CC 01-29-90
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CITY OF aJPERI'INO, ~ OF CALIFORNIA
10300 'lut<t<l:; AVENUE, a.JF£Rl'IK), CA 95014
TELEPHONE: (408) 252-4505
œ-783C
MINtJI'ES OF '!HE ADJOORNED REmIAR CI'lY <XXJNCIL MŒl'I1C
HErD æ JANUARY 29, 1990, a.JF£Rl'IK) HIGH samL
AIJDrroRruM, 10100 FINO{ AVENUE, a.JF£Rl'IK), C1U.IRJRNIÞ.
CAlL 'ro 0Rœk
'!be meetinq was called to ozder by Mayor Rcgers at 6:35
p.m.
/"'Tl'1I':F.n SESSIæ
Mayor RDgels aJ'll'}OOI)Oed that Cameil wwld adjœm to RealI 8
for a Closed sessim.
'!he City Att.ozney stated that the two items for the closed
sessim pertained to perxlinq litigatim (Prall XX Inc. VB.
City of OJpert.i.no, SUperior Court Ac:ticn No. 694440) and
negotiatia'lS fur real ~_ty (DeAnza Racquet Club,
Vidaviå1 et. al.).
At 7: 15 p.m., Council rectI"M!I1ed in the auditorium.
COJnc. ~ .tt:
Goldman, ~, 5on:nsen, Szabo, Mayor Rogel:&
staff PL s allt:
City Manager Brown
City Clerk COrnelius
Director of Public Works VisJa:wic:h
t Director of thmo1'Úty D8Y8l,¥"""IL Cowan
Director of F:iname snyder
Directar of Parlœ and Recreatia1 Dr'Mlinq
Assistant to the City Manager Brown
City Attamey Kilian
'!be City Att.ozney aJ'll'}OOI)Oed that in regaId to Prall XX Inc.
VB. City of ClJpertino, Cameil had directed the City
Att.ozney to ~. >Oeed as directed and the City Manager to
meet with ~te parties and tzy to resolve the
issue .
In the matter of the DeAnza Racquet Club, Cameil had
directed staff to ccrwey a camter offer regardinq
pJrChase.
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MINUI'ES OF '!HE JANUARY 29, 1990 ADJaJRNED RmJIAR CI'IY
CXXJNCIL MŒl'DC (CX::-783C)
Mayor Rogers told the aucli.erxJe that they wcuM røI lo'L' .---'
with the items listed m the agezda pertainir.g to Higtv.iY
85.
œAL cx:IHJNICATIœs
roBLIC HF.ARIOO
Review and iliRrJ1"'E1im regardinJ the pl~ plan for RaJte
85. Ca1s:ideratim of executim of a freetlay ðyL........uL with
califœ:ni.a Department of Transportation (cal Trims) and a
perfoxmanoe ägl.e.....:...L with the Santa Clara camty Traffic
Authority .
(a) Resolutia1 No. 8024: "A Resolutim of the City
Council of the City of QJpertino Authorizinq
Executim of fL sHay Ag1.e.....:..1t with the califœ:ni.a
Department of Transportatim (Rr:ute 85)."
(b) Resolutim No. 8025: "A Resolutim of the City
Oouncil of the City of CUpertino Authorizinq
~m of a Memorandum of tJnderstanciinq with
the califœ:ni.a Department of Transportatim (RaJte
85)."
(c) Resolutim No. 8026:
Council of the City
california Department
Preserve Right of Way
Highway 85 Int.erc:hanJe. n
Director of Public ~k.o visJa:wic:h ~ ,.Lad t.is l:~ L
shcwin1 steps taken and reo=- ····...IdatiCl'lS. Mr. Viskavic:h
rec:.. -..._Ided that there be a 1I1aItI..... aI'dum of _
with cal Trims to link the !l. ~¡ray __.....uL with the
vertical profile and plan line as adcpted by the City. At
the request of a Counci 1........~ c, Mr. Viskcvidl clarified the
three ðyu,.......ItiI.
