CC 07-17-78
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CITY OF CUPERTtNO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CaI10rnia 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 17, 1978, tN THE COUNCIL CIIAKIIU, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Pro Tempore Meyers called the lIIeeting to order at 7:33 p.lII. in the
Council Chamber of City Hall.
SALUTE 1:0 THE FLAG
ROLL CALL
Counc. Present:
Counc. Absent:
Meyers, O'Keefe, Rogers, Sparks (8:25 p.m.)
Jackson
Staff Present:
City Manager Quinlan
Deputy City Clerk Cornelius
City Attorney Ada~s
Director of Planning and Development Sisk
Director of Public Works Vlskovich
Assistant Planning Director Cowan
Director of Parks and Recreation Butler (8:20 p.m.)
. CONSENT CALENDAR
It was moved by Counc. O'Keefe, seconded by Counc. Roaers and passed unan-
imously to approve the Consent Calendar.
1. Resolutior, No. 4748: "A Res.:>lt.tion 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 Ceneral and Miscellane-
ous Expenditures Billing to the End of the Fiscal Year June 30, 1978."
2. Resolution No. 4749: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Funds as Hereinafter Describeù for Salaries and Wages for
the Payroll Period Ending July 4, 1978."
3. Resolution No. 4750: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Fw,ds as Hereinafter Described for General and Miscellane-
ous Expenditures for the Ten Day Period Ending July 10, 1978."
4.
Resolution No. 4751: "A Resolution of the City Council of the City of
Cupertino Making its Order Describing the Boundaries Designated as
'Madera 78-1' to be Annexed to the City and Ordering Annexations to the
City Without Public Hearing as Provided hy Law; Approximately 1.15 Acre
Located on the South Side of Madera Road Between Mercedes Road and the
West End of San Juan Road."
.
CC-427
Page 1
Consent Cal-
endar ap-
proved
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MINUTES OF THE JULY 17, 1978, CITY COUNCIL MEETING
CONSENT CALEllDAIl (continued)
5. Resolution 110. 4752: itA Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Palm 78-14' to be Annexed to tbe City and Ordering Annexations
to the City Without Public Hearing as Provided by Law; Approximately
0.9194 Acre Located on the East Side of Foothill Boµlevard Between
Walnut Circle South and Palm Avenu.....
6. Re301ution No. 4753: "A Resolution of the City Council of the City
of Cupertino Accepting Quitclaim Deed frOlD Will18111 K. Adam, I'.srgaret
Adam an,! Phyllis Chestnutt for Various Easements; Tula Lane.1t
7. Resolution No. 4304.30: "A Resolution of the City Council of the
City of Cupertino Approving Contrar~ Change Order No. 7 for North
De Anza Boulevard Assessment District Project 76-14."
8. Acceptance of Municipal Improvements - May Investment, Terry Way.
9. Acceptance of Municipal Improvements - BAS Homes, Tract 5907, De Anza
Blvd.
.
10. Application HC-5I,38l.2 - Home Federal Savings and Loan Association
requesting approval of modification of front setback landscaping for
a financial building at the southeast quadrant of nlller Avenue and
Stevens Creek Boulevard. Recommended tor approval.
11. Application HC-5I,027.18 - To.re Professional Center requesting
re-approval of site, architecture, landscaping and grading for a
professi~nal office building as part of a five unit office complex.
Previous ASAC approval expired prior to construction. Property
is located on the west side of Torre Avenue between Rodrigues and
Pacifica Avenues. Recommended for approval.
12. Application HC-5l,463.1 - Oxbow I~nd & Development Colllpany requesting
approval of site, architecture, landscaping and grading for construc-
tion of a duplex on Santa Clara Avenue between Grand and Alhambra
Avenues. Recommended for ap?roval.
13. Application HC-5I,OI5.9 - Kessler Merchandising Company requesting
approval of architecturp for remodel of an existing storefront
within Crossroads Shopping Center at the southwest quadrant of De
Anza and Stevens Creek Boulevards. Recommended for approval.
