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CC 11-01-82 , · · · ., ""::"^~ ~ -.C--.''''--'''''~''"VT':''"'~ .',,', , CITY OF CUPERTINO, STATE or CALIFORNIA 10300 Torre Aveaue, Cupertino, CA 95014 Telephone: (408) 252-4505 KIN11'ßS 07 1'HE PJ!GtJLAR MEETING OF 1'HE CITY COUNCIL lIEU) OR IIOVDœ£R 1, 1982 IN THE COUNCIL ClWlBER, CITY HALL CUPERTINO, CALIFORNIA Mayor Gatto called the meeting to order at 6:50 p... in the Council Ch~r, City Hall. SALUTE TO TIlE FLAG ROLL CALL Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Staff Present: City Manag<:r Quinhn City Clerk Cor~~lius Director of Public Works Vi~~ovich Director of Planning and Development Sisk Director of rinsnce Snyder Assistant to &he City Manager Br~wn (left at ll:15 p.. City Attor~~y Kilian STAFF REPORTS l. Oral reports by staff members and submission of written reports. City Manager's Report Route 85 Update - It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve an ex?enditure of up to $25,000 on a cost needed basis as tte City's local share of funding of the Alternative Analysis Study for Route 85. Staff will send a let&er to Becky Morgan, President of the In&eriœ Policy Board so infonaing her. Energy Comadssion Recommendation - It was moved by Counc. Sparks, sec- on1ed by Counc. Johnson and pass.'d with Councilmembers Rogers and Gatto dissenting to take a position on Proposition No. ll. it was moved by Counc. Sparks, seconded by Counc. Plungy and passed with Counc. Rogers dissenting ~nd Mayor Catto abstaining to go on record in support of Proposition II at the November 2, 1982 election. Billing for Resurfacing of Tennis Courts at De Anza College - By con- sensus Council authori~ed the Mayor and City Manager to talk with the President of the Foothill Commu~~.y College District and the Chancellor of De Anza College regarding parking fees. Council auth- orized holding payment on the billing for resurfacing the tennis courts at De Anza College. ~--i / :o:~~V'-" ,r CC-59l Page 1 Rout~ 85 Alterrative Analysis Proposition 11 De Anza tennis courts and parking fees _9~ Erosion con- trol School site a"quisition study i'ercolation pond :and- scaping Microphones for Chamber c.e Buck property Street light acquisition nudger status r~port HCD report . Const;::1t Calen- dar approved ,~~r~,:'1'.:"~~"~~,"·-'- . MINUTES OF THE NOVEMBER 1, 1982 CITY COUNCIL MEE':ING It was moved by Counc. Sparks, seconded By Counc. Plungy and pasr,·d unanimously to support ABAG and COLAS's position regarding ..ndatory erosion control for local governments. It was dOved by Counc. Sparks, seconded by Counc. Johnson and passed unan~usly to approve the sharing of costs with Campbell for Phase I of a consultant's study regarding funding fCT school site acquisi- tion and to appropriate $2,640 from the General Fund. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to authorize an expenditure not to exceed $l,500 for two picnic tables to be included in the landscaping around the percolation pond at the southeast corner of Bubb and McClellan. Staff was directed to investigate plans for trash cans and pickup. 2. Report regarding Ccuncil Chamber public address system. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to appropriate $450 from the General Fund to purchase lavaliere microphon~s for the Council Chamber. The Director of Public Works was requested to check on the cost of cordless microphones. 3. Report on George Buck property, Foothill Boulevard and Stevens Creek Boulevard. It was mo~ed by Counc. Sparks. seconded by Counc. Johnson and passed unanimously to direct the Building Official to inspect the build~~g at 10011 Foothill Boulevard to det~rmine if it is structurally safe, has adequate egress, and to determine whether or not it constitutes a hazard to health, safety or public welfare by reason of inadequate mdintenance, dilapidation, obsolescence, fire hazard or abandonment. Staff will repo.t bacy on November 15, 1982. 