CC 01-22-90
..
.
CITY OF aJPERI'INO, S'I1\TE OF CALIFCRlIA
10300 'I'OI<t<I:; AVENJE, aJPERTINO, CA 95014
TELEPHONE: (408) 252-4505
MINUl'ES OF '!HE ADJCXJRNID Rm.JIAR CITY CXXJNCIL MŒl'DC
HErD æ JANUARY 22, 1990, roJNCIL 0iAMBER, CITY HAIL,
10300 ~ AVÐruE, C1JFERI'IN), C1\LIFORNIA
œ-783B
'!be meeting was called to order by Mayor Rogers at 7: 03
p.m.
SAIlJI'E 'ro '!HE F'IlIG
mu.. CAlL
Came. Present:
Goldman, Kqpel, Sorensen, Szabo, Mayor Rogers
staff !'resent:
City Manager Brown
City ClerK COrnelius
Director of ~lic Works viskavich
Director of n-mnúty Devel,¥"""IL COwan
Assistant to the City Mar1agm' Brown
Director of Finance Snyder (arrives 9:20 p.m.)
Public Infomation Officer !<:rey
city Attorney Kilian
24. ~licatim No. 13-U-89 and 14-EA-89 - Sobrato
D8Y8l,¥""",L ~'1ies - Sutlaittal of l.'¥'Lt regaJ:tliD:J a
use pemit to demolish an exi.st:irç 570,000 sq. ft.
industrial buildinq and .........L<ùCt an 837,500 sq. ft.
(785,000 pl.' 1'\.500 net floor area) office stJ:ucture,
with related site iDprawments. Envh""IU....t.al
Detezmination: 'Ih'. PlëU"4'linq Chnmi ....im reo ....-.Ids the
grantj.n;J of a Negative na.".bratim. 'lhe lJL_ty is
located m the east side of DeAnza Boulevard between
Interstate 280 and Mariani Avenue. Re0 ....-J'Ided for
¡ç:prcval.
Mayor Rogers annoonced that the awlicant was not yet
present; therefore, Council ~d consider the next item a'1
the agenda at this time.
-1-
App. l3-u-89 &
l4-EA-89
·
Intergovern-
mental Council
App. 13-U-89 &
14-EA-89
·
·
,I
I
MINUI'ES OF '!HE JANUARY 22, 1990, ADJ'CXJRNID REnJI.AR CI'IY
cœNCIL MEETING (œ-783)
NEW BJSINæS
25. Disc"....ion pertainirg to restructuring of
Intergo\Ier11me Cameil ani /!IwLUJ'Liatim of $2,000
frail the general fun:i.
It was DK:Ned by Counc. ~1, seoc:n:Jed by Came. Sorensen
ani p"eeed unaniJmJusly to ~........iate $2,000 frail the
general fun:i.
(City Clerk's Note:
~.)
UNFINISHED BJSINæS
24. ~icatia1 No. 13-U-89 and 14-FA-89 - Sà:lrato
Devel'"P"""1t lhIp\nies.
Mr. Sobrato arrived in Council
Oouncil t'li"'C',ee-' the possibility of apprc:IITin;J SŒI8 of the
build.irçs l'L"I<sed, bIt not all at this time.
City Attamey Kilian said that o...L.../tly the ..mole project
is urœr cr18 use peJ:mit whià1, if~, and a h,i 1diJ'Ç
starts, gives the developer a vested right. Hcwever,
Council does not have to 8RU'O\I8 the project under cr18 use
peJ:mit. . '!here ~ùd be a master use peJ:mit and individual
builetin¡ use peJ:mits. '!bat is not the applicatim as
sul:JIIitted.
D.isn"""im followed regardin:J the traffic study,
particularly in view of traffic cx:niitiCl'lS at the
intersec:tim of HaIIestead Read and DeAnza Boulevard.
DiJ:ector of Public WorbI VisJtcviàl explained that the level
of sezvioe given is an average aver a cr18 hour period.
Mr. Kilian pointed out that ax:e a building peJ:mit is
i .."'"...¡ and the buildin;¡s started, the builder does have a
vested right. If the use peJ:mit is ~, the builder
coold ocme in and get building pønnits i-'li"tely.
Mr. Viskcvid1 reviewed the traffic mitigatim -'"'JreS that
are ~ted requirements for awroval of the use permit.
-2-
·
MIN'Jl'ES OF 'mE JANUAKi 22, 1990, ADJ~ RmrrAR ClT'í
cnJNCIL MEEl'ING (œ-783)
Ways of enforcing the 15' traffic re:hJction were
ñi..,...naaed. It was mentioned that if the first building is
oœpleted and the goal is not met, the City '",¡cul.d have to
take actic:n to stq:) further brlldinq. O:.ur ell oculd
c:ordition the use pezmit to require tenants tr, do certain
thirgs. '!ben, it woùd be r--"""e~ry to have a ~ff -__
monitor. '!here woùd have to be tests after eaà1 UJildinq
~ occupied.
