CC 02-21-90
,
CI'lY OF aIPERl'INJ STATE OF CALUœUA
10300 '!VJ<t(l:; ....VENUE, CUPERTIN::>, CA 95014
'I'EI.EFÐ:tŒ: ,'408) 252-4505
œ-785A.
MINlJI'ES OF '!HE AroCURNED REn1IAR MEETIN:; OF '!HE
CITY <XX.JNCIL HErD 00 FEBRl!ARY 21, 1990, CXXJNCIL OÐ\MBER,
CITY HÞ.LL, 10300 'lUl<1<l:; AVDIUE, CIJPERI'DI), CALIFORNIA
'!be meeting was called to order by Mayor Rogers at 7:00 p.m.
SÞ.liJl'E 'ro '!HE FIAG
mIL CAlL
Came. Present:
Goldman, KqJpel, Szabo, Mayor Rl::qeLs
Cwnc. Absent:
Came. Sorensen
þ
staff Present:
Director of Public Works Viskaviål
City Clerk COmelius
Director of n-mnúty Devel,¥"""IL Cowan (arrived 9:20 p.m.)
Director of Parks and Recreatim Ccwling
Public Infomatim Officer I<:rey
City Planner CðJ.Jtþey
City Attorney Kilian
PIANNING APPLICATIœs
l8. ~lication No. 28-{]-89 and 35-FA-89 - Morteza Abdollahi -
Request for use pemit to demolish an existinq service
statim and ~...LLuct a 6,000 sq. ft. IIIJlti-tenant retail
Wildinq with related site~. Envira1mentaJ.
Determinatim: '!he PlanIúJx¡ t'hnIIi....ion reo ....-'1ds the
granting of a Negative Dec1.arat.ia1. '!he pl'q)erty is located
at 22510 stevens Creek BoulevaJ:d. Reo -...-. ded for approval
with ocnlitiCl'lS.
City Planner Caughey reviewed his L""tA'LL with Council and stated
that oonc:ems were noise o...lL<ul ani the location of the trash
enclosure.
Dennis Kobza, 2083 Old Midcll.efield way, Mountain View, said the
awlicant has no problem with the ocnlitiCl'lS of awraval. He
did not feel that the locatim of the trash enclosure was good.
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MINlJI'ES OF 'mE FEBRlJ1\RY 21, 1990, Þ.DJCL~ ~ CITY cn,,'NCIL
MEETING (œ-785A)
Jdm Molnar, 22423 Ranona, resident to the east of the gas
station, OOjected to locatinq the trash enclosure next to his
bedroan wiroow. He sho.;oed that the enclosure could be DK:Ned to
the back of the buildi.n;J by lIIOIfing that part of the building
slightly fœ:ward. It was pointed out that then the trash
enclosure wculd be next to another bane.
Mr. Catr; hey presented anothe...· possible solution to the location
of the trash enclosure. It could be IIIOIfed to the corner of the
project at stevens Creek Boolevard/Foothlll Bc:Wevard. Also,
the wall required un:1er Ccùition No. 9 could then be lowered.
Mr. fokIlnar asked hew many ~in;J centers have garlJage
enclosures in front of them. He stated a preference for an
8-ft. fen:-<> as per the current oorxlition as his property is
elevated.
It was lIIOIfed by Counc. Goldman, seconded by Came. Szabo and
f't'c;eed ur.aroi1lr'\JSly (4-0) that the trash enclosure be integrated
with the sign ani lan:Jscapinq on the stevens Creek
Boulevard¡Foothi.1l Boulevard ocnuer ani that COOdition No. 9 be
ameJ1ded to read that the masau:y wall shall be 7 ft. frail the
highest grë!Ide. '!be ðR)licatim is to 0CIII8 back to Cameil after
consideration by Architectural ani site ~ Cœmittee. It
shall be placed on the Ca1sent calendar.
It was DK:Ned by Counc. Goldman, seconded by Came. Kqp!l and
~",sed UJ1êIlÙJIIa sly (4-0) to awtave the grantin;J of t.'1e Negative
Declaration.
