CC 12-07-92
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crrr CP aJPI!'.RTDI), STA'lE Œ' CAI.J:I!œHIA
10300 'J.\.IOOS AWHJE, aJPI!Rl'DI), CA 95014
'l1!:IEI?fD£: (408) 252-4505
œ-849
MDIJŒS CP 'nIB RI!GJIAR ...........u«; œ 'nIB c:rrr ancn.,
HErD œ ~ 7, 1992, <DH:IL CJfJHIBR, c:rrr ImIL
10300 'J.\.IOOS AVI!HJB, UJt'!5K1'.üÐ, CALIJtefIA
'Ihe ueeting was called to Ul.œL by Mayor szabo at 6:45 p.m.
pr R!Y.:R Œ' AIUX;IAR:E
RŒ.L CALL
Counc. Pres ,L:
DeIIn, Golàœn, KqIpel, sorensen, Mayor ~Am
Staff Pres_,L:
City MBMger Brown
City Clerk COnIelius
Director of Public tbiœ VisllDvid1
Director of Qmu.mity DeIIe},'I.-·-.L ~
Assistant to the City ~ Brown
Director of Finance snyder
Director of Parks and RecreatÏa1 Ik:Jwling
Public Infœ:::matia1 Officer Krey
Associate Planner J\mcj
Planner II Gil
City Attorney {; Him
Mayor Szabo anncunoed that It8n No, 22, pertaining to the
General Plan, will be heaJ:d after Plaming Aß>liœt.iaJS and
before New Business.
C!'.RI!HJUAL MATlERS - PRESBNrATIœS
Int.raduct.icÐ of Jack T "",,",A, n-.mci 1.._,1 oØ( £ran H:nte Str..........
am new .._.J « of ori gi rIA 1 r~ IZIJre A cpveming boImi.
Mayor Szabo ÌIJtJ:'cctJœd Jack T """., 0:Juncil '._.1« £ran
M:Jnte SereIx>.
Hr. Lucas, I7l7l Zena Avenue, M:Jnte So::...,....., serving his
third teJ:m as a City <bmci1 .._.loE'1: of that city, said be
was awearing before each City 0:Juncil and hd...., ....,.;"9
hiJœelf as a new n"". >E'r of the MBII8ure A GoIIe:rning BoIIrd.
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1
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MDCŒS CF 'l1IE RI!GJLAR CITY a:ucn. """",nllC CF IB:E.ll -~ 7,
1992 (OC-849)
He said he will give 0JpertiID the sane strœg ~l as
he will give other cities jn the south 200e. He left a
Measure A fact sheet for each aJU1V!; 1......1 oeJ:: ,
Fœ'lKIIHNl'S
QJot:.Ím1ed Itans No. 20 am 21 to January 4, 1993; \d1l be
amsolidated as one item,
.
MIIyor Szabo anoounœd that ItEms 20 and 21 will be
cxntinued to the rœeting of January 4, 1993.
œAL aHUlICATIctiS
Dr. Meredith Burlœ, 22996 St:.aOOing 0IIlt <burt, CUpertino,
cakh._sed CDmcil regarding the pedestrian traffic flaw at
Mary Avenue am st:ewns creek Boulevard. She stated that
the IISØ plan ~ against the natural flew and the traffic
pattern doeø 1m cx:nøider pede6trians. She stated that
alt-""'? pedestrians are being tic1œted, she had never seen
a car driver tic1œted. She felt the old pede&trian pattern
ehculd be restored and the pedestrian tic1œts issued be
"""""Ued, She also felt the reEu..Lft'":J"1 peJt.strian flew
has created an adversarial relati.a1ship. She subnitted a
written ŒtJY of her statement as requested by MIIyor ~""hc>,
Nancy Burnett, 729 sterIdahl lane, said that the issue
......~,..,.} her as 1oIell. She requested that this topic be
p]--' al a future agenda.
Ann Anger, !bIta Vista, cakh..,..æd 0Junci1 regarding the
General Plan and the need for a blic It ordinance.
Jobn Sàn"ato, l.'¥L_.a_,ling Aß>le, Inc. and himBe1f,
cakh._sed CDmcil regarding the h,; 1';;1'\11 hei< lt issue. He
_ inf....·~1 that this will be cakh._secI during the General
Plan item.
Consent
Calendar
<XHIENl' CAU2mI\R
Counc, Go1åœn requested that Item No. 9 be rEIIDVed. It
was JIDII'ecI by <Dmc. Golànan, &o::u.....bl by Ccunc. Kqp!l and
paesecl unarilitDusly to "H"-uVe the balance of the Consent
CalElYiar as subnitted.
.
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MINUŒS CF 'l1IE RI1nJLAR CITY <DH:IL l£ET]J(; CF DI!CEI ~, 7,
1992 (0::-849)
1. Reøoluti.an No. 8797: ·A Reøoluti.an of the City Council
of the City of 0Jpertim Allowing Certain CllÚIIII end
Dt:......db Payable in the l\nDunts am Fran the Funds as
Hereinafter Described for General am Miscellaneous
Expenditures for the Period Ending ~ 13, 1992."
2. Reøoluti.an No. 8798: "A Resoluti.an of the City Council
of the City of 0Jpertim Allowing Certain ClðiJœ am
Dt:..a..db Payable in the 1\DDUntS am Fran the Funds as
Hereinafter Described for General am Miscellaneous
Expeoilitures for the Period Ending Nc7v",.t;.... 20, 1992."
3. Reøoluti.an No. 8799: "A Reøoluti.an of the r.ity Council
of the City of Cupertino Allcwing Certain ClðiJœ am
Dt:u....Ja. P/1y8ble in the 1\DDUntS am Fran the Funds as
Hereinafter Described for General lIlY" Miscellaneous
Expenditures for the Period Ending NcJII' !r 25, 1992."
