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CC 07-18-94 a' . . . . CC-884 MINUTES Cupertino City Council Regular Adjourned Meeting July 18, 1994 PLEDGE OF ALLEGIANCE At 6:47 p.m., Mayor Koppel called the meeting to order in the Council Cbambers, 10300 Torre Avenue, Cupertino. ROLL CALL Council members present: John Bautista, Don Burnett, LamaIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Council members absent: None. Staff Present: City Manager Don Brown Deputy City Clerk Roberta Wolfe City Attorney Charles Kilian Community Development Director Bob Cowan Parks and Recreation Director Steve Dowling Public Works Director Bert Viskovich CEREMONIAL MATTERS - PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS David Roberts, 10367 Greenwood Court #3, $lÙd he had been hit by a car on Greeû'.'."OOd Court on June 29. He asked that the speed limit be changed. Karen Schell, 10299 Miller Avenue #1, asked Council to lower the speed limit on Miller and Greenwood Court to 10 or 15 mph. Renee Roberts, 10367 Greenwood Court #3, $lÙd she has been tIying for two years to get th:: speed limit lowered ftom 25 mph to 10 mph. The residences on Greenwood are multiple family dwellings. She described her son David's accident and injuries. She $lÙd there have been other children hit by cars but they weren't as seriously injured. She suggested a four way stop be installed, or speed bumps. Gene Gurvich, 10362 Greenwood Court #6, $lÙd he was the driver of the car that hit David Roberts. He also said he would like the speed limit lowered. ." July 18,1994 Cupertino City Council Pa¡e 2 . Dean Simmons, 19515 Greenwood Court #2, said he has lived on the street for five years and has children. There have been many near misses. His child has been hit twice, not serioWlly. Mr. Simmons said that people do not follow the cum~ of the road and there are frequent accidents at Miller. He suggested a stop sign, a lower speed limit and center bumps. The Director of Public Works said it would require a petition to insta1l raised bars in the middle on the curved portion of the street Regarding the speed limit, he said anything below 25 mph is not enforceable. In answer to a question regarding speed bumps, Mr. Viskovich said Council would have to change the ordinance to allow them at this location. Mayor Koppel suggested setting up a meeting between staff and resident!J. Mr. Viskovich agreed that a committee would be a good idea They could address the issues and try to come up with solutions before meeting with Counci' so that optioas can be presented. Staff was directed to work with the resident!J in setting up the committee and meeting with them. CONSENT CALENDAR . It was moved by Counc. Sorensen, seconded by Counc. Bumett, and carried unanimously to adopt the consent calendar as recommended. I. Resolution No. 9144: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending June 29, 1994." 2. Resolution No. 9145; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Genera1 and Miscellaneous Expenditures for the Period Ending June 30, 1994." 3. Resolution No. 9146; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending July 11, 1994." 4. Resolution No. 9147: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries ..nd Wages for the Payroll Period Ending June 30,1994." . 5. Monthly Budget Update and Treasurer's Report, June, 1994. 6. Approval of June 27 and July 5, 1994, City Council minutes. July 18, 1994 Cupertino City Council PBge 3 7. Resolution No. 9148: "A Resolution of the City Council of the City of Cupertino Approving a Cost of Living Adjustment in Service Rates Charged by Los Altos Garbage Company for Collection and Disposal of Refuse." 8. Request &om Cupertino Girls Soccer Club for waiver of use fees for a fund raising event at the Senior Center. YQ1C Members of the Ci\y Council AYES: NOES: ABSENT: ABSTAIN; Bautista, Burnett, Dean, Koppel, and Sorensen. None None None ITEMS REMOVED FROM mE CONSENT CALENDAR - None PUBLIC HEARINGS 9. Appeal of Planning Commi$Sion denial of Application 7-EXC-94 filed by Barre Barnes, President, Lotus Development and Construction, Inc. The application requests an exception to construct a new residence on a substandard lot in accordance with Section 19.40.050 of the Cupertino Municipal Code. The property is located at 22801 San Juan Road. Community Development Director Cowan said that the developer was requesting a continuance to the next meeting. The request had not been received by the City until late in the afternoon. Charles Williams, 22770 Mercedes Road, asked if this seemed like the best way to get the community involved in these issues. Mayor Koppel explained that this is not unusual and continuances are often reqUC$fed at the last minute at the meeting. 