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CC 03-19-84 ! þ . þ þ CITY OF CUPERTINO, STATE aY CALIFOIIU 10300 Torre Avenue. Cupertino. CA 95014 Telephone: (1108) 252-'1505 CC-639 MINUTES Œ' THE REGULAR CITY COUNCIL MEETING HELD ON MARCH 19. 19~ II THE COUNCIL CHAMBEI, CITY HALL. CUPERTINO, Cl.UFORNIA I'o8yor Pluns, oo1led the ...u. to order in the Council Chuber, City Hall. at 6.50 p... SALUTE TO THE FLAG ROLL CALL Couno. Pruent: Getto. Rosers. 1'08701' Pluns, Counc. Absent: Johnson. Sp..ks Start Present: City Hanaler Quinlan City Clerk Cornelius Diractor ot PllbUo Works Vlskov1oh Diractor ot Pl_ll11 and DneloP8ent Slsk Director ot PIIrks and Reoreation DoIIUnl (lett at 7.115 p.II.) Assistant to the City Hanaler Clett at 10.00 P...) City Attorney Kilian (7:00 p...) STAFF REPORTS 1. Oral reports by start ..bers and IUbllission or written reports. City Kanager's Report Policy resardinl transportation tunellnl - It was mOV'ed by Counc. Gatto, _oDd': by Counc. Rosers and pasHd unanimously to oppose the suS8ested polioy ror local participation in tunelins Interchanses anel overcrossings. July 4th Celebration Status Repor~ _ By consensus, Council agreed that June 29 be Cupertino nilht at the Giants' ¡BIlle anel sppolnted Barbara Rogers as the Council representative to the steering c~ittee ror the celebration. Council approved the other suggestions in the memo from the Director of Parks anel Recreation. Refuse Disposal qreement and JPA Dissolution _ Counc. Gatto suggested a closed session at the enel or the meeting as this Is a matter ot possible litigation, School Land Acquisition for Parks - By consensus, Council ~et 7:00 p.m., Karch 27 as date and time for an adjourned regular meeting to discuss this as well as the disposal agreement with Hountaln View. -1- Transportatior ft:nding July 4 plans Refuse diaposé Land acquisi- tion for park, . Legislative Review . Items removed, Consent Ca 1. approved . ImUTES Œ 11\E IUD "h '9" (an COUtltlL "En II(¡ lCC-639) Director or Planninl and DeveloPBent Sisk intor.ed Counoll that in resent to tile oontainer. on Imperial Avenue, the property cvner he. Þeen oited Þy the eo..unity SerYlo.. atticer anel will oont.lnue to be oited until the oontaln..s are removed. Also làlted Cabl. Television has been not1ried t.hat it i. age1nst the oonelitlons ot their usa pe\'IIlt tor parkins of sarvice vehiole. ov..nllht. Diractor ot Publ10 Works Viskovioh lave a status report. rOlantins t.he Ifonts Vista street iBprov_ents 1/1 tile area ot Hlldon !'eat Cont.rol. COUhCIL REPORTS Mayor Plun¡y. Leal.lathe Roviell eo-Ittee - It I18S IIOVed by Counc. Getto. seconded b, Counc. Roler. anel ....ed unaniaously to tau the followlnl actions regardinl pendinl 10l1slation. Support sa 1'103 (Rosent.hal), vidac l'eool"dlnlS ot oity events; support. SB 1811 (Russell). publloatlon of n.es ot preolDOt board .embers; support sa 2250 (Lookyer), identification of Individuals or IroUPS assooiated with poUtloel action and ballot .easure o_lttees; support AS 3358 (Floyd). potent18l propert, tall rerund; oppose AB 2240 (Johnson), vehlole oode; diract CIt, Cl..k to oontaot legislators; direot statr to oontaot school distrlots relantlng sa 1602 CEll is) . rcv1alon ot date tor dlstriot election.. CONSENT CALENDAR Counc. Gatto removed ItOtll 8. Director ot Public Works Vlskovich r_ed It.. 9. It. vas IIOved by tounc. Rosers. seconeled b, Couno. Gatto and passed .msniaously to approve t:Je r..aineler ot the Consent Colonelar. 