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CC 01-07-91 : "'' t þ þ Cl'lY OF aJPERl'Da), STAn!: OF CAI..IFtRŒA 10300 '.L~ AVEJIUE, CXJPERl'I!Ð, CA 95014 'lEU:RDIE: (408) 252-4505 MnV1'E9 OF 'IHE REXIJIAR MEIi:l'DÐ OF 'IHE Cl'lY ~ HEW æ JANUAR! 7, 1991, <XOCIL CBAMEIBR, Cl'1Y BAIl. 10300 '.Lut<t<IS AVPHJE, UJ!'J!õK.L'~, c::ALIFœŒA 00-804 SAWm m '!HE FU\G '!be meetin;J was called to order by Mayor Pro ~. Sza]:x) at 6:45 p.m. R>IL CAIL ccunc. P... S' .e.:t~: Goldman, Rcge1:s, Sorensen, Mayor Pro ~e Szabo CDmc. Absent: Mayor Kq:pel staff PL S H«': City Manager BI:tJWn City Clerk Cu..uclius Direc:tar of Public Works ViskrNidl Director of l'nnnI"1ity DeIIel___ìL CÞoran Direc:tar of Parks and Recreaticn DCJWlin] Assistant to the City Manager BI:tJWn Direc:tar of Fi.r1ame Snyèer Public Infœ:matien Officer R:I:ey Boosin] and Services OXIrdinatar Harlin] As,,«,iat.e Planner Wordell City Attorney Kilian Iœ'I'RJŒJÐnS - )j.....1"'$icn reg¡u:din;J a ~"7t n--ittee to JarJJary 22 (Item 14). '1be OŒISideratien of a 91t'1gPt n-o-ittee will be <Ii..... ,'" at this meetin;J. CEREH:JŒAL Wu·.LU<::) - PRESENrATIæs - Ncne. -1- . HINUl'ES OF '!HE .JANUAR'{ 7, 1991, RÐ:;UIAR Cl'lY c:x:vNCIL MEETIN:; (cx:-ø04) CRAL CXHIJNICATICH3 1oI1itelaw wright, 10325 sta1ydale, 0Jpertin0, cdch. rged CDmci.l regardirJ;J a petiticn sutlllitted pertain1DJ to the 0Jpert.im Sports Center. He urged that CDmcil oawider q:¡eratin] of the center as a mniciI"'l facility, ~ was Cþticn C in a previous staff L"'¥JLl. He ~"""ted the City try that for ooe year. Director of Parks and Recreation DCJWlin] state1 that c:þtiooe A and B will be 0CIIÚ1r:J thrt:u;Jh the Parks and Recreatien ChmIi....1.oo and then to the City Camcil. Mr. wright wa£I infcmœd that t\o'O ocuncil,,-.~«rs are cw.Lt:IILly servin;J en a OCIIIIÚ.ttee \o'Ork.'\n;J en a Pø' .....11I!l1t plan for 1.-'36 of the 0Jpert.im Sparta center. 'Ibis tv'I'IIIIIi ttee is takin¡ pmlic iJpIt. 'l11e next meetin;J will be JêIl'I.IiUY 8. Mr. wright was urged to ocnt:act Mr. DCJWlin]'s secretazy for an çpoL.L.uc.IL to <àh.-s the oamttee. . Doo au:r...LL, 729 stendhal lane, 1\_.~ c of the Santa Clara Valley Bicycle '''1sod.atien, t'li.....·--ed the relative daJ."...... of bicycle rtIUtes. He reviewed OJpert.im's bicycle lCICIfB as existin;J ani ~. yo.: sed. He state1 that he will be sutlllitting a detailed }'L' \. .....1. Mr. visla::Nich inf~ hlm that a bike raxte will be included in the General Plan Tra."'ISportatien Element. <nISENl' c:AI.ÐmAR Consent Calendar CDmc. Rcge1:s requested the remaval of Item No. 1. It was IIICMId by CDmc. &u.......l f!'l1, St:o(M.:1t.d by o:nmc. Go1.dmlm and l"'e-ed l.InIUÚJIDJsly (4-0) to a¡:prtMI the balance of the CCInsent calen:Jar as ...,hBittec1. 1. RemaYed fraD the 0..._ IL calen:Jar. 2. Resolutien No. 8309: "A Resolutien of the City Camcil of the City of 0Jpertin0 ~ TnIck safety." -2- . MINUlES OF '!HE JAtIJARY 7, 1991, RÐ:mAR ClT'l c:xn«:IL hu;nI«; (0::-804) 3. Applicatioo for Alcoholic Belt.......".. <l..,LLul li...--1_: (a) .....- «:It Bar and Grill, 19980 Hc:mestead RcI!Id. (b) Tin Tin Market, 10881 S. Blaney (anmal r...-l1al; no chan;Ie in c:peratien.) . 4. Resolutioo No. 8310: "A Resolutien of the City CDmcil of the City of Cl1pertil'lo Allc:JWin;J O&rtain C"l..i.- and DeIIIaros Payable in the A1Ir:Junts and FraIl the FUnds as Hereinafter Described for Gena..cù. and Mi..scel1anecus Expen:litures for the Period Ðxlinq D·"(-..I....r 14, 1990." 5. Resolutien No. 8311: "A Resolutien of the City CDmcil of the City of 0Jpertin0 Allc:JWin;J certain Cl..i.- and DeIIIaros Payable in the Amc:unt:s and FraIl the FUnds as Hereinafter DII!scribed for General and Mi.soel1aneoos ExpeIilltures for the Period ~ [Ie.=-~ c- 28, 1990." 6. Resolutien No. 8312: "A Resolutien of the City CDJncil of the Cit'.l of 0Jpertin0 Allowing certain C"l..i_ and DeIIIa1'åI Payable in the Amc:unt:s and trail the FUnds as Hereinafter Described for Salaries and Wages for the Payroll Period Ðxlinq n...:-..lc- 18, 1990." lTEH'3 REXI\1ED m:H cœsmr CAU2mo\R 1. Resolutien No. 8308: "A Resoluticn of the City CDmcil of the City of 0Jpertin0 Declarinq Intent to ccnmct a Public HeariJr;J <l..