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CC 05-20-85 CIrr OF ClJPBlITIlfO, STA1'I OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MIlCUTES OF THE REGULAR tarING OF THE CITY COUIfCIL HELD ON MAY 20, 1985 IN THE COUIICIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA CC-·611 Acting Mayor Sparks called the ....ting to order at 6150 p.m. in the Counoil Chamber. SALU," TO THE FLAG ROLL CALL Counc. Present: Gatto, Plungy, Sparks Counc. Absentl Ro~~rs, Johnson Statt Present: City Manager Quinlan City Clerk COrJ1elius Director ot Publio Works Viskovioh Director ot Planning and Development Sisk Director ot Finance Snyder (lett at 1:30 p.m.) Direotor ot Parks and Recreation Dowling Com. Attairs Otticer Blackburn (lett at 10:05 p.m.) Planner I Binnendyk City AttorJ1ey Kilian POSTPONEMENTS OR NEW AGEllDA ITEMS - It was moved by Couno. Gatto, seconded by Couno. Sparks and passed unan1lllously to remove Item No. 12 trom the agenda. STAFF REPORTS 1 . Oral reports by statt _bers and submission ot written reporta . City ~'s Report Study Sessions Requested - (a) Church Property - Council set a study session to be held in City Hall at 7!00 p...., Tuesday, June 11. (b) Architecta tor City Hall and Library - Council set July 3, 7:00 p.m., City Hall, tor a meeting. ec-unications - It was moved by Couno. Plungy, seconde.J by Counc. Sparks and passed unan1lllously to appropriate $17,000 trom the General Fund tor a consultant. Annual Spring Cleanup - It was IIOved by Counc. Plungy, seconded by Couno. Gatto and passed unanimously that statt review the prog~ and report back. -1- Items removed Study sessions re church property and City Hall architects Communications consultant Spring cleanup Auc Authority budget Gatto appointed to Transit Authority Housing for mentally ill Appointment to ABC BMR Sub- committee .ary ission Appropriation for equip- ment City of El Monte - HIHlJTE3 OF THE HAY 20, 1985 CITY COIiHCIL HBBTIHG (CC-610 Budget tor Trattio Authority - By oonsensus, Counoil requested that the Mayor send a letter to be dratted by the C1ty Manager expressing the1r concern v1.th t:he amount ot the budget. It was moved by Couno. Plungy, seconded by Counc. Sparks and passed unanimously to appoint Couno. John Gatto to the Transit Authority. Permanent Housing tor Mentally III - It was IDOved by Couno. Plungy, seoonded by Counc. SparkS and pasaed with Couno. Gatto abstaining to support the proposed program. By oonsensus. Council requested that the Mayor send a letter ot support tor the appointment ot Santa Clara Councilmember Auralee Street to tne Alcoholio Beverage Control. Sit)" Clerk's R~ BMR SubcOlllD1 ttee - It was IDOved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to appoint Cindy Rottman to the subcOlllD1ttee. Library Commission - By consensus, Council directed that the opening ot the unexpired term ot Pat Jacksor be publicized in the June issue ot the Cupertino Scene and that interviews be conducted on June 20. Counc1l also requested intormation regarding changing the date ot appointing oomaisaioners in September. Request tor Appropriation f~r Equipment - It was IDOVed by Counc. Plungy, seconded by Counc. Gatto and pasaed unanimously to appropriate $88,700 trom the Vehicle Fund tor purchase ot equipment. City Attorney Kilian informed Council that there was currently some litigation regarding a oity paying punitive damages tor an eIIIployee. As Counoil had previously expressed support tor this, Mr. Kilian asked it the City wished to Join in the briet. It was IDOved by Counc. Gatto, seconded by Couno. Spark' and passed unanilllously that the City of Cupertino Join In the briet (City ot El Monte). (City Clerk's Note: Direotor of Finance Snyder lett the meeting at 7:30 p.m.) -2- HINUTFS or THE HAY 20, 1985 CITY COUNCIL HDTIHG (CC-671) 2. Keoort uodating a.lternate ways or serviQt delivet" in Cupertino. Counoil direoted a rev1ew ot oost ot po:"1ce servioes in oonneotion witb o~ication oost alternatives. 