7. Resolution No. 6299: WA Resolution of the City tounol1 of the City ot Cupertino Approving Parc~ Hap and Improvement Plans or Property Looatod on Alcslde Road at Cordova Road; Deve~oper, Iradj Ardjomand-Kermani; Authorizing Execution of Improvement Agreement; Authorizing Signing or Parcel Hap anel Improvefient Plans," 8. Removed. 9, Removed. 10. Acceptance of City project performed uncler contract: City Hall Basement Hodirications, General Work, Project 79-56, -2- IŒuru.s r::I Tilt MUCI( \9, \9&' crn COUIICIL MEE'rlli (œ.6~9\ ~ Heabers or the City Counoil AYES: Gatto, IIcJgera, Plunl' NOES: None ABSENT: Johnson, Sparks ABSTAIN: None ITEMS REMOVED FROM CONSENT CAL£HDAR 8. Resolution No. 6289: -A !esolution ot the City Counoil or the City ot Cupertino Setting e Publio !learing to Consider the Closure ot tile Median Openllll at Wo:..rer lIcJad between !bmestesd lIoad and Prunerldle Avtlllue.- It was moved by Couno. Gatto. seoonded by Couno. ROCe,. and passed unanimously to adopt Rasolution No. 6289. 9. Resolution No. 6300. -A aesolutlon ot the City Counoil of the City ot Cupertino Aooeptlnl Grllllt ot Ea_eat for Roaclllll' I'I.rpose. rro. CUpertino City l;ent.. Associates D, . Li.ited Partn"ship, East Side ot De Anza Boulevard, Stev_ Creek Boulevsrd to CsU Avenue." It waa movad by Couno. Gatto, seconeled by Couno. 1101". and passed unan1moudy to adopt R.. 'lution No. 6300, Subjeot to the City obtain~nl ailnatur.. c. .;he property ownera. Hayor PlunlY announoed that t~ ..."plicant:s tor 9-U-83 and Colllllunlty Ibusinl Develope'. have requested tr.at Council continue Itellls No. 111 and 23 on the qenela. !t was moved by Counc. IIogers, seconeled by Coune. Gattc. Ao-1 passed unsnimously to continue It.. No. 14 to the Council meeting or April 16 and to continue ItØID 23 to the Council meetinl of April 2. ORAL COMMUNICATIONS 12, Members or the audienoe regarding matters not on the sgenela. James Anderson, 915 Lorne Way, funnyvale, addressed Council regarding Municipal Code Section 10.48.010 pertaining to noise. He stated that Hewlett Packard's use of helioopters rather than cranes for certain construction work was extr~ely noisy and r~quested that it start at 3:00 a.m. rather than 7:00 a.m. -3- I Rea. ho. 6289 adopted Rea. 6300 adopted sub- ject ~o signature Items continued MINUTES Of THE MARCH 19. \9811 crn COUlIClt Mtt'rll1C lte-,,~g) · Director ot Plannlnl end DevelopaOllt S1ak vas requested to contact He"lett Packard anel report back. Counoll 118Y also wish to consider a revision to the ordinance. Hr. Anderson shall be notified vIIen this it. is placed on the asenels. PUBLIC HEARINGS 1J. Consideration ot vacstion ct a portion ot Cordova Road. (a) Resolution No. 6256: -A Resolution ot the City Council .,t the City ot Cupertino <rderinl Vacstion ot a Portion ot Cordova Road between Alcalde Road end Sen Juan Roed, Retalninl it as Public UtiUty Eas.ent, Sanitary Sever Ea_ellt, Land so ape Ea_ant, Pedestrian and 81clOlo Easement as Provided In Section 8320 Et Seq. ot tile 3treeU end HlShvays Code ot the State or Calitornia.- (b) Resolution No. 6252. - A Resolution ot the City Council or the City ot <:up.rtlno Acoeptinl <rant ot Eaa.ent tor Roadway Purpoau trOll Lloyd E. and a.atrice A. AuSlllus Conslstlnl ot Approdlllately 0.011] Ac"es. Located at Cord... Road Ihrth ot San Juan Road.