10. Applications 2-Z-94, 3-TM-94 and 12-EA-94, Emily Chen. First reading of Ordinance No. 1662: "An Ordinance of the City Council of the City of Cupertino Amending Tide 19 of the Cupertino Municipal Code by Re:<.oning Approximately 1.08 Acres Gro$S From A Single Family Residential (RI-6) Zone to a Planned Development Residential P (RES) Zone; Located at 19340 Phil Lane (Application 2- Z-94 - Chen)." Tentative Map to subdivide a 1.08 acre parcel into 5 lots. The Planning Commi$Sion recommends the granting of a Negative Declaration. Recommended for approval. Mayor Koppel announced that Counc. Burnett would be abstaining on this item, as the project is directly adjacent to his property. Counc. Burnett left the dais. The Community Development Director reviewed the staff report and Mayor Koppel opened the public hearing. July 18, 1994 Cupertino City Council Page 4 Emily Chen, applicant, stated that the property has a particular character because of the trees and the Andersen home. She thanked staff for their cooperation and help. She then told Council she had some exceptions to the conditions of approval as W'..ommended by the Planning Commission. Ms. Chen said it is a challenge figuring out how to preserve the trees on the property and that the conditions require preservation of II out of 40. Ms. Chen said she is trying to preserve the beauty of the lots. She did not object to the bond but asked that it be shortened ûom 4 years to 2. She requested more flexibility in terms of the style of the design and the building material. The siding will be vertical wood on the side facing the Eichl;:r homes and stucco on the side facing the court. She showed two samples of roof tile, and said she agreed with the required setbacks except for those on lot S. A IS ft. setback would make more room for the Oak tree that must be preserved. Ms. Chen said that there are lots ofhea1thy trees protecting the privacy of the neighboring homes. She Slid it has been challenging findin~ ways to design the windows and make the pad smaller. Ms. Chen said that she has tried to let people see the house whenever they wished. She said she doesn't like the uncertainty and asked for clear direction from Council. Ms. Chen discussed concerns about the two story houses, and said if they put in high windows, neighbors' privacy will be well protected. Ms. Chen said the plan has a one-story house on lot 4 because there are no trees to protect privacy ftom second story windows. Ms. Chen requested 15ft. setbacks fo¡ both the first and second floors. A second story setback of 25 ft. would impact the Oak tree to be preserved. Forrm King. 604 Phil Court, representing Fairgrove Neighbors, said they cautiously approve the rezoning, however, they have many concerns. Mr. King said the group supports the retention of the Andersen house. He also said that the tentative map presented to Council tonight is not the one approved by the Planning Commission on June 27. Also, there is no site, landscaping or floor plan. The dOC\UDents presented tonight are difficult to evaluate without more documentation. He said design control is essential if this unique property is to be protected ûom the building of large houses built ftom stock plans such as those proposed by the developer. He said they supported the proposed zoning conditions and thanked staff and the Planning Commission for their thoughtful consideration of the issue. Mr. King said he supported a 15 ft. fIrSt-floor setback. He said he hopes this will encourage one-story houses throughout the project. He said all second-story elements must face the cul- de-sac if two story houses are approved. Mr. King showed a transparency of the development and cited some concerns including setbacks on Lot 4, the size of Lot 5 and the size of the house proposed for it. July 18, 1994 Cupertino Ciry Council Page 5 Mr. King said he supports preservation of the trees. He expressed concern regarding the reduction of the bond. He suggested that the Oaks and all trees with diameters of 10" or more be fully bonded for $10,000 each. He didn't feel four years was excessive. Mr. King !Jaid he was pleased with the floor area ratio recommended, but the developer's plans have not met these conditions. The condition about protection of privacy should read, "must respect privacy" instead of "should consider privacy." He agreed with the Planning Commission recommendation in regard to building materials and colors. Mr. King pre!Jented an overhead showing the contrast between the proposed stucco, 2-story houses with the adjoining Eichler homes. He said he was concemed about the fences and requested that the existing oral agreement with the neighbors stating that the developer would provide fences be added æ a condition of I'pproval. In regard to additional trees, Mr. King said the tentative map showed only seven IS-gallon trees instead of nine as approved on the zoning. The Planning Commission recommendation was for 24 inch box size trees. He said he hoped the location of