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CC 02-05-90 '. CITY' OF ahJ.t:Kl'.1.rJO, STATE OF CALIFC1<NIA 10300 'IQRR; AVUIDE, a.JPERI'!NO, CA 95014 TELEPHONE: (408) 252-4505 MINTJI'ES OF 'lEE RmJU\R CITY' CXXJNCIL MEE:l'DG HEID CN FEERJARY 5, 1990, <XIlFERENCE RXItS C AND D, CITY HAIL, 1:>300 'J.ut<f<f: AVENJE, aJF£Rl'I!Ð, c:1ü.IFœrrA CC-784 Legislative Review Cœmittee - First Floor Cc:nfel....,.,.. Rrxm - 6:15 p.m. SAIlJI'E 'ro 'lEE FIAG '!be roeet irg waf> called to order by Mayor Rogers at 6: 50 p.m. mLL C1U.L ca.mc. Present: Goldman, Sorensen, Szabo, Mayor Rcgers ~. Absent: Kq:pel Staff Present: city Manager Brown city ClerK cornelius Director of Public works Vis1a:wiå1 Director of l"'roIontrù.ty Devel'¥""".L Cowan Assistant to the City Manager Brown Director of Finance snyder Director ~f ParIes and Recreaticl1 Ccwlinq Public I1lfomatim Officer Krey Associate Planner Ciddy wordell Halsin:J and s.mric:es COOXdinator Norlinq city Attorney Kilian ~ It was moved by Counc. Goldman, ..eo.....Jed by Ocunc. Sorensen and pa.."ISed unanin¥:1JSly to rE!IIICY8 Item No. 2 frail the agerœ. CEREHJNIAL MA'ITERS - PRESmrATIœs Proclamation of appreciation for CAltgoin:J C'rImIi.....ianers Sharon Blaine ar.d IP-n Batchelor. -1- MINUI'ES OF '!HE FEBRUARY 5, 1990, RmJIAR CIT'i o:xJNCIL ~ (œ-784) Mayor Rogers presented Hr. Bau.i..,}= with a proclamation expressing the city's a¡:preciatim fo...· ~.is service. Oath of office an:i certificate of ~LII.,...uL for newly a¡:;pointed CQmd RSianers. '!be l"rwmIi....ianers received their œ,ths and certificates. ORAL CXHIJNICATIœs Wally Dean, 0Jpertin0 DeAnza Aquatics, anna.nred that tl1e team has 'IiCI'1 their zme d1aDpicnships again. Also, the Parks and Recreatim ()"omIi ....ion thanks tl1e Council in rega1.d to the ~ of the DeAnza Racquet Club. Dean Skeels also thanked Ca.1nCil m behalf of the Parks and Recreatim l"rwmIiR.'SIicn. Rúl Halsted, 0Jpertin0 watcniog, said that the 2.4 acre triarx¡le parJd.rg lot shoold be cawerted to penuanent qJen e:paœ as SOa1 as possible. Mr. Hlùsted stated that the former City Manager wrJœ for PraDetha:9 aud Ccmx::. Goldman "conflicted aIt" after votin:J m the item. He i.nten:Js to ask the Grand Jury and the District Attorney to investigate the City's political integrity. Karl Paradise, 20281 Pim1tage Parkway, said that there is cventIe1minq evidenoe that the triarx¡le parJd.rg lot should be qJen spaoe. It was listed as qJen spaoe in the approved zarlrq exhibit and the approved use pemit. '!he 1989 Ca'1solidated General Plan says that the City shall ensure t~:at Tam omter has qø1 spaoe linkinq both sides of Torre to stevans Creek Boulevard. '!he Exhibit A, seoolld revisim, sbcws the trian:;¡'le as qJeI'l space bordered by trees. In his q>inim, the parJd.rg lot is devel'¥"""lt. Mr. Paradise wants the facts eo<"""i1'led and acted m. David Townsley, 10166 Dal1Ibe Drive, said that he had sent a letter to Mr. Diller and walld like to meet with hbn under certain ocn:ütiCl'lS for a III1tual exd1ange of viewpoints in neutral territory. Mr. Rebert Wagner, Mark }(roll and me city Council...........,... shaIld be pr:S'snt. He sent this letter an January 13 and has had no respalSe. Sally waite addressed Council regarc:iirg the triarx¡le parJd.rg lot and expr<*'~ ca.oem regardinJ parkinJ for O1ateau 0Jpertin:> residents and guests. -2- MINUl'ES OF '!HE FEBRUARY 5, 1990, RB;UIAR CITY a:X.iNCIL MEEI'DC (œ-784) JctJn Marshall, 11101 Salth Stellinq, requested tiI.at the city let residents kna.r ...nen the recyclirq picJoJps are. He stated there is sane catfusion in the N'ImI"'1ity. He su.:>')édted that a recyclirq flag be placed at, perhaps, DeAnza COllege when it was recyclin;¡' picJoJp week. In regard to the Festival/SepteIIiJer Drive cut-thrcu.Jh, he said that there is a line of cars bac1œd up on Stellinq at Orim headirq narth. Cars turn down ROOindell and peuetrate the neighborl1ood. He feels the same will ha¡:pen in the Festival/Sept:.esIiJer area. a::NSml' CAInID1\R Mayor ~.. rE!IOCIVed Item No.3; Counc. Goldman removed Item No.5. It was DK:Ned by Counc. Szabo, seccn:Bi by Came. Goldman and l"""e1i!d ~ly (4-0) to ~ the balance of the 0Œ1sent calermr as sl1hnitted. 