CC 05-03-82
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CITY OF CUPERTINO, STATE or CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
KINUTES or 1'HE REGULAR MEETING OF THE CITY COUNCIL
HELD ON KAY 3, 1982, IN THE COUNCIL CHAKBER, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Sparks called the meeting to order at 6:50 p.m. in the Council
Chamber, City Rall.
SALUTE TO THE FLAC
ROLL CALL
Counc, Present: Gatto, Johnson, Plungy, Rogers, Mayor Spa.ks
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich (8:05 p.m.)
Director of Planning and Development Sisk
Director of rinance Snyder (left at 8:l0 p.m.)
Director of Parks and Recreation Do~ling (left at
9:30 p.III.)
Assistant City Engineer Whitten (left at 9:00 p.m.)
Assistant to the City Manager Brown ('.eft at 8:55 p.m.)
CDBG Coordinator Hendee (7:l0 : .m., left at 9:30 p.m.)
City Attorney Kilian (6:55 p.m.)
STAFF REPORTS
I. Oral reports by staff members and submission of written reports.
City Manager's Report
Joint Exercise of Powers Agreement - The Joint Exercise of Powers Agree-
ment for North Santa Clara County Solid Waste Management AuthJrity
will be agendized for the meeting of May 17, 1982.
4th of July Festivities - By consensus, staff was directe~ to change
the ordinance to allow for sale of beer and wine by non-profit groups
at the annual occasion. A policy shall be prepared containing a mech-
anism for fees to cover City expenses.
Director of Planning and Development Sisk was directed to prepare a
letter for the Mayor's si8nàtu~e'to be sent to the County regarding
increased d~nsity for the Hontebello Ridge area if said change would
affect the width of Foothill Boulevard.
City Clerk's Report
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed
unanimously to approve waiver of business license fees for Creenpeace
for 1982.
CC-570
Pege 1
Solid Waste
JPA
July 4 sale
of beer and
wine
lIoõltab.all~
Ridge ¿ensity
Greenpeace
business
license
CCIIii.o .
P'W2
Soils testing
Legislative
Review Com.
.
.
MINUTES OF THE KAY 3, 1982 CITY COUNCIL MEETING
2. Consideration of use of a contract employee for prep.r.tion
of soils reports.
Ie was moved by Counc. Gstto, seconð~d by Counc. Plungy and p....d
unanimously to authorize staff to go out to bid for soils c..ting
services to see if this would be better for the City than rotating
services as needed.
COUNCIL REPORTS
Counc. Johnson - Legislative Review Committee - It was lIOVed by Counc.
Johnson, seconded by Counc. Rogers and passed unanimously to take
the following positions on pending legislation:
No Action
AS 2796 (Moore), Authorizes issuance of revenue bonds to finance a
cable television system.
AS 3685 (Young), Changes to SB 699, Cable Television.
58 1804 (Montoya), Local Government Standards in Refranchising Cable
Operators.
SB l803 (Hontoya), Proscribe unspecified rules and regulations to
protect cable subscribers.
AB 2800 (M. Waters), Discrimination in Employment: Pregnancy.
SB l591 (Greene), Penalties: Workers' Compensation.
AB 3370 (Agnos), rair Employment Practices: Child Care Leave.
Federal legislation 5.2172, Cable TV as a unique medium.
Oppose
AB 2742 (Robinson), Places jurisdiction of cable ,elevision under PUC.
AB 232l (Duffy), ?revents waiver of deregulation rights under AB
699, oppose unless amended.
SB 1785 (Foran), Restrictions on Use of Quimby Act Dedications and
Fees to Provide Park and Recreational Facilities.
Small Cities CDBG.
Support
SB 190B (Robbins), Authorizes cities franchising CATV to establish
and adjust subscription rates, subject to AB 699 provisions; authorizes
city to issue exclusive franchise if done by competitive bid; support
if there is no impact on the aim of the League cable TV bills,
especially AS 699.
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MINUTES OF THE KAY 3, 1982 CITY COUNCn. MEETING
AB 2735 (Moore) and AS 2897 (Roos), Privacy bills, cable TV; support
AB 2897 in concept.