3. Treasurer's Report - April, 1985. The report was received by Counoil. COUNCIL REPORTS 6. Couno. PIWI8Y: Legislative Review COIIIIÛttee - .:t vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to take the tollowing actions regarding proposed legislation I Request copies ot AS 2206, property tax transfer; SB 115, local investlllellts; AD 1861, hazardous materials; and SB 917, sbit~ ot lien datft. Oppose ACA 26 and AS 1866 (Jolmson), restriction on local taxing authority; oppose AS 1129 (Cbacon), Brown Act, attorneys' t'ees; oppose AS 2198 (Felando), lCaylor Act repeal; support AS 2000 (Davis), vehicle registration t'ee _sty progru¡ support AS 1611 (Cortese), local sales tax records under control ot Board ot E«ual1zation; support SB 75, deep pocket. 8. Couno. Sparksl BMR Sub-cOlllllittee _ It was moved by Counc. Gatto, seconded by Counc. Plung)" and passed witb Counc. Sparks d1ssenting to oontinue witb the agenda as published. COICSEtlT CALENDAR Counc. Gatto I'eIIOved Item 16; Counc. PlWI8Y relDOved Item 17. It vas IIOVed b1 Counc. Gatto, seconded by Counc. Sparks and passed nn.ni....ualy to approve the balance ot' the Consent Calendar. 9. Resolutioo 10. 6567: -A Resolution ot the City Council ot the City ot Cupertino Allowing Certain Claills and D .....s Payable in tbe AIIOunts and tro. the Funds as Hereinafter Described t'or Salaries and Wages tor the Payroll Period Boding April 30, 1985.- 10. Resclutioo 10. 65~: -A Resolutioo ot tbe City Council ot' the City ot Cupertino Allowing Certain ClaiIIS and ('-a'VIe Payable in the Aaounts and FI'OIII the Funds as Horeinatter Described tor General and Miscellaneous Expenditures tor the Period Ending May 10, 1985.- -3- Review of poJl.ce service costs Legislative Review Colllll11ttee Items removed Consent Cal- endar approved HINUTBS OF THI HAr 20, 1985 cur COUNCIL HiBTING (CC-67J) þ 11. Resolution No. 65691 -A Resolution ot the City Counoil ot the City ot Cupertino Appro.,ing Contraot Change Orders 1C0. 3 and 1C0. 4, HOIIestead Road and Wolte Road Trattio Signal Hodit1oation ProJect 82-09.- 12. Resolution No. 65701 -A Resolution ot the City Council ot tbe City ot CUpertlDO lutborlz1Ds ExecutlOft of Asre_nt with Holland East and Duv1Yier Providing tor Arohitectural Services tor City Hall/Library/Civio Center Expansion.- 13. Resolution No. 65721 -A Resolution ot the City Counoil ot the City ot Cupertino Supporting Roberti-Z'Berg Blook Grant Application and Superseding Resolution 1C0. 6538.- þ 14. Request from Cupertino Jaycees tor waiver of tees tor a fund raiser at the Senior ColIIIIWIity Center. 15. Applioation 17-U-83 - Town Center Properties - Informal review ot landscaping and lighting tor the Phase II portion ot the Town Center residential development per Condition 26 ot City Clerk's Letter dated November " 1983. The property is located between Stevens Creek Boulevard and Rodrigues Avenue, east ot Torre Avenue. Recommended tor Approval. 16. R~ved. 17. RellOved . ITEHS REtl)VED FROM CONSENT CALElCDAR 16. Applioation Hc-51,6".1 - Sneaker's ot Nortbern Celitornia (Vallco Park, Ltd.) - Requesting approval to install a root lIOunted satellite dish antenna with an enclosure tor screening purposes. The property is the existing restaurant tacility located within the Vallco Villa&e Shopping Ce:1ter at the southwest corner ot Wolte Road and HOIIestead Road. Recoaaended tor Approval. Director ot Planning and Development Sisk shoved drawings ot the proposed location ot satellite dishes. Dennis Cbargin representing Sneaker's intorll8d Council that the satellites were tor television seta. þ Charles Newman, Vall co Park, stated that· the dishes were designed to handle Sneaker's only and not allot Vallco. -4- KIJlUTBS OF THE HAY 20, 1985 CITY COUNCIL MEBTDlG (CC-67t) It was lDO.,ed by Couno. Gatto, seconded by Couno. Pl\ID8Y and passed witb Couno. Spuolcs d1ssenting to appro.,e Application HC-51,611.1 as subaitted. Counoil pointed out that this was an unusual situation and was not precedent setting. 