CC 02-21-84
. .
tIn at CUPERTIIO, STAn ( fI CALIfORNIA
10300 Torre banllO. r.upertlno. CA 950111
Telephone. (1I08) 252-115C5
HI:It;¡ES Of' tHE REGUUR HEETIIfG OF THE CITY COUIfCn.
HELD ON FEBRUARY 21, 19SJJ III THE COUNCIL CHAlIB!R,
cm HAU., CUfERTIlIO, CALIFCIINU
tC-636
,
The Leaislatl.e Re.lew eo..lttee aat In the Contetenoe
Room at 6115 p...
SALUTE TO THE FUG
ROí.L CALL
Counc. Present 1
Gatto, Johnson. Rosers, Sparks, f<!aJOr Plunsy
Statr Present.
City Hanas.. OIlnlan
Deputy Clt, Clerk VIllarante
Director ot PUbUc Works Viskovlch
Dltector ot nalllllll and Developaent Sisk
Director of Fillanoe Snyder
Dlreotor ot Patks and Recr..tlon DDIIlins
City Attorney KiUan
Planner I Binnendyk
.
STAFF REPORTS
1. Oral reports by statf mMbers and submission of wtltten
reports.
City ~naøet's Report
ort Hløhway Fe.. - It vas moved by Counc. Gatto, seconeled
b, CoUIIC. Johnson and passed with CoUIIC. Sparks dhsantlnl
to appropriate 19811-85 off hiShva, fees to the Central
County Sat.ty Council tor operation or the Santa Clata
County P-btorcycle Park.
Hr. Hightower, plant manage!" at Kahl!'r AIUl1l1nlMll, spçke to
Counoil regardinl the notice from Santa Clsrs Cour.ty
r~gardlng ~ergency grading authorization for Kaiser.
Planner I Binnenelyk presented a staff report regarding the
Calabazas townhouses in Cupertino Vlllsge below market rate
uni ts anel recolllleneled that the 8MR guidelines be modified
to allow buyers to exceed the permissible income rsnges by
a maximum of $500 anel that the gui~.lines be modified such
that the money required for a dcwn payment is not Included
In the assets considered ss income.
.
It was moved by Counc.
passed unanimously to
$1,500.
Sparks, seconded by Counc, Gatto and
increase the qualified income ran~e
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,
HINUTES Of' THE FE"áRUARY 21, 1954 CITY COUNCIL HEETIKa.
(CC-638)
Director ot Planning 8IId Development Sisk It'e..nted a statt
report relardtnl a tent at the HOulthan'. .Ite tor St.
Patriok's DIy.
It .... moved by Couno, Sparks, .econded b, Counc. Rogets
anel passed unantDously to apprOye usaae ot a tent at the
Houlihan's site as per stipulations .nd requirements tro.
the Fire Departaent, Sherltt's Dep.rtaent anel ABC Board.
Haycr PlunSY st.ted that the 911 t!lllrogene, services would
be ¡oinS Into ettect at 9:00 p.m. on July 11, 1984, for
Cupertino.
COUNCIL REPORTS
Couno. Johnson stated that the Lelislative Review Committee
had aupported ACA 54 anel AD 504, opposed AB 790, reterred
AS 1849 and AB 2621 to the Director ot Plsnnins and
Development tor turthet into~.tIOll and oontinued
discussion or AB 2468, AB 21169, ACA 55 IIId sa 1300 to the
tirst meet ins in March. They 0130 requested intor.ation on
A8 2129.
CONSENT CALENDAR
.
It vas moved by CoLIn... Sparks, seconeled by CoUIIC. Gatto and
passed unantDously to approve the Consent Calenelsr (CoUIIC.
Johnson abatainect on Items 26 and 27).
7. Resolution No. 6260: "A Resolution ot the City Council
ot the City of Cupertino Allollinl Certain Claims and
Demanda Payable in the .unts anel trOll the Funels as
Hereinafter Described for General and Miscellaneous
Expenelitures fot' the Pet'iod Enelinl February 3, 1984."
8, Resolution No. 5261: "A Resolution of the City Council
of the City or Cupertino Allowtng Certain Claims and
Demands Payable in the Amount:! and from the Funds as
Hereinarter Described for Salaries anel Wages for the
Payroll Period Ending February 7, 1984."