·
'!be follCMin;r items were reviewed by Council: 1) traffic;
2) the cost of widening DeAnza Boolevard over Highway 280;
3) approving 0C1'Itin;Jent upon a develcpœnt åyL~IL; 4)
~ or not the ¡JL~ develcpœnt oonfœ:ms to the
general plan; 5) the J""""""" of stories VB. height; 6) gross
square foo""..age VB. net square footage; 7) éiR>roviIq part of
the project.
John SCi:lrato told Council that he requests the entire
project be a¡:prcved or the éiR>lication be denied. He
cannot afford 500,000 sq. ft. and maybe the rest later.
Upcn J:uildinq of the project, he will hire a Tœ manager.
If he cannot have the entire project at this time, he will
just fix up the exi.stiIq J:uildin; s. Mr. SOOrato stated he
had followed the rules frail the 1983 General Plan for this
pL~l. If Council feels that these guidelines are no
lcn;J suitable for the City, there shcW.d be ~ at
general plan ~lic hearin;¡s and not for one a~Ucatia1.
'!he ~8 used for irpJt was oonside1."'ed and sinoe the
developer had been given the ...wortunity to ðiC'k:h......
Council, the meetinq was ax:e again q)en for ~lic irpJt.
WeI-.Jell Stephens, 10397 Ansa1 Avenue, stated a neighl...J.Lb..,.d
meetinq had been held and 00I.ce..1l ~'L Hsd regardinq the
project meetinq the 'F'......al plan. He urged Oouncil to take
a stand for slow growth and protect residential life. '!he
increased square footage is detr.imentaJ. to quality of
life. '!he L.....d shawn in the last election meant slow
growth.
·
Mr. Stephens was infOL......d that the rate of growth is not
prescribed by the general plan, l:Jut a1ly maxbøJm level of
growth. '!he ¡JL' op:>sal is within the 1983 general plan.
steve Prosser, 10619 Iarry Way, said he had received notice
in November regardinq Architectural and site AßIroval
cœmittee looJd.n.J at a teDp:>rary trailer site for hoosinq
equipllellt on the SCi:lrato develcpœnt. (City ClerK's Note:
Counc. ~l leaves Q>;omher at 8:25 p.m.) '!be site was to
have a soorxi wall aroorñ it. on January 9, the equ1p11e11t
-3-
þ
M1NVI'&S OF 'IHE Jl1J:IDM(i 22, 1990, ADJCXJRŒD RmJIAR CI'1Y
CXXJNCIL MEEl'ING (CX::-783)
was set up Þlt there was no sa.md wall installed. Hr.
Prosser showed picbJres to Cameil. He d.iscovered this
situatim upc::n hearin; noise and trying to find its
scurœ. ./'tr. Cowan has given Mr. SOOrato ten days trail
January 20 to c::œply. (City Clerk's Note: At 8:30 p.m.,
Counc. ¥qpel returns to Q>;.mh<>r.) If Mr. SOOrato will not
OCIIply with a minor issue, heM does one knew if he will
OCIIply with future cx::ntitiCl'lS.
Director of P1.aJmi.rç and Devel,¥""" It Cowan told Oouncil
that the equi~_,uL being ñiRrJ1SSed had been IDCIIItXi ~ of a
CCI'1demned bJ.ildinq. A¡:p\rently, the develqJer is havinq
saue difficulty getting saue tL&..J.es dug for the sa.md
wall.
Hr. SOOrato told Council that he was waitinq for a
seocn::JzIry water tank as he wished that to be installed
prior to the bJ.ildinq of the soorñ wall for ease of
Oa1Structim: hcwever half the wall owld be 1:W.lt
i__iAtely. It will be open on the sides until the tank
is installed. '!be OCIIL<dCt for b.1i1dinq has been awarded.
Harold Johnsa1, 10511 I.any Way, said the loadinq dOC'Jœ and
trash pic:loJps are CX1 the narth and south of the 1:W.ldingB.
One of the ~'~sed cx::ntitioos said east loadinq dodœ.
'Ihere shculd be no east loadinq dcc:ks. Equi_Jt. was
EPJR>Csed to be m the south side of the bJ.ildingB. He
asked if one is beinq located m the east side.
~
Oouncil a1C8 again r1i......_eed prrw+lllity of the}'L' ~.ed
bJ.ildin;¡s to the residential area and traffic.
