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CC 07-19-82 . . . .', ~ CITY or CUPERTIN(i,STATE or CALIFORNIA lOJOO Torre Avenue, Cupertino, CA 95014 Telephone: (408) 2n-4505 KlRUT!S OF 'tIlE REGU1.AR KDTING or THE CITY COU!ICIL HELD OR JULY 19, 1982 IN TIlE COURCIL CBAKBER, CITY HALL CUPERTINO, CALII'ORl'IIA Mayor Gatto called the meeting to order in the Council Cha.ber, City Hall, at 6:45 p... SAI.IJTE TO THE FLAG ROLL CALL Counc. Present: Johnson, Plungy, Rogers, Sparks, Mayor Gatto Stat ~ Present: City Manager Quinlan City Clerk Cornelius Director of Planning and Development Sisk Director of Parks and Recreation Dowling (left at 7:45 p.m.) Assistant City Engineer Whitten City Attorney Kilian STAFF REPORTS 1. Oral reports by staff members and s~isaion of written reports. City Manager's Report Report on Stelling & Prospect Intersection - By consecsus, Council directed staff to try additional signing and/or an sdditional SherifÏ's car for the corner of Stelling and Prospect to help mitigate current traffic problems. Application for Alcoholic Beverage License - By consensus, Council directed the City Manager to contact the high school and junior high scho~l in the vicinity of the 7-ll on Bubb Road regarding the chgnge of ownership for the ABC license. If either school has any objec- tions, the City Manager was directed to write the ABC requesting a public hearing. If there are no objections from the schools, no protest will be filed. AS 2783 and SB 667 - Council requested more information regarding AB 2783 and SB 667 pertaining to the Rumsford v. City of Berkeley decision (traffic diverters). City Clerk's Repor~ - It u~~ moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to waive business license fees for the Chamber of Commerce Wine Festival July 3l and August I and for the California Public Interest Research Group for 1982. Council accepted the staff report, Alternative Analysis - Route 85 CC-S78 Pale 1 Traffic at Stelling and Prospect 7-11 ABC application Traffic diverter 'egislation Business license fees waived Route 85 CC-578 .r~rounding funds Signs for wi:1e fest ivaI Highway 85 . Appointments Items removed from Calendar; balance approved . '~.'.,V··:. MINUTES OF THE JULY 19, 1982 CITY C'JUNCIL MEETING By consensus, the Director of Public Works was directed to send a letter to the Public Utilities Commission supporting the continuatioc of PG&E 20A funds for under~rounding. 2. Report regarding parking signs for the Chamber of C~rce Wine Festival. It was mov..,: by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve the Chamber' a use of right of way for traffic ~irection signs for their annual wine festival but to deny use of medians for signing. The Chamber was directed to work with staff (traffic engiceer) regarding safety design and size. There is to be a maximum of ten signs that are to be directional for the purrose of moving traffic and are to be removed immediately after the even t . COUNCIL REPORTS Counc. Rogers - It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to authorize the City Manager to send a letter to the CTC regarding three points in regard to the alternative analysis for Highway 85: l.Restore fund" for right of way; 2. Locals will ~tch state funds; and 3. Local and state will return in four months with proposals regarding money, tt.8table and governance. The letter is to be sent prior to the August 5 meeting. Council directed that the wording in the letter be firm. Council app~inted Mayor Gatto to the City Selection C'~ittee, Icterg~ve~nmental Council and Inter City Council. cœSENT CAlENDAR Counc. Plungy removed items II and l5; Counc. Rogers removed item 20. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanimously to approve the balance of the Consent Calendar. 8. Resolution No. 59l2: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funrls as Hereinafter Descr.~ed for General and Miscellaneous Expenditures for the Period E:1ding July 9, 1982." I 9. I ¡ . lO. . Resolution No. 5909: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and ¡rom Lhe Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending June 29, 1982." Reso:ucion No. 5917: .~ Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement between the City and Janice L. Brokaw in Conjunction with the Widening of Stevens Creek Boulevard at Carmen Road," 1 . Removed · · · MINUTES or THE JULY 19, 1982 CITY COUNCIL MEETING l2. Resolution Po. 5918: "A ResolutiOl of the City Council of the City of Cupertino Approving the Parcel Map of Property Located .1long lIIIperial Avenue; Developer, CATV Facility CD1IPany; and Authorizing the City Enr.ineer to Sign the Parcel Map." 13. Resolution No. 5914: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. lO for Traffic Signa! Interconnect System, Project 78-l2." l4. Res~lution No. 5919: "A Resolution of the City Council of the City of Cupertino Setting Tillie and Place of Hearing for Considera- tion of Report and Assessment List of Abatement of Weeds Declared to be a Public Nuioance. 15. Removed. l6. Resolution No. 5920: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No.5 for Stevens Creek at Rsilr:Jad Widening, Project 80-42." 17. Acceptance of City project performed under contract: Mann Drive Widening, Project 82-21. l8. Requedt for waiver of business li~ense fee from Troop 407 Boy Scouts of America for flea market to be held on August 21, 1982. 19. Minutes of the Special Meeting of July 1, 1982. (CC-576) 20. Removed. Vote Members of th~ City Council AYES: Johnson, Plungy, Rogers, Sparks, GattG ~OES: None ABSENT: None ABSTAiN: None PLANNING APPLICATIONS 25. Application 8-U-82 of James H. Asher: Us~ Permit to operate a take-out doughnut shop within an existing commercial building and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject property is located on the sout~~ast corner of StP,ens Creek Boulevard and Imperial Avenue (IOOIO Imperial Av~.ue) within the Monta Vist~ neighborhood commercial area. Ine property is zoned P (Planned Development with commercial, industrial, and/or residential intent). Recommended for approval. This item was removpd from the calendar. CC-578 Page 3 8-U-82 removed .: KXUP rent l..,creaCJe con- tinued . . ;','të~"~}'.'" MINUTES or THE JULY 19, 1982 cm COUNCIL KEE'lING NEW BUSINESS 35. Request trOll nup for r.con~iderat1.m of recent rent increase. It vas lIOVed by Counc. JohnsOll, seconded by Counc. Rogers and passed unani~uøly to continue this item to the meeting of Auaust l6, 1982. During the month period the rent will not b. increased. ORAL COIIIIJRICATIONS LJ. . None PUBLIC HEARINGS 22. Consideration of closure of Oran~ Avenue between Granada and Hermosa. Assistant City Engineer Whitten reviewed the staff reports with Council. ,.- Core Wbi~1I8n, 21842 Granada, inquired as to property lines and creet paving in the area. She stated she vas not opposed to the closure but would like street improvements. The City Ksnager informed her that it would be necessary to have a survey to determine property lines. Jim Levante, lOO95 Orange Avenue, asked what the term "vacate" meant. Hr. Whitten informed him that the street reverts to the a1jacent property owners and no improvements are usually required. Mr. Levan~e stated chat he would go along wi~h ~he closing of Orange I Avenue. Alyene DaggeLt, 2lq2l Hermosa Avenue, stated that Orange was a very narrow street with a lot of traffir aLd a lot of utility poles. Also, part of the area is unincorporated, She spoke in support of the closure of Oranage Avenue. Harv Minaker, 21876 Stevens Creek Boulevard, asked what the City J was planning to do with Granada Avenue. She urged C~uncil not to { close Byrne if they were not going to widen Granada. , ¡ . I J Patrick Blair, l035~ San Fernando Avenue, unincorporated area, asked if a traffic study had been done and if the County information was included in any study. If a study had been done, ~as it available to the public? Mr. Whitten stated that the County Board of Super- visors had approved the Conceptual Plan in 1977 and that the City of Cupertino staff is currently wOLking with County staff. He stated that the study was done with the General Plan in 1977 and