9. Resolution No. 6268: "A Resolution of th~ City Council
or the City of Cupertino Allowing Certain Claims and
Demands Payable in the Amounts anel FrCl'! the Funels as
Hereinsrter Described for General and Hlscellaneous
Expenditures ror the Period Eneling February 17, 1984."
.
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·
MINUTES Π'rHE FEBRUARY 21. 1984 CITY COUNCIL HEETIIIG
(CC-638)
10. Resolâion lb. 6262: "A Resolution of the City Counøll
ot the City or Cupertino Initiating Proceedinls snd
SetU,. the Tille and Place tor Publio Hear ins for
COn.I.....tlon of Anneution ot the Area Desisnated 'San
Fel'naDdo "',,"ue 81-011'."
11. Requa. tOft' waiver ot business Ucense fee, Ibrthvest
YMCA.
·
12. :tesoluUon 110. 6263: "A Resolution ot the City Counoll
ot the City or Cupertino Approving Contl"act Chanse
Order .. II tor Bollinler Road Improvement, Project
81-21 aed Authorizins Appropriation."
13. Resolut1oa 110. 6269: "A Resollltion or the City Counoil
of the ctt, or Cupertino Appl'ovins the Final Hap and
ImPl'OY_t Plans ot Tract lb. 7521 Located on the
South SIde ot Stevens eteek Boulevard East of CSI'IIen
ROad: Ðøeloper Terry Bl'ovn Construction Co.: Accepting
Certam Ell_ants; Author1zinl Sllnlns of Final Hap and
Improy_t Plans; Authorlzinl the Execution of
Aareaaeø& 1n Connection therewith."
14. ResolutSoa 110. 6270: "A Resolution ot the City Counoil
of the Cit, ot Cupertino Acoeptlns a Gf"ant of Easement
ror Plllblta Service Purposes t1'0II James H. Sisk and
El1sl1bet11 A. Sisk Locsted on the South Side ot Stevens
Creek Bøu1evard East of Cal"lIen Road, Approximately
0.009 Icf'e."
15. ResolutSoa 110. 6271: "A Resolution ot t.he City Council
of the Cft, ot Cupertino Accepting a Gf"ant of F.asement
for Plllbltc Service Purposes t1'01l Clifford L. Abel
Located _ the South Side of Stevens Creek Bouleval"d
East or CarIIen Road, Approximately 0.052 Acre."
16. Resoluti_ 110. 6272: "A Resolution of the City Council
of the City of Cupertino Accepting a Grant of Easement
for Plllbllc Service Purposes fl"om Martan Mann anel
Elizabeth A. Johnson-Mann Locsted on the South Side of
Stevens Creek Boulevard F.ast of Carmen road,
Approxillately 0,015 Acre."
17, Resolution No. 6~73: "A ReMlution of the City l,ouncll
of the City of Cupertino Accepting a Grant of Easement
for Public Service Purposes from E. A. Federspell, Jr,
Located on the South Side or Stevens Creek Boulevard
East of ea.-:.2rI Road. Approximstel y 0,023 Acre,"
·
19, ~cceptance or City prOjects performed under contract _
Qr¡,ngell'....n/Stevens C~eek Trafflc Signal, Pro lect
82-13,
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.
MINUTES OF THE FEBRUARY 21, 198_ CITY COUflCIL MEETING
( CC-638)
20. Resolution No. 627_: "A Resolution ot the City Council
ot the City ot CUpel"tino app,.ovinl tile Final Map anel
Improvement Plans ot 'J'f'aot lb. '7556 Looated at the
North.ast Cornel" of To,.,.. AVlllue and Rod,.igues Avenue;
Ð&Yelope,., Pinn Brothe,.s Const,.uotion, Inc. ¡ Accepting
Certain Easements; Authorizins Sllnina ot !'"inal Map and
Improvement Plans: Autho,.izinl the Execution ot
Agreement in Connection Thel"ewlth."
21. Resoluton No. 626_. "A Resolution ot the City Council
of the Cit, ot Cupel"tino App"ovinl Cont,.act Chanle
Order No. 2 tor Imperial Avenu. Storm Dr'ain. Stevens
Creek Pipeline Relocation Phase II. Project 81-25."