---.uin] a NI.1i.saooe at 10175 Patter'S Hatch. " Mr. Cowan stated that this was a safety item. It was IIICW8d by CDmc. ~s, secxn:1ed by CDmc. s........_8n andl""'eged unanhx:IUsly (4-0) to adept Resoluticn No. 8308. RJBLIC HE:ARIOOS 7. ~liœtien 1~-90 - Review and updats of backgroorxi data and policies of the Housin:J Element of the General Plan. (a) Resolutioo No. 8286: "A Resolutien of the City CDmcil of the City of 0Jpertin0 Approvinq Amerd..Eòuts to the Housin:J Element of the GeneIal Plan." l-GPA-90 - Housing Element -3- MINJl'ES OF 'DiE JANUARY 7, 1991, REaJIAR CI.'IY cnJNCIL MEEI'I!G (CC-804) Ms. WOIàe1l told CclInCil that this ð.aIIeI.œ.....jL is mcstly a teåmical up:Jate and br~ us into OCIIpliaroe with the stats law. Ms. Norlin] reviewed the ha..1sin:J PL<.yL_ in the City of QJpertino as wall as varioos job ,..1 "....ificatiŒlS of City eapl~ and approximats salaries. Affordable boosin] is defined as no lOON than 30% of OOUsebold incctoe. Ms. NorlinJ stated that the City's voluntary ~<.yL"'" is not ~. Her r.taff is reo ........din]: 1) Try to get boosin] cn-site wheneVer possible. 2) Get land and develcp it thrcu;Jh a rø~ofit aqerc¡. 'lhird choice is a boosin:J mitigatien fee. Nancy an:nett, 729 stendha1 lane, L~ is: I d:.1n:J the League of Wallen Voters of CUpertino and 5umyvale, read a 1.... .. ,ltatien regardin;J thP. League's positien in favor of affordable hoosinJ and iJIprovin:J the jobjho.lsin] balance. MarX Kroll, 20300 S' -",,'ens Creek Bculevard, said there is no questien that tl"" Valley m-~'" boos1n:J to remain ......c......J.œlly viable. '!he questien is who is <:JOin] to pay far it. ~tever the sc.l\..'tien is, it r -~... to be fair. Al! shaJld share the load. ~ jà:s are ~, it is fair to require a solutia1 to boosinJ. E\Ierya'Ie n: -1.. to share in the solutioo. Ibil Zeitman, 22907 cricket Hill Rœd, ~ that Camcil provide ha..1sin:J in the Vallee expansioo. JaIm Endicott, Westfield, said he does not feel that Westfield shaJld have b pay ad::liticnal ha..1sin:J mitigation fees. Jim Eller, attorney for Vallee, said other cities with _11.. require no fees or partial e:--·t'UOO for retail devel~d:.. JaIm Hailey, Tan:iem, Inc. , said this is a very OCIIplex i"""Ue. He UK. .....-.ded that a formal nexus study be made prior to any deteDninatioo. He stated that Tan:iem waùd .....,LLib..tte to a nexus study and provide inpJt. LiIDa Hagan, 7940 Fall CaIrt, Awle enployee, said that there are many Awle eupl0yE'8S with 50 mirnIte camutes. She also stated that the Interfaith Hoosin:J Coalition of Santa Clara County t¿lps 0CIIII1II.lters. -4- MDVl'ES OF '!HE JAWARY 7, 1991, RmUIAR CI'lY CXXJNCIL MEE:1'nC (œ-B04) It was IIICMId by Counc. Goldman, seoadbd by Counc. So1...._8I1 and pa-ed unanimcuü.y (4-0) to close the public hearin;. varia¡s ~ŒIS to be OCIISidered might include redevel"¥""liL, equity sharin;J, and rEÇ.lirlrr;J ",iYlOt'l use with hcusin], not rentals \/hen new offices dwe1q>. It was mcved by CDmc. Goldman, seoaldlod by CDmc. Sorensen and pa---eli unazú.JrøJsly (4-0) to ðwLU'i8 the granti.n:¡ of a Negative no.-.l aratien. It was mcved by CDmc. Goldman, sec....å.d by CDmc. Sorensen and f""e"'-"d unan.iJDcusly (4-0) to adc¢ Resolutien No. 8286. S. Applicatioo Sl,004.151, City of Q.Ipertino - Preliminary review of }oIL~ ... eed amm.œ.....IL to Ordinance 778, care, }oIL s arvatien and nIDCMÙ of sign.i.ficant lL u. (a) First reading of Ordinance No. 1543: "An Ordinance of the City CDmcil of the City of OJpertino 1I1DeJñirJ¡ Ordinance No. 778 Relatin;J to the Care, Preservaticn and Reacval of Significant Trees. " Planner I Bjurman reviewed the }oIL' i"~ sOO orãinance with CDmcil. Dean sayre, 10805 Scuth stevens Cëmya1 Road, SlL"".1t'1I1Sly c:bjected to the orãinance. CQlrtenay Heater, llll Milky Way, said that if the orãinance does not create a cancv.i in Q.Ipertino, then maybe it is not the right ordinance far CDmcil to enact. Nancy Hertert, San JUan Road, said she feels there are bolo OŒISideratiŒlS, the size of the tree and the significance of the tree. She mged CDmcil to include oak LL H and e:xpl--ed SI1PPOlL for the }oIL.