CC 08-15-83
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MINUTES OF T:.t: REGULAR MEETING OF THE
CITY COUNCIL WELD ON AUGUST IS, 1983
IN THE COUNCIL CHAHBEk, CITY HALL,
CUPERTINO, CALIFORNIA
Mayor Plungy called the meeting to order at 6:55 p.m.
ROLL CALL
CC-619
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Counc. Present:
Gatto, Johnson, Rogers, Sparks (7:00
p.m.), Mayor Plungy
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public ~orks viskovich
Director of Planning and
Development Sisk
Director of Parks & Recreation
Dowling
Asst. to the City Manager Brown
S'fAFF REPORTS
1. Oral reports by staff members and submission of written
reports.
City Manager's Report
Legi.3lative Review - City ~lanager Quinlan reviewed cutback Budget cutback
in the City budget which would result from a reduction of
State subventions. These cutbacks are as follow:
Reduce contribution to Civic Center reserve - $525,000
Law enforcement revised service plan - $135,000
Reduce workers' compensation rate - $26,500
Personnel reductions
Administrative Intern - $4,600
Reorganize Grounds Supervisor - $22,500
Total personnel reductions - $27,180
Reduce park acquisition fund contribution - $22,000
TOTAL - $735,680
(City Clerk's ~ote: Counc. Sparks arrived at 7:00 p.m.)
,;y consensus, Council directed that a letter be drafted
regardin~ displeasure at possible cuts of State subventions
and the potential short and long-term effects.
Sta f f Responses to tho:! :,,\5S Rec:n',mendat ions - ':y consensus, BASS reCOID-
the City !~anager was Jirected to send a letter to the mendations
Intergovernmental Council as rer the ~ir~ctor of Planning
and Jevelopxent's m~æo.
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j CC-619
Page ::!
·RJt85
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Public Safety
COlIIDission
S.66 - Cable
Television
R~o. 6152
a~d
Chemieal
spill
Legislative
Review Com.
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",',
PG¡,E Lette;: Re Federal Pow~!" Commission Rullag
consensus, this was referred t~, the Cupertino
Commission for review and recommendätion.
- By
Energy
.
Proposed Cooperative Agreement for Funding Transportation
Study of Route 85 Between Route 87 and St:evens Cre.k
Boulevard It was moved by Coune. Gatto, seconded by
Counc. Rogers and passed unanimously to approve execution
of the agreement subject to the City Attorney's review.
City Clerk's Report
~~slgnation of Pu~lic Safety Commissioner - It was moved by
Counc. Gatto, seconded by Counc. Rogers and passed
unanimously to accept the resignation of Nlcholas Szabo
from the Public Safety Commission. Appllcations will be
accepted until Septembttr 16 to fill that vacancy.
Interviews will be conducted on September 27.
5.66 Cable Television - It was moved by Counc. Rogers,
seconded by Counc. Gatto and passed unanimously to continue
opposition to the "escape clause." A letter will be
drafted to send to the House Energy and Commerce Committee
with a copy to Congressman Zschau.
i.bandoned Residential Structure - 218S2 Lindy Place - John
Ja:nes Resldence
It was moved by Counc. Gatto, seconded by Counc. Johnson
and passed unanimously to adopt Resolution No. 6152 setting
the public hearing for September 6, 1983.
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to waive the formal bidding process
because time constraints make this an emergency situation.
Status Report on Chemical S?ill at Tandem and Siemans
It was moved by Counc. Johnson, seconded by Counc. Rogers
and passed unanimously to request the Water Quality Board
to expedite hearings in this :natter, because of current
high water tables, earl¡ rains could cause possible
conta:nination. 7he City Council requested that a copy ~f
re?orts from the ~ater ~uality Board be made available to
them ~5 soon as possible.
COU::C I L REPC,,',S
Counc. Johnson - LegisLj~ive Revie..' Co.T\mittee It ;;dS
~oveò by Counc. Johnson, seconded by Counc. Gatto a~~
pass~d unanimously to take the followin~ ~0~ltlG~3
rc.,¡arding proposed legisl"tion: SUP¡;ort ;.E lSn
(Seast!an..J), Physical 1I.'neJicdp Jiscri¡rination. Support
J7 (t'oran), ::otor Vehicle Fuel Revenues Ex?enditure.'".