1. Resolutim No. 8028: "A Resolutim of the City Cameil of the City of QJpertino MaJd.ng Det:eminatiCl'lS and ~ the Annexaticr. of Territory Designated ''''1--' AvenJe 89-11', J\H.ILu;i-tely 0.14 Acre IDeated m the Salth Side of ",1~ AvenJe BebJeen Olive Aver&Je and Byrne AvenJe, Lenihan (Am 357-15-031) ." 2. Prevla.1s1y removed !ran the aqenda. 3. RII!maYed frail the 0Œ1sent calermr. 4. P-}I-t for waiver of 1990 ~iness license fees filed by Friends of the Q1pel.tino Library. 5. RII!maYed fr.:m the CaIsent Cùermr. 6. Aooeptanoe of III1lÙcipal i:aprcNements: a) Tract No. 8062, Gerard O,¡pert.im Partners I, Millart3¡Mary Averue b) Step1en Gazzera, stevens Creek Bc:W.evarcl, (Pizzeria uno) c) Tandem CcIIpJter, arildinq 200, 10435 North Tantau Avenue -3- Consent Calendar MINUl'ES OF 'mE F'EIR.Wri 5, 1990, RffiUlAR CIT'í CIL"NcrL MEE:rIN:; (œ-784) 7. Resolution No. 8034: "A Resolution of the C1ty Council of the cJ.ty of OJpertino AlICMinq Certain CléÚms and DeJDanjs Payable in the A100unts and fran the PUnds as Hereinafter Descr:iJJed for Salaries and wages for the Payroll Period En:ii.n:J JaJ1lJðIY 16, 1990." 8. Resolution No. 8035: "A Resolutioo of the City Council of the City of CUpertino AlICMinq Certain CléÚms and DeJDanjs Payable in the l\1!Ø.tnts and Fran the PUnds as Hereinafter Described for General and Misoe11anecus Expenditures for the Period Err::iin::J January 12, 1990." 9. Resolutim No. 8036: "A Resolution of the City Oouncil of the City of 0Jperti.n0 AlICMinq Certain CléÚms and DeJDanjs Payable in the A100unts and Fran the PUnds as Hereinafter Described for General and Misœllanecus Expenditures for tile Period ~ Jaruary 26, 1990." 10. Request for å1-¥L"I'Liatim of $8,320 frœt the ~......l fund for participatia1 in the Cwnty Hazardcus Waste Mana<:'þ-·-·,L Plan iJlpl_d..4tim þ1.~LGIII (Tanner). (a) Resolutia1 No. 8027: "A Resolutim of the City Council of the City of 0Jpertin0 ApprCJvinq a Ccntribltim to P\1ndin;J for IDplementatim of the santa Clara county Hazardo.1s Waste Mancy-·-It Plan." n. Min1tes of the adjcumed regular meetin::J of Jamary 10, ~990. 12. Mim1tes of the adjc::umed regular meetinq of JaJ'IJUY 16, 199C. 13. )1in.1tt.'8 of the regular meetinq of Jaruary 16, 1990. 14. Mirart:es of the adjc::umed regular meetinq of Jamary 17, 1990. 15. Mirart:es cf the adjc::umed regular meetil'¥] of Januarf 22, 1990. 16. Min...tes of the adjourned regular meetinq of Jannry 29, 1990. 17. Resolutim No. 7967: 'A ResolutiOl'1 of the City Council of the City of 0Jpertin0 AuthoridnJ EIœoltim of Grcun:i T ......... for the Leasin::J of PI"q)e.rty to santa Clara camty Central F}.re ProtectiŒ1 Distri-=t W C'a1struct ~ Maintain a FL-:e stat.ion at the southwest COmer of S""..ellinq Read and se'len Sprirgs Parkway." -4- MTh1JI'ES OF DiE FEBIiIJARY 5, 1990, REX;UIAR CITY <XXJNCIL MEE:l'TI1G (œ-784) 18. Reso1utim No. 8037: "A Resolution of the City council of t':1e City of CUpertiIX> A¡:provinq contr3ct 0IaJ'çe order No. 10 for ~ellan Read Widenin;¡, Project 4020." 19. Resolutim No. 8038: "A Resolution of the City Cameil of the City of CUpertiIX> ~rovin; tmtract: 0IaJ'çe order No. 1 for North stelling Read Widening, Project No. 89-4005." 