CC 05-17-82
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CITY or CUPERTINO, STATE or CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
KINUTES 07 THE REGULAR MEETING or THE CITY COUNCIL
HELD OR KAY 17, 1982 IN TIlE COUNCIL C1WÐIER, CITY HALL
CUPERTINO, CALH'ORNIA
Mayor Sparks called the ..eting to c.d~~ at 6:53 p.m. in the Council
Cha.ber, City Hall.
SALUTE TO 1'HE FLAG
ROLL CALL
Counc. Present:
Gatto, Johnson, Plungy, Rogers, Mayor Sparks
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Dowling (lef
at 7:40 p.m., returned at 9:50 p.m.)
Assistant Planning Director Cowan
City Attorney Kiliæn
Assistant to the City Manager Brown (7:30 p...
STAPF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
Update on Fire at the State Medfly Yard off Stevens Creek Boulevard -
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to authorize staff to bill the State of California for
charges including police costs incurred as a result of the fire on
the Highway 85 right of way being used by the medfly project.
Mr. Dick Jackson, linited States Dapartment of Agriculture and Deputy
Director of the Medfly Project, stated that the fuel ",as being moved
to the San Jose Airport.
Assistant Chief Dick Thaxton, Central rire Protection District, stated
that the rire Depart.eot has rec.-nded a separation between pesti-
ciclea and fl.-ble U.quicls and the Medfly project had cOllplied with
that requeat. The storage was within the Uniform rire Code.
Mr. Bob Childs, lOl52 Barbara, had three questions:
fuel not stored at the airport in the first place?
insulating shutoff valve not noticed during a fire
Sh~uldn't there be a report on the traffic jam?
1. Why was t~le
2" "..Ihy was th,>
inspection? 3.
CC-572
Psge 1
Billing of
State for
costs from
fire
·7~
Storage of
chemicals on
Highway 85
right of way
.
3-l'-82 con-
tinued
Dates of
School Board
mee t logs
Storage of
hazardous
materials
,
MINUTES OF THE KAY 17, 1982 CITY COOIICIL MEETING
Hr. Jackson stated that the fuel had been stored on tha 85 right of wsy
because of cost. It was cheaper thaa if it were at the airport.
In regard to the plastic valve on tbe truck, the fire department
report was not yet available. It vas also mentioned that the State
Fire Marshal was investigating the fire.
Dorothy Beck, l0245 _ire Avenue, requested that that particular
property no longer be used as a storase area. She also inquired
as to an evacuation plan and requested that the City object strenu-
ously to the State.
Carolyn Larrias asked if it were true that the fire department did not
know that the malathion tanks were .....ty. She stated that De Anza
College and school children could have been caught in malathion.
It was moved by Co~~c. Plun~, seconded by Counc. Johnson and passed
unanimously to auth~rize the Mayor to write to Gov. Brown, Caltrans,
local legislators, President Reagan and appropriate federal depart-
ments protesting the storage of chemicals in the 8~ corridor 3nd
requesting further storage be prohibited; a~¿ .0 request that Caltrans
provide fire department with information regarding chemicals stored
and any new ones brought onto the site.
Update of Parking in the Vicinity of De ADza College - By conøenSUil,
Council requested that the City Manager present a map or list of
streets near De Anza College that have been targeted for permit parking
at the meeting of June 7, 1982.
PLANNING APPLICATIONS
27. Application 3-U-82 of Michael & Valerie HcElr~y: Use Permit
to sell beer and wine in an existing service station and Environ-
mental Review: The Planning Commission recol~nds the granting
of a Negative Declaration. The subject property is located
on the southeast corner of Stevens :;'reek Boull'vard and Foothill
boulevard in a P (Planned Development with Genl't..l Commercial
intent) zoning district. Recommended for denial.
Mayor Sparks announl'ed that this item was c..:wotinued tc the meeting
of June -:, 1982 at the request of the applicants.
By consensus, Council requested that staff send a letter to the School
District i~.~orming them of the dates of regularly schedlJled CounclI
meetings to try to avoid conflicting meetin~ dates.
By consensus, Counc 11 requested for the June 7, 1982 meet ing an update
regarding activity concerning hazardous material storage and ~1intenance
as well as copies of any ~raft ordinances prepared.
