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CC 09-07-82 . · · · CITY or CUPFATINO, STATE or CALIFORNIA 10300 Torre Avenue, Cupertino, GA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR IŒETIIIG or 1'HE CITY COUNCIL HELD ON S!PTEKBER 7, 1982 IN 1'HE COUNCIL CIlAKBER, CITY HALL CUPERTINO, CALIFORNIA Mayor Pro Tempore Plungy called the meeting to order in Council Chamber at 6:50 p.m. SALUTE TO THE FLAG ROLL CALL Council Present: Council Absent: Johnson, Rogers, Sparks, Mayor Pro Tempore Plungy Gatto Staff Present: City Manager Quinlan City Attorney Kilian (6:55 p.m.) Director of Planning and Development Sisk Direotor of Public Works Viskovich Director of Parks and Recreation Dowling Director of Finance Snyder Deputy City Clerk Campagna-Blaise STAFF REPORTS l. Oral reports by staff members and submission of written reports. City Manager's Report CC-583 Page 1 Legislative Review Committee - It was moved by Counc. Johnson, seconded Legislation by Counc. Sparks and passed unanimously to direct staff to send a Cable gram to the Governor supporting AB 2634 (Farr), Charges for Use of School Facilities Limited, and requesting that he net sign AS 3011 (Torres), Firefighter Cancer Presumptions. It was moved b~' Counc. Rogers, seconded by Counc. Sparks and passed unanimously that a letter go to the Board of Supervisors in support of the City of Saratoga '.s position regarding consolidation between Saratoga and Central Fire District and withdrawal of SDAF money. City Manager Quinlan reported to Council on the Santa Clara County Haz- ardous ~aterial Task Force update and said that an ordinance will be ~~epared sometim£ in October for their action. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimocsly to approve Resol- tion No. 5947 with stipulations of changes to go on the agreement Detween the City and the County of Santa Clara. Item No. 8 will be added to the agreement as follows: "In the event that a City in Santa Clara County subsequEntly exe~utes an agreement with the County similar to this agreement but which pro- vides for a more favorable adjustment distribution of fines and for- feitures lJursua.1t to Penal Code Section 1463 to the city~ tiHm this agreement shall automatically be amended to provide to the City of Cupertino the iJentical adjustment which has subsequently been provided to that other City." Hazardous materials Res. No. 5947 approved C~13 P"2 LeC confer- ence rep Council meet- ing library Counc il da t e changed Sister City . Items remo\'cd Consent Calen- dar approved . MINUTES or 1'HE SEPTEKBER 7, 1982 CITY COUNCIL MEETDlG City Clerk's Report It was moved by GOUDe. Rogers, seconded by COUDC. Sparks and passed unanimously that Mayor Gatto t~ elected .s representative to the League of California Cities conference with Counc. Plun81 as alternate. By consensus, Council designated that on September 13, the Council meeting regarding solid waste be held in the Library at 6:30 p... 8y consensus, Tuesday, October 12, 1982 was set as the date for the Council meeting regularly scheduled for October ~ð. 2. City Mana~er Quinlan pr~sented.to the Gouncil an update oa the Cable Telev1sion Advisory Committee user charges. COUNCIL REPORTS Counc. Plun81 reported that stY. students fro. Toyokswa will be arriving October 7, and a barbecue will be held October 11 in their honor in Memorial Park. The Mayor of Toyokawa is tentatively scheduled to be here in January for the planting of the cherry trees. Counc. Plungy also reported t.lat the trip to Ivrea, Italy is set for February 10-24, 1983, a l4-day trip. CONSENT CALENDAR It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to remove items 13, 18, and 19 It was moved by Counc. Johnson, seconded by Counc. Rogers and passed unanimously to ~pprove the balance of the Consent Calendar. 8. Resolution No. 5936: "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 Herei~after Described for General and Miscellaneous Expenditures for the Period Ending August 10, 1982." 9. Resolution No. 5938: "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 Salaries and Wages for the Payroll Period Ending August IO, 1982." 