,
14. Application HC-5I,23O.ll1 - George.KP.u Associates requesting approval
of architecture for remodel of an existing stc~efront at Homestead
Square Shopping Center, southwest quadrant of Homestead Road and De
Anza Boulevard~ Recommended for approval~
15. Minutes of adjourned regular meeting of June 30, 1978. (CC-424)
16. Minutes of regular meeting of July 3. 1978. (CC-425)
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
O'Keefe. Rogers. Meyers
None
Jackson, Sparks
None
,
lS.
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AppUc:aåcl1l 30-%-77 of Jeft"! Xacluûo .. vuu.~; IuOIdIIf
&09tGlwu1, 13.1 Ims !!oe 11-43 <1Iti~IIltu!tl.wüeW1, lUll
f&IIUy, l-acre lac "<fti_) ~ J,l-lOO (1u14aUs1, I1qle-fallU)'
:00,000 aq. ft. pc 4well.1q IID1c) _ EIIVUOIIœIUI. UVIZII'I !o
&cUo.. requ1ncl. n. projecc vaa I%_ced a 3epU... :Iecluaciola _
¡ ecahr 20, 1977. $aU PEOfeny 1& loc:ace4 ac che aow:lledy celP
1=8 of bpare 110&4. bco ~e4 for ",pro.al. ('r2Ua a"Uc:au,otI
Co be !lurcl in C:OIIj~ vUlt AppUc:aUo1a 3Z-~77.) (C:OIIc1IIwI4
f:ra ...C1q of 1ul)' 3, 1978)
(a) Finc nacl1q of Or~i~·-e 30" 88.5: "M ~e of tile <:1C)'
of Cupuc1Do .--.".". S..,u.oli 1 of OrIÜlWlc. 30. Z b)' laao!l1q
"Ppr01Wlacal)' 13.1 Ac... fr.. Al-43 co U-1OO; Locue4 ac tile
Souebul)' tan1Aua of latA&" 110&4."
·
i't.I.'III:IC .I1'PUCo\rIOI!IS
24. AppUc:aciola 3Z-~77 of 1.ft'J llarkalo , 111111_ IfcGu1ca: tucau,...
!lap co r..ubd1v1da thre. Iou colIPd.1q approz1Mtaly 13.1 all:&'''
inca four lata &JIIi IIIVtIØIIIIEIIUI. IEV'tIIlI 10 accioli requirecl. Tba
proj.c:c vu annuct a ",u,... llac:luaC1oI1. Oli Dec:_ar 20, 1977.
S&icI prop.e"y ia locace4 ae tile aouebuly cemiAus of blll&r1: 1øa4.
~.ct for appr~. (Thia ",pl1c:atioli to b. hurcl in C:OlijUliC-
tio.. vieb Applic:acio1l 30-%-77.)
l'n..caUOus - 1111 ¡fc:c..1r., appl1c:ane; Jo"= Cholao..
C"lIÀiUoli 30. 15 of l'1·.....~1 Cotai.a.ioli i.uoluc1011 So. 1944 vas lIIud.d <...,a.üUOI1S
co .H·...·ca tile vorel "eb." prac:act1I!.I û. worel "join" in the a.c:oDet liDa. _ctK
lor c:lar1lic:acioll, ic YoU aøcad tllee Coud1CioQ 17 ralen to four pareala.
CoødiC1oIi 17 vu acctact .. ~ollow,
·
Adcl cha follow1q co eb. a""OIIcI p.eraaraph: "In l1eu, ebareof. tile final
-, MY be rec:orclad at RCb c~ as tile aubcU.vUer e..cara into &Ii apprapri
aC. al%_C rtch the <:1C)' ........caa1D¡ by poeU", &A apprapriace bollÀ 0:-
C&å clapo.1C tlliLC screec 1Içrov......c. vUl be inscalled at rile eI..,.lopu'.