It waf' õ:'OIfed by Counc. t:nlmn..1'\, seconded by Came. Krfpel and
peI!S'sed una.~ly (4-0) to bwLwe the applicatim per Pla1'11'Ún]
l"nnmi....im Resolution No. 4241 as previoosly ameJ1ded.
19. ~licatim No. 31-U-89 and 44-FA-89 - Jon Rayden - Request
for use permit to 0a1Vert an exi.st.in:3 15,400 sq. ft. savin;¡s
and loan building to a 19,500 sq. ft. office center with
related site inpravements, and amendme11t of previoosly
a~ trip-eui acocuntinq. Envll:anue./tal Determinatim:
'!he Pla1'11'Ún] l"nnmi ....im reo:> ...,-" ds the granting of a
Negative Declaration. '!he property is located 350 ft. east
of stevens Creek Boolevard ani Miller Avenue. ~,,,,,,,.ded
for a~ with oorrlitiCl'lS.
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MINUm; OF 'mE FEæJAR'i 21, 1990, ADJcxmD mJI.AR CITY aJJNCIL
HEE:l'rnG (œ-785A)
Mr. caughey reviewed the a¡:plicatim with Cameil.
scott 'lbaIpIon, Wesc Valley Properties, 10121 Miller Avenue,
spaIœ on bei1alf of Jchn Rayd:n, the ëlR'licant. West Valley
Properties 'NCUld be the pri:aBry tenant in the b.1ildin:J. He
requested that iJIplementation of Ccn:titim No. 17 wait until at
least me of the adjoininq parcels oœplies with the stevens
Creek Boulevard sidewalk st.anc1ards.
Counc. GolGman expl.,*~ a 0a10eJ:n regarciin;J the b.1ying and
selling of trips and requested a review of the trip policy.
It was DDVed by Came. Szabo, -..::akJ&.l by Came. J<'qpù and
r"'e....... u:naniJII::usly (4-0) to awrave the grant.inJ of the Negative
Declaration.
It was DK:Ned by Counc. Szabo, ~.:Jo:d by Came. ~] and
r"'ee'9d unanimously (4-0) to a¡.>pLuV8 the awlicatim per Planninq
(·r....d....im Resolutim No. 4242.
AICfl'I'EX:lURA AND SITE APPRJ\TAL <XHnTl'EE APPLICATIœs
20. None.
UNFINISHED IIJSINESS
21. Na1e.
NÐi !u)INESS
22. CD1sideratim of c:::harçe of date for or carv;,ellatim of
regular meeting of Marå1 5.
It was DK:Ned by Counc. Goldman, seocnied by Came. Fqpel and
P"'-eed u:naniJII::usly (4-0) to cancel the mgular meetinq of Marå1
5.
It was DDVed by Counc. Szabo, -.....:Jo:d by Counc. ~ and
p"'E'~ed UJ1êIlÙJIIa sly (4-0) to resd1edule OŒ1S.ideratim of the
Wsiness license tax ordinance to the first meetinq in May,
which is May 7.
23. Review of City Cameil practice of waivinq fees for use of
r.......o::dtim facilities by ncrO}'Lufit organizatiCl'lS.
Director of Parlæ and Rec:reatim Ccwling reviewed his report
with Council ani stated that shalld Cameil follow staff
re<> ....-rmtiCl'lS and ~ ~ No. B, it waùd take effect
lIpril 1.
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MIMlIES Of THE fElHJARY 21, 1990, ADJCURNED REGULAR C1'IY o:uNCIL
MEETING (œ-785A)
Ed Hirschfield, representirg the CUpertino Tennis Club, said
that tlJe groop does suwmt qrt:ion B. He hcped that the city
co..ùd work oot a III'Jderate fee to use the new Olpertino Sports
Center for events.
Nancy B..1rnett, 729 sterxJah1. Lane, asked why tlJe report says
"funi raisers" am asked how can:lidates forums \1IQÙd fit into
this prcposai fee schedule.
She was infor.necl that the candidates forums are not funi raisers
am the schedule presented is strictly for fun:iraisers.