10. Resolution No. 5937: "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 Expendit~res for the Period Ending August 20, 1982." . . . KIJIU'lES 0)1 THE SU"1"UUI£R 7, 1982 CITY COORCIL MUTING 11. Resolution Ro. 5940: "A Resolution of tile City Council of tbe City of Cupertillo Allowing Certain ClaiM and Demands Payable in the ~unts and froa the PundII as ØIIre1Dafter Described for Salaries and Vaaes for the Payroll Per10cl lading August 24, 1982." 12. Resolution Ro. 5941: "A Resolution of the City Council of the City of Cupertino Making its Order Descdb1na the Boundaries D~signated as 'Dolores Avenue 82-82' to be Aøaexed to tbe City and Ordering Annexation to the City, ApproxUlately 0.55 Acre Located Rortberly of Dolores Avenue between Orange Avenue and Byrne Avenue." 13. Removed. l4. Resolution No. 5944: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map of Property Located on Hello Place, Developer, Barre Barnes¡ Authorizing Execution of Içrove_nt Agre.-ent; Authorizing Sipina of Parcel Map." 15. Resolution No. 5945: "A Resolution of tha City Council of the City of Cupertino Accepting a Grant of Eaae.ent for Sto~ Drain Purposes frOJa Bruce and Jeanette T. Gossett, Located Witbin Lot 70, Tract 4190, Vista Knoll Boulevard." 16. Acceptance of City projects perforwed under contract: Hexeedea Recoating, Project 82-2K. 17. Request for waiver of business license fees for the March of Dimes - Birth Defects Foundation. l8. RellOved. 19. Removed. 20. Minutes of the adjourned regular City Council meeting of August 18, 1982. (CC-58l) 21. Minutes of the adjourned regular City Council ~eting of August 30, 1982. (CC-582) Vote Members of the City Council AYES: NOES: ABSE.'IT: AJlSTAIN: Jo:mson, Rogers, Sparks, Plungy None Gatto None ORAL COMM[Q¡ICAT;ONS 22. None CC-583 Page 3 ~8~ Public hearir>g closed llANo. aWl;ed 5928 Public hearing closed Res. No. 5948 adopted . KIIWIES or THE SEPTEMBER 7, 1981 CITY COURCIL MEETING PUBLIC HEARINGS 23. Consideration of street name change fru~ Tan~au Avenue to "North Tantau" and "South Tanta:J." (a) Resolution No. 5928: "A Resolution of the City Council of the City of Cupertino Ordering Street Name Change within the City of Cupertino Pursuant to Section 5026 of the Streets and Highways Code, State of California, Change Tantau Avenue to North Tantau Avenue and South Tantau Avenue." Director of Public Works Viskovich reported to the Council his findings with the Post Office and submitted a report. Helen Morehouse, 883 Tantau Avenue, stated that she has lived in the Cily for 10 years and does not want to see a street name change again. She requested that Council not approve the name change. She also stated that ahe has been getting some mail, and she vas under the impression that the signs had already been changed. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to close the ~ublic hearing. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5928 as amended to change the portion of Tantau Avenue north of Stevens Creek Boulevard to North Tantau Avenue. The portion south of Stevens Creek Boulevard will continue to be designated as Tantau Avenue. 24. Consideration of report and assessment list af abatement of weeds declared a public nuisance. (a) Resolution No. 5948: "A Resolution of the City Council of the City of Cupertino Providing for Lien Assessments and for the Collection of Same Resulting from the Abate- ment of Public Nuisances. II City Manager Quinlan brought Council up to date with a report. It was moved by Counc. Sparks, seconded by Counc. Rogers and ~assed una"imously to olose tl " public hearing. It was move4 by Counc. Johnson, seconded by Counc. kogers and passed unanimously to adopt Resolution No. 5948. 25. Consideration of closure of Carmen Road. (a) Resolution No. 5946: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of Carmen Road (HOD HOD Court) as Provided in Section 3320 Et Seq. of the Str~ets and Highways Code of the St~te of California, ketaining Portions as Public Utility Easements and Sanitary Sewer Easements.1t . . . KINUTES OF 1'HE SEPTEMBER 7, 1982 CITY COUNCIL KlBTING Director of Public Works Viskovich revived the staff repQrts with Council. Jane Brokaw, 10081 Carwen Road, told Council that she has to have d right-of-way and also stated approval of ataff recommendation to close CarlEn Road. She atated that she vas not happy with the name