~. for all roadvays vitIUA ebe bo1lDclan.e. of the s:J1lcl1v1aioli _ pro
ne. .bar. of tile public 1Içr..._u "'''.&:&')' to provUe roacllray 1m-
prov_lies frOll the cract bcnIII4aC)' co tile uisl:1q Úlprovact ,OR1011 of
ilapaR !!oe4."
Add che foUoviq co the th1rct I'uqraph: '''n.a pro-rac. sbar. .ball b.
clal1Aact u tile 1IIIÙU of pareal:; o1ù.1pcad for the Úlpravuut of I&l'I&rt
lDad ac cha C1M the ~c a...-·~,= ia uaeucecl. Sub..qualic to
the uacuciOll at the aar_e if adAUc:1otlal lots ara recordeel vbic!L re-
quire the 11M of Ia pl&rl: load, the pro-race share for cll1a elev.lo~c
sball be aeljuauct acc:ori1A¡ly."
It vas IIOVK by CoUILC. IDlers, a......dK by Co....c:. O'x..le &AeI puse4 _- Publ1c: hur~::;
1:IIously to c:lo.. the public b.aar1na. closK
I: vas IIIOVK by CoUliC. lD.ers, ..c01lGact by CoUliC:. lla)'ers &lid PUSK UII&D- 30-%-7i
imousl7 to approve Applicacioli 30-%-77. pp~r,vecl
1rs~ ru.¿i::;
f Orcl. :10.
885
·
It vas !IOvecl by CoUILC. Relers, .......cI.cI by CoUDC. O'lta.fe and passad UZI&Ii-
1:oo1l&1y co approve Appl1c:aciOl1 32-~77 subjecc to collÀicio11S cOGtaine4 in
l'1~i"l eo..u.io.. lasoluU"" 30. 1844, as &IUI1c1eel.
Ic vas IIIOVK by Co1mc. Relers, s.cOllclecl by COUDC. O'!aale &AcI passecl Ulian-
1:IIoua1y to reacl Orcl1Dalu:e )10. 88' by tiele olÙ.y allÀ che ~yor' s nacl1", to
c011SciCute the first ruclina.
pmIC IIUlU.'iGS (COQcinuact)
19. CiC)' of eup.rl:1Do: Public liaarinl co co...1cIar a c:c"",rahel1s1ve ......cI-
_c to the c....ral P1&11 &lid DVIIICIIIID'1:A IIEVIE'.: The PlallA1"l Co....
111&.1"" rec_aM- the ¡ra;a1:1q of a JIa.acive Dec:luaUoli. lacoo-
MIIcIe4 for approval.
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CC-427
P.4
MINUTES OF 'l1IE JULY 17, 1978, CITY COUNCIL HEETtNG
PUBLIC HEARINGS (continued)
19. (a> Resolution No. 4758: "A Ret'olution o£ the City Council of the
City of Cupertino Adopting an Amendment to the Land v.. Element
of the General Plan."
^"",ndments
Site A - The staff recommendation to reflect recently approved zoning plan
(24-Z-77) was approved by consensus.
Site B - The staff recommendation of Res1dential 5-10/acre was &pproved
by consensus.
Site C - Pres~ntations - Mrs. Dorothy Helman, property own~r, spoke in
favor of the Planning Commission's consensus on this parcel.
By consensus, Council approved the Planning Commissi7O's consensus of
Residential 5-10/acre.
Director of Parks and Recreation Butler arrived at ò:¿O p.m. Counc. Sparks
arri"ed at 8:25 p.lII.
Site D - The s~aif recolllUlf,ndation of Residential lo-20/acre was approved
by c.onsensus.
.
Site E - Presentation - Mr. Gary Hansen of Franchise Realty ~poke in favor
of mixed residential/co~rcia1 use. Mr. Martin Hall spoke in favor of
residential use for the area.
By consen$us, Council approved the staff recommendation of Residential
20· 35/acre.
Site F - Preser.tation - I¡r. James Walker representing an owner of the
property stated the owner's preference for commercial zoning.
By consensus of 3-1 (Counc. Rogers dissenting), Council app-'ved the Planning
Commission's consensus of CG/Residential mix 10-20/acre.
