The URL can be used to link to this page

CC 07-16-84 II> cc-650 CITY OF CUPERTINO, STATE 01" CALIFORNIA 10300 Torre Avenue, Cupertino, CA 9501_ Telephone: (408) 252-4505 MINUTES OF THE REGULAR HEE'fDIG or THE CITY COOMCIL HELD ON JULY 16, 198~ Df THB CONP!REKCI: 100M. CITY HALL, CUPDTIAO, CALIPORIUA Mayor Plungy called the _tiDa to order in the Coer.NBC. Room at 6:04 p... Counc, Present: Gatto, Johnson, Sparks (6:17 p...), Mayor P1Ul\C1 Counc, Absent: Rogers Staft' Present: City Manager Ouinlan City Clerk Cornelius Council interviewed Shirley Harl\)\f, Barbara !tally and Rona::'d !C1nsey. (City Clerk's Note: Counc. Sparks arrived at 6:17 p...) Interviews continued with Eugene Ituozynski, Itenneth Nevun, Allon Snyder, 'nIelllA ¡pat.in. It was IDOved by Couno. Johnson, seoODded by Co\U\o. Gatto and passed ..an1lllouslY to appoint Barbtara 1.11" Roaald Itinsey, Eugene Ituczynski, Paul Roberta and Thelma Spst.in to the ad hoo 00tllll1 ttee to stud, 10118 range disposal ot' solid waste, It was moved by Couno. Johnson, seoonded by Counc. Sparks and passed unanimously to appoint Shirley Harloll, Itenneth Nevman and Al::'en Snyder to the ad hoc comi ttee to study recycling. By consensus, Council agreed t,) rill the relll8ining openingll on the recyoling c~mm1ttea in September. At 6:46 p,m., Council adjourned to Council Chamber, At 6:50 p.m., the meeting was called to order in Council Chamber. SALUTE TO THE FLAG ROLL CALL _1_ ~-I MINUTES OF TH! JULY 16, 1984 CITY COUNCIL MmIMi (cc.650J 8. Resolution No. 6378: "A Resolution or the City CðUnoil of the Citf or Cupertino Setting Tiøe anó Plaoe ot hearill8 to," Consideration of Report and Aaae_t Lift of Abet_lit of Weeds Declared to be. Publio Nuisanoe. " 9. Release ot lien - LllDd ecnaervation Contraoi. - SeVin Spr1nga Ranall. 10. Aooeptance ot lIIW110ipal mproy_tal HeClell_ Road Bast ot SaD LeaDdro. 'ftIruat IV - (No supportll18 dooumentation required.) ì1. Resolution No. 63&4: "A Resolution ot the City Counoil ot the City ot Cupertino Approv1ll8 Parcel Map and Improvement Plans ot Proporty Looated on Palla Avenue; Developer, !'hiltip p, and Anne E. Prlager; Nanoy M. and Gerald Ii, l\rovn; Authoriz1II8 Execution ot Iaprov_t Agreement; AuthoriZinc SilDing ot Parcel Map 1M Improv~t Plans.- 12, Minutes ot the regular _t1ll8 ot July 2, 1984. ( CC-649) 13. Resolution No. 63851 "1 Resolution ot the City Counoil ot the Cit, ot Cupertino 11lovin8 Certain Clatas and Demands Payable in the ~nts and P'JoQD tile P'unda aa Hereinatter Described for General and Miscellaneous Expenditures tor the Period !oding July 6, 1984.- 14. Resolution No. 6386= "A Resolution of the City Co~oil of the City ot Cupertino Allov1ll8 Certain Claiaa and Demands Payable in the AIIOunts and tl'Olll the !"uncia as Hereinafter Described for Salaries and Wage. tor the PZ,yroll reriod Ending July 10, 1984." Vo!.e Members ot the City Council AYES: NOES: ABSENT: ABSTAIN Gatto, Johnson, Sparks, Plungy None Rogers None ITEMS REMOVED FROM CONSENT CALENDAR 15, None. ORAL COMMUNICATIONS 16, Membe~s of the audience regardl~g matters not on the age,-,c'1. -3- J.t:, -3 ... CC-650 CITY OF CUPERtINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 16, 19811 IN THE CONFERENCE RCOf, CITY HALL, CUPERTINO, CALIFORNIA Mayor Plungy called the _t1na to ordll1' in tbe eonr_e Rooa at 6:011 p.m. Counc. Present: Gatto, Johnson, Sparks (6:17 p.m.), Mayor P1UDØ Couno. Absent: Rogers Stat't Present: City Manager Quinlan Clty Clerk Cornelius CouDoil intervlewed Shirley Harlow, Barbara rellY and Ronald lUneey. (Clty Clerk's Note: Couno. Sparks arrlved at 6117 p.m.) Interviews oontinued with Eugene ruozynski, renneth ~, Allen Snyder, Thelma Epsteln. It vas IDOVed by CoUDO. Johnaon, seconded by '=ouno. Gatto and pa;.sed unan1lDouely to 'lPpolnt llar'-ra rell" Roaald rlnsey, Eugene ruczynski, Paul Roberts and 1hela Bpat.in to