CC 07-18-83
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CIT~ or CIJP.I'I'IIO, STA'I'E or CALlrORRIA
10300 Torre Avenae,.Cupertino, ~ 95014
Telephones (408) 252-4505
MIN07ES OP THI REGOLAR MEETING OF THE CITY COUICJL
HELD OM JULY 18, 1983, IN THE COU.CIL CHAInIn,
CITY HALL, COPIR7I.0, CALIFORNIA
CC-615
Page 1
Mayor Gatto called the ..eting to order at 6s45 p... in the
Council Chamber, City Hall.
SALUTE TO THE FLAG
ROLL CALL
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Counc. pre.ents JOhn.on, Plungy, Roger., Spark.,
Mayor Gatto
Staff pre.ents City Manager Quinlan
City Clerk Cornelius
Director of Public Work. Viskovich
Director of Planning , Development Si.k
Director of Park. and Recreation Dowling
A..i.tant to the City Manager Brown (7sl5
p.m.)
A..iatant Planning Director Cowan
City Attorney Kilian
STAPP REPORTS
1. Oral report. by .taff memb.r. and .ubmi..ion oí written
report..
City Manager'. Report
Cable Television Channel 3 Operations - It wa. moved by
Counc. Roger., .econded by Counc. Plungy and pa....d
unani~ou.l) to form a committe. to work with
repre.entative. from De Anza Coll.ge. The comaittee shall
con.i.t of the City M~nager, As.i.tant City Engineer and
the Chairper.on of the Cable TV Advisory Committee.
Mos~uito Abatement Ordinance - Council referr~d the
erdinance to the City M~n~ger for review and amendment. It
shall be plac.d on th6 August 1 Council agenda.
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San Jose Water Rate Increase - Referred to staff to
investigate.
Alameda County Resolution - Referred to staff for review of
any effect or impact on Santa Clara County.
Cable TV
Mosquito Abate
ment
Water rate
increat",e
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reworks
Civic Cen-
ter expan-
sion
Legislative
Review
Consent
Calendar
approved
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MINU~ES OP THI JULY 18. 1983 CIT! COUNCIL MIBTING CC-6l5
July 4th Pi reworks Display: By consensus (Coone. Johnson
dissenting) Cooncil directed staff to prepare data
regarding a possible firework. display and so~it it to the
Park. and Recreation Commi..ion for recommendation. The
matter will be referred back to Cooncil in the late fall.
Civic Center Bxpansion: By consen.us. Council directed
this to be held in abeyance.
COUNCIL RBPORTS
Counc. Johnson: Legislative Revi.w Committee - It was
moved by Counc. Ploagy. .econded by Counc. Roger. and
pa..ed unanimously to take the following action r.garding
proposed legislatioa: Support AB 1455 and AS 1956.
elections~ Oppose AS 1597. Hou.ing Blement Law.
CONSENT CALBNDAR
It was moved by Coone. Rogers. .econded by Counc. Plungy
and pa....d unani~sly to approve the Consent Cal.ndar a.
.ubmitted.
7. Re.olution No. 6132: "A Resolution of the City Council
of the City of Cupertino Allowing Certain Claims and
Demand. )'ayable in the AIIounts and from the Funds as
Hereinafter De.cribed for Gen.ral and Miscellan.ous
Expenditur.. for the perind Ending Jon. 24. 1983."
9, Resolution No. 6133: "A Re.olution of the City Council
of the City of Cupertino Allowing Certain Claims and
Demands Payable in the Amounts and from the Pund. a.
Hereinafter Described for Salari.s and Wage. for the
Payroll Period Ending June 29. 1983."
9. Re.olution No. 6134: "A Re.olution of the City Council
of the City of Cupertino to Con.ider the Clo.ure of
Alve. Driv~ at Stelling Road or other Traffic
Mitigating Measare.. Pursuant to Section 8320 et seq.
of the Street. and Highway. Code of the State of
California: Fixing Tlme and Place for Public Hearing
and providing for No~ice Thereof."
