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CC 08-08-78 ~ . ~ . ....J . .' t . . . '....'. . ,~, -'0;,", .' 0-',"''''.'' , "-',<",-, .. , CITY OF Cl'PE!l.T1NO, sun OF CALIFOiJllA 10300 Torre Avenue, Cupertino, CaJ.1fornia 95014 Telephone: 252-4505 MIlIUTES OF 'lBB ADJOURNED RECtJLAIl MEltING or TIlE CITY COUIICIL HELD ON AUGUST 8, 1978 I. THI oomr<:IL ClWCSER, CITY BALL CUPERT1I1O. CALlFOJIJrIA Mayor Jackson called the meeting to order at 7:35 p... in the Council Chamber of City Hall. ROLL CALL Counc. Present: Meyers, O'Keefe (left at 10:35 p.m.), Rogera, Sparks (7:4 p.m.), K3yor Jackson Staff Present: City Manager Quinlan Deputy City Clerk Cornelius Director of Public Works Viskovich Assistant Planning Director Cowen City Attorney Adams Administrative Services Officer Brown PUBLIC HEARINGS 32. Application 10-Z-78 of Daniel J. Duarte: Ptezoning a parcel of ap- proximately .43 acres frolll Santa Clara County R2-8LH {two fslllily residence) to the City of Cupertino Rl-7.5 (single-family residen- tial 7,500 sq. ft. minimum lot size) zone; and ENVIROhMENTAL REVIEW: The Planning Commission recommends the granting of a Negative Dec- larqtion. Said property is located on the east si~e of Merriman Road approximately 300 ft. northerly of Santa Lucia Roa¿. Recom- mended for approval. (a) First reading of Ordinance No. 888: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning a Parcel of Approximately .43 Acres frolll Santa Clara County R2-8LH to the City of Cupertino Rl-'.5 Zone; Located on the East Side of Merriman Road Approximately 300 Ft. Northerly of S~~a :ucia Road." As there was no one present in the audience to address this matter, it was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously by those present to close the public hearing. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan imously by those present to grant a Negative Declaration. (Counc. Sparks arrived at this time) It was moved ~y Counc. Meyers, seconded by Counc. Rogers and passed unan- imously that Ordinance No. 888 be read by title only and the Mayor's reading to constitute the first reading. ~,...- CC-430 Page 1 Public hear- ing closed Negative Dec. granted First reading of Ord. No. 888 , CC-4ßO P1f Items con- sidered jointly Public hear- ing closed Pu~c hear- iweopened Public hear- ing closed Motion failed Negative Dec. granted 11-2-78 ap- proved l4-TM-78 denied Jackson left Chamber . ....:~..~;c....';;''!ië'~,... ",,,,":··~W·""'}"''¡'''''~''''~7 ~-."·-:::-:;:T~· ".', ~:'"i:ç"~r~.·J.... ."..!' -. '. :""-':':"~'N.:"'.- MINUTES OF TIlE AUGUST 8, 1978, CITY COUNCIL MEETIHG 33. Application 11-Z-78 of J...s J. Garber: Coaceptual Development Plan fOr a three-uJlit apartMnt building ud E1IV1JORIŒHTAL REVIEW: The Plannina eo-iasion rec:_ds the ¡rutin. of a Regative Declaration. Said property ia located on the northeast corner of Foothill Boule- vard and Alpine Drive. Rec~ded for approval. PLANNING APPLICATIONS 38. Application 14-TK-78 of James J. Gdrber: Tentative Map to subdivide said property into three air-space condoa1ni~ lots with riahts of ex- clusive occupancy; and ENVIRONMENTAL REVIEW: The Plannin¡ Commission recommends the granting of a Neaative Declaration. Said property is located on the northeast corner of Foothill Boulevard and Alp1ne Dïlve. Recommended for denial. It was moved by Counc. Mey~rs, seconded by Counc. O'Keefe and passed unan- imously to consider Items 33 and 38 togeth~r. Mr. James J. Garber, Los Altos, addressed Council, expressing his preference for condominiums, rather than apartments. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- imously to close the public hearing. By consensus, Council reopened the public hearing to ask questions of Mr. Garber. It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan- imously to close the public hearing. It was moved by Counc. O'Keefe and seconded by Counc. Meyers to re~er applications II-Z-78 and 14-TM-78 to the Planning Commission with the recom- mendation to convert the Conceptual Development Plan to air-space condOll,iniums. The motion failed with Counc. Rogers, Counc. Jackson and Counc. Sparks dissenting. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to grant a Negative Declaration. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to approve Application II-Z-78. It was moved b) Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to confirm denial of Application 1~-TM-78. Because he is " potential land owner in the area to be considered, Mayor Jackson left Chamber and Mayor Pr0-tempore Meyers cheired the meeting during deliberation of the next item. .,'_,'__~,;,(:.. -" i _'r<,~,~",·¡"""'i"'-':_, ~ ""'V"7"7<~1'\'''''~'''"~'''~,r.fI!'"''~'''~~>:'~~':~''~~'(~,r:?~~:~~~ . MtNUTES OF THE AUGUST 8, 1978, CITY COUNCIL MEETING PUBLIC HEA1lINGS (continued) 34. Application l3-Z-78 of Howard Ruth, Jr. & Ala Sillp1tins: asloninl approxilll8taly 2.3 acres fro. P (Planned Deve1opaeát) to -lC (Resi- dential, sing1e-faily cluster) ~one and i!lIV1B.011ŒBTAL REVIEW: The Planning Comadssion recomnends the arantina of a NeF.tti~e Declaratio Said property is located on the southwest corner of Pa~ifica Drive and Whitney Way. ReCOIDBnded for approval. (a) Firat readina of Ordinance No. 889: "AD Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by aezonina Approximately 2.3 Acres from P to RlC; Located on the Southwest Corner of Pac.lfice Drive and Whitney Way." PLANNING APPLICATONS (continued) 39. Application 20-TM-78 of Howard Ruth, Jr. & Alan Simpkins: Tentative Map to subdivide said property into 20 single-family cluster lots and one lot to be held in common ownership; and ENVIRONMENTAL REVIEW: The Planning Commission recommends the granting of a Negative Dec- laration. Said property is located on the southwest corner of Pacifica Drive and Whitney Way. Recommended for approval. . It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan imously by those present to act on ttems 34 and 39 together. ~oward Rut.h, Jr., 2205 Vineyard Ct., Los Altos; TOil Starr, Santa Cruz; Al~n Simpkins; Gordon Neal, 10490 S. Foothill Blvd., spoke in support of the applications. It was ~ved by Counc. Sparks, seconded by Counc. O"Keefe and passed unan imously by those present to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan imously by those present to approve Application 13-Z-78 with Condition 17 amended to read "4 stalls" rather than "4-1/2 stalls". It ~as moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan imously by those present to grant a Negative Declaration. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan imously by those present to approve 20-TM-78 with the removal of "and guest parking stalls" in Condition 16. It was moved by Counc. Rogers, seconQ~d by Counc. O'Keef~ and passed unan imously by those present to read OrdinEmce No. 889 by title only and the MayorPro-tempore's reading to constitute the first reading. Mayor Jacks0n returned to the Chamber at this ti~c. . RECESS - 8:50 - 9:00 p.m. ., :,~: CC-430 Page 3 Items heard jointly Proponents Public hearin closed 13-Z-78 approved as amended Negative Dec. granted 20-TM-78 approved as 81111!nded First reading of Ord. No. 889 " .3~ p.c hear- ing closed Negative Dec. granted l4-Z-78 approved as amended First read- ing 0> Ord. No. 890 1.