wns available to anyone wis~ing to read it. · · · MINI1l'ES OF THE JULY 19, 1982 CITY COUNCIL MEETING CC-578 'age 5 Carter Lake, lOlOl Orange Avenue, 8"oke in support of the closure. He felt this would increase safety and traffic control as well as pr~t coaauters to use major arterials. He was in support ~f the proposed plan. Leslyn Hayes, l0121 Pasadena, aSked if the impact on Pasadena had been considered. She spoke against cJosure because of concern re- garding the effect ml Pasadena. Lance Brown, 1026l Orange Avenue, expressed the opinion that the closure would not discourage commuters. He suggested that all block~des be eliminated to thin out traffic. He was against closure of Orange Avenue. Ruth Koster, 10120 Pasadena Avenue, spoke against the closure. She expressed concern regarding &ccess to emP.rgency vehicles snd asked if signing and better traffic enforcement might prove a better alter- native. A resident lit 10367 San Fernando suggested maki'lZ Orange a mle way street and expressed opposit!on to the street's closure. Dave Mcleroy, l0295 Byrne Avenue, suggested that a sign be po~ted at the Blackberry exit which would say, "Drive Slowly, Children at Play". He was in favor of closure of Orange Avenue. Jody Kitchens, 2l80l San Fernindo Avenue, stated that rne matter of the closure of Orange Avenue had been forced by the closure of Byrne Avenue. He suggested that Council reopen Byrne so there would be less of a problem in the area. He spoke against the closure of Orange Avenue. Pam Levens, l035l Orange Avenue, statp.d that tratfic had always been a problem even when Byrne was ope~. She expressed support for the closure of Orange. She info~~d Council that sh~ also spoke for two other homeowners. Wes Williams, 10067 Byroe Avenue, also expressed support for the closure of Orange AV~lue. He stated that he had b¿en working with the City since 1975-76 ~egatding Monta Vista traffic and street plans. He urged i~lementat'on of the plans, Linda Ansell, l0284 Orange Avenue, spoke in favor of the proposed closure and presented a petition with nine signatures. John 1m, ink , lOl55 Ora~ge Avenue, also spoke in support of the propuse~ clos~re. Other citizens expressing suPPOtt for the closu-e of Orange Avenue were Jeanne Levante, 10095 Orange Avenue; Rochelle Wossner, 10310 Orange Aven'le; Rick Repet t i, 10206 Orange Avenue; Steven Coffey, I0300 Orange Avenue. .72 Public hearing closed Closure of Orange Avenue approved . 26-TM-79 (Rev. ) approved . , ftJ.a·suS or 1'HE J1]LY 19, 1982 cm COUNCIL MEETING Hr. Alf Modlne, 10385 Prune Tree Lane, stated that as .ere stresU cIo_, Highway 85 becomes more important. Peasy Plato, 21975 San Fernando Avenue, a member of the faaily CJWIl1aa Blackberry ram, stated that she was aware of the proposed pba but had been told by the City that it would not be goml into effect at this time so directional maps to Blackberry rara had "- printed. Rowever, with the change of street plan, cU8t~rs had been notifi~d. It was ..ved by Counc. Sparks, seconded by Counc. Plungy and passed unanJaously to cloae the public he~ring. It was .eved by Counc. Sparks, seconded by Counc. Plungy and passed unant.ously to approve the closure of Orange Avenua and to authorize fW1dmg of $35,000. The appropriation will be made frolll BCD funds if they can be used. If not, the funds will come fr~ the City's General rund. A resolution ordering vacation of said street will be presented to C~uncil at their next meeting. Staff was directed to ~t with the committee in the area regarding certain traffic aatters such as bus service. At their 1IIeeting of August 16, ~ounci1 wtll be infolmed of the approximate date of the closure. RECESS: 8 :SO-9:00 p.m. PIAIIIIUG APPLICATIONS 23. Applir~tion 26-TM-79 (Revised) of Regnart Creek Estates (W&rren Whaley): Amendment of Tentative Hap to ell.tnate a condition which requires the applicant to obtain a 20 ft. access easement over State L i~;.t of way benefiting tile property OYner to the vest of the subject property an~ Environmental Kevipw: The project W&S previously assessed, hence, no actimt is required. The subject property is located on the north side of Orogrande Place approximately 230 ft, west of Stelling acad. Recommended for approval. Director of Planning and Development Sisk reviewed the applica- tion with the Council. I I I I I . I ! It vas moverl by Counc. Sparks. seconded by Counc. Plungy and passed unanimously to approve App._ ~tion 26-TH-7? (Revised) of Regnart Creek Estates (Warren Whaley) per Planning Commissiun Resolution No. 2318. 