CC 01-17-83
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CITY OF CUPERTINO, STATE or CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
KImES or THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JANUARY 17, 1983 IN THE COUNCIL C1WIBER, CITY BALL
CUPERTINO, CALIFORNIA
Mayor Gatto called the meeting to order in Council Chamber at
6:45 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present: Acting City Manager Viskovich
City Clerk Cornelius
Director of Planning and Development Sisk
Director of rinance Snyder (left at 7:25 p...)
Director of Parks and Recreation Dowling
City Attorney Kilian (8:35 p.m.)
Assistant City Engineer Whitten (left at 7:05 p.m.)
CC-598
Pale 1
Mayor Gatto welcomed visitors from our Sister City, Toyokawa, Japan. Toyokawa
Counc. Plungy presented the viaitors with gifts. The Mayor of Toyokawa visitors
thankec:' ~be City for its hospitality and invited ten junior high
school btudents along with two or three chaperones to visit the City
of Toyokawa. Other than air fare to Japan, Toyokawa will take care
of expenses incurred.
STAFF REPORTS
I. Oral reports by staff members and submission of written reports.
The City Manager's Report was continued until the arrival of the
City Attorney.
It was announced that publie hearings will be conducted February 7,
1983 to consider a garbage rate increase and a water rate increase.
(City Clerk's Note: Assistant City Engineer Whitten left at
7:0S p.m.)
CONSENT CALENDAR
Counc. Rogers removed Item No. 13. It was moved by Counc. Johnson,
seconded by Counc. Rogers and passed unanimously to approve the bal-
ance of the Consent Calendar.
Garbage rate
and water rate
increases
Consent Calen-
dar approved
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MlIlUTES OF THE JANDARY 17, 1983 CITY COUNCIL MEETING
7. Resolution No. 6015: "A Resolution of the City ColIIICll of tlw Cicy
of Cupertino Allowing Certai~ Claims and Demandø 'ayable in to.
Amounts and from the Funds as Hereinafter Described for Salart.a
and W'Iges for the Payroll Period Endins December 28, 1982."
8. Resolution No. 6016: "A Resolution of the City CouIIcil of the
City of Cupertino Allowing Certain Claims and Dellanda ,.,able
in the Amounts am! from the Funds as Hereinafter Deacribed for
General and Miscellaneous Expenditures for the Period Ending
December 23, 1'182."
9. Resolution No. 6017: "A Resolution of the ~ity Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amounts and from the Funds as Hereinafter Described tor General
and Miscellaneous Expenditures for the Period Ending January 7,
1983."
10. Resolution No. 6018: "A Resolution of the City Council of the
City of Cup~rtino Approving Improvement Agreement of 'roperty Located
on Stevens Creek Boulevard East of Byrne Avenue. Developer, rerry
8rown, Authorizing Execution of Improvement Agreement."
II. Resolution No. 6019: "A Resolution of the City Council of the City
of Cupercino Approving the Final Map and Improvement Plan') of Tract
No. 73Z5 Located on the North Side of Stevens Creek Boulevard
between B1>mey Avenu" and Randy Lane. Developer, Abbass Golpour,
Parvin Golrour, Ali Yazdanmanesh, and Sakineh Yazdanmanesb, Ac~epting
Certain Easements, Authorizing Signing of Final Map and Improve-
ment fl~ns. Authorizing the Execution of Agreement ir. Conneetion
Therewith."
lZ. Resolution No. 60Z0: "A Resolution of the City Council of the City
of Cupertino Approving Parcel Map of Property Lo~ated on Carmen
Road at Hoo 800 Court. Developer, Gerry Federspiel, James and
Ursula Kaschmitter. Authorizing Execution of Improvement Agree-
ment, Author!zing Signing of Parcel Map."
13. Remo"ed.
14. Application HC-Sl.SO'1..2 - Wayne Sargent - Requesting architectural
and site approval to construct a single-family residential house
in a planned development zoning district. The subject property is
located on the north side of Orogrande Place, approximately 4'1.S ft.
west of Stelling Road. Recommended for approval.
lS. Resolution No. 6023: "A Resolution of the City Council of the City
of Cupertino Setting Time and Place for Public Hearing to Conside~
a Raise in Water Rates."