4. Re.ryrtregordingDe Anza Optimist Club's mini boat concession. This was pr~~~~ted to Council for information only. 5. Report of paY-"lIt information for street light conversion. By consensus, staff was directed to continue investigation regarding acquisition of street lights from PG&E. 6. Budget status report. Council requested a quarterly budget status report. Council requested a quarterly HCD report. (City Clerk's Note; Director of Fin3nce Snyder left at 7:55 V.m.) CONSENT CALENDAR It was moved by Coune. Sparks, sec(¡nded toy Coune. Rogers and passed unanimously to approve the Consent Calendar as submitted. ~'-'-"~-:.'.-~ - · · · --~'~~ <".~ - "_'''~':C'-"' .--o_....~......,._ _ .~ .._~", ~H'"".' -. ,··~·-:'.?".':::--''''Æ7\~:':~~~. HINIJ"TES OF THE NOVEMBER l, 1982 CITY COUNCIL MEETING 12. Resolution No. 5967: "A Resolution of the City Council of the City of Cupertino Allowing Cert31n Claias and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending October 19, 1981." 13. Resolution No. 5968: lOA Resolution of the City Council of the City of Cupertino Declariog its Intention to Order Vacation of a Portion of Public Utility Easement Pursuant to Section 50430 Et Seq. of the Government Code of the State of California, and a Portion of Right-of-Way Pursuant to Section 8320 Et Seq. of the Streets and Highways Code of the Stat2 of California, Fixing Time and Place for Public Hearing and Providing for Notice There- of, Lot 7 Tract 4308, Mount Crest Place." l4. Resolution No. 5969: "A ReGolution of the City r.ouncil of the City of Cupertino Authorizing Execu.ion of Agreement between the City and The Valley Church Providing for the Undergrounding of Utilities on a Deferre~ Basis alocg the Westerly Side of No. StellinK Road North of Route 280." 15. Resolution No. 5970: "A Resolution of the City Council of the City of Cupertino Setting Time and Place for a Public Hearing to Consider an Increase of Transient Occu~ancy Tax." 16. Resolution No. 5971: "A Resolution of the City Council of the City of Cupertioo Applying for the Annexation of the Area Desig- nated 'Foothill Boulevard 81-03'." 17. Resolution No. 5972: "A Resolution of the City Council of the City of Cupertino Authorizing Fuel Efficient Traffic Signal Man- agement Program Grant Application." l8. Resolution No. 5973: "A Resolution of the CitvCouncil of the City of Cupertino Approving Contract Chanö~ rrder No. 3 for De Anza Boulevard Interconnect Project 79-10." 19. Acceptance of Municipal Improvements: (a) Tra~t 6767, Gardenview Terrace - Cleo and Cardecside Lane by Rintala. (b) Clubhouse Lane - off of McClellan Road by Classon and B & C Construction. 20. Application HC-5l,075.~14 - Hewlett Packarrl - Architectural and site approval for an Anechoic Chamber to be addcd to th~ existing building. The subject property is located on the south side of Homestead Road between Wolfe Road and Tantau Avenue. Reco~nded for approval. 21. Minutes of the regular meeting of october 12, 1982. (CC-588) CC-5::Jl Page 3 ·9; "Cupertino Co munity Holiday Proj~ct" Proclamation . September 20 minutes to be am~ndea p~ hearing c ¡w;; MlNUT';;S OF THE NOVEMBER 1, 1982 CITY COUNCIL MEETINC Votc Kellbers of the City Council AtES: Johnson, Plun81, Rogers, Sparks, Gatto NOES: None ABSENT : None ABSTAIN: None ORAL COMKUNICATIONS 22. Presentation of resolution of support for "Cupertino Community Holiday Project." Cheryl Guimont representing the Parent Teachers Association accepted th' resolution supporting "Cupertino Community Holiday Project." :¿3. Proclamation deciaring November, 1982 as "Veterans Call to Unity Month." The proclamation will be forwarded to the appropriate party. 