change to "Boo Hoo Court." ':oe B. IfcCuno!, 10079 Carwen Road stated that he has lived on Carmen Rord for 25 years and is in favor of ~taff reco...ndation. He alao would like to see the surfacing of the road done to bring it up to a better condition. City Attorney Kilian replied that any private street ~hould be main- tained by the owners. Mr. C. Abel, 10164 Carmen Road, stated that he did not Jike the name "Boo Roo Court." He also stated that Janice Road residents had not been notified and they vere the ones getting the traffic. He was also concerned for the safety of people backing out of driveways. Helen Adrich was also in favor of staff recommendation and stated that the road is hazardous. Ed Federspiel, 21850 Stevens Creek Boulevard, asked for clarificatj.on of the closure. Direct~r of Public Works Viskovich explained the portion ~f Carmen Road that ~uld be closed and the port.ion that would be through. A resident at 10180 Carmen Road stated ahe is also in favor of the closure. She suggested that possibly stop signs could be put up. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unani~usly to close the public hearing. It was moved by Cour.c. Sparks, seconded by Counc. Rogers and Dassed unanimously to adopt Resolution No. 5946. Council directed staff to prepare abandonment of a portion of Carmen Road, 26. Application 7-Z-82 of Lynch-Hikuldc'" Pre zoning approximately .24 gross acrp from Santa Clara County HL (Light Industrial) zone to City of Cu?ertIno KL (Light Industrial) zone and Environ- mental Review: The Planning Commission recommends the granting of a Negative Declaratiofi. The subject property is located on the southeast corner of Imperial Avenue and Olive Ave~ue approxi- mately 450 ft. south of Lomita Avenue. Recommended for approval. (Applicants have requested this be continued to meeting of October 4, ]982.) CC-583 Page 5 PuDlic hearing closed Res. No. 5946 adopted CC-583 eeb 7-Z-82 and 8-Z-82 continued . Public hearing cl0sed 9-2-82 approved First reading uf Ord. 1194 ~egativ(" Dec. fur 9-2-61 . MINUTES OF THE SEPTEMBr:R 7, 1982 (;~TY COUNCIw MEETING 27. Application 8-2-82 of Michael Lynch. Zoni~g approxiaately .15 gross acre to City of Cuper tin ) KL (Light ::!oIuatdal) zone and Environmental Review: T~ preject was previously ~ssessed. hence, no action is required. li,e subject property is l~cated at the end of Olive Avena., on the east side of Imperial Ave~ue. Th1s is a portio" of the abandoned right of '#ay of Olive AveI,ue. Recoa.ended for approval. (Applicants have requested this be continued to meeting of Oetober 4, 1982.) By consensus, Applications 7-Z-82 and 8-Z-82 were continued to the October 4, 1982 Council meeting. 28. Application 9-Z-82 of Leisure Living (Bob Walker): Rezoning approximately .l5 gross acre from City of San Jose Rl-B6 (~~~idential Single-family, 6,000 sq. ft. minimum lot size) zone to City of Cupertioo 1ll-6 (Residential, Single-family, 6,000 sq. ft. minimum lot size) zone and Environmental Review: The Planning Commission recoll/illends the granting of a Negative DeclarQtio~. The subject property is located on the east side of We}~uth Drive approximately 230 ft. north of Rainbow Drive at l224 Weymouth Drl~. Recommended for approval. (a) Filst reading of Ordinance No. 1194: "An Ordinance of the City of CupertiDo Amending Section 1 of Ordinance No. 2 by Rezoning Approximat~ly .l5 Gross A~re from City of San Jose Rl-B6 to City of Cupertino Rl-6 zone; T.ocated on the East Side ~f Weymouth Drive Approximately 230 Ft. North of Rainbo,,' Drive at 1224 Weymouth Drive." Director of Planning and Deve10o.ent Sisk reviewed the application with Council. It was moved by Counc. Johnson, seconded by Counc. Sparks and passed unanimously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve ftppJication 9-Z-BI per Planning Commission Resolution No. 2333. It was moved by COUhC. Sparks, seconded by Coune. Johnson and passed unanimously to read Ordinance So. 1194 by title only and the City Clerk's reading to constitute the first reading thereof. It was moved by Coune. Sparks, seconded by Coune. Johnson and passed unanimously to grant a Negative Declaration for the application. 