'!be City Att.ozney stated that if they wished to ...........,,¡e
a1ly three bJ.ildin;¡s rr::M, the other. two bJ.ildingB foIOI11d
require a separate use l'"".....it.
Hr. SOOrato said he IIIJSt have a III!ISter plan and urged
Council to vote to deny or ..........<ÑEI.
Boyd Johnsa1 of I.any way said it has been a short tJJDe
since the NoYeI:iJer electim. People voted for low/no/slow
oa1Struction.
þ
It was IIICM!Ó. by Counc. Szabo and sec:x:nded by Counc. Kq:¡pel
to aß)roVe OCILq'Lüally the entire project but L....L<ict the
i__i;ote bJ.ildinq to three bJ.ildin;¡s, with Hr. Sù.u.ð:to
choosinq ~ch three he wants to bJ.ild and if the traffic
questim is resolved within a year, ooost:J:uction of the two
remaininq bJ.ildirçs will be considered.
'!be DDtion I"'''''ed with ChJrx:. Goldman and Mayor Rcgers
dissentin3 .
-4-
.
MINt1I'ES OF '!HE JANUARY 22, 1990, ADJCXRŒD RmJIAR Cl'IY
a:xJNCIL MEE.TING (œ-783)
Council then OCI1Sidered OCI1ditiŒlS of "WLvVcù. Ccn:titim
No.1: All traffic mitigatim JDe.."\SUI"e& IIIJSt be oaIplete as
a OCI1ditim to b.1illlinq the three b.1ilc:tings. If the seooud
¡:t1ase, which includes the final two b.1ilc:tings is approved
by Council, tl1e developer will reiJJbJrse tl1e City for any
city funds used toward the mitigatim """"...~. Items 2-11
were a~ as "",n..itted.
DJring diso'''..iŒ1 regarding Ccn:titim No. 12, Mr. 5<..L.Ldlo
stated that he cuu....ltly has 570,000 sq. ft. and the plan
currently beinq loo1œd at is gene: however, he is tzyinq to
get scme din>..--tion and will CXIII8 back, pemaps, with a
pt"':lLaw of 575,000 sq. ft. 'i1atever is available new will
not be inc:reased: howøver it will not be the plan being
ca'lSidered at this time. It will have surface parkiJ'q and
be entirely different. He stated he should not have to CJO
throogh the traffic 0CI1Sideratia1s ~we he wculd be
t.alki1g abwt r:ecanstruct:.i ~t is m the site at this
time.
.
Mr. Cowan stated it wa1ld be a ~e new a¡:.plicatim an:!
the traffic LctJULt ......'ld be scaled beIck. '!here wa1ld be
different traffic .".........tim r -i.. . '1he traffic plan
~11n..itted wa1ld be ~if'ied to reflect a lower J'1I1IIh!r. It
wa1ld require a new a¡:.plicatim.
Di..........ia1 followed regardinr¡ the i......1e of ¡:i1asing of
demolishin:.J and CXI1St%uc:tia1 (Item 11). It was s..,,~-ted
that 575,000 sq. ft. be approved with this a¡;:plicatia1.
Ccn:titim No. 13 was deleted; Ontitia114 was c:han:}IId to
read, "ÍJIprt:M!ment plan". OntitiCl'lS 15, 16, and 17 were
~ as "",n..itted. Ontitia1 18 was amended to allow
for video smvei.11.aooe; OntitiCl'lS 19 and 20 were approved
as sl1n..itted Ontitim No. 21 was ~wed with tho last
plSrœp.a¡Jl ~i f'ied to state that the net b.1ildinq area is
derived after subtzact:inq cafeteria space, pedestrian
bri~ and ncn ...,layee _....atinq atrium EIpaOe.
Ccn:titim 22 shall have the wards "with the goal" deleted
arxl the actual ñrrI""""1t frail Wiå1 the "II"".,...... are derived
included b the OCI1ditim. Item No. 22 was ~ as
EP,n..:tted. Item No. 23 was ~ as per staff
amendme11t: Ccn:titim No. 24 is to delete refereooe to an
east dock m of aúldinq C. Ccn:titim No. 25 was ~
as "",n..itted. In regard to Ccn:titim No. 26, Oouncil
ñi ""' ¡;ged the square footage of the three PL'¥-Sed
buildings that wa1ld be fra1tin;J on DeAnza Boolevard and
a¡:prtNal of a master use permit am entitlement for
c:x:f1St:ruc:ti three b.1ildings with tl1e first b.úldinq to be
started within seven years.
.
-5-
.
Coop. agree- I
ment with SCC-f
:-tortgage Credi
Cert. Program
I
I
Res. 8014
adopted
cottssioner's
dinner
,
I
,
Second reading!
Ord. 1517
Ord. 1517
enacted
.