24. Members of the audience regarding matters not on the agenda. Jack Gilderoy of the Creston Iaq>rovement Association requested that Council remove Item No. 16 from the Consent Calendar for discussion. He stated that the proposed annexation was no~ in the best interest of Crest~n and that he did not receive official not~ce. By consensus, Council decided not to remove the ite~ from the Consent Calendar. Hr. Louis Paviso stated that in regard to the In3piration Heights area he had not been contacted by staff until t~day regarding an informal meeting. He requested that the minutes of Septem~er 20, 1982 Council meeting be amended to include his co~nts regarding his deed, passport, etc. By consensus, Council directed the City Clerk to amend the minutes of the September 20, 1982 meeting to expanú Lhe description of Mr. Paviso's inyut regarding the Inspiration Heights matter. PUBLIC HEARINGS 25. Consideration of modification of existing solar doroestic hot water heating policy relative to residential planned developments within the City. Recommended for approval. It was moved by Coune. Plungy, secon.j,ed by Conne. P.ogers and passed unanimously to close the public hearinr. · · · '~.__'''''-_'' _0,-<" ,'<'{""""y"",,,,,":,,;;_ ., .~"- :"":"';¡'~""'I;-:r-"';,~-<-~~ MINUTES OF THE NOVEMBER l, 1982 CITY COL1iCIL MEETING It was mved by Counc. Sparks, seconded by Counc. Johnson and pa8l'ed unaimously to approve modification of the solar domestic hot water heat1.ng policy per Plannina Comisslon Resolution No. 2348. 16. Appeal of ASAC decisiøa, Park Plaza, Tract 7039, filed by C & R Partnership. Director of Planning and DeYelopment Sisk revJ~ed the ASAC application with Council. Jason Chartier representina C & H Partners~ip submitted pictures of the windows in question. Mr. Bert Barnier, sales manager of the project, was available to ango~r any question~ from Council. Mitchell Bohr, 10152 Oeepro.. Place, a neighboring homeowner, spoke against the windows that bad heen placed in the units and requested that Council stay with wbar vas originally approved. Ron Biermar., 1978l Bixby Drive, stated that the windows that had been placed in the buildings were not specially made and warp. only restricte from opening w1th a screw. Be requested that Council deny the ap~,al and have the windows already installed and operable sealed. Bert Barnier stated that be could not speak regarding the past. He was not presently showing cbe property across from Hr. Bierman's home and stated that toe scre',s restricting the windows from open1ng were on the outside and not acce$sible from the inside fGr modifications. It was moved by COUIlC. Sparks, seconded by Counc. Plungy and passed unanimously to close .he public hearing. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to reaffirm the previous policy and deny the a>peal. It was moved by Counc. Rog£rs, seconded by Counc, Sparks and passed with Counc. Johnson dissenting to amend the motion to include th2 following: All units except the front ;ocr shall have fixed and obscure windows. First floor windows may be ~lear glass. (Front four units) On front upper windows, fiC5 or some p~rllidnent mechanical device shall be fixed that would allow t~ window to open but direct the view away from neighboring residents. (Front four units) Staff will revi,w plans w;tñ Mr. Bierman. .."".I,,.~-· GG-59l Page 5 Modification of solar hot watsr heating policy Public hear ing closed -:.....-......,."., :'. .,..~~ - ·...~.,?""~,..~._.~.-"r':'X·"7~", t:. . _f,rr,l~n.......~~ ~..: ..<f'>~".-, .""'£"-~:-.-' " ·'O:O:'~~:·..._~N'-,~ --:. " :-"-'~'r,¡.