¢"d ordinance. It was mcved by CDmc. Sœ::.!Len, M.....å.d by CDmc. Goldman and p"ø-ed unan.iJDcusly (4-0) to close the pmlic hearin;J. CDmcil t'li"'C',e-ed varia¡s ~ŒIS regardin;J the orãinance and reaà)ed a CQ_ aœus that baritage¡signifiœnt tree protectien1llaÙd be ao "!.able. Following t'li.....''''$ien regardinJ privacy, Mr. Cowan stated that in the pIISt the City has used the philosc.pty that if privacy is prc:i>lEIII, plant en yaIr }IL""l-""LLi'. -5- Public hearing closed Neg. Dec. granted Res. 8286 adopted App. 81,004.151 Trees Public hearing closed . Nuisance- McClellan Sq. . . MINtJI'ES OF '!HE JANUARY 7, 1991, RmJIAR CI'lY a:uNCIL MFEl'I}«; CCC-804) Mayor Pro ~.. Szabo and CDmc. SuLaL õ!n said they waùd work together to CXI\I8 up with saae wcràin;J regardirr;J the privacy issue. It was IIICI\/8d by CDmc. Goldman, secxn:ied by CCUn::. Rcgers and l"'e....;! unan.iJDcusly (4-0) to direct staff to expand the cw.L....L ordinance secden regardirr;J heritage¡significant tree p:rotectien and to have Mayor Pro ~. Szabo and CDmc. Sorensen suklnit ~ ·,··-.œtioos regarding the privacy issue. It was IIICI\/8d by Counc. Goldman, seoooded by CDmc. sorensen and rase'Bd unan.iJDcusly (4-0) to recpm the pmlic hearin;J and cx:nt.irue this item to February 4. ~: 9:00-9:10 P.M. 9. Hearin;J to CCI'1Sider abatement of J'Alisanœ at !t:Clellan Square Sb:win] Center; northwest '-A.IL'..,r of DeAnza Bculevard and It::Clellan Road. (a) Resoluticn No. 8313: "A Resolutien of the city CDmcil of the City of 0Jpertin0 orderin] Abatement of Nuisance at H::Clellan Square; Northwest Corner of DeAnza Bwlevard and !t:Clellan Read. " Assistant to the City Manager BI:tJWn pr, S lilted the staff reo ....-'X3aticn and inf~ CDmcil regëU:din:;¡ actioos that have already been taken. In re;¡ard to :t"E!Ip!Sts frail the neighbors for expansioo of the zaùnJ ordinance, deliveries to bay docks cnly, ooe way treadles, and expansien of the scmñ wall, they have not been dc:ne, nor are they rer~ -···_JœJ. '!he City Attomey told CDmcil that if the staff I'8<' ····-l'Jdatien is ag1:e....l to by eveJ:)'aIe, Camcil ooold oontinue the hearin:J for 90 days to see if the mitigatia1 measures are effective. Tan O'Da1nell, 10 Þ.l~ Boulevard, san Jose, u.¡)USJ1jtID:J Cali, said he does feel the }/Lq""'ðl is a ~e attenpt and asked if the mooitor was requested for 7:00-8:00 a.m. upcn bein;1 told this was C01.l:...."t, he stated that Mr. Cali does agree to do that. Bill Hoffman, Manager, representin:J Lucky stores, said that he is willin:J to have a mooitor fran 7:00-8:00 a.m. -6- MINtJl'ES OF '!HE JANUARY 7, 1991, RFX;UL\R CITi axJNCIL MEETING (CC-S04) upcn bei1g asked if this were acceptable, the residents of the area resp::róed as follows: Randy Nemec, no: Anne Moore, 10364 Paradise Drive, no: Gerry O'Hara, Paradise Drive, stated it waùd not solve the problem. Prior to the p.mlic hear1n:J, all these pl~ to give testi:ma1y were SIôOm in by the City Clerk (9:25 p.m.). Assistant to the City Manager BI:tJWn reviewed the entire staff l:~t. It was stated that the staff l.o4-<>rt and attaàDœnts o"ære filed with the Clerk for the J:eoord. PostiD} was done by the COde Enforœmeld:. office and cx::pies of the postin; and affidavit were ID:luded with the report. Anne Moore stated that garbage picloJp at 0Jpertin0 Joe's Restaurant was also a problem. It is right by her J..,.,,;h,........... '!he gmbage truck came at 7:00 a.m. that morning. Randy Nemec. }'L II "Led pictures and a log of ordinance violatia1S that he has L"'i'U'-t.ed since Nc:7IIeDiJer, 1990. He stated that the log is in bath his and his wife's handwrit1n:J. He also presented negatives of the pictures and stated that the ¡.tIatœ relate to .instances noted in the booklet. In regard to a mooitor 00 location fran 7:00 to 8:00 a.m., he stated that this a firger-in-the-diJœ ~. Incidents ha¡:pen arcun:l the clock. Trucks are cnly 70% of the prablem: they are loud enoogh to waXe the neighl...JLl.....d and keep the peq>le up. It's like livin:J next to a highway with trucks p1l1in:J into the alley and ha1kin:J hems. 