CC 01-16-90
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CI'IY OF C1JPERI'INO, STATE OF CALn'CAIIA
10300 'UJt<Kt; AVENJE, CIJPERI'IK), CA 95014
'I'EIEHI::tœ: (408) 252-4505
MINUlES OF '!HE AD:J'<XJRNED REœI.AR t."l'lY OXJNCIL MŒI'nC
HErD eN JANUARY 16, 1990, CXXlNCIL aiAMæR, CI'lY HAIL,
10300 'rot<t<I:; AVEKJE, aJF£Rl'IN:), C1U.'IFC'eO:A
œ-782B
'!be meet.in:J was called to order by Mayor Pro ~.. JCqpal
at 6:25 p.m.
SAIlJI'E 'ro '!HE FIN;
mIL CAlL
Came. Present:
Goldman, Sorensen, Szabo, Mayor Fro ~EiI Kq:pel
Came. Absent:
MayorRcgers
staff -sH,L:
City Manager Brown
City Clerk COmelius
Director of Public iLLk.. Viskoviå1
Director of OamImity DeIIel,¥"""lL Cowan
City Attorney Kilian
Also -HIlt:
SUpeJ:visor Dianne McKenna
æAL CXlHJNICATIœs - Ncne.
SUpeJ:visor Jt::Kenna inf...., .._f Camcil that the M8t:1:qIolitan
Transportation l"'nmIi ....!at is lookin¡ at a reductiat of use
of autaDabiles in the state of califomia. In JUne, state
law in this area will bA· ..- mare œst:ric:tive t!Ian f~
law. A group of elected offj"i..1. is 1«Irtdnq t:ogøther to
reo ..··-·Ll the sb:uc:tum and å)jectives of a cx..,,-tim
management plan p¡qe....-y. !'II>pervisor H::Kenna requested that
Camei1lrleøœrs 0ŒItact her with any sugg...stiCl'lS and i1q:.ut.
It is hcped that the officials' meetinq ilill ræà1 an
ag1.""'II,:,¡jt regaJ:àinq the sb:uc:tum of the new agency within
the next two weeks. '!heir re0 ··..-ü]atim will then be
Presented to the 'I'ransportatim l"'nmIi-im. '!be City's
representative on that l"'nmIi <>sim (Came. ~) will
report back to the Cooncil.
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MINUl'æ OF 'IHE J1\M.1ARY 16, 1990, ADJa.mNm mnJIAR CI'IY
a:uaI, MEE'l'D«;
By c:x:aøenøus, Oouncil lIß'Ointed Ba1bara Frwel an,¡ BaJ:bBra
aog.. and b«) staff,. ~..t'II to fozm a ."00 -ittes to look
at the structure for '':he cx.~ 181- ~ ,L plan
aqa...-y. SUpervisor H:::l<'snM will fozward ...........~i_tely 20
of the i........ previously disc..end.
'!he III88t.in] was adjoumed at 6:45 p.lIi.
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CITY OF C1JPER1'INO, STATE OF CALIFC!I<NIA
10300 'ro.KKJ:; AvmJE, CIJPERrINo, CA 95014
TELEPHoNE: (408) 252-4505
MINl11'FS OF '!HE REX>UIAR CITY CXX1NCIL MEE:.I'!OO HErD œ
JANUARY 16, 1990, CXXJNCIL CHAMBER, CI'lY HAIL,
10300 'IOR1<t; AvmJE, aJF£Rl'IH:>, CALIroANIA
œ-783
'!be meetin:.J was called to order by Mayor Pro ~e JCtypel
at 6:45 p.m.
SAWrE 'ro '!HE f'L1\G
mIL CALL
Coone. Frese; It:
Goldman, JCtypel, Sorensen, Szabo, Mayor Rc9=.. (arrived
7:00 p.m.)
staff PMs ent:
city Manager Brown
City ClerK COrnelius
Director of Public Wœ.k.o Viskaviå1
Directar of n-m"'1ity Deve1'¥"""IL Q: wæ¡
Assistant to the City Manager Brown
Directar of Finance Sr1}'der
Director of Parks and Recreation Ccwlin¡
Public Infcmaatim Officer Rrey
City Attorney Kilian
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By consensus, Ccunc:i1 removed Item No. 7 fzaD the agenda.
CERFX:W"..AL Mlu:~ - PRESEN1M'.Iœs
Proc1woation reoogllizin¡ School Health Week and School
Nurse ray.
Mayor Pro Tellp:¡re Kqpel pJ: : s e¡/ted the ~] """"'tim to
representatives p~ sent.
Steve Ccwlin:.J aJ'Ir}aJnCed that the 10th anniversary of the
CUpertin:> Senior Center \oIQÙd be celebrated fran noon to
3: 00 p.1n., February 2. All persons are invited.
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MINUl'ES OF 'mE J},~1UARY 16, 1990, REGJlAR CITY a:uNCIL
MEEI'ING (œ-783)
ORAL a:tMJNICATIœs
Rill. Halsted, representing'i'cwn Center TownhcIIIes, OJpertino
Waterfall, and OJateau 0:Ipe.rtin0, invited everyme to a
picnic saturday Wich ~d be ooo.u:rlng m a triarx:Jle
piece of property in the Tc7.m Center. He read a press
release i .........., by the gra¡p called CUpertino watchdog. He
requested that Council reo::....ider the extension of a¡:praval
m the triarçle 'rkin;J lot. He requested this
reca...ideratim take .lace because of COurx:. Goldman's
otnflict êIIÙ the fact that he voted m the i'""'lle. Mr.
Halsted also recpested that Mr. COWan remove hi~lf !ran
the i'""'lle which he says is IXJW in the ocurt of public
opinim.
Joe Cleaver told those present that the Mayor of
Pereslavl-Zalessky and others fran t.'1at sister city will be
<:x:IIIinq SOCI'I to CUpertino.