ORAL COMMUNI~ATlONS
20. Proclamation declaring the week bcginning June 3, 1982 as ~ational
Safe Boating Week in Cupertino.
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·
·
·
MINUTES OF THE KÞ.Y 17, 1982 CITY COUNCIL MEETING
Representatives of the United States Coast Guard A~xiliary were pre-
sented with the proclamation.
3TAFl REPORTS (continued)
2. Pr£sentat1v~ by Becky ~orgall, Supervisor, County of Santa Clara.
Becky Horgan, Superviaor, addressed Council regarding the County
budget, Riahvay 85 and the proposed Saratoga subatation for the Sheriff
Department. She informed Council that the County may have to cut 40%
of the discretionary budget.
3. Report on status of Rainbow and De Anza Boulevard intersection.
Council received the report.
C<lfSEN1' CALENDAR
Counc. Plungy rellOved Item 16.
It was moved by Counc. Johnson, seconded by C~unc. Rogers an~ passed
unanimously to approve the balance of the Consent Calendar.
9. Resolution JIIo. 585E.: "A ll.esolution of ti..! City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from t~ Funds as Hereinafter Described for General
and Miscellaneous Expenditure for t~e Period Ending April 23, 1982.'
10. Resolution Ro. 5864: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and De....nds Payable in the
Amounts . from the Funds as Hereianfter Described for Salaries
and Wag" r the Payroll Period Ending Kay 4, 1982."
ll. Resolution No. 5863: "A Resolution of the City Council of the
City d ::upertino Allowing Certain Claims and Demands Pa¡,able
in the Amounts and from the Funds as Hereinafter Described for
Ceneral and Miscellaneous Expenditures for the Period Ending April
20, 1982."
12. Resolution No. 5865: "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 fOI General
and Miscellar:eous Expenditures for the Period Ending May 7, 1982."
13. Resolution No. 5866: "A Resolutic . ~f the City Council of the City
of Cupertino Author1ztn~ Execution of Agreement between the City
and Vallco Park Providing for the Maintenance of ~ountai"s on Wolfe
Road between Vallco Parkway and State Rout« 280."
14. Resolution No, 5867: "A Re&ulution of the City Council of the City
of Cupertino Accepting a Grant of Easemer.t fo- Roadway Purposes
from SaBta Paula Place, a Limited Partnership, Nancy Binneweg,
Santa Paula Avenue."
CC-572
Page 3
Presentation
by Supervisor
Horgan
Consent Calen-
dar approved
·7~
W.r of
V nee fee
.
MINUTES OF THE KAY 17. 1982 C)TY COUNCIL MEETING
15. Resoltuion Mo. 5868: "A Reso'udon of the City Council of tha
City of Cupertino Authorizing Execution of Agreement with Mid-
peninsula Regional Open Space Distrct for Temporary Use of Picchetti
Property for ~ecreation Program."
l6. Rfomoved.
17. Minutes of the adjourned regular meeting of April 27, 1982.
l8. Minutes of the regular meeting of May 3, 1982. (CC-570)
19. Minutes of the adjourne~ regular meeting of Kay 10, 1982.
(CC-568)
(CC-571)
!!!!!.
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Plungy, Rogers, Sparks
None
None
None
ORAL CIIIKUIIICATIONS (continued)
2l. Mr. Roger Hecht regarding setback regulations.
Hr. Roger Hecht, 858 East Estates Drive, stated that even though
1-" is now a resident of Cupertino, the area is still under He
San Jose zoning ordinances. He has applied for a permit tr put a metal
cover around his deck, and he cannot comply with the San Jose require-
ments. However, he can me~t Cupertino's requirements for setbacks.
It was moved bv Counc. Gatto, seconded by GOUDe. Plungy and passed
unanimously to waive the variance fee fo~ Mr. Hecht's application
and to take this as an individual case.
22. Members of the audience regarding non-agenda items.
Alf Modine, 10385 Prune Tree Lane, stated his objection to the showing
of the film, ''The Last Epidemic" scheduled for Thursday night.