10. Resolution No. 6135: "A Resolution of the City Council
of the City of Cupertino Approving Contract Change
Order No.3 For City Hall Ba.ement Modification Project
79-56, Plumbing. Fire Sprinkler and Mechanical."
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MINOTES OF THE JOLY 18, 1983 CITY COUNCIL MBBTIMG CC-615
11. Resolution No. 6139: "A R.solution of the City council
of th. City of cupe~tino Autho~izing Ezecution of
Ag~...ent B.tween the Ci ty of Cupe~tino and John and
Diane Doonan to Allow Tb.i~ R..iding in Tbei~ P%e.ent
Residenc. Du~ing Const~uction of a New Re.id.nce at the
Sr..... Addr...."
12. Acceptance of Municipal
I..prov..ent.:
(a) Guzman-Stockl...ir, Orchard Court - In.tallation of
wat.rline and ..rvic..
(b) Tract 5915, Scenic Boulevard
(c) Tract 7005, Scenic Boulevard and Stevens C~.ek
Blvd.
(NO docu..entation n.c...ary.)
CONSENT CALENDAR (continued)
13. Resolution No. 6121: "A R.solution of the City Council
of the City of Cupertino Authorizing the Ezecution of
Deferred Agre..ent With Ubaldo and Ma~ia C. P.rez for
the I..prov...nt of Frontag. Along St.ven. Cre.k
Boulevard w.st of Foothill Boulevard."
14. Minutes of the regular ....ting of July 5, 1983
(CC-614) .
Vote
Me..bers of the City Council
Johnson, Plungy, Rogers, Sparks, Gatto
None
Non.
None
AYES:
NOES:
ABSENT:
ABSTAIN:
ITEMS REMOVED FROM CONSENT CALENDAR
15. None.
ORAL COMMUNICATIONS
16. Members of the audience rega~ding matters not on the
agenda.
Ann Anger, Monta Vista, informed Council that there was
still parking on Highway 85 right of way.
(City Clerk's Note: Assistant to the City Manager Brown
arrived at 7:15 p.m.)
Pa. 3
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Items c.on-
tinued
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MINUTES OP THE JULY 18, 1983 CITY COUNCIL MEETING CC-'15
The City Manager gave an update on his request to Aerian
and the State that the parking be eliminated.
Mayor Gatto announced that Item No. 20 on the agenda would
be continued to Tuesday, July 19, 1983 at 7:00 p.m. Should
the evenings meeting be lengthy, the possibility of
continuing other items to that date would be discusseð at
10:00 p.m.
PUBLIC HEARINGS
17. Application l-GPA-SO of CITY OP CUPERTINO GENERAL PLAN
AMBNDMENT: Consideration of a comprehensive amendment
of the City of Cupertino General Plan. The General
Plan will concentrate on land use, traffic circulation,
housing and economic issues which affect the entire
co_unity.
MAJOR DISCUSSION ITBMS
A. Land Use/COIIIIIIunity Character Element
B. Housing Element
C. Circulation Element
D. Piscal Impact, Co_unity Services and
Implementation Elements
E. EnvirolllDental Impact Considerations
Certification of Environmental Impact Report for
Application l-GPA-80.
(a) Resolution No. 6137: "A Resolution of the City
Council of the City of Cupertino Certifying the pinal
Bnvironm~ntal Impact Report for a General Plan
Amendment as to Its Compliance With the California
Environmental Quality Act and State and Locally Adopted
Guidelines."
(b) Resolution No. 6136: "A Resolution of the City
Council of the City of Cupertino Adopting an
Amendment to the General Plan Concerning Land Use,
Housing, Circulation, Fiscal Impacts, Parks and
Community Services."
