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CC 04-16-90 ·. .( . þ CITY OF aJPERl'IN:), STATE OF C1IL1J'CAITA 10300 '.1Ui<1<1:; AVENUE, CIJPERI'INO, CA 95014 TELEPHONE: (408) 252-4505 MINUl'ZS OF 'I1iE Ra;{JJ.AR CITY CXXJNCIL MI!Zl'DÇ HErD æ APRIL 16, 1990, CITY HAIL CXXJNCIL afAMBER, 10300 'Iu<l<t; AVENJE, aJPERl'Il«).. CAI..IFURNIA 00-788 '!be meetin::J was called to order by Mayor Rogers at 6:45 p.m. S1illJl'E 'ro 'I1iE FIAG mIL CAlL Came. Present: Kqpel, Sorensen, Szabo, Mayor Rogers Counc. Absent: Gold1nan staff ';'re S ,jL: City Manager Brown City ClerK cornelius Director of Public WorJœ Viskavich Director of n-m"'1ity Devel'¥"""1t Cowan Assistant to the City Manager Brown Directar of Parts and Recreatim Ccwlinq Public Infœ:matim Officer Kr:ey Acoountant Jaclcsa1 City Attomey Kilian ~ - Na'Ie CEREH::taAL M1u0.1UC:i - ~œs Certificate of ê!R'OLd,..."...L to ParlCB and Rb........t.iœ1 (h."d....ia1er Dennis Low. C"nrIni....ia1er Low was not pl S ,IL. Proclamations 0 ........ din:] ycuth service organizatiCl'lS. Mayor Rogers annamcej that this item is to be CCI'ltinued to the meet:in:J of May 7. -1- . . Consent Calendar . '. . ·1 I MINtJI'ES OF '!HE J\PRIL 16, 1990, REX;UIAR CI'IY CXXJNCIL MEE'I'I}«; (œ-788) Proclamatim hcn..Llnq I..cu and Jane Grey, caretakers at z.t:Clellan Ran::h Park. Mr. and Mrs. Grey received their proclamatim. ORAL caHJNICATIœs James Mehta, Chateau 0Jpertin0, addressed Council regardinq the General Plan of the Town center am requi.reJJents plðOed on the develq¡er of Chateau ().Jpertino. He also drew the attentim of the Council to the Chateau CUpertiIX> driveway and tbat the entrance to the 1.II'I:!ergroon garage of the new apalt.-:.It Wildinq is made """"""ible throogh the Chateau driveway. He ~ -'lid oouoe= regard.in:J the noise, oougestim, density, and pollution tbat the heavy traffic will generate in the driveway, as ~l as makinq a bottleneck and possible hi.mraooe to emergency persamel and equip'-'IL. Director of n-o-nrl.ty D8Y8l'¥"""1t Cowan told Council that when the garage is finished, the Chateau's valet perldJq shcW.d be iDpl_lLed. 'lbere will also be acktitia1al parkinq places. Mark SilYeJ:1llim, Milford Drive, requested that the Council recxuoider the item pert:ainin:J to the san Fræx:isoo Giants. He was inf... .....iI tbat this is Item No. 24 on the agen:fa and he will be given the '-'H"'Ltunity to speak at that time. a::tœmr CAUNDt\a It was IIICMId by Counc. sorensen, seooncSe..l by Counc. Szabo and p"'NJ'!Id unaJ'ÙJIICUIly (4-0) to ðRJl'OV8 the 0..__ .L calerùar as ...."-itted. 1. Approval of IIBjor grants reo ....- dad by the cable Televisia11dvisory ChIonittee. 2. Approval of grants :œc> ....oÞrded by the Fine Arts ChIoni ....1m. 3. Request frail Haœstead High Så1col Athletic Booster Club for partial waiver of fees for use of ().ùnlan o-....anrl.ty Center. -2- · MINt1I'ES Of' 'mE APRIL 16, 1990, ~ ClT'i roJNClL MEEmC (œ-788) 4. Monthly 1Ictivity Report - March, 1990. 5. Alcoholic Beverage control license ~lication filed by CarrcY./S Restaurants, 10630 Sa.tth DeAnza Boolevard. 6. Claim for rom.:.ges filed by Raisch RDadway IDprovement /"rorp'ny, Inc. Reo:' .""....I'¥3ed for rejectim. · 7. Resolutim No. 8103: "A Resolution of the city Council of the city of 0Jpertin0 Allawinq certain Claims am De!JDimjs Payable in the AIDcU1ts am Fran tne PUnds as Hereinafter Described for General am MisoellanecA1s Expenditures for the Period En:iinq April 6, 1990." 8. Resolutim No. 8104: "A Resolutim of the City Oouncil of the City of 0Jpertin0 Allawinq certain ("l,.h... am DemIInds Payable in the AIDcU1ts and frail the PUnds as Hereinafter Described for Salaries and wages for the Payroll Period En:iinq March 27, 1990." 9. Ma1thly Treasurer's ~. 10. Resolutim No. 8105: "A Resolutim of the City Oouncil of the City of 0Jpertin0 Makinq DeteJ:minatiCl'lS and ~ the Annexatim of Territory Designated 'Byrne Averoe 90-01', ~...~-tely 0.38 Acre Located m the East side of Byrne Aveme Between HerDrJSa Avenue and Granada Aveme; Hall (Am 357-16-044 - 10104 Byrne Aver¡¡e) . " 11. Resolutim No. 8106: "A Resolutim of the City Oouncil of t.he City of 0Jpertin0 ARJrOVinq Final Plan for the ~L<N........d.. of Fra1tage Located M:Jra Vista AvenJ8 North of Palm AvenJ8; Developer, 'l\n;J Ping C21an¡; Authorizing the City En;Jineer to sign the Final Plan; and Authoriz~ Execution of ~eEllleJ1t in Cl.....ectim 'Iherewith. " 12. Resolutim No. 8107: "A Resolutim of the City Oouncil of the City of CUpertino ~ a Grant of ¡;o".......-,t for Public utilities fraII'l\n;J Ping 0Jan] am Lin:Ja L. 0Jan]; Located on Mira vista Avenue North of Palm Avenue. " · 13. Resolutim No. 8108: "A Resolutim of the City Oouncil of the City of 0Jpertin0 ~ Quitclaim Deed and Authorizatim for un:Iergro.uñ water Rights frail 'l\n;J Ping 0Jan] and Linda L. 0Jan], Mira vista Avenue North of Palm Avenue." -3- · TO. Gases ord. Public hearing c! osed 1st r~ading or.S2S MIMJl'ES OF 'mE APRIL 16, 1990, REX;UIAR CITY CXXJNCIL MJœl'IlÇ (CC-788) 14. Resolutim No. 8109: "A Resolutim of the city Council of the City of O,¡pert.im Approving Cattract O:arge Order No. 18, I"nn'IIonrlty Center arllclliqlMemorial Parle Expansion, Project No. 2001." 