AB 3130 (Moore), Cable TV, Local authority under "Boulder"; support
with first priority seeking a reæedy at the federal level.
SB 2037 (Schmitz), Residential Care racilities.
58 1925 (Foran), State Righways.
SB 500 (Beverly), Joint and Several Liability.
Staff was directed to request the League position on AS 2871 (Moore),
Sale and use taxes: cable televisimt subscript10n exemption.
Counc. Plungy - It was requested that staff agendize for the June 7,
1982 meeting a report from the County Task Force on Crime and Violence
Prevention.
The City Attorney requested the Council return to the item regarding sal
of beer and wine in the park for ..he 4th of July picnic. He informed
Council that it was not necessary to amend the ordinance as they did
have the power to grant permission f~. such sale.
CONSENT CALENDAR
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to approve the Consent Calendar.
8. Resolution No. 5850: "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 Hereinfter Described for General
and Misellaneous Expenditures for the Period Ending April 9, 1982."
9, Resolution No. 5856: "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 Described for General
and Miscellaneous Expenditures for the Period Ending April 16, 1982.
10. Resolution No. 5857: "A Resolution of the City Council of the
City of Cupertino Allowing Cert3in Claims and Demands Payable in
the Amounts and from the Funds as Hereinaftcr Described for Sal-
aries and Wages for the Payroll Period Ending April 20, 1982."
JI. Application HC-51,068.5 - All American Shopping Center requesting
approval of a sign exception for an existing shopping center.
The subj~~t property is located on the northwest corner of Blaney
Avenue and Bollinger Road. Recommended for aoproval.
12. Resooution No. 5860: "A Resollltion of the City Council of the City
of Cupertino Aut~orizing Execution of Agreement between the Citv
and Technical Analysis, Inc., for Architectural Servic~s in Con-
junction with the Widening of Stevens Creek Boulevard at Carmen
Road."
CC-570
Page 3
Consent Calen-
dar approved
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Proclamations
Oral COITimunica
tions
Closure of
8e :\venue
MINUTES OF THE KAY 3, 1982 CITY COU1lCIL KEE'lING
13. Resolution Ro. 5861: "A Resolution of the City Council of
the City of Cupertino Approving the Application for GUut funds
Under the Roberti-Z'berg U~ban Open Space and Recreation Progr8ll."
14. Acceptance of amicipal iJçro~tø: Tract Mo. 6794, North-
east corner of roothill and McClellan Road, Martin-Bayes, Inc.
15. Resolution Ro. 5862: "A Resolution of the City Council of r.he
City of Cupertino Authorizing Execution of Lease Agreement of
City Property at 22515 Poppy Drive."
l6. Minutes of the regular meeting of April 19, 1982. (CC-567)
Vote
Members of the City CouDeil
AYES:
Gatto, Johnson, Plungy, Rogers, Sparks
NOES:
None
ABSENT:
None
ABSTAIN :
None
ORAL COKKUNICATIOKS
l7. Proclamation declaring Kay 10-15, 1982 as '~unicipal Clerk's
Week".
l8. Proclaastion declarlllg the week of May 23-29, 1982, '~ational
Public Works Week".
19. Proclamation declaring Kay 3-7, 1982 as "Head Start Week".
20. Proclamation declaring Kay 7-14, 1982 as "Child F'lSsenger
Safety Week".
21. Proclamation declaring the month of Mayas "Priends C"n be
Cood Medicine" Month.
22. Proclamation declaring Kay 9-15, 1982 as "Variety Club Week".
The City Clerk was directed to for~ard the proclamations to the
appropriate parties.
Staff was directed cO place on the agenda under Oral Communications
a notice that the ?urpose is for an opportunity to speak on non-
agenda items.
Tony Stewarð ~~dressed Counc~l reKarding the closure of Byrne Avenue
By consensus, Council reopened the public hear inK pertaining to
closure of Byrn~ A~enue for their meeting of May 17, 1982. Items
to be considered are dates of possible temporary closure and/or
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MINUTES OF 1'HE KAY 3, 1982 CITY COUNCI:' MEETING
permanent closure, loss of funds if the eity closes the street tempera
and later did so permanently, and types of temporary closings pos-
sible.
