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CC 07-02-90 .. CITY OF CIJM:KJ.'.uD, SI'A'I'E OF CALllORNIA 10300 'Iut<l<I:; AVDroF., CUPERTIN::>, CA 95014 TELEPHONE: (408) 252-4505 œ-793 MINUl'ES OF '!HE REX>UIAR CITY caJNCIL MŒl'DC HErD 00 JULY 2, 1990, roJNCIL 0iAMBER, CITY HALL, 10300 ~ AVENUE, CIJPERl"n«), CAI..IFURNIA s;u.tJI'E 'ro '!HE f'L1\G '!be meet:in:J was called to order by Mayor Regal> at 6:50 p.m. mIL CAlL Came. Present: Goldman, Kqpel, Sorensen, Szabo, Mayor Rcgers staff PreS_It: City Manager Brown City ClerK COrnelius Directar of Public ~k.o VisJa:wic:h Director of n-m"'1ity D8Y8l'¥"""1t Cowan Director of Finance snyder Assistant to the City Manager Brown Director of Parks and Re.......c04tim Dtwlinq City Attorney Kilian ~ - Ncne c::EREJDŒAL MA:.I:~ - ~œs Mayor Rogers IU'Ir1C:IUOOed the fomatim of a relief fund for victims of the earthquake in Iran and mentia1eci that dcnatiCl'lS oculd be sent to Americares. ORAL CXJHJNICATIœs - Na1e a::tœmr CAInIDAR Came. Szabo rBIIOIIed Item No. 22. It was DK:Ned by Came. Sorensen, seo....:Jo:d by Oounc. JCt"tpel and p"ee..... UJ1êIlÙJIIasly to aß)roVe the balance of the 0Œ1sent caleroar as sul:Initted. 1. Request for City of QJpertino ~p received £ran 0:Ipe.rtin0 SWi1g Bard. -1- Consent Calendar MINtJI'ES OF '!HE JUU{ 2, 1990, REX;UIAR CI'IY o:xJNCIL ME:ErIN; (œ-793) 2. Request for AlcOOolic Beverage Control lioensEo, cafe Jazz, 20';30 Valley Green Drive. 3. Resolution No. 8157: "A Resolutim of the City Council of the City of eupertiIX> Authorizing Exscutim of Seccn:i lI1!1eudlllel/t to Agre.....:../t to Provide Wœù raw EnfOJ:ceuent }qerc¡ ¡'~e to the caJ.ifœ:ni.a Identification System." 4. Resolution No. 8158: "A Resolution of the City Council of the City of QJpertino Authorizinq Execution of Agree......IL II Between the City of CUpertino and Rancho san Antonio Retirement Halsinq corporatim, a califœ:ni.a NcqJrofit ~ Benefit cmporatim, Cristo Ray Drive Forum Project." 5. ~licatim AS1IC 41H1-87 watkins n ....-rcl.a1 PL_ ties Request for ..............nù. of a precise laro~ing plan for a previcusJ.y approved retail center. IDeated at the narth side of stevens Creek BculevaJ:d BElt-lUll Barxiley Drive and saiå1 way. Pe- ~" ....-. dad tor approval. 6. Resolutim No. 8159: "A Resolutia1 of the City Oouncil of the City of 0:Ipe.rtin0 Authdrizinq the Directar of Public Wœ.k.o to Sign ~icatiCl'lS for state-Ir-l Transportatim D&........L<..tim P~'-";L"'" PUnds." 7. Resolutim No. 8160: "A Resolutia1 of the City Oouncil of the City of 0:Ipe.rtin0 J\dqJtinq a Memorandum of U'I'òerst:ancti Between the City of QJpertino and the O,¡pert.im Ðlp10yees a"9OC'iatim." 8. Resolution No. 8161: "A Reso1utia1 of the City Council of the City of 0:Ipe.rtin0 Amerxiin¡ the Cc:nfidentia1 0·,1. "'I:".Iasaticn Pi.~ClII"" 9. Resolutim No. 8162: "A Reso1utim of the City Council of the City of QJpertino Amerxiin¡ the Management n '''l.ensation PL"':ILaw." 10. Resolutlm No. 8163: "A Resolutim of the City Council of the City of O,¡pert.im Fstablishin¡ Salaries for PositiCl'lS Not Within a Schadule of Pay Grades." -2- . MINUTæ OF '!HE JUU{ 2, 1990, REC'JIAR CI'IY CXXJNCIL ME:E:'I'DC (œ-793) 11. Resolution No. 8164: "A Resolutim of the City Council of the City of 0:Ipe.rtin0 Amerr:iin;r the Rules m Ccn:titiCl'lS of Ðlplcyment." 12. Resolutlm No. 8165: "A Resolutim of the City Oouncil of the City of 0:Ipe.rtin0 Fixinq the ÐIployer's Ccntributia1 under the Meyers-(".--.. state Ðlployees Medical and Hospital care Act." 13. Resolutim No. 8166: "A Resolutia1 of the City Oouncil of the City of 0:Ipe.rtin0 Inc::reasing Amc:Qrt: Paid Toward Insurance PremiUIIII for Camei h_.~ oers." 14. Resolutim No. 8167: "A Resolutim of the City Council of the City of QJpertino Amerxiin¡ Resolutim Nos. 6901, 5214, 7255, 7540, and 7867, City Att.ozney's o ·'1 .ensatiat. " . 15. Resolutia1 No. 8168: "A Resolutia1 of the City Oouncil of the City of CUpertino Authorizing Executia1 of A,ø............,L for O:Jnt.inJatim of Vallco Park cal Train Shuttle Service 'Ihrough JUne 30, 1991, and Authorizinq Total Payment of $8,855 frail the Envi1:....""""1tal T'np'o'-* F\Jrñ. " 16. Reso1utia1 No. 8169: "A Reso1utia1 of the City Oouncil of the City of QJpertino Set:tinq hearinq to Provide for Lien As8'--...·t18 and COllectim Resultinq FraIl Abatement of Public Nuisances." 