15. Resoluticn No. 8ilO: "A Resolutim of the City Oouncil of the City of 0Jpe.rtin0 ApprovÌ1'Ç Lot Line Adj\.uot.......L Between '&<0 Parcels of Ian:i Without a Parcel Map in l\cooràance with Sect1m 66412 (d) of 5'lbdivisim Map Act as A:men1ed Jan.¡ary 1, 1984, C"I1II'II'Ii'1;J PL'¥"Lty located m CUpertino Read .JUst Easterly of Foothill Boulevcu:d." Vote Members of the City cœncil AYES: Kqpel, Sorensen, Szabo, Rogers lÐES: Na1e ABEŒNl': Na1e ABSTAIN: None :r:I'ÐIS RœJVEI) FR:H <XH>Em' CAIi2IDo\R - Ncne roBLIC HFARDœ 16. Q:ndderatim of an ozt1inance to regulate facilities that use materials that JI'i!J.Y fODD toxic gasœ. (a) First readinq of Ordinance No. 1525: "An Ordinance of the City Council of the City of CUpertino Addinq Q1apt:er 16.42 to Title 16 of the QJpertino Itmicipal COde Regulatinq Facilities wtie1:.. Materials Øûd1 Are or Øûd1 May -:. .... TaIdc 0.-_ Are stared." Directar of n-m"'1ity D8Y8l,¥"""IL Cowan..LL -ad the r..s for a \mitODD ordiJIIInce thrcughcut the ocunty. 0I. L<cÙ. Fire Protec:t:iat District will administer the ordiJIIInce it enacted. ClIVe Ghirl¡uril1n"'j of CbILL..l Fire Protectim District was ~ : .It to answer anr tedmical questicI'IS. It was pointed cut that the ozt1inance beinq pl is ..led to cœncil does grant an ~'Lim for nitrcus axi~ for dentists, veterinarians, and other medical practitimers. It was DK:Ned by Counc. Kqpel, sec.aìded by Came. Sorensen and pa$sed unaniJlnJsly (4-0) to cloo;e the p.1blic hearing. It was IOCIVed by Counc. Sorensen, seoanded by cœnc. Kqipel and pa'õ'eecJ unanimously (4-0) to read Ordinance No. 1525 by title aùy the City ClerK's readin:J to cxnItitute the first readin:J thereof. -4- KINUI'ES OF 'lHE APRIL 16, 1990, REnJlAR CITY roJNCIL JoIEE.'l'I}C (œ-788) It was pointed cut that this reaðJ.ng pertained to the ordina7n! with the alllen..hue'hts as 1JL II .Ited by staff at the meetinq . 17. ~licatim 81,004.211 to ëIIIIE!I'1d var1.oos ordinances relatin:¡ to replac....~llt of ~ dwelling lmits urder œ.rtain ocntitiCl'lS. (a) First reading of Ordinance No. 1527: "An Ordinance of the City Oouncil of the City of 0Jpert.in0 1\mendin:;J Ordinance 1449 (Single Family Residential) Za1e, Ordinance 1451 (1.griOlltural Residential) Za1e, Ordinance 1450 (Residential Hillside) Za1e, Ordinance 1452 (AgriOlltural) Za1e, Ordinance 575 (tuplex) Za1e and ordinano9 779 to Provide for Rsplaoe.....lt of Existin::J DoIelling units Des1:royIed by InIIoluntarv ActiCl'lS or by Q:n¡equenoe of Natural Disaster." Directar of n-m"'1ity D8Y8l,¥"""IL Cowan 1JL II lLed the ardinanoe to Oouncil and said that in eaà1 sectim, there - ~.. to be inserted a ¡j1rase 80 the sectia1s 1«W.d read " . ..JJØ'f be J:l'f'1-- at the owner's c:.pt:.ia1 as it existed " ... Warren Min...LL requested that it state, "at the discretim of the 0WI'I8r" . He then urged that Oouncil "K'Luv'e the ardinanoe. City Attorney Kilian clarifJ.ed far: Oouncil that the ardinanoe Toalld apply shculd a h'i1"h1lJ be destroyed by arson .."..itt:.ed by SoIlbAlY\8 other than that owner. Mary Brown, Los Altos real estate hL~, said that this Jssue was being addr 1':'1 -- there had been a prcbl_ in 0Jpert.in0 with a lender. A pota1tia1 tuyer was unable to receive a loan for pJI"å1ase of a h,iMhç, 80 the owner oculd not:. sell. Mr. Cowan thanked Ms. Brown for her assistance in doing I"eE'M'I'"Ch for the ardinanoe. It was DK:Ned by CD.1nc. ~, seccuJed by CD.1nc. SOleusel1 and r"'e~ed unaI1ÍJIO.1s1y (4-0) to close the p.¡blic hearing. It was moved by Counc. Sorensen, sec:cnied by Came. ~ and r"'"e'!!d unaI1ÍJIO.1s1y (4-0) to grant:. the Negative Dec1aratim. -5- App. 8l,004.211 Public hear ing closed Neg. Dec. granted . 1st readinJol Ord. 1527 App. 81,004.18 . . MINt1l'E5 OF '!HE APRIL 16, 1990, RÐ3UIAR CITY o:xJNCIL ME:E:'I'DC (œ-788) It was DK:Ned '.:f:¡ Counc. Sorensen, secorDed by Came. ~l and p"eeaej unaniJIa.lSly (4-Q) to read Ordinance No. 15Û by title aùy the City Clerk's reaclin;J to constitute the first I'8!!Idinq tl1ereof. 'Ihe ardinan:e does ÍJY..:lude the new wcrdin:J as n.............xied by Mr. COWan. 18. ~licatim 81,004.18 - Ame.ndme11t of Ordinance 1449 (Residential sinqle Family) Za1e, Ordinance 1451 (Agrio..1ltural Residential) Za1e, and Ordinance 1452 (Agrio..1ltural) Za1e to add regulatiCl'lS providinq for mandatmy installation of front yard lanjscaping for new ca1Structim and subst"..antially ~..led exi.st.iIg deve1qJDent, and providinq for the review and inspection of said laro~pÍ1xJ. ~,..oê¡xied for denial. (a) First readin::J of Ordinance No. 1528: "An Ordinance> of the City Council of the City of CUpertino Amerxiin¡ Ordinance 1449 (Residential Single Family) Za1e, Ordinance 1451 (JIgrio..1ltural Residential) Za1e, and Ordinance 1452 (JIgrio..1ltural) Za1e to Add Regu1atiCl'lS PrcNidinq for Marèatmy Install.atim of Fra1t Yard Iarx!scapÍ1xJ for New O31structim and SUbstantially pønrrlAled Exist.irJ:J D9IIel___It, and PrcNidinq for the Review and Inspectiat of Said Iam"""<q)inq". Directar of Chmn,úty Devel'¥""".L Cowan pl S _llAd the PI.annin;J lhmIiqoim's re<' ·..