CC 06-06-83
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CITY OF c''U!'ERTINO, STATE OF CALIFO&.'iIA
10300 Torre Avenue, Cupertino CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JUNE 6, 1983 IN THE COUNCIL CHAMBER, CITY BALL
CUPERTINO, CALIFORNIA
Mayor Gatto called the meeting to order in the Council Chaaber at 6:50
p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Presen~: Jo~nson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Planning and Develnpaant Sisk
Direetor of Parka and Recreation Dowling (left at 9:15
p.m.)
Director of Finance Snyder (left at 7:30 p.m.)
Assistant City Engineer Whitten
Assistant to the City Manager Brown (8:00 p.m.)
City Attorney Kilisn
t
STAFF REPORTS
1. Oral reports by staff members snd submission of written reports.
City Manager's ~port
Home Sec~rity Inspections - Council recommended that when a house in
Cupertino has been burglarized that not only the person stfected be
contacted but the entire neighborhood for a neighborhood interest group
presentation by the Code Enforcement Officer.
Fi.re Service Issues: Fire District Commission Makeup - By consensus,
the City Manager was directed to place the matter of the Fire District
Commission on the agenda for the next West Valley Mayors luncheon. He
shall al~o contact Supervisor Rebecca Morgan. Council requested infor-
mation regarding Central Fire Protection D1strict Special District A'13-
mentation Funds, taxes and expenditures.
CC-6J.l
Page 1
dome secur lty
inspection~
Fire District
Commission and
SDAF
Sister City Cherry Tr2es - Council requested lnformation regarding damag Cherry trees
to twelve cherry trees in M~morial Park and what kind of protection
could be given the tr~es.
City Clerk's R~port
~
By consensus, Counci! accepted the resignation of Nancy Binneweg from
the Planning Commission. Applications will be acc~pted by the City
Clerk's office until 5:00 p.m., July 18. Date of interviews wi'l be
determined ~t the Council ~eeting of July 18.
Binnewe¡(
resignatiuL1
from Planning
Commission
;~
Legislative
Review Com.
I.removed
Consent Calen-
dar approved
.
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MINUTES OF TIlE JUNE 6, 1983 CITY COUNCIL MUTING
The Mayor was aut:'orized to a¡>point two persons at large to an advisøry
cOmmittee for ~orth Santa Clara County Solid Waste Manaaement Program.
COUNCIL REPORTS
3. Counc. Johnson - Legislative Review CoJaittee _ It was moved by
Counc. Plungy, seconded by Counc. Johnson and passed unanimously to
take the following actions regarding legislation (Counc. Plungy dissenting
on SB 48):
Support SB 403 permitting cities to tax individual vending machines;
AS 1826 (Lancaster), Public Employees Retirements Systems; SB 910 (Roberti),
AIDS;AB 848 (Bates, et al), Civil Rights; AB 1428 (W. Brown), Tax Loophole
Closing Measure.
Oppose AB 1666 (Cortese), Public Contract Code; SB 48 (Vuich), Extensions
of Utility Services.
Council directed the Clerk to thank legislators voting on legislatio~ as
requested by this body.
Counc. Plungy requested that the League of California Cities Curriculum
Advisory Committee be listed on the agenda under Council Reports.
CONSENT CALENDAR
Counc. Plungy removed Item 18.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve the balance of the Consent Calendar as submitted.
7. Resolution No. 6096: "A Re6Jlution 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 General
and Miscellaneous Expenditures for the Period Ending May 13, 1983."
8. Resolution No. 6097: "A Resolution of the City Coundl 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 May 17, 1983."
9. Resolution No. 6098: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 2 for City
Hall Basement Modification Project 79-56 - Gen..ral Work."
10. Resolution No. 6099: "A ResolutJ.on of the City Council of the
I City of Cup£rtino Approving Contract LÌlange Orde~ No. 1 for City
I Hall Basement Modification Project 79-56 _ Elevator."
11. Resolution No. 6100: '~Resolution of the City Cocncil of the
City of Cupertino Approving Parcel Map and Improve:ne!lt Plans of
Property Located Along Stevens Creek Boulevard West of Blaney Avenue;
Developer, George E. & Gunhilde A. Somps, Frank and Ruby Bilbao,
Frederich W. and Georgene E. Petri; Authorizing E~ecution of
Im~rovement Agreement; Authorizing Signing of Parcel Map and Improve-
ment Plans."
.
.
.