"A Resolutim of the City
of a¡pertino Requestinq
of Transportatim to
at the~, epect Road and
Harry Yahata, Dep1ty District Director of cal Trims, said
that the aqE!lCj has had KX1s with other cities. Mr.
Viskcvidl has asked for an H:X1 and it is acceptable to cal
Trans. SUCh an ÒjL...........IL is bindin;J and the state oc:W.d
not OOlld the r~_.R!JY differently. A draft M:XJ oc:W.d be
ready within weeks. 'Ihe ~...........It has to have
env:iJ:onmenta1 evaluatiCl'lS; this is goinq on røI.
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MINl1I'ES OF '!HE JANUARY 29, 1990 ADJaJRNED REX>UIl\R CI'lY
CXXJNCIL MEE:1'ING (œ-783C)
If the vertical profile is ~ at this meet:in:J, it
will not be l""""""''';Ot'Y to hz:ve a p.¡blic hearing aheM: the
M:U. It will be an item m an agerx:!a at a regular meetinq.
'!be freeway ag1:eeIueIlt pertains to the westerly half of tile
Saratoga-SUnnyvale Road¡Hi.ghway 85 interchange. san Jose
will have to amerxi their agreement for the œlance of the
interchange.
Jim Beall, Council..-.her, san Jose, said t.'1at it was
reasonable to expect san Jose to awrave such a c::::han;Je of
f'1._;iay ~L=wr::i1t.
Council then q¡ened the meeting for p.¡blic irpIt.
!.event Ersoy of the Sa.rt:h CUpertiIX> Freeway cœmittee,
thanJœd evetyane for the coc.perative effort in solvinq
j"'-c:t..... pertaininq to Rr:ute 85. He reviewed the purpose of
the t'nI'IIIittee, the.:r goals and solutiCl'lS and stated that
the t'Y'ftImittee SUR--rls the .interchange and ~'l.:nd
profile. Mr. Ersoy said that thanks to Highway 85,
neighbors noIor Ia'ni each other and Ia'ni how gcvemment
\IOrks .
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Joan Maleski, 1469 PcwY Way, said CUpertiIX> will have
three ~ and saratoga only me. She does not
feel this is equitable. '!he level of service is predicted
to be D; what ha~ if i~ slips to E or Io'Crse. '!his is a
ooncern. '!hen, tile interchan;Je will be m--ü>ñ at Prospect.
Ms. Maleski requests that Resolutim No. 8026 be approved.
She urged that the Traffic Authority pass a si1llilar
resolutim. She pointed out Exhibit M of the staff L"'tIULt,
tmich is Mr. Yahata I s letter statinq that cal TrIIns
OCI'ISiders that land as defined on the existin:¡ right-of-way
ma¡:s as land n! - ~"d for operatim right-of-way.
Hemy Wespiser, 7608 Pei!Iå1 Blœl!CIII Drive, thanJœd City
co.mcil and staff for their CJC>qJeratim and stated that the
1-'L' <"",,,a had been a good ÐCpe1:ienoe. He thanked the peq>le
who had \IOrked m the ('t"OmIittee, those who had signed
petitiCl'lS, atteOOed. the meetirgs, etc. '!be ocmnittee will
not be disbanded, but will continue to \IOrk with Council
and staff. Mr. Weod <=er expressed the opinion that Mr.
vi.skcvich had done a great jab. '!be oamnittee urges
Cameil to read and sign the PL~ M:U prior to signinq
the other agLe.::w.:trt:s. He suggested a suwlement to the
environmental içact report address~ the soorrl. levels m
the new design and expressed the hcp! that CUpertiIX> "-'OOld
get full control of traffic lights at the intersectiCl'lS.
On behalf of the camú.ttee, he expressed sincere thanks to
al1.