4. Reøoluti.an No. 8800: "A Resoluti.an of the City Council
of the City of 0Jpertim AllCli.ing Certain ClðiJœ and
Dt:..a..db Payable in the l\nDunts am Fran the Funds as
Hereinafter Described for Salaries am Wages for the
Payroll Period Ending Nc7va,Lc.. 15, 1992."
5. çlicati.a1 ASN:; 7-U-87 - Teny Brown - Request for
review am <lK"-uv'IÙ to IIDdi£y a precise devel,¥,lCItL
plan for the landscaping of a retaining wall on
~le-llan Rœd cgJOSite Mira vista Rœd, R.=..u.IIICI.ded
for "H'1.<rJal.
6. Review of appliœtia1 for Alœmlic Beverage OJntrol
li.........: Andrea II Flowers, 10555 South DeAnza
Boulevard, '115.
7, Sl1lm...... and Qmplaint, breach of CX1ßtrat.."1;, Collishaw
CaIstruction, T.DC. plaintiff, City of CUpertino am
DJes 1-100, deferxlant. Rece:Î.ve.
8, ~ of Fine Arts Ccmnissioo rea:mœOOation to
appoint Carolyn Marie Clegg as student li..iAnl'\ betlleen
F.t.au.A,t Unia1 Hicjl School District and the Cœmissioo.
9. Renr:M3d £ran the CDIsent Calendar.
10. Minutes of the adjourned ro:q'18r tœeting of NovaItJer
10, 1992 (0::-8478).
11. Minutes of the re;plar tœeting of NovaItJer 16, 1992
(0:::-848) .
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MnVŒS (Ii' 'l1IE RI!GJIAR CITY CXUCIL n!ð1"l,f(; (Ii' r:ø:::fHIER 7,
1992 (œ-849)
12. Minutes of the adjourned r-J',hor meeting of NoI....t:......
23, 1992 (œ-848A).
13. Minutes of the adjourned I'eg!,1..r meeting of NoI..:ut.....
23, 1992 (œ-848B).
14, Resolution No. 8801: "A Resolution of the City 0Juncil
of the City of ~ Authorizing Execut.i.œ of
~<1tive ~""""1l No. s-aJP, PDut:e 85, P"";1""'t
Creek Iandsalping Bet:ueen the santa Clara O:;unty
Traffic AutOOrity am the City of eupertim."
15. Aoœptance of I1I1Di.cipal jnpravanents:
Teny Brc70In QJnstructia1 Project at 10360 Sœnic
Bculevard
(No à:x:Inentatioo neoeesary.)
16. Resolution No. 8802: "A Resolution of the City QJuncil
of the City of 0Jpertin0 De8iq¡ating Penni.t Parking œ
the Easterly Side of SOUt-l1 stelliDg Read Bet\J!I!E!I1
~el1an Read am Erin Way."
17. Resolution No. 8806: "A Reg,)lution of the City Council
of the City of 0Jpertin0 SIJADrt:U1g the 'F..dt...ðl
Mandate Relief Act of 1993'."
18, Resolution No. 8803: "A Resolution of the City Cbuncil
of the City of 0Jpertin0 Aoœpt:ing ()1i.tclaim Deed am
AutOOrizatiœ for ~ water Rights £ran
Jean-Claude Ray am Linda Cantrell Ray, 21852 Jb1te
Court. "
~:
AYES:
N:ES:
ABSI!N1':
ABS'I7.IN:
}b,¡ -.. of toM Citv Cb.'1IdJ,
Dean, Golàœn, Kq:pel, sorensen, Szabo
Nooe
Nooe
Nooe
I'n'MS RIMJ\ÆD FRG!: cx:tG!Nl' CAI.ENDAR
9. Minutas of the adjourned re<J,1..r meeting of NaIra.t..... 9,
1992 (œ-847A).
It was IIDIIed by Counc. GolåŒm, ~..bl by Counc, Kqp!l
and passed unaninrlusly to CSWLU\Ie the minutes as BII"IeÐded
per City Clerk' B !IBID dated I:b.=b::r 7, 1992.
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MIlIJŒS (If B R1rnJ..AR. Cl'l"l <:nICIL WJmlC (p 11DH1Im "
1992 (œ-1J49)
PUBLIC .HI!'ARIH;s
19. Hearing to tmsider cbjecticns to pl.' ¥ .sad rencval of
weeds am to o..Jo:... abIItement.
(a) Reøolutial No. 8804: "A ReøolL'ti.œ of the City
Q)uncil of the City of 0Jpertin0 Ordering
AbIrt.ement of Public Nuisance Pursuant to
ProviøiaJs of 0I:dinIIDce No. 724 and Reøolutial No.
8782. "
'!be City Clerk reviewed her LE:p)1. L and stated that one
protest bs1 been filed.
Peter Haas, 22650 Alcalde IbId, stated that his is the
ee.u..al protest. He objects to the accusatory nature of the
letter sent. He told Ch"."..; 1 that he had called the Co.mty
of santa Clara, but the letter If'ft a bad ~....si.œ. He
takes 'C'.'" qA.icn to the~, He wculd lil-e to koow the
actual ¡:i[OOlan the 0Junty has. He "nn1rl be willing to work
on the ¡:i[OOlan if he knew what it is, He wants to knew
\"hat the City Cbmcil rE:u.uut:l.Jt. he 00,
'!be City Clerk stated she wcu1d CXXItact the OJunty,
It was JJI:M!d by Cbmc. Sorensen, a.:........Jt:..l by Cbmc. Kq:.pel
and paøøeci UMIÙJIDusly to actJpt ReøolutirJn No. 8904 am
note protests.
20. çlicat.ioos 81,054.5 and l8-FA-92 - City of 0Jperti.00
- Request for an .....~"..-.t. to Title 19, Zoning of the
0Jpertin0 Ib'oj";p"l axle to 8d:I a dJapter pertaining to
1andsœping 8YX1 irrigat.iœ.
(Coot.ùnø1 to the œeting of JanuðJ:y 4, 1993.)