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETiNG
lZ. Resolution No. 6101: "A Resolution of the City Council of the Cit
of Cupertino Accepting Grant of Easement for Roadway Purposes from
David Dye and Beverly Dyc; Consisting of Approximately .004 Acres,
Located along McClellan Rosd East of Linda Vista Drive."
13. Resolution No. 6l0Z: "A Resolution of the City Council of the
City of Cupertino Accepting Grant of Easement for Roadway Purposes
from Guzman and Stocklmeir Development, a Joint Venture Comprised
of Alan Stocklmier anù Barbara Stocklmeir, His Wife and Guzman Con
struction Company, Inc.; Consisting of Approximately .03 Acres
Located on McClellan Road East of Linda Vista Drive."
14. Resolution No. 6103: "A Resolution of the City Council of the
City of Cupertino Approving Final Plan for Improvement of Frontage
Located on Alcazar Avenue; Developer, Binneweg Development; Auth-
orizing the City Engineer to Sign the Final Plan, and Authorizing
Execution of Agreement in Connection Therewith."
15. Application HC-5l,088.lj2 - Bridge Communications (Nitron) - Two
sign exceptions, one to permit a erouno bign on a site with 60 ft.
of street frontage in lieu of the ZOO ft. required by ordinance and
another to permit an off-site identification 550 ft. north of
McClellan Road. Recommended for approval.
16. Resolution No. 6106: "A Resolution of the City Council of the
City of Cupertino Au~horizing Execution of Agreement with Kid-
peninsula Regional Open Space District for Temporary Use of
Picchetti Property for Recreation Program."
17. Acceptance of City projec: performed under contract: City Hall
Basement Modification, Project 79-56, Concrete and Masonry Work.
18, Removed.
19. Minutes of the adjourned regular City Council mEeting of May Z6,
1983. (CC-61O)
Vote Memb~~of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Plungy. Rogers, Sparks, Gatto
None
None
None
lTEl-IS REMOVED FR'JM CONSENT ;;ALENDAR
18. Minutes of the regular City Council meeting of May 16, 1983.
(:::C-609)
The minutes of the regular City Council meeting of May lb, 1983 were
approved with the (ollowing amendment: Page lL. paragraph 5. to read
". . . passed with Cou"ci lmembers Johnson and Sparks dissenting.
The motion to approve was m~de by Counc. Sparks, ~econded by Coune.
Johnson and passed unanimously.
CC-611
Page 3
"
Hay lb
minutes
app roved
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
ORAL COHML'NICATIONS
21. Proclamation declaring June 12-18, 1983 as National Scleroderma
Week in Cupertino.
The City Clerk was directed to send the proclamation to the approvriate
person.
'1.2. Members of the audience regarding matters not on the agenda.
Ann Anger, Monta Vista, addressed Council regarding parking on the
Highway 85 corridor. She stated that if industry along Bubb Road could
not provide adequate parking, then they had outgrown their facility.
She was informed that the City is pursuing this problem.
John Vidovich, Cupertino, addressed Council regarding the Town Center
properties, particularly the 14 acres being develo. 'd by Prometheus.
It was recommended that he address the Planning Commission at 'heir meeting
of June 22.
PUBLIC Ill!ARINGS
.
23. Hearing to determine whether the structure designated 22370 Mc-
Clellan Road constitutes a public nuisance (fire hazard and a hazard
tú health, safety and public welfare, by reasons of inadequate 11Idintenance
and abandonment).
(a) Resolution No. 6104: "A Re~olution of the City Council of
the City of Cupertino Orderin~ Abatement of Public Nuisance
Consisting of the Abandon..d Building at Z'1.370 McClellan Road."
City Attorney Kilian informed Council that this was a quasi-judicial
hearing. The City Clerk administered the oath to Director of Planning
and Development Sisk who reviewed the staff report with the Council
and presented pictures of the existing structure.
Upon being asked by the City Attorney if any discussions had occurred
with the ?roperty owner, Mr. Sisk stated that in March of 1983 the
Chief Building Official, John Busto, had spoken with the property owner
and that the owners were aware of the problem. As per City ordinance,
notice of the scheduled hearing was mailed to both ploperty own~rs at
their last known addresses. Mr. Sisk lnformed Council that Mr. Busto
has talked with the property owners over a period of time. At various
times the building has been painted and boarded up. <he Planning Depart-
ment has received n~ indication regarding development plans for the
vacant building.
.
The City Cler.k administereè. the oath to Mr. Hans Haug, adjacent property
owner. Mr. Haug submitted a letter requestIng abatement of the building.