22. Resolution No. 626'5: "A Resolution ot the City Council
of the City ot CUPeI"tino Ap "povinl Unal Plan tor the
Improvement ot F't'ontage Located on I4aClellan Road;
Developer. Thrust IV Protlt 5II...lnl 'J'f'ust; Authorizinl
the City E."g1neet' to Sign the Final Plan; and
Authorizing Exooution ot as"..ent in Connection
Therevt th."
.
23. Resolution No. 6266: "A Resolution of the City Council
or the City ot Cupel"tino AccepUng Grant ot Easement
ror Rolldvay Puf'poses trOll Tht'ust IV Pl"ott t Sharinl
Trust Conaisting ot ApP"oxt.ately 0.0_ Acre Located on
McClellan RoIId East ot SIm Lenlldro Avenue (Parcel A)."
2_. Resolution No, 62671 "A Resolution ot the City Council
or the City of Cupertino accepting Orent of Easement
tor Roadway Purposes rrom Thrust IV Prortt Sharing
Trust Consisting of Approximately 0.006 ACf'es Located
on I4aClellan Road East ot San Leanelro Avenue (Paf'cel
B)."
25. Application HC-51,593.1 "inn Bl"others Constf'uctlon
Company - Recolll1leneling approval or lanelscaping and
grading for a _6 unit townhouse development located st
the northeast corner of Torre Avenue snel Rodf'lgues
Avenue. Recolllmend ed for appro v al .
26. Minutes of the joint SWAC/Council meeting of January
31, 1934. (CC.Ji34)
27. ranutes of the regular meeti ng of February ~, 1nqq
(CC-635) ,
Vote Members or the City Council
.
AYES:
NOES:
ABSENT:
ABSTAIII:
Gatto, Johnson, Rogers, Sparks, PlunRY
None
~~ne
(Counc, Johnson nn Items :>6 and ;>7 ('nl y)
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.
MINUTES OF THE FEBRUARY 21, :; 311 CITY cOOl/crt ME£TINO
(CC-!ò38)
ITEMS REMOVED FROM CONSENT CALENDAR
28. None.
ORAL COMMUI/ICATIONS
29. Proclamation declsrinl Kerch 11-17 "Wellness week" in
the City ot Cupertino.
30. Proo18lllatton declaring Kerch 5-9, 1984 as ~¡lewspapet's
in Education Week" In the City of Cupef'tino,
31. Proclamation declarinl week bel inning March 4 all
"Women's Histot" Week."
The City Clet'k was dit'ected to mall the above pl'oclll!lations
to the appJ"Opt'late parties.
32. Nancy llet'tat't rept'esentinl the Cupet'tino Histot'ical
Society t'OIardilll location ot aURum.
.
Nancy llertet't, President ot the Cupet'tino Historical
Society, stated to Counoll that she would appt'eciste any
information on ~tUt'e plans ;01' a hlstot'loal IDUsellll site.
Ltnela Shat'man stated to Council that the
would need 2,500 sq. n. ot stot'8le tot'
that they would Uke a gat'ale anel stot'aae
Histot'ical Society
the It' Items but
tacility.
Discussion ensued between Council, Dlr ec tot' of Parks and
Recreation Oolllilll anel City Manager Quinlan t'egardinl
acquisition ot the Jollyman site and ~tUt'e or the Cali
!buse on the PrOlletheus pt'operty.
Darlene Thorne representinl th~ Chamber or Commerce stated
that the Chlllllber and many other oivic gt'oups would like to
purchase the Cali !buse it the City could provide land to
store it in the meantime.
It vas moved by Counc. Rogers, seconded by Counc. Sparks
anel psssed with CouncUmembers Johnson snel Gstto dissenting
to withhold the deadline ror demolition of the Cali !bus~
to March 1, authorized te1lporary use or City propp.rty 1 f
Prometheus and any intersted party should wish to pay
mO'/lng expenses of the Cali House, authori zl'!d staff to
provide security for bulldln~ on the site and directed the
City Clerk to agenelize discussion of a hlstorl~al mU8e1.ll1
site for the April 2 meeting.
.
33. ¡:embers of the audience reRardln~ ,"stt!!rs not on the
agenda.