~'~;~;r;~-' .9~ MINUTES OF THE NOVEMBER 1, 1982 CITY COUNCIL KElTu.G 27. Application 13-Z-82 of City of Cupertino: "unina approx!mately 850t acres fr~ various City of San Jose zoning diatricts to comparable City of Cupert1nc zonin~ diatricts as follows: Land Use Category Residential Single-family Public/Quasi-Public Transportation Public/quasi-Public Residential Duplex Residential Multi-family (Apart""nts) Commerc~' ,,1 Residential Single-family Cluster Residential Multi-family (ApartMnts) Parks and Recreation " h_San Jose Zone Rl and Rl:B6 Rl and Rl:B6 Rl Rl, Rl:B6 Rl:B3, R3 R2 Rl, R3, R3B R3A, Cl Cl Rl:B6("1)} R3A R3B-PD UC-PD A To Cupertino Zone Acres Rl-6 632.5 SA 80.0 T 26.0 BQ l7.0 P (Rl) 10.0 P (R3) 23.0 (;f. 2.8 P (RlC) ll.4 P (13) 9.0 PR 3.3 - 815 Dwelling Units 2.786 92 292 109 67 - 3,446 (See rezoning map for specific designation) Explanation of Zoning Symbols San Jose Rl Residence District (one family) Rl:B6 Residence District (one- family, 6,000 sq. ft. lot area) Rl:B-3 Residence District (one family, one (l) acre lot area) R2 Resijence District (two-family) Rl Residence District (Multiple family, three stories) R3A ResJdence District (Multiple family, two stories) R3rl Residence District (Multiple family, two stories) . Rl;B-6 PD (Planned Development) C-l Commercial District (Neighborhood) R3ß PD (PlanGed Development) R3CPD (Planned Development) Cupertino Rl-6 Residential Single-family (6,000 sq. ft. minimum lot size) P (RlC) Residential Single-family cluster BA Public Building BQ Quasi-Public 8uilding T Transportation P (R2) P \Planned Development with residential duplex intent) P(RJ} P (Planned Development with multiple family re~idential intent) CG (General Commercial PR (Park and Recreation) . MUIUTES OF THE NOVEMBER l, 1982 CITY COUNCIL HEETING Parcels within the land use categories may be rezoned to the ~orrea- ponding City of Cupertino zoning designation or some other zone as ..y be deemed appropriate by the Planning Commission and/or City Council. Environmental Review: The area proposed to be rezoned includes that area detached fr~ the City of San Jose and annexed into the City of Cupertino in July 1979. The area encompasses approximately 3,500 homes and is generally locate¿ ~s follows: Sub-Area A North of ß,'11inger Road East of B12~ey Avenue South of Phil Lane and Clifford Drive West of Carver Dr1ve ar~ 1dotau Avenue Sub-Area B North of Rainbow Drive and Prospect Road East of Wilkinson Avenue and Bubb Road South of McClellan Road West of Saratoga-Sunnyvale Road Recommended for approval. . (a) First reading of Ordin.ißce No. l20l: "An Ordinance of the City of Cupertino ~nding Section 1 of Ordinanc~ No. 2 by Rezoning Approximately 850t Acres from Various City of San Jose Zoning I1tstricts to Comparable City of Cupe.'Uno Zoning Distrtc¡~, Includes the Area Detached from the City of San Jos~ and Annexed Into the City of Cupertino in July 1979, Encompassiug Approximately 3,500 Homes." Director of Planning and Development Sisk reviewed the application with Council. Mr. John Buckel, 7558 Heatherwood Drive, in the Laurelhurst sub- division, request£d a zoning classification encompassing subdivision covenants requiring only single-family, single-story homes in that tract. The City Attorney stat·~ that the special zone could be developed if Council desired, but cautioned them tv consider its precedential effect. Mr. Mark Sarjeant, 7470 Tiptoe Lane, stated that in his particular location, lots were approximately 4,000 sq. ft. He stated that when he purchased his home, there was no m£ntion of building restrictions. If at some time in the future he did wish to add to his home, he would go up, not out. Landscaping on his prop~rty is old and establishe~. . Alex Gernert, 1052 Westlynn Way in the Laurelhurst Tract, stated that when he purchased his ho~ he was ~old of the restrictions as per the CC&R's aad verified these restrictl(1ns at the R~corder's Office. r CC-59l Pace 7 .~ Public hear ing closed Negat ive Dec. for 13-Z-t.! 13-Z-82 approved First reading of Ord. 1201 Spec if ie zone limit ing height . Res. 59B4 adopted . . r~. '-"'}.;',...,.~" '- ~.,,~J!o'f~"_., n. . JT~~)"~1'iIJ:' t""":~~'-:<~:r-~"_'''~'7'~.",,:' ~r;""~":t't.,..