20. Resolutim No. 8039: "A Resolutim of the City Council of the City of QJpertino A¡:proving Ca1tract ~ order No. 4 for stevens Creek Bwlevard I:IIpravements, Orange to R1ar rap, Project No. 4022." 21. Resolutim No. 8040: "A Resolutim of the City Council of the City of O,¡pert.im A¡:provinq Ca1tract 0IaJ'çe order No. 15 for n-mnrlty Center aúldinVMemorial Park Expæ1Sion, Project No. 2001." 22. Resolutim No. 8041: "A Resolutim of the City Oouncil of the City of O,¡pert.im A¡:provinq Ca1tract 0IaJ'çe order No. 2 for Traffic Signal M'xiificatim m pruneddge Avenue at Hewlett Packard Lrivewayand at .l'antau Avenue, Project 4026 and 5007." 23. Resolutim No. 8042: "A Resolutim of the City Council of the City of QJpertino Authorizing ~ttim of Ay..--=aIL with the cnmty of Santa Clara, ForuIP Lifec:are, Inc., and the RaIIan catholic Bishcp of San Jose, fc.r Grant of a water System h__·¡t for Ca1Structim, Cþ!ratim and Maintenance of Water Line Across lands of cnmty." 24. Resolutim No. 8043: "A Resolutim of the City Oouncil of the City of O,¡pert.im Acœpt:.izq Grant of water System h..-__, It. frail the cnmty of Santa Clara in O:I'Ijunctim with Forum Lifecare, Inc. Project, Foothill Bwlevarà. vote HeIri:Jers of the City Cameil AYES: Goldman, Sorensen, Szabo, Mayor Rcgers Na1e Kqpel Na1e OOES: ABSENI': ABSTAD/: -5" . MINUI'ES OF 'mE ~ 5, 1990, Rm.JIAR CITI <nJNCIL MEETING (œ-784) ITEM5 REH:IVED rnaf aJNSENI' CAIENI:I1<R . 3. Resolutim No. 8030: "A Resolution of the City Ca.Jrx::il of the City of 0Jpertin0 Declaring Intent to O:nñx:t a Public HeariIIg COI1oer1'1iIJ3 a Nuisance at All American Shq:pinq Center, Located m the Northwest COmer of Blaney Avenue and Bollin;¡er Read." It was IIICM!d by Counc. Sorensen, secxnjed by Came. Goldman ðlXi [""ft-ed unani.Dn.lsly (4-0) to adept: the resolutim amen:3ed to set the ¡:.ublic hearing for March 19. cnmcil directed that the City ClerK place on the February 20 agenda an itëm pertaining to can::ellation or charge of date for the March 5 meetin;J. 5. ~m of ,yy..,""'"'1ts pertaininJ to reIIDVal of the age restrictim m 51 apartment mlite at the DeAnza Properties Town Center Apartments, designation of ten (10) mlite within the 01atE;au CUpertino Ret.L.........IL Devel'¥"""rt.. for 00CI1p"rtCy as affordable rental dwellinq mlits for senior citizens, .."...........rt.. between the City of 0Jpertin0 and 0Jpertin0 n-mnùty Services for sc:reening and 1"1 ac- - IL sezvices for eligible senior citizens at O1ateau 0Jpertin0, and ather ocrxiitiCl'lS of ðwLuv<Ù as authorized by Cameil at their meetin;J of Nc:!IIeIIb!r 20, 1989. (a) Resolutim No. 8031: "A Resolution of ti.e City Oouncil of the City of O,¡pert.im Authdrizinq ~Itim of Release of Qwenant Pertaininq to Town Center ApartIIIents, IDeated at the so.ztheast Quadrant of stevens Creek Boulevard and Torre Averroe." DeAnza Properties . (b) Resolutim No. 8032: "A Resolutim of the City Oouncil of the City of 0Jpertin0 Authorizinq ~m of 07.'eMl1t Pertaininq to O1ateau 0Jpertin0, IDeated at 10150 Torre Averroe." (c) Resolutim No. 8033: "A Resolutim of the City Council of the City of CUpertino Authorizinq ~Itim of Cht-Year Ao,µ..........1t Bebieen the City of 0Jpertin0 and Q¡pertino ChmInùty Services and tra Experñiture of $15,000 fran the Seniors and }:.mdj~ Halsinq fUnd." cnmcil r'li<:n'e~ed the possibility of the payment of park dedication fees ..men the ðJ1,e.....:..it: is signed. -6- MINtJI'ES OF ':mE FEBR!.1ARY 5, 1990, RmJIAR CI'IY CXXJNCIL MEE:l'ING (œ-784) James Mehta, 10150 'Ibrre, AparbDent 252, O1ateau CUpertino, asked i:' the cœt of the subsidies woold result in rent increases . Halsi1Y;J am services Coordinator Norli1Y;J was directed to