16. Resolution No. 6024: "A Resolution of the City Council of tÞe
City of Cupertino Approving Parcel Map and Imprevement Plans of
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MINlJTES or THE JANDARY 17, 1983 CITY COUNCIL MEETING
16. (contintw,d)
Property Located At Lomita and I.o,perlal Avenue; nev"loper. Antonio
and Jessica Reyes;Autho~1zin¡ Execution of IIIprov..-nc Agree.nt;
Authorizing Signing of Parcel Map and IlIIroWMllt Plans."
17. Acceptaace of 1IUDicipal iølpr~nt.: Margaret1cb Construction,
Ice. - lOllS Crescent Road. ,
18. Minutes of the regular City Council Meting of January 3, 1983.
(CC-597)
Vote Ke~r& of the City Council
AYES:
NOES:
ABSENT :
ABSTAIN:
Johnson, Plungy, Rogers, Sparks, Gatto
None
None
None
ITEMS REMOVED FROM CONSENT CALENDAR
13. Resolution No. 6022: "A Resolu,lon of the City Council of ehe
City of Cupertino Superseding Resolutio~ No. 6011 and Initiating
Preliminary Procedures for Reorganization betwe~ Cupertino, San
Jose and the County cf Santa Clara in Accordance with the District
Reorganization Act of 1965."
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to ad~pt Resolution No. 6022.
ORAL COMMUNICATIONS
20. Members of t.~_ audience regarding matters not on the agenda.
Mr. Walter Ward, General Manager, Vallco Fashion Park, requested
clarification of the minutes of tlw C·.)\:I1cil_eting of November 23, 1982
regarding the undevelopeò land of Vallco being removed from constraints
He stated that Vallco would ~ike to start the development of a hotel.
He urged staff to Wúrk with Vallco regarding the removal of constraints
prior to the adoption of the General Plan. He ~dS informed by Mayor
Gatto that this could be done through the use permit process. The
Director of Planning and Development informed Hr. Ward that should he
file an application to amend Vallco's use permit, it could run through
the process concurrently with the General Plan Amendment.
Mr. Ward also addressed Council regarding payments. He sta~~d that
he has approximately $400,000 due from the City from an asses~ment
district which had been closed a year and a "~lf ágO. He was
informed that the audit was not completed. Di~ector of Finance Snyde~
ir.formed Council that he has spoken with Mr. Ward and informed him
thae the process i~ just about complete. Mr. Ward should receive
a check from the City by the end of February. Mr. Snyder sent a letter
to the bonding attorney. He stated that L;e amount is approximately
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CC-598
Page 3
Res. No. 60ZZ
adopted
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Page 4
MINUTES OF THE JANDARY 17, 1983 CITY COtJNCIL MEETING
$358,000. The I!'¡()nies have been invested and the assessment district
is currently earning money.
(City Clerk's Note: Director of rinance S~Jder,left at 7:~5 p.m.)
PUBLIC HEARINGS
21. Appeal of MAC denisl for a aip perait for Micchell Bros. Auto-
motive Distributors. Application BC-5I,582.1.
Direct.or of Planning and Deve~t Sisk reviewed the appeal and the
arplication with the City Council.
Mr. Ken Mitchell, applicant. 1afo~d Council that he is planning to
pay for installation snd desiga of the sign. However, he had told
others in the center that the .... of their business could be added
if they so desired. He stated tbat he is willing to do what ASAC
desires regarding size, colors. etc.
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Council expressed concern regardiag the size of "Auto Parts" being as
large as the center's name. 1Ir. Mitchell infor1iled Council th.'it ASAC
had requested they be the S8IIIe size. He expressed the feelL~ that
the':e is a need for tbe sip in the shopping center and that it is good
for the cOlllDUnity. Also, the ceuter was not named prior to the pIau
for installation of a sign. ~ told Council that two building signs
would come down.