He stated that it does serve as an attractiv~ nuisance anrl is used as
a dump. He ha~ called police regarding the problem in the past. He
statcd that he has spoken with Mr. Noon, one of the property owners,
in the past. He informed Mr. Haug he could be called were there a problem.
Mr. Haug suported the resolution for abatement of the building. Upon
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
being asked by the City Attorney if he had had any recent conve~.ations
the owners, and did he know whether or not they wera awsra of the
hearing, Mr. Haug stated that he did not know if they wera awara of ehe
hearing. Mr. Haul! submitted a letter in support of abatement of the
!>uilding.
It was moved hy Coonc. Sparks, seconded by Coone. Johnson and pas.ad
unanimously to close the public hearing.
It was moved :'y Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 6104 ordering sbatement of public
nuisance consisting of the ab&ndoned building at 22370 McClellan Rosd.
The City Clerk was directed to notify both property owners.
PLANNING APPLICATIONS
24. àpplication ll-U-S2 (Revised) of Co~ity Housing Developers, Inc.
Use Permit to construct 27 residential dwelling units and ~viron-
mental Review: The Environmental Review C01llllittee reco_endtJ the
granting of a Negative Declaration. This p~oposal const~tutes a
revision to s previously approved use permit and includes a density
bonus for providing subsidized housing units for handicapped
individuals. The subject property is loeated approximately 150 ft.
south of Stevens Creek Boulevard and 280 ft. east of Stelling Road
in a P (Planned Development with residential, 10-20 dwelling units
per gross acre intent) zoning district. Recommended for approval.
(a) Request from Community Housing Developers, Inc. for waiver
of fees.
Director of Planning and Development Sisk reviewed the application
with Council.
Linda Smith, Director, Community Housing Developers, introduced Betsy
Yost, architect, to those present.
Betsy Yost, architect, addressed Council regarding the planned parking
for the facility which has a ratio of one handicapped space per unit.
She stated that in the past she has found that ie handicapped projects,
cars per unit were less than 50%. Also, the management plan for the
facility states that only one vehicle per unit would be allowed. In
regard to sprinklering, she stated that she had worked with C~ntral
Fire Protection District. All two story buildings will be sprinklered.
At the top of the lift will be an emergency area with two hour walls.
fhis &rea will hold up to ten people. UFon being asked why it were not
designed for 50% handicapped parking with the rest regu10r parking, Ms.
Yost stated that it could be but she h,ld been asked foe a one to one
ratio with handicapped wide spaces. ~he stated that the lift will have
an emergency generator so it could function. She also reviewed the exit
process from various locations in the development. She stated that deck
areas are sprinkle red and all two f-tory units are connected.
CC-611
PagO! .,
ith
Pub!ic hearing
c lased
Res. No. 6104
adopted
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
Linda Smith, CHD, stated that stairways were also available and thae
the Central Fire Protection District feels that it is an adequate
design. It would cost approximately $4,500 more to spinkler the one story
buildings.
Bob Childs, Cupertino, addres&ed Council regarding the two hour fire
wall. He asked, "What about smoke." He ststed that he found this
development to be a travesty of taxpa7ers øøney. He stated that plans
being presented were at least the fourth set of plans. In addition to
the plan, it was also necessary to pay for an election. He stated
that because it is required to use Mr. Bianchi as a contractor, Community
aousing Developers could not get HUD money because they could not go out
to bid. It could result in an exhorbitant cost. Also, the CHFA interest
rate is higher than HUD's. He felt this was a waste of taxpayers money.
.
Mickey Quinser, president, Disabled Students Union at De Anza College,
addressed Council. :Ie stated that he works with the disabled and that
he is disabled. He also works at Hewlett-Packard and is a student at
De Anza College. He stated that there isaneed for housing for the disabled.
If one is disabled he or she is excluded by barriers such as steps to a
house. He stated that a vote had been taken and the people approved
handicapped houaing. He requested that Council help work out details.
He also stated that he appreciated Council's past help and urged their
continuing support.
Director of Planning and Development Sisk pointed out that Community
Housing Developers were requesting waiver of City fees. This would be
an amount of approximatelY1'I,P99.~,/~~. ~
Mimi Stuart, De Anza student, stated that she had worked for the City
of Cupertino approximately 6 years as a pa~t time recreation leader.
She works ~~th the blind, deaf, mute dlsabled youngsters and young
adults. She is also the ICC representative for De Anza College. She
stated that although the City has eliminated many barriers to enable
handicapped to become more mobile, many must still live at home as
no residence ia set up for the disabled. She spoke in support of the
use permi t.