17. Resolutim No. 8170: "A Resolutia1 of the City Oouncil of the City of CUpertino Makinq DeteJ:minatiŒ1S and ~ the Annexatia1 of Territory Designated 'Oran:}B Aveme 90-06', ~.....n""'tely .15 Acre IDeated m the Fast Side of 0ran:}B Averue Betwen olive Averue and Alcazar SLLœt: Ihillm (Am 357-19-33). n 18. Acœptance of IIIII'1icipal iDprovements: a) Tract No. 7976, stel1in.J/M=Clellan Road, H. W. and Associates. t 19. Resolutim No. 8171: "A Resolutim of the City Council of the City of CUpertino Allawin;J cm-tain Claims and Deman:ls Payable in t..'1e Amamts and FraIl the PUnds as Hereinafter Described for General and Hi ""('] lanecus Expenditures for the Pericxi Endinq June 15, 1990." -3- e _ No. 8173 (es.8173 .,ted MINLTES OF '!HE JULY 2, 1990, REX>UIAR CITY CXXJNCIL !oIu;nJ'l; (œ-793) 20. Resolutim No. 8172: "A Resoluticn of the City Council of the City of CUpertino Allowinq certain Claims and DeJnanjs Payable in the AIoounts arxl fran the ~ as Hereinafter Described for Salaries and Wages for the Payroll Pariod End.in;J Jtme 22, 1990." 21. Claim for damages filed m behalf of Bryan Fhillips. Reo ..··-ded for rejection. 22. REm::Jved fran the 0::I1sent Calendar. Y2t§ Mo...J e.. of the City Cameil AYES: Goldman, JCrrpel, Sorensen, Szabo, Mayor ~& NJES: None ABSml': None AI!iSTAIN: None l'lDS REHJ\IED !R:M cœsmr CAInIDAR 22. Rssolutia1 No. 8173: "A :Resolutia1 of the City Oouncil of the City of 0Jpertin0 Regardinq Hcldinq of Public Hearinqs by n-oi....iCl'lS and C'aIIIdttees." Counc. Szabo inquired about the 30 day notificatia1 to Council and ~-ud it be 25 days instead. 'lbe City Attarnøy pointed cut a diffe......_ of cpiniCl'lS m st"aff regardin;J 0:Qx:il directia1 and stated that he ~ to maJæ sure that the City Camcil was aware of what the resolutim 10ICUld do and that this was what Oouncil wanted to achieve. Di"""'.....im followed reg¡m:lin;J "'"Epinq the Gene1:cù Plan ame¡duc.IL guidelines in effect ex.:q.oL for the need of City Oouncil pemissim to initiate Gener:al Plan ame¡duc./L hearin;¡s. It was DK:Ned by Come. Go an, ~ by Come. SOLe._ell and P"~~ed ~ly' amend the City of CUpertiIX> General Plan Rsvieli Pro ...111":! originally adcpted August 24, 1984, so that the last paraqra¡ñ states, "If the City Council or P1.annin;J n-oi«sion, as the case may be, authorizes a public hearin;J, .... " It was DK:Ned by Came. Goldman, ~ by Counc. Kqpel and I"'~~ed unanimously to adept Resolutioo No. 8173 amended to delete the General Plan Review Proc<>tiI'?e as a>nended JUly 2, 1990. -4- MINl1I'ES OF '!HE JUU{ 2, 1990, RmJIAR CITY a:xJNCIL MEE:'rI}«; (œ-793) It was DK:MId by Counc. Szabo, seccn:!ed by Came. Goldm!ln and peI'õ'900 UJ1êIlÙJIIasly to amend the 30 day time pericd to 28 days. It was DK:Ned by Counc. Goldm!ln, sea:n:Jtr:1 by Counc. ~ and ¡->a'''¡'oo Ul'1IIlÚ.IIIWSly to ~ Rasolutim No. 8181 as previously amen3ed to 28 days and aIIIBI1dinq the General Plan Review &. ~me so the last pllrca,L...,h states, "If th8 City Cœncil or P1.annin:J r-r-i...im as the case may be, authorizes a ~lic hearing ..." FUBLIC HE:ARIlŒ 23. Request trcIII santa Clara a:..mty Taxi Associatia1 for amerd.-íL to rates, fares and tariffs for the c:pIratim of taxic:abe in 0Jpertin0. (a) RiIIIIolutia1 No. 8175: "A Røøolutia1 of th8 City Council of th8 City of QJpertino ~ Rates, Fax. and Tariffs for the Operatiœ of Ta'Ci.........." aill :;bøvlin, 615 Bird~, San Joee, L_ T I íUnq th8 santa Clara City Taxi" > iatia1, waa av>oillohJ. to II11IIII1111r arrt quest:icxw of Oouncil. It was JIK:IWd tIy Q:unc. Jrrn:>-l, ..........dII.d tIy Q:unc. s....._ I R1 and P---Y':1 ur1IUÚJID.1aly to cloøe th8 public hearinq. It was DK:Ned tIy Q:unc. JI'I'tt'el, .......dII.d tIy Counc. &...._ - and I"'ee'ld Ul'1IIlÚ.IIIWSly to ~l Resolutia1 No. 8175. 24. ~icatim 3-Z-90 an:! ~O - First Baptist 0U:t:h Matta vista - R8zaúng of aw....,n-tely 2.07 acr. trcIII BQ (().IUi Public '!l1ilt'li'1ÇJ) to Rl-7.5 (Sinqle FaIIily Rssid8ntia1 7,500 sq. ft. IIIinbum lot area) or ather such zcn1nq...J A."ificat:ia1 as ..- -- .........."'t'L.1.ata tIy th8 P1.annin:J no-i...i,.., or City Oouncil. Tentativ. 1IIIIp to "1bdividø 2.07 acr. into nine (9) lots in size trœ 7,600 sq. ft. to 10,300 sq. ft. EnvirtnIental Detem.inatiat: '1he Pl.annin; ChIOIIi"'ia1l1e<:__ -m the grantinq of a NeqatiV8 DBclaratia1. '1he )'L"t""Lly' is lcx:ated m the narth side of McClellan R:JIId, 130 ft. west ot Byrne Averue. PA~ . -.-.-. de.1 far approval. (Q:r1tirued trcIII meetinq of J'une 18, 1990.) (a) First nIadinq of Ordinance No. 1530: "An Ordinance of the City c:mrr..i1 of the City of QJpertino Amend.i.zç Sectiat 1 of ordinance No. 2 By Rezaún;J ~u,n""'tely 2.07 Acres fran BQ Za1e to Rl-7.5 Za1e~ Located m the North side of -5- Rea. 8l8l sdopted Taxi rate increase Public hearing closed Res. 8175 adopted App. )-Z-90 and 5-TK-90 MINtJI'ES OF 'ffiE JULY 2, 1990, RmJIAR CITY axJNCIL MEE:l'IN:; (œ-793) McClellan Road, 130 Ft. West of Byrne Avem¡e (~lication 3-Z-90, First Baptist O1urch, M:x1ta vista) ." Director of C'rIm'ITrrity Develq:ment: Cowan answered Council questions . Ken Ramsaville, Bay Area CaIsul taMs, told O:Juncil he WOlld awJ:eciate their approval of this devel'¥Ja:.l.L. Barrie COate, Los Gates, representin;J the First Baptist 01l.1rd1 of M:x1ta vista, arborist, resparled to Council questiCl'lS. He stated that the trees pnsently 00 the prq¡erty are not expensive