Director of Planning and Development Sisk reviewed the
application with the Council and stated that the Housing
Element would be the first it~m of discussion. He stated
th~t Policy 3-9 of th~t Element pertaining to condominium
convezsions was not changed by the Planning Commission.
r. Sam Young, attorney representing Woodmont Properties,
addressed Council regarding condominium conversit I and
introduced Mr. Matt Co~way of Woodmont Homes. Mr. Conway
requested ð changed in the policy to give the City Council
the power to allow condominium conve~sion in order to
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MINUTES OF THE JULY 18, 1983 ~ITY COUNCIL MEETING CC-61S
provide affordable housing. Ha presented charts showing
the income required to buy the average hoae in Cupertino
and the average income in Cupertino. Other charts showed
Cupertino rental prices, a survey of housing available for
sale in Cupertino in March, 1983, and the cost to own/cost
to rent.
Mr. Ron Coleman of Valley Green Apartments spote in
opposition to condominium conversions. He also stated to
the Council that in regard to the process of obtaining
conversion approval, he had signed approval but felt it was
done under dure.s.
Mayor Gatto announced that the Council was not addressing a
specific condominium conversion at this hearing, but merely
the policy.
John Grover, Cupertino, stated he is opposed to a change of
pOlicy 3-9 and requested that Council leave it as it is.
Robert Sart, Valley Green Apartments, said that he would be
unable to afford a condominium and would bave to leave
Cupertino. He stated that the present policy has been in
effect for a long time and had been planned to meet future
needs. He requested that Council think of the -little
people.-
David Hoyen, Valley Green Apartments, expressed opposition
to the proposed amendment and opposition to condominium
conversion. He felt the change would cpen the door for
profit lIIotive to real estate persons and developers. He
said that apartment dwellers want the mobility,
Janet Wright, Valley Green Apartments, expressed the
opinion that policy 3-9 helps maintain moderate priced
housing and opposed any change or additions. She felt that
single-family homes should not be included in rental stock
figures as presented as they may well be sold with a change
in the economy. She requested that the City Council not
allow conversion.
Bob Turner, Valley Green Apartments, expressed support for
a change in policy to allow conversions to occur."
Vernon Hamilton, Valley Green Apartments, addressed Council
regarding the future exodus of Apple Computers from
Cupertino.
Greg Johnson, Cupertino, expressed support for a change in
policy.
Mr. Ferguson, Valley Green Apartments, stated that he was
on both sides of the issue as he lived in a rental house
but is par.t owner of four aprtment hou~es. He expressed
strong support for a secret ballot should conversion be
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Condo~nium
eonversion
policy
1Þ~hanged
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HINO~ES OF ~HE JOLY 18, 1983 CITY COONCIL HE!~I.G CC-615
allowed. However, in genel'al he was opposed to any change
of policy. He stated that his f_ily had had a bad
experience regal'ding convel'sion previously. He l'equested
that Council leave tt. policy as is and stated that
pl'obl..s often OCCUl' when a Council overrules a Planning
C~ission as they are the expel'ts.
MayoI' Gatto info1'Ded HI'. Fel'guson that the Council was.
legislative bod~ and the Planning Commission is advisory.
Council discussioD followed l'egarding POlicy 3-9 and the
impact on existing rental stock that eight occur with a
change in the policy. The flexibility allowed by
eliminating the vacancy p&l'centage factor was also
mentioned .
Sheila Bl'utoco, consultant on the Housing Element, stated
that in ordel' to be eligible for mortgage revenue bonds,
she believed a developeI' should be allowed to convert new
apartments after a certain number of years.
It was moved by Counc. JOhnson, seconded by Counc. Plungy
and passed with Counc. Sparks dissenting to adopt the
Planning Commission recommendation and not chang& the
City's condominium conversion policy.
Director of Planning and Development Sisk informed the
Council that the State will issue a letter regarding
compliance with State law.
Hs. Brutoco stated that the Department of Housing and
Community Development had mentioned four points l'egal'ding
Cupertino's Genel'al Plan ~endment. ~hey included the
incol'poration of ABAG formula and the need to show the
exact numbel' of eldel'ly and family low and model'ate ,units
undel' new constl'uction. She informed Council that the City
did need a letter of appl'oval fl'Gm the State.