the ad hoc ooDBittee to study 10113 range disposal ot solid vaste. It vas IDOVed by Couno, Johnson, SIIoondtid by Couno. Sparks and passed unan1lDously to appolnt Shirley Harlow, renneth Newman and Allen Snyder to the ad hoc oommittee to study recyoling, By oonsensus, Council agreed to fill the rell8ining oJMDings on th~ recyoling committee in Sept..ber. At 6:46 p,m" Counoil adjourned to Council Chaaber. At 6:50 p,m., the meeting was oalled to order in Counoil Chamber. SALUTE TO THE FLAG ROLL CALL _1_ ~-I MINUTES OF THE JULY t6, j98q CITY COUNCIL MEETING (CC-650) Counc. \l1'f!!en\:.: Gatto, Johnson, Sparks, Mayor Plungy Couno, Absent: Rogers Staff Present: Ci ty Manager QuiDlan City Clerk Cðrneliua Direotor of Publio Works vtskovioh Director of Plamiq and Dnelopønt 51sk Direotor of Finance Snydar (left at 7:45 p.m.) Assistant Plann1n& Direotor Cowan (len at 9135 p...) POSTPONEMENTS OR IIV IGEIOA ITEMS It was IIIOved by Couao. Gatto, seconded by Cauao. Johnson and pasned unaniJaously to continue Items 22 and 26 to the meeting at' August 6, 1984. STAFF REPORTS 1, Oral reports by stat't' _tiers and submission at' written reports. City Manager's Report ABC hearing t'or Liquor Barn - The City Manager will notify interested parties ot t~~ hearing sohedulse! t'or August 1 at 9:30 a.m, Counoil direoted sta" to _t with citizens regarding the proo_., Mayor PIung will appoint 8 Counoil representative to attend the hearing. Mayor Plung:{ Naoko Sai to runners. introduc'!d ot' t"yota. Laura Linthioum at' Cupertino and Japan who are Olympic Torch City Clerk's Report Ratification or Pay Scale - It vas moved by Counc. seoonded by Cauao. Gatto and pasaed unanimously Pay Grade 177 t'or the Senior Trat't'io Technician. Johnson, to ratify 2. Appeals or raise alara ~harges. It was moved by Coune. Johnson, seconded by Counc. Sparks and passed unanimously to grant the appeal or Mr. Diahl. CONSENT CALENDAR It was moved by Counc. Spar'!'s, seconded by Coune. Johnson and pa33~ unanimously to approve the Consent Calendar as submitted. -2- .'. ".. +\... . . ~ oZ6 -¡)- MINUTES OF THE JUL! 16, 1984 CITY COOIICIL MBI'l'm (cc-650) 8. Resolution No. 6378: "A Reaoliltion ot the Cit, Councll or the City or CUpertino Setting Tlas and Place ot hearina tor Conaideration ot Repol't and Aaae_t List or Abet-.ent ot Weeda Declared to be a ~~blio Nuisanoe." 9. Relas. ot 11en - L8I1d CoDMrvat1oa Coatraot - Senn Sprinp Ranob. 10. Aoceptanoe ot lllUDioipal ÜIPI'OV_ta r HcClellaa ROIId Eaat ot Sa Llumdro. 'ftuouat IV - (No supporting documentation required.) 11. Resolution No. 6384: "A Resolution ot the City Counoil or the City ot Cupel'tiao A¡lproVInI Parcel Map and Improvement Pllll1S ~t Property Located on Palll AVarNel Developer, i'hlll1p P. and Anne E. Ptleger: Raney H. and Gerald W. Br<MIDJ AuthoriziDS Execution ot Iaprov_t Agreement AutJtoriz1n& SilØ1ng or Paroel Mlp and I:Dprov_t Plana." 12. Minutes or the rosuJ,ar _ti~ ot July 2, 198.. ( CC-649) 13. Resolution No. 6385: "A Resolution or the City Counoil ot the Cit, ot Cvqertino Allow1nl Certain Clatas and Demands Payable in the &.ounts and PrOD the Funds as Hereinatter Described ttx' GeMral and Miaoellaneoua Expenditurea tor the Period Kading Jul, 6, 198... 14, Resolution Yo. 6386: "A Reaolut:on or the City Council or the Cit, ot CUpartino Allr._1nI Certain Clataø and Demands Payable in the .....Junta and tl'Olll the Funds aa Hereinaft.er Described tor Salarie. and Wage. tor the Payroll P6riod Ending Jul) 10, 1984." Vote Members ot the City Counoil AY~: NOES: ABSENT: ABSTAIN Gatto, Johnson, Sparks, Plungr None Rogers None ITEMS REMOVED FROM CONSENT CALENDAR 15, None. ORAL COMMUNICATIONS 16. Members or the audience regarding matter~ not on the agenda. -3- ~-3 MINtrrES OF TKE JULY 16. 198_ CITY CDCIr. MßTOO <cc.650J Hrs, C. A, Moore, 103b4 Paradl" Drive, address8d COunoll regarding Sectlon 10.48.060 and Section. 