·-·datim to Council and that it had been a 3-2 vote against enactment of this cmiirJanCe. DicIt Oú.ldress, 11701 Regnart ~~ Drive, stated that it was his q>inim that four PJ.ar!n1Jç lhmIi ....ia18t. 101'81'8 actually not in favor of the ordinanoe. He.- W ... Ls that .....isim. He fesls that this is an unr'Ie<"'""eary intJ:usim of gcvermœnt. In additia1, it is a discriminatary ordinanoe. If the goal is better lam-pin¡, then the Council shculd be lookinq at the Wole city. Also, 1IIIUX:Jr..ory laro~ing 'MQJld add to costs. It may not be maint:ained if it is not wanted in the first place. ~ \OÙd be adequate \OÙd be a jn 1o;¡.-.-.tt. cal1. He ~ Oouncil not to p.m;ue this ordinaroe, !:AJt if they d1cose to do so, it needs more work. It affects mly a .......11 percentage of the City. Mr. Oú.ldress pointed o..rt: that he has no projects in CUpertin:> at this tiJœ. In the past, he has lani..~ JOOSt of his projects in CUpertin:>. In me instan::e he gave a cash rebate to these Wo p.lt in front 1andscapinq to his CYft'{"'ny's st:aroaros within four m::nths. -6- MINl1I'ES OF '!HE APRIL 16, 1990] REnJIAR CITY roJNCIL MEErIN:; (œ-788) It was Dr:Ned by Counc. }{qp!.l, seocnded by CQmc. Sorensen and [""--get unaniJDcusly (4-0) to close the PJblic hearin:¡. CQmcil r!iRnl~~ed whether or not it need existed for this ordinance. It was Dr:Ned by Counc. Kqpel, seocuded by Counc. Sou41:B1!l1 and p"ee1!d unaniJInIsly (4-0) to ..........uV8 the grant:in;J of a Negative Declaratim. It was DK:Ned by Counc. Szabo and seoaded by Mayor Rogers to table OCI'ISideratim of this item. 'IbB matim failed with Counc. Kqp!l dissentinq and CQmc. Sorensen abstainirq . It was DK:Ned by Counc. Szabo and seoc:nied by Counc. Kqpel to cxrJti.raJe this item to tne mestinq of May 7. 'IbB matim was adqJted unaniJInIsly (4-0). It was DK:Ned by Counc. Szabo, seoc:nied by Ocunc. Kq'pl and pelt''!'w UI'1al1iJDcg¡J.y (4-0) to ocntin.1e to the mestinq of May 21 instead. It was DK:Ned by Counc. Szabo, seccudtod by Ocunc. sorensen and p"eeed UI'1IUliJIDJSJ.y (4-0) to rec:pen the pJblic hearinq. 19. o::nsideratim of traffic mitigatim -"'JreS in the Mann Drive nei.ghbœ:hood. Dixector of P\1bl it! ~k.o visJa:wic:h }AL S" ¡Led the staff reo ....-ldatim to O:uncil. Roy HaIIptal, OIIJdeaf Lane, circulator of the petitim, said aba1t 50 pecple signed the pstitia1 so Oouncil ~ùd envisia1 that he is speakinq for 50. He said the area OCI'ISists of resident:.ia1 ..L<.œ with no lfir"-'!L1Jœ. Traffic will probably .increase ~ the shcg)ing œnt.er is reda1e. cars ~ly are faster at the narth end of the rœd as it is a lmq straight stretch. If a step sign WBr8 installed at ~, there to'CUld not be B\X:h a pràù8lll. cars goinq more than 15 miles per l"D.1r have to ........... the center line at the sharp turn. waüd the City OCI'ISider p.rt:tin;J I::Jutta1s m t}le rœd if they will not put in a sp r r ~ Þ.mp? He requested the step sign to break up the lmq stretch m Mann Drive. He also ~...,d with more traffic enfOJ::OE!IbeIIt. Mr. HaIIptal also r'A .....-..Jed that 25 q::h "\ ~ limit signs be posted. He also requested that the City install the centerline l""i.-i bars to remini pecple not to crees aver to the wrc:n;J side of the road. He stated that there are basically four requests: it three way step at Mann and ~; centerline l""i.-i bars; '-5 t.¢ signs; and traffic enfOJ:oemeIlt at peak times. -ï- Traffic mitigation on Mann Drive þ MINtJI'ES OF 'llŒ APRIL 16, 1990, RÐ:;UIAR CITY a:xJNCIL HEI::l'LlC (œ-788) Rebert £--.", of ~ Drive, supported I<!I:. HaIIptcr1's remarks. He said there was a great deal of mise and speed up WoOOJ:on:y. O1ria capener, 10186 Mann Drive, also spoke in BI«':olt of Mr. HaDpta1's remarks. He said the step sign is m--!M to slow traffic and break up the lcn;J ~ ~y. Bill NiegW., 21837 ~, said he lives two hous~!i fr::m the comer of Mann and ¡.Joodbo,n:y and is against a step sign. Mr. Niegel stated that as he drove araJI'rl 0Jpertin0, he found there are litter prctIleIIB at step signs. Also, he does not want the mise of the stopping and st:artinq ~à1 occurs at step signs. His prefEll:euoe is increased patrols ani sp:; limit signs posted. He ~~e....o 00.........11 regarc:lj.Jç lack of traffic enf01.cewe¡1t in his neigtùxxrhood. When Shmiff's depIties are there, there are m ~; their p1: e õ enoe prevents s¡: e ! -Ii rg. t John Ennals, 10481 FlUL....ce Drive, spoke against the }JL' 'i-.