SUPf;Crt :::.ì 1120 (::0ene), 1C'..ru;oitf for firefighters <;L1J;CO>
rescue J.tte;ne:>ts. Ct-'pûse d. 9;JS (Al.Jtorre), r\e-~It control
leCJlsliltJ.on. Op~os...: ,,\~ lOf._) (::oQre) I L""':1~loyee rE:·tire:-:'t;:""':
bc~e[lts. a~?OSe Sß 67G (~edjeh), PENS
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disability retirements. Oppose SB ~24 (Maddy), Cranð
juries; powers. Support AS 696 (Cortesp), referral of land
use proposals.
Support AB 897 (Cortese}, benefit assessments; pollee
protection. oppose AS 2310 (CoTtese), real propertYJ
subdivisions; merger.
CONSENT CALENDAR
Item 13 was removed from the Consent Calendar per staff
recommendation.
It was moved by Counc. Sparks, seconded by Counc. Johnson
and (Jassed unanimously to approve the Conser., Calendar.
7. Resolution NO. 6145: "A Resolution of the City council
of the City of Cupertino Allowing CertaÍlI Claims and
Demands Payable in the ~ounts and from the Funds as
Hereinafter Described for General and Miscellaneous
Ey.penditures for the Period Ending July 22, 1983.
S. Re~olution No. 6148: nA Resolution of the City Council
of the City of Cupertino Allowing Certain Claims and
Demands Payable in the Amounts anj from the Funds as
Hereinafter Described for General and Niscellaneous
~xpenditures for the Period Ending August 5, 198~.n
9. Resolution No. 6149: "A Resolution of the City Council
of the City of Cupertino Approving Contract Change
Order No. I for Stevens Creek aoulevard Bicycle
Detection Project 82-25."
10. Application HC-51, 578.1 lIichael Lynch - Requesting
architectural, site, lighting and signing approval for
a 4,000 sq. fto addition to an existir.g industrial
building. The subject propertj is located on the
northeast corner of Imperial Avenue and Olive Avenue.
Recommended for ~pproval.
11. ;.pplication HC-51.563.l V. C. ;';ong Associates
(Grosvenor Cupertino Partnership) Requesting
architectural, site, landscaping and lighting approval
for alight ;r.anufactur i ng structure encompass i ng
115,000 sq. ft. The subject property is located on the
south side of pruneridge Avenue, 1,000 ft. \Nest of
',an tau .>'venue. Reco:nmended for approva 1.
lZ. ::inutes of the adjourned regular meeting of July l~,
:')83. (CC-6l6)
CC-619
Page 3
It_ re-
lIIOVed
CODsent Calen-
dar approved
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13. Removed.
14. ¡-<inutes of the adjourne" reg':lar m£eting of August 2,
198'1. (CC-618)
Vote
rlembers of the City :=o.:ncil
.\YI~S :
Gatto, Johnson, Rog~rs, 5¿ark3, ~lu~9Y
NOES:
None
ABSt:¡H:
None
ABSTAIN:
None
1 T £r~s RE¡10VED FROM CONSENT CALENDAR
15.
ORAL CWß1UNICATIONS
16. Dorothea Balsano of CROAKE with petition regarding
aryan Canyon.
Dorothea Balsano presented Council with a petition, a
packet of information and letters regarding the I'se of
Bryan Canyon as a dump site. She urged the City Council to
oppose such use of Bryan Canyon and to support Kirby Canyon
as a dump site. She ~equested that Council not amend the
General Plan to allow a dump site in Cupertino.
17. i1cmbers of the audience regarding items not on the
agenda.
Shirley Peterson informed
regarding rent ;ncreases.
the opportunity to do so as
:=ouncil she would like to speak
She was informed she ~ould have
part of Agenda Item t;o. 25.
:.one.
P:':,\LIC IILARI;;';:;S
.c. ~onsiùeratic~ of vacation of a 20rtion of Alves ~rive.