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MINUI'ES OF THE JANUM?Y 29, 1990 ADJaJRNED REnJL\R CI'IY
CXXJNCIL MEE'I'DC (œ-783C)
Mike a.ù.lock, 21831 Hennœa AVernJe, had a1II! primary point -
a mwlduel.tðl EIR rT -1", to be prepared. '!he map frail the
final EIR of Highway 85 shews an interchan;Je at PLûSp&~
arx:l me at Q..úto. '!he Saratoga City Council has always
q:posed these interchan;Jes. Also, the loss of Highway 280
a~" a1to stevens Creek 8QÙevard at 85 needs to be
addressed. At winchester and ß:o!Ql"Y'Ol\, Los Gates and san
Jose are still \IOrXiJ'q m an agl..........IL. SUèstantial
~ have c:x:nIn"ed and a SlWlemental EIR is m -iM.
Mr. a.ù.lock stated that in a similar ~-B the GI_1upe
CO=idcr, a SlWlemental EIR was required after lawsuits
wel."Ð filed by haDeowners. '!be ~ oocurrin;J en Highway
85 are even IIDN extreme. '!his is an '-M"-'LWnity as the
original EIR did not take growth ÍJViIInM by the f1:ee1ay
into ..~. Highway 85 will trigger more growth and Jl¥)re
traffic. Mr. aù.lock does not think the final decisia1S on
Highway 85 shaIld be made until a SlWlemental EIR is
OCIIplete.
David Radtke, 7449 Roll~l Drive, thanked the south
CUpertino n-n.nittee and Mr. viskavim and also SUR>:4.ted a
SlWl.....ei/tal EIR. In regard to;) sound walls near
Saratoga-5unnyva1e Read, he stated he was more ~
with sound than seeinq the walls. He recpISted that there
be no Íl.l!!!Jay ~Le.emer.t signed until the city kr1cMI what
the perfœ:manoe _..eIœ11t will be.
Don Ferata of DeAnza COllege, vice President of student
Services, UJ:t1::eed the plan to r-bv-... the dep1:essim in the
vicinity of the oollege. He ~~Hð oclloern aba1t: a
possible adverse effect en the oollege '"""'I"IS and urged
keeping a 13 foot depression there. Mr. Ferata was
informed that there will be a sound i"t"""'t evaluatim at a
later date. Mr. Ferata said he was not informed of this
chim;¡e earlier or he 1oIa.Ùd have been involved in the
di "'""lC>EJiCl'lS.
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Barbara Illcwsky, 21363 Dexter Drive, President of
Nathansa1 Ranch HaDeowners Associatim, said that they are
requestinq sound walls.
step1en Olsen, 7603 Hollanderty Place, asked Cameil if
they were aware that Rod Diridon states that the Regional
Air Resources Board has the power to stop all of these
projects. '!hey will be ~ out with a list in February.
He expr-"9d c.....cem regardj.ng Measure A funds runninq out:
he also expressed ooncern regardj.ng soord walls.
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MINl1I'ES OF '!HE J1INUAl{Y 29, 1990 ADJa.JRNED REXõUIAR CIT'i
CXXJNCIL MEEI'ING (œ-783C)
Gordan Frolich, 1202 Belknap Ccurt, questia1ed heM wide
RainbcM Drive ~ld be where it '-'Au-..""ts to
Saratoga-SUnnyvale Read (Exhibit D of staff U"''-'LL). He
requested that it be three lanes wide with two lanes c::ani.n¡
into Highway 9; one to turn left and one to turn right. He
was infonoecl that at tl.e entrance to Saratoga-SUnnyvale
Road, it will be that way. Mr. Frolich urged that the
street be made that way further up. He was informed that
the City Council had designated Rainbow as t'ÑC lanes in the
general plan; haI.Æ!ver, the road does widen encu:Jh near the
intersection for one lane ~ right and one lane
tw:nin;J left which sho.1ld take care of the demard.