(Mayor ~.. arrives 7:00 p.m.)
R1il Zeitman, 22907 Cricket Hill ~, said that m JIU11a%y
31, there will be a :r:ulinq m the bid of DcWIza Racquet
Club. He \.U98d that Cb1ncil keep an open mini.
Daniel Mao, owner of Ho Ho Restaurant, ad.h.-~ed Cb1ncil.
He was inf.,...-oi by the Mayor that his (.....-'11:8 will be
heard at the time of OCI'1Sideratim of his Ilßllicatim.
c:x:mmr ~
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Consent
Calendar
It was IIICM!d by COurx:. Sorensen, BeCXI1ded by COurx:. ('~"""''1
and P",ed unanimcusly to 8RJro\I8 the ('-IM4. calendar as
...,},witted.
1. Resolutim No. 8015: "A Resolutim of the City Oouncil
of the C) ty of CUpertino Proclaúúng 'I'exm:inatim of
I~ 1 ÐllertJel1CY."
2. C}..i1ll for ~ filed by I¥nn Chang. PAo....-..Jed for
rejectim.
3. 1IRJraval of miIX>r grant award as r-:.....-.rJed by the
Cable Televisim Advisory O:mnittee.
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MINtlI'E5 OF 'lEE JANUAR'{ 16, 1990, l~JIAR CIT'i caJNCIL
MEETING (œ-783)
4. Resolution No. 8016: "A Resolution of the City Council
of the City of CUpertin:> ~rovinq the Final Map an:!
Inprovement Plans of Tract No. 8249, IDeated Garden
Lane North of RainI:xJW Drive, Developer I.andmarX
Prc:perty, A california Corporatim, Accept:in;J Certain
F"'c:ÞIN>ntB; Authorizin;¡' Signinq of Final Map and
!DpI'CVeDlE!l1t Plans; Authorizing the F.vecutim of
1\greement in a........."tion 'I11erewith."
5. Resolutim No. 8017: "A Resolutim of the City Oouncil
of the City of CUpertin:> Accept:in;J A Grant of F.:o..EIII....L
for StoJ:m Drain fran I.an:Jmark Prc:perty, A califomia
Corporatim, located Garden Lane North of Rainbow
Drive."
6. SunIDazy an:! ..e---....·.L of CUpertiIX>'s respa...e to the
0ctciJer 17, 1989 earthquake. Receive.
7. Previoosly Z'8IICJ\/ed frail the agenda.
8. Resolutim No. 8018: "A Nesolutim of the City ~
of the City of CUpertiIX> Allarlnq Certain Claims and
Demands Payable in the Amounts and fran the F\m::Is as
Hereinafter Described for Salaries and Wages for the
Payroll Period Endin;r Januazy 2, 1990."
9. Resolutim No. 8019: "A Resolutim of the City Council
of the City of CUpertiIX> Allarlnq Certain Claims and
Demands Payable in the Amounts and FrcIII the F\m::Is as
Hereinafter Described for General an:! Misoe11anecus
Expen:Ut:ures for the Period J::OOinq [)oo -'~-er 29, 1989."
10. Resolutim No. 8020: "A Resolutim of the City 0:Iuncil
of the City of CUpertiIX> Allarlnq Certain M..i_ an:!
Demands Payable in the Amounts and frail the F\m::Is as
Hereinafter Described for Salaries and Wages for the
Payroll Period Endin;r ()øç....IlEr 19, 1989.
11. Minutes of the regular meetin;J of Januazy 2, 1990.
12. !b1thly Treasurer's and B.ó]et Report, ne. .1.er, 1989.
13. !b1thly Activity Report, T'II:>n:ornI-er, 1989.
14. Review of AlcOOol Beverage COntrol license a¡:plicatim
for Petrini's 10122 Barxiley Drive.
15. Resolution No. 8021: "A Resolutim of the City Council
of the City of CUpertin:> ~rovin;J Contract 01ange
Order No. 3 for Stevens creek Boulevard ~,
Orarx]e to :R1ar Lap, Project 4022."
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Bing,) permits
.
Public hearing
closed
rransient
kcupancy Tax
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MINlJI'ES OF '!HE JANUARY 16, 1990, REX>l1IAR CITY CXXJNcrL
MEE:I'ING (œ-783)
16. Resolutioo No. 8022: "A Resolutim of the City CkJurx:il
of the City of CUpertino Awrovinq <nttract 0wY:Je
Order No. 14 for t'hnrn"'1ity Center aú.l~ial
Park Expansion, Project 2001."
17. Acc:eptanœ of ttmicipal ~:
st. Andrew Annenian 01un:h - stell.in:J Road
Vote Members of the City CameU
AYES:
NOES:
Goldman, J(q:pel, Sorensen, Szabo, Mayor ~..
M:tŒ
M:tŒ
M:tŒ
ABSENI':
AæTAIN:
ITEM; RDIJVm> F1Qf cx::mmr CAI»«:M - Na1e.
IUBLIC IŒ'ARIH:;s
18. Ca1sideratim of renewal of bin;¡o pemits for 0Jpertin0
High Schools Boosters Club, 10100 F:in::h Aveme; Holy
Name Society of st. J-~'s 01urch, 10110 N. DaAnza
Boulevan1; Inte:rnatia1al Order of Odd Fellows TI"IÓ]B
1170, 20598 Haœstead IbId; Northwest Valley Y's Ken's
Club, 20803 Alves Drive.
It was DDved by 0:u1c. I&ypel, IIEICXn3ed by Counc. Coldman
ani p"'9'sed unanimously to close the public hear.in:J.