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HIICUTES OF THE FEBRUARY 21, 19811 CITY COUIICIL HEETIHG
(CC-tl38)
Alt Hbdine stated to the Council
01\ terrori SIll produced by the Los
that he l«>:Jld like to orter
review at their leisure.
that he had a video tllpe
MBeles Po£1ce Department
ror their inrof'1llation and
Mayor PlunBY stated to !'r'. "odlne that the individual
lllOIIIbers or the Council I«>uld be contacttna hi..
PUBLIC IlEAR IHGS
311. Application 12-Z-83 ot Marlaretich Cosntruction:
RezoninB approximately .11 Broils acre trOll R1-10
(Residential Sinlle-r8lllIly. 10,000 sq. n. minimum lot
size) zone to R1-7.5 (Residential SlnBle-t8lllily, 7,500
sq. rt. mlminlll lot s1 ZIt) zone and Envirollll'enhl
Review: The PlannlnB eo.lssion ,.ecOlllllenela the
grantinB or a NeS8the Declaration. The SUbject
property is located 01\ the south side or Cf'escent Road
approximately 1100 rt. north ot orchard Court and 1100
n. east or Hil];:"eII~ Road, opposite AIIeUa Court.
Recoll!:llended ror der.ial.
.
(a) First. read1.1g or ordinance No. 1259: Ran
Ordinance or the City or CuJ>et'tino AIIeneling
Section 1 or ordinanoe 110. 2 by Rezoning
Approximately.. Gross Acre rrœ R1-10 Zone to
R1-7.5 Zone, Located 01\ the South Side ot Crescent
Road Approxillately 1100 Ft. North ot orchard Court
and 400 Ft. East ot Hillcrest Road, ~ )Osi te
AIIIel1 a Court. R
Director or Plsnning end Oevelopaent Sisk presented a stsrf
report to the Council and recOllllleneled denial of the
application.
IT, :'"",pster, attorney for ,..,.. Hargaretich, stated to the
Council that he felt the Council should give the
sppUcation consideration and that he fel t they would not
b~ illlpsctlng the smaller lots with the sppro~al of the
applic ation,
It was ",oved by eo"..,.." Johnson, seconded by c"unc, Ro~ers
and passed unanlr.1ously to close the public hearing.
Council discussed cO!ll'1unlty character and zoning of the
area in question.
.
It was moved by Counc, Gatto, seconded I>y Counc. Johnson
and passed with Councilrnembers John:!:on anel ~parks
dissenting to deny Ap;¡lication 12-Z-~3 ;¡nd uohold Plnnnlno:
Comi ssion f1 nd i n~s.
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·
HINUTES ΠTHE FEERUARY 21, 19811 CITY COUNCIL '1EETIIIG
(CC-638)
35. Traftic conelitlons on Granada and Pyrne Avenues -
possihle approval of mitigatins measures.
(a) First readinl of ordinance lb. 12611 .. An
Ordinance ot the City ot Cupertino AalenellnR
Seotion 11.20.030 of the Cupertino ~nicipal Code
Relstinl to All Directional Vehioulat Stop
Required at Byrne Avenue and Granada Avenue,"
Director or PubUc Works Viskovich presented a starr report
to the Council.
Alyene Daggett. 21921 Hermosa Avenue, stated to t.he Counoil
that the residents do continue to have trartlc problells in
the Monta Vista erea. and that she did not think that the
notice she received in the mail was or a public heerllll,
She went on to state that she would Uke the Council to
prohibit buses on Granada Avenue.
·
aJd Levesque, 101165 Byrne Avenue. stated to the Counoil
that he had recently purchased a hoaIe in the Monts Vista
area and that he would not lik. to aee a t'ilht hand turn
aHewed to Blaokberry Fa".. lie went on to state he VIIS not
opposed to trsttic silns but he was opposed to one way in
and out of the erea.
Mayor PlunlY sttlted to stsft that'" would like th01ll to
c~ntact Hr. Was Willi_s regard inl trattic in the Monta
Vista area and would like to continue discussion of the
trarfic problt!lll to the first llleetlnl In April anel that the
evening's meetinl was to consider stop signs and not the
opening or Byrne Avenue.
!bward r·:arttn, 10420 ßyrne Avenue, stated to Council that
he could not get out of his driveway on lleekenels due to the
traffic at Blackberry Farm.