to maintain. OJrrently, they are receivi1ç' no maintenance. '!be tree a1 Lot No.3, at this time, _u...... dead wcod rE!IIDIIal. '!be trees need saœ surface fertilizing: pruninq is usually for the benefit of the þn."""WJ'Ier, not the tree. What is required oculd be da1e new. '!be point is ..mat shaùd not be da1e, suà1 as averwatering and soil rY'OI'f"'ction. Mr. COate said that trees on Lot 2 oa1ld live another 100 years: these a1 Lot 3 oa1ld live possibly 50 years and the ones on Lot 6 are relative ya1R3Bters and oa1ld live a lcn¡ time. Fertilizi1ç' by an arborist oculd help, DIt is not absolutely neoese."Y. A haœcwner oculd maintain the trees. Oller a period of 5-10 years, haDecwners oculd kill the trees frail averwaterinq and suffocation. Mr. Rcu'IsaVille said that the haœs }'L."...sed are 3,000 sq. ft. plus garage. PortiCl'lS of them are twc-stories. EI!Iå1 f...v4u.1nt is 1500 sq. ft. Square footage includinq the garage is ~.Ji-tely 3600-3700 sq. ft. Mr. T:Im Yuen, 10445 san Fernando AvenJe, made (. ···.-.,Ls a1 the p1.annirç proc:-a. He said the }'L..l'L.....l was deY8loped withaIt ...,t-Qivision rights investigated. As planned, the road has to go thrcu;¡h his prcperty. '!be develcper ignœ:&.l the p1.annirç preference for PC (Planned Devel,¥""",t). '!be process was a war of attritioo at the Plannin:.J C'rImIi ....ia1: Mr. Yuen came back many t:Imes. In re:.Jard to McClellan Rœd é."~", he feels it was not fully investigated. '!be Plannin:.J O:mnission did not take into oc::f'ISideration the condemnation plùC"""" that WOlld be neoe5"":ry. He provided backgrcund behini his bane purchase. His bane WdS selected because it was a quiet location with little traffic. Mr. Yuen stated that this developœnt had an iJ!pact on his property which really resulted in the takin¡ of his prcperty. His lawyer had told him that it was not proper an:l there were other alternatives. He ~.v-'S'9d cxn::ern regardin:] the oak tree on Lot 6 an:l stated a preference -6- t MINUI'ES OF '!HE JULY:1, 1990, RÐ::.UlAR CI'IY ro..'NCIL ~ (œ-793) that the City maintain the trees as that WCA.Ùd be lION reliable than having the hcmeowners do it. He also stated that the setbacks an the develcpnent we...-e a shortccming. He expressed the cpinion that é.'1'V'<>e" iran lok:Clellan Road WCA.Ùd be better and that other recent devel'¥.....1ts had been ~ with aooess on lok:Clellan Road. He expressed oancem regardinq the blim curves. Mr. Y'Uen said the eminent "¡"""i" shalld be for the greatest public good with the least private ~. '!here shalld also be proof that the t.aJd.n; of land is ~E'ary for the project arx:l it be for public use. I<'ermeth Rlillips, 10410 san Fernarx:lo Avenue, said that at the last 1IÚmlte, the Planni.."XJ C'hnni ....im decided to force the developer to i.nprcve san F'eman:3o. 'Ihis is a narrow street. He reo ····-'xhl ¡:uttin:J in sidewalks an san Fernan::Jo with a red Za1e m the oo......r of the curve arx:l the road be brtught up to cw.L~..L City standards for new roads. Rylan I1JJœ, 10434 san Fernarx:lo AveruJe, expressed OOh....m regardin:J traffic and the taking of land. He requested that the trees be presezved and there be an extensim of san Fernan::Jo access. He said there was no teeth in the pl\.t<sed tree pr :servaticn oc:n:titiœs. In regard to the tree m Lot 3, he said the az:I:x:1rist' s original l~ L said that it badly --,:W water arx:l fertilizinq; the dn.1rt:h was not interested. He ~"1:ed that the L< H be "--:'led to the City as historic L< ,. and that Lots 3, 4, 5, arx:l 6 share a driveway arx:l Lots 2, 7, arx:l 8 share a driveway. He pointed oot that 1990 has been ","","1 "'t'ed Year of the Oak by the state leq1s1ature and reviewed the estimated values of the ex:i.st:i.n;J b: : as. He ~ted that there be no oo...:1t...l4tim of property arx:l that there be clearer marJdnq on the shazp tum. He urged Oouncil to CCI'ISider all facts and not be swayed by last IIÚmlte "'W"'" 1 s. R1yllis Y'Uen, 10445 san Fernarx:lo Avenue, said that alt1nJgh fairness, equity and ethics are less tan;Jible, they are just as iDportant as other ;_~ being ñi",<,,'''''ed. She said that the dn.1rt:h sold her and h2r husband the land and new they want it back. 'I11e flyer advertising their heme IoIhen they purchased it said it was on a cul-de-sac with a private settinq. '!hey were not told that the pr'TQeed devel'¥""".t WCA.Ùd use their property. Mrs. Y'Uen said that she and her husband were not officially notified of the first public hearing at the Plarming O:mIú.e"io:m. '!be mailing list used was incorrect. A letter was sent to Bob l.eon;J of Saratoga Inve'3tment CaIpany and not forwarded to them althcu;Jh Mr. l.eon;J knew that they owned the property. She asked if her rights didn't mean as I1U.lch as the church's. -ì- . MINtJI'ES OF '!HE JULY 2, 1990, RmJI1\R CITY <nJNCIL MEETIN:; (œ-793) ROOert I.ecn'J, 20329 P1nntage Parkway, said that 104len he bou;¡ht the p:t'q)Ørty frc:m the dn1rch, be did not !crIa.I what the future of the c:hurd1 was. An agent sold the p:t'q)Ørty and he perscI1ally had little 0CI1tact: with the YUens. In regard to the notificatim, Mr. I.ecn'J said that his partner had said he had talked to them. At the Plaminq C"nTmIi ...