CC 05-21-90
,
\
CI'IY OF aJPERI'INO, S'I7\'I'E OF ~
1030C 1úf<R£ AVENUE, CIJPERTINO, CA 95014
TEI1J~: (408) 252-4505
CC-790
MINTJI'ES OF '!HE REX>UIAR crr'i CXXJNCIL MEE."I'IN:ò, HEW Ctl
MAY 21, 1990, CII'Y HAIL CXXJNCIL 0iAMBER
10300 '~UI<I(t; AVENUE, aJPE:Rl'DD, CAL:IF'<RUA
Sl.uJI'E 'ro 'mE f'L1\G
'lhe meetÍl'xJ was called to order by Mayor Rogers at 6:45
p.m.
mIL CAlL
Came. Present:
Goldman, Kqpel, Sorensen, Szabo, Mayor Rogers
staff Pres_IL:
City Manager Brown
City Clerk COrnelius
Director of Public Works viskavich
Director of rn-1I'\ity Devel<..pø=llt <:kIwan
Assistant to the City Manager Brown
Director of Finance snyder
Director of Parks ..m Recreation Ccwlinq
Public Infomatiœ Officer xrey
Hcx.1sin;J and smvioes coordinator Norlinq
Administrative Specialist Jocius (i\rrlved 9:20 p.m.)
City Attorney Kilian
~
It was DK:Ned by Counc. Kqpel, secaùed by Counc. Sorensen
and passed I.Il1ëIJ1iJDr::ly to reJIDYe Item No. 19 frar¡ the
ageOOa and 0Œ1t:inue Item No. 21 to the meetinq of June 10.
CE:REM::taAL MA:J.'lU<::> - ~œs
Certificates for Special 01ynpic Participants.
'!be Mayor presented certificates to the Special 01ynpic
participants !ran Garden Gate School and CUpertin:> High
School.
-1-
p"cial Olympic
ert1f1cates
þ
MINtJI'ES OF 'IHE MAY 21, 1990, RÐ3lJl.AR CITY cnJNCIL ~
(CX::-790)
ORAL CXlHJNICATICJoIS
Karl Paradise, Pinntaqe Parkway, said it had been 103 days
since BOO COWan arbitrarily deleted a key policy fran the
General Plan. 'Ihis policy had established the character of
city Center and this deletion was done withalt due pr'"'Ç'OOe
am p.Jblic irp..tt. Alan Hess, architecture critic of the
san Jose Mercury News, echoes the citizens' conoezns. An
article by Mr. Hess states that the center does not reach
out to the City, oart:ains a I1Ol1-Œ!script park on the .......L'...r
of Stevens Creek Boulevard am DeAnza Boulevard. Mr.
Paradise quote:l fran the article. Mr. Paradise stated that
he is a ",."".,..,.. of the CUpertino Wat:c.h:kJg group am the City
needs a Council that will create a livable CX1!IIIJ1'Ú.ty. '!he
group's calls for refcmœ have fallen on deaf ears and
there have been attEmpts to silence the group.
t
James Mehta, O1ateau CUpertin:>, exp:--~9d two oonceInS:
one, OŒ1Sb:uctim noise at 6:00 a.m. i..x:ludirJ;J Saturdays;
two, b.1ildinq materials, especially nails fran the
Oa'IStructim m the O1ateau CUpertino driveway. He would
like this prevented. Mr. Mehta was inf~ that if there
is a noise problEm, he oculd call the o:xie EnfUL...........1t
Officers at City Hall after 8:00 a.m. and they would
respcni to his oaIplaints.
David Tamsley, 10166 Danube Drive, said there is a
disturbinq trend of averdevel'¥"""lt aJ1d exploitatim in
City Center. 'Ihe PlanniIx] rm.nk"im made chan;es in the
hotel withalt a p.Jblic hearinq. Also, Mr. Vidovid1's boxy
b.1ildinq next to O1ateau CUpertin:> was ebjectianable.
Givinq the P1.anniIJ;J C'hmI;"'3ion more control will worsen the
conditim. 'Ihe City _U~" a balance of d.evelcpnent, n::Jt an
~ð.
Mayor Rcgers told Mr. Tamsley that if he would leave his
name and ...kh. - and request notificatim when certain
items are m the agenda, he would receive that
notification.
Paul Ilgenfritz, 10266 Danube Drive, said that part of
Cameil's jeb is to look out for citizens. '!be b.1ildinq
next to O1ateau CUpertino is against the General Plan.
Newo¡¡paper articles such as the ane in the san Jose Merc:u%y
News lowers property values. staff says the silent
majority favors giveaways in ~ to develcpnent. Mr.
Ilgenfritz WQÙd like to see that.
t
-2-
MINtJI'ES OF '!HE MAY 21, 1990, RmJI.AR CITY cx:::uNCIL MEE'I'I}C
(œ-790)
Rúl Halstead said the park shcW.d have had a covenant
recorded requiring pJblic use. He urged the City CWr¥:il
to listen to residents and prevent. averdøvel'¥"""lt.
Gorda1 Frolic:h, 1202 Eelknap <n.1rt, said he is me ot the
silent majority. He does not deny citizens' right to
speak, œt their cause is as invisible as their dog. 'n1eir
goal is to brinq this City CWr¥:il to their knees and
that's al1. Let the City Council go m with their
b..Isiness .
a:t6ENI' ~
A I1IE!II'ber of the pJblic requested that Item No. 4 be
Z"E!IICVed. Counc. Szabo rem:wed Item No. 9 am Mayor Rcgers
rem::wed Item No. 18. It was DK:Ned by Came. Szabo,
secorx!ed by Counc. ~l and paes'9d UI'1ðIÚ.1IO.ISly to approve
the balance of the 0Œ1sent calerXlar as snhnitted.