'Ihere are small bread trucks and cbJble car t.."UCks. He thanked Mr. Cali, Council, and Ms. BI:tJWn for their efforts and stated it is not as bad as it was. '!here is abaJt ooe prablem to day of ooe type. He requested that CDmcil solve the prablem and that they hold lJJc:ky's aoocuntable. He asked for a ooe way treadle because cars and trucks 0CIIIe the wra'XJ way ha1kin:J their homs. He urged Q:Juncil to ban the side parJdrç lot fran traffic fran 8:00 p.m. to 8:00 a.m. In additien to trucks, the ather 30% of the prablem is l1Jcky eq:loyees usin:J forklifts, havin;J beer puties in the parJdrç lot, and plaYin:J football in the parJdrç lot. Mrs. PiCXXl'1e, 10434 Paradise Drive, said there have been BaDe iJIpraI'emeItI:s, I:ut feels that tl&! monitor will not stq¡ the remainin;J problems. On November 2l, at 13:20 p.m., there was a l1Jcky truck left in the alley; November 24, a garbage truck was in the alley at S:05 a.m. WiJ'x3aNs and floors in her haue vibrated. On Deo "".~ er 1, there was a gart::l/Yje truck at the gate at 8:04 a.m.; t"l1e gate WcIS not ~1 and tœ truck sat there with the motor ruJ'1I'Ù.n3'. -7- MINUœ3 OF '!HE JANUARY 7, 1991, RÐ:;UlA~ CITY a:xJNCIL ME:E:rIR; (CX::-804 ) Ms. Brown asked if there had been prd:>lems with garbage trucks since Deœmber l. Mrs. PiCXXX"le said no. upon bein:J asked, she stated she has lived there since 1976 and when she l!OVea in, the store was already there. Bill Hoffman stated that on Deœmber 1, the garbage tru::k was in the parJdn;J lot and not in the alley. Edward PiCXXX"le, 10434 Paradise Drive, clarified that the truck was on the sooth side. He had lcx:1ged a cœq:>laint and went into the store. When he went through the check stand, the gentleman said (Mr. Pi=ne pointed to Mr. Hoffman), "Aren't you bein:J picay¡mish?" Gerry O'Hara, Paradise Drive, said that on the weekend before 'Ihanksgivin:J, the garbage truck was there prior to when the ordinance allCJWS it to be there. It then went to OJpertino Joe's. '!he s¡.-'rer was sweepin;J the fra1t parJdn;J lot. He will no lorr:¡er SIo'Eep the back and the side because of CCIIplaints. '111ere is ~ noise to rattle þn'S?8 and step oonversatioos. '1h.1rsday mornin:Js, there is a lcui electronic noise a good part of the mornin:¡. Ms. O'Hara stated she does awJ:..,.,;iate Mr. Cali and Lucky's for plttin:J up the fence. '!he side yard is a problem, as is the recyclin:J statien Wi.ch creates more traffic. She waùd like a la.r chain or post at night to step traffic. In regard to bakery trucks, they are su~"pœeð. to make deliveries in the front. Also, it is su¡:p:>Eæ to be a one way alley, north to sooth. Another neighbor, Sally Frerx:h, wants limited deliveries en Sunday. Ms. O'Hara stated she did live tllere before the store W-dS J:uilt an:l she is tired of fightin;J this. 'Ihcmas O'Donnell, attorney, said the Calis have tried to do what they can. I.LJcky I S is the tenant. When the Cali family i:x:Ju:3ht the center, they also i:x:Ju:3ht tht~ lease for the market. Keep in mind that regardless, the Calis are not the saJrce of the noise. Fashion a .:.=tE!Lly so that the Calis do not bear the œrden. '!his is a lorg lease and contains a series of renewal options. Ron Cali, representin:J the property owner, stated '':hat the lease runs until 1999; then there is a series of options for 25-30 years. The options are up to the tenant, ;"XJt the p~ owner. Mr. Cali stated he has been told by staff that sweepi..~ the front before 8:00 a.m. is perrnissibl". -8- · MINU:ŒS OF '!HE JANUARY 7, 1991, RmVIAR Cl'lY axJNCIL MŒl'I1Ç (00-804) ~.a. Brown infcmœcl Ocuncil that typically, .. "£in;J is dc:na before the stores are open am the lots are still eapty. Hr. Cali stated that in œganI to the recyclin] biœ, he T,CIIùd be Dme than hçpy not to have ta'lm. Isgislaticn does IeCJlire that they be llVAibh1e. 'lbe Calis did pay far the gates; the maint:s!Imce is shared by the tenants. IJJCky Stores waùd pay for a mcnitor. Hr. O'Da1nell stated that this II I--n ..1.1tmted '--. 