21. Qmsideraticn of an aue......lCltL to Title 14 of the
0Jpertin0 ftInicipal axle to change the title to
. streets , 8;..... palJœ and LancIsœping" am to ad:i a
chapter entitled "xerisœpe ~ing" .
Envircuttenta1 Det:e1:mination: '!be Planrùng O::mnisci.œ
1............ICI.Jt. the granting of a Negative Dec1araticn.
(OJntinued to the œeting of January 4, 1993.)
PU\NNIIC APPLICATI<H>
23. çJ.icat.ioos lQ-U-92 and 19-FA-92 - Westfi~ld, Inc. _
M:xtification of a Use PeImi.t to permit oonstruction of
a parking structure on the front parking lot (Stevens
Creek Boulevard £rentage) of the Sears Depart¡œnt store
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Weed abatement
Res. No. 8804
adopted
Xeriscape and
landscaping
amendment
App. lO-U-92,
Westfield, Inc.
MINUmS CF 'mE Rm1LAR CITY a:utCIL MEE1']N; OF rø:EMBER 7,
1992 (œ-849)
in Valla:> Fashion Park. EnvL.uu.cutal Detennination:
'!be Planning Camlission r~11I1I:21ds the granting of a
Negative Declaration, Reu.....,II:2..hJ for denial.
FoUCMing review of the rep;>rt by the Director of O:mruni.ty
DeveI'¥.1I:21L, the Mayor cpened the meeting for ~lic inp.¡t,
John ErxtiCDtt, Westfield/Vallro Fashia1 Park, stated that
the p...~ 'NOUld provide better parking for Sears
cust:aners. '!be proposed structure will camect. parking a."Jd
Sears aIXi is ex>nsistent with existing gara~. 'Ibis ~..ill
not introduce a new building elenmt, but ~ ill hanrcnize
and blend witl1 the existing structures. It will be set 110
feet back fran stevens Creek Boulevard. 'Ibis will be a
ppiestrian link fran the EOC..dting stevens Creek Boulevard
bus B't:qJ to Sears. Signage will be placed along the front
for I1Dre activity, 'lbe puI'pOfV' of having the cinemas is to
in=ease sales. '!here is a need '_0 anchor the stores. '!be
overriding ex>nsideration is to help the eristing showing
center, It is not Mr. ErxtiCDtt's preference to have any
new design, as it 'NOUld be distracting. He stated he is
happy to work with staff on refining any element. '!be
prr.p:>sed location of the garage is the result of a lot of
work with Sears. He is asking that rather than install a
IœChanical device that prevents leaving after a certain
time, such a device only be installed later if it is found
to be !1PCe£'9tuy,
Counc. Sorensen mentioLed that the present garages are
rounded aIXi suggested ~t any new one be the same.
Counc. Kq:pel su~ that at least part of the first
level of the proposed level be uOOergrouOO so that Sears
\lQÙd still be visible.
Mr , ErxtiCDtt replied that there is the issue of eu..u..,lÌcs.
Also, he did not feel that lowering the garage structure
'NOUld make a difference. Sears wants the o::xmection fran
the upper level.
Counc. ~l expressed =ncern regarding the fact that
Westfield also wants to ronstruct the already awroved
parking facility.
Mr. EndiCDtt replied that the developnent ay.c"""'1I:21t is very
clear regarding how much Westfield can build. stx>uld they
want I1Dre developrent. it WOùld be necessary to a:rœ back
to Council. He stated tr.at ",'hat is prqx>sed is expensive
parking.
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MIN!JŒS CF 'l1IE RmJLAR CITY <nH::IL MŒTIlG <F IEI':»mER 7,
1992 (CC-849)
0Junc. Kqpel stated she is willing to riiArlJBS a trðde CD
the t1IoU structures, 00t has ð diffiœlt time with the idea
of both,
þ
Upoo. being asked by 0Junc. Dean if the parking structure
were basically ð deúbad of Sears, Mr, Erdicott stated it
WðB, He said that if the parking is not loœted on Seðrø'
¡,.oL'-I""'-Ly', then Valla> will not get the cinesnas. '!he
loœtia1 WðB r!Aro;,w; after about 20 different discussÌ<XIS
with Sears. 'Ihey have evaluated the situation and, in
their consiJt:....".l opin.ion, this is the best spot am
Westfield ~1.Ls that,
'!be Hayer then opened rl;ArlJBSion to the public.
Nancy Bumett, L"¥L B .Ling Fðirgrove Neighbors, said that
Westfield was one of the parties of the devel,¥lIeut
agtec.ðcuL. She ~_sed the belief that the devel,¥I"".l
agt""""",,,l increases the I1UITèer of parking spaces. She
expressed BUßJOrt for the Planning Camlissia1's
reamœn::Iation to deny the awliœtia1, 1bIeVer, if
Council shculd ~uve it, she felt the design should be
inproved in ð<XDrdanoe with ASN: ,taOOðrdS and the signs
ðIId ~CB shculd be included as part of that
presentation. She felt it is not <M'.....yáate for stevens
Creek Boulevard and inqui>:ed about ð cxmnec:t.im for
pedestrians betue en this center ðIId the rest of stevens
Creek Boulevard.
Ann Anger, ~ Vista, ~_sed a:ncern regarding ð lack
of sales tax in CUpertino, She said there is not emugh
IIDIIeY to ta1œ care of the general public, only special
interests, Valla> is trying their best to inprove. She
stated that if she were Valla>, she would get out of
CUpertino,
'!here being 00 other public in¡m, Mayor Szabo brought
discussion to Council.
0Junc. ~l stated that she did not BUFÇJOrt two
structures¡ however the structure or1 stevens Creek
Boulevard would be acx.eptable is done tastefully.
OJunc, Golàœn aJ.h._sed Mr. Erxlicott regarding the
devel,¥,,,,,,l ~""",,,,,,L ðIId asked if the awruved structure
were ura.lt:..\¥"uomd with only one floor above ground level.
þ
Mr. Erxlicott replied that there were a range of garages.