Paul Lewi zky, 21860 Alcazar, ststed to
traffic was an issue anel thst Council
public hearing on that item onl y. Mr.
a slide show of traffic blocka~es in the
the r.oune il that
nee::l~ to have a
Lewlzky then showed
fo'onts Vists at'ea,
Wes Williams stated to the Council that there are only tl«>
active menbers left In the I:onta Vista Homeownet's
Assoc tatlon, hlmsel f and Ann Anger as Vice President.
Bud Levesque stated that there was one large traffic hazard
in the road, a large tree on Granada Avenue.
·
IT. .::dwsrd
stated that
mi :!take.
Can pod on Ie , 10367 South San Fernel ando
he fel t the orange Avenue ~l ockage
Avenue.
was A
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·
HINUTE$ IF THE FEBRUARY 21, 19M CITY COUNCIL MEETING.
( CC-638)
It vas moved by Couno. Sparks, seconeled by Counc. dOhnson
anel passed unanimously to close the public hearing.
It was moved by Counc. Sparks, seconeled oy Counc. Johnson
anel passed unen_usly to read the Ordinance by title only
and the Deputy City Clerk's readlnl to constitute tÞe first
reading thereat.
It vas moved by Couno. Rogers, seconeled by Counc. Gatto Mid
passed unanimously to approve the tirst readlnl ot
OI'd'.nsncf' 110. 1261.
Counc. Rogers requested that a public he8t'inl be sgendized
ror the trafnc taP-lies in the Monta Vista res tor April ,.
and to look at possibiUties for direct entranoe to
Blackberry Fal'lll.
PLANNING APPLICATIONS
þ
36. Application 20-TH-83 of De Anza Properties (John
Vidovich): Tentative map to designata the developl!lent
phases and paroel subdivision ot an approved ahed
resldentlal/ortioe development oonsisting ot 2_8
dwelling units ar.d a -5,000 sq. tt. ottioe building Mid
Environmental Revlell: The project was previously
assessed, henoe, no envlromental action is required.
The SUbject property is located between Stevens cr-eek
Boulevard and IIodrilues Avenue epproximatel y 800 ft.
west of Blaney Avenue in a P (Planned Developlllent wll;h
cOlllDercial, office and residential Intent) zoninl
district. RecOlllleneled ror approval.
Director of Planning and Developnent Shk presented s starf
report and Planning Commission recommenelations.
John Vidovich, developer, stated to Council that there '..res
never any discussion of how the residential areas would be
buil t and that he felt it vas Impractical to build as
recollllllended by the Planning Connission. lie "ent on to
request that he would like the Il"R unl ts deferr~ to 8
later time due to the racl; thst Planning Colllllllss~on and
Ci ty Council had determined that the rormula fo¡- f1I'Rs is
not working out,
It was !'loved by Counc. Spal"ks, seconded by Counc, Gette And
passed unanin,ously to approve Application 20-'I'I-R3 as per
the original plan and !!lso to l"equll"e that the pUR units be
InclUded as originally planned,
þ
Jason Chartier stated that ~!r. Vldovic!' hdS an !Jption to
buy the land if higher density is possible. fie went on to
state that the intent for t:he si te was not for ,"cre office
space.
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.
.
.
HI!lUTE:S ΠTHE FEBRUARY 21, 1984 CITY COUJICIL HEEtIlIG
( CC-638)
Hayor Plungy oalled recess at 9145 p.m.
ARCIiITECTURAL AND SITE APPROVAL COHlHTTEE APPLICATIONS
37. /lone.
UNFIN ISIIED BUSINESS
38, None.
NEW BUSINESS
39, Re~est for approval of Cable TV 10vet'lIIIIent channel
personnel anel appropr18tion frOlll the General Fund.
It was moved by Counc. Spat'ks, seconeled by Counc. Gatto and
passed unanimously to aPPf'oye the t'.quest.
40, Councll decision rOl..dlng advisory bodY/bodies to
study recycling. land till, solid waste disposal, snd
related matters.
Tom Boyd stated to the Council that he had surveyed ....bet'1I
by questionnaire, anel sh ..bws v.,.. unable to lI""e on
the bOB1"d at all. He had not heG"d N'om two m"WII.