serrl a ~ of the navenant iI1c1udin:;J Exhibit B to him; however, Director of Chmonrity Devel,¥""",t COWan gave him a c:xpy . R1il. Halsted requested clarificatim regard.i.ng ccn:iitiaw. In regard to the park dedicatim fee, he felt that shculd be ðR)lied to the p.m::hase of the 2.4 acre triarx;Jle in Town Center. He also stated that the residents of OIateau CUpertino need better notice of meetinqs and they also need better parkinq. He ~ eoo the qlWm that the 5M reductim of park dedicatiŒ1 fees authorized for PraDetheus Devel,¥""",t was unwarranted. Irene Elliott, resident of O1ateau CUpertino, said that m NoIr~ 1, there had been $100 a mcnth rent increases. She also stated that parkinq is terrible. }{o..I"'ft RaYno, resident of O1ateau CUpertino, stated that Counc. Szabo had said he didn't believe in highrises when he was '"'""t"'igninq. Hew does he feel abJut 120 apartments? Mr. RaYno said he had to get rid of his car as there was no roc:m for parkinq it. When his Sa1S oaue to visit, there's no plaoe for them to park. Mrs. RaYno said this is very hard m their Sa1S. If there's a rent increase, they willlllCM! cut as a lot of OIateau Q¡pert.ino residents will. Paul llgentrltz, 10268 D:In1be Drive, had heard abJut ccn:iitiaw at OIateau CUpertino and that they had been dJeated cut of parkinq p1~. He SU:.~--ted that Oouncil look at the way the original analysis had been da1e. 'D1ere IIIJSt have been a reascn to have required the 51 units. 'D1ere is no way to enforce not passing CI'1 costs of subsidies. PraDetheus shoold be í..,n-.l to make the triarx;Jle a park. '1here are many small parks in cities. Mr. Vidavidl is b.1ildin;J offices where parJdn;J spaces shoold have been. Mr. COWan explained the parJdn;J ratio, heM it was detennined and what has been done to get more, as 1Æll as the history of the 51 units. Counc. Goldman DK:Ned that the aYL........nt referred to in Resolutim No. 8031 be signed upa1 receipt of the additional fees required. -7- I I \ I ! MINUI'E3 OF '!HE FEBRUARY 5, MEEI'ING (œ-784) 1990, RmJlAR CITY CXXJNCIL , John Vidovich, awlicant, eJqJreSSed the ~inion that Counc. Goldman shalld disqualify himself fran this item as his fixm had bid on a project of Mr. vidovich's and oc:me in secorxi. Mr. Vidovich stated he will pay the same as everyryne else and no nore. He was informed that the Jrotion only clarifies the t:iming of when fees are paid. Mr. vidovich stated that if that is the normal ~()c""'I1]re, that is all right; otheI:Wise, he objects. '!be Jrotion was secorxied by Came. Sorensen. Came. Goldman stated that .in regard to the first iaaue of his fixm bidr:lin;J a1 a project, the fixm did bid. He stated that his fixm will do no projects for Mr. Vidovich and that he had received no caçaign Oa1tribItia1S fran Mr. Vidavich. City Attorney Kilian, upon beinq told that the bid and denial had cxx:urred aver a year ago, stated that legally, a cc:mx::; l111P111har should not pa...>ticipate if there is foreE'Mhle financial i.1rpact. At this time, he sees no financial .iJlpact on Counc. Goldman and does not believe he is disqualified frail votin:J. Director of Public Works Viskavich stated that when the final map is Z.......,LJt.J, the park dedication fees are ",."",lly paid. 