the trees would be re-evaIuated, and requested trees be evergreen as opposed to deciduous. Mr. King said that the developer has failed to confonn to the proposed zoning conditions regarding the number of lots. Mr. King felt that four lots might be more appropriate. Marilyn Phillips, 632 Phil Court, Fairgrove Neighbors, said she lives adjacent to Lot 2. She showed pictures of the Andersen house as seen from her property. She said the broken architectura1lines are more welcoming, graceful and unique. She said she would like the house preserved. Ms. Phillips then showed the proposed changes to the house - stucco, no eaves or v.sible rafters, the windows changed and a second story added. She said the proposed plan shows the lot as a flag lot The house would be privately occupied and not accessible to the public. She stated that the neighbors have been trying to get th: property rezoned as a neighborhood park, and she suggested the house could be !Javed and be used as a meeting place in the park. In answer to a question from Council, Mr. Cowan said he thought the existing house is 2,300 sq. ft. Barbara Rogers, 19764 Auburn Drive, said she agreed with the Fairgrove Neighbors. She !Jaid she hoped that the neighborhood can be a part of the process. Ms. Rogers said the house should be !Javed because it has a hundred year history on that site. She asked that preservation be put back in the tentative map conditions. Ms. Rogers said that the City is more than neighborhoods; it is the past, present and future and they would be sorry if the house isn't !Javed. She acknowledged the interior is not in good condition. Counc. Bautista asked Ms. Rogers what part of the house is salvageable. Ms. Rogers said there was a major addition in 1900, then others that might not be as important, but they should !Jave as much as possible. Counc. Bautista asked how many 100 year old houses we have on the historic register. Ms. Rogers !Jaid the Historical Society has some lists and mentior.ed the Ju!y 18, 1994 cupertino City Council Page 6 Tri3JIon and the Montgomery house. Mr. Cowan referred to a local list of historical houses. Pat Roger'J, 19764 Auburn Drive, urged preservatbn of the house. He said he thinks everyone who lives here has a vested interest in pns~'rVation. It is the only house left that was built in the last century and is still on the ~ame site. He said regardless of whether the house is left or taken down, Council should be careful of putting up large houses, and that Council should take into account how people feel. Mary Lou Lyon, 879 Lily Avenue, said she is a member of the Conference of California Historical Societies. She said that history has been tom down and mentioned a barn, the Cali Mill, the Parrish house, the Jollyman house and the Doyle winery on McClellan which burned. The property under discussion would have been a good park with a house. She said she was distressed to see the big houses on Stelling. Ms. Lyon said the Andersen house has history. It's not as gorgeous and not as interesting as the Parrish house, but it was part of a Spanish land grant and is a Craftsman house with a unique style. She stated that it's laudable to save trees, but why are trees more important than the house. Tanessa Handl, 10721 Moreno Drive, said she was representing her!Jelf and friends. She said Cupertino doesn't have a lot of historical houses. She urged Council to save the house and said it could be turned into something where kids could learn by doing or seeing. She said she and her friends stop and look at the house whenever they are riding their bikes in the area. The past is as important as the fut".Jre. Ms. Handl said she thinks the Andersen house has more character than the proposed houses. Clem Wang, 906 Hyde, Fairgrove Neighbors, said he grew up on tbe east coast. Growing up with histõr,- adds to the growing experience. He said having a second story looking into your yard could be unsettling. Even the two story Eichlers have a small second story with large setbacks and no windows intruding on neighbor'J. He said that his sense of the pauu;:,$ was that there had been a fair amount of misunderstanding. He cautioned Council to make sure everyone understands what is rally happening. He said the proposed plan seems too crowded. Edward Jajko, 6235 Shady Grove Drive, said he is concerned even though his house does not abut the project. and Mr. Jajko he is also concerned about the loss of an historic record. He supported Barbara and Pat Rogers, Ms. Handl and Ms. Lyon. He quoted a line of poetry; "Of all sad words of tongue or pen, the saddest are it might have been." He said if the house is tom down, history is gone forever. lfCouncillets the property be developed with the massive ho¡;ses, privacy of the neighbor'J is destroyed fo!::ver. The trees we plant will die ar.d be replaced with small ones. He said what should