~~~~l~,. ~"·'I';>.:':7'TJ-;~~~:~~'?,~ , ;r...·· , KlNUTES OF THE NOVEMBER l, 198:¿ CIn ~OUNCIL MEETING It vas moved by Counc. Sparks, seconded by Counc. Plungy and passed unant.ously to close the public hearing. It was moved by Counc. Rogers, seconded by ~unc. Johnson and passed unant.ously to grant a Negative Declaration for Application l3-Z-82. It vas moved by Counc. Rogers, &econded by Gounc. Johnson and passed unSLt.ously to approve Application l3-Z-82 per Planning Commission Res~lution No. 2347. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. l20l by title only and the City Clerk's readJ.ug to constitute the first reading thereof. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed with Counc. Johnson dissenting to request that the Planning Commission conduct public hearings to consider a specific zone which would limit height. Council rE·qu.,sted the Commission to hold concurrent hearings regarding placing such a zone on the Laurelhurst development. RECESS: 9:40-9:55 p,m. PLANNING APPLICATIONS 28. Application 4-V-82 of William and Mary Egan: Variance from Section 8.3.2(a) of Zoning Ordinance No. 99l to permit a side yard setback of 8ft. for a second story addition to an existing single-family home in lieu of lO ft. as required by Ordinance and Environmental Review: The project is categorically exegpt, hence, no action is required. Thc subject property is located at the northeasterly terminus of Myer Place (lOl88 Myer Place) approximately 350 ft. north of the intersection with Wheaton Drive in a Rl-7.5 (Residential Single-family, 7,500 sq. ft. minimum lot size) zone. Recommended for denial William Egan, lOl88 Myer Place, reviewed his request for a variance with the Council. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to adopt Resolution No.. 5984 approving th~ 'far iance becal£se of extraordinary circumstances, the unusual shape of the loL, (he odd angle at which the building is canted to the lot line, it is necessarj for the preservation and enjoyment of property rights and it would not have an adverse effect. ARCHITECTURAL AND SITE APPROVAL COMMITTE~ APPLICATIONS 29. None IT~~S REMCVED FROM CONSENT CALENDAR 30. None """·'~r . · MINUTES OF THE NOVEMBER l, 1982 CITY COUNCIL tŒETING CC-59l Page 9 UNFINISHßD BUSINESS 31. Report regarding Inspiration Heights. Director of Planning and Development Sisk reviewed his report with Counc 11 Vida Voss showed asps of the area to Council. She stated that people living on the flat land have lOO x 100 lots. She asked if they would be included in any kind of assessment district formed in Inspiration Heights. She stated she did not wish to be in any assessment district. Director of Planning and Development Sisk stated that what is being dis cussed is the uphill side of San Juan Road and not the flatlands. The discussion include~ only a portion of the area known as "Inspira- tion Heights." Kayor Gatto info~d Mrs. Voss that her property was not part of the app lica ~ ion. · J. Robert Dempster, lawyer represe.lg Mr. Leo Bianchi, stated that he still maintained the rights under Government Code Section 66413 in regard to Lot 309. H~ stated that a building permit has bei!n applied for. However, upon application it was stated thü~ a General Plan chang would be necessary and he is cooperating toward achip-ving this change. However, he stated the cooperation does not include $27,000-35,000. He felt that there was a legitimate subdivision. He would cooperate with City staff, however, he does maintain that Lot 309 is a legal lot. He felt that his client should not ?rovide money for a General Plan change but this "as an ob11gation of the City. lie was not aware that the City ~~arged landowners for studies for General Plan changes. He also requested that th~ General Plan be adopted within a