(a) I<e,;olutlon ';0. 6150: ",\ iies:::lution of the City
COIlr.cll of the Ci ty of Cu?ertino OrcleIlng 'iaeation
of Porti::>r. of Alves Jrive as PrV"~ided in Se;:-tion
d320 et seq. of the Streets anJ High~ays ~oùe of
the Stat" of California; Retainin] it as Public:
..:tility :':ase.ne:1t, S.:lnit.J.rï Se......'c:: L.:ìSe:r:ent,
L.J:h.":s(""i3t>e ::z:se:;¡ent, Pe,_-]cstrÍ,]n J::::': ::icy("lc
:.:)sem~~t; ~'ixinJ ~i~e an~ Pl.)ce f~r I)ublic ~iearlnJ
....nJ ProvirJinfj for ..otlCi"' ·~·:lereof.1t
.
Director of Fublic Works Viskovich reviewed his report with
the Council.
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Doug Devries, 20927 Alves Drive, stated that the traffic on
Alves is significant and creates a safety hazard. He felt
the ~olte study did not address the broad issu~. He told
Council that even with the 25 mile per hour posted speed
limit, cars still go 40 miles per hour. There is also a
lot ~f foot traffic in ~he area. He felt that the level of
risk of harm is 5 to 10 times greater than usual along a
reside~tial slreet. He informeu Council that the residents
support the semi-diverter solution to the problem.
It was moved by Counc. Sparks, seconJed by Counc. Gatto and
passed unanimously to close the public hearing.
It wa3 ~oved by Counc. Sparks, seconded by Counc. Gatto and
passad unan;mously to approve a semi-diverter to close the
westbound move near Stelling Road.
PLAt¡:HNG APPLICATIor¡S
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19. Applications 24-0-83 and l2-T:1-83 of r10tln VISTA
PROPERTI E3 (TERRY i3ROWN): USE PERtHT to construct si x
detached single-family residential dwelling units;
TENTATIVE SOBDIV":SION MAP to subdivide approximately
.64 acres into six parcels ranging in, size from 2,900
sq. ft. to 3,700 sq. ft. and ENVIROU:1ENTAL REVIEI~: The
Planning Commission recommends the granting of a
Ilegative Declaration. The subject property is west of
Orange Avenue in a P (Planned Development wi th
residential, 4.4-12 dwelling units per gross acre
intent) zoning district. Recommended for approval.
Director of Planning and Development ~i~k reviewed the
application with the Council.
Terry ërcwn, developer, addressed Council regarding the
architecture of the proposed development. He stated that
he planned to continue with the style presently us~ð on the
rest of the block.
Ann ~nger, :.onta Vista, expressed concern regarding the
preceàent belng se" with the approval of these residences
on small lots.
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It was zoved by Counc. 3parks, seconded by :ounc. Rogers
and passed unani:nously to grant a ::egative Deciaration for
Applications 24-U-83 and 12-:::-83.
.
It was moved by Counc. Sparks, sec~nded by C~unc. Rogers
and passed unanimously to ~pprove '?plications 24-U-83 and
12-f':-23 per Planning ~om;rdssion Resolutions 2427 and 242ö.
·\RClIIT:.:rU[;:'.L .~,'.:J ~;IT.:· .\PPRv''¡l.L C0:<.ìl:1F.E .\PPLI:l\'!'IO::~~
ZOo None.
CC-619
Psge 5
Public hearing
closed
SeIIi-diverter
approved
Negative Dec.
for 24-U-83
and 12-TM-83
24-U-83 and
IZ-TM-83
approved
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(I 'CC-f>1C)
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Prior-
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Co-spon-
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of race
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UNFINISHED BU&.NESS
21'. Location of Cupertino Historical Society Museum site.
Dir~ctor of Parks and Recreation D~wling presented slides
of potential sitp.s for a Cupertino Historical Society
Museum. He also reviewed transparencies pointing out the
sites ~f those buildings.
Linda Sharman, Cupertino Historical
Council that the Society is in agreement
Recreation Comr.,ission recommendation.