1. Monthly Activity Report, April, 1990.
2. Monthly Treasurer's Report, April, 1990.
3. ~licatim AS1IC 51,894.1 - GΠMobilnet - Request for
review and ..........uv.ù of an antenna tower located in a
mini-storage site adjacent to the 280 fre£way and Mary
Avenue. RBo:> ....-Ided for ..........uval.
4. ReDcved frail the 0Œ1sent calemar.
5. Resolutim l~. 8134: "A Resolutia1 of the City Council
of the City of O,¡pert.im Allc::JWin;J Certain Claims and
Demarx:Js Payable in the Amr:iunts ani FraIl the PUnds as
Hereinafter Described for General and Mi'K'('llaneoos
EJ.penditures for the Period. Endinq May 4, 1990."
6. Resolutim No. 8135: "A Resolutim of the City Cameil
of the City of CUpertino Allc::JWin;J Certain Claims and
Demands Payable in the Amr:iunts and fran the PUnds as
Hereinafter Described for Salaries and Wages for the
Payroll Period. Endinq May 8, 1990."
7. Request for ð¡..J.1L..,..Üatim for City Attorney.
8. Request for apprq>riation for lease payments CI'\ Wilsal
Park.
-3-
Consent Calendar
.
MINtJI'ES OF '!HE MAY 21, 1990, RmJIAR CI'IY c:x.,'NCIL MEE:I'Il«;
(œ-790)
9. Removed fran the Ca1seI1t calerrlar.
10. update m status of possible utility taxes an:i
~s~=-tt districts. Receive information; 00 action
requested.
n. ABC license a¡:plicatians - Togo's EateJ:y, 10122 Barxiley
Drive.
.
12. ~roval of Cable Television Mvisory O:mnittee grants.
13. Resolutim No. 8137: "A Resolution of the city Cameil
of the City of CUpertin:> lwt.'1orizin;J Execution of
~ee.iIE!Ilt with the City of SUnnyvale Providing for
Interccr1nect of Water ~tems for Emergency Puzpœes."
14. Resolutim No. 8138: "A Resolutim of the city Council
of the City of 0JpertiJ¥) Authorizin;J Executim of
Deferre:i ~..........IL with Rebert T. Martin and Sheila D.
Martin for the IIIp:roYement of FraItage Alax¡ 10382
Orange AvenJe."
15. Resolutia1 No. 8139: "A Resolutim of the City Council
of the City of O,¡pert.im Authorizin;J ~m of
Deferred Ia"L..........IL with 'l'Ur'q Pinq 01anq and IJ.nja L.
01anq for the ~UÝ_lt of Fra1tage Alanq 10408
orange AvenJe."
16. Resolutim No. 8140: "A Resolutim of the City Council
of the City of Q.Jperti."1O A«(""i'Linq a Gzëmt of F.Jo..........1t
for stœ:m Drain Pl.npcses fran RdJert Item Lxated
Viceroy Court."
17. Resolutim No. 8141: "A Resolutim of the city Council
of the City of CUpertiraO lIpproII'inq 01an;Je order No. 7
for stevens Creek Boulevard n..,.,1.OI/'ements, Orange to
!bar lap, Project 4022."
18. RellDved fran the 0:I1sent calerrlar.
vote MeIrèers of the city cooncil
AYES:
Goldman, Kqpel, Sorensen,
Na1e
None
Na1e
Szabc, Rogers
OOES:
ABSEm':
ABS'I7üN:
S.íliS
clal::J.
ITEMS REMJVED FKM a::tœmr CAIDm\R
4. Claim for damages filed by Nicl101as Skordilis.
Recanmended for rejection.
-4-
!illIUI'E:S OF 'mE MAY 21, 1990, RmJI.AR l.TI"i aJJNCIL ~
(CC-790)
Nicholas Skordilis, pl:q)E!rt:y owner, 10227 Beamon Drive,
¡;aid that a city staff --.r had told him that whr-aver had
planted the tree so close to the sewer line was I'ØJligent.
Mayor Rogers r..ated that residents are responsible for
street trees.
Mr. Skcrdilis asked if he oculd have that in writinq.
'n1e City Attornt!y stated that C1pe.rtiIX> receives its
direction fran ABAG. It WQ.Ù.d be a breaci1 of ayl........IL if
the City were to deal direct with the claiJDant.
It was moved by Came. }('q:pel, seoc:n3ed by Came. Sorensen
and pass'9d unanlmcusly to reject the claim.
9. Request to mdify J::u: get OCI1trol authority.
CoJnc::. Szabo said he thœght that this had been ayL......l to
at a work sessim and asked if the line item infomation
WQ.Ù.d be available if wanted.
'!be Director of Finance stated that yes, it WQ.Ù.d be. He
is just askinq that the City Manager have the ability to
IIDIIe the IIICI'1ey within the J::u: get as it exists today. '!be
Oouncil could get a L<}JUl.l. Mr. SnyàPr stated that he will
make this infcmaatim part of his Treasurer's Report if it
is done.
It was DK:Ned by Coone. Szabo, s.ac.....:Jo:d by Came. ~ and
P"~-ed unanimcusly t:c- ðt¥LU'.'e the 1""'qI-t.
18. MiraItes of the n ~ar meet:inq of May 7, 1990.
Mayor ~.. requested that the first parCllp.~l of Item No.
54 add a clarifyinq staté..."...L that no actim was taken and
this was infomatim a1ly.
RJBLIC HEARItQ;
19. ~1 of 1\SAC denial of ~lication 1\SAC 51,873.2
requestinJ nea1 signs for the windows of Miyake
Restaurant, J0625 South DeAnza Bc:cl.evard. (~l
filed by otsen Signs on behalf of Mr. Miyake).