reasonable time frame. The City Attorney stated for the record that there was an appeal of the denial of a building permit as inc~nslstent with the General Plan and that Mr. Dempster had agreed to an a~ndment to the General Plan so the building permit coul~ be issued. Mr. Leo Bianchi, property owner, stated that he did hire a civil engineer for drawing of a roadway and it meets the demands of the Fire Marshal. He had also hired a soils engineer and an architect for the plans for a home. He expre~sed a de~ire to build in Cupertino a~d statc1 that his lot is a legal lot. CLty Attorney Kilian replied that at the last appeal hearing on thi. matter, the City had st"ted that Mr. Bianchi did have legal lots d recorda The question was whether or not he could build on them. · Mr. Louis Paviso stated that he also had property on the same hillside as Mr. Bianchi and that he also had legal lots. He had asked on Sep- tember 20 why he dlán't have legal lots as he steted that hi. deed .ays he has legal lots. H2 asked how Cooncil CJuld change this, . Ç.ilí.91 ~10 In_ration Heights Res. 5974 adopted . EartÞquake t'reparedness ..,.-:-.. ,", ~P,~,.._-,,-_.. . MINUTES or TH£ NOVEKIIER I, 1982 CITY GOUJilCIL KEETUtG City Attorney Kilian stated that those with legal deeds hsve legal lots of record. The question is whether or not the OVD8r could build. Stsff will meet and discuss tbese problems with landowners. Mrs. Voss requested that the Director of Planning snd lleveloplBent give her in wrIting doclIIIII!nts regarding tbe annexation of Inspiration Heights with tbe Voss property as . separste annexation. Marvin Kirkeby, Civil Engineer, stated that there was a definite need for an overall coordinated effort in the Inspiration Heights area. He stated that since 1974 property owners have been trying to have the problems resolved. He stated tbat sese lots are out of alignment. Nancy Hertert, property owner, San Juan Road, stated that her property had been resurveyed and was basically in alignment. Mr. Paviso requested that the residents receive a letter regarding the meeting and a list of lot numbers and property owners as well as a map should be included. Upon being asked by the City Attorney, Hr. Dempster stated he does not represent the lot owners who purcbased lots from Mr. Bianchi. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to approve the staff recommendation regarding Inspiration Eeights modified as follows: The first phase shall consist of a field survey. Using the technical data generated, a relatively detailed specif~c plan will be created. Council will receive progress reports alor.6 the way. NEW BUSINESS 3l. Consideration of permit parking 0'1 certain streets. (a) Resolution No. 5974: the City of Cupertino Parking." "A Re..olution of the City Counc1.l of Desigolating Streets Subject to Permit It was movpJ by Counc. Sparks, seconded by Counc. Plungy and pasQed unanimously to adopt Resolution No. 5974 applyi:,g the pelomit parking zone to Fort Baker, Presidio and Old Town Court. Council reque..ted that at the time of posting of signs regardin~ restri~ted parking, a sepan:te sign also be posted sta~ing when that re"triction "~p11.es. 33. Consideration ef an earthquake preparedness seminar, Assistant to the City Manager Brown reviewed the request for earth- quake preparedness training with Council. lt was moved by Counc. Sparks, seconded by Counc. Johnson and p~ssed unanimously to approvp earthquake preparedness training for sOm2time around March, 1983. Notice will be mailed with LAGCO bills. "-~'..,-:J.' · · · '-"'~f~~"'~'" " ;'-~~~~".' :.,""I~'- .- ~_.<._~."