It was DDved by 0:u1c. J&tt'e]., IIEICXn3ed by CkJurx:. Gol.dmim
and l''''''S'ed unanimcus1y to ..........we the bin;¡o pemits for
Q¡perti -0 High Schools Boosters Club, Holy Name !':nc-iet:y of
st. JOSt.¡ñ 01un:h, Intematicnü Order of O:H Fellows TOOge
'70 and Northwest Valley Y's Men's Club.
19. Ca1siderati3'l of a U increase in the transient
1YY"11f'i\nCY tax (hatel/lllOtel tax) resu1.tinq in a 9% tax.
(a) First readinq of Ordinance No. 1520: "An
Ordinaooe of the City CkJurx:i1 of the City of
0Jpertin:> AIIIen:iinq Chapter 3.12, Transient
Ch-IlpaI1Cy Tax, of the 0Jpertin0 H.micipal COde."
Director of Finance Snyder reviewed his lo::¡.JULt æxl
rec......o=nðation with Council.
City Manager I3rcwn told CkJurx:il that he had been oot of the
office the previous week æxl had not reviewed the staff
report; however, he does urge them to increase t.~
transient lV'ÇIlpaI1Cy tax by 1 % .
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MINt1m; OF 'mE JANUARY 16, 1990, RmJ1AR CIT'i COJNCIL
MEETING (œ-703)
It was DK:Ned by Couzx:. Goldman, seoorrled by Couzx:. Kc:wel
an:! I""aaed unaninnJsly to close the public hearing.
It was DrIVed by Couzx:. !Cq:pel, sec:xxJded by Came. Szabo and
P"Issed unaninnJsly to a¡:prove an increase to 9%.
It was DK:Ned by Counc. Iqpù, seoorrled by Came. Sorensen
am p"a~'9d unaninnJsly to read Ordi'1anC'e No. 1520 by title
only and the City Clerk's readinq to ca'lStitute the first
readin:.J thereof.
20. Alternatives to traffic patterns within the September,
Nc::IveIIiJp-r and Orogrande neighbo1.IJOJUds and adoptim of a
~ traffic circulation plan.
Director of Public ~k.o Viskcvich reviewed the backgramd
of the i..sue. He told Council tbat the neighb01.1&AJCl is not
II1'Ial1.ÚIICQ¡ in liWroval of the pl." ('C'9d plan. He then
reviewed various alternatives.
Mazy Smith, 1015 Sept.eaœr Drive, told Council she was alP;,
speaking m behalf of her 1nIsband. 'they still WUld '.uæ
to be tied through to Stelling Road. Oriqinally, sr.e had
been told there ~ I".e no mitigatim for traffi.:. She
feels tbat the divisia1 is not in the best interest of the
~ and requested that Council leave the c:pt:ìon of
seoc:r1dazy "~9 c:pen.
Dale Barker, 882 SEpteuj:Jer Drive, said tbat he was a 1I-..oer
of a group t.'1at met many times in this matter and tbat
nothin;J will please evetybody. He stated there was a
OCIIIIIitm.....L frail the City Co.mcil and the døvelcpu:' to give
relief to sept"-.1 >èL Drive. A traffic count showed 2400
cars a day (average over three days) at 34 m.p.h. average.
He stated tbat he did favor the oriqinal plans, but that
Alternate No. 3 which was beinq Z"AO- ....-.k1ed, was a
~......tse.
Peter t:ow.e, 21167 Oroqrande Place, addressed i..........
pertainj.nq to Alternate No.3. He stated that the
Orogrande em Stellinq intersect1m was hazardous and that
the pl.. I' 'E>ð.l was unaooept:able to him. '!he quality of his
neighbol.l&AJCl is beinq.iJtpacted. ~ .,..........a is
addressed better in Alternate No.4; also, it does not
d1anJe t.'1e quality of the neighbort".ood. In his q¡Wm,
Alternate No. 3 does not guar-..ntee traffic ocntrols. He
also stated that he had the I.1OOerstarxlin the..."'e WUld be a
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Public heacing
closed
First reading
Ord. l520
Traffic-Sept. .
Nov. area
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MDrorES OF '!HE JANUARY 16, 1990, REX;(JIAR CI'IY o:xJNCIL
MEm'nC (œ-783)
neetinq to allow i.rp.¡t before the Cameil hearinq: however,
no meetin:J was held. Residents of Orogrande met the night
before the Council meetinq am expressed disëIpproval. for
Al.ten1ative No. 3 am a preference for Alternative No.4.
If the City Ca.mcil does awrove Alternate 3, traffic
controls for Orogrande should be marxiatoty. He requested a
study regardinq an exteJy'üm ot Festival Drive.
01uck Fels, 10917 South Stelling Road, ~_øed "'W'LL
for Alternate No. 4 or 1 as an in::lividua1: however, as a
OCIIIIÚ.ttee """""'er, he agLco::d to Alternative No.3. Traffic
control should be part of any a¡:proval of No.3.
Mr. Viskovich requested that any selection of No. 3 should
not be Oa1til1ge.IL m traffic control devices. 'Ihe City
policy is to IIICYe traffic. When .Jollyman is cpn, pezhaps
at that ti:IIe traffic signs ca.ùd be DK:Ned fran a nearby
intersectim to the park intersection.
Mr. Pels requested that if Cameil aR;JrOVect Alternate No. 3
that it not be bIpll!llle1å.ed until a traffic .....,L..ul study is
dale.
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In ~ of Alternative NO.2, Mr. Karayœ stated that
in the monùng there ee"- to be no thrt:u;Jh traffic, in mid
day traffic is mostly students am the eveninq, it is
0CIIIIIlters tryinq to avoid the OOD;Jestim m ather streets.