Site G - Presentation - Ed Storm, representing the property owner, spoke
in favor of mixed use on the property frontage with 15-25 units per acra
densitf·
It was Council's conso>nsus to approve Plaunil1g C01IIIIIission' s consensus of
CG, HL/R Mix, but to change the :~nsity from IO-20/acre to IO-25/acre.
Site H - Presentations - AI Streger, District Manager for California
Water Co.; Dr. Jos~ph Brown, property owner (spoke in favor of industrial); Mr.
James Walker.
.
By consensus Council approved planned industrial use for the site.
.":,'"',....~.
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MINUTES OF THE JULY 17, 1978, CITY COUNCIL KEETI~
PUBLIC HEARINGS (continued)
Site I - By conSeD8US (3-1, Counc. Sparks dissentina) the Planning CoIlllÚS-
sion's consensus of Residential 20-35/acre was approv&d.
Site J .. The staff recoaaendation of Residential 20-35/acre was approved
by consensua.
Site K - The Planning Commission's consensus of Residential 10-20/acre was
approved by consensus of the Council.
Site L - By Council consensus the staff recommendation of Residential
10-20/acre was approved.
Site N - The staff recommendation of Residential 10-20/acre was approved by
Council consensus.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed ~nan-
imously to approve the Negative Declaration.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imo~sly to refer this matter back to the Planning Commission as Council
revisions represent a significant change.
IIJ RECESS - 9:40-9:55 p.m.
20. Application 9-U-78 of Dr. Joseph F. Brown: Use Permit to allow con-
struction of an industrial building containing approximately 36,500
sq. ft. and EHVtRONMENTAL REVIEW: No action required. The project
was assessed previously in conjunction with an earlier application
submittal. Said property was located at the northerly terminus of
Bandley Drive. Recommended for denial.
It was moved by Counc. Sparks, seconded ~y Counc. O'Keefe ard passed unan-
imously to close the public hearing.
It was moved by Counc. Sparks, seconded by ~ounc. O'Keefe and passed unan-
imously to approve Application 9-U-78 pursuant to the conditions contained
in Planning Commission REsolution No. 1865.
21. Application 6-Z-78 of Peninsula Capital Group, Inc.: Pre zoning approx
imately 11 d~res froø Santa Clara County A (Exclusive Agricultural)
and Al-I acre (Agricultural/Residential. 1 acre minimum lot size) to
City of Cupertino RIC (Residential, single-family, cluster). Said
property is loc~ted at the northwest corner of California Oak Way and
Stevens Cree~ Boulevard. Recommen¿~d for approval. (This application
to be heard in conjunction with Application 6-TM-18.) (continued from
meeting of May 16, 1978)
.
(a) First reading of Ordinance No. 872: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately II Acres from Santa Clara County A and Al-l Acre
co City of Cupertino Rl-C; Located at Northwest Corner of Calif-
ornia Oak Way and Stevens C.eek Boulevard."
CC-421
Page 5
Negative
Declaration
approved;
Referred to
Planning Com.
Public hear-
ing closed
9-U-78
approved.
CC-427
.6
Pùblic hear-
ing closed
6.8
approved
Cond it ions
amended
.
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MINUTES OF THE JULY 17,1978, CITY COUNCIL MEETING
PLANNING APPLICATIONS (continued)
25. Application 6-TM-78 of Peninaula Capital Gr'.:upa, Inc.: Tentative
Map to aubdivide approximately 11 acre~ into 36 single-family cluater
lots plus one lot to be held in common <¥Derehip. Said property ia
located at the northwest corner of California Oak Way and Stevena
Creek Boulevard. Recommended for approval. (This application to be
heard in conjunction with Application 6-Z-i8.)