PUBLIC HEARINGS
23. Application I-Z-82 of Dzidra Silver: Prezonin8 approxilllstely
.5 gross acre fro. Santa Clara County Rl-8 (Single-f..ily 'esi-
dential, 8,000 sq. ft. .int.ma lot size) zone to City of Cupertino
Rl-7.5 (Single-f..ily Residential, 7,500 sq. ft. adnimum lot size)
zone and EnvirOlblental Revi-.v: The Planning C~ssion recommends
the granting of a Negative Declaration. The subject property is
located on the north side of Dolores Avenue approximately 200 ft.
west of Orange Avenue. Rec01lllleDded for approv.Jl.
(a) rirst reading of Ordinance No. 1171: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Pre zoning Approxilllstely .5 Gross Acre fr~ Santa Clara County
Rl-8 Zone to City of ~upertino Rl-7.5 Zone; Located on the
North Side of Dolores Avenue Approximately 200 rt. West of
Orange Avenue."
It was moved by Counc. Gatto, seconded by Counc. Johnsml and passed
unanimously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to grant a Negative Declaration for Application l-Z-82.
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously ~o approve Application l-Z-82 per Pl"nning Commission
Resoluti~n No: 2299.
It was moved by Counc. Plungy, seconded by ~~unc. Rogers and passed
unanimously to read Ordinance No. ll71 by title only and the City
Clerk's reading to constitute the first reading.
24. Appeal of Condition 12, ASAC Resolution No. 9l3, Tract No. 6765,
Wildflower Way, filed by Harvin D. Kirkeby, Engineer.
The Director of Planning and Development informed Council ~hat at
the time of the original approval of this application the City require
work to be done to the existing retaining wall along the westerly
proper~y line and some rep~irs to the existing fence on top of the
retaining wall. Staff worked with the developer and neighb0ring
property owners to attempt to allow repairs rather than tearing out
existing wall and fence and starting again. However, repairs did not
resol ve any of the problems. Mr. Sisk then showed Counc il slides of
the fence and tree growth.
Harvin Kirkeby, project engineer, stated that the application was
original Iv approved with a condition that required plans of repair wor
to be appr:,,,ea at the time of issuance of building permit. The
CC-570
Page 5
ly
Public bearing
closed
Negath.. Dec.
for l-Z-82
l-Z-82
appro....d
First reading
of Ord_ ll71
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CIa70'
P1III' 6
MINUTES OF 1'HE HAY 3, 1982 CITY COUNCIL MEETING
B~ilding Department and developer agreed that repairing the wall
would meet the condition. Hr. Kirkeby sub.itted pi~tures to the
Council shov1nS trees leanins on the existing fence and srovins
through the fence. He stated that the traes needed trt.lins but
in his opinion the present retaining wall is not adequate. He
proposed that the existing retainins wall be kept, the fence cut
off at the top of the retain1nS vall, the addition of new posts that
would support a fence and new fence that would be six feet above
the retaining vall. Re also atated that the trees would have to
be triuaed by the neighbors. He had also considered leaving the
existing fence as i~ and the developer building another one on
his property. Hr. ~irkeby stated that the developer is willing
to build a fence, but does not want the liability of the trees or
getting rid of the existing fence.
.
Resident, 74ll Wild rlowcr, presented Council with photographs of the
fence line. Be stated that the fence is at least twenty years old
and asked if there would be another retaining wall built. He expressed
concern about the old fence collapsins. Be also stated that certain
areas of the fence cover many pieces of property. Be informed
Council that Du~ agreed to repair the retaining wall and fence. He
asked what "repair" entailed. He felt that the developer did not
abide by the condition. Be stated that was the complaint. The de-
veloper just put up boards over the existing fence. Be asked if there
would be a sood retaining wall built if a new fence were bunt. Be
also informed Council there was a difference in dirt lines' He
stated that the biggest complaint ~~s originally that there was a
lot of work involved to remove the existing retaining wall if the
present fence line is used. He stated he could ~vree to a new fence
if it would meet certain standards. Be also expr~ssed concern
about a retainins wall.