Society, informed
with the Parks and
Fran Disman, IOOS7 Spanish Oak, Cupertino, expressed
concern that ~ny widening of Stelling Road would create
hazards. She stated that the Cali House is already on a
wide street and that it should be left where it is and
used. :1s. Disman was informed that the Cali house is not
on City property and the developer ~ould like to develop
that property.
,1ark Kroll, Prometheus Development, reaffirmed his offer to
donate the Cali House to the City. He stated that he would
be wilJing to work out a possible sharing of some of the
~oving and renovative costs.
It was moveè by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to endorse tne priorities established by
the Parks and Recreation Commission as folIo'",: (a)
Acquisition and use of Coffee residence; (b) Use of
:1cClellan Rdnch house; (c) Against relocation of Cali
nouse; (d) Against use of Monta Vista kindergarten wing.
';Ew ausn¡¡;ss
22. Request from Ski Any :'ountain, Ltd. for City's
co-sponsorship of 10K-IO mile foot race to raise funds
for the U. S. Ski Team.
Director of Parks and Recreation Dowling reviewed his
report with Council.
It was moved by Counc. Johnson, seconded by Counc. Sparks
and rassed unanimously to approve the request fro~ Ski Any
',cuntain, Ltd. for City's co-sponsorship of lG:~-lO :-nile
foot race to raise funds for the ~S Ski ~eam with the
follo~ing conditions: (1) City not participate in ?ayment
of Sheriff Derartment fees; (2) ~ine not be served in
::e,1\orlal Park at conclu3ion of race; (3) Required 2ermits
including those from other agencie5 oe obtained; (4) Any
:,o",..,taln ~ave liabilit¡ insurance naming :::ity, as
co-insured; (5) Registration for~5 include rartici?ant
W~iver of liability.
2~. Request from Laurelhurst residents for a "Ueighborhoo
;';atch program."
.1 City :Ianager Quinlan reviewed the request with Council.
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by Counc. Johnson
Neighborhood ~atch
the area's 80\
It was moved by Counc. Rogers, seconded
and passed unanimously to sanction a
progr m for Laurelhurst subject to
participation.
24. Consideration of a mosquito abatement ordinance.
(a) First reading of Ordinance No. 1235: "An
Ordinance of the City of Cupertino Addi~g Chapter
9.16, l1osquito Abatement, to the Cupertino
~unicipal Code."
CC-619
Psge 7
Neighborhood
Watch Program
It was moved by Counc.
passed unanimously
ordinance.
Gatto, seconded by Counc. Rogers and Mosquito
to approve a m:>squi to abatement abatement
It waS moved by Counc. Rogers, seconded by Counc. Gatto and rirst reading
passed unanimously to read Ordinance No. 1235 by title only of Ord. 1235
and the City Clerk's reading to constitute the first
reading thereof.
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25. Consideration of a rent freeze and rent stabilization
ordinance.
(a) Urgency Ordinance No. 1234: "Emergency Ordinance
of the Council of the City of Cupertino Declaring
a Temporary Rent Stabilization on Residential
froperties within the City of Cupertino Until
ùecember 1, 1983 and Rolling Back Rents."
Counc. Gatto reported that the mediation between the
and residents of Lake Biltmore had proved successful
agreeme,t had been reached.
owner Mediation
and an successful
'\1 Chappell representing the residents of Lake 3iltmore
thanked Coone. Gatto. lie requested that Council provije a
Citywide ~ediation/negotiation process.
Shirlcji Peterson, former homeowner, present renter in
C~?ertino, stated that Lake Biltnore is just tne tIp of th?
iceberg and rent increases allover are more than salary
Increases. 3he informed 20uncil that in 4-1/2 years she
has had a 1001 rate increase in rent.
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vickI GilflX, 21568 Rosario, professional property ~anager
informed Council that she lives and works in Cupertino.
Sh~ stated that rent control would not solve proble~s and
is usuallý detrimental to a community. She requested that
they consIder settiny up a precess f~r pro~erty owners anJ
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CC-6l9
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I board
Advisory
eo_ittee
for solid
waste manage
ment
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tenants to talk with each other prior to consideration of
rent control.