-78 approved 'Iegativc D",~. grantpd ·'V,-~rl":·~"o.;,~_"7' .' ";~'-" $M;;.';''''~'''~t''t:.:-~ .. MI:~S OF THE AUGUST 8, 1978, ctTY COUNCIL MEETING PUBLIC HEARINGS (continued) 35. Application 14-Z-78 of George Cody (Byrne Avenue Aasocia.es): Preaoning approxt.ately 1.56 acres from Santa Clara County R-3h (Reeidential, 8ingle- family, 8,000 sq. ft. lllinilllua lot size) zone m:d City of Cupertino pre RI-7.5 (Residential, single-faaily 7,500 sq. ft. minimum lot size) zone to City of Cupertino pre-RlC (Rea1dential, 8inale-family cluster) zone to pera1t the construction of eight (8) singleOfsmlly cluster homes and ' ENVlROllKENTAL IU!V1EW: The PlaJmina Commission recoaaends the granting of a Neastive Declaration. Said property is locsted on the southeast and southwest corners of Byrne Ávenue and Stevens Creek Boulevard. Recommended for approval. (a) First reading of Ordin..nce No. 890: "An Ordinance of the City of Cuo,,=tino Amending Section 1 of Ordinance No. 2 by Prezoning Approx- imately 1.56 Acres from Sants Clara County R-3h Zone and City of Cupertino Pre Rl-7.5 Zone to City of Cupertino Pre-RlC Zo~e to Permit the Construction of Eight (8) Sing1e-Vamily Cluste< Homes; Located on the Southeast and Southwest Corner of Byrne Avenue and Stevens Creek Boulevard." George Cody, representing Byrne Avenue Associates, addressed Council regarding Condition 16 of the application. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- illlously to close the public ~c4ring. It was lIIoved by Counc. Meyers, seconded by Counc. RolJers and passed unan- imoudly to grant a Negative Declaration. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to approve Application l4-z-78 with Condition 16 amended to read, " property line or back of sidewalk to face of garage." It was moved by Counc. Meyers, seconded by Counc. Sparks and passed u,¡au- iIIIously to read Ord~nance No. 890 by title only and the Kayor's reading to constitute the first readinc PLANNING APPLICATIONS (continued) 40. Application Il-U-78 of Michael Del Monaco (Anthony's Pier): Use Permit to construct a sit-down restaurant consisting of approximately 7,500 sq. ft. on a 1.38 acre parcel and ENVIIONHENTAL REVIEW: The Planning Commission recommends the granting of a Negative Declaration. Said property is located on the southwest corner of the intersection of North De Anza Boulevard and Highway 280 in a P (Planned Development with commercial, industrial, residential use intent) zone. Recommended for ~pproval. It was moved by Counc. Sparks, seconded by Counc. ~eyers and passed unan- imously to approve 'pplication Il-U-78. It was moved by Counc. Sparks, seconded by Counc. M~yer9 and pasßed unan- imously tJ grant a Negative Declaration. ;'). .. . '-', .or, " "1 . -':...~ '<";.'-:'~lr...~'~·;· ~:-'":',¡~ '';'~'~':;:'T~~t<:;fs;r:~'~:r~~'~ r:fVf5;, '\,' MINUTES OF TIlE AUGUST 8, 1978, ctTY COUNCIL MEETING . 41. Applicati~n 12-U-78 of Thcrnwood Associates: Use Permit to allow a a ~-down restaurant (Pizza Parlour) to occupy approxt.ltalJ 3,000 aq, ft. in the existi'18 Brunswick Shopping Center and ElfVIlDlOd4rAL IIVI The project was previously assessed and DO action required. SaU propert~ is located st the southeast corner of Stelling Roed and ø stead Road in a P (Planned Development with rncreatioual!enterta~.ent and incidental cOllDercial intent) Zone. RecODDended for approval. Ron SlIIithson, San Jose; Richard Hall, Los Gatos; Hark Pierce, attornaJ, representing Brunswick IIotMst..C Lanes spoke in behalf of the Application. It was moved by Counc. Sparks, seconded by Counc. Keyers and passed unan- imously to approve Application 12-U-78 with J~iIII~ seating capacity of 65 for the restaurant. It was moved by Counc. Spalks, seconded by Counc. y,'y..rs "",d pr.ssed unan- imously to affirm a Negative Declaration. . 42. Application 13-U-78 of Thornwood Associates: Use Permit co allow a health spa to occupy approximately 4,800 sq. ft. in the existing Brunswick Shopping Center aud ENVIRD~TAL REVIEW: Tl:e project was previously assessed and no action required. Said property is located at the southeast corner of St~lling Road and Homestead Road in a P (Planned Development with redcreational!entertainment and incidental commercial intent) zone. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- imoualy to approve Application 13-U-78. It wa~ lIIoved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to affirma Negative Declaration. 43. Appli<~tion 14-U-78 of Thornwood Associates: Use PeL~t to allow a coin-operated amusement electronic game center to occupy approximately 1,600 sq. ft. in the existing Brunswick Shopping Center and ENVIRON- MENTAL PEVIEW: The projeet was previously assessed and no action re- quired. Said property is located at the southeast corner of Stelling Road and Homestead Road in a P (Planned Development with recreational! entertainment and incidental commercial intent) zone. Recommended for denial. Carl Liller, Cupertino, potential manager of the amusement center; Ron Smithson, owner of the proposed business; O'Patti Brisco, Monta Vista and Floyd Meyer, Cupertino, spoke in favor of the application. Mark Pierce, attorney; Wayne Johnson, manager of McDonald's Restaurant, spoke in opposition to the granting of a use permit. . It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed with Counc. Jackson dissenting to approve Applieation 14-U-78 with the follow- ing conditions: _.~--_.~ CC-430 Paaa 5 12-U-78 approved Negative Dec. granted 13-U-78 approved Negati'~e Dec. gr&nted Proponents Û',>ron""ts 14-U-78 approved "/ conditions _3~ . 16-\;-78 ~nd 19-TM-78 approved, Neg ative Dec. granted . :' ,··..t·~{,. :"'-.~¡:;,~-;....-.,"'''''''-~~~,~ -.-,-:,. '."'1'!'7'-' ":""",~1',-". ~~t)~''!~<':'"''-'~~''T'' CONDlTmNS: 1-14. Standard Conditions to the extent thAt they do not conflict with the special conditions enUIIISrated herein. In the event . contlict doe8 exist. the 8peCW contlition8 enllller.ted herein .h811 apply. 15. The approval is ba8ed upon Exhibit8 A and B of Application 14-U-78, as ....y IN! .odified by a-:ditional conditious contained herein. 16. That the us.. permit is conditioned upon the continued viability of a reciprocal parking agreement. And if for any reason the agreement is terainated this use permit may be subject to review. 17. That the granting of this u~e permit is eubject to review at the end of one year's time with potential revocation of that use permit if excessive law enforcelllent problems associated with the game room become evident. 18. The applicant shall install secure bicycle racks of a type, location, and nuaber to be approved by City staff and the property owner. The conversion of as many as cwo perkins stalls may be permitted to pro- vide a aini bicycle storage area if it is deemed to be desirable. 19. The hours of operation shall coincide with the existing curfew in the City of Cupertino, but not to exceed 10:00 p.m. 20. The operation shall be under constant supervision by at least one adult (person 18 years old or over), including at the request of City staff an on-site security guard. 21. The a~'~icant shall be responsib1~ for any extraordinary police related expenses as a result of the proposed operation and said costs to be determined by the City of eu,ertino and the Sheriff'~ Of fice. 44. Applications 16-U-78 and 19-TM-78 of Vallco Park, Ltd. (Tandem Com- puters): Use Permit to construct a two-story industrial manufacturing and office building consisting of approximately 158,000 sq. ft. on a 17 acre parcel; Tentative Map to divide approximately 28.5 acres into four parcels and ENVIRONMENTAL REVIEW: The Planning Commission recom- mends the granting of a Negative Declaration. S~id property is located on the north side of Vallco Parkway approximately 1,500 ft. easterly of Wolfe Road in an HP (rlanned Manufacturing) zone. Recom- mended for approval. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- imcuslv to approve App1ichtions 16-U-78 and 19-TM-78. It was mov~d by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to affirm a Negative Declaration. ,. -~ _wo'_-.'