I'
i
MINtJI'ES OF '!HE JJ\NtJARY 22, 1990, AD:TCXJRNED RmUIAR c:rr'i
CXXJNCIL ME:E:'I'DC (œ-783)
M': . Så:Jrato came forward and stated he was wit:b::1rawin] the
ðfPlicatim. (City Clerk'. Note: Director of Finaooe
Snyder enters <:)unnN>r 9:20 p.m.)
26. J\/:iqItim of c:x>opelcd.ive ~..........IL with CD.Inty of santa
Clara to participate in ItJrtgage Credit certificatia1
p1:'-";L..... with designatim of a $12,000 ~it.
(a) Resolutim No. 8014: "A Resolutia1 of the City
Council of the City of Q¡pertino Autharizing
EIœcutia'I of 1ql..........IL with the CUmty of santa
Clara to Participate in a Mart:gaga credit
Certificatim PL'-";Law."
It was DK:Ned by Counc. Sorensen, secx::.rài!d by Counc. ~l
and p""e..... 1.II1aJÚJIIcUsly to adc¢ the resolutia1.
27. Chan;Je in positim of allc::JWinq the q:81inq of the new
soothbcund lane m Rcute 85 narth of I280.
It was DK:Ned by Counc. ("J>1"""''1, ~.:Jtod by CCiUnc. Szabo
and P"-9d urIaI'ÚJIIOOBly to CCI1t.ime this item to the meeting
of Februazy 5.
28. 5electia1 of date for arn¡al lhrwnl....imer's dinner.
By cx:nsensus, Oouncil selec::tr 'W:ål 1.
WRITl!N CXJHJNICATIœs
29. Ncr1e.
CIRDINANCES
30. &.c....d readinq and er-.:t.-.t. of 0rdiMnce No. 1517:
"An Ordinance of the City Oouncil of the City of
O,¡pert.im A1III!IXiinq Sectim 1l.08.250 of the Q¡pertino
Mmicipal cn.1e Relatinq to Bicycle lane Designatim to
In::lude PnJneridge AverJJe."
It was DK:Ned by Counc. Sorensen, secx::.rài!d by Counc. Fq:ipel
and I"'ee'5!d unanimcusly to read Ordinance No. 1517 by title
only and the City ClerK's readinq to CCI'1Stitute the SéocuJ
readinq thereof.
It was mcrled by Counc. Sorensen, secx::.rài!d by Counc. J<:cwel
and l"'~~9d unarU..mcœly to enact ordinance No. 1517.
-6-
I
HINtJI'ES OF 'mE JANU.ARi 22, 1990, ADJaJRNED ~ CI'IY
CXXJNCIL MEEl'IN:; (œ-783)
31. Seccn:i reading and enacbœnt of Ordinance No. 1519:
"An Ordinance of the City c.ouooil of the City of
QJpertino Amerxiin¡ Sectim 16.56.030 of the Q¡pertino
Iotmicipal 0:Jde IIslatinq to ViolatiCl'lS of the UUfom
Halsinq 0:Jde."
It was IIICIVed by Counc. Sorensen, SðC-...:Jo:d by Ccunc. ~l
and I"'e-ed unanimously to reed Ordinance No. 1519 by title
only and the City ClerK's readinq to OCIatituta the seoc:tìd
readinq thereof.
It was IIICIVed by Counc. Su..... nn, SðC-..dwl by Counc. ~1
and I"'e-ed \.II'IIUÙJIIaWly to enact ominance Nt'. 1.519.
At 9:30 p.m., Council adjOOIned to <:Jœtel__ ax. A for a
Closed Sessi,:n pertaininq to pendinq litigatia1 - Prcm XX
Inc. VB. City of 0Jpertin0, SUperi.ar Ocurt Actim No.
694440.
Oouncil reoc:.nvened in Q\.o..~-er at 10:00 p.m.
0::JUnc. Pr=a .líL:
Sorensen, Szabo, MIIyar ~..
Counc. Absent:
Counc. Goldman, Fq:pel
staff Prenut:
City Manager Brown
City ClerK 0....._1 it:lS
Directar of Public ~k.o visJa:wic:h
Director of n-m"'1ity De\IelopIø1t Cowan
It was mcved by Cbmc. s......... HIl, seoc:tìdt.d by Cbmc. Szabo
and p"8ved unanimously (3-0) to direct staff to cxnt:act
parties involved and l."'t"'LL back.
At 10:05 p.m., Oouncil adjOOIned to 1t:'Iœy, Jaramry 29,
1990, 6:30 p.m., O,¡pert.im High Så1col 10100 F:inà1 AverJJ8,
CUpertiIX>, califœ:ni.a.
-7-
Second reading
Ord. 1519
Orci. l5l9
enacted
Closed Session