(Previously witb:lrawn.)
20. 1\ft'A"1 s filed by Tarñem Q:mplters, Inc. an:J Dooq Akagi
- AS1IC denial of request for Tandem signage, arlldinq
4, 19191 Valloo Parkway (northeãst oomer) and arlldinq
200, 10435 Korth Tantau Avenue (north of 1-280).
-5-
ppeal-ASAC
pp. 51,868.1
(Tandem)
e
.
\ppea 1 of
\pp. 1- TM-90
.
MINUTES OF '!HE MAY 21, 1990, RmJIAR ClTY CXXJNCIL MEEITNG
(œ-79C)
Director of Cammmity ~elcpnent Ca¥an reviewed his report
with Camei1.
Jon Boyes, site Develc:µnent Manager of Tandem CaIp1ters,
said that Tandem has nine pr-opanies ab.rttin;¡ the frHMay.
One has a sign at this time. He felt it was ~iate
for Tandem to establish its identity alon::J the freeway.
!here are m cw.L""IL plans for more signs. Requests for
more signs WOJ.ld oocur only if there 'oVere a c:han:Je in the
real estate lY'WIftII"1Íty, which he doeR not expect. '!he signs
requorsted are the same size as the current sign.
It was m:wed by Counc. Kqpel, seconded by Ca..Inc. Sorensen
and passed \.II'IalÚIIn1s1y to close the p.¡blic hearin;¡.
It was lOCIVed by Counc. Kqpel, seconded by Came. Sorensen
and passed unanimously to a~rove the grantÍ1'x1 of the
appeal.
Cameil di",,",,~-sd fotminq a s>Jb:- .....ittee with ASlIC and the
~r of n ..-, oe to look at revisinq the ClI.LL""lt sign
ordinance. 'Ihis oculd be put into the future work plan
after the oazpletim of the General Plan.
'!he City Manager stated that staff will bring Cameil a
J:~ . .-. datim regardin¡ the time fnmIe. 'Ihis item will be
~ to the agenda of the joint 1IIBIItinq. Also, at the
joint 1IIBIItinq, will be a di"""'''",im regardinq the settinq
of policy.
21. ~1 of ASlIC's decisicn regardinq lamscapinq,
Awlicatia1 51,890.1 - All American Shc.pping Center,
narthw8st 0........... of Blaney AVPnUe and Bollfn; er RaIId.
ArP-l filed by Ken IaPoint.
(PreviCA.lSly ocntirA.1ed to the meetinq of JUne 18.)
22. Appeal of Plaminq Chnni~im denial of A¡:plicatim
1~0 to suJ:xUvide a me c1...... parcel at 20867
Jot:Clellan RaIId. ~1 filed by Tripiano Canstructim
~.
Director of lhmo1l'Ú.ty Develcpnent Ca¥an reviewed his report
with Cameil.
Rc.nald Tripiano, representin;¡ Mr. and Mrs. DiSalvo, said
that he felt that the Plannin:J Chnni....ion was frustrated by
the tilre they got to the Flick awlicatim and, therefore,
a~rcve:i. it. Mr. Disalvo's property was then landlocked.
He feels the only i .....:Ie regard:in;J the ....~ flag lot is
which side do we have it m. Mr. Tripiano stated ti'.at he
sees staff has N!dAd O:niition 14, paragrëqi1 2, that was
not in the original awlication.
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MINlJI'ES OF THE MJ\.Y 21, 1990, RÐ.7JIAR CI'IY o.xJNCIL MEETIN:;
(œ-790)
Malcolm Finlayson, 10459 Bonny Drive, said there must be an
alternative to a 15 ft. flag lot.
Mrs. Flick asked Iohy the city e>:pected neighbors t') get
together. '!bey have had no problems, the CiÞj did.
Callmissions have socked in the DiSalvos over the years.
Mr. am Mrs. Fl ick are leavirq in June and seem to be
expected to ckrIate prq:erty for a road; they were not go:in3'
to. Mr. Disalvo's a¡::plic.ation should get a¡::pI'Olfed; it
won't bother anyone. There has always been lots of traffic
allowed on McClel"an Road. She urged CaJncil to grant the
appeal.
Mr. Cowan clarified the suggE'£ted donati= of lam for road
wideninq .
Clarence nick, n::clellan Road, acXJressed COuncil regardin;J
the staff design. He said this design includes 1/3 of his
property. Mr. 'I'anaguchi woold lose 20 ft. of his haDe.
'!his waüd mean a 60 ~. roadway for five or six hanes; the
current street is less than 30 ft. wide, sexvinq lots of
traffic incl~ '-:~. 'Inere a...""8 many one car
a=ide:Jts. Mr. nick said he has sat in Cameil ~~
and heard testiJrony aç,ainst traffic m ot1'1er streets am
those streets get closed, arxi more traffic gets ~ to
McClellan Road. '!be intersection of DeAnza,lPacifica¡-
McClellal1 Road was ilIp'OIIed "CO :iJtprove the flow of traffic
to McClellan Road. Sola ani 'I\1la Court devel-.p_,Ls closed
in the DiSalvo property. In 1977, the City Cameil said it
ooold be develq¡ed by flag lots. '!he only aooess these
pecple have is to McClellan Road. Fifteen feet is
sufficient ..,.......,e. Mr. Flick saw no valid basis for
rejectim of the ~l. He and his wife were wat:chi.n3 the
Cameil meeting m television and dashed down. '!bey had
expected this item at a later time. Peq>le do watch the
meet:in:J m television. CUpertiIX> sha.ùd do saœthin::J about
McClellan Road. Many of the a=idents occurrinq are the
result of planning errors-trees and curbs.