Hr. Kirkeby stated that
to cut off the posts of
in new posts and attach
the way a new fence would be built would be
the present fence at the retaining wall, put
those to the retaining wall,
Mr. Jack Aiello, Executive Vice Presidence of Jules Due, stated that
the existing retaining wall and fence had been repaired in compliance
with direction from a City staff member. He then spoke with another
staff member who said that it would be necessary for him to get the
written consent of the neighbors stating that the work done was
adequate. He was unable to get that consent. He stated that he
proposes t¡'" building of a new fence and giving the neig,lbors the
old fence. He stated that a new fence could be built within 48
hours of removal of existing fence. It would also be necessary for
the neighbors to do some amount of tree trimming.
Rudy Witt, homeowner, expressed concern for the retaining wall and
future liabilities. He requested that the re~aining wall be replaced.
.
Mr. Jack Aiello stated that in regard to the retaining wall, he did
follow direction given by the City. He also stated that the slope
of dirt against the retain inK wall does vaLY.
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MINUTES or THE KAY 3, 1982 CITY COUNCIL MEETING
Hr. Kirkeby stated that even with a new fenc~ it would not last for-
ever as redwood is finite.
Hr. Aiello recommended that the present fence be left as is.
Council was inforued that three property aAQers are involved as well
as the developer.
Council rec~nded that involved parties preseDc in Council Chamber
go to the Con-",c.:rence RoolI with Hr. Whitten to try to COile to s~ agr
llent as to what will be done. Upon their return to Chamber, discus.ion
will cC'ntinue on this item.
25. Appeal of deci810n of Director of Planning and Development in
cegard to removal of trees at Alpine Drive and roothill Boulevprd.
Hr. Sisk revived the background of the appeal with Council.
William Mette, 1420 McBain Avenue, Call1 lbell, informed Council of prob-
lems that had occurred on the lot and informed them that he did have
pictures of the lot with him.
t
Hr. Kane, 10437 Vista Knoll, also revi~~d the btatory of problems
on that lot with Council. These problems include people dumping on thi
lot and also the presence of rats. Re stated that he had written
letters to both the City and Hr. Mette regarding the~o problema and
the lot had been cleared. The clearing of the lot did include the
removal of trees. Be recommended that something be planted there to
prevent future intrusion. Re told Council that the tree could have
been trimmed to prevent children fro. playing there rather than being
completely re.oved.
Mr. Mette stated that he could plant trees when the lot i3 developed.
He expressed the opinion that the ord'nance regarding removal of trees
seems geared for developers.
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed
unanimously to close the p~~lic hearing.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed
un...,i"ously tu deny the appeal and approve the replacement of the
Pepper tree ty threø Oak trees. Th~ property owners may decide the
location of those trees.
PLA.'nIING APPLICATIONS
26. None
ARCHITECTURAL AND SITE APPROVAL COMMITTEE ApDLI(~TIONS
.
n. None
CC-570
Page 7
Public hearing
c10serl
Deny appe2.1 t
approve replace
ment of trees
·
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A._nt re
f and re-
taining wall -
appeal filed
by Kirkeby
Contract t.o
Hall-Wc..- Con-
tractinR Co.
Contract to
Andero Con-
setion
MINUTES or 1'HE MAY 3, 1982 CITY COUNCIL KEE'l1NG
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j
ITEMS REMOVED PR(I CONSENT CALENDAR
28 . None
UNFINISHED BUSI1ŒSS
29. None
JQ!W BUSI1ŒSS
30. Presentatioa by Arthur Carllichael oa behalf uf the Highway
Financing Task rorce.
Hr. Art CanUchael ..de a presentstion regarding proposed distribution
of funds and projects s!:.ould an additional gas tax be approved. Upon
approval of a proposal by the Board of Supervisors it will be presented
to Council for their approval.
(City Clerk's Note: Those meeting in the conference r~ in regard to
Item No. 24 returned to Chamber.)