Council requested that the words "City law" be added on
Pages 56 and 57; on Page 34, the word "boundaries" be
amended to read "sphere of influence;" on Page 73 and other
pages on which the document stated "City Energy Element"
it be changed to read "City Energy Policy;" on Page 70,
Policy 3-16, it shall be amended to show that developers
will be permitted to add residential units without penalty
in terms of permitted flool' al'ea ratios established in the
Land Use Element, subject to design review.
Land Use/Community Character
John Vidovich representing the 14 acres at Torre and
Stevens Creek Boulevard stated that he felt the General
Plan designation was unfair and unreasonable. He felt this
area was reasonable for offices. On the went side a four
story office building has been approved; on the east side
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KINUTES OF THE JULY 18, 1983 CITY COUNCIL KBSTING OC-6l5
IIÞ will be a restaurant. In back of the property he
represents will be the Lincoln Property development. He
also felt the minimum density allowed for residential there
was unreasonable.
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Richard Frisbee, Environmental Center, stated tbat tbere
bas been a failure in develo~ents of residential units
with concrete parking structures. Therefore, it is bard to
get financing. This type of development 13 also difficult
to phase. He expressed the opinion that people don't
reall.f want to park in a parking garage at their hOlle. He
felt a range of 200-366 would be more workable or perhaps
Council should do away with a minimum. He stated that the
Town Center consists of three separate properties and he
repre.ents only a part of TOwn Center. He also stated that
he was the only developer supplying BHR units. He urged
Council not to freeze the General Plan regarding the Town
Center Planning Area.
Robert Wagner, Prometheus Development, representing the
Cali portion of Town Center, also addresed the City
Council.
It was moved by Counc. Johnson, seconded by Counc. Plungy
and p~ssed with Counc. Sparks dissenting to delete policy
38 as recOlllllended on Page 6 and to change policy 3C to read
"45,000 sq. ft." A new policy 38 shall be included which
states that Town Center developers are encouraged to
present the development proposals which incorporate to the
greatest extent possible the maximum number of dwellings
designated on Pigure 2E.
At 9:45 p.m., Council discussed the possibility of
continuing other items on the agenda to the following
night. It was moved by Counc. Rogers, seconded by Counc.
Plunqy and passed unanimously that items 21, 22, 24 through
41 be continued to July 19, 1983 at 7:00 p.m.
RECBSS: 9:50-10:05 p.m.
Director of Planning and Development Sisk called Council's
attention to a letter received from Kr. James Jackson
regarding requested changes la the General Plan Amendment.
Jim Jackson, 10140 Somerset Court, reviewed the history of
trip ends in Cupertino wlth the Council. He requested that
Council apply FAR standards to centers already in
existence. He stated that trip ends were mea~t for
undeveloped land.
Larry Yamaoka, Cupertino, requested that the City allow him
to upgrade his center under the same guidelines governing
the Crossroads Shopping Center.
Page 7
Policies 3B
and 3C
changed
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continued
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. ends
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Drive up
facilities
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"11IO"E8 OP "HE JULY 18, 1983 CI'fY COUNCIL "8ft I 110 CC-6l5
By consensus, Council stated that the 16 trip end
li.itation shall not apply to r.tail .hopping c.nt.rs which
were built and occupied prior to the adoption of the Cor.
Area Plan on Dee_ber 19, 1973. The buildiDCJ aroa of these
.bopping center. .ay be ezpanded to a floor area ratio of
.25 for c_rcial uses and .37 for office u.... The
tenant mix of .aid center. i. unregulated except for
activities normally regulated by a u.e permit.
Mr. Merrit Sher, "erranomic., felt that the trip end rule.
are arbitrary and punitive.
Mr. Jackson addre..ed Council regarding the Cro..road.
center.
It was moved by Counc. Spark., .econded by Counc. Johnson
aDd passed unani.ou.ly that the .azimua nuaber of trip.
allocated to a .pecific undeveloped or redevelopa~roperty
i. 16 trips/acre regardle.s of pr.viou. land u... or trip
generation factor..