PUBLIC HEARINGS
23. Application 3-GPA-81 of City or Cupertino: General Plan Amend-
ment to consider deleting a planned neighborhood park for the
Seven Springs Ranch and adjoining neighborhood (Stelling Road
between Bubb Road and Rainbow Drive) and to consider the need
for public access to the Fremont Older Open Space Preserve.
In addition to the issue of a park on Seven Springs Ranch,
the General Plan Amendment will evaluate park needs for the
southwest quadrant of the City with special emphasis on
the neighborhoods served by the Jol, lyman Regnart and Hoover
(school sites). Environmental P.·view: The Planning Commission
recommends the g~anting of a Negattve. Declaration. Recomrnende¿
for 3pprova 1.
·
MINUTES OF THE MAY 17. 1982 CITY COUNCIL MEETING
23. (a) Resolution No. 5859: "A Resolution of the City Council of
the City of Cupertino Amending the Environmental Reso~rces
Element of the Comprehensive General Plan."
24. Application 25-Z-80 of Interland Development Company (Seven Spring
Ranch): Prezoning approximately 148 acres from Santa Clara County
Exclusive Agricultural ("A") zoning district to City of C~pertino
P (Planned Development with residencial intent) zone and Environ-
mental Review: A Draft Environmental Impact Report has been pre-
pared. The proposed Planned Development prezontng would permit
approximately 419 dwelling units consisting of a mix of detached
and attached single-family dwellings. The property is generally
bounded by Rainbow Drive to the north, Stelling Road to the east,
Prospect Road to the south, and by the Fremont Older Open Space
Preseve and Upland Way to the west, Recommended for approval.
·
(a) First reading of Ordinance No. ll74: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. ~ by
Pre zoning Approximately 148 Acres from Santa Clard County
Exclusive Agricultural Zoning District to City of Cupertino
P Zone; the Proposed Zoning Would Permit Approximately 419
Dwelling Units Consisting of a Mix of Detached and At~ached
Single-Family Dwellings; t~e Property is Generally Bound2d
by Rainbow Drive t~ the N~!th, Stelling Road to the East.,
Prospect Road to the South, and by the Fremont Older Open
Space Preserve and Upland Way to the West."
25. To Consider the Certification Ji an Environmental Impact Report
(ELR) for Application 25-Z-6~ (Interland Development Company:
Seven Springs Ranch). The certification of the EIR can be granted
if the City Council determines th&t said EIR has ~een compl~ted
in compliance with the California Environmental Quality Act and
State EIR Guidelines and that the City Council has reviewed and
considered the information cont3ined in the Environmental Impact
Repoct. Said project is generally bounded by Rainbow Drive to
the north, Stelling Road to the ea3t, Prospect Road to the south,
and by the Fremont Older ape" Space Preserve and Upland Way to the
west. Recommended for a~proval.
(a) Resol'Jtion No. 5870: "A Resoltuion of the City (;ouncil of th
City of Cupertino Certifying Review and Consideratio~ of the
Envi~onmental Impact Report: Interland Development Company,
'Seven Spring Ranch Development t. H
Director of Planning and Development Sisk reviewed the applicat:,ns
and gave an ovprview of the Planning Commission's recommendations.
·
Director of Public Works Viskovich informe~ Council that Condition No.
17 of the Planning Commission Resolution lays the format for future
discussions. He showed a transpar~noy giving levels of service for
traffic at various intersections in the City.
CC-572
Page 5
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I
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MINUTES OF THE MAY l7, 1982 CITY COUNCIL MEETING
Jim Jackson, attorney for Interland Development, showed a drawing
of the proposed project and stated that he felt the development was
desirable for the community.
Hr. Stan Koslowski, Stelling Road, referred to the chart showing
le-,els of servic" and stated that the intersection of Prospe.:t and
Stelling actually· presented an E and F level in terms of quality
of life. He stated there was a problem with speedi3g traffic.
(The City Mansger was requested to contact the Sheriff regarding patrol
in the area to check for speeders.)
Mr. Byron Larson, traffic consul tar. , George Nolte & Associates,
informed Council th&t the level of service is based on delays at
signalized intersections.
Mr. Wes Phillips, 20739 Scofield Drive, addressed Council regarding
com?letion of Highway 85 and the unsynchronized signals.