- · Director ot Public Works Viskovloh "evlewed his report with Counoll. Dennis West. 10670 Cordova Road, pr.sented slides ahowlnl the bl1r.d curve on Cordova Road. lie "ead part ot a letter rrOlll residents Uvlnl on the blind curb and submitted that letter ror the record. /Ie atatad tut Cordova is a very narroll roed. Hr. West also submitted photos and a copy or his presentation ror the record. Gary Nylander, rusident on Cordova, requeeted that the road remain closed. Janet Buok, resident or Cordova Road, stated that Council should consider the potential expense it the problem 13 not solved (cost ot litilations). She spoke in support or the closure with a oul-de-sac at the top or the road, Annie Chyu, 10680 Cordova Road, read a letter from Hr. Lloyd Ausmus, 10690 Cordova Road, into the record. She presented the City with the letter rcr the record and r.equested a trarl'1c lilht on Foothill Boulevard for ¡.~cess. She also submitted letters she received from the City's Public \/orks Department dated January 15. 191\2 snd .July 1~, 1983. · -4- MINUTES OF THE MARCH 19. 198' CITY COUNCIL MEETING (CC-63') . Nancy Hertert, San Juan Road, addressed Counoll regerdinl the Intersection ot San Juan and Foothill. She expressed the opinio~ thst the road olosure has worked well anel relt it should be open just tor the road's residents, Barbars West, 10670 Cordova Road. told Counoil that the residents are very flllll11iar with the road and lIbuse the speed ll.it. She telt thst they should balance the convdlllenoe of San Juan residents with the satety ot Cordova Road residents. She intonted Council ttlst the garbage trucks presently back up Cordova Road. It 1188 IIIOved by Counc. ROlers, seconded by Counc. Gatto and passed unanimously to close the public hearinl. It lias IIOved by Counc. Gatt-I, seconded by Couno. Rosrs and passed unanimously to adopt ~esolution No. 6256. It was moved by Couno. Gatto, seconeled by CoUI\I:. ROSOl's and passed unanimously to adopt Resolution No. 6252 snd provide a truck turnsround. It was !!loved by Counc. Gatto, seconded b, Couno. RosOl's and passed unanimously to approve the improv_nts tor San Juan Road and Foothill Bouleverd. It lias moved by Couno. Gatto, seooneled b, Couno. RoIOl'. and passed unsnillOusly tor the City to provide tile funds tor the P!'oposed improvOlllents includinl the turnarounel. It was moved by Couno. Gatto, seoonded by Couno. ROSOl's anel passed unanimously to appropriate $35,000 from the Hinor Road Improvement Funel for those improv.ents. 1~, Interland Development Company (Sever Sprinls Ranch): Use Permit (9-U-83) to construct '13+ residential dllellinl units on approximately 107 acres in a P (Planned Development with residential intent) zoning district. The units shall consist ot detached houses, semi-detached townhouses and attached townhouses. The s¡,bject property is bounded by Rainbow Drive to the north, Stelling Road to the east, Prospect Road to the south ard Fremont Older Open Preserve/Upland Way to the west, Recommended for approval, This item lias continued to the meeting of April 2, 1984. PLANIIING APPLICATIO:¡S 16. Application 36-U-83 of (BAS Homes): Use Permit unit consisting of single-family home and project Is categorically Val ter and Roseann Frederick to add a seconel rp.sidenttal 500 sq. ft, to an exlstlna Environmental Review: The exempt, hence, nc setion Is -5- Public hearing cloeed Ree. 