17. Minutes ot the regular _tina ot May 6, 1985 (CC-670). It was lDO.,ed by Couno. Plunø, seconded by :Cunc. Sparlca and passed unanilllously to appro.,e the minutes amended wi tb page 15, last paragrapb, liDe 7 amended to read, ". . . be lDO.,ed, area witb kiosk be lowered and requested entrance way be . . . · ORAL COMMUNICATIONS 19. Members ot the audience regarding matters not on the agenda. None. 20. Proclamation honoring Eagle Scout Kenneth Schott. Acting Mayor Sparks presented the proclamation. PUBLIC HEARIHGS 21. Consideration ot vacation ot storm drain easement, Tract 7521, Quinteroo Court. (a) Resolution lCo. 6571: "A Resolution ot the Ci..y Council ot the City ot Cupertino Ordering Vacation ot a Public Service RA-...nt within Lot 5, Tract lCo. 7521, Quinteroo Court Pursuant to Sectioo S0430 ot the Oo.,enment Code ot tbe State ot Calirom1a." It was lDO.,ed by Couno. Plunø, aeoonded by Counc. Gatto and passed nn"ni-usly to ClOM tbe public hearing. It was lDO.,ed by Counc. Plunø, secooded by Counc. Gatto and passed unanUlcusly to adopt Resolution No. 6571. 22. City ot Cupertino I Modirica tion ot procedural JllllIlual tor the Below Market Rate Bousina Program to peMll1t residential de.,elopers to pay tees in lieu ot pro.,iding units prioed at below-arket sales prices. Reco_nded tor approval. (It_ No. 35 to be heard in conjunction with this.)s -5- May 6 minutes approved Res. 6571 adopted MIHUTES OF THE KAY 20, 1985 CITY COU1ICIL MmIHG (CC-6T1) NEW BUSINESS 35. Request to pay tee in lieu ot providing six BMR units - Woodapringa. (To be heard in oonjunotion with Modification ot the Procedural Manual tor the Below Market Rate Housing Program.) Planner I Binnendyk answered questions of Aoting Mayor Sparks. Gary Johnson, Woodspr<.g developer, requested that aotion be taken. Council poin&ed out that a raco_ended revision ot the BMR Program is expected to come before Counoil at their June 17 lDeeting. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to continue Itelll8 22 and 35 to the meeting ot June 17. PUBLIC HEARINGS (continued) 23. Consideration ot reprogramming $18,648 Coaaunity Development Block Grant funds. to be heard in conjunction with this.) in residual (It ell No. 36 NEW BUSINESS 36. Allocate $14,530 ot Community Developœent Block Grant funds to be received in the 1985-86 Program Year. (To be heard in conjunction with Reprogr8llllll1ng of $18,648 in residual Coaaunity Development Blook Grant Funds.) Planner I Binnendyk revi_ed the proposed prograDlll1ng with Council. Beverly Lawrence ot Mldpeninsula Citizens tor Fair Housing urged Council to put the entire amount ot IIOney into a senior housing program. She intol"lDed Counoil that there are non-profit organizations wt.o have done this sort ot funding for senior rental housing. Counoil requested that start do more investigatiOD into senior housing programs. Iola Hendricsen stated that she would like to see the programaing of funds structured for rentals rather than property purchased. She also asked if the,·e were existing struotures such as vacant school buildings that could be rehabilitated into senior housing. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to close the public hearing. -6- HDlUTBS OF THE HAY 20, 1985 CITY COUNCIL HEBTING (CC-61t) It vas IIOved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to adopt R~solution No. 6575 prog,.......i..g ~,10,000 to the Housing Rehabilitation Program and $8,648 to t.be Senior Citizens/Handicapped Housing Fund. It vas IDOVed by Couno. Gatto, seconded by Counc. Plungy and passed unaniaously to adopt Resolution No. 6574 approving $14,530 tor the Senior C1tizens/Handicapped Housing Fund. PLANNING APPLICATIOICS 24. Application 1-V-85 ot Thomas Lesondak: Variance troll Section 8.3.1 and 8.3.2 ot the Zoning Ordinance to perait a 4'6- setback in lieu of a 5 ft. setback required tor single story elellent, and a 4'6- setbaok in lieu of a 20 ft. setback required tor