Al carter, 21470 Vai Avenue, O.......I'rled staff and Cameil. He
stated that service clubs are oon-profit. He mentioned many
l'Y'OIOIII"'1ity worlœ that have been da1e by the CUpertiIX> Kiwanis
Club. If fees are waived, it allows the clubs to have more to
give to the oœmmity. He l¡rged Council to oontiraJe to waive
fees.
.
It was DK:Ned by Came. ï<q:pel am secx:n:Jed by Ocunc. Szabo to
appt'OIIe q,tim B in which the l1CIIi-"p1.....fit organizatiCl'lS \1IQÙd
abeam out-of-pocJœt ex-~JSeS (extra staff time and janitorial
services). Upcn be~ asked how the city kept track of
CUpertino resident parcicipatim in groups, Mr. Ccwlin:J stated
that the City is st.Ul small E!lXUJh that the staff can keep
track. He~ th:tt the staff time to be charged \1IQÙd be
.."C"-,l ated only when the staff ~"ClÙ.d not ordinarily be
p1: ,L. '!he mction passed 3-1, with Ma}o'Or Rogers d.issentin].
24. 5ettinq ..... '="""''' ani date of ëIßXIintment to fill vacan:::y em
Parlœ and Recreatim o-mni ....im.
It was DK:Ned by Came. ~l, seoC:IhJ,~ by Came. Goldman and
l""-nd UJ1êIlÙJIIa sly (4-0) to direct the city ClerK to post the
notice of vacancy and oa1tact applicants and to schedule for
March 19.
25. Request for approval of nt'WmIittee structure and work plan
for interim use of former DeAnza Racquet Club.
.
Ed Hirschfield addressed Ocuncil reganJin:J the 1'1. Y=E1ed
structure of the ccmnittee. 'Ihe CUpertiIX> Ten:1Ís Club stJRX>rts
use of the Sports Center for a wide variety of sports; however,
because in the interim it will be used as a tennis center, he
expressed concern that only one IIIeI!iJer of the oa:w.ttee \1IQÙd
have tennis experience.
Nancy B..1rnett addressed Cameil regarding tlJe at-large 1IIeI1Ibt.1.".
Ed Hirschfield rec:x::mneroed that one more person with tennis
experience be on the canmittee, particularly another fran the
CUpertinc- 'Ienrus C:ub.
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MINUlES OF '!HE FE!'RD\RY 21, 1990, ADJaJRNED REGJlAR CI'I"l CXXJNCIL
ME:E:'I'DC (œ-785A)
'!be one at-large mømhA,. will be selected by the Ccunci1. '!hat
11'PI'IIher owld have expertise; however, staff's thinking was the
persa1 ~d be a œ""....l player.
It was DK:Ned by Counc. Szab'>, seconded by Came. Keppel and
pëlesed unanbDcusly (4-0) to approve the (" "\>OAitim of the
tYWmIittee as follows:
One Council ".....J.er
'ß1ree members of Parks and Recreation /'hnmi -im selected by
01air
~.~.er of CUpertino Tennis Club a~inted by club board
One IIIE!IIbar of Citizens to Save CUpertiIX> Recreation
appointed by its board
One at-large 1I....wer
'!be Di.rector of Parks and Recreation
A Recreatim SUpervisor
Counc. Fq:pel will be the co.mcil representative on the
tYWmIi ttee.
þ
Fd Hirsà1field _: re'9d cxn::ezn regardinq the 90-150 day time
for the cxmnittee activity. He lee' .......J'ÓBCi that the City hire a
t_"'l</l:aty Ellplayee to run the facility on a t"-'i"'1ary basis,
taJdn;J reservatiCl'lS for the ooorts. '!here owld be limited
~dinq ë!'~e. '!be ~v:'ee!i' and rates oculd be the same as
these used at the SUnnyvale center until the l'Y'mW1Iittee
reo<:-........ldatiCl'lS are~. unsafe areas oculd be L~ off.
Mr. Ccwlin;J reo<. ....-tded against enacbnent of that pr'<)C'<3Ss.