10.48.062 or thG Cupertino lbIiolpel Gode. She stated that she . ha. complained to the Sh"rirf's Departaent reprd1Jl8 tI'UOk traftio adJaoent to private realdential property. Counoil dlrected that. tho Co -~ t, Services Ottioer speak with the store ..-,agar ot t~le Luoky Store and that the City Manager talk If1th Lt. Houston of the Sheriff's Depa~t for olarit'1oat1on ot eaforo_t. Council dln10tc that It tht.>re is anythin8 neoeouary re¡..reliDc ohange of Code that stafr bring it baok rH, the _t1ng ot August 6. PUBLIC HEARINGS 17. COnsiderat1C1ft ot aMIIdiDC ratell charged by Loll Altos Garbaðe Co. (a) Resolution No. 6379. -. Resolu~lon of tho Clty COunoil ot the Clty of Curertino AuthOl'izin8 an Amønd..nt in the Serv10e RatllS Charged by Loa Altos Garbage Company for the eolleotion and DisPOsal of Ret'wle 111 and trom the City of Cupertlno.- (b) Resolution No, 6387: -A Resolution of the City COunoil ot the City of Cupertino Author1Zin8 Exeoutlon ot Asreeaent between the City of Cupt.>rtino and the Couft~y of Santa Clara Re Allocation Capa~itles at Ferrarl Brothers Solid Waste Landflll Site in Mountain View, Entitled as Follows: 'A¡Jree..nt with Cities of (''upertino, Loa Altos and Loa Altos Hilla for Sharing Allooation Capacltlell at Ferrari Brothers Solld waste Landt1~1 Slte ln Mountain Vlow'.- Director of Publio Works Viskovlch reviewed hi~ report with COuncil. It was moved by Counc, Johnson, seoonded by Counc. Sparks and passed unanlmous,y to clo,.., '¡he public hearing, It was moved by Counc. Johnson, seconded by '."ounc, Sparks and passed unanimously to adopt Resolution No. S379. It was moved by Counc. Johnson, seconded by Caune. Sparks and passed unanimously to adopt Resolut¡on No, 6387. It was moved and passed General r .md the General City's Trust by Coune. Gatto, seconded by Coune. Johnson unanimously to appropriate $91,500 from the to be paid back with interest, to I".!tund to ~und $100,000 and transfer $60,000 into the Fune' for land flll paymen ts .2 _4_ . I' . . . c2~-i , MIlI1Jtt.S OF THE JUL1 '6. ,gal\ cU'! C<m~L 'MIItDl'. (~e..~~) 18. Considerat1oa excluding Hyers parking. PlaCe troll pend. t (a> Resolution Mo. 6380: "A Resolution or tho Cit, Counoil ot tbe Cit, of CUpertJ.ao ~01ud1ll8 "'.... Place troll Permt Park1ll8." Director or Publio Vorke V1sko.ioh ....1ewed t» biatofoy or pel'll1t park1ll8 in tla1a area with C0u001l. It vas IDOved by Couno. Jolmnaon, seconded by Couno. Gatto and passed uuanuoual, to olose the publio hear1ll8. It vas lIoved by Couno. Gatto. seconded by Couno. JohlUlœ and passed unan1lloualY to adopt J\esolut1011s 10. 6380. (City Clerk's Note. 7:35 p.II.) Director or FiDIID08 Snyder lart at 19. ApPlication 1-GPA-84 or City or CUpertino: Publio hearing ~ oooaider General Plan Allenœanta 1DOludillS, but not liDl1ted to tho 8MDdMDta deaoribed below. A General .Plan polioy which would e11ll1nate the ourrent policy or recognia1DC aU lots or reoorct ftxcept those located in substantiallY unuproved paper lot subdivisions. A General Plan policy which would allow slight increases in rloor area intensity tor old,r shopping centers already exceeding a .25 PAR. Consid~r two aotions regarding ~he Stevens Creek Boulevard Plan LJ.ne. (1) Amend the General Plan t~ reaove the Plan LiM as a General Plan exhibit. This action will el1a1nate the need to amend the General Plan when the City da81res to reviM the Plan Line. (2) Reco_nd a revision to the vertical and horizontal alignment ror the reach c~ roadway between Phar Lap Drive and Janice Avenue. Environmental recolDlOlends the ReeolllDended for Commission Deolaratioa. The of a Plannin.. Negative Review: granting approval, (a) Resolution No, 6381: "A Resolution or the City Council of the City or Cupertino Adopting an Amendment to the General Flan Concerning ~and use and Circvlation." -5- oZ-~ -s-' MOOITES OF THE JULY 16, 19811 CITY COO1ICIL MBlft'IIIG (cC-650) bsistant Plam!aC Direotor Cowan . ....,,1-.1 the applioat1nn with Council. The leplity or lot mergers vas dhcussect with the City Attorney. Ann Anger, MDD~. nata. add........ COUllOil reprdinS thI¡ erreot or the proposed _ndaenta on UIe ..ata V1ata ...... J....s Dyer, 21685 LoC. ta, atated tIIe~ fie IleU.."ed tile t since 1978 there had beeD a 5,000 84. n. ai~ and expressed objections to less. Assistant Plannins D1reotor Covu intol'tled COuIIeil that the proposed General P1"an polioy to .llow alipt int'rea... in rloor area intena1ty tor older sbOPP1aI OOftters pe~t.ined to those 'Jonstruoted Prior to 1975. Jim Jaokson, 1()101 SoaeI'&et Court, intoNed COunoil that the owner or the Crossroads ShoPP!aC Cent.. vas supportive or the Plannins CoIIIa1ss1011 reo~end.tiOft. Mr, Cowan stated that . Søeral cle1'1n1t1œ or shoppinS center could be two OC' eoN sto.... lInde.. aGe _g_t, J1JD Dyer, 21685 LoIIita, .sked Counoil it in the tuture Stevens Creek BouleYlU'd could be wideaed it neoessary without years ot hear:lnp CD tha utte... Counoil discussion tollowed during wh1ah it was l!IIIggested that the City keep the eas_ta 1."1 ca.. ot tuture desire to widen, Director or Publio WOrks Viskov1oh intor.ed Council it may be neoessary to acquire 150lIO Iota. Wally Murrit, representing Carl ~. Svenson Co., stated that in reprd to transrer or FAHa in oertain areas, a precedent does exist, i.e" tradtna ot trip ends. I~ was moved by Counc. Gatto, sollConded by Counc, Johnson and passed WIIUÚIIC'WIly to olose the publio heIIring. It was Dlo"red by Counc. Gatto, seconded by Counc, Johnson and passed unanimously to adopt Resolution No. 6381 approving the ~lioy regarding substandard lots or record, approving the policy to allow the incre~ae In tloor area tor pre-1975 shopping centers (detinition of shopping center to be two ")1' more contiguous store" under one manager). tc amend the Ganeral Plan to reaove StevMs Creek Boulevard Plan Line as a General Plan exhibit, to approve a Gene~l Plan policy regarding tra~ster or PARs in the area between Homestead and Bollinger and Stelling ~J the eastern City boundary ror property fronting on St~vens Creek Boulevard >.nd De An," Boulevard (it one or the -6_ .. . . . cX?0 - ~ . MIllUTES Of' THI JULY 16, 19M CITY COUIICIL ICB1'IJKJ (oc-650) properties t'I'onts on 81ther at:'OOt it will be cene1de1'ed tronting; reteI' thb ltc to the nannlnc c-1..1Oft tor tiDe tll121nc), to el1il1nate oene1d....tion or polioy to reatrict oerteift I'f'Open, loaated on SUv.s CNe" Boulevard to reta1l1llg. It was "'led '" CouIIO. JOIm_, NOODdecS by COUDO. Spark8 and paSMd vtth couno. IJetto dl..ent1n& to approve raodtricaUon or the vertical alicr-ot ot the Steveaa Creek Saulevard betlllllen PhsI' Lap Drive and Je10e Avenue. It vall aoved by Couno. Gatto, MGOIIded by CoUIICI. $parka and passed unaniaously to direot the Cit, Attol'M)' and atert to prepare le&1alaUon to expedite the lot .rgers as approyed. It wall aoved bJ Couno. Gatto, aeconded '3y CouI\C. Sparka MIS P8llsed unan1llously that lltart inolude a Moltani. to deal with the inorsallell in PARs tor older shopping oenter in the use perlli t prooeBl1o 20. City ot CUpertino: Publia baariDg to oonsider ~1nC the ntt-atreet parking ordinanoo as toll~1 CIIanae ott-lItreet perk1llg ...tios tor '181'101.18 UAS. Chan&e stall diMnlliona anel peroentage or replaJ', ooapaot, ed handicapped perk1llg IItalIs required ror various uses, ProY1de a polic, on aharad narking ror a1xed use d4mIlopeen t. Provide alternative parking stall arrangements in parking structures. Environaen tal reo~nds t.he Re.