre-
vention of substance abuse and regulation of display and øa1e to
minors of drug use information and paraphernalia.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una
imously to direct staff to get a copy of the Los Altos and Mt. View
ordinances regarding prevention of substance abuse and regulation of
display and sale to minors of drug use information and paraphernalia.
These will be submitted to Council at their meeting of July 2 for their
review.
ORDINANCES
40. Second reading of OrdinaD~e No. 932: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi-
mately 0.6 Gross Acres ~rom CG to P Zone; Located on the Northwest
Corner of Stevens Creek Boulevard and Vista Drive."
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 932 by title only and the Mayor's
reading to constitu.e the second reading.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to ,enact Ordinance NO..932.
41. Second reading of Ordinance No. 933: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning 23±
Acres from CG and R2-h to P Zone; Located Westerly of Freeway
Route 85, Southerly of University Avenue, Easterly of Peninsula
Avenue and Northerly of Stevens Creek I'oulevard."
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan
imously to read Ordinance No. 933 by titlp only and the Mayor's reading
to constitute the second reading.
Substance
abuse ordinancE
to be obtained
Second reading
of Ord. ;10. 93;
rd, No. 932
enacted
Second rea11ng
of Ord. :133
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan Ord. No. ?ô3
imously to enact Ordinance No. 933. enacted
42. Urgency Ordinance No. 938: "An Ordinance of the City of Cupertino
Amending Sections '~.16.030 and 11.16.040 of the Cupertino Municipal
Code Relating to oesignation of Through Streets or Higl~ays and De-
claring the Urgency Thereof."
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~64
..,10
Reading 'Of Ord
No. 938
Ord. No. 938
enacted
Reading of Ord
!lo. 939
Grd. 110. 939
enacted
Orã. No. 940
ewcd
Use of Trianon
by residents
Summons from
Southern
Pacific RR
.
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MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Counc. Rogcrs and passed
unan:lJaous1y to read Ordinance No. 938 by title only.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to enact Urgency Ordinance No. 938.
43. Urgency Ordinance No. 939: "An Ordinance of tha City of Cupertino
Amending Section 11.12.030 of the Cupertino Municipal Code Relsting
to the tstablishment of Prima Facie Speed Limits, and Decløring the
Urgency Thereof."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 939 by title only.
It was moved by Coun~. Rogers, seconded by Counc. Jackson and passed
unanimously to enact Urgency Ordinance No. 939.
Urgency Ordinance No. 940:
Amending Ordinance No. 934
Cable, Inc. as the Grantee
Thereof."
Cupertino
for Gill
Urgency
"An Ordinance of the City of
to Substitute Gill Indu&tries
Thereunder, and Declaring the
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to enact Urgency Ordinance No. 940 as read by the City Attorney.
By consansus, Council directed Councilwoman Barbara Rogers and Director
of Parks and Recreation Merle Butler to confer with the Trianon Advisory
Committee regarding the fee structure for use of the Trianon Building
as pertains to residents of Cupertino.
The City Clerk reported to Council that the City had been mailed and had
received a summons and complaint froIrSouthern Pacific and other railroads
filed against the Board of Equalization ~f the State of California and
counties and cities within the State. City Attorney Adams stated that he
h~1 contacted the County Counsel regarding this matter. and the County
will represent the City.
At 11:00 p.m., Mayor 'fevers adjourned the meeting to 7:30 p.m., Ju.'e 19,
1979 for a Joint Planning Commissi0n/City Council meeting in the Con-
ference Room to conduct a public hearing on the General PJan.
/~ a:,06.;~
Si ty lerk