Ann Anger, Manta Vista, stated t~. she felt Mitchell Bros. should not
have the whole sign for themselves. She request~d that Monta Vista
be upgraded and that when applicants request SiSDS, it is a good time
to ask property owners to upgrade the area. She felt that the ten
tenants of the center should diYide the signs. She did not care for the
color or material planned to be used. She felt it looked like a billboard.
Helen Lu, Northern Neon Sign Co. of San Francisco, reviewed the proposed
sign ,:i.il Council and was available to answer any questions.
~aury Nelsen, 21801 Stevens Creek Boulevard, said that he wou!d like
1,0 see the sign more in the the theme of Menta Vista.
Wes Williams, Monta V1sta He_owners Association, felt that the "Auto
Parts" portion was too large for the sign. He aho expressed concern
regarding wind blowing the sign over as well as vandalism to the sign.
de felt that the theme to be used in Monta Vista wculd be with more natural
materials. He also expressed opposition to an 1nternally lighted sign.
He expressed agreement with Mrs. Anger in that the sign does look like
a billboard.
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Helen Lu stated that the size would be approved by a structural engineer.
She informed Councii that the proposed si~n is not plexiglass but a
high impact material.
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MINUTES OF THE JANDARY 17, 1983 CITY COmrCIL MEETING
Ken Kitchell said he W3S not opposed to a smaller aign. He felt a
larger sign is better for retail business. The light would b.. on a
timer. He stated that he is willing to I:Iake the lettedng 81I81ler. He
d cd point out to Council that he was paying for the entire sign. In
respect to the size of '~tchell Bros." Mr. Mitchell stated that he
would reduce the size of those letters as other tenants requested a
sign on the board.
Mrs. Anger expre&sed concern regarding 1IIIprovements. She reiterated
that this is the time to ask for 1IIIprovements. She feels that business
people have an obligation to the c~ity.
I.' was IIIOved by Counc. Johnson, seconded by Counc. Plungy and paolsed
unanimously to close the public hearing.
Discussion followed among Councilmeabers regarding a sign and street
program for Monta Vista as well as the po~sibility of requesting cer-
tain improvements when a sign application is considered.
It was IIOved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to reopen the public hearin~.
It was IIIOved by Counc. SPUD, seconded by Counc. Rogers and passed
unanimously that staff report back on rebruary 7, 1983 regarding a
sign and street ?rogram for MoLta Vista and consideration of this
ap;>eal.
PLANNING APPLICATIONS
22. Application 16-U-82 of Shell Oil Company (Howard Smith): Use
Permit to construct a self-~ervice eashier's kiosk at an existing
service station and Environmental Review, The project is cate-
goricallyexempt, hence, no actioo is required. The subject
property is located on the southwest corner of Homestead Road and
Wolfe Road in a P (Planned Development with commercial intent)
zoning district. Recommended for approval.
Director of Planning and Developmeot Sisk reviewed the application with
Co unc il.
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CC-598
Page 5
Public hearing
closed
Public hearing
reopened
Menta Vista
sign and
street program
It was move~ by Counc. Sparks, seconded by Counc. Johnson and passed l6-û-82
unanimously to approve Applicatiûn l6-U-82 per Plann1ng Commission Res- approved
olution No. 2360.
23. Application 19-U-82 of John Vidovich (Dr. Joseph Brown): Use
Permit to construct a 62,000 sq. ft., three-sto~y office building
and Environmental Review: The Planning Commission recommends the
granting of a Ne~ativ~ Declaration. The scbject property is
located on the west side of De Anza ~oulevard approximately 250
ft. north of Lazan~o Urive and 450 ft south of Ma.iani Avenue in
a P (Planned Develop~nt with commerci~l. light industrial and
residential, 4-10 dwelling units per gross acre intent) zoning
district. Recommended for denial.