Mr. Hirsà1field stated that he }w¡ a tYWmIitment frail Mr.
Vi.davich to use the fücllity startirg March 31 for a to.1rnament;
in April the Volvo Tam1ament begins. A small gra.¡p oculd p.tt
together a ~ plan in 45 days. It woold seem z:easa1able that
the leo .....-œtia1 oculd caœ to the City Council within 60
days.
By ocnsensus, Council approved the followinq work plan:
Develc.p policies and p1:OC·E.:JI11"f!S for cçeratim of the
facility, in the interim, as a IILIl'Ù.cipal tennis center.
Fstablish guidelines for user fees and charges.
Evaluate which of the exis'"..in::J facilities s'1cW.d be utilized
during the interim.
Evaluate thé! benefits and limitatiCl'lS of cont.ractinq with a
private cçeratúr to manac,;e the facility.
.
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MINtJI'ES OF '!HE FEBrdJARY 21, 1990, 1\DJ<XJRNED rtmJIAR CITY CXXJNCIL
MEE:ITNG (œ-785A)
Develop the request for proposal (RFP) to recruit potentiãl
oontractual ~tors.
serve as the screeni.n::J an::1 selection camnittee for a
ccntractual operator.
Following ili..,..,,'....im regardinq the time line for the cx:mnittee
to CXI1Clude their task, it was determined that 90 days woold be
the target for cx:upletiCl'1 and as parts of the plan are finished,
the ,..,...,."ittee will report back to Cameil with reo.....-.ldatiCl'lS.
Mr. Ccwling is to infonn Cameil if the 90 day target cannot be
met. 'lhe ,..,...,."ittee will iliah>tr,d when the interim work plan is
cx:uplete.
26. eonsideratim of autanatic gate closure for Pacifica Drive
and at silverado Avenue.
~
Jerry Green, resident of silverado AvenJe, stated he had been
told the barriers 10Iere t--.~ ~ary and inquired as to why they
were now going to be permanent.
Mr. Viskavim !nfVLII"'¿¡ him that the barriers was Œ1e of the
mitigatim -"':o:es as a result of Town center traffic. '!here
were I"A.IIIIerOUS meetings and p.lblic hearinqs.
Mr. Green stated residents m silverado are trawed and the a1ly
way to get in and art: of their street is DeAnza Boulevard whim
is very difficult. He woold prefer the barrier at the beginninq
of the () ....-. vial area of the street.
He was 1nfUL......:l that if that is 10hat the neighboll)()ój wants, it
c::aùd be da1e. A nei.ghbomood meetinq c::aùd be held and the
results braJght tc Council.
Mr. Green .,.. UIIted a petitia1. He """t'L ~eÐd the q>inia1 that
flashin] lights as .,..·¥!Ðd m the permanent barriers were
better in . ....·-rcial areas than in residential.
Nancy a.u:nett said tl-.ere is lots of frustration regardinq closed
streets and urged Council to taIœ another look at that policy.
It was DK:Ned by Came. Szabo, secx.nded by Counc. KI::gJe]. and
passed L'1'1animcusly (4-0¡ to aß)roVe the design as presented, to
a~ropriate $37,000 fran the minor road inpravement f'urñ to
i."!pleænt the project and to authorize installation of th£
permanent barrier at Pacifica.
t
It was :ar::IYed by Came. Szabo, secorx:1ed by Came. K!:JWel an::1
P"'''~ W1aI1Înr:Iusly (4-0) to lrOVe the bollards on silverado to
the 0. .,..oÞrcialjresidential ba1n::!azy on a trial basis.
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MINUl'ES OF '!HE FEBRlJARï 21, 1990, ADJOORNED REX>UIAR CITY <XXJNCIL
ME:E:I'm.. (CC-785A)
It was lIOVed by Ccunc. ICq:pel, seccn:)ed by Counc. Goldman an:l
f"'~~ed unanimously (4-0) that at the em of the trial pericx:l,
staff is to l~t back to COJn::il.