Mr. Finlayscn said that the ageroa item says only two lots;
he saw plans for three lots. He urged Council to think of
the future and what a"""""'~ means.
Mr. Tripiano asked if he ooold just reserve the right to
cane back. A letter fran Mr. Disalvo was read into the
record. (City Clerk's Note: Side 2-10 minutes of the:
cassette tape.) In the letter, Mr. Disalvo requested that
the Cameil let them I::ui.ld one hc.\1œ and they will donate
10 ft. to the City; they will build 6 ft. fences.
-7-
! (Side :)
-
AP1.i., 6-U-90 6-
5-.90
.
MINUl'ES OF THE MAY 21, 1990, Rm1IAR CTI"í CroNC L MEITIN':i
(CC-790)
It was IIDVed by Came. ICrßJel, secorrled by Courx::. Sorensen
and r"'~~'9d unanimaJsly to close the p.Jblic hearin3'.
upon being asIœd, Hr. COWan stated that the 1:W.ldinq in
back IoU..Ùd be required to be sprinklered. DiAn'Elsim
followed regardi~ lOCIVinq the driveway to the other side.
COncern was expr-<>oo regarciin:J a past decision that
resulted in landlocking pzqJert:y.
Mr. Tripiano said that he has worked with Hr. and Mrs.
Flick as IIIJCh as possible. In regaro. to m:JV~ the
driveway to the other side, that is where the DiSalvo's
garage is located.
It was IIDVed by Counc. Szabo and secondej by CCAJnc. Kqpel
to deny the 'Iff""" 1 and u¡::t1::>ld the Plðnni1J;J ChmIi .....1m
decisim œsed m the fact that the design is detrimental
to the neighborlxxxi. '!he DDtion r"'~~ed with Mayor Rogers
and Came. sorensen ili-ldL.in3.
PIANNn«; APPLICATICHS
23. ~lication 6-u-90 and 5-FA-90 - O1arles Reynolds _
Request for U_ Pemit to construct a 1,400 sq. ft.
~ sinqle-family resideooe in a Planned
D8Y8l'¥"""1t zaú.n] district. EnvllOUl..../tal
Detelminatim: '!he Plannin:J ChmIi ....ion reo' .......FJds the
grantinq of a Negative Declaratim. '!he property is
located m the nartheast 001:1...r of 0rarx1e and Olive
Avemes. p.o. u._._~ for éÇþLuval with cxnii.tiCl'lS.
ChIck Reynolds, a¡:plicant, aèk:Iressed Council regardinq
þL"l. 0( nd dedicatim. He requested that the 45\ lot
oaveraç,.. include a credit for land dedicatim (5 ft.). In
regard to park fees (ordinance No. 1479), if there were a
previous b.1ildinq a'1 that lot, he was told there would be
no fees. 'Ihat subdivisia1 is 73 years old. He has had the
lot for 10 years. It is not a big lot; it is not a big
haJse. He e:xpect.ed a rea&c:I1ëIble relatiŒ1Ship ):)eb;een the
haJse and the fee and, in his c:pinion, it should be no more
than $4,000.
Director of Public Wœ.k.o Viskcvicn said that in aooordanoe
with City Cameil's ordinance, the park fee is $15,000
approximately. If previous payment had been made urder the
()úJItJy Act, that payment: would be credited against the
cw.u..1t fee. '!he fee is œsed on the amamt of people the
devel,¥"""llloU..Ùd generate.
-8-
MIWl'rn OF 'l\1E }O.Y 21, 'l99Q, mrnI..Þ.R CIT'i <:nJNClL Mrnl'Jm
(œ-790)
Mr. c:D.Ian said that figure quoted by Mr. Reynolds is the
figure that would be aslrQ(') if a townhc1.Jse 1òeX'8 goin¡ in.
City Attorney Kilian stated tl1ere is a ~. >OeErEl an ðR;>licant
can use to OCIIIB back at a later time an:t "'R""'" 1 the fØIV:U1t
of park dedicatiat fee. '!he park dedicatim fes has not
yet been established by staff. '!hat is a æparate pl' ~e
!ran the use 1""""i t ðR;>licatim.
Mr. c:D.Ian stated that in regard '-0 the 5 ft. dedicatia1
credit, the floor area ratio is haBed m net size after
dedicatim; there is no prcvisim for such credit and he
cannot have a larger ha.1se withcut a variance or c:hange in
the ordinara!.
It was lIOVed by Counc. ~l, seccn:Jed by Came. Sorensen
and paesed l.II'IðlÚDK::QÙy to grant the Negative Decll\ration.
It was DK:Ned by Counc. ~l, secañed by Counc. Sorensen
and ["'ee'3d UI'1I!IIÚKIUsly to apprcII8 the applicatim per
Planninq rhlni_ia\ RBsolutia1 No. 4254 with a ocniitim
~ to require the CXMt.rin:¡ of artf wells m the prcpert:y.
p:;. -'S: 8:58-9:02 p.m.
~ AND srm APPRJVAL CDHl'l'l'EE APPLICATIœs
24. Na1e.
UNFINISHED wsnœss
25. Na1e.
NDI ElJSDŒSS
26. :Reo:- ··..-·wtia1 trail the 0Jpartin0 Sports center Interim
Use O:mnittee ~ status of building.
5harc:n COlman, '" ~ oEOC of the Sports rhlnittee, answered
questiCl'lS of the Council. She stated that the
re-:....·-·ldatiCl'lS had not been reviewed by the Par.ks and
Recreatim rhlni-im. '!he rhlnittee was requestinq that
its lifetime be extended so they can oc:.nt:.in.Ie workin3' m
i.......... '!hey wculd like to look at the possibilities for
use of the },II; 1d1B.J and will OCIIIB back with a plan as well
as the total SlIID of IIICI'Iey requested. '!his will go to the
Par.ks and Rb......atim rhlni....ia1 and then to the City
Council.