6256 adopted Ree, 6252 adopted San Juan/Foot- hill improve- ..nte Funding for improvements and turnaround Appropriation 9-U-83 continued . . Public hearing closed Appeal denied (Frederick) 36-;]-83 denied . I HINUTES OF THE HARCII 19, 19811 CITY COUNCIL MEETING (CC-639) 16. (continuec) required. The subject property is located on the southeast corner ot Lnaneo Drive and Hiner Plaoe in a P (Planned Developm.,nt with rasidential, sinlla-r..11y intent) zonlnl distrlot. Rec~eneled for denisl. Director ct Planning and Develollent Sisk reviewed the appeal snd application with Council. Herbert Cuevas, an arohiteot representing the applicants, stated that the )roposed second unit will be entirelY within the current root structure and it will not be a seconel story. The unit would be used tor a SOlI or tlíe applicants. Lloyd Ta,lor, 102111 Hiner Place, stated that he wanted the neighborhood to remain as it Is. Fmma Bassett, 10224 Hiner !'lace. told Counc11 that she had giveh a petition objecti~ to the proposed addition to the City Clerk. She al~ aGdresaed Council relardinl the Frederioks' son. Jim Cackley, 10193 e¡¡clYde planned requested thst the clarit1ed. Miner Place, IUgseated that Council develollenta trots aeoond units and ordinanoe allovtns ~ond units be It was lIIOVed by Counc. Gatto and seooneled by Ccunc. Rogers to olose the publio hearing. Hr. Cuevas stated to was to allow single-familY sress. Council t.'st the intent of State law seconel units wherever possible 1~ Council then unanimously closed the public hearing. It was moved by Couno. Gatto, seconeled by Counc. Rogers and passed unanimously to deny the appesl per Plsnnins Commission Resolution No. 2422 with the finding that the orig.nal condition of approval was Imposed after ~uch thought anel deliberation anel that the evidence has not been presented to justify a chsnge, It was moved by Counc, G"tto, seconded by Counc, Rogers and passed unanimously tc <:Ien)' Appl1cstlon 36-U-83 per Planning Commission Resolution No, 2'164, 17. Application 1-U-811 of Sobrato Development Company: Use Permit to construct a th~ee-story building consisting of approximately 26,700 sq. ft. anel Environmental Review: The Planning Commission recommends the grantinl of a Negative Deolaratlon, The subject property is located on the northeast corner of Msrlanl Avenue and North De Anza Boulevard In a P (Planned -6- . MINUTES OF THE HARCH 19, 1984 CITY COUNCIL HEEnNG (CC-639) 17. (continued) Development with leneral CoøIIIercia1, Industrial intent) ~nin& distrlot. spprova1. ornce and Licht Rooommended tor Director of Planning and Development Slsk revieved the application with Council. John Sobrato, Valley Green Drive, addressed Council regarding parking. He stated thst he would U.. M¡ì best ertorts to work out an er....ngement with Four Pha.. relardlnl parkins. In addition, it neoessery, .plo,ees oould park elseWhere and be bused in. There lias discussion regardinl the unelarlllrounel perkinl tacil~ty beinl closed to the public In the eveninl. Suuestions to help resolve any parkins p,obl_s inoluded restriping or the area and encourallng parking in the back or Peppermill ror those usins the oocktail loullle. It lIaB moved by Couno. Gatto, seoonded b, Couno. Roaers 8IId passed unanimouslY to Irant a Negative Declaration tor Applioation 1-U-S_. . It vas IDOVed by Couno. Gatto, seooneled by Couno. Roaers and passed unani-.usly to approve Application 1-U-S_ per Planninl Commission Resoluti9n '~. 