27. Request for clarification aOO¡or revisim of Resolution No.
7571, establishin:.J rules gaveminq ðRX>Ud........t and
re-appoi.ul....:.1t to City advisory bodies.
(a) Resolutim No. 8055: "A Resolutia1 of the City Council
of the City of QJpertino Rescinding ~lutim No. 7571
and Establishin¡ Rules GaYerninq ~Ld,._,L and
n.. ft""'LIl....:.IL to City J\dviaary Bodies."
It was DK:Ned 1:7¡ Counc. Szabo, secaded by Counc. Jfq pel and
l""!1ged unanimcusly (4-0) to IIIIII!JÙ Rule No. 4 to read as
follows :
A 1I1PIÑ"IE!r shall be CXI'1Sidered rem::IYed frail an advisoIy body
under the follow1n;J cxn::litiCl'lS:
(a) A 11- ~.er ",i --as IIICIr8 than three oa ~ltive meet:in;¡s.
(b) A .._.~« ",i--?S 25% of the body's meetin;¡s in a
calemar year.
It was DK:Ned 1:7¡ Counc. Goldman, seoQudoed by Counc. Szabo and
p"eeed unanimcusly (4-0) to adept Resolutla1 No. 8055 as
amended.
WRITl'EN CXJH1NIo.T.ICKS
28. Letter and petitim frail residents requestinq installatim
of traffic Oa1trols in Mann Drive nei.ghbomood.
'l!1e letter am petitim were ref..Llèd to the Director of Public
Works who was di.rec:ted to Lq.vLt back March 19.
ORDINANCES
29. seocni readinq and enacbDent of Ontinanoe No. 1521: "An
0J:'dinanœ of the City Oouncil of the City ot CUpertino
Amerxiin¡ Sectim 11.24.150 of the O,¡pert.im ø.micipal COde,
Relatinq to stc.H>inq, standin;:r or ParXinq m 'l\ùa lane."
It was DK:Ned by Counc. Rogers. seocn:Jed by Counc. Jfq pel and
r<:ssed unanimcusly (4-0) to read Ordinaooe No. 1521 by title
only an:l the city ClerK's readin:] to constitute the secx:n:l
reading thereof.
It was !OC1\'ed by Counc. Kqpel, seocn:Jed by Came. Goldman an:l
f"'<;,aed unanimoosly (4-0) to enact Ordinance No. 1521.
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MINtJI'ES OF '!HE F'EBI<!JJ\RY 21, 1990, ADJCXJRNED ~ crT'{ CXXJNCIL
MEETING (œ-78SJ>.)
RESOll1I'ICNS
30. None.
STAFF ~~
31. Oral :l~rts by staff """',~ -ers.
Mr. viskavich L.........Lted tbat the SiJmns pIqJerty has gone thrcu;¡h
prc:bate.
32. Six""'lOOl'Tth L.........l.l a1 status of use permit oan::litions, 4-U-89,
Peninsula Bible Olurch; property located on the \1Ie5t side of
Blaney Avenue, 400 ft. north of Merritt Drive.
Director of ChnnaVlity DevelopDent CCMan reviewed his report with
Cameil.
Tracy Ellsworth, resident a1 the east side of Merritt, requested
help to lessen the i'1?"rot of cars usinq the off-site parkinq.
'!here are many OCh....Llé.l neighbors.
t
Tim Versd1uyl, ardùtec:t, reviewed off-site parki.rg lcx:atiCl'lS
and J'IInnhP.r of ~ available. '!be church has su;¡gested that
people park on the comer lot, side-yard street so as not to be
àJtrusive to residents. If ~e will let the d1\.U"Ch knc:Jii they
don't want people parkinq in front of their hane, the d1urå1
will then notify their --..... He believes tbat the church is
followinq Oouncil's criteria, tbat it is \\IOrki.rg am there is no
need to cane back in the future.
Tracy Ellsworth wcmts a sign a1 his street sayin;J no parkinq
li)œ a1 other streets. When 100 cars need a place to park, they
will paIit anywhere.