'!be one behind Sears has one level 00wn¡ that for the Rose
1Jc7..r1. has two below grouOO., two arove grouOO¡ behind
Penney's parking is all above grourxl,
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MnUlES CP 'l1IE RI!GJIAR CITY CDH:IL HI!:E'l'Il«; CF --..Q1 _w 7,
1992 (œ-849)
Q:Junc. Golåœn then referred to the sped fic plan for
stEM!ns Creek Boulevard am that it will be pedeøt.riIID
oriented with buildingB near the street, including retail.
'lhere will be q¡--Hic ardú.tectura1 gt.itiAlineø am a
parking garage wuld not fit. He felt this wuld be a vary
si9Ufícant h.i1l'1iT1g. As this is a lœy ~'ICL, a pIIrldng
ga:a.ge wuld be inaw.<"-io..date. (City Clerk'ø Note:
Director of Public ~ visllDvic:h entered 0Jsd:)er to
calh....s QJuncil regarding Item No. 28.)
28. Report <Xl auctÍŒl of 1M-"'I'=LJ" located <Xl stauffer lane
am Dorothy Anne way, Sellen Springs De\l'eh.p.lClìL lUX!.
sale of the two city~ lots, ('1his will occur
tl1rcuc D1t the Iœeting.)
Director of Public WJrIœ VisllDvic:h reported that a bid in
the ImJUllt of $387,000 for IDt 194 of Tract 7993 had been
received fian Tevis am axmie Icptci.o.
It was DDVed by Counc, Golåœn, SoouAabl by Counc, Sorensen
am passed UDIIIlÍJID18ly to ~ the bid. (City Clerk's
Note: Mr. visllDvic:h left o-m-- am QJuncil resœted
l'Ii An1Ssicn on Item No. 23.)
Q:Junc. Keppel said that i£ the structure were built beck
far eIICUI l, a bllli ll'ling tTII.lI'I be plaoed in front of it,
t
Q:Junc. Golåœn stated there ~.11'1 be a prcblan regarding
the ImJUllt of space _i1"hle am the need for a setback.
(City Clerk's Note: Mr. VisllDvic:h re-urt:ered 0IðnDer am
calh....BecI QJuncil regarding Item No. 28,)
28. Report <Xl auctÍŒl of ~"'I'= Lf located <Xl stauffe: lane
am Dorothy Anne way, Sellen Springs De\l'el<¥lICIìL am
sale of the two city~ lots.
Mr. VisllDvic:h stated that the pm:hasers of the lot
~=BecI anoern regarding a 1M-' 'i" aM DDrlitoriœl that will
be discussed later in the Iœeting. '!bey do not wish to
PJrc:hase the lot i£ it is included in the area of the
1I01.C:íl.ori\DII. He suggested that QJuncil accept the bid
0Œltingent upŒl the lot not being part of the nmatoriœl.
If it be-, .,~ part of that area, the Wyers are then
reJ....,."""'¡ £ran their bid.
It was DDVed by Counc, Sorensen, _.....abl by Counc, Golàœn
am passed unanilYW:"~:7 to accept the bid am award the lot
to Mr. am Mrs. Ignacio amditicnal upŒl that lot not being
part of a .1Dratoriœl. (City CJ.erk's Note: Mr. viskDvic:h
left CJ.antY c:r . )
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MDUŒS CF 'mE RI!DJU\R CITY WH:IL -.ronl'G CF -.c... -, 7,
1992 (CC-849)
Cbmc. Sorensen stated this is Ii ~ to get more tax
dollars into the City, which is lID CJYerriding cœœm. She
"""I'1.....øed ~l for a structure, 00t wanted further
tI; tlnJSsiœ teg!II'dinq arc:tù.tectural details.
Counc. Dean said he understands the structure is the result
of bni1ding the cinemaø. If there are no cinemaø, there is
no garage. He inquired about QJunc. ~l's amœpt: of
trading of parking structureø.
She stated that she does not see Ii need for both gr¡rages
;-'''--i at approval of øquare footage. She bs1 previously
"II -: Bed a parking structure De!Ir the residential area am
....'111 lilœ to see that structure eliminated.
QJunc, DeIm ~e..øed ....~u, teg!II'dinq the deøi9t, but
felt it rould be 0ItcL\A.Ut:.
Mayor Szabo said he prefcu.al no garage there, but if there
were one, he wuld prefer a different deøi9t,
Jerry Ft:..1.....ð,
bs1 redesi.cp!d
~. Also,
cbIIDged.
arc:tù.tect 1."'t'I- B ,Ling Westfield, said they
the structure 8Dd lost about 90 pIIrldng
the 10caticc of th& exit for cars had been
QJunc. Golàœn
1ocaticc,
suggested a redesign of the entrance
Mr. Ft:..1....... c:alh.....øed n-.1rV"; 1 regaMing the ~t..ian
~s, He stated it ....'1rl be a CXM!I"ecI am lighted '""""'1'Y
ala1g the side of the structure.
Q)unciJ. disa1ssiœ f011ëJed regarding twc pIIrldng
structures .
Counc, Kq:.pe1 IIDIIed for ë!IßJIOIIZÙ. of the Stevens Creek
Boulevard structure with the eliminaticn of the one
previously awroved for behind sears am that the deøiq! be
tI; """lSøed at another meeting.
'!be DDti.cn clied for lack of s..u.ul.
It was IIDIIed by Counc. SorerIsen am 1k::u.J1.Jt.l by OJImc. DeIID
to accept the perking structure as per this 1ocati.cn
ccntingent at the cinemaø being Wilt.
'!be DDti.cn pass('d with Co\mc. Q:>lànan arxi Kq:pel
dissenting .
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e
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General Plan
Amendment
.
MINUŒS CF 'l1IE RI!DILAR CITY a:ucn. ........:a:lJ!C CF CU::&~. 7,
1992 (0c-s49)
0Juncil then ti; ......1SøecI whether or IXJt it was Mœ8eæy to
refer the desjq1 to Planning 0-; Aøi.an mxl Ardù.tec:tural
am Site Approval Camú.ttee.