-nded tor The Planning :o..illsion ot II "pUve Deola...t1on. Review: granting approval. (a) Pirst reading or Ordinance No. 1211: "An Ordinance or the City or Cupertino Repealing Certain Ordinanoes Outlined in Section 2 and Establishing an ordinanoe Regulating Parking." Assistant Planning Director Cowan reviewed the proposed chang4s tor the orr-street park1rìg ordinance. Council inquired as t.o the dirrerences between industrial œanutaoturing anel R&D œanuraotur'.ag and also hcw starr would know the number or doctors L. a building to tie into the square rootage. Jim Dyer, 21865 Lomita Avenue, spoke in support or the proposed changes. -7- ~-7 MINUTES Of' TIIS JOLJ 16, 198J1 CI'1T COUIICIL HU:1'DIQ (~650) Walter liveS, VaUoo fuhioa Park, requeated that oa Pa&i' 4, Seotioa 5,8, 1no.lude UIe word "nlidated." It was lIOTed bJ Couno. Spuoq. peODdecl by Couao. Gatto illiG passed unan1lloual, to 01088 the publiO heariDI· It .... lIOTed II)' COuno. Gatto, _oaded bJ CouIIO. Sparke an4. passed _1aoUa17 to sraat . ....ti". Deolarat1011 tor the projeot. By consensus, Counoil approved the proposed changes with a ret'in1nC ot tlMt det1n1tiona aD4 UWI add1tica ot the word. "validated· as Nqeated. It was IIOved by Couna. Sparks, saoonded by Couno. aatto 8IICI passed unan1llOualy to read Ord1Jlanoo No. 1277 by title 0111' and tha Cit1 Clark's rea41aa to OOßStitute UIe tlrst read1na thereot. 19, Ap,>lioation 1-DPA-84 ot the City or CIJpert1.PoI Publ10 hear1na to conalder General Plan Amend..ents inoludlnC, but IIDt 1.1111\811 to tbe ".[I~'1,.-ts desorlbed belotf. (oontinued) It and the vaa IKIved bJ Couno. passed unan1llOual, project. Gatto, lMOOGded by Couno. JQhnaon to ¡rant a "'ptive Declaration tor RECESS: 9:24-9134 p... (City Clerk's Notel Assistant Planning Direotor CoNIø lett at 9:35 p....) PLANNING APPLICATIONS 21. Applications 11_U_84 and 5-TH-84 or Monta Vista Properties (T.,rry Brow,) I Use Perait to oonstruot 12 detanhed res1dential s1ngle-taa1ly dwelling units I Tentative Subdivision Hap to subdivide approximately one acre into 12 parcels ranging in size trom 2, 150 to 3,380 sq. tt, and Environmental Review: The Planning Commission recommends the granting ot a Negative Declaration, The subjeot pro~rty is located on the northwest corner ot Orange Avenue and Granada Avenue In a P (Planned Development w1th residential, 4.4_12 dwelling units pe~ gross aore intent) zoning distrlot. Recommended tör denial. Director ot Planning and Development 3isk reviewed the application with Counail, _8_ cw!¿:, . . . . -r MINUTES OF THE JULY 16, '98. CITY COUNCIL MEETING (CC-650) Terry Brown, density anel developed 1n applicant, shoved Counoil slides qUP '..1 ty of the neighborhoods tbe Monta V1sta area. depioting the that he has Ann Anger, Mont.! Vista, submitted a newsP3per article on development, She stated that the applicants bUildings would be on ..,., small lots and would not be tal' 1011 inoOlllO. She preseated t'1sures . and stated that in order to purohase one ot these homes, the bu,er would ha.,e to lllake $65,120 a year. She requested that Counoil deny the appHostion and stated that staff has railed the people ot Monta Vista, She stated that tile lots in the proposed development ware illegal lots and that the hOlll8s do not have 9 ft, setbaoks and there is no open epaoe. She stated that it the applioation is approved, it would be an inJustioe to Old Monts Vista. Linda Vincent, Monta Vista resident representing the Byrne Avenue Propertias l!oIIeovnera AISSOCi3tiO!1, read "letter into the record in support ot Terry Brown and the development as pro~sed, She ~tated that the ..-bora of the Assooiation did not WIU1~. ocock>."