œal as }JL 5" ¡Lad in the petitim, espec.ially step signs. He """i4 -ed Sut¥ \L L for the ~ -~ limit signs. E. E. Mit:.c:bell, 10340 Mann Drive, supported any iDpraYed traffic .....uL<ols that are t:ha.çht cut. Cars and DJtorcycles have crashed in neighbors' yards. He stated that cars !'---- toward stevens Creek BoulevaJ:d are the b~ prå)lem. Also, there are m si-'-¡r;a].lcs m Mann Drive. He ~sæ installatim of the butta1-type "1I'Cp" because of noise and also, m wet days, there is a skid factor to be Oa1Sidered. He does ~t installatim of a regular road buIIp and ~ that staff investigate ather ......¡LLuls. Mr. VisJa:wià1 said that Wen the slurry seal ¡Jl.'-";Law is exmplete, the 1""'i- bars will be reinstalled. Bruce Wenniger, Mann Drive, said postinq the 25 qi1 ~H:' limit signs is good; also, neighbors oculd send license rnnrNirs of t..'1œe men -lil1q the ~ limit to the Sheriff's DeparbDent. He said that the bikers in the neighLULlAAAi had DK:Ned away aboot 10 years ago. t Bette Mõ--~, 10350 Mann Drive, said several accidents have oc:œrred in the neighbo1:hood. '!he 1"'" i =-i bars did a good jà>; also, stripln; helps. A ~ limit sign wculd be good. She suJ.J"'"'-œd it be p.rt: on Mann Drive after the road straightens cut. -8- Mrnt1rES OF '!HE APRIL 16, 1990, ~ ClT'i caJNCIL ~ (œ-788) Mae Hull, 21853 Wooèrory Drive, said that WoodI:iI.ny is used as a c:ut-thrcu;¡h to stevens Creek Boulevard and these drivers ~""'ed. 'IW years ago she wrote to Council arñ received a nice letter which said that the speed of the cars has been checked. Ms. Hull said that the pElq)le slowed down when they saw that it was bein:J checJœd. She also expressed Sl.IwQrt for the postin:J of speed limit signs am pointed a.It that there are many ~ in the neighJ:xn1Jood. Mr. Viskavich said that his staff has fCA.md little diff.......~ in the 81'"'::1 of cars whether they are at the north or scuth part of Mann. He said that they had net c::hec:Jœd l'har lap Drive. staff had ocntacted the Sheriff's Department and the Mann Drive area was patrolled after the petitim was received. No citatiCl'lS had been i,u,"M!. '!he Wttals m the ..L<....t are very noisy. RJstinq of S{ ; limit signs, the r>oi......, bars m Mann Drive, w::W.d be effective mitigatim measures. Upa1 being asked if r>oilllMl bars wculd be put m ~, Mr. Viskavich stated that the i~i..œ ho ..~ IIIJSt sutmit a petitim for r>oi"'«i bars. '!he accident record of the area is 10loI. '!here has been no ratJ-t for an "~-9S--rt: district to provide for sidewalks. An ,,~---...It district 1òQÙd oost ...............± :tely $750-1200 per haDe, plus the lands reoessary for si"-ralJœ 1òQÙd OCIIIB off the b...uL of the t-~'s lot. Bill BetåIart, l'har lap Drive, spoke against railllMl bars as he feels they are a traffic hazard. ÐDi1y COok said that the residents never wanted to get into the issue of sP--llcs, just slOlol the cars down. It was DK:Ned by Counc. Kqpel, secx:I'1ded by Counc. Szabo and p"eeÐd ~y to close the public hearin:¡. Di..,..,'....im followed regardinq tr9 installation of 25 DP1 ~ limit signs, J:'Ii......J bars, Sheriff's deputies meeting' with the neighLuLl.......d and goin:J to the sdJool to do a safety 1Jl ..Latim. '!he City 1òQÙd request a public awareness l"L'-";Law !ran the Sheriff's Department. By 0ŒISeI'ISUS, Council approved the installatim of rai......J bars upon CCIIpletim of thß sluny 1Jl<:AjLam, the installatim of 25 DP1 ~ limit signs m Mann Drive to be located where it toe.:> ........ a straight street after the anves created by its separatim !ran Jldriana AverJJe, selective enfw............IL in the neighborhcxxl and a public awarenes.c¡ l"L"':ILaw to be iJrplemented by the Sheriff's Department. -9- . ApI" 6-U-90 . App. 7-U-90 ~ Dec. ,.ted I I \ \ MINtJI'æ OF '!HE AmIL 16, 1990, REUJlAR CI'IY CXXJNCIL MEE'l'IlC (CC-788) PIANNIN:; APPLICATIœs 20. A¡:plication No. 6-U-90 and 5-FA-90 - O1arles Reynolds - Request for Use Pezmit to c......L<1.ICt a 1,400 sq. ft. twc-stozy sinqle-family residence in a Plarmed Develcpœnt z~ district. Envll..........jla! Det:eDnin;,.tim: '!be Planning C1<-omIi....im rec. ....-xis the grantinq of a Negativ-, Declaratia1. '!he prqJerty is located m the northeast v.JLlà=r of oran:.Je arx:l Olive Avenues. Reo:- ....-.1decJ. for awroval with ocn:litiCl'lS. Director of rnnnnúty Deval,¥"""IL Cowan reviewed the ~licatim with Council. O1arles Reynolds..ckh. -eød Cameil regardin;J the oc:n::titiCl'lS to be administered by Public Works Dep!rtment. He requested that oonsideratim of the ðRllicatim be cx:.ntinJed to the meetinq of May 21 so he has an ~:tunity to fini cut what he will have to de i-'i..tely and what can be deft=Lu.:l. It was D:JYed by Counc. Sorensen, seocnB:i by Came. ¡q,pel and I"'ft~ød unani.JID.Jsly (4-0) to CXX1tirue oonsideraticn of this item to the meetinq of May 21. 21. ~licatia1 No. 7-U-90 and 7-FA-90 - Terry Brown - Rscp!st for USe Pezmit to oa...L<\Jct a 3,900 sq. ft. office/. .....