... _....,. "~_--E .. . MINUTES or 1'HE NOVEMBER l, 1982 CITY COUNCIL MEETING 34. Review and request for approval of a q\1estionnaire tegarc!W3 d:i8- posal ..rvic.. CC-~9l PaRe II It was moved by Counc. Johnson, seconded by Counc. Sparks and passed LAGCO survey with Counc. Rog..rs dissenting to approve the LAGGO survey questionnaire with the queations 88ended to read as follows: 1. Are you øatisfiad with the refuse service you are now receiving? (If '~- please explain UDder additional co~nts below) 2. Would you favor I18ndatory refuse service for all, at the same fixed rate for all, in order to have an unlimited number of cans picked up at your curb? 3. Would you be willing to participate. lt no addi.ional cost, in a pilot project in which Los Altos Garbage Co. provides you with a specially designed container(s) intended to reduce physical in- juries of workers and improve the efficiency of service? 4. There was very low participation in a r.urbside recycling pilot project earlier this year. Do you think if another pilot project were initiated, you ~uld part~:ipate? 5. Would you he willing to pay a small additional fee (less than a dollar) Cu support an on-going curbside recycling program? 6. The Ci:y currently pays, out of the City's budget, for the twice a ¡ear Saturday trash pickups. Would you like the ~ickup to be: a. EliaiDated b. Reduced to once a yea~ c. Remain the dame 35. Claim against public entity filed by Lariviere & Dicker30n on behal of Vallco rashictt Park. It was moved by Counc. Sparks, seconded by Counc. Johnson an~ passed unanimously to reject the claim of vallco Fashion Park and direct the City Clerk to notify the claimant. 36. Report on bid opening for one water truck, DPW 83-12, and award of contract _ It was moved by CounCa 5parks, seconded by ~ûunCa Plungy and passed unauimousl~' to award the purchase of a watel." truck to Hertz Equipment Rental Leasing in the amount of $24,950. 37. Appointment 01 Libr2ry Commissioner to the Cable TV Advisory Committee. It was moved by Counc. Plungy, seconde~ by Counc. Johnson and passed u,animously to appoint Sandra Blackf~rd to the Cable TV Advisory Committee as the Libr~ry Commission ~epresentative. Vallco claim rejected water truck purchase to Hertz Com. Blackford appointed to Cable Advisory Committee I " . CC~ P'Wl2 First reading of Ord. 1199 First reading of Ord. l200 . Rosendin claim . '.-',<:,~-', " KINUTES or THE NOVEMBER l, 1982 CITY GOUNCIL MEETING WRITTY.N GOHKUIIICATIONS 38. None ORDINANCES 39. First reading of Ordinance No. 1199: "An Ordinance of the City of Cupertino Adding Section 2.44.120 Establishing Time and Place of Meeting of Architectural and Site Approval eo.aittee to the Cupertino Municipal Code." It was moved by Counc. Plun81, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1199 by title only and the City Clerk's reading to constitute the first reading thereof. 40. First reading of Ordinance No. 1200: "An Ordinance of the City of Cupertino Amending Section 16.12.020 Regarding Required PreliJDinary Soil Reports." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1200 by title only and the City Clerk's reading to constitute the first reading thereof. Ju:SOLUTIONS 41. None NON-AGENDA BUSINESS 42. Recognition by Mayor of special requests. (s) General Audience - None (b) City Council - COUDC. Rogers inquired regarding a proposed historical wuseua and a historical preservation ordinance. (City Clerk's Note: Assistant to the City Manager Brown left at 11:15 p.m.) At Il:18 p.m., the meeting adjourned to a closed session in the Conference Room. The meeting was r~convened in Chamber at ll:25 p.m. All Councilmembers were present as were City Manager Quinlan, City Clerk Cornelius, Director of Public Works Viskovich and City Attorney Kilian. It was æoved by Counc. Rogers, sec~nded by Counc. Sparks ¿nd passed unan~usly to accept the City Attorney's recommendation in regard to the cl~im of Rosendin, et al and authori~e proceedi~gs ,long the lines as listed in the City Attorney's memo. ÅL 11:30 p.m., Council adjourned to ~~~ ~82~m~ 7 City ~