have happened at the site was a pocket park. Jennifer Chang, 19340 Phil Lane, said she ",¡as representing some future owners of the proposed homes. They thought they would have their dream homes by August. July 18, 1994 Cupertino City Council Page 1 . Ms. Chen and her architect have made several changes and as a result have lost some features. Ms. Chang asked for flexibility regarding the floor plan. Emily Chen, 19230 Phil Lane, said that as a developer she had no objection to keeping the historical house. Ms. Chen said there has been misunderstanding about the plan. If the house is kept she was willing to work with the Historical Society. She said she has investors and she wants to build their dream house. Ms. Chen said that when people immigrate, they want to come to Cupertino and have homes near shopping and schools. She said w feels that new homeowners' voices are hardly heard '--~ of their poor English. She said she will try to comply with the requimnents but she wants to treated fairly as well. Ms. Chen said the lots are as large or larger than those around the project. She said that those who grow up in the Cbi~ culture still think they are responsible for supporting their parents and think the two story homes are ideal bec....se one part co¡Jd be used for the elderly parents. There are also concerns regarding the direction the houses face and how the rooms are arranged. She said the pro5¡)Q.:tive homeowners and architect want to cooperate with her and the City. Counc. Dean said this is the third time he has seen the plan and each time it is different. He said he was not sure Council had accurate plans. , Mr. Cowan said that åetails such as siding should be decided at the use permit level. However, it would not be appropriate to have different materials on different elevations of the homes as proposed. Counc. Dean said that when Council sees the plan it should be final and accurate and something on which to base a decision. In answer to questions about fences, Mr. Cowan!J8id the City doesn't normally get involved, but does have the ability to control fencing in a PIæmed Development zone. Counc. Bautista stated that he thinks compatibility with the adjoining homes is important. Regarding second stories, he asked if there were a way to have the windows face the cul-de-!I8C instead of the neig'_OOrs In regard to setbacks, Mr. Cowan said the setbacks recommended by the Planning Commission are different fÌ'om conventional developments. ) Counc. Sorensen stated that the General Plan expresses concerns about neighborhood harmony. She!J8id she would prefer four lots. Sbe agreed with Counc. Bautista regarding the windows. Counc. Sorensen !J8id any tree over 10" should be bonded. She agreed with the Planning Commission recommendation for building materials. She said if homeowners and Ms. Chen can agree about the fence, it's okay. She said the house must be protected. Perhaps there was the possibility of designating it an historic site. Maybe there would be financing for restoration. July IS, 1994 cupertino City Council PageS . . Mayor Koppel said she would prefer an overhang on the roof and would also li1ce the windows to face the cul-de-sac. She said she had a problem with the developer having to put in the fence; maybe the costs could be split will¡ the homeowners. She said she supported saving the house, but didn't know which pr..rts. ~,he said they need to visit the site and get a better grasp of what is historic. Mr. Cowan told Council the Historica! Society could give advice ir. the context of the use permit hearing. Mayor Koppel asked if there had been any consideration of ·.noving the barn to McClellan Ranch Park. City Manager Brown said they are tilled up with historic buildings. Mayor Koppel said maybe they could consider moving it to Fremont Older. Mr. Brown said there is a master plan committee and they can consider that It was moved by Counc. Sorensen, seconded by Mayor Koppel, and carried 4-0 (Burnett abstaining) to grant a negative declaration. It was moved by Counc. Bautista and ,;econded by Counc. Sorensen to approve Application 2-Z-94 per Planning Commission Resolution No. 4537 with the following amendments: . Condition 3 - Building/construction materials, amended to require wood siding for all four elevations, and roofing material to be flat tiles, roof to have eaves. Allow fl~bility in the use of brick and stone. Second floor window types - favor views toward cul-de-sac, not toward adjacent homes. Condition 4 - Tree preservation - bond to be released after two years (instea:i off our). Two "8k trees and one cedar shall be specifically designated for protection. No requirement for developer to construct fences. Intention is to require prcsa vation of the Andersen house, with tile feasibility of preservation being an issue to be determined when considering 2pprovaI of the conditional use