O?olOC, Golàœn, Dean, am Mayor Szabo preferred referral to
P1Annh-q ChmI;A'3ia1 mxl ASIIC, Counc. ~l am Sorensen
felt this was IXJt r-""'eeary mxl that staff oould 'IOt'k with
westfield.
If at the meeting for which this is scheduled, ASIIC cbee
IXJt have a quorum, it oould be referred directly to the
Planning ChmI;ASia1,
Counc. Sorensen ~.,.,øecI ~ of vertical elEllll!l1ts am
the øhciiœsing of the theaters (sjqJage). She also lilœd
rounded elEllll!l1ts mxl wanted plants to be included in the
desjq1.
Counc. DeIm lilœ the Califomia/Medit:erranean style am
felt it shoold be si.milar to ~ to other pa.tting
structures .
Counc. Golàœn said he is anoet,'ied when buildings g:J alcrJg
Stevens Creek Boulevard. He requested that westfield
caliLCDS the traffic flaw in the parking structures am
amøider turning around the entrances/exits 80 they are
1oœt:ed en the cgJOSite tõ;des as the Clu.u:a.L 1M-' 'l" _1, with
<me ~s left in the m;,;,;1e of the structure.
<bunco Q)làœn also stated that he felt this ......1ld be
better than the existing structure that is seen £ran
Stevens Creek Boulevard. He, too, ~.,.,øecI "i¥Lu.nù. of
the }M'~. aad øi~,
It _ DDVed by Q)unc. Sorensen, 8cuA.JÞJ by <bunco Q)làœn
and r-ged UDIITÚDDUøly to "i¥LvVe the granting of a
Negative ~lAT"11ticn, '1his aw1icaticn will return to City
Cbmcil for fÌDI'.ù ~ at their meeting of .January 19.
RÐ 'Id'IS: 8:15-8:25 P.M.
PUBLIC BI!:ARI1GI
22. acmsideratia1 of a u..o'\AL",'1ensive .aille....l..:ut of the
CUpertino GeI1era1 Plan, including lend use, hrJuøing,
tnmsportaticn, open space iM-_servation, public safety,
CDISeIVati.œ mxl noise elEllll!l1ts. ~is will be
p1Aned en retail hrJuøing mitigation mxl review of
General Plan Jllllc...l'K:I'" dxument.
-10-
~ CF 'mE ~ cm aIK:IL Ul'll{; <F tE:Eæ:R 7,
1992 (Œ-B49)
Director of Camunity DeveJq.."",t Cowan ~ that
Council hear the 1:'1.' \" _1 to be J:JL sented by the C1ðnìJer of
Cu.Il.e1:ce and that they then review the Affordable liJusing
Ccmnittee and Plarming Ccmnission l""-UIII"".dati.orw.
Herman HijJœns, l.qu.=E!I1tÏl1g the CUpertino C1mtJer of
Ccmœrce, distrib.rt:ed a letter with the Chæber'.i
~1I'''''.Jati.ons to the Council. He stated that the lettl.:r
had been signed at 4:00 p.m. that afternoon, '!be cxnsenF.US
of the QIaIItJer was that OOusing sOOuld be ëdlu2'sed QI} a
regional basis. '!bey koow that CUpertino is under p::essure
to amply with state regu1atioos. QIaIItJer pzC£e'C'elloe is
that there be no fee for OOusing placed 'Xl retail
businesses. If retail is to be included in the OOusing
requireIœnts, they preferred a less 1"'Y'-c&sive basis th!In
is currently J:JL' \" sed. He subnitted a J:JL' ~l Œ1 behalf
of the OIaIttJer. '!be Chæber's J:JL'¥J6ðl was that the first
15,000 sq. ft. be ~L; 15,001 to 30,000 sq. ft. - $.30
per square foot; 30,001-50,000 sq. ft. - $.45 per square
foot; 50,001-100,00 sq. ft" - $.60 per square foot· 100,001
and over - $,75 per square foot,
John ErxIioott, Westfield, a<lli.,.,sed Council regarding the
OJanber's PJ6iticn, He stated that the Westfield
develcpœnt éìyu:al"",L has an envircmtental fee Wich is
unique, He stated this is $4.31 and the OOusing
requirement 'oOUld aài $.94 for a total of $5.25 for
Westfield. '!bey haw to UoO.p:;le with other cities and
develcpœnt for tenants.
Nancy Burnett requested clarificaticn regarding the $4.31
figure.
Mayor Szabo explained that that Lt:u..auee effective after
200,000 sq. ft, are "'""1p;ed and has a term of 20 years.
Ms, Burnett asked if the City can 11DVe fees fran one place
to another, i. e" to OOusing,
Mayor Szabo replied that it cpes into the General Fund.
'lbere being no other public iJ1tm, the Mayor brought
discussion to Council.
ColIne. ~l stated she rould not suwort requiring
OOusing mitigation for retail.
ColIne. Dean agreed with her and expressed CJJI1cern of the
inpact of such a requirement if a big tox retailer
a:>nsidered a:ming into the area. He felt the OOusing
situation was a regional prd:>lan.
-11-
KnVlES œ 'nIE RmJIAR CITY caH:IL ~ OF ~~, 7,
1992 (OC-849)
Counc. Sorensen ay...,."l that housing is a regional prà)lem
am ~ that CUpertim looIf for other solutiœ.a.
It was DDved by Cblmc. Sorensen arxi seamc.'ed by tn1lV",
~l that there be zeJ:O housing mitigat.ial T.at--...irem:!nts
for retail.
Counc, Golàœn stated he cDes B'l4¥J1.L the Affordable
Housing camri.ttee· s r~' ....~.Jaticn,
City Attorney pointed out that i£ there is IX) requirement
en retail for housing mitigat.ial, then there is rxme for
Vallm Fashion Park éIS per the devel.¥lIcoìL '"':fL""""ICI,L.