-niUl!lS built in that area, She subll1tted the letter and a patition in support or Terry Brown. Bob and Susan Bichler, homeowners 1n the ne" developaent, addressed Counoil. nuty stated that the OOR or condominiums is going up and in a4Sitlon tA the home oosts vere association roes. They relt that lanel valulte do not increase with oondODiniuas and tllere is a lack or privaoy ror the residents. nut, stated that Terry Drown has preserved the envi~nment in the area whsre they have purohased their home and would like the proposed development in their neighborhood. Dave Keye stated that he is buying one or the homes in the oompleted area Md is IIIOving in Saturday. He is IIIOving from a condominiua, lie stated that condominiulllS are a steppingstone to single-rasil, homes and that thera ~s not much in the prioe range of the home he purchased other than condomlniulM and town houses. He expressed dismay ir Phase II would be condoll1nil.llllll. Richard moving Counc 11 Hayes also informed Council that he would soon be into one of the Phase I homes. He requested that approve Phase II as per the application. Reed Hillyard, Hinaker Court, stated that he was speaking for himself and his wife and they were familiar with toe units. They felt the quality of the home is high, the home 1s attractive and the proposed development would complement the area· They requested that Counoil approve the project as pres~nted. -9- e>2 ç. - ,'7 MINUTES O~ THE JULY 16, 198~ CITY COUNCIL MIBTING (CC-650) Jim Dyer stated be lives two blooks development and is opposed to high expressed concern that the de,elop~r much, partioularly in the area or w1hout the plan being approved. t'roa the proposed density. He a180 could have done ao capital iaproTeaents, . David Peake, Byrne Avenue, reque"t~ that Counoil appPOYe the application. He stated that Hr. Brown aaintaina an exoellent quality or conatruction. Ann Anger, Monta V1:sta, stated that she does favor detachad homes but is against the density ot tha appl1cat:1oo. She also stated that she wanted to see the plans tor the 12 units, and it' she cannot, she will go to the Grand Jury. Alyene Dassett, Hermosa Avenue, stated tt~t she preferred single-ramily residences over apartments or duplexes. She asked it' this were e new olass ot' building. She stated that the proposed buildings would be on _liar lota than most or the people....re used to. She expressed concorns regarding the house at the oorner and the one at the upper end, She also atoted that the Cit, would have to J,lJJ'Ohase a house ror traffio tlow and that a propert, line gooa through a man's house. Terry I!t'Own stated that the net square rootose :'or his 18 home development lIIIe <lOt quite 62,000 sq. ft. For the proposed 12 hOlHs tha approxiaata sq..re t'ootap is 35,200. He also stated that those speak1.Dg 00 behalr ot his project¡ were not putting down Ann Anger's .trorte ~e 0.... the years, He alao stated that he would be aare_ble to the proposa~ or ellÆinating the BHR unit. . A history cf utilities and improv....nts put into tbe aNS was reviewed by starr. Mr. Brown ~nrormed Council that there are three landowners involved in the proposed project, Six of the hOMS would be on Monta Vista Properties land and two hOlllt!s 01\ each of the others invovled. Ann Anger requested that Council approve only eight units or this would be the last time she would be in City Hall. It was moved by Counc, Sparks, seconded by Counn. Gatto that the project be redesigned for ten units and that the appllcant come back at the meeting of August 6, 1984 and that staff check on the possible eli.tnation of the BHR unit. A substitute motion was made as follows: it W3S moved by Counc. Gatto, seconded by Caunc. Sparks that the applicant come back with a development proposal that has the same density as the ex1<1ting p;,aee oì six houses, !hi<! could be done by taking the gros~ square footage in each case and determine so m~~y units per gross acre. 02-~ -/0. _10_ HIII1JTI!S OP' THE JULY 16, 1984 CIn COUIICIL KEBTIIKJ (CC-650) Counoil passod the first action with COWIO, Johaaon dissenting, 22. Applioation 11-U-82 (Revised) ot CoIaunit, lIousins Developers I Use Permit to inolude aoditicatiCII or oertain archJ.teotural el_ta, exterior __1&ls erId rloor plans. In