1\". DroOle, Chalrpwson ot the EnerlY Co1llllhsion, advised
the City Council ot lonl tet'1I solid waste m..OI....t plans
anel stated that he would like to set up two subc~1ttees,
one for recyclinl and the other on long term disposal. The
cOlllllittees would not consist ot more than four mOlllbei'1I anel
WOuld not last any lonl4lJl" than six months and might
incorporate SWAC m_bef'S.
Allan !blzaan stated thllt he vall not sure if sh months wa-
good enough for lonl tel'll policymaking IlneI he was not sure
what the Energy Collllllhslon's knowledge of waste dhposal
was,
Betty i'ann stated that she did not care for the proPOsed
structure of the cOlllllli ttee.
7helma Epstein stated to the Councll that she feI t
di3advantaged since they had not known they would have to
address the Energy Commission's proposal and that she would
like to see a ~~AC ad hoc committee go on working on long
ter!!! solutions for waste disposal.
Ton Boyd questioned the Council as to why the E'nerl¡Y
Collllllissbn had not st~rted discussing recycling before and
felt that they should not confuse energy with long term
: Isposal p!"o!> 1 .'"s,
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·
MINUTES OF THE FEBRUARY 21, 1984 CITY COUNCIL "EETIIIO
( CC-638)
Council directed the Solid Waste Advisory CoaIIIltte. and t...
EnerlY CoaIIIlssion to meet snel dlsouSlt t... poSSibility or an
lid hoc cOIIIIIlttee and advlled Cit, Clet'k to OIandi.
discussion or the ad hoc COIIIIIitt.. rot' the SlOOnd ...Uns
in April.
111. Request for considet'ation ot ensotllant ot an ordinanoe
to require a vote ot the oitizens ot '=~et'tlno pf'ior to
any use ot Bryan Canyon as a land till site.
Jon Heiner thanked the Council tot' their action on
Canyon and gave an explanation ot his request
ordinance to be enacted rOlardlng er,sn Canyon.
to,an
tor 8ft
City Attorney Kilian stated that the ordinanoe would not
have a binding etfeat on future Counoila and thllt ... t.lt
it vas a mlSC:elegation of legislathe po.,... lie wnt on
to SUIte that he tel t an ini tiat1vtl by the votet'. would be
a dUferent matter.
Betty Mann stated to Council that III. would Un to see 8ft
initiative petition rather than an ordin.nce.
It was the consensus of the City Council not to ensot an
· ordinance regarding Bt¡oan Canyon.
"2. Request ftom Superschools fof' wivet ot bannet'
installation tee.
It vas moved by Counc. RoIer'S, seconded b,
anel passed with Counc. Gatto sbstelnlnl
request.
Counc. Johnson
to If'ant the
'13. Order of Demurrers to First Amended Complaint _ Creston
Impr"vement, et al. v. County ot Santa Clara.
City Attorney Kilian presented Intol'nlation to the City
Council regard ing the demurrers.
44, Selection or City Council member to serve on "Good
Ue1ghbor COlll!lI ttee" - Voss Ouarry.
Counc. Sparks was nominated to repreSt:nt the Council on the
CoIlIl1i ttee.
Council then "djourned and convened as "Building Code
Appeals Board.
·
D1r~tor of Planning and Development Shk presentl!d "!>tl~~
hi nory of the application anel the appl!al to the Coundl.
City Attorney Kilian discussed the role of a building code
appl!als board and read the section or the Uniform Building
Code relating to the appI!al,
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.
MINIITES 01' THE FEBRUARY 21. 1984 CITY COUIfCIL "..tltlO
(CC-638)
Council directed the Solid Waste Advlsot, eoa.itt.e Ind the
EnerlY ConIIIlssion to IIHt and discuss ttw po..ibllit, of an
ad hoc cGalllittH :lId advised City Clef'k to IIlndtze
discussion ot t... ad hoc oCtllllI nee tat the second ...tine
in April.
111. Re~est tor conslder&t1on ot enaotaent ot an of'dillanee
to require a vote of the cl ti zena of C\Jpef'tillO pf'10f' to
any use IIf Bryan CanJOn as a land till site.
Jon Heiner thanked t... Council tat thel' aotlðJ1 on l!I',en
Canyon and lave an explanation ot hIS request tOf' an
otdinancit to be enacted 'OIatdinl l!I',an CanJOn,
City Attorney KiUan stated that the of'dlnanoe lIDuld not
have a bineline etteot on tutU1'e Counolla and tut ... telt
a was a ,liade'lIation ot lelialathe po.,.a. lie WIlt on
to state that he felt an ini tletiYe b, the voters lIDuJd Þe
e d ttterent linter.