'!be IIDticn passed with !"nome. Golàœn arxi Mayer !l7...rn
dissenting.
Mayer Szabo stated that what will be discussed IDW will be
cnly those it&œ that have bearing en the prepBrati.œ of
the Enviram!ntal Inpact ~.L L. '!be rest of the itelœ
will be <XXUIidered during :r..mvny arxi February.
City Attorney Kilian ~"ized that the General Plan will
be revisited when the EnvID:nœnta.1 II1pact Report is
oœplete.
Mr. 0:Jwan reviewed various as¡Jeo---ts of the l"-,¥-sed Generdl
Plan J\D\etal'IClIL.
'!be meeting was then cpÐBd for public .......,lCIìL.
SteIIen Haze, 22681 San Juan Read, cù.h.t::$sed CDmcil
regarding R>licy ~, 2--40 en pege ID-27, He felt that the
1M-' ~l locks à:xJrs for certain qp>rtunities. He
1M-' 'P sed for hillsides in ycu=al, that there bP. public
cpm spaoe dedicaticn credit arxi develq,alcuL ~ to
provide inoentives fæ- ~blic q¡en space.
John SCbrato, Scbrato De\lF!1''l''~'L, also l.,,¥.Lesenting lI¡:ple,
requested a fonnal wte en the height restricticn
preliminarily h,p sed en the Gateway Project. He stated
that he had listened to the tape of the meeting at which
that preliminary ñP<-i ..ien was IIIIde aIXI. felt the de<-i ..ien
was arrived at hastily at a very late 00ur. He stated that
in the project, a park am III1SeImI is being provided, éIS
well éIS housing mitigaticn. '!be project l.x>rders 280. He
IoOuld like to see a wte en this issue for a 75 foot
maxinun. '!be air cx:nli.ti.aùng equiprent will rp
uOOerground, '!be area is fran K3riani to 280. He stated
he loOuld CXJ\E back if Camcil IoOuld like.
-12-
þ
MINUŒS <F 'mE RmJLAR CITY axH:IL ........~·uiG <F ~~_ 7,
1992 (a::-849)
Hel.wœ, Hijm1!U8, 1.<¥1. s!(.Ling the o-m-r, said they WImt
the Heart "i the City amœpt I'RtI1 i7.ed, If 0Jpertin0 WIIDtø
bJusing and mass transit, it needs a unique plan. Tt
cannot just hawen.
Da1 N:>lfe, Building IndustrJ A8ArY";Aticn, oongratulat:ed the
job dœe by Affordable H:Jusing Ccmnittee and said it is not
yet finished. 'r.-.e Asøoc::iatiœ has not had a dunoe to
reply to the housing section of the 1.'¥J1.L. certain
stataDents are too vague am loose. 'D1ere is a school of
thooc Jt that the in-lieu fee is just arother fee am roo; -ss
the rost of housing, 0Juncil is DBking land use n..,.;Aicns
that will affect eIIer}'CÐe; œsinesses willlp. He m-ged
0Juncil to ~~Ie a vote Ci1 these issues,
þ
Nancy Burnett éalh.....sed 0Juncil stating that if they are
looking at the envircoœnta1 iDpact, they need to krø1 the
rumheT of bJusing units.
Mr. 0:Mm infonned her that the 1.'¥J1. L will assess arother
2,000 dwelling units. Whether or not they are ·affordable"
will not have an inpact.
Ms, Burnett then ad.h.....sed Council reg¡:m:Iing other itelœ in
the l.'¥JLL and ~_sed ~1.L for smaller parks thIIn
previously CXJnBiderecI,
Mark Kroll a.lli....sed 0Juncil regarding Policy 3-37 en pege
H-25 and stated that BoR requireœnt did not enCXJUJ:Bge
bJusing in the a:mrunity.
Phil Zeitman a.lli....sed Chuncil reg¡:m:Iing circu1atiœ am
the tier ~~a.... In regard to pege 3, Pro,,,.,inre&, he
stated that nm:e thIIn six Da1ths is r ::1e<:i as a
stabilizat.ian pericxi. In regard to land use, pllI'ticulðrly
pege ID-7, he felt that allowing 125,000 sq. ft. for a
power retailer was a lot of area and felt a locatiat sbJuld
be identified.
Ann Anger ackiressed 0Juncil regardil1g the City's bli~
prct>len and expressed cxnoern that this is not included in
the General Plan. She stated blight has a place in an
envirtnœnta1 study and referred to an article she had
previously subnitted.
'!here being no other ¡:OOlic inprt:, Ma:yor Szalx> brought
discussion to CoImcil.
þ
-13-
HINUTES œ 'mE REUJLAR CITY CIXJN::IL MEE'I'DG œ IECEME!ER 7,
1992 (CC-84'i)
Following discuasion,
preliminary decisions:
Majority çroved Heart of the City; çroved the table
00 page lli--6 00t requested a flX1luJt.e sOOwing that r.œ
takes precedence; ~ the table OCI page W-7;
~ offiœ/industrial priorities; ~
residential devel.¥..,.,l: priorities; directed that staff
provide aàtiti.Jnal infonnation regarding excess
developnent 00 page W-18,
Council made the follOlo"Ïng
It was ITDved by Counc. Sorensen, IIo::u....1ed by Counc. K/::g)el
am passed with Counc. Dean am O:>làllan dissenting, to
autOOrize building heicj1ts of 60-75 ft. for the Gateway
Project en DeAnza Boulevard fran Mariani Avenue to Highway
280,
ci t;y Attorney Kilian ¡x>inted out that this is a preliminary
decision that oould be changed when the General Plan
returns to Council.
During d.i.so.1ssion Council also, by ca1SeIISUS, mgx>rted the
rea:mnendaticns as pr :aEht.ed in pages lli--27-31 regarding
hillsides. '!bey ùso ""'i'1."",sed suw>rt for pageE' H-24 am
25 with Policy 3-37 reduced to 10%, (Counc. Golàllan am
Mayor Szabo did not suw>rt this,) ColInc. Dean stated a
preference for 0%, 00t felt 10% was better than 15%,
Council also suw>rted Policy 3-39 all.,...b! to include 2%
fee for JTDre than seven units if building housing is not
feasilile.