additiOD, a rup, l1tt aDd -eres ot reruge" intended ror _rgenoy eyaouatiOD _ propoeed ror delet~on, Environmental Review I TIle project vas previously usasaect, benoe, 110 IUIt10ll u required. The subject pro)êrty 18 located approxiMtely 150 n. south ot Stevens Creek Boulevard and 300 tt. ea.t ot Ste111111 Roed in e P (Planned Deyelopaent) ZOII1nC d1stY'1at. Reoommended tor approval. . Continued to August 6, 1983 ...ting. ARCHITECTURAL AND SITE APPROVAL COHHITTEE APPLICATIONS 23. None. UNP'INISHED BUSINESS 24. Resale ot Portal Plaza 8HR un1t, Upon be1ng asked by CoUD'Jil, the C1ty the home oould not be sold at aarket unless the BHR program is eUa1nated, could recover expenses and any interest Attorney atated that rate bJ tbe C1t, How.ver, the City lost. It vas moved by Couno. Johnson, seconded by and passed with Counc, Gatto d1ssentins purchase the unit, CoUIIO. Spark!! that the C1ty NEW BUSINESS 25. Use or helicopters in construction and demolit10n activities. (a) First reading at Ordina~~~ No. 12781 "An Ordinance or the City cr Cupertino Amending Sections 10.48.014 and 10.48.053 or the Cupertino Municipal Code Relating to Violations or the Community Noise Ordlnance and the Use or Helicopters in Con~truction and Demolition Act! vities." Steve Sullivan, Avls Helicopters, stated that hls company is dolng ~pproxlmate:y one job a month ln Cupertino. The average job lasts 17 minutes. He .1.0 stated that Mr. Anderson sald that he had been dlsturbed twice ln or,e fear. He requested tha t U:e ordinance be revlsed so tha t _11_ ~(; -/1 : MINUTES 01" THE JULr 16, 1984 CITr COUNCIL HEBTIIIO (cc-6so) he could oome and uk ror exceptions to be Il'anted by the starr. He expressed special IJoncnm regarding 11a1ting the exposure or people in the 1Jmaedia te area where work is be1ng done. . Hr. JllllleS Anderson stated that lr the hours ot appro'tal ¡;ere to be extended it would be better to extend It into the evening and not at tirat 11111t. It vas IIIOVed b, Couno. Sparks to a1101t the D1reotC<" ot Planning and Developaent to grant exceptions based on sarety standards anel that the ordinance be retumed to starr ror rewording. The aotion died ror laok or . MOon-i. It was IIOVed by Counc. Sparles, seconded by Couno. Gatto anel passed unanimously to read Ordinanoe No, 1278 by title onl, and the City Clerk's read1ng to constitute the rirst reading thereor, 26, Report 01\ bid opening, Bianchi Way Develollllent, Projeot 85-11, and award or oontraot, Continued to August 6, 19811 _t1ng. 27. Amending the munioipal oode to require spay1ng or neutering or cs ts or dOls adopted f'Ioo. the hWl8l1e sooiety animal shalter, publio pound or !PCA. (a) First reading or Ordinanoe No. 1279: -An Ordinanoe or the City or Cupertino Aaend1ng Chapter 8.0S, Aniaal and Rabies Control, or the Cupertino MUnioipal Coda.- . It was moved by Couno. Sparks, seconded by Counc. Oatto and passed unanimously to read the ordinanoe by title only and the City Clerk's reading to oonstitute the rirst reading thereor. 28, Rsview and reoommendation, City Hanager and City Attorney cocpensatlon. <a) Resolution No, 63821 "A Resolution or the City Council of the City or Cupertino Establishing Salaries ror the Poaitlons or City Henager and City Attorney." (b) Resolution ~Io. Coune 11 of Resolution No. 6383: the 52111,· "A Ci~y Resolution or the City or Cupertino ~ending -12- 0.2 r;. ~ /..... HINUTES OF '!'lIE JULY 16, 1984 CIn COUNCIL HE8TIIKI (cc-650) It was moved by Couno, Sparks, seconded by COUIIO. JobDaon and passed unanimously to adopt Resolution NO, 6382. It was IIOVed by Couno. Sparks, aeoODded by Couno. Jobaaoo and passed unanimously to adopt Reaolutiœ 110.. 