Council requested that Pooo ....-, dation No. 1 as presented be
reworded.
-9-
(Side 3)
Cup. Sports Cente
Interim Use Comm.
.
App. 81,004.l8;
[.,lndscaping
Or...) .
.
.
M!NUl'ES OF 'mE M1>:l 21, 1990, IID:;t;'!.1IR em cnJNClL ME:ETINC
(œ-790)
It was m::wed by Co.lnc. Kq:.pel, seconcled by Counc. Sorensen
and p"'!'sed \.Il1aI1.i1tn¡sly to approve ':he recanmendations of
the O:mnittee with Item No. 1 ærended to read, '''!he
ChmIittee will continue to evaluate alternatives and
DD1ificatiCl'lS to the b.1ilc:lirq am return with a pr~.
'lhe plan will be presented to the Parks and Recreation
ChmIi-im prior to presentation to the City Cameil."
27. ~lication 81,004.18 - ~It of Ordinance 1449
(Residential Sin3le Family) ZOile, Ordinance 1451
(Agricultural Residential) Zone, and Ordinance 1452
(Agricultural) Zone to add regulatiCl'lS provic:lirq for
1IIaI'datory installation of frart: yard landscaPin3 for
new CŒlStruction am substantially ~led existinq
deve1'¥"""It, and provic:lirq for the review and
inspection of said laro<lr<lpin;J. Reocmnerrled for
denial.
(a) First readin;J of Ordinance No. 1528: "An
Ordinance of the City Cameil of the City of
QJpertino Amerxiin¡ Ordinance 1449 (Residential
Sinqle Family) Zone, Ordinance 1451 (Agricultural
Residential) Zone, and Ordinance 1452
(Agricultural) Zone to 1\dd Re:Ju].atians Providinq
for Maroatory Installation of Fr-:Int Yard
I.andscaPin3 for New Cx1struction and SUbstantially
~led Existing Devel,¥"""lt, and Provic:lirq for
the Review and Inspection of Said I.andscapi.n;J".
Jeff !t::Ðien of Merriman Read, said that he is ~llinq
and if the þL'¥-sed orùinance were in effect, he waüd fall
urx:Jer it. He ........_ð9d à:>jectiCl'lS on both a cost and
aesthetic level. Council sha1ld be l00kinq at ways to
lower, net raise costs of buildin;J. '!be}'L' 'IA-£ed ordinance
just creates more paperwork. He reviewed the ite118 the
City has ~ in both time and costs. He fesls the
}'L' ¥ _1 will oertain1y require a review of fees. In
regard to esthetics, laro~ing is a matter of indivM...'l
taste and he anticipated that the property owner waüd have
burden of proof. He I"A<" ...._J Iåed Cameil net pass the
ordinance. He does have his buildin;J pennit approved, so
the ordinance waüd net affect him; however, the cost of
goin;J thrt:uJh all the things required by the City was
$45,000 and nothing was c:han;Jed.
Dick Childress, Regnart Canyon Drive, felt that the
pr:posed ordinance was discriminatory and ",nñ~ costs.
(Pat Jocius arrives 9:20 p.m.) Mr. Olildress stated that
the ordinance was just more goverrment control am will not
solve what is really only a miIX>r prcblem. He said the
xeriscape ckx::ument ~L,¥~Sed by the city is extremely
detailed. CUpertino is overregulating; this ordinance
addresses oœpatibility which is inappropriate.
-10-
MINUrES OF 'niE MAY 21, 1990, RmJIAR CITY CXXJNCIL MEE:I'JN:;
(œ-790)
Ann ~er, tt:Jnta Vista, disa.,¡u",,"} with Mr. OUldress. She
Gtated she is sorry to do this because he had upgraded
~ vista. CWnc:. I<q:pel pl~ this ordinance based
on new haœs. '!his also talks abcA.rt: existing hanes.
Came. Koppel was t.a.lid.n;J about minbrum lan:lscaping. Ms.
~ cited sane new hooses in the M:>nta Vista area that
had weds to the win:k:1..r sills and ¡JEq)le li vinJ there. She
~ the ordinance not a¡:ply to nmxieling.
Elly Werner, 20076 Ia Rcda CcA.lrt, said she basically agl. 'TE'
with what Ann An;Jer had said. Iand.."'";opinq builds pride of
ownership. A builder has sane respausibility and shcW.d
make sc.œ kind of effort. Ms. Werner a¡:proves City Cameil
actions that will help pride of ownership.
Reed Sparks, 10695 Merriman Road, said his fees \ære a
little under $30,000 a coople of years ago. Is it possible
for the City to take part of the fees, give that DKmey to
the develcp!r to p..rt in land"'""l'in:J or co.ùd this be done
thrcu;¡h the wed abatement ~9.
Mr. Cowan said that at this point there has been no
rHAl"'J'"""im of Mtkwi cost to the hcmecwners. '!his WtAlld be
another item m the final checklist for the builclin¡
inspectors. 'ßle builclin¡ inspector WtAlld make a jl1r~nt.
Mr. Oúldress pointed o.It that the ordinance requires
...'....i....im of laro"'<"ape plans with the builclin¡ permit
plans.
A<;sistant to the City Manager Brown explained that the weed
abatement pl' ~S' was used by the Coonty Fire Marshal when
the To'!! -i<: \ære determined to be a fire hazard.
It was DK:Ned by Came. Kqpel and secxn:1ed by Came.
Sorensen to aß)roVe the ~L' 'l":sed ordinance. '!he DDtion was
defeated with Came. Szabo, Goldman, and Mayor Rogers
disselltinq.