In regard to the Circulatioo elenent, Council requ.."'ßted
thai; Figure 4C en page 1 be very clear that there would be
00 JTDre than a 10% dis'DUIlt. 00 Tier 1. Council furt.her
directed that any ordinance prq¡t'red has to be very clear
am specific regarding intent,
Director of Public Iobrks viskcvich did cautior. that
cœpanies are roncerned regarding the ability to ~
financing when there is a reference to the possiliility of
revocatien of use pe..l'"JI1i.t.
Following cii..saJssion regarding a general bli<j1t ordinance,
Council directed that staff place on a future agenda
discussion a.-d direction regarr'..ing a <-Ü1i-'1.d1er'.'Üve blight
ordi-'U1Ce, Staff was directed to look at other cities'
ordinances am include in the report what 0Jperti00 has
cbne in this area.
-14-
MDI11ES CF 'l1IE RI!G1LAR CITY rnH:IL .......:L".L1'C CF I~: ~ _w 7,
1992 (a::-849)
M.lu"D!A:J.wAL JH) srm APFHMU. aHaTŒI!: APPLICATICIIS
24. Nœe.
tH'INISBED BOSINESS
25. Nœe.
NEW BOSINESS
26. Review of }'1.~"" for amp1iønoe with J\Jœr.iams with ADA
Di.....h;1ities J\ct of 1990.
<a) Reøolutial No. 8805: "A Resolutial of the City
axmcil of the City of 0Jpertin0 Estðblishing en
AJœriCIIDS With Dj sab; 1i ties Jict Transitia1 PlIID -
FAri 1 ; ties. "
Following review of the L'¥'LL by Aøøistant to the City
MIIDIIgBr Brown, it _ IIDII'ed by Q:Iunc. Jrqpel, s.:.u...a.It..l by
Q:Iunc. Sorensen and I"'aøecl UDIIIÚDDUsly to ~ the
:resolutial.
27. DÌSCU8sÍa1 and directia:1 reg¡mlinq an/off l.GI¥' £ran
HicþrIay 85 directly anto the DeAnza CÐllege œI1pJS.
lh"",. Golàœn and DeIm said that this _ hiring brouI It to
(): o1rV"; 1 for ~......... of the ~. CkIuIril felt that
as la1g as there _ no siqrifi.œnt use of cstsff t5.me, it
was CIt¥1.UJ:11.iate to <XJIJtiJme meetings œ this r;ubject.
Gn...l.u Frolidl 1202 BelknBp Cbn:t, s..'Ùd this bs1 been
shll'i;ed about four yærs alp. He aøb."Ò if Cbmcil were
looking at both direct '0 am off I'8IIp8. K" stated that at
the or; tp nA1 time of review, CalTrans hb..-i said it ..~
illegal to have L~'" «ping anto private prq-....Li. '!he
amuittee amcluderi there ccu1d be no direct L~. A
parking lot is in that location œ the """'f"JS at this
tine. He requested any infoImati.cn or l.~Ls œ this
matter and stated he still had the àx:uInentø £ran the
previous tit ~'~6ions,
29. Ca1sideraticn of DDratoriun œ h,; 1tijng for hillside
lots.
(a) Reading and enactrIent of urgency ordinance No,
1614: "An Ordinance of the City Cbuncil of the
City of CUpertino Relating to the çlicaticn of
Interim zaùng Regulat.i.cx1s in Residential,
Agricultural and ~i-Public Zoning Districts
I.oca.t.ed in ~;fic Hillside Areas, and Declaring
the urgency 'lbereof, and 'ldking Effect
I:rrII'ediately. "
Res, 8805 adoptee
Hwy 85 ramps -
DeAnza College
Hillside bldg"
MDVŒS CF 'l1IE REGUlAR CITY cx:ucn. ......J.'llC CF IECI!1~, 7,
1992 (OC-849)
Direc:tar of Cc:m1Imity Devel,¥I"""l QMm reviewed tht!
urgency o:rdinIInœ with Cœncil.
Cbmc. Go1åœn requested ~es of the l.qAJ1.18 Mr, Frolid1
had reg!IZ'din;J previous investigatioos into nmps £ran
fW11way 85 directly <Xl DeAnza a!IIpJS. (City Clerk's Note:
Cbmcil amtinued disœssioo <Xl Itan No. 29.)
By CD1BeIISUØ, Council <ajl.o:o::J that ðIIY JIDratorium be p]aœd
<Xl the Inspiratiœ Heights area only.
City Attorney Kilian said this urgency ordinanoe would be
effective only 45 days and oauld be cauco..hl when a public
hearing is cooducted.
It _ IIDIIed by <bmc, Kc:gJel and &c........hl by Mayor Szabo
to CDlSider a new urgency ordinance including 1,000 sq. ft.
am Inspiratiœ Heightø area only. QJuncil ~.,..øed
cxmoem J:egIIrding 19)1icatiœs in the ·pipeline·.
0Junc. Golàœn, Dean, and Sorensen requested that there be
public input prior to ðIIY vote <Xl the JIDtioo.
Demùs Nest, 10670 0:>rcDIIa Road, Inspiratioo Heic rt:s, said
he felt that the ~~l being disœssed c:a.llie:eæø the
issue, He ~_sed ðy.Lcca.ICtìl with the ordinanoe am feels
it related to safety in the area.
Barl:Jm'a Nest, 10670 0:>rcDIIa Road, Inspiratiœ Heic rt:s, said
that the disœssia1 1oI8S related to Inspirati.cn Heic rt:s am
not hilløi.des in general. It is a safety issue. She urged
that QJuncil vote for the 5œnd&J ominanoe 1614.