'lhB mUon was adc:pted ~y (4-0). Came. Goldman stated that his fixm is willinq to decline II11Y ~Lünities for future ocntracts with Mr. Vidavich. It was JDCIVed by Counc. Szabo, seoouJed by Counc. Sorensen and pa'1eed unani.Dr::Jusly (4-0) to acJqIt Resolution No. 8031 as amended. Staff was directed to make an extra effort to notify residents of O1ateau CUpertiIX> on items affectinq that facility, partio.1larly those who had addressed Council (Mrs. Elliott, Mr. and Mrs. Rovno and Mr Mehta) . It was moved by Came. Sorensen, secorxied by Came. Szabo and passed unani.Dr::Jusly (4-0) to adopt Resolution No. 8032. It was moved by Came. Sorensen, seooroed by Came. Szabo and pa~~19d unani.Dr::Jusly (4-0) to adopt Resolution No. 8033. -8- KINtJm; OF 'ruE ~ S, 199Q, Rro.J1..AR ClTi <mNC!IL ~ (œ-784) Mr. vidovidl stated he already has staff parking off-site eYOept for two or three euplayees am is currently worJdnq wi tit Mr. cn.rcm rega.rd:in:J guest parIdnJ o;paœs. RTBLIC HEARINGS 25. Ca1sideration of aß'A"] of ASAC cx:nlitions of approval for Awlication ASlIC 51.809.2. lIfr-'l filed by Sam Rae, SRI services; property located at 1325 Saratoga-SUnnyvale Road. '!he appeal a.lh. ~-'eS cx:nlitiCl'lS pert.ain.in; to exterior sign height and placement for a sezvice statiŒ1/oc:rJYen.ien:e food store and removal of an existinq light standard sign. Director of rr...rnnrUty Devel,¥"""IL 0Jwan presented a review of the case and chrmology of a¡:plicatiCl'lS. Sam Rao, manager and owner of the Arco station, said that \ohm drivinq fran stevens Creek Ba.1levard south t.owaros his statim, it is hard to see the sign because there are 80 many other ones am Arco does not make anyt:h.inq to fit the existinq sign. He as1rM if Council were discriminating against: sezvice statiCl'lS. Bà:> Hoxsie, Architectural and Site AR;Iraval O:mni.ttee, said that the Arco sign at the statim on the OOJ.h.,... of Silverado is a1ly abCA.lt 4-5 feet high. Usually the City allows a1ly up to 6 feet. ASlIC did not ~ Mr. Rao's applicatim hAca1'se it 1'Y'01M not make the l'IeC'eE'e.'Y f~. Since his élßX)L.L-.IL to ASlIC, no snap-cn signs have been approved. ASlIC a¡proyed cne small sign and cne larger sign. He ~ not have çpraved the sign CuLL.....Uy there and stated he does not think ASlIC wculd. In regard to past experien:e with Mr. Rae, Mr. Hoxsie stated that it Sf .- that every time there was a mi.sunderstandi as to what W'úS çpraved and ead1 time, he puts up what has not been çpraved. Mr. Rae stated that that was not true. It was DK:Ned by Counc. Szabo, secxn:Ied by Came. Goldman and l"""~ \Il'IaI1im:uùy (4-0) to deny the ''IT'''''']. PIANNIN; APPLICATIœs 26. ~lication 29-U-89 am 41-FA-89 - Clayton N. stckes _ Use Pemit to operate a du1rd1 within an e.xistin:J 5,700 sq. ft. office 1:ui1din]. Envira1menta1 Determinatim: -9- ppea 1 ASAC 51. 809. 2 App. 29-U-89 & 4l-EA-89 · · Cuper t ino Sports Center · MThuræ OF '!HE F'EBRJARi' 5, 1990, REX;(JIAR CITY CXXJNCIL MEE.TIN:; (C'C-784) '!he Planninq rnm.i ....im reo ....->œ the grantinq of a Negative [)e(-1"'..-atia1. '!he l'L'+""Lty is located m the SQIth side of stevens Creek Boulevard, 200 ft. east of Finch AvenJe. ~:- ····-ILJecl for ..........uv'ZÙ. with ocnli. tiCl'lS. Mr. CCMm reviewed the a¡:plicatia1 for Oouncil. Clayta1 N. stoIœs, 21971 M:Clellan RoIId, was avAi1llhle shwld Council have any questiCl'lS. It was DK:Ned by Counc. Szabo, secc:rñed by Counc. sorensen and I"'ð,¡,ed unanimcusly (4-0) to ~V'18 the grantinq of the Negative t)oo('] aratia1. It was DK:Ned by COOne. Szabo, seoo.do!d by Came. sorensen and I"'ðeed unanimously (4-0) to awIC1Y8 the awlicatia1 per Planninq rnm.i....ia1 Resolutim No. 4238, with Ccn:titia1 No. 17 ammœ1 to state that trips cannot be tranBf..uad frail this site to another site without a public hearinq. ~ AND SITE APPRWAL CXHa'l'l'EE APPLICATIaIS 27. Na1e. UNFINISHED RJSDŒSS 28. Na1e. Næ IIJSINæS 29. Items of business pert:aininq to the purchase of ...............·i_tely 6.188 acres m the nartt1WIISt ............ of stevens Creek Bculevard and stelling Ræ.'Ci (D8lI11za ~ Club). Chuck Jaco" en, Citi.ZEr1S to save Q.1pertino Røc::reat.i.a1, thanIœd Oouncil for their visia1 to tuy the D8lI11za Spx:ts center. He urged that any plan for the site shculd include adequate cashflOll and he volunt.eend to serve as a __~ m any l'Y"OmIittee fu. ..--,,1 to develcp the plan. Bet> Hoxsie, M:Clellan RoIId, requested that Oouncil verify that the site was p¡rå1ased not just as a raoc;pJSt club. Cameil did verify that. (a) Request for aWLupLiatim of $1,920,000 frail the general fUn:l to be used toward the purd1ase the DeAnza Raoquet Club. -10- · MINUnS OF '!HE F'EBRUARY 5, 1990, REnT..AR CITY a::uNCIL MEETIN:; (œ-784) It was moved by Counc. Szabo, seconded by Counc. Sorensen and paesed unaniJOOusly (4-0) to a~LUIJLiate the funds. (b) Resolution No. 8044: "A Resolutim of the City Cameil of the city of CUpertiIX> Acceptjnq Grant Deed of Real Prcp!rty fran DeAnza Residential SUites for Public Purposes." It was 1ICVed by Counc. Szabo, seoanded by Counc. Solei......, and pa!''ged UJ1êIlÙJIIa sly (4-0) to adqJt the resolutim. (c) Resolution No. 8045: "A Resolutim of the City Cameil of the City of O,¡pert.im Authorizinq Initiation of the Rez~ PInoesE' for the DeAnza Racquet ClubjPark Site; Located et the Northwest CCIn1er of stevens Creek BcW.evard and stellinq Road." · It was DK:Ned by Came. Szabo, seoc:n:Bi bÿ Counc. Goldman and p"eeed UI'Ia1'rlJIn1s1y (4-0) to adopt the resolutim. (d) ~Ld~,..uL of financial advisor and bcn:l att.ozney to issœ certificates of Participatim for the ~ of p.u:å1asing the DeAnza Racquet ClubjParlt site. It was DK:Ned by Counc. Szabo, seoc:n:Bi by Counc. Goldman and pa!¡'ged UJ1êIlÙJIIa sly (4-0) to aß10int RausåM!r Pierce and Refsnes, Inc. as financial advisors and Jmes, Hall, Hill and i'Ilite as bcn:l oomsels and direct the City Manager to execute r--ary ðÇ¡L..........tts. · Mayor Rcgers !Il1I'D.InCed that the site is being referred to as the CUpertiIX> Sports Center. 30. ~ in positim of allowin:;J the qøúng of the new Ba1thbc:u'!d lane at Rart:e 85 north of I280. It was DK:Ned by Counc. Szabo, seoc:n:Bi by Counc. Goldman and !",--'!!d ~y (4-0) to authorize staff to send a letter to the Traffic Authority statin] that the City Cameil has revised its original positim m allowin:;J Ra.1te 85 new lanes to be opened for tr.e fo11owin:;J nIasCI'IS: 1) requiring the new lanes to remain unused is unrea.'.istic and oculd net be aoc> "I.lished due to the ...d.......... pressure brooght m by motorists wantinq to use the new lanes.; and 2) the pt....",cseci plan minimizes the inpact by pravidinq SCIII8 relief durin;J the interim until Ra.1te 280 is opened in November of 1990. -11- · · General Plan review & Citizen Goals Committee · MINlJl'ES OF nŒ FEfRIARY 5, 1990, Rf.œrAR CTIY a:wcIL MEETrnG (œ-784) '!be PL'ioCõ?d plan CXI!1SWts of h¡o ,a,'l.anents: ('> ..~ ·)......t A- m:xlificaticn to RaIte 85 by restripÍD:J 85 aver 280 by eliJninatinq three mixed lanes in exchange for me fI1.l lane anI two mi""""-flo.r lanes. Once past the offla.up, the secon:i mi""""-flo.r lane is dl~, yielding cne fI1.l and me mived-flo.r and widenirg of 85 near the sc:ut:hbc:mxi a1ræp to RaIte 280 to maintain h¡o CI'1t'a1IIJS and two lanes m 85 with an fI1.l lane to avoid a:rt:I potential cougestim. ('> ..~ <¡u~..L B-cœmitment for early openinq of Ralte 280 as lY'ImIitted by the state at a meet..in;J held in san Francisco m De<-.~ 13. 31. Review of cost reo::Nery pJ:"':ILaw when a ~.J police IespcIlSe to lc:ul an:3¡or disturbing parties/gatherin;pJ is required. Assistant to the City Manager Brown requested that this item be ref..uad to the Public safety Chrwni ....im. Bob Hoxsie stated this is not ë\wL,¥.riate. If there is a prci:>lem in the City, let's look at other solutiCl'lS. It was DK:Ned by coorx:. Sorensen, seoarx!ed by Counc. Goldman and pa'ilsed unaniJID.ISly (4-0) to refer this to the Public safety Chrwni....iat for review and reo ...._'dation. 