28. O:B1sideratim of Calmmity Develc.pœnt Block Grant
(CDB:;) f'urx:lin;J requests fran Hoosing for In:!epen:ient
Pec.ple: $50,000 for a groop haDe for six lC1.ol-incane
seniors (in ooqJeratic:n with Project Matdl) and $50,000
for a groop haDe for six c1evel,¥"""ltally di~led yœng
waœn (in OOC{oeratic:n with the Hil F'aIrxiatic:n).
(a) Resolution No. 8142: "A Resolution of the City
Cameil of the City of CUpertiIX> AR>rovinq the
Allcx::atic:n of $100,000 in Cbma11'lity Develc.pœnt
Block Grant (c:DOO) FUnds to Hoosinq for
Jl'X3epen:Jent Pec.ple for Fstablishment of 'IW Group
Hanes and Authorizing the Ðr"C" ¡tic:n of Agreements
in O....a.ection '!herewith."
-11-
CDBG funding
requests
.
<.Side 4)
ÍJ~velopment
Intensity
~anual
.
Ord. re: leaf
blowers
.
MINtJl'æ OF 'mE MAY 21, 1990, REX:;tJIAR CI'IY CXXJN<..'IL ~
(œ-790)
Housing 3I1d Sezvices Coordinator Norlin;r was available for
questions fran Cameil. '!be m:mey is a ane-time cœmit:ment:
am is a loan.
It was m::IVed by Counc. ~1, sea:nied by Came. Szabo ani
P"~s'9d unaJ'ÙJ1n1s1y to adept Resolution No. 8142 with Item
B.l amerrjed to iIx;lude the CUpertiIX> Urban service Area.
29. City of CUpertiIX> Developnel1t Intensity Manual (File
Ref~~ 81,003.24) - Discussion of consolidated
refE!J:e..~ maIUJal descr:iliin;r various existinq
regulations of non-resiàential land use intensity,
iIx;l\Xlin:J Floor Area Ratios, TIPS am special
regulations of various plant'lÍJ'J;J areas. Re.c......ut:I ded for
awroval.
(a) Resolutim No. 8143: "A Resolution of the City
Council of the city of CUpertino J\dqJtinq
Devel........""'.L Intensity Manual."
It was IIICIIIed by Counc. ~ an::l secc:med by Counc. Szabo
to adept Resolutim No. 8143.
Cameil di··c"eeed the amenities ~'"'I) exclusim and its
awlicatia1. Counc. Goldman requested that the motim be
amended to eliminate the amenities qpaoe exclusim.
Dj """'''9im foll~ whether or not this IoICUld then have to
go back to the Planr1!n3 t'hIoniRSim; it did not.
It was DK:Ned by Counc. Goldman to IIIDeJñ the motiœ to
exclude the amenities S!?ëI.ce exclusim. Counc. Szabo
sec:x:n:Jad the amendmehL. '!be amelIdmeIIL failed with Counc.
}((:gJel, Sorensen, Szabo and Mayor Rcgers di"aentirç. '!he
motim to adcpt Resolution No. 8143 was adcpted with Counc.
Goldman cii.ssentinq.
30. Di..,..,'....im of possible ordinance regulatirç leaf
blowers (8. Rogers).
'!be use of leaf blowers was di"'CIlSsed in b;Q aspects: 1)
noise; 2) usefulness.
By consensus, Cameil agreed to oonsider this item at a
later da~.
31. ~LL on bid c:.peI'lÍrXJ and award of project:
Interoa1nect Sallplirç Detectors, I:'eAnza Boolevard at
I.azaneo Drive, Project 110-996-953.
-12-
~ OF rnæ MÄ'i 21, 199Q, JID:m1IR crl"i croNClL MF£mC
(œ-790)
Director of Public Works Viskovich requested that camcil
reject all bids, authorize the infonnal bid pI""'"""'e and
allow up to $12,000 for the project.
It was:mcvro by Szabo, seoc:n:1ed by Came. 1CrßJe1 and I"'a.......
UJ1êIlÙJIIa sly to awr<::I\M Mr. V1skavich I s ve.tbal
re........w.e. dation.
32. Cansideratim of Joint Powers h,¡l.""""""'IL relatinq to
potential stadium facilities analysis.
(a) Resolution No. 8127: "A Reso).utim of the City
Council of the City of CUpertino Authorizinq
Exec:utim of Joint Fewer h,¡L""""""'IL Between tho
Coonty of santa Clara and the Cities of ("Ant l-.ell,
Q.Ipertino, Los Altos, Milpitas, Santa Clara,
Saratoga, and 5unnyvale Relatinq to Potential
Stadium Facilities Analysis."
City Manager Brown stated the City new has $2,340 in the
fund, SO $2,210 is still needed. 'Ihe Oouncil oculd wait
until the em of the week to send the check and frart; the
remaini:nq 1IØ1ey.
It was DK:Ned by Counc. Goldman, seoc:n:1ed by Came. Sorensen
and pel8sed unarúmcusly to make a payment of Wat furåI are
available m May 28 with a final payment m JUne 15; all
payments will be fImjs received traI1 private SQJrCeS.
It was DK:Ned by Counc. Goldman, seconJed by Came. Kqpel
and pe~eed unarúmcusly to adept Resolutim No. 8127.
33. Report m bid cpeninq and award of project: Traffic
Signal Maintenance m various int:ersectiCl'lS Citywide,
Project 8602.
It was DK:Ned by Came. Sorensen, ........:Jo:d by Counc.
Goldman and I""ee'9d UJ1êIlÙJIIa sly to reject all bids.
34. selection of date for 1990 civic SeIvice Award
Ce.I:: E!IuO\ IY .
By =nsensus, <nIrx::il selected November 1 for the ceremony.