pennit Historical Society input will be considered. The motion was carried 4-0 (Burnett abstaining). By consensus, Council set 8:00 am., Thur!Jday, July 21 for a field trip to visit the house. þ It was moved by Counc. Dean, seconded by Bautista, and carried 4-0 with Counc. Burnett abstaining to approve Application 3- TM-94 based on the findings in Planning Commission Resolution No. 4538. The Deputy City Clerk read the ordinance title. Jut, il. iQ94 Cupertino City Co\uil Page 9 . It was moved by Counc. Sorenxn, seconded by Counc. Bautista and pas!Jed 4-0 (Burnett abstaining) that Ordinance No. 1662 be read by title only, and the Clerk's reading to constitute the first reading thereof. RECESS: 9:05-9:15 p.... Counc. Burnett returned to the dais. 11. Application 81,151, City of Cupertino. First reading of Ordinance No. 1655: ~An Ordinance of the City of C.JpertÍDO Amending Sections 17.24.130 Ground Signs; Information contained, 17.32.0 to Temporary Signs; Location, 17.32.040 Temporary Political Signs, 17.44.030 Planning Commission Review Required, 178.44.080 Appeals of Title 17, Signs, of the Cupertino Municipal Code." This includes regulations of political signs and sign sizes. Located Citywide. The Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. The Community Development Director reviewed the staff report and Mayor Koppel opened the public hearing. No individuals wished to be heard, and the public hearing was closed. . It was moved by Counc. Dean, seconded by Bautista, and canied unanimously to grant a negative declaration. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and canied unanimously to approve Application 81,151 based on the findings in Planning Commission Resolution No. 4539. The Deputy City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by Counc. Bautista, and passed unanimously that Ordinance No. 1655 be read by title only, and the Clerk's reading to constitute the first """,,ing thereof . 12. Appeal of Planning Commission decision ægarding Applications ll-EXC-93 and 3- TM-92 (Modified) - Mart Sandoval, an:hitect; Joseph and Xenia Czisch. plu!"'aty owners. This is a request for an exception to construct a new residence on slopes greater than 30% in accordance with Section 19.40.050 of the Cupertino Municipal Code, and a tentative map to modify an approved map to subdivide a 2.28 acre parcel into two lots with lot sizes of 1.15 and 1.13 acres. The property is located at 11845 Upland Way. (Pressley/CunninghamlRennak, appellants.) The Planning Commission has prepared a report on the revised development proposal and geologic conditions of the site. (Continued ftom June 20. Continuance to August 1 requested by applicant.) July \i, \1)C)4 Cupertino City Council 1'.10 . By consensus, Council continued this item to August I, 1994. 13. Application Nos. 80,052.2 and 100EA-94 - City of Cupertino. First reading of Ordinance No. 1657; ~An Ordinance of the City Council of the City of Cupertino Amending Various Sec:tions of Title 19 Zoning Code Regulations." This includes prescriptive requirements for large family day care homes. The Planning Commission recommends the granting of a Negative Declaration. ~mmended Cor approval. (Continued from July 5.) The Community Development Director reviewed the staff report and Mayor Koppel opened the public hearing. No public testimony was received and the public bearing was clÅ“ed. It was moved by Counc. Dean, seconded by Counc. Burnett, and carried unanimously to grant a negative declaration. It was moved by Coune. Dean, seconded by Coune. Burnett, and carried unanimously to approve Application No. 80,052.2. The Deputy City Clerk read the ordinance title. . It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1657 be read by title only, and the Clerk's reading to constitute the first reading thereof. 14. Appeal of Community Development Director's decision to allow a mobile recycling facility (Goodwill) at Batch Brothers Liquors and Groceries, 22690 Stevens Creek Boulevard. (Robert Irwin and Deanne Vassiliadis, appellants.) The Public Works Director reviewed the staffreport and Mayor Koppel opened the public hearing. Counc. Burnett raised the question of traffic access to the unit since a left nun ftom Stevens Creek Boulevard into the parking lot crossed a left turn storage lane. . Robert Sasson, 1080 No. 2nd Street, San Jose, said he was here to represent Goodwill of Santa Clara County. He introduced Steve Spivak, also from Goodwill. Mr. Sasson said that Goodwill is a Santa Clara County based non profit organization and that 75% of the money they raise COlDes from donations and the sale of donations. Mr. Sasson described some of the activities of Goodwill, including being a transitional employer and training people for jobs. He said they try to be good neighboB. 