2-81. 18. Application 1-TH-84 OF Gordon Decarli: Tentative Hap to subdivide an approved 8.500 sq. ft. oomDeroial/otfice building into ottlce oondon1niua units and Envirolllllental Reviell¡ The project is catesorically exempt, hence, no action is requir~. The subject property Is located on the southeast corner of Stevens Creek Boulevard and Pasadena Av,,"ue in a P (Planned Development with neilhborhood commerolal, light industrial anel residential intent) zoninl district. Reeo_ended for approval, It lias moved by Couno. Gatto, seconeled by Counc. Rogers sn<' passed unanimously tt> approve Applicstion 1-Trl-8q per Plsnning Commission Resolution No. 2Q88. þ 19. Application 16-U-76 (Revised) of Terranomlcs Developmont Corporation: Modification of a previously approved use permit for Orchard Valley Parket Place Shopping Center, The applicant seeks to modiry conditions of approval to permit greater flexibility in the allowed types anel square footales of uses (commercial tenants) within the Center. AdditionallY, the applicant requests approval to add approximately 5,000 sq. ft. of General Commercial space to the Center. Presently, the Orchard Valley Market Place equals approximately 85,000 sq. ft, of gross floor -7- Regative Dec. for l-U-84 l-U-84 approved I-TM-84 approved e· Regative Dec. for 16-U-76 (Revised) 16-U-76 (Rev,) approved as amended . 11-U-82 approved . MINUTES OF THE MARCH 19, 19811 CITY COUNCIL MEETING (CC-639) 19. (continued) area. Environmental Review CoaIltt.ee: Th. Planninl Commission recoaaends the Irantinl ot a ....t.iv. Declaration. The Orchard Valley Harket Place consists ot approxl~ately 9.9 acres located on tho southeast corner or Stevens Creek Boulevard and Port.l Avenue in a P (Planned Developaent) zoning distriot. R~.nded tor approval. Director ot Planninl and Developaent Sisk reviewed the request with Council. Peter !brris ot Terranolllios, Sell Francisco, vas av.Uable to answer any questions ot CouncU. It OI8S moved by Counc. Gatto. HC'onel~ by CoIIIIC. lIoøers and passed unanilllOusly to grant . JIe!~tiYe Declaration ror Application 16-U-76 (Revised). It was IIIOVed by Counc. Gatto, soooneled by Counc. Rogers and passed unanilllouslY to approve Applloation 16-U-16 (Revised) per Planning Coanisslon Resolution No. 21189 anended as f_:~ows: Conelltlon 16.F to reed .'.2- anel Conelitlon 23.3 to recognize the ..xlstirl 9.000 sq. ft. ror the r.staurant facility with sei.rate bar. 20. Application 11-U-82 or eo.unity !buslnl Developers: Amendment or Use PerIIIlt r..ardinl desiln oh~~ges. improvement r.quirements and other miscellaneous ohanges anel EnvirolllOlltal R..iew: The projact was previously assessed, h.noe no action is required. The subject property Is located approxlaately 150 ft. south or Stevens Creek Boulevard and 280 ft. ..~t or Stellinl Road in a P (Planned Developaent with residential 10-20 dwellinl units per Iross acre Intent) ?Þnlnl district. Reco.eneled ror approval. Director of Planning and De'lelopme.lt Sisk and Linda Smith of ColIIDunity !b..sing Developers reviewed the request for the amendment with ~uncll. It was moved by Ccunc, Reger's, seconded by Ccunc. Giltto slid passed unanimously to approve Application 11-U-82 per PI annlng Co_lss1on Resolution 110. 