He ~ted that the traffic flow an Stellinq at M::Clellan
be iDprOVed rather than selectinq me of these
alternatives. In regard to the alternatives pi: : [hLed, he
had these .............lA: Alternative No. 4 aã:Is to Septai)er
volume. Alternative No. 5 looks 8trançJe, but the
neighbc:xmcod does have the c¢.ion of usiJy;J cittuit.cus rcute
and can get out m either side. Perhaps signage regaminq
ha.1rs for thrcu;Jh traffic oculd be posted sud1 as at 1bIe
Bl"",,"aD. 'lben strict enforcement should oocur to develop
~Vf.Alate behavior. He suggested that Council select
Alternative No. 2 and, if ~e:¡ry, ca.ùd shift to
Alternative No. 3 at a later date.
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RàJert Keyes expressed suwort for Alternative No.3.
I.any Enoksen, 7724 Cb;idian COUrt, eJCpl-~1!d oo....~.m
regardinq the Orogranje neighbortJood. He famd the
questiama.ire b;;,,~ and E!IIX:Itionally 1òOrded. '!be less than
100 I'eSpak:ieS was a small percentage. Mr. Enoksen also
fp..lt that the decision had been made prior to the
questionnaire. ¡.¡œt is bein::J t'!i..,.."sse.:i is a short term
solution am a lCIXJ teJ:m one is Meded. Brin::Jin::J November
Drive across Highway 85 woold be a good 10ßJ' term soluticr..
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MINtJI'ES OF '!HE JANtJ1\RY 16, 1990, Rm1IAR CIT'i CXXJNCIL
MEETING (œ-783)
Clair ~ughlin, 1099 November Drive, said that the
neighborhood traffic will be :iJx:reasinq because of
CXIIIIIlters and new banes; Alternative No. 3 is a """'t'L....1-.
.
Andrew Sd1neider, 7832 Jeanette Court, was reo....lUy in a
traffic accident am does not want any alternative that
makes tl1e intersectim DCre danget'a1S than usinq it is 1'1CIIi
to get art: of his haJse. He does not want to ziq an:1 zag
thra.Igh new barriers. Peq¡le will drive faster to
o "\ oensa.te for any loss of time in goinq a farther
distance. He expressed q:p:¡sition to Alternative No. 3 and
stated that Alternative No. 2 or Alternative No. 4 waùd be
all right.
Brian Wada, 21015 Classic Court, expr<>ss"3d oa~tl over the
OJ:ugrande/Stellinq intersection. He expressed the feelinq
that an extensim of Novenœr waùd be a gcod idea. He
also asked abwt: the future of Stellinq and if it waùd be
widened.
JUdy Pierce, 1043 November Drive, said she had lived there
sixteen years. All alternatives will have an i'lt""""': m her
family although she waùd have no additiœa1 traffic as her
haJse is right next to the þL'!JL sad barrier. She said she
was against BaDe things in Alternative No.3, particularly
safety, lack of ..,.,......,", beinq cut off and not bein¡ able to
get art:. She wants two a,.,.....".~œ to her neighl...,Ll......d. In a
grtJWÍJ'Ç t'rMWIIIwtity, me has to live with traffic. She does
feel that SepI'"_..~ -e.. residents had been prnni"«i relief.
She asked if private citizens waùd be able to go art:
emergerx:y """"""~1!S durin] an emergerx:y.
Mr. Viskoviå1 said yes, they oculd either jUllp the c:ums or
break a gate if a gate is installed.
Clair !ok:Iaughlin said the emergency a,.",...,a di",·."aged never
included a gate.
Ral~ Riddle, 1061 November Drive, a resident there 21
years, said he has bec'.o ...~ accust:aDed to traffic am ~ ,:1.
Although he waùd prefer no chan;Je, he woold '10 "'l'L No.4.
Peter Gann, 999 November Drive, expressed "'1RX>~L for
Alternative No.4. He stated that tl1e emergency ",,.......,e
di"("l'ssed was always a curb and never a gate. Mr. Gann
stated he does not like speed:in;J cars, but does put up with
them.
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MINt1I'ES OF '!HE JANT.JAR:ol 16, 1990, REnJIAR CITY CXXJNCIL
ME:E:'I'DC (œ-783)
Ray Stahl, 801 SeptÞmher Drive, said the pl.vy.;Bed oonOl...
of Ol"ogran:)e and Stellinq have already cxxurred at
September and McClellan. He has had bikes stolen fran his
garage three times am his hoJse was 1'.~ three Da1ths
ago. He has lived there since 1962 and had been assured
there ~d be another an-oess.
It was IIIJVed by Came. I<q:pel, SE!OCI'ded by Counc. Sorensen
am I"'~~ed unaniJIo.Jsly to close the public hearin:J.
Di"('l'ssicn followed rega....""Clirq a reali~WICIIt of
Orogran:Je¡Stellinq, BpH:1 b"'t"" and the CXJSt of a bridge
over the railroad tracks to Stellinq. Council also
i!i ..,...'~e'!!d oalCém regaràing splitting the neighl:x:Il.1MA.
.
It was JlCVed by Came. I<q:pel and seconded by Counc. Szabo
to ~ Altemative No. 2 with traffic counts taken
before iJlplElllel/Lation and 30 days afterward, to install
road n"'P", to IÞXiify the Or'ogran:IejStelling intersectim
and to net wait until Highway 85 is I:cllt to c:pen.
Altemative No. 3 ~d be a bacIoJp alternate.
Di$a1Ssim followed regaràing net c:penin] it up until after
Highway 85 is OCIIplete. Counc. Goldman JlCVed to amerxl the
motion to state that the c:i1aß3es ~d net be iDpl........ILed
until after Highway 85 is c:pen. '!be amen:m..nt was secaÙt!d
by Mayor Rogers and was defeated with Counc. Szabo,
Sorensen and Kqpel dissentin;r. Cameil i!; """'~sed 10hat
specific percentage of traffic increase ~d iJlplau..,IL
Alb>..rnative No.3. Came. Szabo amended the original
mctim to state that shaùd traffic counts sht::Iii an increase
~ing 10\ 30 days after iDplementatim of Alternative
No.2, this ~d trigger the p,¡blic hearinq þL..(......e and
the matter ~d ct1II8 to Oouncil for settinq a p,¡blic
hearin¡. Counc. Iqpel aocepted the amerxDIent and the
mctim as amended P"""ed I.D'1aJÚJIIcU;ly.