.. . . . -""'"!JWI-"; ~.- ,.4?:,Y'·"'~~,.;.fT~~l ,~~{~fi'j~0~~,~,~~0.~ ,,', '. , ~"", MINUTES OF AUGUST 8, 1978, CITY COUNCIL HEETING (Counc. Sparks left Council Chaaber at 10:14 p...) ITEMS REMOVED FROM CONSEIn' CALENDAIl 17. Resolution No. 4778: "A Resolution of the City Council of the City of Cupertino Bstablishina Schedules of Pay Grades and Salary Schedules for Various Clasaifications, Poaitionø and Employee Units.' It was moved by Counc. Heyers, seconded !>y Cc....tc. Roaers and passed with Counc. O'Keefe dissenting and Counc. Sparks absent to adopt Resolution No. 4778. (Counc. Sparks returned to Chamber at 10:19 p.m.) 18. Resolution No. 4779: itA Resolution of the City Council of the City of Cupertino Amending Policy Number Four (No.4) of the Management Compensation progr_." By consensus, Resolution No. 4779 was returned to staff for revision. UNFINISHED BUSINESS 47. Report on bid opening for City Hall F.~~rgency Generator, Projects 78-14 through 78-17 and award of contrac.9. (continued frolll meeting of July 17, 1978) It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to award the contracts for the electrical, mechanical, plumbing work on the City Hall Emergency Generator as recommended by sta f. The Miscellaneous bid was rejected, with City forces to undertake the work. $9,800 was designated for purchase and installation of generator; $7,000 for City labor, material and fuel; $3,000 for architect's fee; Council appropriated $19,400 from the General Fund over and above the $15,Or,0 already appropriated and authorized expenditures of the total with reim- bursement to be received from the federal government. Counc. O'Keefe requested that Item 63 be taken out of order as it was necessary for him to leave the lIIeeting shortly because of family illness. RESOLUTIONS 63. Resolution No. 4771: itA Resolution of the City Council of the City of Cupertino Condemning Actions Taken by the Soviet Union Against Dissi- dents in that Country." It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan- imously to adopt Resolution No. 4771 with the first sentence, third para- graph amended to read, ''Now, therefore, be it r..solved that it is the sense of the Council that the recent actions taken by the Soviet Union against Yuri Orlov, Alexander Ginzburg and Anatoly Shcharansky a~e to be condemned as in violation of the Helsinki Accord.1t CC-430 'ase 7 Res. No. 4778 adopted Res. No. 4779 returned to staff Contracts awarded; mis- cellaneous bids rejected Item 63 taken out of order Adopt Res. No 4771 as amended .30 Page 5 Continued Res. No. 4758 adopted as amended . Request denied Claim re- ferred to City Atty. Claim to be hur.ored, re- lease ob- tained . ~"3'''-''I''''''·''''''~'·':''''·''''~'!I!-;!">'\f",'~''ii'''~~':;''"''''\?r'",~,'!I'<""'~ " '-~':~: ";'." '~",:';i."'· "'. " ,'. """> t/,..':~.:>~...;: ".: ,:(,?,~\"::;.\;.:,,t. .- . MINUTES OF THE AUGUST 8, 1978, CITY cœJfCIL MEETING UNFINISHED BUSINESS (contiDued) 48. Discussion on proposed Planned Uøit Development Ordinance. By consensus this item was continued to August 21, 1978 at Coun... O'Keefe'. request. (Counc. O'Keefe left at 10:35 p.m.) 49. General Plan Land Use Element A1Denclllent: Submission of Planning (,0_ mission report regarding City Council changes. It was moved by Counc. Meyers, seconded by Counc. Rogers and passp.d unan- imously by those present to adopt Resolution No. 4758 with the following amendments: Site E - Planned Residential, 15-35 UPA Site G - Planned Commercial/Residential, 10-25 UPA Site H - Planned Light Industrial Site N - Planned Residential, 10-20 UPA NEW BUSINESS 50. Request for permission to allow parking on the southerly side of StevP~s Creek Boulevard near the intersection of Randy Lane and Stevens Creek Boulevard from December 1 through December 25, 1978 for C"Tistaas tree shopping. It was moved by Counc. Rogers, seconded by Counc. Meyers and passed with Counc. Sparks dissenting to deny the request. 