Council suggested that perhaps .taff should reevaluate
square footage per trip and how the number of trip. is
as.igned.
Mr. Sher stated that the only time hi. development is over
the trip constraint i. when Houlihan's is having a special
event.
Director of Planning and Development Sisk revi.wed the
request for a change in the City'. drive up window policy.
Linda Callon, B.rliner, Cohen' Biagini, subBitted picture.
of various ãrive up facilities .. well a. a petition
supporting a chang_ in the City'. policy. She stated that
driv. through facilities are no longer the way they were in
the 1950s.
Darrel Stowe, Cupertino ~iwanis, Barnie ~lamager and Claire
Nathan of the Mu.cula~ Dy.trophy Association urged support
of a change that would allo~ drive through facilities.
Judy Knight of the Par West Wheelchair Association stated
thp.t she and other per30ns in wheelchairs appreciate the
convenience of drive through facilities.
It was moved by Counc. Sparks, seconded by Counc. Johnson
and passed with Counc. Rogers dissenting to approve a
change in Policies 2-18 and 5-5 to allow d~ive up
facilities for commercial, institutional or industrial use
when adequate trafflc circul~tion, parkíng, noise control,
architectural and landscaping c~ntrol and adequate
buffering of residential areas are provided. Any proposed
site would be evaluated for conforMance with goals and
a
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HIRO'l'BS OP '1'HB JULY 18, 1983 CI'I'Y COUNCIL HBB'l'11IG CC-615
polici.. of the Gen.r.l PI.n. Driv. up vindow f.ciliti..
for financi.l in.titution., conv.nienc. re.t.ur.ate, photo
fini.bing bu.ine.....nd .imilar ..t.blt.haentewoald also
be allowed in accordanc. wit~ tho.. g~i~~lin...
Hr. Walter Cb.paan, Hedin. L.n., r.pre.enting Monta Vi.ta
Property own.r., requ.sted clarification of It.. Ro. 7 on
Page 10.
Council discus.ed the h.ight li.itation of 8 stori.. .nd
f.lt that .ore fl..ibility v.. nec....ry.
By cOD.eD.u., CouDcil s.t . Duil1ing height limitation in
the 'l'ovn Center Pl.nning Ar.a of eight stori.. .nd .t.ted
th.t a. . general rule building h~i9hts in the V.llco Pørk
Pl.nnJng Ar.. should not ..ceed eight storie. vith the
..cerdon of the hotel vhich i. un.pecified. 'l'h. fin.l
.pproved h.ight. of buildin9. in V.llco P.rk including the
hot. 1 viII be d.termined in conjunction vith subsequent
d.v.lopa.nt applic.tions.
By cODsensus, ~~uncil referred the energy consult.nt's
report to the Cupertino Bnergy C_ission for revi_. 'l'hey
would like the report wfine tunedw .nd attached to tb.
Gen.r.l Plan .s .n append i..
It w.s moved by Counc. Rogers, seconded by Counc. Plungy
.nd passed un.nimously to clo.. tbe public he.riDg.
It va. moved by Counc. Rog.rs, seconded by Counc. PluD9Y
and passed unanimou.ly í:o adopt R.solution Ro. 6137.
It v.s .oved by Counc. Roger., .econded by Counc. Plungy
and pa..ed un.ni8Ously to adopt Re.olution No. 6136,
adoptiD9 the Gen.r.l PlaD Amend_nt based on ch.ng.s made
during the di.cus.ion.
It v.. .oved by Counc. Johnson, seconded by Counc. Plungy
and passed unani.ously to continue Items 18, 19 and 23 on
the agenda to 7:00 p..., July 19, 1983.
At 11:32 p.m., the meeting was adjourned to 7:00 p.m., July
19, 1983.
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Height limi-
tation
Energy eon-
sultant's
report
Public t:earin¡
closed
Res. 6137
adopted
Res. 6136
adopted
Items con-
tinued