PUBLIC HEARINGS (coatinued)
24. (continued)
Hr. Whitten inforMd Council that the two property owners present did
reach an agree.ent vith the developer and he will meet vith the third
property owner next Monday to try to reach a similar agreelll!nt. The
agree1lll!nt approved was as follows: If the remaining adjacent properly
owner will approve, Council approved that the developer Teplace ex~stin~
fence adjacent to the existing retsining wall with new pos~s supporting
the fence. The present fence viII be left for the adjacent h~owners'
di~position. Otherwise, an additional nev fence will be built one foot
fr~ the existing fence which will remain and the City wil~ agree that
this meets the condition of approval
PEW BUSINESS (continued)
31. Report on bid opening for development of Mo..ta Vista Park, Project
79-53, and sward of contract.
It was moved by Counc. Rogers, second~d by Connc. Johnson and passed
unanimously to award the contract for Monta Vista Park, Project 79-53,
to The Hall-Way Contracting Co., Inc. in the amount of $327,970 based
on their lowest bid.
32. Report on bid opening for Corporation Yard Canopy Installation,
Project 79-l6, and award of contract.
It was moved by ~ounc. Rogers, seconded by Coune. Johnsen and passed
unaimously to award the contract for Corporation Yard Canopy Installa-
tion, Project 79-16, to Andero Construction in the amount of $43,392,
based on their lowest bid.
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M1l'IuuS OF 1'HE KAY 3, 1982 CITY COUNCIL 1'I1IUUIIi
33. Clam for damsges filed by Liberty ~tual Insurance COIIpany.
It vaa mved by Cout'!c. Rogers, seconded by Counc, Johnson and passad
unanmoualy to reject the clam filed by Li~ercy Hotual Insuraøce
Co. aDd direct the City Clerk to notify th~ clat.ant.
34. ltaqueat trOll John Vidovich, D6 Anza Properties, for waiver of
.. require.en¡; for De Anza-rorge Cupert140 Village Project.
Mr. Vidovich requested tMt Council suspead tbe IIMR requirements
for the De Anza-rorge Cupertino Village project because of the hard-,
ship plaeed on deve:"opers. !
It was aoved by Counc. Plungy, seconded by Coone. Rogers and passad
unaDmously to authorize suppension of BMR requirements for the first!
phase (24 units) of the De Anza-rorge Cupertino Village project.
These BMR units will be built in a fnture phase.
35. Approval of "Guide to the Operation of Local Cable TV in Cuper-
tino" .
<a) "esolution Ito. S8S5: "A Resolution of the City Council
of the City of Cupertino Approving 'Guide to the Operation
of Local Cable Television in CupertillO'."
It vas moved by Counc. Gatto, seconded by Counc. 'lungy and passed
una:h.ously to adopt Resolution No. 5855.
36. Discussion of non-profit group concession in public parks.
It was moved by Counc, Gatto, seconded by Counc. Johnson and passed
unaDmously to direct staff to prepare an amendment to the existing
ordinance to allow for non-profit groups to have temporary food
concessions in City facilities, per staff report.
37. Consideration of request from Braegen Corp. for an a-month
extension of use of four modular trailers.
It was moved by Counc. Johnson, seconded by Counc. Gatto and passed
unanimously to approve an eight month extension of temporary trailers
at Braegen Corp.
WRITTEN COMMUNICATIONS
3S. None
ORDINANCES
39. Second reading of Ordinance No. ll6S: "An Ordinance of thp City
of Cupertino Amending Chapter l6.40 of the Cupertino Munl~ipal
Code by Adding Sections 16.40.l6S and l6.40.l66 Regarding Smoke
Detection Systems and Section 16.40.IS0 Reagrding Penalties
for Violations."
CC-570
Page 9
Liberty Mutual
clailll denied
BKR units sus-
pended un t 11
future phase
Res. No. Sa5S
adopted
Temporary foou
concessions in
City facilities
Braegen trailer
extension
.
.70
. Ie
Smoke detect:>r
public hear~ng
reo]>ened
.