<ian, the hearing had been adversarial and there was no rocm for talk. Warren M1aley, Bay Area Consultants, was available for questicms frail Council and stated that the churc:.h has 00 peak ha.1r traffic so shoold not aà:1 to an:rt:!lll ootqestim. Clayton staIœs, of the Ma1ta vista Bible 0nIrc:h, was available for questions frail Cameil. . Gayle Bate, 10422 san Fernando, said that the two lots at the end were originally part of the d1urch i'L...........ty 1oIh1d1 the d1urch sold. '!he hcmeowners have attended Planni.r¥1 ChrIniRElim and City Council and remain firm regardinq keeping the integrity of the neighbOJ:~. 'lWo hOliSM have already been c1a1e and now the church is askin;J for more. Mr. COate addressed the measurement of the l1. Hf. Diameters are """'''''.Ired at the 4-1/2 foot level. '!here are not 60 :in:h diameter t.1: ~ TT m or near the i'L'+""Lty. He showed pictures of trees and stated that they woold be better off with the pavinq remcved. He pointed. out a si:ub-cut tree. ublic hearing It was DK:Ned by Counc. Goldman, seccn:1ed by Counc. Kqpel closed and I"'''''ed 1.JMlÚJID.1s1y to close the p.lblic hearinq. Council ~.....d that all possible steps IIIJSt be taken to protect the LL --. '!he City Att.ozney said that a p.lblic ..L<oodt is p.lblic use. If Council determines that McClellan Rœd is less safe, they woold be allowed to use c:x:n:Jemnatim. In regard to oonseJ:Vatim ....-......ILs, Mr. Kilian said there are three cc:noen1S regardinq the tl. s S': 1) HeM to cxn:iitim the ðWLvva.l to require taJdn;J care of the t... -- during oot...L<ùCtim. 2) A oandition to keep negative influences ëMay. 3) Hew to enforce affirmative duties m p:t'q)Ørty owners . . Mr. 0:7.Ian su::JgeSted the City require an annual report frail an arborist to be paid for by the prqJerty owner. -8- . MINtJI'ES OF 'lEE JUU{ 2, 1990 I REX;UlAR CITi' roJNCIL MEE:I'ING (œ-793) Cancern was ~_oed by Cameil reqardinq lazge N:aæM m small lets. Follc:JWin] further tii"""'R$im regarding reduction of size of the haœs on Lots 6 and 7 to which HI'. Roonsaville éi9L.....1 (no larger than 2500 sq. ft. each plus the garage) and tii"""""o;;ion of certain other o::niitiCl'lS, it was JlX:\fed by Counc. Szabo and sec::xn1ed by Counc. Koppel to aR>rOlfEl the applicatim per Planninq rnnmi ....im Resolutim No. 4272 with the follcwirg IOOdificatians: 1. ::i.L1<U:.'.1' WIDENIR:; . '!be applicant will c:cIIplete street iDprcvements (wideninq) m San F'ernaIù:I Avenue at the BlacIcbE\rry Farm entrance to the satisfaction of the City ED]1neer. '!be Director of Public WorJœ shall detemine whether there is adequate width for pedestrians and vehicles and, if r--~ary, widen the ..L<~ at the turn to Blackbery Farm. (Falrth paragl.~. aJllØude..I.) 17. ~l:t<ICI'Ictr ctr SIDPE DIS'IURB1INCE '!be property owner shall reocnd a deed re..L<ictim m Parcels 5, 6, 7 and 8 which shall preclude modificatim of the existinq land 0CI1ta1rs and destructim of vegetatia1, and 10trlch shall pràÚbit gradinq activity for any p.¡zpose dawnslq¡e of the 359' elevatim line. '!be deed restrictim shall expressly pràÚbit d1mping of excavated soils frail other areas in the ~1I:xtivision m the creek bank m the \leSt side of IDt: 1. 20. 'IREE ~l:l<\I'ATIctr D) ~ PRAC'l'Tt'"F..<: 4) Reao,i TRi decIdn:r: þ a) At the precise deve1,¥""",L plan stage, cIec::Id.1xJ DUSt be outlined an the plans within the consezvatim ---... .L prot:.ec:tirr;J the tJ: - - . '!his c1ec:1dn:J shall be a IIÚ.niJII.DD of 10 ft. - 15 ft. frail each of the protected tree trunJa¡ and DUSt extend at least to the em of the tree c:anq>ies. '!be exact cmnmt of space bet\¡ee¡. the trunk and the c1ec:1dn:J shall be detennined by staff and a certified artxdst and cannot be less than 1/3 of the total tree CëI1'1CF.z' area. E) ~1:t<ICI'I00 00 'IREE REM:!VAL '!be subject cx:ntition is interx:led to ensure the greatest chance for 1~ teJ:1n survival of the specimen trees identified for retention. HowevP.r, -9- e . App. l2-U-88 appeal . MINUTES OF 'IRE JUU{ 2, 1990, RmJIAR CITY CXXJNCIL MŒl'DC (œ-793) in the event that any such L. ,Ii IIIJSt be r8IIIOY8d due to irreversible di--~_ or hazardws ccn:li t.i.c:I1s, as dete1:mined. by the C'nrmII "'1i ty D8Y8l______rt.. Director in OCIlSUltatiat with a certified arl:Jorist, said tree I1!IIICIYal permit shall be i.....~ with the explicit ccn:litia1 that use of the "11_ beneath the canq¡y of said tree shall be restricted in the same mamer as if the specimen tree _ still pl.