-. cia! bun ding with two residential units and related site iDpravements. Envira'Iœnta1 DeteJ:minatim: '!he Plannin:¡ C1<-omIi ....i.a1 reo .......1ds the grantinq of a Negative Dec:larati.a1. '!he iIL"I"'Lty is located m the east side of 0rIm;Je Avenue, 150 ft. sooth of stevens Creek BoolevaId. ~ ....-rñ!d for approval with ocn:l1tiCl'lS. Director of rnnnnúty D8Y8l'¥""".t Cowan pointed out that the breezeway ilL' 'l'csed for the devel'¥"""lt will be well-lighted and there will be wirD::Iws facing it. He was av" 11 "Þle to answer any questim of Council as was the ~licant, Terry Brown, 21721 Granada Avenue. Nancy Hertert, san JUan Road, a...lb:""""'ød Council regardin;J the alJJr::nd tree m the prqJerty. She pointed that it had been planted in 1876, was prà:lably the first planted tree in M:xJt:a Vista, and oculd be the oldest tree in the state of california. It was II¥JVed by Came. KcßJel, seccn:lAd by Came. Szabo and I"'ftftød unan.iJna.lsly (4-0) to awrave the grant.in::J of the Negative DeclaratiC8'1. -10- . App. 2-TM-90 . e MINtJI'ES OF '!HE APRIL 16, 1990, RmJlAR CI'IY a:uNCIL MEEI'IN:> (œ-788) It was DK:Ned by Came. Szabo, sec:a'1ded by Counc. I(qpel and passed unaniJoously (4-0) to approve ~lication No. 7-U-90 per PlaJ'11'lirq ChmIi-ian Resolutim No. 4255. 22. ~lication No. 2..JJM-90 and 6-FA-90 - James Sisk - Tentative Map to sulxlivide 1. 28 acres into six lots ran;¡ing in area fran 7,500 sq. ft. to ll, 000 sq. ft. Envh.......,.ILal DeteJ:minatim: '!be P1.ann.in;¡ ChmIi"9ion r'" . ........ ids the grantinq of a Negative nø.t-bratim. '!be }AL'¥"Lly' is lcx:ated m the narth side of Rainbow Drive west of ani adjacent to the SPRR Corridor. p... . ....-. ided for ..........V'lal with cxn:titiCl'lS. Director of Chmonú.ty Devel,¥"""lL cn.rcm requested that Con:titia1 No. 15 be amended to delete the refea.......... to the repléioew&.,l of the 24-inch redwood. Di."..,,-tcn followed reqardinq the possibility of a joint driveway for Lots 1 and 2. James Sisk, 10060 p:.~ Avenue, said that he wculd prefer that the driveways be IIICIIed to the west }AL'¥"L"ty line m I.ots 1 and 2. Council fourd this a.x"'t't.able. Gorden Frolich, 1202 Belknap ~, ~ 9d 0CI1OEa.11 regaxãinq the J"I1IIIhør of driveways CXIIi>ined with the bJs stq> æñ DLL....t elevation. He said that traffic œcJœ up behind the bus stc:ps. He ~ -'!ICi 0CI108I11 regardirq safety of children going to school. He Sl.rJ.."....i:ed that there be a way for cars to head CAIt of the driveways and not back CAIt. 'Ibere are no bike lanes in that area am the junior high school children do ride their bicycles. Mr. Sisk said he will look at a way for a rwiiAl driveway; hawever, he wculd not wa.'1t it to be a cc:n:iitim of a~. Followinq diRC1_im as to ~ or not this wculd be a oorxiitia1 am that it CCIIIe back to Council prior to recordatim of the final map, it was SI~ that Camcil add another cc:n:iitim of a~ that wculd require mcvinq the driveways for Lots 1 and 2 'ÆSterly as far as they can go. Mike Wi.l.JdJ1s of NorthricÇe Square, asIœd if the driveways cnli.d be DK:Ned east and be on a higher elevatim so they are more visible. -11- It KINUI'ES OF 'lEE AHUL 16, 1990, RmJU\R CITY a:xJNCIL MEE:J'I}I:; (œ-788) Gc::Izùon Frolich said there is an --rt: for a ro&E gas subetatim Wich will prevent driveways frcm going there. It was IIICIIIed by CCAInc. ~, seconjed by CCAInc. s.....__1m and I"'ð"'9ð unaniJIIoosly (4-0) to ~0Ye the gr¡mtinq of a Negative De<-l..ratim. It was DK:Ned by Counc. Kqpel, secxn:Jed by Counc. s......LIm and P'U'-'I!d. unanìmcusly (4-0) to ..............¡e the awlicatim per Plann!n3 ('rImIi ....i.m Resolutim No. 4253, with Ccn:titial No. 15 éIIJIeDied to delete the ref6LoEIUoe to repla-:-...'It of 24-in::n redwood, if ~--ry; and the additim of conlition No. 20 tmich will require that the driveways for IDt:s 1 and 2 be DK:Ned westerly as far as possible. ~: 9:05-9:14 P.M. ABaIITEC'lURAL AND SI'lE ~ a:HaTI'EE APPLICATIœs 23. Na1e. S. for Giants stadium UNFINISHED HJSINESS 24. RecalSideratial of participe.tim in the study for a santa Clara county stadium and relocatim of the san Francisco Giants to Santa Clara. Bill Wil.sa1, 11149 sutherland AV8l'AI8, thanJœd Oouncil for their leOQUsideratial of this item. He believes that the real iEI"'US was not CXI1Sidaœd. He expr --ed the qlWm .:hat this is a questicn of quality of life in the area and regimalism. . Ma%X Silvecœn ........ ed __d. with Mr. Wil.sa1's naarks. He said there is a psyå1ic benefit and a stadium 1001ld create civic priðo!. Am Anger, Menta vista, urged Oouncil to keep this a matter for private ente%prise and let private parties pay for it; do nat p.rt: arr;¡ b.Jrden m the taxpayers. Reed Sparks, 10695 Merriman RcIId, urged regimal cooperation. He asJœð if the City is beinq aske:i for $1500. City Manager Brown said the total study is eçected to cost $400,000 owntywide. OJpertino's share is desigr.ated as $4500; our share of the initial oost,Ibenefit analysis is $1500. -12- þ MINlJl'ES OF '!HE APRIL 16, J.990, REX;UIAR CI'IY CXXJNCIL ME:E:'I'DC (œ-788) Mr. Sparks suggested pemaps a ocmnittee could raise $1500 and later ocn:1uct a turoraiser for the $4500. He requested the City cooncil's blessinq and the ~"'''ry timeframe. Mr. Brown said that Santa Clara had asked for a respa ISe by April 2. '!he City respan:!ed negatively. It is anticipated that ŒX:2 the initial study is dale, ~tely $500,000 will be requested frail CUpertiIX> to iDplement the results1 this will be dale over a ten year period. Mr. Sparks requested that private da1atiCl'lS be fUnneled thraJgh the City. '!he City Manager said that a deadline set at the end of this IID1th s- ... åHJL"-I'Liate. Alan Bidwell, aJi:b c:xx:.peration i "'9'.Ie. Sparks r"'i -_? Read, also feels this is a regia1a1 CDlld the City matdl whatever Mr. Chuck J"~, Park Villa Circle, ~eed with participatim in the study. ~ Came. Szabo "'^t'L 9d the opinim that there were other good ""'''-as to spend IIa1eY m such as child care, fightinq druq aÞæe, etc. He stated his opinim that this is a matter for private entmprise and is rot eo:;annically viable. '!he Bay Area camat su¡:p:¡rt two teams. In regard to regia1a1 coq¡erati.a1, Mr. Szabo stated that the park is ~'-t';S'ad to be located in the Golden Triæqle, whiå11JaS traffic jmrø fINery EM!I'ÚDJ. Santa Clara was askPd to join the Golden 'l'ri.arIJle Task Force bIt did rot. He will vote no m the City's participatim. Counc. KqIpel stated that she 1oIQ.Ùd ~t aooeptinq private funds as she does rot have the ~L of the City Cameil for the City to ocntriJ:ute ~lic funds. Came. So-I..-ensert ~ -'ad ~t for the City actinq as a channel thraJgh 1oñiå1 private funds could flOW1 haÆver, she could rot Sùt-'P'LL the e.xperxiiture of arr¡ City funds m this project. Came. Kof'pel su,,':!'='-ted that the City provide matd1in;J funds, however, the other Camen"",mhø.rs were rot in SlJH.Iu1. t of this. It was I!DVed by <hInc. ~1, seoon1ed by Came. Sorensen and r<'''''''d 3-1 with cnmc. Szabo dissentinq, that the City serve as a channel for private funds. -13- - Selection of auditor Junior Careers licensing prtlsa 1 Advisory bodieS . ~ OF '!HE Þ.ffiIL 16, 1990, RmJlAR CIT'i axJNCIL ~ (œ-788) City Manager Brown stated that the City will probably put private dcrIatiCl'lS received into a trust aocoont. '!hen, as bills are received, the city wa.ùd use those fun:1s to pay them. Prior to takinq any further steps, the City wa.ùd wait for the initial report. NDJ aJSINESS 25. Selection of a City auditor. I\cx:nmtant JacIœa1 reviewed the lee' ....-·ldatim with Council. It was DK:Ned by Counc. Kq:pe], secxn:Ied by Counc. s........_. and p"ee-' unan.imcusly (4-0) to approve the firm of C. G. Uhlel'lb8rg as auditors for a three-year period. bi!lsed m fiJœc1 fees of $18,965 for FY 89-90, $19,900 for FY 90-91, and $20,000 for FY 91-92 and to authorize the City Manager to ..........Jte the ..art:rIIct. 26. ~ L and rec> ·-·ldatim m ..... \. .. J fJ:aD JUnior Careers for licensing teens fran that cxganizatim. Assistant to the City Manager Brown reviewed the <::w.L...,L solicitar's ordinance and her LOI'IAALL with Council. Tall DIIw8a'\ of JUnior Ca%:eexs, said he does not understand BaII8 of the reasons for the No' ····-·.datim. He stated that the City oculd à-=k his r.oœ:d and District Manager Dc:I1 HIu1sa1's ~d and it they are fit, .......- the ~ solicitinq are also alright. <hlldren going dear to dear have a ~ with a picture, the addt , and nIIIII8 of the œ:qanizatia1. If ChJncil cannot grant an EDO."",lia1 trc:a the solicitar's ordinance, they wculd still liJœ to wark in O,¡pert.im. He CQlùd pick 14 of the participatJn; yam;¡st:ers to be in Q.¡pertino m a pro-rated basis. 'lbeøe children are 12-17 years old; they sell candy, tea and oooJdes. Followinq rli""'1fISion, cnmcil said they will not c:harçe the ordinance to allCM for ElX)xl,tiCl'lS. It was DK:Ned by Counc. Kq:pel, seocn:Jed by Counc. Su....L m and p"ee«i Un2u·,i1llt'aJSly (4-0) to deny the request. A review of the solicitar's ordinance will be in the June iSS'Je of the amert:ino 5oene. 27. Acoeptanoe of resignatiCl'lS £ran City adviso%y bodi," and establishinJ dates for recruitment and interviews. -14- l1INUm) OF '1HE rlPRIL 16 I 1990 RmJIAR CI'IY roJNCIL MŒI'INJ (œ-788) It was ltICIIIed by C<::u'x::. Kq:pel, seconded by C<::u'x::. Sorensen an:! f"'co;ed unanimously (4-0) to authorize rec::uitmel1t to fill the vacan:ies; direct that the vaœn::ies be p.¡blicized in the May issue of the CUœrtin:> Scene; C4uaalL awlicants be CCI1tacted; that ð.R'licatiCl'lS be aoœpted through May 18; an:! that interviews will IJØ scheduled for 7:00 p.m., 'Ihursday, May 24, Conference Rcc:ms C and D. ~Llt...uc.IL will be made at that time. 28. Request for an ê/l.