~: 9:10-9:15 P.M.
Appeal of
App. 5-V-89
21. AW""'l of Plannin;J ChmI;"'$im denial of ~licatim No.
5-V-89 for a variance on prq:Iert:y located at 21896
Granada Avenue. ~ filed by Steve Ho.
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(a) Resolution No. 8023: "A Resolutim of the City
Council of the City of CUpertim ~
Variance to steve Ho fran the Folla..rinq Sectim of
ordinance No. 1449: Section 8.3.1(8) to Allow
Reduction of Front Yard First Floor setback FraIl
15 Ft. to 10 Ft. for a IDt With a Clrved Driveway;
Section 8.4.1 to Reduœ the secom story Front
setback FraIl 25 Ft. to 16 Ft.; Section 8.2 to
Increase the Floor Area Ratio FraIl .45 to .50
(~lication 5-V-89)."
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MINUIES OF '!HE JANUARY 16, 1990, REr"...JIAR CI'IY CXXJNCIL I
MEE:rIN::; (œ-783)
Directcr of lhmIotrtity Devel~lt CcMan reviewed his l"'tA'LL
am presented a plan check sheet shariinq notificatim of
need for street dedicatim. Mr. CcMan told Council ti'.at
the PlaI1lÚlXJ staff·d1ecks with the Public Works Department
to ascertain if a dedicatim is I""""-"'UY.
Travis Medley, 1551 Brennan way, cx:ntractor and ptaL L..-. ,
told Cameil that they had been infonoed regardinq ..L<...st
iDprovements, cums, gutters and sidewa1Jœ. '!hey had been
given no indicatim of a 60 foot street. '1be applicants
wre a.rt: a lot of time and IIaIey and WaJld never have
closed escrow had they known of the need for the
dedication. '!hey feel they have seri~ caJplaints and
wre misled. '!hey also believe that tl1ese are not nœ:mal
b.Jsiness oosts. A variance will not diErupt the city or
the plan for the ..L<""",t. '!he developer oculd adapt to a
five foot variance, if neoeseary.
Mr. CcMan explained the plan check proc-s and stated that
in this case, the Public Works (2....-.,Ls wre a¡:parently
overlooked.
.
Mr. Medley said they oculd have received the cbec:k1ist,
hcM!ver, these particular deve1cpers are not an isolated
case. '!be man around the OOllCC had the same pràJlem.
Ron Dick, architect, said that the applicatim had gene
thraIgh the Plann:in:J and Public Works Department with no
mentim of a 10 foot dedicatim. '!be project then went in
to workin:;J drawin;¡s. After that time, he received a
c:hec::k1ist showing the ten foot dedicatim. '!he engineer
was the pel...... who faJDi a.rt: al:oxt it. Mr. Dick stated
that another firm ran into the same pràJlem that his firm
did and it s! -... to be nomal i'l' .::-JI\re. At the P1annin;J
rmwni...ion hearinq, he was inf.....wce1 that the plan line had
been public reoold since the seventies. Mr. Dick had
received a cbec:k1ist when he went in for his ttJildinq
pezmit in May. It had not been brooght up previamly.
Marius Nel£a'1, civil engineer, wished to add1.....s IoIhat
f~ need to be made in order to grant a variance. '!he
prq¡erty under <'I; ,,<,,'''eim is a small lot to start with.
JàU1 Byrne told Council that around February 1, steve and
Travice asked him to Calle to City Hall and talk with them.
Nothin:¡ was said aOO.Jt any dedication. He talJœd to Heidi
of the arlldinq Deparbnent am I'ICIthirq was said. He also
talJœd to Olristy. He came again to City Hall and nothing
was said. Mr. Byrne stated he develcpñ MinaJœr <nJrt am
was never required to give a ten foot dedication.
þ
-9-
.
.
Res. 8023
adopted
App. 23-U-89
& 33-EA-89
.
MINtJI'ES OF '!HE JM.'tD\~, 16, 1990, REnJIAR CITY CXUNCIL
MEZl'll«; (œ-783)
Mr. QJwan stated that both Heidi ani 01risty IU:'Ø clerical
workers; it sourðs like dedicatim was ocnfUsed with
ÍDpJ:'OY8llent:s in their minds. It also sourr:!s like the
irxpiry was made at the camter the first few times.
!o!'r. Viskavidl said that preliminazy inquiries at the
COlD'1ter are a1ly preliminary inquiries.
Mr. Medley said. that he was told with the pre1iminazy
inquiries no declicatim woold be required. other cities
infcmn applicants at the beginnin¡.
steve He, me of the ..mers, said. they did get the
dedicatim infomatim !:Art: it was too late. '!hey had
talked with Heidi am 0Iristy and peq:lle in Public ~k.o.
'!hey had as."ad aver and aver if there ¡¡ere any special
dedicatiCl'lS required and they wre told no, just ",k....ots,
nJrt1s and gutters. He was very upset.
It was DK:Ned by Counc. Goldman, secc:n::1f.!d by Came. Kqpel
and p"e"'«t unanimoosly to close the public hMrinq.
Upa1 beinq asked by Council, Mr. Cowan stated that the
pl_Lý to the east of this area did receive a variance;
it is a flag let. '!he tuilclin;¡s acrœs the ..L<.-t are
RJr&.
Mr. VisJeavidl stated that the policy may have c::I1anJed since
HinaJœr Court was develc:ped..