29. Application 10-2-82 of Gary and Sally Conner: Pre zoning approximately .15 gross acre from Santa Clara County Rl-8 (R"sidential Single-family 8,000 sq. ft. minimum lot size) zone to City of Cupertino RI-7.5 (Residential Single-family, 7,500 sq. ft. minimum lot size) z,ne and Environmental Review: The Plar.ning Commission recommends the granting of a Segat ive Declaration. The subject property is located on the east side of Byrne Avenue approxUaately b6 ft. north of Lomita Avenue and 156 ft. south ~f Hermosa Avenue (10lb8 8yrn~ Avenue). Recommended for approval. MINUTES OF THE SEPTEMBER 7, 1982 CITY COUNCIL HEETING · 29. (;0) First reading of Ordinance No. 1195: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approximately .15 Gross Acre from Santa Clara County Rl-8 Zone to City of Cupertino Rl-7.5 Zone; Located on the East Side of Byrne Avenue Approximately 66 rt. North of Lomita Avenue and l56 Ft. South of Hermosa Avenue (10168 Byrne Avenue)." Director of Planning and Development Sisk reviewed the application with Council. It was moved by Counc. Sparks. seconded by Counc. Rogers and passed unanimouslv to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimousLY to grant a Negative ~eclaration for Application 10-Z-82. It was moved by Counc. Sparks, seconded by Counc. ~ogers and passed unanimously to approve Application lO-Z-82 per Planning Commission Resolution No. 2335. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1195 by title only and the City Clerk's reading to constitute the first reading thereof. · PLANNING APPLICATIONS 30. Applications 24-U-80 (Revised) and l7-IM-80 (Revised) of Wayne Sargent: Modification of a previously approved use permit for a three lot subdivision to modify the means of access including emergency access to Parcel Three and eliæinate a bicycle/pedes- trian ease~ent located along Regoart Creek. Access to Parcel Tl.'ree is proposed over an easement on Parcel Two which fronts on Orogrande Place. Environmental Review: The project was ~reviously assessed» he~ce, no action is required. The subject property is located on the north side of Orogrande Place approxi- mately 450 ft. westerly of Stell¿ng Road in a P (Planned Develop- ment with Residential Single-family intent) zoning district, Recommended for approval (To be heard with Item No. 33.) L~FINISHF.D BUSINESS 33. Application ~C-5l,502.1 of Regnart Creek Estates: Review and modification of Architectural and Site Approval Committee approval to delete bike path. The subject property is located on the north side of Orogrande Place approximately 230 ft. westerly of Stelling Road. To be heard concurrently with Pl~nning Applica- tions 24-U-BO (Revised) and 17-IM-80 (Rev'sed). · Director of Planning and Development Sisk reviewed the applications with Counci 1. CC-583 Page 7 Public hearing closed Negative Dec. for 1O-Z-82 1O-Z-82 approved First reading of Ord. 1195 J _8~ 24-U-80 (Rev.) and 17-TK-80 (Rev.) approved; HC-51, 502.1 approved . HC-5I,466.l approved Augu~t Ib Council min- Iltes approved as amended I I. MINUTES OF THE SEPTEMBER 7, 1982 CITY COUNCIL KEETING City Manager Quinlan asked the City Attorney for the legal responsibility on private roadways. City Attorney Kilian replied that the liability is shared. If the City acquires the easement for a bike lane, then the City must be responsible for the maintenance. He also discussed the legal liability of the bike path. Barry Scott, 22093 ßaxley Court, said that the bike path would be si", feet in the Water District property and that actually no one could get to the bike path from the easterly side because it would more or less be a private bike path. Wayne Sargent agreed with Mr. Scott strictly on the bike path. It was moved by Counc. Sparks, seconded by Counc. Johnsor. and passed unanimously to approve Applications 24-U-80 (Revised) and 17-TK-80 (Revised) per Planning Commission Resolution 2337. lt was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to approve Application HC-5l,502.l per Planning Commission R~solution No. 2338. RECESS: 8:55-9:05 p.m. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 31. None ITEMS REMOVED FROM CONSENT CALENDAR 18. Application HC-5l,466.l - De Anza Professional Center (formerly Ga~dar Homes) - Approval of a sign program modification and a sign exception to Section 6.03.1 of Sign Ordinance to allow one tenant two building-aounted signs and space on the existing ground sign. The subject property is located on the east side of De Anza Boulevard approximately 225 ft. north of Bollinger Road (behind Taco Bell). Recommended for approval, It was moved by Counc. Rogers, secondeù by Counc. Sparks and passed unani~usly to approve Application HC-5I,466.1 per Architectural and Site Approval Committee Resolution 1027. 19. Minutes of the rpgular City Council meeting of August <6, 1982. (CC-580) It was moved by Counc. Rogers, seconded by Counc. Sparks and pas~ed unanimously to approve the minutes of the August 16, 1982 Ccuncil meeting as amended. On page I, City Manager's Report. ~ar~graph 2, add a sentence st~ting that Council authorized continuation of the present con~~act for ~nocher month in th~ event the Board of Supervisors Ü::. not able to appl"OVe the proposed 19~2-83 contract in time. e . . KINUTE5 OF THE SEPTEKJIER 7, 1982 CITY COUNCIL MEETING I¡EW BUSINESS 34. Request from KKUP for reconsideration of recent rent increase. Director of Public Works Viskovich suggested that Council spprove charging rent of $450 per month. Rick Nagle, 8100 Hermosa, Ben Lomond, General ¥Anager of KKUP, stated that it was a non-profit organization and they were trying to improve community radio. They were hoping to raise more revenue so they could handle the extra burden of paying the rent. Counc. Johnson asked Hr. Nagle the approximate estimate of the listening audieoce and ~r. Nagle said that he did not have the appropriate figures, but it is in the several thousands. Counc. J~hnson theo asked Hr. Nagle if they have zembership drives. Hr. Nagle replied that they have pledges ever~ six weeks similar to the TV stations who have fioancial support pl~dged. Counc. Rogers asked if they had any alternatives to paying the rent. Hr. Nagle replied that they had no. money and no alternatives. However if they had more time to raise the money, they could probably do so. Counc. Sparks asked Hr. Nagle if they had applied for federal grants and Kr.Nagle replied that they had not. Counc. Plungy asked if they had approached the school districts to see about occupying classrooms in closed schools in lieu of security, and Hr. Nagle replied that they had not pursued that possibility. Diana Sanders asked for a clarification of proposals for services. Counc. Plungy replied that there are human services organizations to which they could apply for granls through the City. Hs. Sanders then referred to the letter from Gloria Jackson, head of community relations for KKUP. ~he also stated that they would like to make the station available to Junior high and high school students as a learning institution for broadcasting. ~~rie Akin, 119L Stafford Drive, asked Hr. Viskovich if KKUP would mov out how much rental would be charged for the facility. ~r. Viskovich replied that they would charge comparable rent and the facility wauld have to have renovation before it could be rented. Ms. Akin st..:"..ed that th~re is very little coverage concerni"'g the radio station with the Cupertino Courier and said that more people should support the sta- tiun and that mere community participation was needed. JoeSodja again reminded Council that it was an all-volunteer staff and also asked Council to have consideration for donation of services. He also said that the radio station should have tt.anked the City sooner than they had for allowing them to pay a nominal fee. CC-583 Page 9 C~r~ J pWlO Appropriatior for KKUP rent . De Anza Racque Club tourna- ment s. ordinance referred to Planning Com. KINUrES OF THE SEPTEMBER 7, 1982 CITY COUNCIL MEETING Barry Marquardt, 993 November Drive, suggested that possibly the radio station bring in new buainess advertising to help the b~sinesses grow. David Emery, l46-lA, W. Dunn St., asked if they could have a one year delay which would given them tillle to explore the alternatives. He stated that he is a vulunteer newacaater at th~ station and donates many hours preparing for his news program. He also stated that moderate advertising helps the businessman and stated that given time they could possibly look into other alternatives. It was moved by Counc. Sparks, seco,.Jed by ~Junc. Rogers and passed unanimougly to appropriate $2,700 from th- General Fund for payment of six months rent for KKUP with the condition that in March KKUP be requested to come back and show Coun~il that they have been making an effort to be self-supporting. By consensus, Councilmember Rogers was appointed to work with KKUP as liaison. 