24. Application 6-U-82 of Berg & Berg Industrial Developers: Use Permit to construct two office buildings totaling approxi- mately 92,500 sq. ft. and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. The subject prooerty is located on the west side of Saratoga- Sun~yvale Road approximately 300 ft. north of Prospect Road in a P (Planted Development with commercial, office and/or residential) intent zoning district. Recommended for denial. · · · MINUTES OF TIlE JULY 19, 1982 cm COUNCIL MEETING Director of Planning and Develop.ent Sisk reviewed the application with Councll. Carl Berg, Miller Avenue, stated that he was willing to change sidewalks to conform with the approved conceptual plan. He felt the City's preference regarding driveway cuts was not practical because of paver poles and buildings in the area. He stated that plantings would b.. modified in a reasonable "",nner. He felt that his proposed development does meet requirements. Re stated that the neighbors in the area had been sent copies of the proposed plan and had stated no objections. Marvin Kirkeby, an owner of property northwest of the site of the arpl, ication stated the only problem to him would be access. He also felt that the row of tall trees ss proposed gave a tunnel effect and suggested that they be placed along the back property line 6S a buffer to the people residing in back of the proposed development. It was moved by Counc. Rogers, So!conded by r.ounc. Plungy and passed unanimously to uphold the Planning Commission recommendation for denial per Planning Commissio~ Resolution No. 232l. 26. Application 3-U-77 (Revised) of AAA Ambulance Company: Modificati of an existing use permit to allow an ambulance company within an existing commercial/office center and Envirnnmental Review: The Planning Commission recommends the granting of a Negative Decl.ration. The subject property is located on the northwest corner of Stevens Creek Boulevard and Blaney Avenue in a P (Planne ,Development with commercial intent) zoning district. Recommended f or approval. Director of Planning and Development Sisk reviewed the application with Counc il. Richard Arbuckle, AAA Ambulance and resident of Lamar Drive, wa~ available for any questions by Council. Alf Modine, 10385 Prune Tree Lane, stated that he lives approximately two blocks from the site and was concerned regarding siren noise. He was informed r~garding the use permit condition relating to sirens. James Cox, lOl39 N. Blaney, stated t:'at he has submit~ed a petitio:l to the Planning Commission objecting to the granting of this use permit. He said that h~ had gone to Judy Avenue, present location of the service, and visited friends. These friends have informed him that the ambulances do go fast. He asked why the Planning Commission honored a petition in favor of granting the use permit when it had only twelve signatures when the opposing petition contained 44 signatures. He said that the area of Stevens Creek Boulevard and Blanef Avenue had become a center of 24-hour operations and was opposed to this appl ication. CC-578 Paae 7 6-U-82 denied .7: . . MINUTES or THE JULY 19, 1982 CITY COUNCIL MEETING Tom Reee. 6766 Hanover Drive, San Jose, representing Coldwell Banker asked for a clarification regarding the sidewalk and landscaping standard condition. He was requesting a waiver of that condition as it was a relatively new center and was well maintained. Hr. Bill Trudeau, 10200 N. Blaney, was also oppose~ to the application. He expres88d the opinion that the corner of Blaney and Stevens Creek Boulevard vas one of the blights of the community. Re felt