Barre Barnes, San JUðIl Road, stated he is the owner of
IDtus Deveh.p..,ul, which has four projects in the
pip>1 ine, He feels he is about two ¥geIœ £ran getting his
P"'""its. Grading plans and other åx:\Iœnts have been
sutmi.tted to the City. In other llU1.aloriœÐ, 19)1icaticns
in the pipeline have been 1M-l.AA:t>sed. He stated that it
100lœ liJœ IDtus Devel,¥,c.ìl will œ. the only 19)1iœtia1s
affected.
Stevm Haze, San Juan Road, said he generally 8IJRX>Its the
alternative ordinance. He is in favor of mderly
cIeve¡''I.''~'L. He suggested there be sane type of means to
get 19)1icaticns through the pipeline in an orderly
fashioo. '!he lots i;' the area are substandard ones. He
~1.ls a soluti.a1 that weicj1s the public interes+-..s and
cxnoerns .
-16-
þ
MINU'lES Œ' 'DIE RmJIAR CITY CXUiCIL ~ CF ....c<..~. 7,
1992 (a::-849)
Mr. Bames, in respca:1Se to inquiries by counc. DeIm, stated
that œe of his a¡:pliœtiœø _ sutmitted in 1991. He has
ud..., p1llDø in aocordImce with City requests,
City Attorney Kilian pointed out that a¡:pliœtiœø n"II'ld be
delayed up to b«) years.
Mr. Bames said he had received IX> notifiœti.œ of
<XXIB.i.cIeraticn of this crdinIIDce, Wt had heard about it i.'l
yc.....:Al ccnversation, He _ inf().LJI~ that official notice
_ not necessary in this case,
þ
'!he IIDtia1 _ defeated counc. Dean IIDd Kq:.pel dissenting.
(City Clerk's Nate: A 4/5 affiImative vote _ necessary
as this _ an urgEncy ordinance.)
counc. Dean IIDd Kq:.pel stated they 'oICUld '"W'-<Ne the
ordinIIDoe if it ~ a¡:pliœtia1S alre!w:ty sutmitted to
the City as of this date.
By CD1SeÐSU8, QJuncil requested that an urgesx:y ordinIIDoe
for IIlsi>irati.on IIei.qlt& œ1y, IIDd Allowing that
a¡:pliœtiœø alre!w:ty in the pipeline be pL~sed am that
e¡.. ,.,.oÛa1S include 20\ of the structure instead of 1,000
sq. ft., be placed en the agerr.oa for January 4.
30. Selecti.cn
District
meeting.
of date for joint City OJunci1./SdDol
Boards/Camunity CÐllo;¡e District BoBrd
It _ IIDIIed by counc. Golànan, e.eu....Jt:,J by Cbunc. Dean and
passed unanimJw¡ly to select January 8, 1993, 8-10:00 a.m.,
at FLocau..-iL thia1 ~ ScbJol District office as time am
place for ~;" 1 meeting.
WRITmN CXHDlICATIœs
31. None.
œonwo:s
32.
8ean:i reading and ena",ullCI,L of Ordinance No. 1613:
"An Ordinance of the City Cbuncil of the City of
CUpertino Authorizing an hllCl..}¡lCIlt to the Ccotract
Bet\Ieen the City of CUpertino and the BoBrd of
Mninistration of the California Public Ð1ployees .
Reti.raœnt Systan..
þ
-17-
-
2nd reading
Ord. 1613
Ord. 1613
enacted
.
Closed Sessio
.
MINUŒS œ 'DIE RI!GJIÆ em <DICIL !£ETOO œ ~ 7,
1992 (OC-849)
It was IIDIIed by Coonc. 1&IP"1, ðoouA..bi by Coonc. Q)1~
am ~9øed nrvm;'Ir~JØly to read oroinIIDoe No. 1613 by title
œly am the City Clerk'ø ræding to CCI1S'""..itute the '"" ...t
r--t;"'J thereof.
It was IIDIIed by Coonc. Kq:pel, ..........Jed by Coone. Go]~
and p"agecl UDIIIÙJJDJSly to eDIICt oroinIIDoe No. 1613.
PRmrl'1'ICNJ
33. Nooe.
STAFF 1œt'UCJ.~
34. Oral ~~Ls by staff .._..I~I.It'.
'BJere were no oral 1."I'UL Ls.
35. Status l."I'ULl en P.l...."'L....1.}' P'aDn utility inprcMment.s.
Cooncil received the L"I'UL l.
a:ncn. 1œt'UCJ.~
36. Mayor Szabo stated that at the Mayor's ~, the
Library 0-;_ia:1 L"'I& s_Lati.ve said that the
Chnn;-ia1 wuld liJœ a joint Jœeting with Q)uncil.
Also at that ]n..........., the Public Safety Cœmi.ttee
1.C¥1. B il4tÏ.ve subnitted a 1."I'UL l regarding traffic
si""",1A.
By a:mserI8US, Ccuncil set a joint meeting with the
Library o-i-ia:1 for ,"iAm","Y 26 at 7:30 p.m. '!he
City Clerk will CDIt:ac:t the Library 0-; -ia1 and
Bl..;.... Snyder reg¡miing the date.
At 11:25 p.m., City At.t.u..ucj' {;Han anncunœd that O:,n.".i1
will meet in ,..1, Be:! _ia1 reg¡miing initiating
litigation. '!be 1M-~l}' imIolved is 112M Ibmt Crest
Place, i'1.~l}' owner, Mr. and Mrs. M:Id1ele.r8 (GolA:....aucu:l
Code Secticn 54956.9(c).
Cooncil :œc:x:nvened at 11:30 p.m.
It was n.'OIIed by O:J\~. ~~ :n, ðoouA..bi by Coone. lfq:pel
am p"ageCi unIUÙJ1DUBly that the City Attorney 1M-'-.çeeñ with
civil lit.igal;ien and CDIt:ac:t i'1.~Ly' owners,
'!be meeting was b.1joumed at 11:35 p,m~ -
~£~ ~~
Citydl"~- í7 ~ ~
-18-