þ
Betty Mann stetad to:Ouncl1 thet!he lIDuld Uke to ..e an
initiative petition ",t,her than an ordinance.
It was the consenSUL "I: the CIt, ColMan not to ..aot an
ord inanoe reaatdlne Br~an CanJl)n.
42. Re~est tro. ~persohools to' vaiYer ot banner
installation tee.
It was moved by Counc. ØoIef'S, seoonded b, Counc. Johnson
anel passed with Counc. Gatto abstllnllll to It'ant the
request.
113. t\"der ot Dem...rers to First Mended CoaIplaint - Creston
Improvement, et 01. v. County ot Sante Clara.
City Attorney Kilian presented inforMation to the City
Council regatdinl the demllt'rers.
44, Selection or City Council member to serve on "Good
Neighbor Coœni ttee" - Voss Querry.
Counc. Sparks was no",inated to rept'esent the Council on the
COn:lllittee,
Council the:! adjourned and convened as a a,llding Code
Appesls fusrd,
.
Dtrf'Ctor of Planning and Develop."ent Sisk pt'esented a brief
history of the application anel the appeal to the Council.
City Attorr.ey Kilian discussed the role of 8 buildln~ code
appeals board anel read the "ection or the Uniform Pulldin~
Code relating to the sppe81,
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HIIIUTES Of' THE FEBRUARY 21, 1984 CITY COUIICIL H!!'!'INd
(CC~38)
Discussion ensued betwen the Appeals Ibllf'd, CSt, Attorne,
Jelllln and start reg.t'dinø the appto lti.tene.. ot tile
sppesl.
Allan W1chellllan, attorney tor the Adel....... stated to the
Board that their appeal vas based 011 three point. J tile
rework draving's cOIIpUanoe vith the C,daJ decision b, tile
Building Inspactor b.sed on inllde'juste intoraaUonJ and
.ethodolo¡y be1nl 1m undllf'lpnl cC'.lOlIf'n. He WIIIIt on to
state that to remedy the sltust1f,n tile, lIOuld Uke the
building permit revoked so ss to tree the applicant to
sublllit an altern.te plan tor lIIod1tI'3stiona.
Director or Plsnning IIIcI Developaant Si.k stated to the
Bo.rd that tile pllllls .. subllltted vere oonsistent with
Section 105 ot the IhltoY'lll a.l1dlng Code.
~. P. Hontoatz, Failure An.lysls. staW to tile Board that
all the ttndinls ""'e tt'ue and that he has seen st.l1..
dravS"Is in which t"ere were .ajot tanure. ot t"e
structure.
.
HI". Cahal..., Anthony !'bols. stated to the Board that the
BuUdinl Departaent IIIIS oorrect in their approval ot tile
dnwlnls. lie then ptoceeded to ltesent a hlator, or
IUllni te anel shotorete.
I'r. Adel.an read sn artiole to the Board rOl..dinl the
t.llure ot shotcrete.
Lawrence \/alder, General Manager, Anthony Pools, stated to
the Board that the shell of tM pool hu a 11 r.t1lle
warranty.
It was moved by HI". Gatto, aaconeled by t4r. Sparks anel
passed uannilDously to Irant the .ppeal to the eJltent tltat
lIIod ir1cation lIOuld be made to the drawlnls of the joint so
that they will come into contot'lllance pursuant to tlte
Uniform a.llding Code, Section 2621, Subsection F, anel to
deny the appeal Insofar as methodolOlY or construction as
approved is in conrormity with the Ihtrot'lll fulldlng Code.
Tlte Appeals !Joan! sdjourned and reconvened as City Council.
WRITTEN CŒ1HUNICATIONS
'16. Ibne
.
ORDINANCES
'17. Second reading or Ordlnanc'! 110. 12ljf>: "An Ordinance of
the City of Cupertino Adding Chapte,. ;>1'.0'1 to the
Cupertino !'unlcipal Code, Develop.nent Agreements."