that a becter location for the ambulance service would be the intersection of Stevens Creek Boulevard and De Anza Boulevard, He stated that noise and the dirt along Blaney was a problem. Murray 'pecter, lOl69 N. Blaney, was also opposed to the granting of the use per.it. He said the ap~licant's vehicles do carry emergency lights and sirens and that the sirens would be used to stop traffic and get on Stevens Creek Boulevard. Joy Danzig, 19934 Wheaton Drive, expressed complaints from the Kedévac facility and from the fire station. area is polluted with garbage and noise. about sirens She said the Marilyn Chaplin, 10387 Los Ondas, expressed concern regarding the children that will be going to Portal and Hyde scho~ls. She did not want them to bave to contend with more traffic than already exists. Jean Gallup, 10356 Plum Tree Lane, said that there were already many accidents at the intersection of ~tevens Creek and Blaney. She felt there would be no room to get out of the way of emergency vehicles. Council was asked by Hr. Modine to consider the possibility that the County did away with the Medevac service. I Mr. Trudeau stated that the ambular.ce service would be just one I more irritant in the area and did not think that a line of park¿d ambulances would add to the neighborhood. , I , I I I Mr. Cox and Mr. Trudeau expressed the opinion that the landscaping condition was not important in comparison to the basic issue of granting of the use permit. Mrs. Eckel asked if Council had considered the school site and the children in relationship to the increased traff~=. Mr. not the Cox stated that he want the ambulance ~!,Dlication. had talked with the neighbors and they do company in the neighborhood. They are against Jerry Danzig, Wheaton Drive, also spoke in opposition to the application, He stated that the building was on Blaney and not on Stevens Creek. He said th3t there is already Medevac in the roæa as well as the fire station and usually a police car at the fire station. A¡l of these use sirens. He stated that he is frequently awakened during the night by siren~. . . . MINtlns OF THE JULY 19, 1982 CITY COUNCIL MEETING It was moved by Counc. Spark/!, seconded by Counc. Plungy and passed unanimously to grant a Negative Declaration for Application 3-U-77 (Revised) . It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with Councilmembers Johnson and Rogers dissenting to approve Applica- tion 3-U-77 (Revised) per Planning Commission Resolution No. 2326 with the addition of Conditions 20, 21 and 22 as follow: 20. At the end of the twelve-month period the applicant will come back to the City Council for a review of the use permit. 21. Parking of the ambulances shall be behind the building. 22. Normal exiting of the ambulances shall be south on Blaney or west on Stevens Creek Boulevard. 27. Application 2-V-82 of Mark Fantozzi: Variance from Section 8.5.1 of the R1 (Residential Single-family) Zoning Ordinance to permit a height of 17 ft. 6 inches on a detached garage in lieu of the maximum l5 ft. height permitted by ordinance and Environmental Review: The project is categorically exempt, hence, no acti~n is required. The subject property is located on the west side of Linda Vista Drive approximately 650 ft. south of Hyannisport Drive between Evulich Court and Baxley Court at l09l5 Linda Vista Drive in a Rl-7.5 (Residential Single-family, 7,500 sq. ft. minimum lot size) zoning district. Recommended for denj~l. (a) Resolution No. 5921: "A Resolution of the City Council of the City of Cupertino Granting a Variance to Mark Fantozzi from Section 8.5.1 of the Rl (Residential Single-family) Zoning Crdinance to Permit a Height of l7 Ft. 6 Inches on a Detached Garage in Lieu of the Maximum l5 Ft, Height Permitted by ~rdinance; Located on the West Side of Linda Vist? Drive Approximately 650 Ft. South of Hyannisport Drive between Evulich Court and Baxley ~ourt at l09l5 Linda Vista Drive in a RI-7.5 Zoning District." Director of Planning and Development Sisk reviewad the application with Council and showed slides of the house and garage