~s ,.L. '!he intent of this provisia1 is to nm:JYe any imentive to intentimally hazm or weaken the tree suål that its I1!IIICIYal tIOUld allOll for use of the underlyinq land for activities, such as install&tia1 of pools or watm:-intensive lam~tn:J, Tod1ich tIOUld otherwise be precluded. A l:xn1 of $10,000 shall be requinId for ead1 of the four oaks an:! a spruce tree d1.1rinq CXI1StnIc:tia1. 24. Lots 6 and 7 shall contain residences no larger than 2,500 sq. ft. each, plus the garage. 'Ihe 1IIJtim was adcptsd with Came. s......... nn and Counc. l"..nl"""'tt dissentinq. It _ maved by Counc. ICqpel, secx:rùId by Counc. s................, and p"eged Ul1IInDcusly to c:x:ntirua Item No. 26 to an adjc:mned meetinq m JUly 3, and authcrize the treasurer to pay bills based upcIl t!1e old h~. It _ DK:Ned by Counc. JI'q:pel, seo....:Jo:d by Counc. s........ nn and l""eesd Ul1IInDcusly to also cx:nsider Itaas 31 throogh the em of the _.da to JUly 3 followinq the hearinq of Item No. 26. 'Ihe JUly 3 meet:in:J will start at 6:45 p.m. RÐ~<;;: 10:10-10:20 P.M. 25. ~1 of Planninq rmoni....i.on a¡:prcval - ~licatia1 No. 12-U-88, pizzeria uno (Arthur Gunther), 19930 stevens Creek Boulevard. Alt-l filed by Victor J. Dervin. victor Dervin told Oouncil that, as related to traffic, there were clistinct parts; the outdoor area was not included in traffic oamts and it was InoI enclosed and the parJdn;J lot is not big erx:u.Jh. Cars enter frt:m stevens Creek BcW.evard, go to the back of the lot, fin:!. it is full, car exits, enters the space in back of the furniture -10- MrntJl'ES OF '!HE JUU{ 2, 1990, RÐ:;UIAR CITY cx:xJNCIL MEE:I'DC (œ-793) store. '!he art:door seatiIg area was meant for limited use. Mr. Dervin'!> ëlf{"""'1 was based on the traffic intensity performance s1:arrlard. Jim JacIœa1, representin;¡' Arthur Gunther, said that this is net urœr the trip end restrictim. A restaurant had bean there befOl:e that guideline was in effect. '!he Pl.annin;J /"rInmi....im and city Cameil policy erxxmages a1tdoor di.nir¥;1. Originally, there were 190 seats :imoors and that amamt remains the same. Exhibit A of the applicatim shows a certain amamt of irdoor seating and a certain amamt aItdoors. '!here has been no chan;Je in the canvas top (awJ'lin;:). '!he chan;Je is that winda..Is can be lowered when the weather requires. '!he awellant has made a mi .........mptim believing that this is the first IID\Ie for more permanent irooor seating. Mr. Ccwan said the pt'q)erty is umer the trip end naL<ictia1 and if council feels that the modificatim _Ir.es the seating :imoors, the trip end CŒ1Straint applies. Arthur Gunther said he did net realize he ---..o.... a buildinq pemit for the modificatim. He has tried to keep the same exterior rlA.. ... and the trellis has been retained and will be pIt back for the same~. He reviewed the history of the original applicatim. It was DK:Ned by Counc. Fq;:pel, secxn:1ed by Counc. Sorensen and p"e-eci \.InIInimaJSly to close the p.lblic hearinq. It was IIICN8d by Counc. Szabo, secxn:1ed by Counc. Kf'tt:>el and p"--9d unanimcusly to deny the '''It'""''1.. 26. Hearin;J to adept Fiscal Year 199<>-91 operating h~, establish app1:~1atim limit and ..........we the grært:.inq of a negative n.:.r-1<!intim for the Five-Year capital ~~&L P.L~CIW. (a) Resolution No. 8176: "A Resoluticn of the City Council of the City of O,¡pert.im Establishin¡ an At.¥L,,¥.ciation Limit for Fiscal Year 1990-91." (b) Resolution No. 8177: "A Resolution of the City Council of the City of O,¡pert.im Adc.ptinq an ~ting and COnstruction aD;Jet for Fiscal Year 199<>-91 by Ratifyinq Estimates of Revenues to be Received in Each F\md ani ~'-¥Liatin:J Marles '!herefran for Specified PL'-";Law Activities ani Aa:x:unt:s and settinq Forth Ca'xiitiCl'lS of 1Id:ninistering said B.D:Jet." (Previoosly 0CI'Itinued to J\ù.y 3, 6:45 p.m.) -11- Public hearing closed FY 1990-9l Budget e App. 3-U-90, Crouton's . Jo11yman Park mas ter p 1an . MINl1I'ES OF 'IF.E JULY 2, 1990, REX;UIAR CITY CXXJNCIL MŒl'DC (œ-793) ~ APPLICATIOOS 27. Na1e. ARCHI'IæIURAL MID SITE APPR)IlAL CXHIITI'EE APPLICATIœs 28. ~lication AS1IC 3~0 - CroutaI's IncolpcJLc1t.ed - Rsquest for awraval of a precise ~l'ing plan and buil~ colors for a previoosly ~ restaurant. Located at 10100 scuth DeAnza Boulevard, sa.ttheast <.An.lae.r of scuth DeAnza Eaàevard and cali AveßJ8. Rt,(. ....""'1ded for awraval. Jamis Mac:Niven, 22400 Skyline, Ia Hcn:2, l,¥- ,S dLln::J croota1's, said that the buildinq as it exists looked very bland tot1en the use of beige was tried. 'n1ere are other palm L< - in 0Jf8rtin0 and the valley and Mr. Mac:Niven ""'tAI--"ed the opinim that the palm trees .f:'L"1...:sed for Cralt:a\'s woùd be in Jœepinq with the area. '!he.f:'L' 'Y ~l .f:'L nroed uses a III.1d1 lighter pink than the previous .f:'L' ~1. Use of other b. -- was explored, however, they did not fit. It was DK:Ned by Counc. Szabo and secc:I'ded by Came. Kqpel to COWLUIfe the aßÙicatim per AS1IC Resolutim No. 1551. Di..""