'lbe Calis do have limit:aticns. '1be oost of Wat is dc:na far (' ,. " areas can be appartia1ed; hcwev&r, the prI~ty owners are severely limited by the lease. Hr. Cali stated that clcsin] the side area waùd bo r. nightmare. cars t'Y1Il1d be '?C1œd in. Hr. 0' Da1nell stated he does feel there waJld be a pral:lem if this center had its pu:Xin;J limited and athBr cenl:41rS near residences did not have that same limitatien. · Ms. O'Hara stated she wished to ask Hr. Cali if he Cð>n limit the awe ,per time. Hr. Cali stated that the.. VI starts at 8:00 a.m. and is there until aboot 9:00 a... Ms. O'Hara asked if, in œganI to the mrth siào parJdn] area, it ooold not be lCX'Jr-'l off whom the stœ:e closes arcurñ 11:00 p.m. Hestricted pañdnj signs a:uld be posted. · Hr. Cali ~-ted she ask the IJJCky pecple if that were a viable ~en. Ann .......... asJœc! Hr. Cali 1Ðy the low em of the fen::e 00::1111(1 not be rooi....t'l as per the other em. She presented pictures taken frc:m her yard. Hr. Cali said that takin;J down the fence and reI:Juilcili'ç it waùd be required. 'lbe t'L"'t'"'Lties step down. '!he fence is six feet high en the shcg)in] center side as required. Hr. Nemec asked if in regard to other situatiŒlS where residences .back ooto 'JoL~y stares, hew many of these stares have had aooostic:al S~11r'l;.... 'Which state there is a prai:)lem. Hr. Cali :replied that he did not J<ncw. -9- \ MINUI'&S OF '!HE JANU1IR1{ 7, 1991, RmJIAR CT1"L CXXJNCIL MEErD«; (œ-s04) Ms. BI:tJWn &aid that there had been no study regardinq PH MarIœt, b1t there have been rrnp1..i'1ts. other· . -, cl.al centers, IR.1å1 as '1be CrœsroIIIds ~ Mervyn's is located, have deliveries ~ l'D't-hIsiness hcurs. Bill Hoff'Jœln, Iüc::ky stares, said that he has been there a year and œver received deliveries dL1rin1 restricted t1meø. He feels he has taken care of neighbor OCII{Jlaints. He will put a mc:nitar Were he had ptevialsly t_·1.·....arily put shcßIin] carts to block the area. 'Ihe mc:nitar will tell drivers that they c:annat enter that portien dL1rin1 z....LL 1cted tiJDes. Ann K:xn:.. asJœd Mr. Hoffmm1101here he had received authority for fJ:a1t door deliveries. Mr. Hoff'Jœln stated that there is an autaœ.tic payIB1t system at the back door for trucks that do not beloog to Lucky MarIœt:s. Mr. Nemec aø)rat'I Mr. Hoffman it he was stat.in] that there were no deliveries before 9:00 a.m. since he had been there. Mr. Hoffman said that nooe had been a<:X:""i·led. Mr. Nemec said the prà>lems~.re not ocx::urrin¡ with I1.Icky trucks, b1t with other trucJæ. Mr. Hoffman œ.;¡.~ that he did not have direct <X:IoiUvl over: these trucks. Mr. Nemec asJœd it lit'. Hoffman knew of a solutien. Mr. Hoff'Jœln replied he was not sure, b1t they wa1ld try a mc:nitar far the ŒI8 hour period. CDmc. Rogerlil asJœd Mr. Hoffman 1oIho makes deliveries to the frcnt of the store. Mr. Hoffman replied that I1.Icky's own bread tn:ck does and also the """Y'~ine man. Ms. O'Hara asked if Iüc::ky's has sent letters to drivers regardirç restrictioos. Mr. Hoffman said yes, he has; it is also listed en the driver's log. A letter had been sent just a few ucnths ago. -lD- KINt1lES OF '!HE JANU1IRY 7, 1991, REnJIAR Cl'lY caJNCIL hua'.uC (cx:-ø04) Ms. O'Hara asJœd if Inc::ky's waùd lock the JXJrth parJdn:;J lot after the store closes. Mr. Hoffman replied that he perceived a potential prc:blem in that the neighbors leave cars there. Upcn bein] asked by Ms. O'Hara if a mooitor waùd writ, Mr. Hoffman stated yes. Mayor Pro ~.. Szabo annoonced that the hearin] was closed. It was JDCJYed by CDmc. Rcgers, s..c..tœl by Ccunc. Goldman and f""ee.... unaniIrD.1sly (4-0) to find that baeed en test:imcI1y ~ Se<I,ted, a public ruisance does exist. '1be pecple have shawn they have not had reasœable use and enjoyment: of their ~"¥"Lt.y, esp9("bl1y in evenin;¡B and that en a o::I1t.irI.DJs basis. Violatioos of the City ordinance, "PEK"ially regardin;J deliveries, are ocx:urr1n:J. City Attomey Kilian reviewed ~ŒIS av>oi1able to CDmcil. It was JDCJYed by CDmc. Rcgers and seoc:nSed by coone. Sorensen to awrave staff Rec. ····-·ldatiŒlS No. 4 and 7, that the City will cite withalt wanrln:] Wen viOlatiŒlS cx:x::ur and that a gate mooitor be p,..n<>t'I at the northern parkin) lot at I1Jcky's expe11S8 for the pn:pose of mitigatin] probleas in the northern parJdn:;J lot. staff