of the applicant It was moved by Counc. Rogers, seconded by Counc. Plungy and passed with Counc. Johnson dissenting tc approve the granting of the variance and to adopt Resolution No. 5921 with the following conjitions and findings: COIiDITIONS: 1-l4. Standard Conditions to the extent that they do not conflict with the special conditions enumerated herein. In the ev~nt a conflict does exist, the spe~ial conditions enumerated herein shall apply. CC-578 Page 9 Negative Dec. for 3-U-77 (Revised) 3-U-77 (Rev.) approved 2-V-82 approverl and Res. 5921 adopted ~78 .10 . Res. No. 5913 adopted HC-5l,402.2 approved Minutes of J'\¡ ¡¡..6 a."ed ". ~. MINUTES or 1'HE JULY 19, 1982 cm COVNCIL KEE'lINC l5. The ap~roval is based upon Exhibit A of Applicstion Z-V-82 as may ',e .-ended by additional conditions contained herein. rINDINGS: l. That there are exceptional characteristics in the nature of the property due to the architectural characteristics of the existing residential structure and that complementary archi- tectural t~eat88Dt to the detached accessory building is desirable and that the literal interpretation of this section of the ordinance will result in practical difficulties. 2. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner. 3. The variance will not materially affect adversely the health or safety of persons r~siding or working in the neighborhood and will not be materially detrimental to public welfare or injurious to property or improvements in said neighborhood. ARCRITEGTURAL AND SITE APPROVAL Cœ!MITTEE APPLICATIONS 28. None ITEMS REMOVED FROM CONSENT CALENDAR 11. Resolution No. 5913: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agrepment between the City of San Jose and the City of Cupertino for Sharing of Costs for Modification of Traffic Signals at De Anza Boulevar:l and Bollinger Road." It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimously to adopted Resolution No. 59l3. l5. Application HC-5l,402.2 - Creat Western Savings and Loan Association (Terranomics) reqJes..ing approval of 3 sign exception to permit three building mounted signs in lieu of the two signs permitted by ordinance. The subject property is loceted on the southeast corner of Stevens Creek Boulevard and POl tal Avenue. Recommended for approval. ~ ~ It was moved by Counc. Rogers, seconded by Counc. Plungy and ; passed unanimously to approve Applicat ion HC-51,402. 2 per Archi- I "0"0'"' "0' ",. """"' ,...",.. ""'0"" '0. "',. " I ~ 20. Minutes of the Regular Meeting of July 6, 1982. (CC-577) It was moved by Counc. Rogers, seconded by Counc. Plun~y and passed unanimously to approve the minutes of the regul.r City Cr,unciI meeting of July 6, 1982 as submitted. · · · MINUTES OF THE JULY 19, 1982 CITY COIJRCIL MEETING (City Clerk's Note: Counc. Plungy left Chamber at 10:30 p...) UNfINISHED BUSINESS 30. Request fro. Houlihan's Old Place Restaurant for clarification of Condition Ro. 19 of their Use Permit (security). A representative froa Roulihan's addressed Coudcil regarding security guards required for either inside Houlihans' or the surrounding parking lot. The Council stated that the use of security guards would be at the staff discretion. The City Manager vill contact the Sheriff's Depart- ment to determine if there is a need for securi~y in the par~ing lot at this time and will notify Roulihan's. 31. Review of Landscape Plan - Lincoln Property Cmnpany, Inc. Application 7-U-8l. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed with Counc. Plun~ absent to approve the landscaping and sidewalk plan for Application 7-U-8l of Lincoln Property Cmnpany, Inc. per Planning Commission Resolution No. 2319. (City Clerk's Note: Counc. Plungy returned to Chamber at lO:45 p.m.) 32. Update on contract with Santa Clara County Sheriff's Department. This item was continued to 6:30 p.m., July 27, 1982. 