32. Report of the Director of rnm."1ity DeYel'¥"""1t reg¡mUn:J the review pt..... ~11"e for the Ganeral Plan l'L'-";Lðm and to detemine the se1ectim þL' 0("""" and/or a¡:proaå1 of the Citizens' r.n:ol.. Callmittee. Director of n--"1ity DeYel'¥"""1t Cowan .'"hnitted a new u::~JU.Lt to coorx:il. Followinl] di...........im, it was DK:Ned by Counc. Szabo am seoa1ded by Counc. Sorensen to ..........U'0/8 as per ree· ....-I'Jdatia1 dated Febzuary 5, for a 30 11_.. C gn¡o 1.. lY'ImIittee (6 selected by eaål ocun::dl--.~.eI), developinq a pool of awlicants through the CUpertiIX> Scene Marå1 edition, addinq xetail and small OOsiness categories to these that may be ncn-residents if they have a QJpertino 00s1ness ð.lh: -. Deadline for filing with the City ClerK will be neon, Marà116. By consensus, coorx:il "'SL.....l to incl\Ø these within the City's s¡iIere of influence as residents. At the Marà1 19 co.mcil :.eetinq, Council will choose at randcm which City oc:ux:lli-,.. will pick cx:mnittee "..,..~ .ers fran which category. on April 2, these choices will be made. -12- MINl7l'ES OF '!HE F'EBRüARY 5, 1990, mx;uu.R CI'IY axJNCIL MEErING (œ-784) 33. Request for a¡:proval of policies and fee schedule for use of recreation facilities. Direc:'-..or of Parks and Recreation Ccwlinq ~ s- ¡,ILed his report to ~i1. Fhil Zeitman, 22907 CricJœt Hill Read, took issue with the Ie<' ....""'1datians that ncn-residents oculd not rent the facilities. OJpe..-tino residents shculd have first right of rental, b.It if the date is open, he did not knew why non-residents CXA1ld not use. Many ncn-residents are .-.ners of the 0Jpert:jn0 Senior center and there wculd be hard feelirgs if they CXA1ld not rent the facility. Nan:::y 9.m'Iett, 729 stezœhl Lane, said she caüd not ses the visn..l display frail the back of the rc:x:m. trihat wculd ~ when a group is ~tely half resident and half non-resi.dent of 0Jpert:jn0. Jà1n Marshall incpired aba1t SJ;i1ere of influence. Wculd those people be included as residents Oased m a 0Jpert:jn0 mailinq addl._ and if there is no CUpertiIX> ðodch. ~, WO\ùd they be ocnd,cJered ncn-residents? Oouncil ñi """'~~ed the possibility of ncn-residents payinq a higher fee and tomether or not the ~,¥=sed fees were high enaJgh. Also, ncn-residents wishinq to rent facilities oculd have a diffm:eht. t..i:meframe for gettinq their recp!Sts in. Mr. Ccwling L~Led that in the sprinq, the recreaticn user fees are being reviewed. He oculd 0CIII8 back at that tiJDe with a diffe1.....L rate structure and applicatia1 period for ncn-res:idant:s. Director of Finanæ snyder said he is brinqinq back all user fees SCIIIStime before JUne and this oculd be included. Cameil ñi ..,...,a"'«1 the possibility of higher fees for non-residents (maybe 30%) and a different reeervatim schedule so residents get preference. It was DK:Ned by Counc. Goldman, seocn:Ied by Came. Szabo and ¡'ðe'9«t ~ly to accept the staff I'e(. ........-mtim as ~ with an update no later than the end of May 'o4ú.ch wculd L"'IClu:le ncn-resident fees and time of applicatim. -13- Fee schedu le- Rec. facilities . I Sf.:i)(. fH'ighbor-: huod r r-,Iffic. I . Park dedicatio1 fe I I , MINL1'Œ OF '!HE F'ElRIARY 5, 1990, RmJI.AR CIT'i axJNCIL MEETING (œ-784) 34. A¡:praval of traffic evaluatim =iteria in Sept"....J .eJ: Drive neighbochood. Cameil tii.,,...,,a""'i the L'¥-'Lt and requested that the traffic co.mts not be taJœn durinq holidays. Upc.n an inquiry regardÍ1g a car pool with a car registered cut of the area who 1M1<es a pickup within that area, the Director of Public Works stated that timinq of entry and exit of the area will shew a stop havinq been made. Gordon Frolidl, 1212 Bellavap Ocurt, said that the survey shoold be da1e in strict e-..........y so it o:W.d not be man1¡:ulated. JàU1 Marshall said Council may want to do it me year after ~ and in the 1IIitYJ1e of the day because of oollege traffic. It was DK:Ned by Counc. Szabo, secx::rr.ed by Came. Goldmlln and p"e-9d unanim:Jusly (4-0) to aß)roVe the staff L~:.' ........IC1atia1 as per l.'