is to designate the locatien of the mooitor. '1his item will oc:me back to ccun::i1 en April 1 and, in the meantime, staff is to look at the best and safest way to close off the northern area (i~i..te1y north of the store) at closin] t.i:øIe (11: 00 p.m.) . Di~-i.cn followed regardiJ'ç potential closure of the northm:n area at I1Jcky's closin] time. ccun::i1 determined this coold be CŒlSidered at a later time. Also( at a later time, a full-time security guam could be OCI'ISidered. '!he previous DDtioo was adc¢ed ~ly by these ~ e IL ard the hearin] cxntinued to the IIII!E!tin; of April 1. PIANNDC APPLICATIctS 10. Na1e. ~ AND SITE APf9J\lAL a:M!ITl'EE APPLICATICN> 11. Na1e. -11- Public hearing closed e Simms propertyl McCle llan ¡ I Ranch uses . . MINUl'ES OF '!HE JANUARY 7, 1991, REnJIAR CIT'i cnJNCIL M:::E:l'Il'G (cx:-ø04) UNFINISHED HJSINESS 12. Ncne. HE)¡ HJS1NESS 13. OCI'Isideratioo of uses for residential structures at M:O.ellan Rarxh Pæ:it and the SÌIIIIIS FL~' Hoosin] and services Coardinatar Norlin] told CDmcil that she did have slides of the two FL'+""Lties under t'li..........icn shalld they wish to reld.ew them. She also has statistical Head of Hcusehold (waœn) :iJ'JcJaœ. Mr. DCJWlin] said that the Parks and Rec:reaticm ChmIi ARien er,,]ouœ the City's objectives regaItlin:J haJsin]: however, they officblly S\.W ILL open space """"'9P of the FL'+""Lty based en their d1arter. '!he sÌIIIIIS' p.¡.~ ly was pn:àIased as an expmsicn of the open space l'L nrve. '1be voters have shewn S\WILL far open ~. '1be ChmIiARicn feels that the l'L' ~l far hcusiD¡ is not I"Y'OIp'tible to a rural l'L S1!rv8. '1be resolutien says the þl'+""LLý shall remain a rural l'L Ei'9rV8. Also, a greater ,..-r of citizens are served in preservatien of the rural state thrcu;¡h envira1mental eduœticn and awiU0:4 - v. EnvircnDental and nature organizatioos have not had time to develcp alternate i&.~.=~1A. R:iJerta Hollimoo, Ieague of Wcman Voters, urged CDmcil allow time f0T'1Im'8 study and tTOmImity irp.¡t. Shara1 Colman, Parks and Rec:reaticn l"nIr.1i ARlen, said this is a difficult issue. She urged CDmcil keep the sites under t'li.....'....icn for L..........aticm. '!he st:ruct:ure en the SÌIIIIIS' prq¡erty 00'ù.d be used for meetin;J roans, etc. Jotn:gan Hatch, represent.in;J Innovative Hoosin:J, reviewed a l'L' 'V """J for shared hcusiD¡. Liz Brice, resident of a shared haJsin] m1it in QJpertino, reviewed the benefits of shared haJsin], such as shared expeœ_ and shared d.ores of the sin]le parent. Also, those within a hcusehold serve as a ~.... t group. '!his waùd give pec:ple an "M"'Lt...mi.ty to return to QJpertino, which prcvides good sd100ls and a good envhUIIIIIClIt. Dd..u..ah J.....i......." 0Jperti:n0 resident and envhUl.......1tal -""""tar, urged the l'L savatien of Riparian habitat at McClellan Ran::h Pæ:it. Also, this site ¡.>L.........tes garàenin;J -12- , MINJI'ES OF '!HE JANUARY 7, 1991, REX;UIAR CI'IY a:xJNCIL MEEI'J.N; (CX::-8 04 ) am ~ges a respect for q?E!I1 space. SUrrc:-.mding cities have done a lot re;:¡ardin:J nat.lre areas. She suggested that M:::Clellan Ranch Hoose be used a juniœ: ""'-.un and that the hœse 00 the s:imno.;¡' prcp!rt:y be used for adult conservatioo þL"YLCIIŒO. In regard to UI:Iin:J the structures for hoosinq, she felt this was III1 inapprcpriate use of park land. Hoosinq shalld be located in high density areas near transportatien =idors. 01arges waùd be ne e 1eð to the SimDs' prcp!rt:y to provide grwp ho.1sin:J. She urged that there be a IIUlti-step process c:Ner a period of years to stu:iy and investigate uses. She ~ the fœ:matioo of a citizen task force. Cecily Ha=is, Santa Clara Valley AuduJx,n Society, urged the simDs' hœse be used as a oonseJ:Vatian center a."Xi that a task force be fo:rmed to examine potential uses. þ Sally Brennan, ITIP..~ er of the Þ.11t'1l1hnr¡ Society, said that she thinJæ that nature walJr.s could take piace and that the houses caùd still be used for affordable ha..1sin:J. She also sugge;ted that a study take place. catherine Sleight, CUpertin::>, expressed SURX>rt for Del:x:>rah J;m,;aoo's suggestiŒlS. Ove:: 2500 CUpertin::> SC"hool cllildran are served by volunteers fran her envh",ullo=Iltal grwp. Cu.u,..Uy, g=oups pay to store their materials. 