A gentleman, resident of Rainbow, spoke against the full
i11tercharçe; haI.Æ!ver if there IIIJSt be one, it sho.1ld be
fully depressed like the others. He requested that the
stq¡ lights be elillw1ated.
Dick Weaver, 21426 Rumford Drive, add!"""'....... Oouncil
:regardin:J the P..· ..pe.~ interd1an:Je. He asJœd aba1t the
soothba1ni exit and northbourñ exit. He mentia1ed the
mechanism that will be used to trigger further acticn in
the Navember Drive area and ~ that the same type of
thin:] be used to activate an ~ at &..spect.
John Gatto, 20685 Garden Manor Ccurt, thanked staff and the
nr'ftIftittee for their solutim for which he ~ --~
S1JRX>rt. In regard to iDplementatim, Mr. Gatto said that
when tœ strategic Plan was first þr:a:lcted, it was state
of the art at the D:JDent. SCIIIe asSI1I1t'tiCl'lS m which that
plan was based are no lcn;¡er tJ:ue. '!he ði""""'Ù int:erctIan;Je
sho.1ld not open until Rainbow is thra.1gh. In regard to
Item 12, Exhibit J, there sho.1ld be a six mart:h trigger.
'!he perfcmDal'D! Ò:fL..........1t ns-~" to provide an :ircn-clad
guarantee that O,¡pert.im' s part of the fi. E!uay will be
cpened. '!he time1ine sho.1ld be made availahle as quickly
as possible. '!here sho.1ld be no i"t"''"': on neighborhoods.
'!he Ma%y AVF.!I'1Ue avercrœsing is L-x!epement of the f:.t.~.
A DeAnza College exit is inp:>rtant. '!be sÍ1xJle-lane merge
at Highway 280/85 is \oIOr]dn;J. Mr. Gatto suggested it be
considered for pezmanent use.
GIIj Berry, resident of Barnhardt way, brought up the
possibility of running cut of m:mey to finish to'1e f.._"ray
and possible legal action fr::m the Los Gates and Saratoga
anti-freeway groups. He expressed conc:em that the fueuay
woold be l:ci1t in 0Jpertin:> only. It is his urx3erst:arxU.n
that the Saratoga agræment says that the freeway oculd not
be open unless it is all carpleted.
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MINt1I'ES OF '!HE J1INl!ARY 29, 199C ADJOORNED:REX;UI.AR c:rIY
CUJHCIL MEErnIG (œ-783C)
will KeIIpta'I, Traffic Authority, said that the ~ in
Saratoga's perfœ:manoe a.;j1...e.u.:..1 is iðentical to
CUpertino's ðyu""......IL and san Jose's.
Anna Kabasian, stellinq Read, said that this has been goinq
en for a lδJ time. '!here is a need for the fi. eoIray: the
more delays, the more expensive it þA.. ......., then the more
traffic there is. Traffic noise cannot be avoided.
Jerry Marks of san Jose, asked hew traffic wculd be banned
on Rainbow goinq to Palo Alto.
ME.". Viskavic:h inf... ......1 him that they will have to go narth
and make a U-turn and OCIIIB back to the fHel1ay.
will KeIIpta'I and Harry Yahata introduced their zespect.ive
staff ..-nhers l-'L S .IL.
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sam Rae stated the solutia1 ilL' ,^.'3d ~... to be the ~
me. He awns l-'L_lt at the int:ergecticn of Rainbofor and
Saratoga-sunrtyvale Ro8d and if there oculd be a ~ign
he wcu1d ~ it.
May KcsJd, Wildflower Way, urged Camcil to make a "'-"isim
and not delay actia1.
It was DK:Ned by Counc. J&{'pel, seca1ded by came &..L..Lan
and p"e~9d unanimI:uIly to close the public hearinq.
RE1'~~Q: 9:25-9:35 P.M.
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UpcI1 reocmoeni.nq, Oouncil <'Ii........,,9d the l-'L't.œal.