Followinq di.....,....i.cn, it was 1IICMId by Counc. Szabo,
seo....:Jo:d by Counc. So1.a in am p"-nd with Came. lCqJpel
and 0:Amc. Goldman di..s _JL1rg, to adept: Resolutim No. 8023
amm.:Jo:d to allClli the . 5 ~ and preservinq the recpized
setœdœ alCDJ with the findinq that there are
ext:r!IaI:dinal circumstanœs or OCI1ditiCl'lS pertaininq to the
land and tuildinq whidl do not ~....iÙly apply in the same
distriet (the size of the hni1"inq wculd be J:I'ItiIv'CI(I
substantially because of the small lot).
PI.1\NNDG APPLICATIœs
22. ~lication No. 23-{J-89 and 33-FA-89 - Maria 'I\Jn;J _
P-}I"""'t for Use Pennit to establish a heme delivery an:i
t:aJœ-out food setVioe with separate retail sales area
in an exi.stin;J 2,860 sq. ft. tenant 'T"~ within an
existing shqpinq center. EnviI..........1tal
Determinatim: '!be Plannin:J ChmIiR$im rooo....-.Ids the
granting of a Negative Declaration. '!he prcperty is
located at the northwest comer of South Blaney Avenue
an:i Bollin:]er Road. Recxmœnded for awroval.
-10-
.
KINl1I'ES OF '!HE JANUARY 16, 1990, REnJI.AR CI'lY CXXJNCI!,
MEETING (œ-783)
It
Mr. COWan reviewed the awlication arxi a minute order frail
the Planning ChmIi....im requestinq a pJblic hearinq
regardin;J lJ.lisan:::e abatement.
Camcil directed that a resolution setting a pJblic hearinq
to cansider abatement be placed 011 the next aqerña.
Mr. 'l\Jrg' reviewed a history of his CUJ::u..11:. facility in
SUnnyvale arxi the awlication request.
Leo Hoefer, 20076 Ia Rada Court, reviewed the gr>"1.. and
¡ililosc.pty o£ grantinq a permit. He stated that the vote
at the Planning ChmIi ....ion was 3-0 with 01a.irpersat Ad!m&
abstaininq. Mr. Ad!m& abstained ~""lee he felt the entb:e
shqping center shcW.d be cansidered before this
awlicatim is acted m. '!be center has gene dcMIhill and
lost a sense of serving a neighboJ:t¡ood. He reviewed
c:han;Jes that have ocx:urred at the shcppin;r center and
~ --~ O"'...~.Llì reqarding an influx into the parking lot
and the neighI:x)rhcod. He asked if this stare \01ld iDprcye
the center or will they go down to the existinq level. He
has slides - i 11\ble if Council wished to see them. He was
told he WCJI1ld have an "M"-'L L.mity to shew them at any
¡ublic hearinq for lJ.lisan:::e abateJDe¡IL.
Daniel Mao, new owner of Ho Ho Restaurant located in the
shqping center, urged Council to deny the awlicatim.
Elly Wel.lìeL, 20076 Ia Roda Court, said if this awlicatiat
is ~, there will be three taJœcut food services.
'!he food handlinq ~.. -- in the center is a c:U.saster.
'ß1ere is a1xeady CJI'~ to deal with. '!he prqJerty cwner
lacks enfUL~íL.
.
Mr. 'l\Jrg' said he has been in Þ.lsiness over two years in
SUnnyvale. OYer half of the Þ.lsiness is frail people livinq
in O,¡pert.im. In fact, mcvinq to O,¡pert.im was ~
by aJStaners. He believes Ho Ho is a sit-dcM1 restaurant
and is not sure their permit allows taJœcut. '!he ~'i<nd
restaurant will serve bXh Oúnese arxi American-style
dinner boxes. It wiU be sane o·,\etition for Mr. Mao, but
good o....~tim. If peq>le want the shqping center
upgraded, they have to start sanewbere.
City Att.ozney Kilian stated that any existinq lJ.lisan:::e is
not ~a""rily o............'"ted to this awlication. He is not
sure that the City has the right to require this awlicant
to clean up the other .......ses. He does not see any
COr........."1:im. It IoICUld be ina¡::propriate to cansider
o....'l-""tition as an issue.
-11-
.
~te~. Dee.
;;rantcd
Closed Session
.
App. 13-U-89
&. l4-EA-89
.
MINUl'F.B OF '!HE J1\NUARY 16, 1990, REnJIAR CIT'{ CXXJNCIL
MŒl'ING (œ-783)
It was lIICIVed by Ccunc. Szabo, seoch.lt..l by Counc. Sorensen
am I"'~-ed unanima.lsly to apprc::I'M the granting of a
Negative Declaratim.
It was DK:Ned by Counc. Szabo, secxn:Jed by COUnc. Sorensen
and 1""~e'!!d. unanimously to ðWLuVe the a¡:plic:atim per
Planning Chnni ....im Rssolutim No. 4235 with the words
''within 50 yards" deleted fran ¡:;aragrapt 2 of Ccn:titim No.
4.
ARaII'.I'EX:'IU AND SITE APPRJIIAL CXJoIMITl'EE APPLI~œs
23. Na1e.
UNFINISHED WSINESS
'!be City Att.ozney IU'Ir1C:IUOOed that a closed _iœ 1oIa1ld be
held regardinq the status of negotiatiCl'lS of a dev8l-..--IL
~..........IL, e~ecblly as it pertaiœ to '""Cl,i-itim.
Oouncil adjourned to Closed Sessia1 at 10:45 p...
Oouncil recxrM!Ined in Council o.....~.. at 1l:13 p.m.
Oouncil Pr!5" uL:
Go1.c:1man, Kq:pel, Sol.........., Szabo, Mayor a...."....s
staff P.I. II .L:
City M!Ir1ag8r &.....