1òe donation stations are fully attended. In answer to Council's questions, Mr. Sasson stated there are other stations in Cupertino. He said they had looked at other sites for the trailer but they didn't meet the City's code requirements. . .. July 18, 1994 Cupertino City Council Pagcll . Robert I~in, 10128 Camino Vista, appellant, showed a transparency :ndicating which residents in the neighborhood had signed the petition objecting to locating the trailer at Bateh Bros. He said the parking lot where the trailer wo"id be is dirt; he said he and his neighbors have called the Sheriff200-300 times for various violations. Mr. Irwin rernindM Council of what had happened with the cardboard recycling location. He said now that the general cleanup day has been removed, Goodwill has become an odb...-tive nuisance, and people are dumping what they previously got rid of at the cleanup day, usually at night when the centers aren't attended. Mr. Irwin showed a video he bad taken at a collection station which showed the number of people dropping off items. The video also included pictures of items that bad been left at the station at night Mr. Irwin said there is a Salvation Army trailer within a mile of the proposed site, and a Goodwill trailer at Lucky on DeAnza BouJevard. He said we don't need another one. Mr. Irwin showed a transparency comparing the size of the trailer to allowed sign sizes. He said he had talked to a real estate appraiser who bad indicated that the trailer would be taken into account during an appraisal and would not affect the appraised value favorably. Mr. Irwin stated that one of the reasons that the Planning Commission approved the trailer was that they were told there were only 3 clïop-offs a day. He said that is a myth. The neighbors have tried to have the comer improved. . Deanne VassHiadis. 10128 Camino Vista, appellant, read a letter from JoAnn Finch, 10121 Camino Vista, into the record. Ms. Finch was against the trailer being placed at the proposed site. Ms. Vassiliadis said she and her neighbor live with noise and dust now. She said the Planning Commission had suggested that given the unsightliness of the comer now, this truck would be a pleasant change. She said that putting a big trailer there would not improve anything but only increase the noise. She said the comer is already busy, with Pennanente trucks, pedestrians, bikes and cars. This will just add to an already dangerous situation. Stuart Yusem, 10112 Camino Vista Drive, said he concurred with the two appellants. The trailer would be a detriment to the neighborhood. It is inappropriate to a residential neighborhood, and thcre are enough collection stations in the area. Trucks park there with their motors running now. The added trailer and traffic will detract from the value of the neighboring property. Jeannette Yusem, 10112 Camino Vista Drive, said they live behind the store. There are trucks there day and night. She described the dust and fumes. Ms. Yusem said other sites should be considered. Bateh Brothers is not cooperating with the neighbors. Before the posts were installed in the parking lot, trucks would park near the fence. She said that attendants are not on the site 24 hours a day. Ms. Yusem asked for Council's understanding and assistance and asked if they would want the trailer parked a few feet from their homes. . Mayor Koppel asked the Goodwill representatives if they had looked at Target or the old Post Office site as possible locations since they aren't in residential areas. July / B, /994 Cupertino City COWICiI Page 12 · Mr. Sasson said they had done analyses and demographic studies on other sites. Either they didn't meet City requirements or the hosts wouldn't let them in. He said if they were to be shut out of every location they wouldn't be able to stay in business. Mr. Sasson said they have centers in ten locations like this one in the County. Attendants do surveillance and security people check at night and pick up items that are dropped off. MelÍS!Ja Yusem, 10112 Camino Vista Drive, said she doesn't like the dust she can smell when vehicles park near the fence. She said the smell goes into her room. She said she didn't think the Goodwill trailer was a good idea. There will be more dust and she and her friends won't be able to play outside. It WIß moved by Counc. Sorensen. seconded by Counc. Dean, and carried unanimously to grant the appeal and not allow the Goodwill mobile recycling facility on the site. 15. Hearing to order vacation of public utility easemenL Resolution No. 9142: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Public Utility Easement Located Within Tract No. 7277, Lots 5 and 6, Tula Lane, Pursuant to Section 50430 of the Government Code of the State ofCaIifomia." · The Public Works Director reviewed the staff report and Mayor Koppel opened the public hearing. No public testimony was received and the public hearing was closed. It was moved by Counc. Dean, seconded by