....im followed regardinq the color and the use of palm L< -. '!here was particular ..............11 that it not be a bright pink. Also, ,.H~easure was ~-- that the .f:'L' 'I:<'Ø"I1 still ocnt:ained the use of palm U '!he moti.a1 p"e-...., with Counc. r.ð1.-" and Came. Sol~_9I'1 l'1i-~ uUng. UNFINISHED IIJSINESS 29. Na1e. ~ IIJSINESS 30. Review and approval of revised master plan for Jollyman Park renovation. Director of Parks and Recreatim Dtwling reviewed bac:lcgrOJnd of the Jollyman Park renovation wi th Cameil aM the plan that was awraved previously. He stated there is a need for a c::han3e in the design of the parkin] lot and entrance. He presented a modified master plan wen :iJx::1uded the ent:rance beinq m::JVed in a northerly directim. Q:rn!rns of the residents in the area included the traffic on Stelling !aid and the need aM locatim of the rœtrocm and a Cctlœ$Sim buildinq. -12- MINUl'ES OF '!HE JUU{ 2, 1990, RI:X;UlAR CITY CXXJNCIL MEE'l'IN3 (CC-793) James Gallivan, 7618 Eldenlocd CCUrt, said Jollyman shoold be II'Ore of a neighborhcxxi park and not a sports c::œplex. '!be cost to the City for the..... ",.osal is $1.1 milUm; there will be a $10,000 a month maintenance. He expresEïed a prà:¡lem'¿th that am the feelinq that the lIIŒIey ~d be ~ to better use in the classroan. He said the locatim of the restroc.IIVsnack shack is bad. He reo .,.._,.ded that the two :restroaDs being PL' 'l<eed be oanbined into one. He .....".. _e-' the q¡inion that the cost estimated is prå1i.bitive and su;¡gested that loam am seed be used to even art: the field and that Jollyman be Jœpt as a neighboJ:hood park. Mr. Dtwling said that no new fields are being NŸ1.ø<i. Ross Mc:O.ù.loch, 7459 De Ia Farge Drive, said he didn't Iax:Jw if the snack shack and :restroaDs were a bad idea. '!be Little League - i.. the revemI8 frail the snack shack. He su"".,.."""tecl that the re..LL"""",/sœck shack be more """'1L<ally lOC'lted. It is a small park. He BU:J:p:o"""tecl that b.1ildinq not be closed during the year but be left cpm with SCIIIIEIthing centrally located fO'C' both fields. Sherri stPin, 7~5 I)"""", a nutritiaú.st, said she does not want a n ,":%I"'D at its .....~ loc:atim. She also spoke aqainst a ønack shop. She said the yart:h sports groops are there to provide exercise and net junk food. She asJœd ClJe&tiCl'lS regardin] bleachers and their heights and was ~.... n_i there ~d be three tier alumiraml bleachers. She said that there are already vagxants in the area and she wanted good surveillance. She ~ eed .:x».c...m regardin] litter, mged for patrollinq of lip:: ~1"'J am "fP'!""J ed to Oouncil to make the park a safe place. Maureen Peon, 7573 I)""".. Drive, said that she shared Sherri 's CXI'ICE!mS am asked 1oi1at to do if there were a prowler. She was told she shcW.d call 911. Ms. Peon said the residents are m permanent guard duty. She~ there be no snack shack, l::ut that Little League have fI.Indraisers during the year. R. L. carlsat, 7562 no""".. Drive, spaIæ in ~t. of organized sports and mged the City to provide 1oi1at they need, but not at this small park. He stated that the ..... 'to' .....1 cost too III.ICh lIIŒIey for three m::nths of the Little League S--<OIY\. Also, aesthetics is a prà:¡lem. Mr. carlsen stated that the secœd restroc:m is not m-~.ø<i. -13- MINUI'ES OF '!HE JUU{ 2, 1990, REX:;UIAR CI'IY CXXJNCIL MEE:l'I1r. (CX::--' 9 J ) Mark ~, 10715 Orline CoJrt, of the 0Jpertin0 Natia1al Little League ani also a referee for A'iOO, said the field is beirq used currently and is not beinq maintained. He said the park's ''Palm trees" is the restroaD,Isnac:k shack. Little League requires storage roan for III!Ú.lTtenIInC equipnent and m-~" the snack shack. '!be oallOBssim starñ will make DDre than O,¡pert.im Little League is IIIIIkin:¡ new sellinq thin;Is off a cazà table. '!be Little League charter allows a1ly me furDraiser a year. '!his wculd not allow for the raising of enoogh m::re¡ . Jollymlll1 was a108 an i:qIraved field¡ he wculd like it to return to that. t1pc:n beinq asIœd about the possibility of oad:¡ininq the l....LL........ and cuzve of the 1)"""" Drive bourmry, Mr. ~ said that wculd be all right; however, ball players wculd &till go to neighbol11ood 001SeB to use the facilities. Teny Hoffman, 11525 Up1an:i way, CUpertino Natia1al Little League, said he has been involved in QJpertino sports two years and 5unnyva1e sports seven years. 0Jpertin0 is the a1ly sectia1 of the Natia1a1 Little League that has no field facilities at parks and no snack shac1œ. '!be participants ani fans wculd be DDre likely to buy thin;¡s if the snack shack is close to their locatim. Jo Celio, 1047 COlcny Hills Lane, said Jollyman has always been a pane for kids to play ball. She did net beliEMI the family area r....L......... shcu1d be OCIIbined with ball game t_L..u:u. separate areas shculd be available for separate age graJpS. Jack waters, 7547 De Ia Farge Drive, said he did net want the L..