a second story elellent and Envil"ODlllental Review: The proJect 18 categorically eXellpt, hence, no action is required. The subJect property is located on the north side of Stevens Creek Boulevard approximately 400 ft. east of Janice Avenue in an Rt-10 (Re~idential single-family, 10,000 sq. ft. min1llUII lot size) zoning district. Recomended for denial. (a) Resolution lCo. 6536: -A Resolution of the City Council ot the City ot Cupertino Granting a Variance to Thomas Lesondak trom Sections 8.3.1 and 8.3.2 ot the Zoning Ordinance to Permit a 4'6" Setback in Lieu ot a 5 Ft. Setbaok Required tor a Single Story Element, and a 4'6" Setback in Lieu ot a 20 Ft. Setback Required tor a Second Story Elellent." Director ot Planning and Development Sisk reviewed the request tor a variance with Council and submitted photos ot the area. To. Lesondak, applicant, intorll8d Council that what he is asking tor consists ot one bedl"OOll, 3. deck and a carport. It was IIOved by Counc. Gatto, seconded by Counc. Plungy and passed with Counc. Sparlca dissenting to deny the variance per Planning Commission Resolution 1C0. 2624. 25. Application 16-U-85 ot Roger Kohler (Robert Ersepke): Use Permit to construct a mixed use two-story building with 1,600 sq. tt. ot showroom/warehouse on the first level and one residential dwelling uni t on the second level and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subJect property is located on the -7- Res. 6575 adopted Res. 6574 adopted I-V-85 denied KIHUTES OF THE MAY 20, 1985 CITY COUNCIL MEETIICG (CC-67" 25. (continued) east side ot Orange Avenue approximately 100 tt. soutb ot Stevena Creek Boulevard in the Monta Vista Commercial Distriot in a P (Planned Developaent with Neighborbood Commeroial, Light Industrial and Residential, 4-12 dwelling units per gross acre intent) zoning district. Recommended tor approval. Director ot Planning and Development Sisk reviewed the start report witb Counoil. Roger Kohler, architect, told Counoil that people will COllIe to tbe sboWl'OOlll and look at garage doors and prage door openers and deoide on a purchase. There would be some repairs and installations from this location also. The storeroom was tor the storage of doors and openers. Robert Ersepke, owner, intonDed Counoil that he will be doing retail sales and he i3 not a suboontraotor. Ann Anger, Monta Vista Improvelllent Assooiation, expressed ooncern regarding tbe proposed use. Nancy Hertert ot the Cupertino Historical Sooiety pointed out the historical significanoe of an almond tree located on the property. It was moved by Counc. Plungy, seconded by Couno. Gatto and passed unanillously to approve the granting ot a lCegative Declaration. It was moved by Couno. Plungy, seconded by Couno. Gatto and passed un..n1lB()usly to approve Application 16-U-85 per Planning COIIIIission Resolution No. 2637 with CorlditiOl1 No. 17 aJDended to state that the purpose is retail sales aDd that it the use changes troa retail the C<lunoil will review the use permt again; and ConditiOl1 23 amended to ooata1n a stat_t that the City shall have a oonsultant eXaJline the tree and report ~aok regarding its health, durability aDd _tbods that can be used to assure its survival. t 26. Application 17-U-85 ot Raymond Rooker: Use permt to expand and remodel an existing residence into a 1,900 sq. ft. two-story office building and RnvirCXlll8l1tal Reviewl The Planning eo.nssion recOØIends the granting ot a Negative Declaration. The subject property ia located on the nortb side of Granada Aveoue 100 ft. west of Imperial Avenue in the Monta Vista eo.mercial Distriot in a P (Planned DevelopDSDt with lCeighborbood Commercial, Light Industrial and Residential, 4-12 dwelling units par gross acre intent) zoning district. Recommended for approval. -8- murBS Of THE HAY 20, 1985 CITY COUNCIL HEBTING (CC;-671) Director ot Planning and DeveloplDent Sisk reviewed the appliCMtion with Counoil. Ann Anger, Monta Vista, stated like it will be attraotive. regarding lattice work. that tbe arobiteoture looks Sbe did exþress ooncern Ray Rooker, architect, told Council that ì~ was proposing real lattice work Wbiob would be a solar shading device in tront ot windows. It was stated that Council did reoeive SOllIe coaaents trOlll Council .