6383. :' It Wla IIOVed by Couno. Johnson, Sðoondsd by Couno. ~kII . ' anel puaed unanimously to a)prove Hanas_nt eo.peaaation and other benerite as aubmitted. WRITTEN COMMUNICATIONS 29. None, ORDINANCES 30, Seoond reading or Ordinance No. 1274: "An Ordinance or the City or Cupertino Amending Section 1 ot OrdinaMe No. 2 by Rezon1ns 4.25: .0.... t'roII BA Zone to R1-6 Zone and 6.25: Aoru i'r'oIa SA Zooe to PH ZODe, BxistiIIC Jollyman Sl_ntary SoIIool Site 1.ooated last or Jollyman Park, North ot Heathervood Drive and at the Western Tel'llinua ot De Foe Drivlt, !)UUS Drive and De La Farse Drive," It was IIIOved by Couno. Sparks, seoonded by Couno. Gatto and passed unanimously to read Ordinanoe No. 1274 by title only and the City Clerk's resdins to oonstitute the second reading thereot. It was IIIOVe<! by Couno, Gattc, seoonded by Couno. Sparka SlId pase~ unanimously to enAot Ordinanoe No. 1274. 31, Second reading of Ordinance No. 1275: "An Ordinan"e or the City or Cupertino Amending Seotion 1 or OrdinaDce No. 2 by Rezoning 5,2 Aores from BA Zone to R1-6 Zone and 5,0+ Acres rro. BA Zooe to PR Zooe; Existing Hoover Ele.entãry School Site Located on the North Side of Barnhart Plaoe between Prilarose Way and Aster Lane," Dirk Hughes-Hartogs, Leeda Avenue, property owner requested to address Council, City Attorney Kilian stated that the Nesative Deolaration Cor this rezoni~g had been grantsd, Any evidenoe would not be propel' as the developer was not put on notice. He stated that any remarks or Hr. Hughes-Hartogs HOuld not be part of the administrative reoord. I Mr. Hughes-Hartogs presented a letter to Counoil and two photographs of the area for their viewing. He will be notified when the map and other items are oonsidered for this location. He quoted from the General Plan regarding e>2~ -/3 -13- . . MIKUTES OF TIlE JULY 16, 198~ CITY COOIICIL MBfttJl) (00-6$0) gradual transit1...... rroa one ..- to anottIer and open space. . It was 1IIOVed by CoaDo. OtItto, seconded by Coùfto. Spuolcs and passed unanir-lwsl, to read O'rd1aaoe 110. 1275 by title only and the City Clerk's read ins to constitute the second r",adins tbereot'. It was IDOVed by CoUDO. Gatto, seoonded by Coafto. 8par1ca and passe1 unan1mowsly to enaot Or'd1øanoe 110. 1215. 32, Seoond readins of' Ordinance 110. 12761 -An Ord1nanoe ot' tbs City ot' Cupertino Mending SJOtion 11.211.1$0, 11.24.160 ,\lid 11.211.17:1 ot' the Cupertino !bûoipsl Code, R,,~p.,ing to Stopping, Standing or Parking on Mariani Avenue and Parking !.Ua1tationll on VaUe, Green Drive,- It was 1IIOVed by Couno. OtItto. seoonded by COGIIo.. Spvka amd passed unan1mows!T to read OrdU- 10. 1m by title only and the City Clerk's read1A& to conlltitute tile IMOOIId reading tbereor. It was IDOved by Couno. Gatto, s"ICIOllded by Couno. Sparks and ,assed unan1mously to enaot Ord1øanoe 110, 1276. RESOLUTION~ 33, None, e NON-AGENDA BUSINESS 34. Reoognition by Hayor or special requellta (a) General Audienoe - None. (b) City Counoil Mayor Plunø brouaht up appointments that will be _de in Septeaber tor variows advisory bodies. By consensus, Counoil agreed to aooept applications tor the various advisory bodies tbrough September 7 and to conduct the interviews at 7:00 p.m" Tuesday, September 11 in the Conference Room, They requested that these openings be mentioned in the Cupertino Soane and that a press release be issued. At 11:48 p.m., Council adjourned to Closed Session. At 12:02 a.m., Council reoonvened in Cou~cil Chamber with Councilmembers Gatto, Johnson, Sparks and Plungy present as well as ~ity Manager Quinlan and City Clerk Cornelius. _14_ ~~ -/¿é , . . þ .' IÙJkt..s or TIll .nø.r 16, 19811 ctrr ~"f" _...., (cc-4i50) It vas IIOVed II)' Couno. :1atto, a-oÐåcl 111 Couno. .Jt>hn_ and paued """n.-ual,. to aooept tile City A~tol'lleJ'a repol'!. resard1D8 Cupertino V8. tile COUnt, aød dlreot 8tat't to proceed with the d1aouas1oa ot ..Ul I' It .. per d1NOt1on in olosed ....ioa 1D. reprd to _ _tHe ot I1aDobi ... Cupertino. 'DIe _t1q vas "joumed at 12.05 .... ~£~ City Clerk . -15- c::><é C. - /.s-