First reading
of Ord. No.
1172
First reading
of Ord. No.
1173
.
Review of
bike lanes
HINÐTES OF TBK KAY 3, 1982 CITY COURCIL HIE1'DlG
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',"':;'/' \
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Mr. Nick Szab~, ~ublic Skfety Coœmission, re~ue8ted that Council
iøclude single-faaily dwellings in the .-ok~ det~ctor ordinanCe vitt
the deletion of the penalty clause, or to lea". the penalty da_ in
with the understanding that the City Attomey ~d have the option
of not prosecuting When the hoøeowner c~lied with the ordinanCe.
Another possibility vould be to include a stat..ent in the ordiDaaca
regarding voluntaTy c~1iance for owners of single-faa11y detaclMlcl
hoMs.
Mr. Alf Nodine, 10385 Pr~1e Tree Lane, stated that he felt that 1f the
ordinance is going to be changed the public hearing should be reopened.
The City Attorney agreed with this.
Mr. Kennedy, 10415 Mary Avenue, suggested that aingle-faaily detached
dwellings be required to install the smoke detectors at ttse of resale.
It was moved by Counc. Plungy, seconded by Counc. Sparks end passed with
Council_mbers Johnson and Gatto dissentiøg to reopen the public hearin!
for the first meeting in June to consider revising the ordinance to
include single-faDdly deta~hed dwellings.
40. rirst re&ding of Ordinance No. l17~' "An &rdinance of tta City
of Cupertino Amending Se"ti.:-" 11.24.150 and 11.24.160 of the Cuper-
tino Municipal Code, Relating to Stopping, .tanding or ParkinS
During Certain Rours on Mary Avenue aud Providi,'g for Signs Rotify-
ing the Public Thereof."
It was moved by Counc. Plungy, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1172 by title only and the City
Clerk's reading to constitute the first reading.
4l. First rea~ing of Ordinance No. l173: "An Ordinance of the City
of Cuperti~o Rescinding Ordinance No. l07l, and Amending Section
1l.OS.29O of the Cupertino !t.lnicipal Code; Bicycle Lane Designa-
tion to Include Bollinger Road."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. ll73 by title only and the City
Clerks' readiag to constitute the first reading.
RESOLUTIONS
42. None
NON-AGENDA BUSINESS
43. Recognition by Mayor of special requests.
(a) General Audience - None
(b) City Council
It was moved by Connc. r.'ltto, seconded by Counc. Rogers and passed
unanimously to direct the Public Safety Commissi~n to review bike lanes
in Cupertino.
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MINUTES or TIIB IfAY 3, 1982 CITY COUNCIL MEETING
Mr. Alf Mod1ne, 10385 Prune Tree Lane, requested a copy of tbe City I s
I!IIergency Plan.
Couocil requested that copies of the Council Actions of the April 2/,
1982 _etinl be _t to _mbers of the Planning C.-i.doo.
At 9:40 p..., the _ting was adjourned to closed se.sion in the
Conference &00..
At 10:05 p..., the meeting reconvened in the Council Chaeber. 1bose
preøent ...re COUDcU......r. Gatto, John.on, Plungy, Rogers aud Spark.,
City Clerk Cornelius and City Attorney Kilian.
It was loved by Coonc. Gatto, seconded by Counc. John.oo and p.~.'td
unanimously to approve the recommendation regarding settlement
in the K1ð?en1neala Regional Open Sp.ce District-Regnart Canyoa
aRtter; to approve City'. annexation policy regardinl Crestoo (fallowing
reco...ndation of staff); to receive infor.øtion r...rding San JOse
Water Work. ancl s.ven Springs dwelo~t; to recei.,. inforutioll
regarding the City of Cupertino v. Photo Dri.... -up, di.cu.. crf.....'
proceeding~ reøarclinl City personnel as victim.
At 10:10 p..., Council adjourned to 6:45 p..., Monday, Kay 10. 1982
for a public hearinl on Revenue Sharing Fund. and the 198~-83
budget.
/I?~" æ~~ "--'
City Cler ~
GC-570
l'age 11