.
Mr. Paul Sonnenblick, 11525 Upland Way, Pres~d2nt, West Cupertino
Homeowners Association, stated the opinion that the Planning Commission
had ducked the issues involved in Seven Springs. He also expressed
unhappiness r.'garding No. l3 of the Council Actions regarding the
General Plan. He felt there was a communication problem between
Council, staff and the community. He also felt that Council was
not responsive to the people and requested that they listen to the
citizens. He presented a handout and transparencies regarding the
Seven Springs layout and traffic circulation. In regard to Condition
No. 17 of Planning Commission Resolution No. 2303, he felt that there
was an inadequate data base for making a decision. He recommended
the elimination of the Upland Way access to the Open Space Preserve.
Mr. Sonnenhlick stated that although the Council had gone on record
in support of 6ighway 85 he felt that no action had been taken in
that direction.
Mr. Alf Hodine, 10385 Prune Tree Lane, spoke to Council regarding
the CHZH Hill report.
RECESS: 10:00-10:12 p.m.
Ann Anger, 10185 Empire Avenue, stated that the people were .rong,
rh"t she had been working with the City of Cupertino towards completion
of Highway 85 for ?lmcsr II years.
.
Bob Childs, 10152 Barbara, spoke regarding the EIR resolution.
He felt the traffic portion was unacceptable and that no adequate
mitigation measures had been addressed. He als0 expressed conce~n
regarding the state restrictions for the number of General Plan
Amendments allowed each year. He asked if the City were within
the restric~ions. Mr. Childs further stated that with the ele~rion
~o close, the consideration of this rezoning was inappropriate at
this tJme.
.
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MINUTES OF THE KAY 17, 1982 CITY CO;JN(;IL IŒETING
Irene Jouch, 10760 Stelling, addressed Council regarding the propospd
possible closing of Stelling. She stated that the reports by both Nolt
and CH2K Hill say keep Stelling open. She also stated she felt there
was no logical reason to extend Bollinger.
Ed Jouch, l0760 Stelling Road, stated that he had taken traffic counts
near the Roundtree Townhouse c08plex (this consists of 132 townhouses),
and there were variations on different days. He felt that opening Bol-
linger Road would not help traffic on McClellan west of Stelling.
(Counc. Gatto requested that Mr. Jouch submit the traffic counts to
the staff.)
Mr. Ted Swanson, Cupertino, stated that there were difficulties regard-
ing semantics and they were important. However, not all of the dis-
agreements resulted because of semantics.
Mr. Bob Childs expressed concern that the General Plan Amendment being
considered was in conflict with state law. City Attorney Kilian in-
formed Mr. Childs that in accordance with Govt. Code Section 6536l,
amendments to s mandatory element could be considered no more than
three times per calendar year. The Open Space Amendment being con-
sidered was not the third amendment of that element this year.
Counc. Gatto requested a drawing similar to Figure 11 of the ElK for
the entire City. He felt a basic philosphy needed to be developed
regarding what streets were neighborhood collectors and which were majo
arterials. He further stated that he felt Bollinger should not go
through until some mitigating measures are taken such as building of
some type of roadway in the Highway 85 right of way. He stated the nee
for a traffic diagram showing i' ..asures were tak~n in one area how
would this affect traffic in other ~.eas. He also stated a feeling
that the ElK was inadequate (particularly traffic).
Counc. Johnson inquired regarding an additional EIR and was informed
by the City Attorney that it would require going through the entire
process of hearings, etc.
Counc. Plungy also stateè he felt the EIR was inadequate in addressing
the total picture.
Mr. Jackson, attorney, stated that Interland was also concerned regard!n
. -affic but tried to avoid mingling the project with the total traffic
problem. He stated that the Planning Commission conditions would allow
the project to go forward at this time, but no houses would be con-
structed without the creation and implementation of the General Plan.
Discussion followed regarding the Williamson Act and annexation time
frame .
Bill Lewis, 7573 Bollinger Road, agreed with Counc. Gatto that the
zoning approval is premature at this time. He also asked if the Genera
Plan Circulation Element would address traffic throughout the City.