'n1ese grœps caùd pay for use of M:::Clellan Ra.--x::h Hoose and the hœse on the Silnms' prcp!rt:y. Lave Klin:Jer, CUpertino resident, urged that the sites be kept a namre preserve type of area. If ha..1sin:J were allowed there ro./, he waùd hate to see a City c::a.nx:il try to c::l1an;je it. He also urged a stu:iy ba carrluct.ed for potential uses. In 1963, the 0Jœrtin::> Courier ~blished an article regard:ÏIxJ petitioos prot.esti.n;J a su1xlivisioo at M:::Clellan Ranch Pæ:it. That petitioo was initiated by Nancy Hertert. Mayor Jewisoo said it waùd be a œrk site. t Gertrude Welch, CUpertino and Santa Clara Co.mty Council of 01urc:hes, said that rotatin:J church she! ters are beirq used for the haneless. She urged use of the b.1ilciirqs for affordable hoosinq. Nancy Hertert, San Juan Read, said the b.1ilciirqs waùd be IòCI1derful for large grwp meetiIqs an:i envirorn!'ental st1.xties classes. She also suggested that Council afPOint an ad hoc task force to review possible uses. -13- KD«.1Im OF '!HE JNalAR\( 7, 1991, RÐ:mAR Cl'lY CXXJlCL MEE'l'DG (CX::-S04) Gerry O'Hara, r.......... I'-,J oEtJ: of Paxiœ an:i Rec::reati.c:In n-o-i....ioo (1976), said that ~ she was en the n-o-i....icn there WðS drafted It plan to protect the integrity of the rural 1"- nrve ooIt::('],All"T1 Ranch Pæ:it. She urged that .it 0C%1til'.IJe to be protected. Shara:I Blaine said that the envh.........¡W groups ar8 1"-' V .1n:J an intense use of the sites. '!bat is not mainta.in1n;J a rural 1"- serve. She urged a study of VIat Jdnj of CXIISe.rVatien use wuld cxx:ur. In the meantiDB, she ~-t;ed the use of the mwOB for hcusinJ. sa. of the ccnservaticn uses BUgI]!!ISted were intense. '1be City Cleñt read Mayor Kqpel' 8 letter regardin;¡ 1"-' v:eed use into the r....u..d. Inlividual ooonci 1--.,1-00:8 """I'L-~ed the follCJWin;J: CDmc. Sorensen"""I'L -w cx:n::ern regaMiJ'q affordable hcusin]. She stated there was a need for fUrther study of the enviraIIIenta1 potential before arr¡ use is made of the S:i:aIIIs I Þ<-'+""- ty. CDmc. lLp... ~ted a plan for the cœplete use of !ok:Clellan Ranch Pæ:it, a masts]; plan. In regard to the S:i:aIIIs I 1"-'+""- ty, can::. Rogers e:xpr-""":¡ EII.JR)Ort for Mayor Kq:pel'8 ~-ted UB9 of the 1"-'+""-ties and stated that hcusin] ooolld be i,.,l__'ll.oad en an interim basis with the uOOerstarxiin:. that that ccW.d be à1an;Jed. CDmc. Gcudman"""I'L ad CCtlC..<l.l1S aba1t use of facilities ae It meetm;J J:'OCIII. He stated that he feels this wuld i"P"'"'= the envira1ment. He"""I'L _eoo ê!lyu........./t. for a master plan of the area and suggested that envircnDental groups and affœ:ñahle hcus1n:J groups meet. He su,,,,~'""ted that the ha..1se en the s:i:allls' 1"-,+",,-ty bE. used for affordable hcusin] en an interim basis and ~ the City has permanent affordablf' hcusinJ, these families cxW.d be the first en the list ~or use of that affordable hcusin]. He stated that his value system is that hcusin] is n -- for people. He also œ.;¡.....d that a CCIIIIÙ.ttee cxW.d be f... ..~ to look at a master plan for !ok:Cle1lan Ranch PIsrlt. Mayor Pro ~.. Szabo suggested a master plan for all City 1"-,+",,-tiss. He also felt Council no -W'I more time to OCI1Sider this matter. He SUÇrþ'1:ed that m ooe be mused. there in the interim. He suggested that staff 1"-~ a master plan. He stated that Council will vote en this i "'"alE at their meetin;J of JamJaZy 22. -14- KINt1l'ES OF '!HE JANtJARY 7, 1991, REX;UIAR CITY axJNCIL MEET1N:; (œ-S04) City Manager Brown a.:kh. eed Council regardirq a master plan for the site. Clü.L.:UUy, plans are bein] døv8lcpøi for the Sports center, BlacKberry FaJ:m, and F1.........d:. Older School site. Also, the City is wozid.n:J en an œ.;¡............lt with 0Jpertin0 unioo School District ~ use of additiooal fields. It waùd be aI:x:AJt 3-4 years before this master plan could be initiated. Counc. Goldman su;¡gested that peq>le live 00 both Ì'L~ies in the meantime. It was IIICMId by Counc. Sorensen, seca1ded by CDmc. Szabo and p"ea'!!Ci unanimously (4-0) to cx:ntinue OŒISideJ:'atien of this matter for t1o'O weeks. Bill Sleight, 20727 Garden crest ocurt, ~ CDmcil and expl. ~~ed cxrx::e.rn ~ the }oiL' .)