¥-'LL dated FebnIary 5, amen::1ed to include a traffic oount for volUIIII m NoveIIt1er Drive ~ the ~"'I-': 5"9d barrier 101OOld be placed if Alt.emate No. 3 'oIere bpl"""", ¡led. 35. Apprcpriaticn of $1,428.57 1'nm the general fund for ,,_.J .e.láh.ip (six 1IICI1t:hs) in the santa Clara cnmty Cities Associatia1. It was DK:Ned by Counc. Sol.....aen, seoo..:Jo:d by counc:. Goldmlln and p"~-sd unanim:Jusly (4-0) to ðR4-~iate $1,428.57 1'nm the General Fund. 36. Ccndderaticn of prohjbitia1 of parkin;J m the west side of 'I\ùa lane near Sola SL......ot. (a) First readinq of Ordinance No. 1521: "An Ordinance of the City Oouncil of the City of Q)pertino Amendi.rg Sectia1 11.24.150 of the Q)pertino !tJnicipal COde, Relatinq to stq::pinq, st:andin;J or Partcin) m 'I\ùa lane." It was DK:Ned by Counc. Soxellnn, seoax:!ed by Counc. Szabo and P""-d UI'1alÚJIr: us1y (4-0) to read Ordinaooe No. 1521 by title a1ly and the City ClerK's readinq to oanstitute the first readinq thereof. 37. Request to set heariIg to OCI1Sider increase of park dedicatim fees. -14- · þ MINtJI'ES OF '!HE F'EI'RlARY 5, 1990, REnJI.AR CI'IY a::uNCIL MEErIN:; (œ-784) {a) Resolution No. 8046: "A Resolutia1 of the City Co..Irx:i1 of the City of QJperti1;o Settinq Mard1 5, 1990, as the Date to CcrIduct a Public Hearinq to acnsider a Revisim of Park Dedicatim Fees." It was DK:Ned by Counc. Goldman, seoc.n::Jed by Counc. Sorensen and P"1¡I~'3d IJI'Ial1iDnJsly (4-0) to adept the resolutim with the date of the ~in] c:harged to Mard1 19. WRITl'EN ~CATICH; 38. Na1e. æDINANCm þ 39. sec....d readinq and enacbDent of Ordinance No. 1520: "An Ordinaooe of the City ocuncil of the City of QJpertino AIDeniinq 01apter 3.:.2, Transient rn,1pMCy Tax, of the 0JpertiIX> K.1nicipal COde." It was DK:Ned by Counc. Goldman, seo::It~ by Counc. Su1..=L8n and p"e-v:! UI1a1'Ú.IIcUsly (4-0) to read 0rI:!inan03 No. 1520 by title a1ly and the City Clerk's readinq to oouatitute the seo::Itd readinq thereof. It was DK:Ned i:1y Counc. Goldman, seo::Ità.1ed by Or::unc. Sœ.aL8n and p"e-'Sd UI1a1'Ú.IIcUsly (4-0) to enact: Ordinance No. 1520. R!SOI17l'Iœs 40. Na1e. STAFF ~ 41. oral ...~Ls br.l staft 1IL.....·.Jc:s. CXXINCIL JQ:;KJt(l::; þ 44. Counc. Goldman - I.eqislative Review .'"hInittes - It was ~y approved to take the followiJ1g act:ia1 regardinq ~ Lcp: ! 'Sd legislatim: SUWut L SB 88 (Garzanendi), GarU'1 ~'¥LiatiCl'lS Limit, ÏDple...éad.atim bill for key pravisim benefitting cities and to '\~_ AB 2158 (costa), water, public water systeu&, cities to pay for state l"e&pŒISibilities; and Medicare, Social security o.::NeIëIge as per the President's œdget. Oouncil will also oart:inue to . u,JSe AB 145 (Ccsta), park barrl. -15- Legislative Revie'~ MINUTES OF '!HE FEb..~ 5, 1990, ~ ClT'l caJNCIL MEE'I'IN:; (œ-784) Ccuncil di""<:".ee-' 'the current status of talking with ,,~ s ¿.Latives fran CCIIpU1i.es within CUpertino and sales tax cçture. Ccunc. Szabo volunteered to talk to SCIIIB of the larger Ws:iJ---es in town. C:UX:. Szabo and MIIyor Rogers will a¡:proach varlcus '"'""'I"''1ies to di......1eS sales tax. At 10:25 p.m., COt!J'x:il adjourned to Febroary 20. ~ao City ClerK -16-