-ber Rogel'll opposing the proposed gables. It was moved by Couno. Gatto, seconded by Couno. Plungy and passed unanimously to approve the granting ot a Negative Declaration. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed with Caunc. Plungy dissenting to approve Application 17-0-85 per Planning CoIIIDJ.ssion Resolution No. 2638 with the stipulation that there be a II1nr- ot 18 inches troll the building tace to the lattice line, that the lattioe work be painted out with the trim adjaoent to it and that real lattice work be used. Following discussion, it was moved by Counc. Gatto, seconded by Cauno. Plungy and pasaed unanimously to change the proposed 18 inches to 30 inches. RECESS: 9:20-9130 p.lI. By consensus, Ccuncil took Item lCo. 31 out ot order. ICBW BUSIlCESS 31. Consideration ot request tor Counoil endorsement ot the Sate Rides prograa. Richard Sonnenbliok, student and volunteer, desoribed the prograJII and its history to Counoil. It was moved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to endorse heartily the prog~. PLAllNIHG APPLICATIOICS (continued) -9- Negative De,::.e l7-ij-85 approved Endorsement of Safe Rides . . . Negative Dec. e 4-U-83 approved Fourth of July . HIKUTES OF THE MAr 20, 1985 CITY COUNCIL HEETDlG CCC-671) 27. Application 4-0-83 ot Carl N. Swenson, Co., Ino. (Itauo Uenalca) I AJaendlllent ot use perm! t to ..ed1fy oond1 ~1ODa ot appl~va1 ~la~ing to building in~enaity and accounting of traffic generation and EnviroDllental Reviewl The Planning Commission recommends the grant1ng ot a Negative Declaration. The subjeot property 18 located on the west side of North De ADza Boulevard approximately 200 ft. south ot Mariani Avenue in a P (Planned Development with General Commeroial, Industrial and Residential intent) zoning distriot. Reo~ended for approval. Direotor of Planning and Development Sisk reviewed the proposal with Council. Discussion followed regarding the value of trips and replaoement of the former auto parts store with a landscaped area. Doug Sugimoto ot Swenson and Co. expressed the opinion that the proposed development would enhanco De ADza Boulevard and be of benefit to the City. It was IIIOved by Counc. Plungy, seconded by Counc. Gatto and passed unaniJDously to approve the granting ot a Negative Declaration. It was IIIOved by Counc. Plungy, seconded by Counc. Gatto and passed unaniJDously to approve Application 4-U-S3 per Planning Commission Resolution No. 2640 with Condition No. 18 amended to delete reference to oft-street parking and to include a statelllent that the applicant shall install landscap1ng based upon a p1an reviewed by !SAC and approved by Counoil. ARCHITBCl'UJIAL AND SITE APPROVAL APFLICATIONS 28. None. UNFINISHED BUSINESS 29. None. NEW BUSINESS 30. Request tor appropriation trom general fund tor Fourth ot July festivities. It was moved by Counc. Gatto, seconded by Counc. Plu.1V and passed unaniJDously to appropriate $10,020 from the General Fund for the City's July Fourth program. -10- HIHT1m OF TH! HAY 201 1985 CIrY COOICIL HßTIIG (CC-61 , ) 31. Considered out ot order af'ter It. 1C0. 26. 32. Interpretatiaa ot zonins regulatioaa reprdins expansion ot the Rite lap taoility located at 20020 Stavens Creek Boule'flU"d. City Attorney Kilian requested a clos~ session per Government Code Section 54956.(0). 33. Cla1II tor damages tiled by Theolyn Farley. It was IIOved by CoUDO. PlUDgy, seconded by CoUDO. Gatto and passed unanillously to reject the ola1ll and direot the City Clerk to so notity olaiDant. 3J . Claim tor clallages tiles by bUy R. Madsen. It was moved by CoUDO. Plungy, seconded by Counc. Gatto and passed ¡¡nanilDously to reject the olaim and direot the City Clerk to notify olaiDant. 