Fred St. Claire, Lake Biltmore Apartments, told Council he
would probably be leaving Cupertino.
Anna Black, owner of small rental units, stated that rent
control and rolling back of rents would result in 10.. of
rental units in Cupertino.
J. R. Radine, 1059 Monterey,
he owns a parcel of land
considering building rental
endorse voluntary mediation.
Foster Ci ty, told Counc 11 that
in Cupertino on which he ia
apartments units. lie would
Debora Hinz, 349 South ~onroe, San Jose, stated that her
firm had I:.ought bankrupt apartmei'lts in Cupertino and
upgraded the building. This would not be possible with
rent control.
Council discussed the possibility
help initiate dialogue betwe.en
problems occur.
of some type of board to
tenants and owners where
Counc. Gatto offered to help formalize a process.
By consensus, Council approved a board that would serve
both landlords and tenants in problem situations. An
outline of procedure to be followed will be presented at
the first Council meeting in October.
RECESS: 9:15-9:30 p.m.
26. Establishing an advisory body pertaining to solid waste
management, including goals, guidelines, parameters,
a~d method of selecting mem~rs.
'3y consensus, Council established a 15 member advisory
body. Each Councilmember shall appoint three persons to
the committee. The Clerk's office shall serve as a
clearinghouse for submitting na~es of those appointed. The
appointments shall be made prior to September 6. Council
decided not to lmpose a sunset clause on this advisory
body. Counc. Johnson will attend and ,'rani tor meetings.
,'he commi ttee was directed to gather information, prepare
alternatives with pluses and <ninuses. :::ouncil approved
staff re~ommendation regarding objectives, responsbilities
and parameters. St;:,ff was directed to prepare a
2resentatio~ for the cOT-mittee regardin9 :::u~ertino's unique
?roblems. This presentation "hall include information
regarding recycling, landfill, resource recuvery, road
access, etc. It was also suggested that the coæmittee
visit sites that have been su]gested Ear possiole
lanàflll. City staff me.r,bers will be available to the
com~ittEe 3S a resource anà ~ill ~e prese~t Jt the first
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'meetings to provide history and information. It was III~ CC-6l9
by Counc. Sparks, seconded by Counc. Rogers and passed Pase 9
. unanilllously that the committee's goal shall be to prepare
program to handle Cupertino's solid waste disposal over a
period of 30 years. Any Councilmember may offer an
alternatlve to be studied by the group.
27. Report on bid opening for Bollinger Road Improv.menta,
project 81-27, and award of contract.
It was moved by Counc. Sparks, seconded by Counc. Johnson
ar.d passed unanimously to award the contract to O'Grady
Paving for their low bid of $109,892 and appropriate
$35,000 of that amount from the Stor~ Drain Fund and the
remaining amount from the rHnor Road Improvement Fund.
WRIT'fI::U COMM;'¡NICATIONS
28. None.
ORDIUAIICES
29. Second reading of Ordinance No. 1231: "An Ordinance of
the City of Cupertino Amending Section 1 of Ordinance
No.2 by prezoning Approximately .5 Gross Acre from
Santa Clara County RI-B Zone to City of Cupertino
Rl-7.5 Zone; Located on the North Side of Almaden
Avenue Approximately 200 Ft. East of Byrne Avenue."
:1embers of the audience req¡;ested that public input be
received regarding the Solid Waste Management Advisory
Committee and the use of Bryan Canyon as a landfill site.
~herefore Mayor Plungy returned to Item No. 26 for
discussion.
26. (continued)
Alf :'1odine, Cupertino, stated that the Solid ;';aste
~!anagement Joint Power Agreement can override the voters.
He asked if those present aelieve Cupertino had the last
word in this matter. He stared the opinion that the Hoard
of Supervisors could overrule any decision of the City
(:ouncil.
,;ayor Plungy informeè :':r. :;odine that the use of Bryan
2anyon woulò require a zoninCj change. Should thE Council
not change the zoning, it could not be used.
The City r,ttorney stated that :;ayor Plungy was correct in
that matter.