51. Claim of Dr. Jin S. Chung and Yang Ja Chung fOT damages to residence caused by f~lling tree. Following the City Attorney's recommendation, it was moved by Counc. Sparks, seconded by Counc. Rogers and passed unamimously by those present to refer the claim of Dr. Jin S. Chung and Yang Ja Chung to the City Attorney for recommendation. 52. Claim of Ruth Fi~h~r for damage to tire caused by running over a part of a vehicle met~ring device. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously by those present that, upon execution of the appropriate release form. claim of Ruth Fisher be honored in amount of $60.57. WRITTEN COMMUNICATIONS 54. Request for appaarance by MT. Floyd Meyer relating to specified questions. Floyd Meyer addressed Council regarding questions he had submitted previously. No action was taken. , . . . "~'-'":";'T,,,,,,.,,:~~;,~, . '(4;"P'~,~~,::r,~ì';~~~~:-~:~~~.~'i~~:.1:F~wJ".::"" ; .;., ',,', , .... ",¡,;;;~,.,,",.,~ "','.' s(__~,,,, '<":':",;~¡" .~ mNUTES OF TIll! AUGUST 8, 1978, CITY COUNCIL KEBT1NG 55. Petition requesting the deletiOD of the exietinl road illlpro~nt pløn for Sønta Paula, Mira Vista ønd Palm Ave...... frOll the Canara1 Plan. Gordon G. Neal, 10490 S. Foothill Blvd., addre..e.t Council, requeatin8 that Counc. Me:,,'·rs not taks part in this matter bec_a of his preferenca to not close st'eets. City Attorney Adaas aave hie opinion that there vae nothing to rule on at this time. In a quasi-judicial hearing Hr. Neal MY challenge On prej udice. It was lIIoved by Counc. Sparks, eeconded by Counc. O'Keefe and passed unan ilKusly by thoae present to refer the petition ~o ataff and hold a public hearip~ in conjunction with the Circulation Element of the General Plan. ORDINANCES 57. Urgency Ordinance No. 894: "An Ordin3nce of the City of Cupertino Amending Paragraph B of Section 17.32.070 of the Cupertino Municipal Code, Relating to Residential Resl Estate Signs, and Declaring the Urgency Thereof." It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- imously by those present to read Ordinance No. 894 by title only and the Mayor's reading to constitute the reading. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to enact Ordinanc6 No. 894. 58. Second reading of Ordinance No. 872: "An Ordinance of the City of Cupertino .~~nding Section 1 of Ordinance No. 2 by Prezoning Approxi mately 11 J~res from Santa Clara County A and Al-l Acre to City of Cupertino 'a1C; Located at Northwest Corner of California Oak Way and Stevens C~..eek Boulevard." It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously by those present to read Ordinance No. 872 by title only and the Mayor's leading to constitute the second reading. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imo~sly by thoFe present to enact Ordinance No. 872. 59. Second Reading of Ordinance No. 885: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi- mately 13.1 Acres from Al-43 to Rl-IOO; Located at the Southerly Terminus of Regnart Road." Jo Ann Gholson, Regnart Rd.; Dorothy Wright; Lawanda Bell; Kathy Nellis addressed Council. It was moved hy Counc. Meyers, seconded by Counc. Sparks and passed unan- imously by those present to read Ordinance No. 885 by title only and the Mayor's reading to constitute the second reading. ......... CC-430 Paae 9 lteque8t re Counc. Meyer. City Atty. opinion Petition re- ferred to staff, pub- lic hearing to be held Reading of Ord. No. 894 Ord.~. 894 enac t .d Second read- ing of Ord. No. 872 Ord. No. 872' enacted Second read- ing of Ord. No. 885 CC-4'0 P,'lO Or . No. 885 enacted . First read- ings of Ords. 891, 892 and 893 Public hear- ing 9/5/78 First read- ing of Ord. No. 895 .' No. 4728 pted , 1., ,~,':' ","'- '[', "," " . ,.,.;,' , , MINUTES OF TIlE AUGUST 8, 1978, ctTY COUNCIL KEETING It was moved by Counc. Heyers, seconded by Counc. Sparks and paned UDan- tBously by those present to enact Ordinance Ro. 885. 