35. Heard with Item 22 under Publio Hearings. 36. Heard with Item 23 under Publio Hearings. WRITTEN COttmNICATIOIIS 37. None. ORDINANCES 38. Second readins ot Ordinance No. 1305: -An Ordt.nance ot the City ot CupertiDO llleDdins Section 1 ot Ordinanoe No. 2 by Auodins the Znni'lg Application Regard1ns Adjust.-nt to tile Site Plan and aaendins ConditiOl1 16 Regardins Dwellins Unit Types and Trip Factors; Approxmately 148 Aorea Generally Bounded by Rainbow Drive, Stelling Road and Prospect Road.- It was IIOved by CoUDO. PlUDD, seconded by CoUDO. Gatto and passed unanÚlOusly to read Ordinance DO. 1305 by title only and the City Clerk's reading to cOI1stituta the I!econd reading thereot. It ....S IDOVed by Counc. Gatto, seconded by Counc. Plungy and passed unanÚlOusly to enaot Ordinance 1C0. 1305. 39. Second reading ot Ordinance 1C0. 13061 -An Ordinance ot the City ot Cupertino Adding Chapter 2.78 to the City Municipal Code Eatablishins a Process tor Issuance ot Subpoenas in Relation to the Landlord Tenant MeJiation Process.- -11- Farley claim rejected Madsen claim rejected Second reading of Ord. l305 Ord. 1305 enacted ~ end read- ing of Ord. d06 Ord. 1306 enacted Res. 6577 adopted aeIV Coaaictee grants Res. 6536 and 6578 adopted Closed session . KIKU11S Of T/Œ !fA! 20, 1985 CITr COUNCIL KBBTDIG (CC-611) It was IDOVed by Counc. Plungy, seconded by Counc. Gatto and passed unanimously to read Ordinance No. 1306 by title only and the City Clerk's reading to constitute the second reading thereot. It was IDOved by Counc. Gatto, seconded by Counc. Plung;y and passed unanimously to enact Ordinance 1C0. 1306. RESOLUTIONS 40. 1C0ne. 1C01C-AGElCDA BUSINESS 41. Recognition D7 Mayor ot special requests. (a) General Audience - None. (b) City Counoil - None. (c) Statf. It was IDOved by Counc. Plungy, seconded by Counc. Gatto and passed unanimously t? adopt Resolution No. 6517 accept~ Grant Deed, Haley. Grant Applications, Cable IV ComIIIittee - It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed unanimously to approve grants as tollows: Teletheatre- $200; California History - $500; Teen Scene - $200; Services - $1,000. It was IDOVed by Counc. Gatto, seconded by Counc. Plungy and passed unant.ously to adopt Resolutions 6536 and 6518 authorizing execution ot grant deeds, Hall and Johnson. At 10105 p..., Council adJourned to a closed sessioo to disouss the ite. pertaining to the Nite lap and the tDinent dOllain proceedinga - Bianchi. (City Clerk's 1C0tel Community Attairs Otticer Blackburn lett the meeting at 10105 p...) At 10125 p..., the Meting was reconvened in Council Cballber with Counci~bers Gatto, Plungy and Sparks present, as well as City Ha:1ager Quinlan, City Clerk Cornelius, Director ot Publio Works V<"kovich, Director of Planning and Development Sisk and City Attorney Kilian. -12- . HIIfUTBS OF THE MAY 20, 1985 CITY COUNCIL HEETIICG (cc-671) It waa IIOved by CoUDO. Gatto, seconded by CoUDO. Plungy and paaaed Wlan~ualy to appropriate $7,744 tor easellØDt at Stevens Creek Boulevard and Sar. Juan Road and to rejeot two otters on Lot 7 at Türee Oaks I'¿,r>\c Subdivision aa they were below the apprais..1 value. Bianchi Way Bianebi Way - It was IIOv~d t.;; CoWlO. Gatto, seoonded by CoUDO. P1UDSJ and passed Wlan1lllously to appropriate $1,300 tor Mr. Roberts and to approve otber items regardina wa!v'V' ot uniIIIproved street ordinance and an otter to settle. MEW BUSIICESS 32. Interpretation ot zoning regulations expansion ot tbe Nite Kap tacility located Ste~·ens Creek Boulevard. regarding at 200~0 Nite Kap expansion It was IIOVed by CoUDC. Gatto, seconded by COWlC. Plungy and passed \l \An11Oftualy that the use ot tbe kitcben taoility at tbe Nite Kap does not require a new use permit but that any expansion (i.e., takeout, ;&reater intensity, etc.) would be considered a new use and tberetore require an application. . At 10:30 p.m., CoUDoil adjourned. "&l¥~-' Cit, Clerk , ~ 1'?_