¥L""..dation to hire a Goals Ccmnittee 0CI1SU1. t:ant. Director of lhIon"'1ity Devel,¥"""lt COWan told Council he is requestin;J authorizatia1 for the full aJIDJI'It of $70,140; however, it may take less than that aJIDJI'It to a0)O "I.lish the goal. '!he City is payinl the 0CI1SU1.t:ant for bath time an:! expertise. . City Manager Brown lIIq:y",Led Mr. Cowan's positim. He stated that the selection of a large ..........i ttee was a good dec:isim, but the grwp m-~'" to be managed. City staff shaùd net be in the dual :role of data gatherer and facilitator. Counc. Szabo ~ 1Id o.........~ regardinq the price taq and t.hat it my end up to be CIII8r $100,000. He su..-.-4:ed that staff look at this again even if it means an extensim of time of tAL"· ~-. Counc. JCrtpel stated that the p.....; --r:1s to be e:IIf'A'Jted and since the grwp will be lookinq at the City þl1i1dcut, this is a very bp:Irtant task. HcwIEIver, because it is for lcn¡-raJ'¥,J8 plannirJJ, she oculd sup... ",L it. She 1o'CUld like staff to cut back 1Ib!re it can withalt cripplinq the effort. [)j """.....im follCMld regaMinq the possibility of maIdnq the chairs of Sò.1bo:xmIdttees r:espasible and that they oculd receive a timetable under which the wcrk ToIaÙd be ""='0"\ Ushed. 'Ihe P""""1bility of z-it""in:J the time the 0CI1SU1.t:ant is used was also di..,.."e?ed. Mr. COWan pointed art: that the C4uaalL 1"'_1.. Ccmnittee has a different charge than the original 1"'"",,1.. Ccmnittee. It will analyze data and perfom other tasks rather than just creatin;J their visim for the City. '!he City Manager pointed art: that even withcut the ~ture of the fUnds, the City ToIaÙd get a product; it ToIaÙd just net be as good. '!his is a very ÌJIp:Irtant ocmnittee with a very in¡:mtant task. '!be pJ:ooe5S oculd be reviewed and evaluated a10e it is started. -15- Goals Commi ttee consu ltant . Cupertino Center . . i I , I Sport 1 I I I i I I I MINtJI'ES OF '!HE APRIL 16, 1990, REnJI.1IR CITY CXXJNCIL MEE:I'ING (œ-788) It was DrNed by <.::aJr¥::. Kc{çel, secoOOed by Counc. Sorensen am p"a"iId 3-1 with Came. Szabo di.ssent.iIg, to ~'-}'Liate $70,140 fran the General Fund for the facilitator an:l other expenses pertaini.n:J to the Citizens Goals Chm\ittee. 29. P~K' ····....ndatians frcm the CUpertino Sports Center Interim Use Camnittee regarc1i.rq tenporary utilization. r: ~""'a1 COllDan, 01air of the Interim Cœmittee, reviewed her haJù:ut with Cameil. She pointed azt that the teIIp:Ira:ty plan has not been P1: Hnted to the Parks and Rt......_tim I"ronmi ....im because it is time sensitive. Director of Parks an:l Recreatim Ccwling reviewed the parameters of the Cœmittee I S reo ..··-tdatim and his staff Lq>VLL. He also reviewed estimated costs and revenues. Darwin 'Ihra1e, 22958 Cricket Hill, ~ted th'it the I"ronmittee brinq future plans to the Parks and Rt........atia1 ChmIio_ia1. He felt the l"ronmiOUJim oculd prcwide assist:anoe and look at the whole area, Memorial Park and the f~ DeAnza Jbooquet Club site. He ~-i'9d the q¡Wm that the reveru.Je projectiCl'lS for the facility are <XnIerVative and it shaùd suppxt operatinq costs. 'Ibe fees !AL il\lo1d are rea&a'1able; hawever, Wø1 school is out in JUne, he 101CUld liJœ to see earlier wee1n4ay hours an:l he also ~1ld liJœ student rates available. Mr. 'Ihra1e felt the ~..:; - - ~ to be ~ up. MiJœ Wi.1JaB'Is, president of the QJpertino Tennis Club, as- for an explanatim of the difference beb~ en a S--tI(II\ pass and tel......... n nrvatiCl'lS. He was inf.........d that the holders of a E'--CZI"fI pass 101CUld not be cha%ged a ocurt f_ Wø1 they play. It is estimated that if po "IAC'W'IØ playB twice a week fraR the openinq of the ocurts to the en:t of the yær, it 101CUld make a pass worth purchasing. Mr. WllJœns stated that he does agree with the 1II1lti~..,...- use projected for the center and that it shaùd pay its own way. He stated that the Tennis Club 101CUld dalate new tennis nets or, if saœthin:] is - W more, they 101CUld look at that. He stated that the fees are too high and a more reasa'lable fee 101CUld encourage more use. He reo:- ··..-·LJed $2.00 per persa'I for residents; $3.00 per persa'I for rr.n-residents; that a pass cost a resident $100.00 and a rr.n-resident, $150.00. He .~6ed family mPI\,herships. Rich Haggerty, North Blaney am 1IIPIIIho>r of 0Jperti00 Tennis Club, said it is a mistake to d1arge too high of a fee in the beginnin::J; the cœplex is not a tcp product. -16- MINt1I'ES OF '!HE APRIL 16, 1990, REGUIAR CITY <:r:UNCIL ~ (œ-788) D:u:win 'IbrcrIe said that as a private club, the fees 'oIer8 DJJd'l more at t.~t facility. Cœrts are not available when people want to play; reservatiCl'lS at 4:00 p.m. and atter are at a premium an::!. m saturday, there is not a oc:urt available in 0Jpertin:>. By c:x:I'1Sel1SUS, Council fourd the f'l1hnitted fee schedule a.cceptable. It was IDCIIIed by Counc. Szabo, secx:njed by Counc. Sorel1sen an::!. P"~~ed unaJÚJIn1S1y (4-0) to ~ the rrormittee ree' ....