60. Modifications or changes to Un1fora Buildina, PluaUna and Mechanical Codes. (a) Resolution No. 4766: "Resolution of the City Council of the City of Cupertino Kakina EKpress Pinding that Certain Modifications of Changes to the Uniform Building Code (1976 Edition), the Unifora Plumbing Code (1976 Edition) and the Uniform M4ò,~hanical Code (1976 Edition) are Reeded." (b) First reading of Ordinance No. 891: "An Ordinance of the City of Cupertino Amer.dina Chapter 16.20 of the cupertino Municipal Code by Adopting the 'Uniform Plumbing Code', 1976 Edition and Appropriate Exceptions Thereto." (c) "An Ordinance of the City of the Cupertino Municipal Code Code', 1976 Edition and Ar;~opri- First reading of Ordinance No. 892: Cupertino Amending Chapter 16.24 of by Adopting the 'Uniform Mechanical ate Exceptions Thereto." (d) First reading of Ordinance No. 893: "An Ordinance of the City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code by Adopting the 'Uniform Building CodL', 1976 Edition and Appropri- ate Except~ons Thereto.1t It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously by those present to read Ordinances No. 891, 892 and 893 by title only and the Mayor's reading to constitute the first reading. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously that a public hearing be set for September 5, 1978. 61. First reading of Ordinance No. 895: "An Ordinance of the City of Cuper- tino Repealing Chapter 10.24 of the Cupertino Municipal Code, Relating to Fireworks." It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 895 by title only and the Mayor's reading to constitute the first reading. RESOLUTIONS 62. Resolution No. 4728: "A Resolution of the City Council of the City of Cupertino Making its Order Describing the Boundaries Designated as 'Regnart 77-10' to ~e Annexed to the City and Ordering Annexation to the City ADproximately Fifty Acres, More or Less." It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously by those present to adopt Resolution No. 4728. . . , " ,~,'/ .'¡o". MINUTES OF TIlE AUGUST 8, 19~8, CITY COUNCtL MEETt1lG It was IIIOved by Counc. Spun, seconded by Counc. Kayars and passed _- imoualy by those present to send a letter to the County Board of Supar- visors translll1ttina written teatilloDy raaarcling De All.. Louale, It was IIIOved by Counc. Rogers, aeconded by Counc. Meyen and passed unan- imously by those present to adopt a .inute order extending statute of limitations applicable to claf. of Eureka Fedara1 Savinas & Loan (Resolu- tion No. 4541) for an additional six months from August 17, 1978 to February 17, 1979. Staff was dir.,cted to refer ....ggested library hours to the County library for response. A budget study session was scheduled for 7:30 p.m., Monday, August 14, 1978. Council also requested that information reaarding the boundary study report which will be submitted to LAFCO be presented to thelll at the study session. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to grant a solicitation permit with waiver of business license fees to United ¡ay of Santa Clara County. Counc. Meyers was directed tc use his awn discretion regarding voting at the Transportation Collllllission meeting. The City Manager will present Council with a report pertaining to a pos- sible LEAA grant for staffing in the County Justice System. At 12:20 a.m. the Mayor adjourned th~ meeting to Monday, August 14, 1978, "' "" ,.0. ,., 0 ,....' .,..y "'d=ß~ t:'2¿.:, Deputy Ci;; ~éllrk cc-430 Pap 11 De Anze touDae Statue of liaitations ire E\lreka clailll Library hour Budget session Business license f'2~ waived Transporta- tion Comm. County Jus- tice Sy~ to>.,. "