Presentations - Walt Hoskins, civil engineer for Peninsula Capital Groupa,
Inc.; Mr. Paul Oliphant, acoustical expert (demonstration of noise 1ev~1
in the area of the proposed development); Al Kruger, Wastridge resident
(objected to the fortress effect of solid wall fencing); Wm. Wunderlich
and Margaret Wunderlich, Mossy Oak Court (concern re heieht of homes);
representative of the firm of Pag~, cloudsley and Raleix, architects for
the development (addressed previous concern); Jim Murray, De Anza Oaks
(in favor of pr~posed development, hoping that it would alleviate some
of the motorcycle problems in the area); O'Patti Brisco (concern that the
people potentially livinr, in the area be apprised of the noise and number
of cement trucks and trai,~ uSing the roads and rail in that ares).
It was moved by Counc. Sparks, s6conded bv Counc. O'Ke~fe and passed unan-
imously to close the public hearing.
It was moved by Counc. Sparks and seconded by Counc. O'Keefe to approve
Application 6-Z-78 pursuant to Planning Commission Resolution No. 1828.
The motion was amended on motion of Counc. Rogers and second of Counc. O'Keefe,
to approve the application with Conditions 17·aDd- 23 Sllended and Conditions 24 and 2
added.
The amended motion passed with Counc. Sparks dissenting.
The original lIIotion as now amended passed unanimously.
The amendments to the conditions of Planning Commission Resolution No. 1828
are as follows:
Condition No. 17 to read, "The fencing of the westerly, easterly and northerly
property line shall be reviewed and approved by the Architectural and Site
Approval Committee. The fencing design shall be of an open type to be
compatible with the open, natural terrain of the immediate adjoining properties
except where required for sound attenuation. It
Condition No. 23 to read, "A covenant ~¡'all be recorded running with the
lat.d as approved by the City Attorney which informs future ] ot purchasers
of existir~ noise conditions resulting from external noise sources including
heavy trucks and trains and further referencing the acoustical consultant's
report d..ted February 23, ] 978."
~.
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.
MINUTES OF THE
JULY 17, 1978, CITY COIJNCIL MEETING
Condition No. 24 to be added as follows: ''Noiae attenuation has to be
demonstrated to staff prior to occupancy of buildings."
Condition No. 2~ to be sdded as follllV8: "Double panes shall be used in up
story windows facing Stevens Creek Boulevard."
It was moved by Counc. Rogers, seconded by Counc. Sparks and paseed unan-
imously to approve Application 6-TK-78 pursuant to conditions set forth
in Planning Commission Resolution No. 1829 with conditions being amended
to read essentially the same as amended conditions of Plannina Commission
Resolution No. 1828.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously to read Ordinance Nn. 872 by title only and the Mayor's reading to
constitute the first reading.
PUBLIC HEARINGS (continued)
.
22. Application 3-Z-78 of Domus Development Corporation: Rezoning 1.79
acres from Rl (Residential, single-family) and R3 (Resid2ntial, multi-
falllily) to P (Planned Development with single-family residential
cluster intent) zone. Said property is located adjacent to and north-
erly of Stevens Creek Boulevard approximately 100 ft. east of Randy
Lane. Recommended for approval. (This application to be heard in
conjunction with Application l-U-78.) (continued from meeting of June
5, 1978)
(a) First reading of Ordinance No. 875: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No.2 by Rezoning 1.79
Acres from Rl and R3 to ~; Located Adjacent to and Northerly of
Stevens Creek Boulevard Appr(,ximately 100 Ft. E&st of Randy Lane.'
PLANNING APPLICATIONS (continued)
26. Application l-U-78 of Domus Development Corporation: Use Permit to
construct 21 townhouses. Said property is located adjacent to and
northerly of Stevens Creek Boulevard approximately 100 ft. east or
Randy Lane. R~commended for approval. (This application to he heard
in conjunction with Application 3-Z-78)
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to continue Application 3-Z-78 and Application l-U-78 to the meetin
of August 7, 1978, per applicant's requ..st.
PUBLIC HEARIHGS (continued)
.