-L......... and snack bar right across f1:aD his hoJse. He .......... egd sJœpticism aba1t litter CuL..ul ani Bl¥JO'D""ted a1ly me n...LL....... or oad:¡ined restroaDS in the center of the park. Patsy I1.Iniewski, 7624 De Foe Drive, asked ocunc:il net to pIt the I.....LL....... in the comer as planned as it i'T"'~ raore pecple. She Sl..N=""ted perhaps just me restrcx:m ani then the other blilclin:J beinq just a snack shop. Co.Incil t'liRn'~~ oad:¡ininq the restroaDS ani the locatim of the blilclin:J. '!hey æ:..r-""<.'I the need for good visibility for safety's saJœ and poor visibility for the neighbors. It was II¥:Mi!d by Came. ~l, SE!CXJnjed by Counc. GoJdman and pa<:'!*'d 4-1 with Mayor Rcgers dissentin;, to a¡:prave the i'L' 'iJOSØd Dr:XÜficatim E!)O "'i'l that the oad:¡ined t.....LLv..ao/'snack shack blilclin:J shall be relocated slightly -14- HINUl'J!S OF '!HE JUU{ 2, 1990, REX;UI.AR CI'IY caJNCIL ~ (~793) to the east of the QJZV8 in the parlt alcn;r the ~ of the QJZV8 to I)_a Drive æm.y trca the }'L~ty line J::ut still visiN. to public safety arxl other vehic1_ drivinq by (See Exhibit A). '!he seoad I_t......... shall be eli.Ja.inated. Mayer Rcgers ""'1-" -......, prefbL.....c.. for the two reøb:~. Oouncil WIllI int... ...AlI that the -vii ~1.cati.œ shculd be started around the end of 81---. '!he l~ port.icn will be ~ II. 'Ibe Little Iægue WIllI urged to poliœ the grcunda. In regant to a basJætball ccurt, Mr. Ccwlinq replied that will be evaluated and oculd be an alt&mate plan in the bid p--.".. By...o& In_, Oouncil ~.-1. At. 12:30 a..., ocuncil adjourned to 6:45 p..., 'l'- '1>oy, JUly 3. -15- , all \. L..J LJ .J rei \, - ' D:~ ~~ . ì ~~ L 1 ' I _L £CII: , " ~ . , -< ' D~~J n ... i' ~ 1:1. þ: : ... . oC . 'ill :J.Z~ ~II d-~ 7- <e '. r-¡ e~~;Î i ~ 1 þo .. , 0( >0 ..~ 0:-' c) 5"J5~ ûI --: ... ~~ ¡"J i ~o I I ~., I - '1 ;. , ~8 r . -'. [~ u~ 0 I 0 , , è , . r-~ ---- ., - ,~ "', /1 . J , , \ / I \ ... I I I, - I ): / :!I I- / ! 1 I/--! .: I I } , I __ u___. ft I . '1 I , I .. I \ I -1 .~ 1 ~ __.C. ,--- J ) / , /--- , , . .- l_-- \1,(1 "..: I ..... ~ \hrf ! 'f£X1rB . ì g 11 .. \. ~. _a T A Af: 3c ~ (T1'Il OF ~, ~ OP CM!PCRID. 10300 'lUKl<l:; AVÐ«JE, CUPERTIN::>, CA 95014 TEIEPfI:IŒ: (408) 252-4505 MD«J1!S OF '!HE ADJOURNED REGJIAR ='.uG OF 'DiE CI'lY exu«:IL HErD (If JULY 2, 1990, CXU«:IL awmER, CITY HALL, 10300 'lUKl<l:; AVÐ«JE, aJPERl'I1«), CAI..IR:RIIA ro-792D CArL 'ro æIER '!he meeting was called t:> order by Mayor Ib;pBrs at 6: 05 p.m. Came. PL HIlt: Goldman, Kqpel, Sorensen, Szabo, Mayor Rogers staff PrSsellt: City Manager Brown City ClerK COrnelius œAL CXJHJNICATIœs - Na1e. Mayor Rega.. amcunoed that Oouncil waùd new adjourn to a Closed Sessia1 for labor negctiatiaw with the City Manager . At 6:25 p.m., Oouncil l"eC:DM!ned in Oouncil ~r. Counc. PreS_It:.: Goldman, SOleLBn, Mayor Rogel.. staff Pres !'lit: City Manager Brown City Clerk COrnelius City Attorney Kilian It was DK:Ned by Ccunc. s........ m, 1IeCQo.:Jo:d by Counc. 1'"....1-" and l"'ee«l unanimcus1y (3-0) to ............". a 5\ saluy ID::rease for the City Manager and padcage as per other euployees. At 6:27 p.m., the meeting was adjoorned. ~~.~ City ClerK CI'IY OF C1JPERI'INO, STATE OF CALIFC:IRNIA 10300 'lut<t<l:; AVENUE, a.'t'U<.l'.uI), CA 95014 TELEPHONE: (408) 252-4505 œ-793A MINUl'ES OF THE ADJaJRNID REX>UIAR CITY C'aH:IL ME:EI'DC HElD œ JULY 3, 1990, CXXJNC:IL OÐ\MBER, CI'lY HALL, 10300 'lU<tQ; AVENUE, ~, CAI.IFC:RŒA SAI.l1I'E 'ro '!HE FIÞ.G '!be meeting was called to order by Mayor ~.. at 6:50 p.m. mIL CAlL Counc. !"res Hit: Goldman, Kqpel, SOrensen, Szabo, Mayor ~ sta-Ff PreS<'lIt.: City Manager Brown City Clerk COrnelius Director of Public ~k.o Viskavic:h Director of Chml1'dty Devel,¥""",L Cowan Director of Finan:Je snyder Assistant to the City Manager Brown Director of Parks and Rsc:reatia1 Ccwlinq City Attorney Kilian ORAL CXJHJNICATIœs - Na1e RJBLJ:C HFARI1Q; 26. HearinJ to adept Fisc:a1 Year 1990-91 ~ hrigPt, establish ..........'-¥Llatim limit and ~u>18 the g:rant:inq of a Negative """""'ratim for the Fi~Year capital Inprcveœnt p¿.