CC Resolution No. 8313
RESOIIJl'Iœ NO. 8313
A RESOIIJl'Iœ OF 'ItIE CITY aJUNCIL OF 'ItIE CITY OF ctJ~=·.ulO
ORDERING ABATEMENT OF NUISANCE AT M/'Y"TF.T:rJU{ SQUARE;
NORIHWEST CXJRNER OF DEANZA 8XJIEVARD AND MmTF.T:rJU{ ROAD
RECITAlS :
(a.) On ~her 17, 1990, the city Council of the City of CUpertino
adopted its Resolution No. 8281, a copy of which is attached hereto am
made a part hereof by reference;
(b) Pursuant thereto, the City Council of the city of CUpertino held
a hearin;J with respect thereto, on January 7, 1992, at 9:25 p.m., in the
council C1Iamber, in the city Hall, located at 10300 Torre Avenue;
(c) '!he followin;J members of the City Council were present:
Mayor Pro Tenq¡ore Nick Szabo, Counci11nembers Goldman, Rogers,
Sorensen.
(d) '!he followin;J members of the city's staff, æoonq others, were
present:
1. Assistant to the City Manager Ba1:bara Brown.
2. City Clerk Dorothy Comelius
3. City Atto:rney Charles Kilian
(e) '!he following interested persons were also present;
Arme Moore 10364 Paradise Drive
Randy Nemec 10374 Paradise Drive
Mrs. piccone 10434 Paradise Drive
Edward piccone 10434 Paradise Drive
GerJ:y O'Hara 10404 Paradise Drive
ihomas O'Donnell 10 Almaden Boulevard, San Jose
Representative for Ron Cali
Ron Cali 10497 s. De Anza Boulevard
Bill Hoffman 1408 Redmond Avenue, San Jose
Representative for Illcky stores
Resolution No. 8313
(f) After hearin;J openi.n;J remarks, the City Council heard am
considered all relevant evidence includinq, but not limited to testiJDony
am cross examination \JIñer oath from owners, witnesses am parties
interested, as wll as received into evidence eJårlbits am staff reports,
relative to said matter;
(g) Followin;J the presentation of all evidence am closin;J remarks,
the City COUncil considered the matter, am resolved as follows:
IT IS HEREBY RESOLVED by the City Council of the city of CUpertino,
state of California, as follows:
1. '!he followin;J findings of fact are hereby made:
(a) Notice of the t:iJlle am place of the hearin;J to abate am
Resolution No. 8281 were duly am regularly posted am served, as required
by the provisions of Ordinance No. 794 of the City of CUpertino, enacted
on April 18, 1977.
(b) Although the numbers have been reduced, violations of city
oJ:dinances continue to occur; those violations have been of noise am t:iJlle
of pickups am deliveries;
(c) Neighbors have not had reasonable use am enjoyment of
property because of these violations, especially in early mornin;J hours.
2. IT IS 'IHEREFORE DEI'ERMINED based upon the evidence presented that
a p,¡blic nuisance does exist.
3. IT IS FURI'HER ORDER as follows:
(a) That said p,¡blic nuisance shall be abated.
(b) Staff rec::amrr.errlations contained in the report dated January
7, 1991 are hereby adopted; specifically that I11cky Store shall retain the
services of a gate monitor to ensure that no more violations of City
oJ:dinances regarding- deliveries am pickups occur.
(c) That this hearin;J is continued to April 1, 1991 for the
following reasons:
(I) To deteDnine the effectiveness of the abatement measures am
to consider ~itions of additional measures should the nuisance not be
abated; am
(II) To direct staff to develop a plan for ensurin;J that no
deliveries or pickups will occur in the north parking lot prior to 8:00
a.m.
· .
Resolution No. 8313
PASSED AND AOOPl'ED at a regular meetin;J of the City Council of the
city of CUpertino this 7th day of January , 1991, by the
followin;J vote:
vote
Members of the City Council
AYES:
Goldman, Rogers, Sorensen, Szabo
NOES:
None
ABSENT:
Koppel
ABSTAIN:
None
ATI'FST:
APPROVED:
Is/ Dorothy Cornelius
City Clerk
Isl Nick Szabo
Mayor Pro 'l'ei!p)re,
City of CUpertino
/
A RESOIIJl'Iœ OF 'ItIE CITY CXXJNCIL OF 'ItIE CITY OF C1Jk'J:;t<i'IN0
DECUlIUNG INTENl' 'IO OONWcr A RJBLIC HEARING OONCERNING A NUISANCE
AT WCKY FOOD CENl'ER (M(;t"'TFTJ1>,N SQUARE),
10425 SCXJn{ DEANZA æJU.VARD
RESOIIJl'ION NO. 8281
WHEREAS, Chapter 1.09 of the CUpertino MJnicipal Code states that it
is \1IÙ.awful for anyone ill the City of CUpertino to permit a situation that
is, or is liJœly to beca!re, injurious to the senses, or an obstruction to
the free use of property so as to interfere with the oanfortable enjoyment
of life or property; am
WHEREAS, there are located at the I.llCky Food Center, McClellan sq..¡are
Sboppin;J Center, 10425 So. DeAnza Boulevaro, situations that may be a
nuisance, consistin;J of, aIron;J other thin;Js, truc.ks deliverin;J prior to
8:00 a.m., trucks leavin;J main or auxiliary en;¡ines ronnirq in exces<;; of
three minutes am other noise violations; am
WHEREAS, as provided by section 1.09.080, the city council shall hold
a p.¡blic hearin;J to determine whether or not said corñition constitutes a
p.¡blic nuisance am, if said detennination is made, the City council shall
require abatement of said public nuisance by t!i"'""'ntinuance of early
deliveries, en;¡ines ronnirq in excess of three minutes am other noise
violations.
NCM, 'IHEREFORE, BE IT RESOLVED that the City Council of the City of
CUpertino does, upon adoption of this resolution, establish the date of
January 7, 1991, 6:45 p.m., as the t:iJlle am 10300 Torre Avenue, CUpertino,
California, as the place where p.¡blic testiJrony will be taken relative to
the detennination as to whether or not a p.¡blic nuisance exists am if so
determined, what type of abatement is necessary.
PASSED AND AOOPI'ED at a regular ¡reetin;J of the city Council of the
city of CUpertino this 17th day of December, 1990, by the followin;J vote:
Vote Meznber!; of the city Council
AYES:
NOES:
ABSENT:
~:
ATI'EST:
Goldman, Rogers, Sorensen, Szabo, Koppel
None
None
None
APPROVED:
Isl Dorothy Cornelius
City Clerk
IsI Barb Koppel
Mayor, City of CUpertino