Mr. Vetsd1Uyl stated tbat the no parkinq signs shew the d1urå1
is willing to respa1d to the wishes of the neighb01:hood. He
feels the 100 car estimate for off-site parki.rg is a high one
and believes the satellite parkinq spots are doinJ the jà:l.
Mr. Ellswortl. requested the d1urå1 take dc:R.In the existing signs
and keep the iJIplct close to the church where it bel~. '!be
s ' gns are iJIplctin;¡ areas further away f:can Ù)b church. '!be
solution is three sessiCl'lS on sunday and for 1arq tenn solution,
a bigger parld.n;r lot.
.
Mr. COwan will chec::k on ClC:q)liance 1.r1th thf! sign ordinance. If
the no parki.rg sign is not in c:x::q:;lianœ, the church will be
asked to re,m:,ve it.
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KINUTES OF '!HE F'EBRJARY 21, 1990, 1\DJCXJRNED RmJIAR ,-""lY OXJNCIL
MEFrIN:; (œ-785A)
'!be architect will talk to the neighbors on Baywood <..:,Jrt,
particularly Mr. Ellsworth, and will tell dn1rch -rs rot. ~.o
park in fra1t of their prcpnties.
HI" . Ellsworth was infonoed that there is a two-year deðdline for
i:q)lementing use pennits. Council will review the situatim
again six 1DCI1ths followin;¡' ooost.ructim and """"1pN1Cy of the
clas............ aà:lition.
CXXJNCIL ~::;
37. Counc. Szabo - Legislative Review C"nnmittee - It was DK:Ned
by Counc. Goldman, secoroed by Came. Szabo and I"'eew
unanimously to take the follc::JW:Ín; ' act'.on regardinq þlvv: aoci
legislation:
Ca1tinue to support SCA 1 and rein'hlrsement state IIIII1'dated
costs; I'1[p:6e _i"""ic; take no positim on Item 4 of the
bulletin; and 0CI1tinue to ~ Item 5.
~
It was DK:Ned by Counc. Goldman, seoc:njed by came. Szabo and
p"e....... unanimcusly to request IDXe IDfozmatim regardin¡ state
legislation pertainin;J to marxiated health insurance.
At 10:05 p.m., City Attorney Kilian anna.mced there ~d be a
Closed session pertainin;J to perxtin;J litigatim, Prall XX v. City
of CJpertino (Gavernment COde Section 54956.9 (a) ) . Came.
Goldman will not be p¡:es&rt: at the Closed sessim.
Council, ~'L for Mr. Goldman, adjwrned to Cc:nferenoe Rccm A.
At 10:28 p.m., the meetin;J :recx:I"IVened in Oouncil auo-,...
Came. Pres >lL:
~l, Szabo, Mayor Rogers
COUJx:. Absent:
Counc. Goldman, Sorensen
þ
staff Present:
Director of Public Works Viskcvich
City ClerK Cornelius
Director of CcmmJnity Devel~t Cowan
City Attorney Kilian
It was mewed by Mayor Rogers, seooroed by Came. KqJpel and
passed unanimously (3-0) , with Came. Goldman and Sorensen
absent, that the City Attorney CClI1I11U:Ucate a CXJUnter offer to
the settlement d;"""""~'!!d in Closed Session.
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MINtJl'ES OF '!HE FEIRlARY 21, 1990, ADJ<:XJmŒD RFnJIAR Cl"lY cx:xJNCIL
MŒl'DC (œ-785A)
CXXJNCIL ~::;
34. ca.n:::. Kqpel - North Central and Northwest Flood o::ntrol
Za1e 1dv1sary n--ittee - ca.n:::. ~l infUl.....:l these
,4. : S ,IL that the North (:1t.uLLCÙ Flood CŒ!trol Za1e ~d have
a benefit "'~- ,L ..........Jre a1 the JUne ballot.
At 10:30 p.m., Oouncil adjcumed to Febroary 26, 6:30 p.m.,
Cc:nf~""&A:: !ù:x:IIB C and D.
~~
. //
~ J"?
Ci Cleñt '
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