Mark Johnson, San Felipe Drive, Cupertino, spoke in regard to a previous
statement that taxpayers money was being spent un this. He stated
that mAny disabled people work here in Cupectino and pay taxes too.
They want to take care of themselves and get around their "1nconveniences."
.
Carol McDowell, coordinator of Cupertino Friends of the Disabled, stated
that she has known many taxpaymg selL-,,\..pporting disabled. She, stated
she is r~oud of the community, but it is selfish and unwilling to share.
Anyone could become disabled. She stated that the needs of the disabled
result in the necessity of a different type of housing. She said that
it is her understanding that HUD has only 190 units this year in all
of California. She aLso stated that when the agre2ment was made for a
person to become the contractl)r, it was in compliance with HOD rules at
that time. Every January 1, new regulations are issued. She also
stated that she would like the City to be supportive regarding the
waiver of fees.
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
Wes Phillips, Scofield Drive, p.xpreased the opinion that on the single
story building the two back U3its were sprinklered., However, the
sprinkler wo:.¡ld not go on unHl the fire got ,to a certsin point. He
recommended that all the buildingy he sprinklered. He also stated that
the ballot issue approv.~ by the majority of voters in Cupertino said
that no City or county funds would be used and that the developers would
be required to get the standard permits, etc. He asked if the waiver
of fees would be considered use of Cltyor: county general funds. Upon
heing directed t~ answer by Mayor Gatto, City Áttorney Kilian stated
that it was his belief that the intent of the measure was to make certai
that the building and development did not occur through use of general
funds 11IQney. City ordinances do allow for waiver of fees. He stated
that he does believe the Council can waive fees and charges and this
would not reflect upon general fund monies.
Mr. Phillips stated that he became supportive of the project when he saw
that there would be no use of gen~ral fund monies. He stated that the
waiver of fees was not what he voted for.
Roberta Holliamn, lll55 La Paloma Drive, League of Wo.~n Voters, stated
that the League supports the pr~ject.
Dale CorLett, Cupertino, stated that Cupertino has been very supportive
to him.
Jean Corbett stated that within a few miles of City Hall, a 1,200 unit
apartment complex has just doubled its rent and the result waa freezing
out the handicapped.
Director of Planning and Development Sisk stated th~t in a merg~r the
park dedi.:ation fee is not applied if it does not seem reasonable. He
stated th~t in this instance he did not feel a park dedication fee would
be reasonable.
It was moved by Counc. Sparks. seeonded by Counc. Rog~rs and passed
unanimously to grant a Negative Declaration fOL Application ll-U-82
(Revised) .
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve Application ll-U-82 (Revised) per Planning
Commission Resolution No. 2399.
It was moved by Coune. Sparks, seconded by Counc. Rogers and passed
unanimously to approve waiver of City fees including any park dedica-
tion fees.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
25. None
úNFINISHED BUSINESS
L6. None
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CC-611
Page 7
Negative Dec.
for ll-U-82
(Revised)
ll-U-82 (Rev.)
approved
City fees
waived
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Modification
to BKR re-
quirement -
Due
Mortgate
revenue bonds
:~reet im-
*ments
Contracts to
Gr aham Cons t.
and Piazza
Const.
Acqui3ition
of school
sites
.
KI1WTES OF THE .n.'NE 6, 1983 CITY COUNCIL MEETING
NEW BUSINESS
27. Request. for BOdification to BKR requirements - Jules Duc (Wildflower
Wey).
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to approve the modification to the BHR requirement Which would
allow a new sales price of $123,613, and the develcpex will provide financing.
Staff will ensure that the appropriate agr~ements are executed.
28. Cooperation agreement with Santa Clara Couney for issuance of mule i-
family mortgage revenue bonds.
It was moved by Counc. Rogers, seconded by Counc. Johnson and passed
unanimously to approve the cooperative agreement between Santa Clara County
and the City of Cupereino for the issuance of multi-family mortgage revenue
bonds.
29. Proposal for the use of approximately $75,000 Federal Jobs Bill funds
through a ComDXDity Development Block Grant. (Council may adjourn
to a closed session to discuss possible litigaeion.)
It was moved by Counc. Sparks, seconded by Còunc. Johnson and passed
unanimously to approve a maximum of $75,000 for street improvements for
housing for the disabled (Community Housing Developers). If CHD goes to
private syndieation, the $75.000 is withdrawn. The City will ~uild the
project. Sea~: was r~ques'ed to look at curb, gutter and street require-
gents to se~ if costs could be reduced.