Jpon ~eing asked the power of the co~mittee for~ed that
evenin~, the Council replied they woulò be advisory only.
O'Gndy Paving
_rded con-
tract
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CC-6l9
_10.
.
e
Seeond
reading of
Ord. l231
Ord. l231
enacted
Second
reading of
Ord. 1233
" 1233
enacted
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Joe Shepela, 21054 Baxley Court, stated that his concern
had started when he heard that a proposed dump site would
be discussed at the Council meeting. He said that 1Iany
people were looking EOJ: the me~ting on Channel 30, and it
was not being cab1ecast. He stated that he had met wi th a
Councilmember the previoulI week and felt there waS a
genuine interest on Council's part. He was supportive of
an advisory board. He requested that the Council consider
the professionals who live and work in Cupertino for that
task force and that they consider the City's quality of
life.
Cheryl BloCk, 22931 Voss Avenue, also expressed concern
regarding Bryan Canyon as it is close to her home. She
stated the opinion that the JPA seems to be encouraging
Bryan Canyon as the site. She felt disturbed that it was
through CROAK that the Cupertino residents had r~ceived
that information. She felt the JPA may push Cupertino into
a decision before the task force could come up with
alternatives.
Bill Betchart, 10485 Phar Lap Drive, environmental
engineer, stated that his field of expertise was in
locating sites for building waste energy facilities. He
urged that Council appoint an active and balanced citizen
committee. He also stated that he was appalled that the
item was not open to public discussion that evening.
ORDINANCES (continued)
29. (continued)
It was moved by Counc. Rogers, seconded by Counc. Gatto and
~assed unanimously to read Ordinance No. 1231 by title only
and the City Clerk's reading to constitute the second
reading thereof.
It was moved by Counc. ~o~ers, seconded by Counc. Gatto and
passed unanimously to enact Oi:'dinance rJo. 1231.
30. Second reading of Ordinance ~lo. 1233: "An Ordinance of
the CIty of Cupertino Amending Chapter 2.74 of the
Cupertino ¡1unicipal Code Relating to the Cable
',elevision Advisory Committee."
It was ~oved by Counc. Rogers, seconded by Counc. Johnson
and passed unanimously to read OrdInance No. 1233 by title
only and the City Clerk's reading to constitute the second
reading thereof.
It was ~oved ~¡ COJnc. Rogers. seconded by Counc. Gatto Jnd
passed unanirnousl~ to Endct Ordinance ~o. 1233.
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11. Se~ond teading of Otdinance ~o. 1220: "P.n Ordinance of
. the City of Cupertino Adding Chapter 9.12, HazardOu.
Materials storage, to the Cupertino Municlpal Code.-
þ
I t was moved by Counc. ROCJers, seconded by Counc. Johnson
and passed unanimously to :ead Ordinance Ho. 1220 by titl
only and the City Clerk's reading to constitute the second
reading thereof.
þ
It ~as moved by Counc. ROCJers, seconded by Counc. Gatto and
passed unanimously to enact Ordinance No. 1220.
RESOLUTIONS
32. Resolution No. 6151: "A Res01~tion of thp City Council
of the Ci ty of Cupertino Requesting Ca1 i fornia
Department of Transportation Order the Removal of
Automobiles Parked on Highway 85 Right of Way."
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to adopt Reso~ution No. 6151.
UON-AGEIIDA BUSHIESS
33. Recognition by ~layor of special requests.
(a) General Audience.
þ
Ann Anger, ~onta Vista, informed Council she will be out of
the country for 7 weeks and requested that items pertaining
to Monta Vista be deferred until she arrived back.
Hazel Lester, 10650 Linnet Lane, congratulated Council in
their dealing with members of the pUblic wishing to speak
regrarding Bryan Canyon.
i1arge Harriman, President, Cupertino/Sunnyvale League of
~omen Vot~rs, also expressed her congratulations.
(b) City Council
At 11:00 p.m., the meeting was adjourned to Tuesday,
September 6, 1983.
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CC-619
Page 11
Second reading
n'lftttrd. 1220
Ord. 1220
enacted
Res. 6151
adopted