35. Request from De Anza Racquet Club for permission to use the name of tl.e City of Cupertino and to use the tennis courts at Memorial Park, if necessary, for an open tennis tournament. Director of Parks and Recleation Dowling reviewed the request from the De Anza Racquet Club and asked that Council grant permission to use the City's name as well as authorize the use of Memorial Park tennis courts with the exception of court 6 wh~ch was to remain open for public play. Counc. Plungy a~ked City Attorney Kilian about liability. City Attorney Kilian replied that the City is not sponsoring the tournament, merely lending the name of the City, Gary Roeske, l0264 Parkwood Drive, #8, said that he was offering his services in working with the De Anza Racquet Club. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to accept staff recommendation to grant permission for De Anza Racquet Club to use the name of the City of Cupertino for an open tennis tournamente Council also authorized use of the Memorial Park tennis courts (if required) with the exception of court #6 which is to remain open for public play. 36. ~ign ordinance - ASAC recommendations pertaining to civ;c organization signs in the public right-of-way and modirications of real estate sign regulations. Director of Planning and Development Sisk reviewed the referral Council had requested from ASAC giving their recommendation on the sign ordinance. It was moved by Counc. Sparks, seconded by Counc, Rogers and passeè unanimously to refer this item to the Planning Commission where it can be set for public hearing. · · · MINUTES OF THE SEPTEMBER 7, 1982 CITY COUNCIL MEETING 37. Recommendations from the Public Safety Commisaion regarding the "False Alana Ordin3.nce." Nick Szabo, Public Saf~ty Commission, reported on the alarm fees set by the City Manager and thou~t thst they should es" ahte the fine or penalties. He also stated that they will be reportL1g to Council in October. 38. Request for adoption of propos~d Dudget for Cupertino Watp.r Utility. (a) Resolution No. 5949: "A Resolut:J.on of the City Council of the City of Cupertino Approving Cupertino Water Budget 1982- 1983." Directcor of Public Works Viskovich reviewed the Water Utility Budge: with Counc i1. It wad moved by Coun.. Sparks, seconded by Counc. Johnson and pa~aed unanimously to accept staff recommendation to adopt the Water Utility Budget and approve Resolution No. 5949 adopting the budget. 39. Appointment of a Deputy Treasurer. It was moved by Gounc. Sparks, secondeQ by Counc. Johnson and passed unanimously to appoint Carol Sontag as Deputy Treasure.. 40. Statement of Policy pertaining to Treasury functions. Director of Finance Snyder reviewed the Statement of Policy, Treasury Functions, with the Council and answered questions Council had on iõ:V'estments. It was moved by Counc. Johnson, seconded bv Counc. Sparks and passed unanimously to adopt Resolution No. 5939 amending the policy relating to City treasury functions. 41. Claim for damages fil¿d by Y. N. Bayazib. lt was moved by Coun~. Johnson, seconded by Counc. Sparks and passed unanimously to reject the claim for damages filed by Y. N. Bayazib and direct the City :lerk to so notify the claimant. 42. Application for leave to present late claim and claim filed on behalf of Alex Komer, It was waved by Counc. Johnson, seconded by Coune. Sparks and passed unanimously to deny the leave to predent late claim filed on behalf of Alex Komer and direct the City Clerk to so notify the claimant. 43. Claim for I'ersonal injuries filed on behalf of Patrick Joseph Masso. Jacqueline Acl"ne Masso, Patricia Masso; and Stephen M. Koelzer. CC-583 Page 11 Res. No. 5949 adopted - Water Budget Carol Sontag appointed Deputy Treas. Res. No. 5939 adopted BayaÛb claim reje~ted Komer late claim denied .C- 83 l2 o-Koel zer claim rejected . Reading of Ord. 1196 Ord. No, 1196 enacted . KINUTES or THE SEPTEIIBER 7, 1982 CITY COUNCIL MEETING It was ~ved by Coune. Johnson, seconded by Counc. Sparks and passed unanimouslJ to reject the claim for personal injuries filed on behalf of Pat-rick Joseph Masso, Jacqueline Arlene Masso, Patricia Masso and Stephen M. Koelzer and direct che Cicy Clerk to so notify the c1aiaants. 