35. Request for study session on Rø.rt:e 85 traffic I!KX!eling.
By =nsensus, Council c:hcse Mây 31, 6:30 p.m., Conference
ReaDs C and D for the study session.
-13-
i
rPA-Glants
I
,
I
stadium
·
(Side 5)
·
Emergency Plan
·
MINUI'ES OF '!HE MAY 21, 1990, REnJI.AR CI'IY a:x.mcrL MŒl'DC
(œ-790)
36. Report on 5ept.eI!Der Drive neighborhood traffic
criteria.
BOO Jodoin said the main collcern of the neighborhcxxi is not
to get adlitianal traffic t:hrc:u;Jh the neighborhcxxi. '!bey
want the Ore Grarñe neighborhcxxi not to be part of the base
cc:u1t. In the base study, Area B (Ore Grande) shcW.d be
left rot; this is outside traffic.
Came. Szabo requested that the camters be in different
locatiCl'lS. He wants to -"'lIre haw many ca..... pass in fra1t
of eaå1 ha.1se. He demonstrated haw this ooold be dœe.
Mr. Szabo stated that the origin of the car is inIIIaterial;
what 0CIlU1ts is the p.......x of cars. '!his did not seem to be
the neighbœ:hood' s ....... .....rn.
Mr. Viskeviål stated that his staff will gather the data
and pr:nnt it in several ways.
It was DK:Ned by Counc. Sorensen, secx:njed by Came. Goldman
and p"'ce'Bd unanimcusly to awrave the staff rð..o.A,.."",datim
with ad:titianal camters as requested by COlIne. Szabo with
data to be loalœd at with and withart: "B" in t:¡¡e base;
staff is to brin3 data when the seocn:i cc:u1t is dœe, at
whiål time Council will decide whether or not to have a
public hearing. '!be neighborhcod is to be notified when
this will a~ m the agema.
37. Ameld......L of Ul._--!l ordinan::» No. 1532, eliminatim of
hnilily wastes in a public place.
(a) Ul.___y Ordinance No. 1533: "An Ordinance of the
City Oouncil of the City of 0Jpertin0 Amerñinq
01apter 10.30, Prohibiting the Eliminatim of
JIrrlíly Waste in a Public Place, of the O,¡pert.im
MJnicipal COde and Dec:J..arin;J the Ul.___-y '!hereof."
It was DK:Ned by Counc. ~, seoc:nJ&.l by Came. Goldman
and p""....... unanimcusly to read ordinanoe No. 1533 by title
mly and the City ClerK's readinq to oa1Stitute the readinq
thereof.
38. p.o.:, ..·..p11datim fran the Public safety canmission for
ac:q,tlm of the City's Ðnergency Plan.
(a) Resolutim No. 8144: "A Resolution of the City
Cameil of the City of CUpertino Adoptin;J an
Emergen:y Plan for the City of CUpertino."
-14-
MINUTæ OF '!HE MAY 21, 1990, REX;UI.AR CI'IY CXXJNCIL MEE:I'IN:>
(œ-790)
Assistant to the City Manager Brown stated the city has
worked cut an ~.......... t with 0JpertiIX> rrwnn.11'1ity Services
ani they will manage the volunteers in a nan-emergency
time. If Council is in ~"""""",L, the emergency plan will
be nxxlified to reflect that.
Counc. Sorensen requested that the city CXJOrdlnate with the
School District in regard to radio equi¡:ment and have a
radio here at City Hal!. In regard to staff tra.i.nin1, she
said that in the school district 5-10 people leam CPR and
first aid.
It was DK:Ned by Counc. Sorensen, secx:n:1£d by Came. Goldman
and p"ðeed UJ1êIlÙJIIa sly to adept Resolution No. 8144,
adcptinq the &.:...'FI...y Plan, with priorities ameJ'Xied as
follows: 1) save human lives; 2) Provide for the need of
survivors; 3) Protect }AL_tÿ'; 4) Prel!~rve gcvernment; 5)
Provide PJblic informatim; 5) Provide direction and
\A, I,LLol for emergency cperatiCl'lS; 7) Restore essential
services.
Council ~.....d, by ...... IIBNIUS, that QJpertino l'roIIIr.lI'1ity
Services will ooardinate the volunteers in non eme..~1CY
t.tmes. It 10ICUld not be IIIIIlIdatory for the volunteers to
participate in this. Oouncil will receive amended cq>ies
or the &.:...'FI...y Plan.
WKJ:.I:J.Uf CXlHJNICATIœs
39. Na1e.
œDINANCES
40. Seexul readinq and ~L......1L of ordinance No. 1529:
"An ordinance of the City Council of the City of
O,¡pert.im Amending' Sect.icn 3.32.050, Time of Payments;
~, Ocnstructim Tax, of the QJpertino M.micipal
COde. "
It was DK:Ned by Counc. s..........l en, seex:o:Je.l by Came. KqJpel
ani p"ð",ed UJ1êIlÙJIIa sly to read ordinance No. 1529 by title
a1ly and the city ClerK's readinq to c:cnsti.tute the seccn:l
readinq thereof.
It was DK:Ned by Counc. Sorensen, seocn:1ed by Came. Kqpel
and I""e"1!d UJ1êIlÙJIIa sly to enact ordinance No. 1529.
41. Seochl readin3 and enact:ment of ordinance No. 1531:
"An Ordinance of the City Council of the City of
CUpertiIX> J\ddir.o:T 01apter 16.60, UI1reinforced Masonry
arlldirqs, to the 0:Ipe.rtin0 M.micipal Cede."