2490. ARCHITECTURAL AND SITE APPROVAL COHHITTEE APPLICATIONS 21. None. UN.INISHED BUSINESS 22, None, -8- þ HINUTES OF THE HARCII 19, 198_ cm COUNCIL HŒTIMG (CC-639) !lEV BUSIIIESS 23. Consideration ot eoa.unit, !busing Developers oooupanc, satety plan tor the Bianchi 118, projoot. This itea illS continued to the _tin!! of AprU 2, 198_. 211. Request tor Council approval ot the arant t'rcII the Cable Adyisory Co_Ittee tor produotion ot "Fix it Nov.- It I18S lDOYed by Couno. Gatto, seoonded by Couno. Ros... and passed unanlaouslY to cppron the $500 Irsnt tor "Fh it Now" as reo_t'IIded by the Cable TV Advisor, CoIanitt... 25. Approval ot channel Uneup ohange by United CIIble. It ..s _ed by Couno. Ibg.... seconeled by Couno. Gatto and passed unanlaously to appl'OYe United Cable ohannel Uneup change to replace t~ prolr. Ustinl that noli Sho"s on Channel 37 with tile Dlaney Chal!nel. WRITTEN COHHUNrCATIONS 26. None OR DI NAIICES 27. Second re&dinl ot Ordinance No. 12621 "An Ordinance ot the City ot Cupertino Meneling Section 1 ot Ordlnanoe No. 2 by Rezoning Appro:d.ately .29 Aor.. to CSt, ot Cupertino HI. (Lilht Inelustr1sl) Zone: Looated on the East Side ot Iaperial Avenue Approximstel, 100 Ft. South ot LOlli ta Ayenue." It I18S lIoved by Counc. Rolers. aeconeled by Counc. Gatto and passed unan1llollsly to reed Ordinance No. 1262 by title only and the City Clerk's readinl to constitute the seco~ reedinl thereof. It was moved by Counc, Roger's, seconeled by Counc. Gatto and passed unanimously to enact Ordinance No, 1262. 28. Second readinl or ~dlnance No. 1263: "An Ordinance of the City or Cupertino Adding Chapter 1,09, Nulsanee Ab.t....ent, to the Cupertino t1unicl¡.oal Code,- It w.s IIIOved by Coune. ROlers, seoOnded by CoLIne. Gatto and passed unaniMously to read Ordinance No. 1263 by title only anel ;;he City Clerk's reeding to constitute the second read Ing tnereo f . It was mcved by CoU:lc. Rogers, seoonded by Coune. Gatto and pau«l unanilllOusly to enact Ordinance No. 1263. -9- CBD Safety plan cont inued Grant for "Fix it Now" Change in United Cable channel lineup Second reading of Ord. 1262 Ord. 1262 enacted Second reading of Ord. l263 Ord. 1263 enacte¿ . e· Closed Ion _iU ':e, truckiDa ~ Voss Q> ..~. Voss Q ..~ 11 tigatiilDa. acqui8:1.~ of surpJàas school siites . H~NUTES Œ THE MARCH 19, 198/ CITY COUNCIL HEETlIÐ (CC-639) RESOLUTIONS é"). Hone. NON-AGENDA BUSINESS 30. ReoOlnit1on by Hayor ot special requests. (a) General audience - Hone. (b) City Council. Council reCJ.Iested an ordin8llce that would chenge the ord.. of business at Council .eetings so that towards the beginning ot the alenda there would be a place for itetlls to be ramoved rroø that night's alenela. At 10:05 p..., the lIeetinl was adjourned to a closed session. At 11:10 p...., Council reconvened in Cba.b.. with CouncU.tabors Gatto. ROIers anel PlunlY present. City Hanag.. Quinlan Nld City Clork Cornelius were present. It lias _ved by Counc. Gatto, aeconeled by Counc. Rosors Met passed unanl.ously to direct statt to r..iew the proposed alre_eat with Mountain View rOlardlnl a landfill site, to forward a letter to the Co"'\~y inqu~rinl about an alleled trucking operation at Voss . Jarry, to sohedule a closed session at the April 2 L~~tlnl relardinlthe Voss Quarry litigation anel to direct statt to continue nelotiations regardIng the acquisition or surplus school sites. At 11:15 p.... Council adjourned to 7:00 p.., TUesday, March 27, 1981,. ~~~' ..... . "r -J Cit CI';k -10-