City Clcmc oamelius
Directar of Pl1h11c 1i:4k.o VisJa:wic:h
Directar of (\ "'1ity D8Y8l,¥"",,'L Cowan
Public IntcmaatJ.cm otfiœr Rrey
City Attamey Rrey
City Attamey Kilian ...........L.ed that the City COUncil had
directed staff n.."uUators to negotiate certain teJ:IB Wúdt
are outlined and given to staff and will be ~"Ù.c:ated to
a¡:prcpriate parties.
24. ~icatim No. 13-{J-89 and 14-E;A-89 - SdJrato
Devel,¥"""IL Q:JIpInies - Snhnittal of l."'t'ULL regardinq a
use P"'""it to "-"""ish an existinq 570,000 sq. ft.
:industrial I;uiltfirg and oa..L<uct an 837,500 sq. ft.
(785,000 }IL'Y n:'l net floor area) office stJ:uct:ure,
with related site iDprcvements. Ð'wh"'_ILal
DeteDdnatim: '!be Planning Chnni ....im Z'A';" -...- dto the
grantin;J of a Negative n.:.r·laratim. '!be p..V}'OILLj' is
located m the east sie.e of DeAnza Boulevard be.rboI&en
Interstate 280 and Mariani AverLIe. ~) .......ùed tor
awroval. (A Closed Sessim is requested prior to
oonsideratim of this item.)
-12-
·
MrnUm; OF 'mE J~ 16, 1990, mnJlJ..R Cl'ri c:nmcn.
MEITIN:; (œ-783)
Mr. 0::Man reviewed the differences between the plan
pres ..ted an:! the previoos plan. It is not feasiJ:Ùe to put
the hearln;¡:,lair CCI'Iditiminq unit in the þ,~, so it
has been lcx:zted m the roof. '!be b..ù1din:J pad has been
dep~sed to rorlnr... the height.
Jàm SOOrato, awlicant, told Cameil the b..ù1dinq has been
dL· H-I ten feet; therefore, trees will provide a SCl-n
~tely bvo years sooner than originally
antj ~ipated. 'Ihœe trees will be kept trÌJDDed at 1oi1atevw
height is required. In regard to traffic an:J. trips, Mr.
Scbrato said that the developoent had started with a
certain rn1lÑ"lø-r of trips an:J. he had p.¡rchased additia1al
trips fran other developers. '!be level of service lIIJSt be
met and tenants will be required to meet T!}ot. Regardinq
calculatim of amenity space, Mr. Scbrato said that there
are m-site cafeterias am an atri\llll. A oc:n:lition can be
placed m the penuit that would pràúbit usinq those ~
for offices. He requested that the brtå;)e aver DeAnza
Boulevard not be a CCI'Iditim in the use penuit, rot part of
a devel,¥""",L ð9L~ll. He felt there is no nexus betueøn
wicJenin;J that bridge and his devel,¥"""IL. He is raisin¡
the fra1t b..ù1di1gs ~. ,.rI-tely three feet am not one
foot as menticnad in the staff l"'t""Lt. Mr. SOOrato
requested that Ca1ditim No. 6 say three to four feet
rather than 24 inches. In regard to Ca1ditim No. 13, he
requested no """"""a between the PL~ sed developoent and
the Pef.pe1mIl Restaurant. Ccn:titioo No. 18, he requested
be ammded to state that surveillance would be by a
security ...........a. In Ccn:titim No. 26, he would like to say
ten years instA,.'<Ki of seven years. He requested that
Cameil maJœ a decisim this eIIel1.inJ.
'!be City Attarney stated that items menticnad in No. 9
shaùd be part of an i..~ ag..~IL. In regard to
Ccn:titim No. 26, Council rmy wish a master use permit with
use permits for separate bulldil'XJS.
upcn beinq as"orl by a ~ aba1t ¡tIasinq of the
devel,¥"""IL, Mr. SOOrato answerej that the MJtorola
b..ù1dinq frc:ntin:J Mariani would be the iJrst b..ù1dinq. '!be
rest depeaJ$ m heyvLiatiCl'lS with othe:&." <Ymp1Úes with
whià1 he is currently negotiatirx¡. It 1= rcughly a five
year }n~..... in best case. No DOra oculd be b..ù1t wlthwt
a general plan c::harçe.
Harold Jàmsa1, 10511 Lany Way, read a letter of protest.
Several residents rose in agreement.
-13-
t
MINUlES Of '!HE JANUARY 16, 1990, RmJIAR CITY <IXK1L
MEE1'ING (CC-783)
Steve Prosser, 10699 Larry Way, said that the developer is
lowering the pad which reooved me foot fran the back
tW.ldinq. The Planninq C"hnmi....i-::n had directed that cna
story be removed and that the devel'¥"""lt be DX:Wed t.owanSs
DeAnza Boulevard. He asked why b.1ildinqs - i<ot'1 to be
CXIIu-::ted if there were going to be different tenants in
each buildinq. He expressed a¡:JIrOVal of the I'A:" ....-tded
Ccn:Utim No. 13.
Rill. Halsted, l~ s:nt.ing O,¡pert.im waterfall, O1ateau
CUpertiIX> and Town Center TcMnhcmes, said he has al1Mi tted
a letter regaràinq this devel,¥""",L and read that letter
into the r""-VLd with I'A. ....-.Jded ccn:litiCl'lS.
01uc:k Eaneff, 10698 Iarry Way, said the residents have run
into c::han:1es frail th"\ develq¡er all alCD] the way. He
stated that he does not feeJ t.)¡at the deve1,¥"""IL fits the
general plan and cplStianed the traffic distrihrt:.im
figures. He requested a new traffic study usinq a 45/55%
north-scut:h split, not the 50/SO, that was used. '!he
COllins SdxJol intersection already clogs up. Althcugh the
street does not go thrcugh, there is a ~ian ""'"""E'S.