He was informed that it would. The Land Use Element WOJld only address
CC-572
Page 7
a72
Pl(e 8
.ng con-
~luued
Closure of
Byrne Avenue
.
MINUTES OF 1'HE HAY 17, 1982 CITY COIJNCIL MEETING
the Core Area, Seven Springs Ranch and the Mariani property. He.
Lewis stated that he did believe as long as the property owner
applied for cancellatioo of the llillia1l8OD Act contract during tha
window period it would be addressed under the Robinson Act.
Mr. To. Cate info~ Council that he did realize that the proparty
owner does have the risbt to develop her property. However, ha v..
not sure that this vas the best location for this particular dov.lop-
ment. He stated that a building œoratoriUII may be the an_r. He
suggested that the application be held until the City's obligation
regarding road syst... can be determined.
Counc. Johnson stated he felt there wer~ three option~ io be considered:
1. A moratorium. 2. Look at the entire project, do not accept
the ElK, request more traffic information. 3. Follow the Planning
CDmDission Resolution, Condition No. l7. He expressed a need for
more time to consider the input.
He. Koslowski stated that what had gone on at the Planning COlllllltssion
had not gone smoothly and the Commisson did not really give clean
approval of the EIR but had expressed some concern regarding the
traffic element.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to continue tho! public hearing to May 25, Tuesday, at
7:00 p...
26. Consideration of t.-porary facility to close Syrne Avenue as
o~posed to a per.auent one.
He. Dave McLeroy, 21920 Rermosa Avenue, asked if Council were planning
to just close Byrne Avenue or would they make other traffic changes
in the area as well. It was his understanding that the closure of
Byrne would go in sequence with other changes. He suggested that
Orange be one way north and Byrne be one way south.
Director of Public Works Viskovich stated that a temporary barricade
and cable would cost about $200, and the City would keep the barricades.
The temporary closure would give people an opportunity to respond
prior to establishing a permanent closure.
Mr. Terry Hertel, lOOl5 Byrne Avenue, spoke in favor of the closure
of Byrne Avenue. He stated that he had witnessed cars lose cootrol,
apparently because of turning at such high speeds.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to approve the immediate closure of Byrne Avenue by
installing a temporary barrier. Council also directei staff to
proceed with the permanent closure process, but to submit the informa-
tion to Council and notify interested parties prior to going out for
bid.
·
MINUTES OF 1'HE MAY 17, 1982 CITY COUNCIL MEETING
ARCHITECTURAL AND SITE APPROVAL CO~ITTEE APPUCATIONS
28. None
ITEMS REMOVED PROM CClfSENT CALENDAR
l6. Application BC-5l,015.8l8 - Fotomat Corporation requesting site,
architectural, landscaping and signing approval for a 32 sq. ft.
kiosk to be used for a photo walk-up service. The proposed loca-
tion is in the parking lot of the Crossroada Center, southeast
of the intersection of Stevens Creek Boulvard and Bandley Drive.
Recommended for apprcval.
Director of Planning aud Development Si~k reviewed the application with
Council and presented them with pictures and a model of the proposed
kiosk.
Mr. Cecil Greene, applicant, was available to answer questions from
Council.
Discussion followed regarding integration of the kiosk with the shoppin
center and the planned location.
·
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to approve the application as submitted.
UNFINISHED BUSINESS
30. None
NEW BUSINESS
3l. Approval of joint eAercise of powers agreement, No. Santa Clara
County Solid Waste Management Authority.
(a) Resolution No. 5871: "A Resolution of the City of Cupertino
Authorizing Execution of Joint Exercise of Powers Agreement,
No. Santa Clara County Solid Waste Management Authority."
It was moved by Counc. Johnson, seconded by Counc. Gatto and passed
unanimously to remove this item from the agenda to be rescheduled
pending the agency's po~icy board approval.
32. Report on bid opening for Line Marking Machine, DPW 82-2, and
award of contract.
·
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to reject the bid for the new line ~r~ing machine, DPW
82-2, authorize readvertising to obtain additional bidders and authoriz
increasing the capacity of the compressor to 60 cfm.