ME.". VisJccvic:h info.. --.. them that the traffic lights "'co..M
be urñer cal 'h..... He is aOLLelltly WOIicinq to read1 an
ðo:fL_.....IL with the City of san Jose to p.Jt the lights under
the City's Int.et...........'"t PL'-";Law. If the traffic level gees
below D, iDprcveœnts 1U't be IIIIIde as ~ by
O,¡pert.im's (}EII.....al plan. SUCh a drcp in level of service
could trigger looJtiJç again at a PL'.spect i.nterå1an:]e: D is
the universal standard used. In regard to a SUR'l........íLal
ErR, the City has been advise1 that it is not required for
the d1an3es in O,¡pert.im.
Will KeIIpta'I said that a re-evaluation effort is under way.
(Re-evaluatim pertains to a su¡:plement ErR. ) 'Ihis
re-evaluatim has been l-'L' .--....il)} since the design d1anges
started. 'Ihe City will receive a copy when it is OCI!plete.
Council <'Ii .'''''"e~ed in..u..}lV.catinq keeping the PL' .spect
right-of-way into the M:XJ. '!be right-of-way could not be
sold withcA..'t CUpertino's a.;j1.......1lel1t.
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MINUl'ES OF 'IHE JANUARY 29, 1990 AIlTCXJmD REœIAR CI'lY
CXXJNCIL MSEl'ING (CC-783C)
Mr. Yahata of cal Tran..q stated that this wo..ù.d be awkwa1:d
since P......-pect is not in CUpertino's j'.lrisdictim. He is
not sure hew bWinq it ...culd be. He will ñi""',.... this
matter with his legal staff and get back to co;mcil.
Upon being questi.a1ed by Cameil, Mr. Viskavid1 stated that
tr.e west CJpertino aœ~ð issue will be pusulted in
awroximately b«) 1IØIths.
SlJl:pJrt was _ """-ðOO for the idea of widening the Rainbow
Drive a~ð. Also, aooes9 m 280 sa.tthboun:i as SU:tJYted
by Mr. Gatto is not preclOOÐd.
It was IDCII1ed by Counc. Szabo, secx:njed by Q:Junc. G0]ßm:01'\
am. pa9~ unanimc:A1s1y to awrave the vertical profile of
Highway 85 as per page 4 of the staff U'iA'Lt dated Jamary
23, 1990 (SUmmary of Profile).
It was DK:Ned by O::mx:. Szabo, MCX'I'1ded by Came. Kqipe1 and
pa9ðOO unanimcusly to adept Resolutim No. 8024 awravinq
the free,¡ay .."............It, ~ upcn ~ of the
Memoramum of umerst.anr:iinq.
It was DK:Ned by Counc. Goldman, secx:njed by Q:Junc. Kq:pel
and p"ððOO \ll'l2llÙJllC:Aly to adept Resolutim l~. 8026.
DeAnza p,o<Tlt"* Club
It was DK:Ned by Counc. Fq:pel, seocrxk!d by Q:Junc. Sat'8œc1
and pIIeðed ~y to ..........uv'8 the p.m::hase of the
DeAnza Rac:quet Club (6.1+ acres) for $7.9 milUm. SUå1
p.¡rå1ase will be an extensim of Mt:au.A:ial FImc for the
pmpose of a Ill.Ùti-use sports """Tlex. Ultimate uses J1JIJ.'f
inc:l00e tennis facilities, a gymnasi\DII, a public swiJIDin;J
pool and other USoaS such as a restaurant, pro shcp and
locker 1\JUID.
'lbe City Attœ:ney stated that the City coonci1 made a
oo.mter offer of $',.9 millim, cash in 60 days, 1oI1ich was
acoepted taúght by Mr. Vidavid1 on behalf of his
partnership.
At 10:05 p.:.a., O:ur.cil adjwrned to 9:00 a.m., FebrUary 2,
CUpertino :r.:.m.
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Ci't~.v
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