44. Consideration of amended agreeaent regarding accounts receivable coP.ections in Municipal Court. (a) Resolution No. 5947: "A Resolution of the City Council of the City of Cupertino Authori£ing Execution of Pirst Ame~~ to Agreement Adjusting Percentage Distribution of Court Ordered Ac~~unts Receivable Under Penal Code Section l463." Action was taken on this matter under the City Manager's Report. 45. S.-.ns and Complaint filed against the City of Cupertino on behalf of Anita ~. Komer, et al. This it.. was presented to Council for information only; no action was required. 46. Proposed Jrdinance regarding truck routes. (a) Urgency ordinance No. 1196: "An Ordinance of the City Countil of the City of Cupertino Amendinl Section ll.32.090 of the Cupertino Ordinance Code to Provide Specific Authority to Enter Private Property for Purpose 01 Citation and Declaring the Urgency Thereof." City Manager Quinlan reviewed the ordinance with Council. City Attorney ~ilian stated that Council should accept the Sheriff's recommendation for the needed authority. It was ~ved by Counc. Rogels, seconded by Co~nc. Johnson and passed unanimously to read Ordinance No. ll96 by title only and the Cicy Clerk's reading to constitute the reading thereof. It was aoved by Counc. Rogers, seconded by Counc. Johnson and passed unaniDously to enôct Urgency Ordinance No. 1l96. WRITTlS COMMUNICATIONS 47. SO:1e OlD INA.'iCES 48. Seccmd reading of Ordinance Nc. 1174: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. l by Prt,zoning Approximately 148 Acres from Santa Clal County Exclusive A~ricultural Zoning District to City of Cupertino P Zone; the Proposed ¿oning Would Permit Approximately 419 Dwelli~g ënits Consisting of a M~x of Detached and Attached Single-Family Dwellings; the Property is r~nerally Bounded by Rainbow Drive to the North, Stelliag Road to the East, . . . .:INUTES OF THE SEPTEMBER 7, 1982 CITY COœ¡CIL MEETING 48. (continued) Prospect Road to the South, and by the Fremont Older Open Space Preserve and Upland Wa:' to the West." It ~as moved by Counc. Rogers, seconded by Gounc. Johnson and passed ur~nimously to I~ad Ordinance No. 1]74 by title only and the City Clerks' reading to constitute the second ~e8ding thereof. It was moved by Counc. Rogers, seconded Þy Counc. Johnson ano passed unaDlJIIOusly to enact Ordinan"e No. .1l74. 49. Second reading of Ordinance No. l189: "An Ordinance of the City of Cupertino Amending Various Sections of Chapter 8.08 of the City of Cupertir:o Relating to Animals." It was moved by Gounc. Rogers, seconded by Counc. Johnson and passed unanimously to read Ordinance No. 1189 by title only and tha City Clerks' reading to constitute the second r ~~ing thereof. It was moved by Counc. Rogers, seconded ~1 Counc. Johns~n and passed unanimously to enact Ordinance No. llS9. 50. First reading of Ordinance No. 1197: "An Ordinance of the City of Cupertino Amending Title 11 of the Municipal Code by Addiug Thereto Section 11.27 Entitled 'Permi¡; Parking Zone'." It was moved by Counc, Rogers, seconded by Gounc. Johnson and passed unanimously to read Ordinance No. ll97 by title only and the City Clerk's reading to constitute the first reading thereof. NON-AGENDA BUSINESS 51. Recognition by Kay~. of special requests. (a) General Audience - None (b) City Cou~cil - It was moved by Counc. R~gers, seconded by Counc. Johnson and passed unanimously that an ordinance be presented to Council changing the order of the agenda so that "Items Removed from Consent Calendar" appears i...ediately following the Consent Calendar. At 11:IS p.m., the mPC Room, Monday, SepteL" ~r management. ng was adjourned to the Library Conference 13, 1982, 6:30 p.m., to discuss solid waste ~~ /~ _/.~ a." "'./.II~ !16 ,~ - -.~ o eputy cç¿.-aer~ CC-583 Page n Second reading of Ord. 1174 Ord. No. 1174 enacted !tecond reading of Or~. No. 11 Ord. No. 1189 enacted rirst rading vf Ord. ll97 Change of order of agenda budiness