CC-572
Page 9
PC-5l,OlS.818
approved
Solid Waste
Management JPA
to be resched-
uled
Bid foy line
marking machine
rejected
.72
10
Nuisance com-
plaint on Santa
Lucia Road
Gardenside
Lane condemna-
tion
Museum facility
.
Left turn
from Highway 9
to Wild Flower
Second reading
of Ord. 117l
.
Ord. 117J
enacted
KlNUTES OF THE HAY 17, 1982 CITY COUNCIL MEETING
33. Consideration of setting a date for a public hearing in the
matter of nuisance complaint at l0707 Santa Lucia Road (Clayton
Fiedler).
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to set public hearing for nuisance complaint at 10707
Santa Lucia Road for the meeting of June 2l, 1982, The Clerk's
office will include the same backup material. Interested parties
will be notified.
34. Request for temporary appropriation for Gardenside Lane condemns-
tion action.
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously t" appropriate $10.300 from the General Fund in the 1I8tter
of the Gardenside Lane condemnation. Interest will be charged the
developer at a rate of 12-3/4% for the interim financing period.
35. Parks and Recreation Commission recommendation regarùiog Cupertino
Historical Society' s request for Cali House.
It was moved by Counc. Rogers, second~d by Counc. Plungy and passed
unanimously to direct staff to work with the Cupertino Historical
Society to research and prepare alternatives for a museum facility.
This will be presented to Council after Commission review.
WRITTEN CœlKUNICATIONS
36. Letter from Thomas and Kilty Fahey regarding speeding and littering
in vicinity of Wild rlower and Poppy.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unenimously to approve a public hearing to determine whether or not
a left turn prohibition should be implemented from Highway 9 to
Wild Flower. The hearing will be conducted June ], 1982.
(City Clerk's Note: Mayor Sparks left Council Chamber.)
ORDINANCES
37. Second reading of Ordinance No. 1l71: '~n Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Prezoning Approximately .5 Gross Acre from Santa Clara County
RI-8 Zone to City of Cupertino RI-7.5 Zone; Located on the
North Side of Dolores Avenue A-oroximately 200 Ft. West of
Orange Avenue. ,I
It was moved by Counc. Plungy~ seconded by Counc. Johnson and passed
with Counc. Sparks absent to read Ordinance No. ll71 by title only
and the City Clerk's reading to constitute the second reading.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Sparks absent to enact Ordina~ce No. 1171.
.
.
.
MINUTES or THE KAY 17, 1982 CITY COUNCn. KElITING
38. Second reading of Ordinance No. 1172: "An Ordinance of the City
of Cupertino Amending Section 11.24.150 and ll.24.l60 of the
Cupertino Municipal Code, Relating t~ Stopping, Standing or
Parking During Certain Hours on Mary Avenue and Providing for Sign
Notifying the Public There~f."
It was moved by Counc. Plungy, seconded by Counc. Johnson and paased
with Counc. Sparks absent to read Ordinance No. l172 by title only and
the City Clerk's reading to constitute the s~cond reading.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Sparks absent to enact Ordinance No. l172.
39. Second reading of Ordinance No. ll73: "An Ordinance of the City
of Cupertino Rescinding Ordinance No. 107l, and Amending Section
ll.08.290 of the Cupertino Municipal Coùe; Bicycle Lane Designati
to Include Bollinger Road."
It was pointed out that the ordinance did not contain the exact locat-
tions of the bike lane, and this error will be correc ted.
It was moved by Counc. Plungy, 2econded by Counc. Johnson and passed
with Counc. Sparks absent to read Ordinance No. l173 by title ~nly and
the City Clerk's reading to constitute the second reading.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Sparks ausent to enact Ordinance No. ll73
40. First reading of Ordinance No. ll75: "An Ordinance of the City
of Cupertino }mending Title l5 of the Municipal Code by Adding
Th~reto Section l5.30 Entitled 'Cross-Connections and Backflow
Protectio!:' . If
The City Attorney requested this item be continued to allow him the
opportunity to review the proposed ordinance.
It was mo~ed by Counc. Plungy, seconded by Counc. Johnson and passed
wi~h Counc. Sparks absent to continue consideration of this ordinance.