30. Bid opening and award of contract.
(a) Slurry S~al, Project 83-51.
(b) Pavement Restoration, Project 83-Z1.
It was moved by Counc. Johnson, seconded by Counc. Rogers and passed
unar.imously to award contracts based on lowest bids as follows: (a)
Slurry Seal, Project 83-51, to Graham Cor.st~uction, Inc. in the amount of
$160,350.84. (b) Pavement Qpstoration, Project 83-Z1, to Piazza Construc-
tion Co. in tha amount of $"... ,410.00.
31. Req<1est from Cuoertino Union School District for notificatIon from
the City regarding interest in purchase of Hoover School Site and/or
Jollyman School Site.
By consensus, Council author ized staff to notify the Cupertino Unioa
School District Board of its interest in acquisition of the Hoover and
Jellyman School sites. The City Manager and City Attorney will prer~re
the letter. The letter will include a request that the President of the
School Board meet with Mayor Gatto.
32. Request for fee waiver for use of Monta Vista Center filed by Cupertino
Kiwanis Cluh.
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to waive fees for use of Ifonta Vista Co_mity Center by L
Kiwanis Club for their annual cribbage tournament.
33. Discussion regarding facility for Cupertino Historical Society
(Mayor Gatto).
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unanimously to approve making the resolving of the location for a muse
and the Cupertino Historical Society a priority item for the Parks and
Recreation Commission. It will be considered at their July 7 meeting
and their recommendation brought to Council.
WRITTEN COMMUNICATIONS
34 . None
ORDINANCES
35. Second re&ding of Ordinance No. lZ23: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
and Prezoning Approximately 60 Acres from Various Zoning Districts
to P Zone; Located on Stevens Creek Boulevard Generally Bounded
by Stern AVLnue on the East and Stelling Road to the West Excludin
the Vallco Park Area and the Town Cer.ter Area."
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1223 by title only and the City Clerk'
reading to constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. lZZ3.
36.
Second reading of Ordinance No. lZ24:
of Cupertino AmcndinK Chapter 3.3Z. of
Increasing the City's Construction Tax
Changes."
"An Ordinance of the ;;ity
the City's Ordinance Code
and Making Other Technical
It was moved by Counc. Plungy, seconded by Counc. Rogers and pa8sed
unanimously to r~dd Ordinance No. lZZ4 b' title only and the City
Clerk's reading to constitute the second reading thereof.
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. lZZ4.
37. First reading of Ordinance No. ]2Z5: "An Ordinance of the City
of Cupertino Amending Section Z.12.020 of the Cupertino Municipal
Code Relating to Resolutions."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. lZ25 by title only and the Cioy
Clerk's readin~ to constitute the first reading thereof.
CC-611
Page 9
Waiver of fees
for Kiwanis
Museum and
Historical
Society
Second reading
of Ord. 1223
Ord. 1223
enacted
Second reading
of Oed. lL24
Ord. 1224
enact~d
First reading
of Ord. 1~2.)
.1
Page 10 .
First reading
of Ord. 1226
Rent increases
.
Negotiations
.
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MINUTES OF THE JUNE 6, 1983 CITY COUNCIL MEETING
38. First reading of Ordinance No. 1226: "An Ordinance of tbe City
of Cupertino Amending Section 11.20.020 of the Cupertino Municipal
Code Relating to Vehicular Stop Required at Cupertino Road and
Hillcrest Road."
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1226 by title only and the City
Clerk's reading to constitute the first reading thereof.
RESOLUTIONS
39. None
NON-AGENDA BUSINESS
40. Recognition by Mayor of special requests.
(a) None
(b) Council requested that staff submit a report regarding trends
in rent increases in Cupertino.
Council requested that staff investigate the City of San Jose's
road development in regard to their reducing lhe nu..ber of through lanes
for automobiles and any impact it might have on CUF~rtino.
At 9:20 p.m., Council adjourned to a closed session to discuss
personnel.
At 9:40 p...., Council reconvened in open session in the Council Chamber.
All Cauncilmembers were present as were City Manager Quin13n. City
Clerk ~ornelius and City Attorney Kilian.
It was moved by Counc. Johnson. seconded by Counc. Rogers rnd passed
unanimously lo approve staff recommendation regarding negotiations with
emp loyee groups.
At 9:1,5 p.m., Council adjourned to Wednesday, June 15,1983,7:00 p....,
Conference Room.
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