23. City of Cupertino: Public Hearing to consider an ordinance regulating
hillsiùe residential development including building setbacks and heigh
fence locations, permitted uses and vegetation removal. Recommended
for approval. (continued from meeting of June 19, J978)
(a) First reading of Ordinance No. 881: "An Ordinance of the City of
Cupertino Amending Ordinance No. 002 by Establishing Regulations
for Residential Hillsiùe Deve:0pment."
5¡.~-
CC-427
Pege 7
Conditions
added
r
6-TK-78
approved as
amended
First reading
of Ord. No.
872
3-Z-78 and
I-U-78 con-
tinued
.
eC-427
Pas
P~c hear-
ing continue
Negative
Declaration
granted
9-U-75 (Rev.)
approved
16-78
a~ved
Bid opening
continued
Cuntract to
McGuire and
Hester
Contract to
~_h Pipe-
.
MINUTES OF THE JL'LY 17, 1978, CITY COUNCIL !!::.ETlNG
It was moved by Counc. Roaer., .econded by Counc. Spark.. and "...ed unan-
imou.ly to continue t~e public hearing to the .eetin3 of Augu.t 21, 1978,
per staff reque.t.
PLANNING APPLICATIONS (continued)
27. Applications 9-U-75 (Revised) and 16-TM-78 of The O.K. Earl Corporationl
Juhn Gray (Home Federal ~avings & Loan Association): Use Permit to
construct two office buildings equaling a total of approximately
33,000 sq. ft.; Tentative Map to subdivide approxiaataly 3.57 aCres
into ~hree parcels consisting of 1.22, 1.07 and 1.25 acres and EN-
VIRONMENTAL REVtEW: The r '.anning Colllllliasion rec~nds the granting
of a Nagative Declaration. Said property is located on the southeast
corner of Stevens Creek Boulevard and Killer Avenue in a P (Planned
Develop~ent with Commercial and Professional Office Intent) zone.
Recommended for approval.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan-
imously to grant a Negative Declaration.
It was moved by CJunc. Sparks, seconded by Counc. O'Keefe and þassed unan-
imously to approve Appiication 9-U-75 (Revised) pursuant to conditions
contained in Planning COUllission Resolution No. 1863.
It was moved by Counc. O'Keefe, seconded by Counc. Spa~ks and passed unan-
imously to approve Application l6-TH-78 pursuant to cunditions contained
in Planning Commissiun Resolution No. 1864.
NEW BUSINESS
31. Report on bid opening for City Hall Emergp~cy Generator, Projects
78-14 through 17 and award of contracts.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passad unan-
imou3ly to continue this matter to the meeting of August 7, 1978, per
staff r~commendation.
32. Report on bid opening for Hu=estead Road Storm Drain tmprovelllents,
Pro~ect 78-18, and award of contract.
It was moved by Counc. Sparks, seconded by COlLIC. Rogers and passed unan-
imously to award the project to McGeire and Hester in the amount of $272,992
and that the difference between the deposit and the project cost be retained
until the project is completed and all costs confirmed.
33. Report on bid opening for HCD Water Llnes, Project 78-11, and award
of contract.
It was moved by Counc. O'Keefe, se~onded by Counc. Sparks and passed unan-
imously that the City Council award the project to Krzich Pipeline in the
amount of $166,495 and that the difference of $3,~05 be retained for con-
tingency purposes.
.
.
.
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,
MINUTES OF THE JULY 17, 1978, ctTY COUNCIL KEETDIG
RESOLUTIONS
40. Resolution N.." 4754: "A Re~lution of the City CoUDCU of the City of
Cupertino Authoriztng Execution of Agreement with the !1dpeninsula
Rea10nal Open Spsce District Providing an Expanded and Varied Proaraa
of Oraanizeu Recreational Activities for the Citizens of the City of
Cupertino. "
It was moved by Counc. Sparks, seconded by Counc. Roaers and p..sed unan-
imously to adopt Reaolution No. 4754.
At 11:30 ~.m., the meeting was adjourned to 7:30 p.m., July 18, 1978.
tZ
It
CC-427
Paae ~
Rea. No. 475~
adopted