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KINUTES OF THE JANUARY 17, 1983 CITY COUNCIL MEETING
Director of Planning and Development Sisk reviewed the application for
Council and pointed out that it is consistent with the North De ADza
plan in regard to access.
Discussion followed regarding the Planning Coaaisaion concerns and reason
for recommendation for denial.
John Vidovi.;h, developer, stated that the project puts together five
parcels and eltLtlnates possible applications from five different owners.
Mr. Vidovich stated that he was not asking for any bonus density. He
said that ASAC did not deny the application but criticized the eleva-
tions. The Planning COlllllission recommended denial based on the archi-
tecture. He stated that it was a difficult site to work with and that
the developer would be willing to have the elevations reviewed by ASAC
again and if approved,proceed. He said that high quality meterials ~
were going to be used, and it would be a pleasing building.
Director of Planning and Development Sisk reviewed the ASAC minutes
with Council.
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Denis Henmi, San Francisco, reviewed renderings with Council and said
that the mechanical screen on the roof was serving as a point of archi-
tectural interest. He also discussed a concern expressed by the
Commission, i.e., the sameness as the other buildings slong De Anza
Boulevard.
(City Clerk's Note: City Attorney Kilian arrived at 8:35 p.m.)
In regard to the "squared off" corner of the building, he felt it ereated
an identity for the building where it is facing the most traffi~. It
serves as an entry point of the site (not the building). Most visitors
would arrive at the building via vehicle, not on foot. He showed slides
of various buildings showing the use of different types of materials
and answered questions from Council.
Sylvia Kwan, partner of the architect, reviewed the setbacks with the
Council.
Discussion followed regarding the piece of property on which the auto
shop is located.
Dora Miller addressed Council
stated that the shop had been
planned to continue leasing.
any real incentive to join i~
regarding the auto shop property. She
leased by the same parties since 1967 and
However, she felt they had not been given
this particular project.
they
It was moved by Counc. Sparks to return the application to ASAC. The
motion died for lack of a second.
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Items discussed by Council were the following:
Council expressed concern regarding the appearance of mass of
building along De Anza Boulevard as proposed on the site.
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MINUTES OF THE JANDARY 17, 1983 CITY COUNCIL MEETING
If.ayor Gatto stated that his main Critic1811 was the clo.e proxi-
IÚty of the majority of the building to De Anza Boulevard.
Council felt that entrances to the property should be identified
more clearly.
The feeling was expressed that the three puking spaces in the
front were not appropriate there.
Council felt that the site plan needed to be revised, but Council
was not concerned regarding the material or overall design.
A suggestion from the Council was that the L building be "flipped"
over (not right against the property line) so that one leg of the
L backs onto the property to the south which is the reMainder of
the fish area of the nursery. That leg should back onto a land-
scaped area rather than a d-rJvearea so, .tbat'81'een space _ld ,be
combined. It was suggested that the architect open the center
of the L so a landscaped area opens onto De Anza Boulevard. It
was felt that another driveway could be acceptable with that
particular configuration.
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The Mayor requested that a drawing of the entire frontage of the
area be presented. It was also suggested that with the redesiDn
of the site plan the arehitect may wish to look at 30me refine-
ments of the proposed building.
It vas moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to return the application to the Planning Commission for
reconsideration of design issues.
24. Application 5-V-82 of Ranee R. Carlson and Jeraldine Mszzurco:
Variance from Section 8.4 of the Rl (Residential Single-family)
Zoning Ordinance to permit a 10 ft. rear yard setback for an
addition to a single-family home where the remaining usable rear
yard area will be less than required by Ordinance and Environ-
mental Review: The project is categorically exempt, hence, no
action is required. The subject property is located on the
west side of Betlin Avenue between John Dn.ve and Clifford Drive
at 849 Betlin Avenue in a RI-6 (Residential Single-family, 6,000
sq. ft. minimum lot size) zoning district. Recommended for
denial.
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(a) Resolution No. 60L1: "A Resolution of the City Council of
the City of Cupertino Granting a Variance to Ranee R.