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MINUTES OF THE FEBRUARY 21, 19811 CIT'! COUNCIL KEETIIIG
(CC-638)
It VIla !loved by Counc. RogefS, seconded by Counc. Getto Iftd
palSed un8111llloull, to ..end ordinance No. 1?'36 as P" the
tecOlllllendat~.,n ot the City Attorney.
118. Seconel teadilll of Ordinance No. 1257: "An Ordin_e ot
the City or Cupertino Amending Chapter 8.0R ot the
CUpeftino Munloipal Code. Antaal and Rllbies Control."
It was moved by Counc. Rolel'S, seconded by Counc. Getto Iftd
passed un8111llously to read OnU.lance lb. 1257 by titl. onl,
anel the Deputy City Clerk's ,.eadins to constitute the
second reading thllf'eot.
It was moved by Couno. Rogel'S, seoonded by Counc. Getto Iftd
passed unan1lÐusly to er.act Ordlnanc. lb. 1257.
119. Seconel ,.eading ot ordinance lb. 1258: "An ordinanoe or
tœ City ot Cupertino AIIIendlng Section 1 ot Otdlnanoe
No. 2 by Rnonlnl Appt'ox1llately 11.8 Gross Acres N'oII CG
Zone to P Zone Located on the East Side 'of South De
Anza l!oulllY"d Apptox1lllately 350 Ft. lb1"th ot &111111.
Road and 125 Ft. So\õth ot SU"lIf'acto Avenue."
It VIIS IIIOVed b, Couno. RoIllf'S, seconded by Counc. GIItto ...d
passed unanÚlOusly to 1"ead Otdinanoe No. 1258 by title 0111,
and the Deputy City Clerk's 1"eadlnl to "",,stttute the
seconel I'ead illl thllf'eot.
It was moved by Counc. Rolers, seconeled by Counc. GIItto and
passed unanÚlOusly to enact Ordinance No. 12';a.
SO. Second readins ot Or'dinance lb. 1260: "An Or'dinsnce ot
the City ot Cupertino Amenelir.1 Section 1 or Ordinance
lb. 2 by Rezoninl Approximatel y 1.1 Gross Acres !'roll
A1-110 Zone to R1-7.5 Zone, Located on the Not'theast
Side ot Rae lAne Approximately 1100 Ft. Hest ot the
Intersection of Hyann1spo,.t Drive anel Linda Vista
I)oive."
It was r.loved by Counc. Rogers, seconded hy Counc. Gatto and
passed unanimously to read Ordinance !to. 1260 by title only
and the Deputy City Clerk's reading to constitute the
seconel "eac: Ing thereof.
It. was moved by Co'mc. Rogers, seconded by Counc. Gatto IInd
passed unsntmously to enact ol"d Inance no. 1250,
RESOLUTIONS
51. ~bne.
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MINUTES ΠTHE FEBRUARY 21, 19611 CITY COUJICIL MEETING
(CC-636)
NOH-AGENDA BUSI~ESS
52. ReoOlnition by Mayor ot special reC!Uests.
(a) General Audience - Ibne.
(b) City Council - City Hanal" Qlinl., requested thst
the Council ohoose a location tot' the adjourned .eeUna ot
FebrUSl"Y 27 Imd it was the conoen"us ot the O:.tJIICil to llleet
in the OIIployees' lounge.
Discussion ensued between statt and Counoil resarding
Hilhway 85 anel the use or publioity to allow t.he 91ews or
the City and City Council to be known.
At 12125 a..., the llleetlna was adjourned to a closed
session.
At 12:110 a.III., Council reconvened In open session. All
Counoi1llledlar!1 II.,.e Pf'esent as..... City 1'1801111" Quinlan,
Deputy City Cleric V111arante and City Attof'ney KiUan.
It was lIIoved b, Counc. Rosers, seconded by Counc. Johnlðn
and pasaad unlll'lIIously that the City Attof'n." sign and tUe
a stiuplation or qre_ant rOlardins the Cf'eston annaatlon
or Hr. D'Anna.
At 12:112 a.III., the meeting was adjourned to tbnclay,
February 27, 19611, employees' lounse, 7:00 p.m., tot' f'e9iew
or the Five Year F"recast or ~f'at1ng Revert... IIIId
Expenelitures anel develoPlent ot guidelines rot' poUoy and
goals tof' the 1984-85 Resouroes Han!llemant Plan.
4~Q~~~
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