-15-
2nd reading
Ord. l529
Ord. l529
en3cted
·
2nd reading
Oed. i53l
Ord. ]53l
en3ct~d
·
City Center
update
·
MINUl'ES OF THE MAY 21, 1990, REX;UlAR CI'IY a::uNCIL MEETING
(œ-790)
It was lOOVed by Came. Sorensen, secorx:ìed by Ca.Inc. Goldman
an:i P""sed ~ly to read 0rcI.inarre No. 1531 by title
orùy and the City Clerk's readinq to constitute the secon:i
reading thereof.
It was DK:Ned by Came. Sorensen, seocnæd by Ca.Inc. Goldman
an:i passed ~ly to enact Ordinance No. 1531.
RESOIIJI'Iœs
42. Na1e.
~ !<U'UKl~
43. oral L"¥'Lls by staff ""',,,Lexs.
DirE.ctor of Public Works Viskavich told Council that he was
unable to locate the specific IIIJ.lch ~'i'''ry to keep seed
moist durinq the day, so hø will not be able to plant the
bacJc'. lawn of the new <yo_"unity center. '!he front IIICUn:3s
will be planted an:i non--potable water will be used. 'Ib
keep the dirt down, he will have SCIIIethin:J a~lied to the
grt;A1J'rl. 'Ibe City has received a OCIIplaint regarcli.n;J the
chiller m the roof of the C'Y"WION1T1ity center ~ noise.
staff is in the PL~ of tryinq to fix this.
Public Infomation Officer xrey ~ that 01annel 53
had received secmd place in t..ec:hnical excellence,
professia1al category in the Bay Area Excellence
~titim. '!he p1.'-";LGIII receivinq the award was ''Water
O:nJervatim in CUpertin:>".
44. Update m 2.4 acre paroel in City Center Q:mplex.
City Manager BrtIwn ~ that there is no update at
this time. He aslrAd 00unci1 if they ~d li]œ to broaden
this item so they ~d receive an update m the entire
City Center cœplex, incllXiinq O1ateau CUpertin:>.
It was moved by Came. Keppel, seocnæd by Counc. Sorensen
and r<'a'19CÏ 4-0 with Came. Goldman abstaining because of
possible ca1flict, to a~rave the City Manager's
suggestim. staff was directed to notify the neighborhood
of this d1arge.
Farokh OeBoo, CUpertino Waterfall, presented a SUIIIIIary of
his thoughts to the City Cameil. He stated that this is
not an attack on anyone personally. He hc.pes that the city
-16-
Mru\J1'rn QF 'mE M1>..'l :n, 199Q, mnJI.J.R CITY CX1u'NCIL MEEl'ING
(œ-790)
f;taff provided Mr. Steibel all infcrmation. Mr. I)?Boo
stated that confidentiality is one thin:], but he and others
in his grœp wa1ld like to knc:M what is goin;¡' on. Is Mr.
Steibel meant to divide the neighbors or reach hanoonioos
agreement?
Mr. Brown stated that ñi""')L......ent does not mean tiltin;¡'
the facts. Residents have requested confidentiality
because of intimidation of leadership of the group at City
Center. Mr. Ste1be1 is there to put a voice of reasoo in
the process, b.1t is not c:ptimistic that everyone will be
happy. Anycne wishinJ to talk to Mr. Steibel can call the
City Manager's office for an appointment up to June 4.
CXXJNCIL ~~
'!he City Clerk was directed to research whether or not an
alternate for ABAG had been selected, and if so, please put
that under the .........."¥Liate name m the agenda.
47. Came. ("4"11.-'1 - Legislative Review Ccmnittee - Oouncil
~y 8'1[\' \L Led the Ccmnittee' s :r................datim to
~w \L L tundinq for a Bay Area rail P1-c.,¡L..... and to
""1RX>rt: SB 2748 (~), asbestos, rem::wal cost
reccvery; N:A 46 (M. waters), taxation of insurance
<YWlp'lnies and to "M<~: AB 2766 (Sher), vehicle
registratim fees, unless amended to provide 40% of the
vehicle registration surcharge revenues to local
governments in this area; AB 3385 (l'ergusm),
manufactured hoosinq; SB 2443 (Torres), binding
arl:>itratim, local government E!IIployees; AB 3540
(Hauser), rent OCI'ltrol, analysis required in hcusing
element. Council requested a ocpy of AB 1820 (Sher),
1'B 939 cleanJp and AB 939.
CciIn::. Szabo requestal î:ilat the City Cameil eJ.&.......
Pì~itim 119. Althcugt: it is not a city issue, he felt
it was an i.....Je of good gcIo....,.......IL. It was DK:Ned by Counc.
Sza.1x>, -..::.~ by Counc. Sorensen and l"'''~ with Counc.
Goldman dissent.in;J, to eJ.Juu.e Pì~ition No. 119.
At 11:35 p.m., Council adjourned to O:mference Roan A for a
closed sessim m two items: 1) lë100r negotiatiCl'lS,
Government COde Section 54957.6; 2) sale of prq¡erty -
Bruce Irwin and Carl Zðn)'er, Government Code Section
54956.8.
At 12.25 a.m., Council reca,"ened in Cameil 01amber.
-17-
I
I
I Legislative
Review Committee
Closed Session
KINUl'ES OF '!HE MAY 21, 1990, REX:;UIAR CITY cnJNCIL MEE."ING
(œ-790)
came. PL , .l:
Goldman, J<q:pel, Sorensen, Ezabo, Mayor Rogers
staff Pl, i iL:
City Manager Brown
City ClerK Comelius
City Att.ozney Kilian
r..hnr -...ri"t-ilYlA
It was IICM!Id by Counc. J<q:pel, sacade.l by ca.mc. Sorensen
and I"'-9d unarU.maJsly that staff ilL' <>eed as per closed
sessim.
At 12:30 a.m., Cameil adjoorned to 7:00 p.m., May 24,
1990.
~. 4L.~-
City Cl
-18-