Carlson and Jeraldine Mazzurco from Section 8.4 of the
Rl (Residential Single-family) Zoning Ordinance to Permit
a 10 Ft. Rear Yard Setback for an Addition to a Single-family
Home Where the Remaining Usaòle Rear Yard Area will be Less
Than Rquired by Ordinance; Located on the West Side of Betlin
Avenue between John ~~ae and Clifford Drive at 849 Betl1n
Avenue in a Rl-6 (Residential Single-family, 6,000 Sq. Ft.
Minimum Lot Size) Zoning District."
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CC-598
Page 7
19-U-82
returned to
Planning Com.
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Ca8
Page 8
l'iinute
Order re
variance
procedure
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Facilities
tee waived
for Kiwanis
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MINUTES OF THE JANDARY 17, 1983 CIrt COUNCIL MEETING
Director of Planning and Dev~lopment Sisk reviewed the request for variance
with the Council and stated that there are alternatives available to
the applicant that are consistent with the City's ordinance.
Ranee Carlson, applicant, submitted a picture of a screen room and told
the Council that it would be located off the kitchen.
Discussion fo110WP.d regarding the findings and subconclusions nece.sary
to grant a variancp..
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to send a Miaute Order to the Planning Director, the Planning
Commission and appropriate staff members stating the following:
For pUrp0BeR of detera1ning rear yard area for additions, take the
existing area in back of the house as it is presently situated, and
for any additions that are 10% or less in total area of the house in-
cluding its attached garage, that addition can take place anywhere
in that existing back yard area as strictly a deduction in the total
area. Side yards adjacenc; to these small additions shall be included
in the usable rear yard calculations. In any event, the remaining
area would s~il1 not be less than 20 times the width of the lot as
originally situated. If you have a lot with a varying width across
the back (a lot that tapers) you take the average width for that
depth to determine the IlUlitplier.
The variance was removed from the calendar. Director of Planning and
Development Sisk will review this interpretation with the City's ordinance.
Should there be a eonf1ict, he will initiate proceedings to revise the
ordinance.
ARCHITECTURAL AND SITE APPROVAL COMKITl'EB APPLICATIONS
25. None
UNFINISHED BUSINESS
'1.6. None
NEW BUSINESS
L7. Request for fee waiver of Monta Vista Community Center for Kiwanis
Club fund raiser.
It was moved by Counc. Sparks. seeonded by Counc. Rogers and passed
unanimously to waive facilities use fees for the Kiwanis fund raiser
to be held at the Monta Vista Community Center.
28. Request for waiver or reduction of park "in lieu" fee filed by
Hugh F. Jackson.
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MINUTES CF THE JANDBY 17, 1983 CITY COUNCIL MEETING
Acting City Manager Viskovich reviewed the request received fro. Mr.
Jackson and the requirements of the Subdivision Ordinance. He stated
that there was no hardship or extenuating circumstances in this par-
ticular instance.
M. Hugh Jackson (son of the Mr. Jackson requesting the waiver) stated
that if the Council were unable to grant a waiver of park in lieu fees
he would like a reduction of those fees.
Mr. Viskovich infon.d Counci 1 of the formula used to assess the
amount of fee.
City Attorney Kilian informed Council that the property owner can get
his own appraisal and sub~t that to the City.
The applicant stat'd that he would go along with wh~t was said. He is
planning to sell the property to his two sons and felt the selling
price should be used as this would be fair. He was informed by the
Aeting City Mana~r that thE fee is set by fair market values in the
area.
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unanimously to deny the request of Mr. Jackson for a waiver or re-
duction of the park dedication in lieu fee.
29. Review of taxi subsidy agreement with Outreach and Escort.
Director of Parks and Recreation Dowling reviewed the proposed agree-
ment with Council.
Roberta G3rdello of Outreech and Escort, Inc. answered questions
from Council regarding the necessary prescheduling and informed them
that there would be immediate response in an emergency, especially a
medical emergeney.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to endorse the proposed agreement with Outreach and Ex-
cort, Inc. for the taxi subsidy services for fiscalyear 1983-1984.