33. Report on bid opening for Bicycle Detectors, Project 79-l6, and award of contract. It was moved by Counc. Sparks, seconded by Counc. Johnson and passed unanimously to reject bids for Bicycle Detectors Project 82-24 on the basis that the project cost is over the budget and no assurance can be given for additional funding at this time. NEW BUSINESS 34. Request from Lawrence Epstein and Andrew Kasik for the City to do a complete soil study on various properties in the Candy Rock Mountain area. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to con~inue this request to the regular meeting of August 16, 1982 and to refer it to staff and City Attorney. 36. City subventio~~ to the Cupertino Library. It was moved by Counc. . _ ..:<8, seconded by Counc. Rogers and passed unanimously to ap~ropriate $40,000 from the General Fund for the Cupertino Library The Library Commission was directed to review the most cost eff~ctive ways of delivering library services and to report to Council in three months. CC-578 Page 11 Houlihan's security 7-U-81 landscapE' and sidewalk plan appr:>ved Sheriff's Dept. contract Bicycle Detec- tors bids rejected Re."!uest for soil study continued ppropriation for library .78 12 . Resolution. 5915 and :'9l6 adopted Appropriation for electi:on Argument f:r me.re IfIN1JTES OF 1'HE JULY 19, 1982 CITY COUNCIL MEETING 37. Consideration of a special election to place a measure DO the Nov.-ber 2, 1982 ballot and request for appropriations. (a) Reaooution No. 59l5: "A Resolution of the City Council of the City of Cupertino Calling for a Special Election for the Purpose of Placing a Measure before the Qualified Voter.... (b) Resolution No. 5916: "A Resolution of the City Counr.il of the City of Cupertino Requesting the Board of Super- visors of Santa Clara County to Provide for the Consolida- tion of a Special Municipal Election with the State of California Election to be Held November 2, 1982." Linda Smith, COIIDDUnity Housing Developers, informed Council that it is anticipated that project plans would be presented to the Ci~y during the month of August. Bob Childs, 10152 Barbara Avenue, spoke in support of a ballot measure but suggested some change in the wording of the actual measure. Wes Phillips, 20739 Scofield Drive, also stated support for the iSllue of bw rent dwelling units being presented to the voters. Ho~ever, he did feel that what was being proposed was not signifirantly different from a prior proposal. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5915 calling for a special election and Re30lution No. 5916 r~questing consolidation with the state, authorizing the City Attorney to prepare an impartial analysis and placing the following measure on the ballot: "Do the qualified elector.. of the City of Cupertino authorize the City Council to approve the development and construction or acquisition by a non-profit sponsor of 6 maxi~~m of 27 low rent dwelling units located on Bianchi Way approximately 150 ft. south of Stevens Creek Boulevard and 280 ft, east of Stelling Road to provide living accommodations for physically disabled persons? I Funding for the units may be provided from State or Federal sources. City or County General Funds will not be used to provide funding. Sponsor3 of this project must obtain all applicable land use approvals from the City Planning Commission and City Council as required by law." I, $7,500 was appropriated from the General Fund for Activity No. · 110-0338, Elections. , · · The Community Housing Developers of a submitted argument in favor a new ~rgument in support of the meetin~ ~f July 27, 1982. withdr~ their request for support of the measure. CHD will present measure to Council prior to their · · · MINUTES or 1'HE JULY 19, 1982 CITY COUNCIL MEETING 38. Claim for damages filed by Douglas C8IIIpion on behalf of Barbara McGuigan. It was moved by Counc. Plungy, seconded by COUDC. Rogeu and passed unant.ously to reject the clat. filed by Barbara McCuigan. The City Clerk shall notify the claimant of said reJectiop. 30. Clat. for damges filed by Jo:>hn 1.""6' It was moved by Counc. Sparks, seconded by Coone. Plungy and passed unanimously to reject the clat. filed by John Long as it was not filed within the lOO day It.it. The City Clerk shall send a Notice of Insufficiency of Clat. and shall also send a copy of the claim to the Santa Clara County Sheriff's Department for their information. 