Parents shcu1d be notified regæ:äinq this }IL"l' 9d
deve1'¥"""IL. '1he plans a"Mitted do not shew an
ë!R;n:()a'i....tely 10 foot mechanical penthouse. He felt that
the traffic ga.......tia1 and site int:.nIsim does not fit the
general plan.
Wee w.>igel, 10726 Larry Way, oax::urred with the previQ.1S
speaker.
Boyd Jobnsa1, 10671 I.arry way, said that O,¡pert.im had
1noœ. ,II4..teã to Jœep frail beü ....."11 part of San Jose.
arlldinq was '.~.I..LLúlled in the area until two or three
years ago. Drawin;ps have an inaccurate siteline. He can
P1: a :"IUy see the seoc.d floor and part of the first floor
of existing hl1i1dings.
Di """'_1m follCWled regard:in;J the distance of the b.1ildinqs
frail existing haIIes.
A gentleman residinq at 10727 Iarry way, agl..-:l with
previa.lS speakers and stated that the pl' '1 ",6ed b.1ildinqs
will be seen frail inside his haDe. Previoosly, WOlka....
fran Motorola parked in front of his hcuse and walked to
1o'Ork.
cy 8.Imett, 729 Stendahl Lane, said the rnnnher cna
~'x:etn of citizens is traffic. 'lbe rn1ll'lhA.r a1B CXII........11Ø of
œr.didates in the last election was traffic. AR>rove the
~lication only if there is full cxnfldence in the traffic
figures in the study.
-14-
,
KrnUl'ES OF 'mE JÞ.NUÞ.RY 1.6, 1990, RmJl1>.R CITI 01JNCIL
MEEI'ING (œ-783)
þ
Wayne sennett, Vice President ani General Manager ot
Motorola, said that the 0CI'IpaI1y really needs a decisim.
Exi.stin:J ocnlitiCl'lS are l'u.Irtinq b..Isiness and p!Cple. 'lbere
are psyå)oloqical cnmselors in the l:JuilcUrgs aJrrently
talkin:J to enployees. (CoOOemned buildings are a¡ site.)
'!bey can't live in this envhv.....::uL. 'It.e sales office
Clu.Le.JLly located in santa Clara, will be IIICIVed to
CUpertiIX>; however, custcmers cannot be brwght to the
present facility. }oi)torola oculd harxUe approximately
170,000 sq. ft. in the right type of facility.
Mr. SOOrato shewed slides depicting screenin; of blildings
by the use of trees. He stated that the Planl'Úl'J]
ChmIi ....ion understood he ca1lrl "'lOt l'E!lllC\/l! a story m the
back blildings because the additiavù. story oculd not be
~ to the other œildings. Because the possibility
exists that the same tenant oculd 00 in two I:ui1dings, the
bridge between the two blildi!"-JB is 1'-"""'~ary. '!be
"san!pile" effect is achj(Sved with the setback and
therefore it is not necr.ssa:ry to have the floors as
"steps" . '!he PL' iJC !!9å penthcuses to boose the air
ocnlitiarlnq,lheatinq units are very narrow rect.an;Jles
towards DeAnza Boulevard and are part of the blildinq
design. He shewed roof plans of 8lildings C and D. In
regard to the 'ß]{, whatever the C.t)lden Triarqle adepts will
be used. 'Ihe 5t diffeu!1ìCt:: as far as north and sa.rt:h
traffic go will not affect a traffic stu1y. '!be City is
a.sIdn:J for ¡ç:ptv.'Í'""tely $1,000,000 canstruction tax and
a!xut $500,000 to widen the bridge m DeAnza. '!hat equals
aRll"OxiJIately $78.00 per square foot for the the increased
density ~ is requestinq. '!here to'CUld be no cbj&".:tiat
provided the1-e is a devel~1t ag:tee..::.It. In regaxd to
the sit~line exhibit, Mr. SOOrato stated that an average
was '..sed. Cllrrently, the highest point of the b1i1c:U.rx¡
to'CUlci be 61 feet plus 10 feet for the IIIBå1anical equi1--IL
m the roof e.'«"'!.L for the top of the atrium whim is
approximately 73 feet. He said that the blildings planned
alCD; ' DeAnza Boulevard will be set back 385 feet. '!be
closest buildinq in the back of the develqment will be 283
feet fran existinq haDes.
Donna Presser, 10699 Larry Way, said that she takes issue
with statements that residents are able to see existinq
blildinqs because they did not want trees planted. '!be
residents were not infonned that the I:ui1dings to'CUld be m
a 9 foot bem.
þ
Bill 8.In1s, Sobrato Devel~lt, was available to answer
quest1C1'1S of Council.
Cameil E!XpX"*''>ed concerns regardin:] the increase in
traffic.
-15-
I
. ;
»
l
I
MDVŒS OF 'IHE J»IUARI{ 16, 1990, Rm1IAR CI'lY caJNCIL
huonJG C<X:-783)
Mr. viakcvict1 stated that the planned ÍJIprtMIaents will
allOli far ~ of the OllL....L level of service. As
a systa, the additional traffic 10ICUld be hancned.
CaIC8DI& were ~ B" regardinq potential f...,..,-'t: a1 other
nortb,ISQ1th ..L<_ts.
By CCI'I8enSUS, Oouncil cxntimed CCI'1Sideratiut of this
a¡plicatim and the beùarDa of the agenda to McnIay Jamazy
22, at 7:00 p...
At 1:10 a.III., Oouncil adjourned to 7:00 p.III., Jamazy 17,
1990.
~~¥
~Cl~ .
/'/
/ /./ "
~ - ß'
I...Á ~~-'?' .. _4...-7
-16-