WRITTEN COMMUNICATIONS
30. None
ORDINANCES
31. Urgency Ordinance No. 1215; "An Ordinance of the City of Cuper-
tino Adding Section 8.08.255, Vaccination of Dogs, to the Cuper-
tino Municipal Code and Declaring the Urgency Thereof."
It was ~ved by Coune. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1215 by title only and the City
Clerk's reading to constitute the only reading thereof.
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CC-598
Pap 9
Waiver of in-
lieu park fee
denied
Agreement for
taxi subsidy
services
Reading of
Urgency Ord.
No. 1215
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.98
Page 10
Urgency Ord.
110. 1Z15
enacted
Second reading
of Ord. 1208
Ord. No. lZ08
enacted
.
Second reading
of Ord. lZl"
Ord. No. 121Z
enacted
Second read ing
of Ord. 1213
Ord. No. L~13
enacted
.
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MINUTES or THE JANUARY 17, 1983 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by Counc. Flungy and pused
unsnimously to enact Urgency Ordinance No. 1215.
32. Secoad reading of Ordinance No. 1208: "An Ordinance of the City
of Cupertino .wending Section 17.32.070 and Adding Sections 17.32.1001'
and 17.08.085 to the City of Cupertino Municipal Code."
It waa moved by Counc. Plungy, seconded by Counc. Rogers and pused
unanimously to read Ordinance No. 1208 by title only and the City Clerk's
reading to constitute the second reading thereof.
It was ..ved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 1208.
33. Secoød reading of Ordinance No. 1212: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approxillat31y 30 Acres from Rl-6 Zone to Rl-6i Zone; The Rezoning
Propoges to Add the "i" Designation Which Will Impose a Building
Beigbt: Restriction of One-Story Not to Exceed 15 Ft. Upon All New
Construction Within the Zoning Boundary; the Subject Property
Consists of the Laurelhurst Subdivision, Tract Number 1939, 2320,
2483 and 2539 Which Are Located on the Following Streets:
Beat.....rwood Drive, Colony Hills Lane, Fallenleaf Lane, Tiptoe Lane
and lilestlyn Way, Generally Bordered as Follows: Beginning Approxi-
mat,dy 350 Ft. West of Saratoga-Sunnyvale Road at the Intersec-
tion with Fa11enleaf Lane, 200 Ft. Northeast of the Unimproved
HigbKay 85 Right of Way, 600 Ft. East of Stelling Road and 1,000
Ft. South of Bollinger Road (Adjacent to and Southerly of Jolly-
man School)."
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. l2lZ by title only and the City Clerk's
reading to constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rog~rs and passed
unanimously to enact Ordinance No. 1Zl0.
34. Secocd reading of Ordinance No. lZ13: "An Ordinance of the City
of Cupertino Amending Chapter Z.32, Planning Commission, of the
Cupertino Municipal Code."
It was mov~d by Counc. P1ungy, seconded by Counc. Rogers and pasaed
unanimously to read Ordinance No. lZ13 by title only and the City Clerk's
reading to constitute the second reading thereof.
It was ~ved by Coune. Plungy, seconded by Coune. Rogers and passed
unanimously to enact Ordinance No. lZ13.
RESOLUTIOSS
35. Non",
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MINUTES OF THE .lANDAU 17, 1983 cn'!' comrcIL WmTING
NON-AGENDA BUSDlBSS
36. None
STAFF REPORTS (c01Itinued)
City ManaKer's "port - By conse_.. che CUy Clerk.. direcced Co
send a letter to Sally Sc¡,......nn. CJíai.rper80u of tbP Library eo.a1ssion,
requesting that she or her represaltat:ive frOla the Co~.sioD attend
the next Council meeting to discuss their request for lelJlÜ research.
This item will be scheduled early 1u the meeting.
At 10:30 p.., the meeting was adjouraed.
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City Clerk ~
CC-598
PQge 11
I
Letter to
Library Com.