<>t'IIn-e used. He asked Council to taLle the matter and brin:¡ it b!Ick at a later date. He said he did not feel the }IL"""- as fair, as sane of the pmlic did not get an "M"'L1::unity to talk. Mayor Pro ~'" Szabo pointed o.rt; that Council had oantinued the matter to their meet.in:J of JarAJary 22. 14. Dj",<,,'<p:tioo regardin:J I"""""""eity of a separats ecuncil JDeE!tin;J for the six-!lØ1th b.Jdget revixw and possible formatien of a ~1t'IgPt Call1littee. (No written L~t. staff requests OŒISideratien of Call1littee r.a 0CX'Itirn1ed to JarAJary 22.) City Manager BI:tJWn stated that staff requested di:rectien regardin; these t1o'O .tÆues. By cx:nsensus, Council detemined that the six-mcnt:h review will be oavered in the Treasurer's u::~¡VLL, Wir.h will be en the 0:I1sent calendar. ecuncil requested that staff oaœ back with t1o'O or three ~CI'IS regardin;J a B.x1get CCmni ttee. 15. Cansideratioo of ordinance amend:in;J OJpertino M.Jnic..:ipal Code relatin] to nuisance abatement. (a) First reaclirxJ of Ordinance No. 1546: "An Ordinance of the City of 0Jpertin0 AIIIerñin:J SectiCl'lS 1. 09.060, 1. 09.070 and 1. 09 .140 of the 0Jpertin0 MLmicipal Code Relating to Nuisance Abatement. " -l5- Six month Budget review/ Budget Committee Ord. re: Nuisanc abatement . 1st reading Ord. 1546 Bid opening, proj. 91-110 Restrictions CFCs . 2nd reading Ord. 1544 . ·1 MINUl'ES OF '!HE JANUARY 7, 1991, mx:mAR Cl'lY CXXJNCIL MŒl'IJÇ (cx:-ø04) It was D:MId by Ocuv::. sorensen, øea.11død by o:unc. l"J'll....'" and peB8'9d 4-0 to read 0J:'dinar0e No. 1546 by title cnly am the City Cleñt's 1':'tIadin¡ to cx:œt.ituta the first l'8I!Idirq thereof. 16. Repœ:t en bid c:penin¡, Traffic Signal Installaticn at North Tantau Averue at 'l'amBI Q:mp1ter DriV8llays, Project 91-110, and award of ,^,".LLaCt:. It was IIIOIIed by CDmc. Goldman, B6<Xt1ded by CDmc. Roge1:. and I?"''\'Hcl 4-0 to award the c....1l.......--t to Ft:nruil.n Electric in the amc:unt of $87,037.00 based en lowest bid received and to ClWLv\18 a 1St ~ for a total of $100,000. l7. Reo .,.,-, ldaticn f'raD the Energy n--i ....icn regarding i:øp:¡øitien of :t...LLlctia1s of CFCs. Courtenay Heater stated that the Ene1::gy n--i ....ien is :z:e.:..,..-'IcliD:¡ a regiooal CIWL.....d1 in the matter of CFCs. Assistant to the City Manager BI:tJWn stated that the n--i...,ien wants cnnill. to raise this iøwe at IIIII8tir9I of regiooal bodies and as.Jr..rI them to regulate CFCs in a c:xxmiinated fashioo. By ccœensus, cnnill. requested more detailed infœ:maticn frail the Energy l"roIoni ....icn. Assistant +-.0 the City Manager BI:tJWn stated that the n--i -icn does not haw teàmiœl expertise in this area. 'WRITI'Ðf CXHIJNICATIœB 18. Ncae. cemWfCES 19. Seocni 1':'tIadin¡ and enactment of ordinance No. 1544: "An ordinance of the City Cc:1I.1œil of the City of 01pertin0 A1DerI:lin;J Sectien 11.08.250 of the 01pertin0 H.micipal 0X1e, Re1atirJq to Bicycle lane Designaticn to Include Mary Averue." It was IIIOIIed by Ocuv::. Sorensen, sec:xnied by CDmc. Gol....1'1 and I?"'ø-ed 4-0 to read ordinance No. 1544 by title cnly ancl the City Cleñt's readirç to ocnstitute the secxn:i ræãin;r thereof. -16- MDI7.ŒS OF 'BIB JAlÐAR'i 7, 1991, RlDJIAR CI'l'!t' aJCNCIL ~.utG (oc--øot) It .. -""84 to!{ Cl:iUnC. &....__ --.,., -",".ded by CXIUrIC. GoJ'-" and r- t-:" 4-0 to IIIIICt Ordinancn No. 1544. 20. s........d ~ and _-..I:.omt: of ominIInce No. 1545: -An ordinance of tl18 Cit;( 0D1Cil of tl18 City of ~ ~ sectiœ. n.24.160 of tl18 ~ )b1imp'" o:dI RIlat1D1 to stcgUnq, S1:æKIin; or: ~ en OL...qa Awme.- It was IØII8d by Cl:iUnC. &....ennr, SooCDIded by Cl:iUnC. GoJ'-" and 1"'--'" 4-0 to read oräinanœ No. 1545 by title cnly and tl18 City Cl.edt's œadiDJ to coostitute the secc:ni reBdiD¡ t:.lao&...of. It was 1IlO'o84 by Cl:iUnC. &.........sen, ~ by oc:mx::. Go1t'lnlloT\ and 1"'--1:1 4-0 to eœct o.rdinMœ No. 1545. At 12:40 e..., the I88tin;J was adjcaImBd. -17- OTd. 1544 enacted 2nd reading Ord. 1545 Ord. 1545 enacted