-.datiCl'lS. 30. Diso_im regaJ:àinq fomatim of a benefit ;,ø-e<!' '-'iL district and request for eJLL.............t. - SUIta Clara Valley water District (Counc. Bæ:b Kqpl) . Counc. ~1 stated that the Council has eJ.Jœ:sed this """"""Ire. A """'"""'ry of the """"tIIIJZ:e is scheduled to be in the next n_rtin:> scene. 31. Report m bid cpeninq - ~.L<..act curt:s, gutters, si"'-ÆLlJæ, Project 90-102, and award of .....,LLact. It was DK:Ned by Counc. Kqpel, s..calded by Counc. &.u.....:aen and p"ee-' unanima.Jsly (4-0) to award the project to GàuL~ Bi.anåú OCIlst.."'Uctim for their low bid of $163,196.34 an::!. to authorize a l..5% ~ for a total of $187.696.34. 32. ~LL m bid cpeninq - Handicap RZIm rnst:allati.a1, Project 9D-4oo2, and award of .....iL<aCt. It was JD:I'o-ed by Counc. KqIpe.l, S600IIded by 0CUr.c. &.u._ 11r an::l p"øe-' unanima.Jsly (4-0) to award the project to P , F CDIstr\Ictim for their low bid of $25,503.00 and to autharize a l..5% ocntiJgency for a total of $26,778.00. 33. Ca'lsideratim of an April 30 Council study sessim. By ....._ msus, Council set April 30, 7:00-8:30 p.III., Cc:nference Rccm A, for a study sess1m pert:aininq to the shortenin::J of Council 1III!Iet:.irçs. 'Ihe Clerk was c:1.iJ:'ecÞ..ed to redistriJ:IUte the last ~"'"""'ry m that item. WRI'I'I'm CXHIJNICATIœs 34. Ncne. ORDINANC:ES 35. Na1e. -17- Benefit Assess- ment District fo SCV Water Dist. Bid openings Study Session . . Legislative Revie·.., Commit tee . , . I ! KflltlI'æ OF 'DiE APRIL 16, 1990, REX;U1AR CITY CXXJNCIL MEE'l'I!C (0';-788) RI'1JOIlJ'I'ICH; 36. Na1e. ~~~ 37. Oral Lq.vLU t-:r staff n.....~ -exs. 38. Update regudinq the 2.4 acre parcel located ð.t City Center (stevens Creek Boulevard and DeAnza Bouleva:..:d). City Manager Brown annc:unced that no clear neighborl1cod ocnsenøus has been found; D:Jwever, the facilitator is hopir.q to firñ a solutim. FaroId1 Deboo, CUpertino waterfall resident, said he had møt with Mr. stiebel. He asJœd if the facilitator had rer~ all deh.i1... '!he cptiCl'lS he offered were baMð Q1 giving the developer as III.1d1 as possible, in Mr. Deboo' s opinim. Mr.~ believes that the developer does not have enwgh credits to h,i1d a mirrar i""'9'" bni1ðirq. He stated that, yes, there are diverse opiniCl'lS; however, JDCSt ~ want a park. City Manager Brown said Mr. gt,i<>bel was given infcmœtia1 and is familiar with details of the situatia1. He also møt with the leadership of the area as L"'t'L s ..led. '!he ~--UCl'lS offered came frail the neighl:x:lmcod. CXXJNCIL ~~ 41. Q:amc. Goldlllan - Legislative Rsviar n--i:ttee - Oouncil unanimcus1y ..."..-:1 to take the followinq actic:n regarc:finq }'L' ~lIed legislatia1: SI¡:>poLL SB 1830 (C. ~....n), fire safety stan:!ards, authorizatim for more restrictive 1",..".1 fire safety h,i1dinq standards; AS 2844 and AS 2845 (I'blanco), alocholic bEMæ:~. fortified wines; AS 3193 (Polanco), rec1eIIel,¥"""ll hazarcb.¡s substance rel--TT and wastes; AS 270', (LaFollette), solid waste, haIsehold hazardcus was....: }'L'-";L.......; AS 3048 (Bentley) and AS 4114 (Clute), abanCIc:ned vehicles, si1llilA... bills introduced m lmg-standinq local gcvernment prciù_; AS 2622 (Eastin) and AS 3050 (Margolin), recycling, glass beverage oc:r1t:ainers, market devel,¥"",,/L; 58 152 an SB 88 (Garamendi), Gann Î!IWL"¥LiatiCl'lS limit, Prop. 111 :iJlpl..........d..atim bill for key pravisiCl'lS benefit.tin} -18- · KINUI'ES OF '!HE AmI!. 16, 1990, RmJlAR CI'L"i cnJNCIL MEF.TIN:; (œ-788) cities. Cameil will . Iy)ØØ SB 2443 ('l\:Q.Le..), b~ arbitratim, local gt7\I..........,L eapl~; SB 2274 (Be:...." s:n), ~.....al plans, housing elElllBl'lts, requirement to plan for regiavù housinq allocatiCl'lS; AB 4242 CW. Brown) , reqicnù. goYeZ'I'W1C8, reqia1al devel,¥""",L and infnstructure ~"",y; and AS 3463 (Mcuntjay) , allcws camt:ies or other local ~ to unilaterally '-v-t disputed "1Ioi.... f1:aa amounts owed to cities. Oouncil also recpISted tne League's positicx\ m lIB 4319, guarantesd røbD:n trip deDa1stratia1 project (Bates). City Att.ozney Kilian IU'Ir1C:IUOOed that Council .....>]1', adjourn to a Closed sessim pertainirxJ to the City of O,¡pert.im v. Perry, litigatim. At 11:30 p.m., Oouncil adjanned to Ca1fbJ........... RealI A. At 12: 05 a.m., Oouncil J:'eCCrMInBd in Oouncil (tu...J.... cnn::. Fr:S' Itl: Kqpel, Sorensen, Szabo, Mayor RcgerI'J Counc. Absent: Goldman staff p~ S líL: City Manager Brown City Clerk Cl.u..:J i1,. Director of n-"1ity cøv.l'I IL <bran City of nmon+i"" v. Parrv It was DK:Ned by Counc. Fqpù, ~.:Jo:d by Counc. s......._ an and I"''''TE'ed UI'IIIl1iJaamly (4-0) to direct the City Att.ozney to file a petitia1 for rehearinq with the District Cburt of 1\rP""'1... At 12:10 a.m., Oouncil adjanned to April 30, 7:00 p.m., Ccnfaellce RealI A. ~ -19- --~-~.~-~-