41. Urgency Ordinance No. 1176: "An Ordinance of the City of Cuper-
tino Extpnding Time of Cupertino Municipal Code Chapter IO.2ñ
Pertaining to Regulation of Police Alarm Systems and Devices and
Declaring the Urgency Thereof."
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Sparks absent to enact Urgency Ordinance No. 1l76.
CC-572
Page 11
Se· ood read ing
of Ord. 1172
Ord. No. 1172
enacted
Locations of
bike lane
Second read ing
of Ord. 11 7 3
Ord. No. 1173
enacted
Ord. No. 1175
continued
Urgency Ord.
1176 enacted
.72
12
Res. No. 5869
adopted
Sister City
program with
Ivrea, Italy
Legislative
Review Com.
actions
.
.
".......l.;::'..
MINUTES or TRJ!: KAY 17, d82 cm COUWCIL KEE'lING
RESOLUTIONS
42. Resolution No. 5869: "A ~e80lution ~f the City Council of the
City of Cupertino Authorizinl Execution of Alr~f betvsen
the City of Cupertino and the City of S~~ale Relating to the
Installati~n of Traffic Signal 51stea and R1&hvaJ Safety L1øhting
at the Intereðection of ROMstud Road and Maxine Drive...
It was moved by Counc. Plungy, øecOllded by Counc. Rosers ant! passed
with Counc. Sparks absent to adopt Resolution No. 5869.
(City Clerk's Note: Mayor Sparks returned to Council Cha~er.)
By consensus, Council authorized Councilmember Plungy to prepare two
letters to Ivrea, Italy, expressing interest in entering into a sister
city relationship.
Legislative Review Committee - It was moved by Counc. Johnson, seconded
by Counc. Plungy an~ passed unanimously to take the following actions
regarding pending legisl~tion:
Cppose
SB 53 (Montoya), Special Bill for One Developer to Move Property frea
One City to Another.
SB l534 (Hello), Second Units on Single-Family I.ots.
SB l737 (Campbell), Governmental Liability for Pipeline Accidents
Expanded.
SB l785 (Foran), Legislation to Limit Parkland Dedications.
AS 3685 (Young), Unilateral deregulation of r2tes, Cable TV.
AS 2577 (Vicencia), Off-Track Wagering.
AB ll97 (Floyd), Vehirles: Weight Limits for Refuse Trucks,
Support
AS 3436 (McAlister), License Contractors.
SB 2001 (Mello), Benefit Assessments for Police, Fire Facilities
and Services.
Requo,st amendment to AB 2267 (Wray), Municipal Elections, to allow
term, to be extended by more than ten months if approved by a vote
;of the people.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
with Counc. Rogers dissenting to oppose AB 2480 regarding concealed
-tieapons permits.
.
MDWrES OF 1'HE KAY 17, 1982 CITY COUNCIL IŒETING
Counc. Rogers expressed con~ern regarding lack of LeC position regardin
Propositions 9, 10 and 11.
It vas ~ed by Counc. Rogers and seconded by Counc. John~on to inquire
froa the League why they have not taken a position and request opposi-
tion to the.. propositions. This motion was passed with CouncU....rs
Gatto and Plungy dissenting. Upon review of the motion, Counc, Rogers
requested it be awended to merely inquire as to why the Leagu~ had not
stated a position regarding these propositions. This motion v.. sec-
onded by Counc. Johnson and adopted unanimously.
At 12:30 a..., Council adjourned to the Conference Room for a cl~sed
sesaion regarding personnel matters.
At 12:37 a.lI.. Council reconvened in Council Chamber. The entire
Council ~as present as well as City Manager Quinlan, City Clerk
Corn~lius and City Attorney Kilia~.
It vas ~ved by Counc. Gatto, seconded by Counc. Rogers and passed
unan1~sly to authorize øtaff to proceed regarding employee salaries
(labor negotiations) as statad by Mayor.
.
It was moved by Counc. Gatto, seconded by Counc. Rogers and passeå
unanimously to adjourn to 7:00 p.II., Tuesday, Kay 25, 1982.
At 12:40 a.m., the meeting was adjourned.
L-¥
City Clerk
!Z ð',
"1 .'-( üc£)
.
CC-572
Page l3
League position
re Props. 9,
10 and II
Labor negoti-
ations
Clop'!d session