40. Request from Valerie McElroy for clarification of Application 3-U-82 Condition No. 25 pertaining to movement of existing wall to southerly property line. Mr. McElroy addressed Council stating that his wife had reviewed the tapes of the previous meeting, but they were still unclecr as to the timing involved with compl!ance of the conditions. Council inf..rmed Hr. McElroy that orior to commencement of sale of beer and wir.e it would be necessary for ht. tu fulfill the conditions of the use permit. The City will coordinate this uith the ABC. 4l. Update on approved closure of Carmen Road. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to schedule a public hearing regarding the closure of Carmen Road for the meeting of September 7, 1982. WRITTEN COKKIDIICATIONS 42. None ORDINANCES 43. Second reading of Ordinance No. 1182: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Rezoning Approximately .15 of a Gross Acre from City of San Jose RI Zone to City of Cupertino Rl-6 Zone; Located at 6716 Clifford Drive between Bette Avenue and Betline Avenue." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unan~~c~ly to næd Ordinance No. ll82 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 1l82. CC-578 Page l3 McGuigan claim rejected Long claim rej..cted 3-U-82 conditions Public hearing re Carmen Road closure Second reading of Ord. 1182 Ord. 1182 enacted ·78 l4 Secor.d reading of Ord. 1183 Ord. 1183 enacted Second reading of Ord. 1184 oA 1184 ~_ed Second read ing of Ord. 1185 Ord. 1185 enacted Second read ing of Ord. 1186 Ord. 1186 enacted . MINUTES OF THE JULY 19, 1982 CITY COUNCIL MEETING 44. Second reading of Ordinance No. 1183: "An Ordinance of the City of CUflertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately .6 of a Gress Acre from CG Zone to P Zone; Located on the North Side of Stevens Creek Boulevard Approximately 400 rt. East of De Anza Boulevard. It was moved by Counc. Plungy, ceconded by Counc. Rogers and passed unanimously to read Ordinance No. l183 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 1183. 45. Second reading of Ordinance No. ll84: "An Ordinance of the City of Cupertiroo Amending Section 1 of Ordinance No. 2 by Rezoning Approxtmately .15 of a Gross Acre from City of San Jose Rl-B6 Zo~e to City of Cupertino Rl-6 Zone; Located at 7582 Normandy Way between Rose Carden Lane and Aster Lane. tt It was moved by Counc. Plungy, seconded by Counc. Rogero and passed unanimously to read Ordinance No. 1184 by title orly and the City Clerk's reading to constitute the second readln¡ thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers a"d passed unanimously to enact Ordinance No. ll84. 46. Second reading of Crdinance No. 1185: "An Ordinance of th" City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately .2 Gross Acre from Al-43 Zone to Rl-7.5 Zone; Located on the East Side of Larry Way Approximately 80 Ft. South of Lucille Avenue." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. l185 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by Counc. Rogers and passed t unanimously to enact Ordinance No. 1185. I , i ¡ 47. Second reading of Ordinance No. 1186: "An Ordinance of the City of Cupertino Amending Title 15 of the Municipal Code." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No, 1186 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Plungy, seconded by COUIIC. Rogers and 1 passed unanimously to enact Ordinance No. 1186. j · MINUTES OF TIlE JULY 19. 19P.2 CITY COUNCil, MEETING 48. PIrst reading of Ordinance No. 1187: "An Ordinance of the City of Cuputino Ailending Chapter 3.12.1)30, Transient Occupancy Tax, of the Cupertino Muøicipal Code." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1186 by title only and the City Clerk's reading to constitute the first readin~ thereof. RESC'.UTIONS 49. None NON-AGENDA BUSINESS 50 . None At 11:30 p...., the meeting was adjourned to 6:30 p..., Tuesday, July 27. 1982. rn<2 -";.¿rj. ~- · · CC-578 Page l5 rirst read ing of Ord. 1186