Counc. Sorensen, and carried unanimously to adopt Resoh:tion No. 9142 vacating the public utility easement within Tract No. 7277, Lots 5 and 6, Tula Lane. ló. Application 81,157, City of Cupertino. First reading of Ordinance No. 1664: "An Ordinance of the City Council of the City of Cupertino Amending its Ordinance Code to Add Title 20 Regarding the Enactment and Amendment of General and Specific Plans." Located Citywide. The Planning Commission recommends granting of a Negative Declaration. Recommended for approval. The Community Development Director reviewed the staff report and indicated ~·ome corrections to the ordinance. Mayor Koppel opened the public hearing. No one wished to speak and the public hearing was closed. It was moved by Counc. Bautista, seconded by Dean, and carried unanimously to grant a negative declaration. · It was moved by Counc. Bautista, seconded by Dean, and carried unanimously to approve Application 81,157 based upon the findings in Planning Commission Resolution No. 4545. The Deputy City Clerk read the ordinance title. . . . . . July \S, \994 cupertino City Council Page 13 It was moved by Counc. Sorensen, seconded by Counc. Bautista, and pnssed unanimously that Ordinance No. 1664 be read by title only, and the Clerk's reading to constitute the first reading thereof PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 17. Authorization to participate in and allocation ofSS,OOO to the Cupertino /Fremont Healthy Start Collaborative. The Collaborative consists of agencies and family service prr.viders who focus on improving community services for children and families. The City Manager reviewed the report. It was moved by Counc. Sorensen, seconded by Counc. Dean, and carried unanimously to approve an appropriation of $5,000.00 from Lite Genera1 Fund for the Cupertino Union School DistrictlFremont Union High School District Healthy Start Collaborative 18. Progress report on fund raising efforts by the Cupertino Library Commission. Charles Liggett, Library Commission Chainnan, Pre$eDted the report, and Ed Jajko Pre$eDted a report on the Library Foundation. Barbara Rogers thanked the Mayor and Council for their efforts for the library. City Manager Brown said he appreciated the group's efforts and said this was a good sign that libraries have a special place in the community. He reminded everyone of the vote coming up in November and said other activities promoting the library will be taking place. 19. First reading of Ordinance No. 1665: "An Ordinance of the City Council of the City of Cupertino Repealing and Reenacting Chapter 10.68 of the Cupertino Municipal Code Relating to Juvenile Curfew Regu1ations.~ City Attorney Kilian stated that the laws have changed since our curfew ordinance was enacted. He explained that the time is the same but this ordinance adds more liabilities for parents and also more exemptions for the minors. The Deputy City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously that Ordinance No. 1665 be read by title only, and the Clerk's reading to constitute the first reading thereof . . þ . , JuJy 18, J 994 Cupertino City Council Page J 4 WRflnENCOMM~CATIONS ORDINANCES 20. Second 'PMing and enactment of Ordinance No. 1660: "An Ordinance of the City Council of the City of Cupertino Amending Chapter :2 .16 of the Cupertino Municipal Code, City Council-Salaries. n The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously to read Ordinance No. 1660 by title only and the City Clerk's reading to constiMe the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed 4-1, Counc. Bautista dissenting, that Ordinance No. 1660 be enacted. 21. Second reading and enactment of Ordinance No. 1661 : "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.25 of the Cupertino Municipal Code to Clarify that Regulations on Smoking in Private Places May be More Restrictive Than Chapter 10.25.n The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Dean, and passed unanimously to read Ordinance No. 1661 by title only and the City Clerk's f1"."liing to constitute the second reading thereof. It was movc:d by Counc. Sorensen, seconded by Coune. Dean, and passed nnanimQusly that Ordinance No. 1661 be enacted. RESOLUTIONS - None. STAFF REPORTS - None. COUNCIL REPORTS Counc. Dean said the Emergency Services group bad met and their goals is to work with the cities and the county towmd a plan for more effective emergency services coordination. Counc. Sorensen said AD 13, smoking, is on the Governor's desk and asked staff to send 8 letter to him urging him to sign the bill. Mr. Viskovich said he would find out why the Traffic Authority is working on Highway 85 at night. ADJOURNMENT At 10:34 p.m., the meeting was adjourned to 8:00 a.m., Thlll'SdJiy, July 21, for a field trip to the Andersen house. . t . . JuJy II, 1994 Cupettiw City Council "'5 £4 -1d+ , Roberta Wolfe Deputy City Clerk .