~GIII. (a) Resolutim No. 8176: "A RIIIsolutia1 of the City a:u.cil of the City of QJpertino Establiahinq 1m ~'-¥Liatim Limit for Fiscal Year 199D-91." Director of Finan:Je snyder reviewed his l"'t-'JL L with Cameil. It was IIrNed by Counc. Kqpel, seoalded by Counc. Sorensen and I""""«t UJ1êIlÙJIIasly to close the public hearing in regard to establishin¡ an ðwL'-¥Liatim limit. -1- FY 1990-9l Budget Public hear ing closed . Rl's. 8176 ;¡dopted . Public hearing closed Res. 8177 adopted I. I MINUl'ES OF '!HE JUU{ 3, 1990, AflJCXJRNE) ~ CITY CIXJNCIL MEE:l'nC (œ-793A) It was JIX:IIIed Ì7j cnmc. ~, seoo..:Jo:d by cnJnc. Sorensen am pa",ged ~ly to adcpt Resoluticrl No. 8176. (b) Resolutim No. 8177: "A Resolutim of the City Council of the City of 0Jpert.in0 At:Iqrt:inq an Operatinq and O:r'Istructim 9.Ià]et for Fiscal Year 1990-91 by RAtifying Estimates of Revenues to be Received in Each F\m1 and Awr-vydatinq M:xU.es 'n1erefrcm for Specified PL'-";Law Activities and Þ.coa.Ints and 5ettinq Forth Ccn:titiCl'lS of Administering said 9.J:!get." Director of Finance Snyder reviewed his L"¥JL t with CouncU. '!be city Manager addressed Cameil ~ the request of QJpertino Library and stated that after review of the request, he did not feel it was a wise deletim. He recJ' ....-. ~ that their request for an increase be included in +.:he 1990-91 h~. Gerald M.1lvey, Vice C1ai.Ipersa¡ of the Library t"nnmi_im, told Council that the requested fundinq is required to maintain the CULL....L level of sezvios. sunday is the busiest day of the week at the l.ibraIy and in view of the usage, he \mjed that the rec> ·..·--'ñd increase in funds be granted. Volunteers are used significantly in vazyinq "'~ities Wen the library is open. MaJ:y Ann Wltll_, QJpertino Librarian, can provide statistics. MaJ:y Ann Wallace told Cameil that the library does use volunteers, !Jut they cannot be used to taJœ the place of trained staff. 'Ihey are used to supplement that staff. It was DK:Ned by Came. Kqpel, seoa.:Jo:d by Counc. Sorensen and I"'-sd UJ1êIlÙJIIasly to close the public hearinq rega.rc:Ung the qJeratinq and oct1St:ruc:tim Þ"7t for the next fis<-al year. It was DK:Ned by Came. Ifqpal and BeCa1ded by Counc. Sorensen to adqñ: Resolutim No. 8177 ameJdeù to include an additiCl1al $9400 for the QJpertino Library. Director of Finance Snyder sul:Initted a PL' ~ amen:1ment to Sectim 3.1 statinq, '''!he City Cameil's intent is that -2- MINUl'ES OF '!HE JULY 3, 1990, AOJa...'RNED REX:;UL1\R CITY axJNCIL MEEI'IlC (CX::-793A) cpm1tirY;1 expeIlBBI!! frc.m each separate fun:l will not .... .......1 operatirq resaJrCU for the 199C>-Gl J:u::k:Jet. '1'0 that end, the City Manager is directed to achieve that balance t:h.rcugh the operatia1al savin:Js or revenues that ~ estimates . To the extent that reverues ~ expen:iitures, the City Manager is authorized to carry that ___e aver into departmental ocntingencies for the subsequent fiscal year." Came. Kq:pEol acoept.ed the ammrlment as did Counc. Sorensen. upan being asJœd questiCl'lS regardinq the $8~0, 000 increase in the Capital ~uv_jL PL"':ILC'.JIl, Mr. Snyder stated that sum reflected $500,000 for the CUpertino Sports center and $350,000 for Jollyman ParK. Followin:J questi.cns regardinq the definitim of "fast t.rackint' , Mr. VisJa:wich defined the fomal bid J;AL' 0('-- and "fast 1:rëIckint' \ihiÒ1 Oa1Sists of infODlllÜ. bids, sÚll1lt:anecu<3 warJc, and solvinq prct¡lems as they are \.IlX'XM!l'ed. He explained the differenoe betweeI, the tnnM1 and inf~l bid ;AL''L~e. He stated that he oculd provide the infomatim regarding the J;AL' <-".... in writirq. Came. Goldman directed that each task and activity have full SCNtiny. City Att.ozney Kilian -q?1Ained that in -~ICY situatiCl'lS when the formal bid ;AL"~ _e camat be dcne, the City Manager can a¡:praYe inf~ 1 bids. Fœ:mal bids JØJSt 0CI!Ie to city Oouncil. If a job is estimated to be CII8r $50,000, the fODlllÜ. bid ;AL' <:--- is iDplemented if it is net an emergerx::y repair. Came. Goldman ""'to'L~....ed omœm regardinq the definitim of "fast 1:rëIckint' and the possibility of violatinq City ordinances. He asJœd hew the soope of warJc was determined under the "fast track" method and deteminatim of the specific soope of work. Mr. viskDvich said there is an aHJOinq list develqJed durinq the 1o'Ork. City Manager Brown said that soumed as if the cost of roof repairs at the center was the a1ly possible candidate for beinq aver $50,000. If the estimate for the roof is aver the amamt allowed and the need for repairs is net an h,,,,,,'w"H"te E!IIIeZgenCy, the regular pIOC-b,'1"8 will be followed. -3- MINtJI'ES OF '!HE JUU{ 3, 1990, ADJ<X1RNED REX;UL1\R CITY axJNCIL ~ (œ-793A) Came. Goldman then asked the sequence of t.enant iIIprovements, Le., carpet, wallpaper, etc. Will the iDprcvements be dale and then potential vendors be shawn the site or will the 1oIOrk be dale to the vendout' d1oice? Mr. Viskavid1 replied that at this time, it is planned that the ilIprcvements will be dale and then the facility will be shawn to potential V8hi...... '!he 1_ should be a higher IIIIDD'1t ........"".... the roildinJ will be in an iDprcved state. 'Ihe City will provide the basic t:hfIIIe and colors. '!he venjor oculd then pay to do any ~ extras. '!here was JDOre di .....1SSim regardinq the interim use of the facility and the City's inv.....t......,L in it. Counc. l"~'-r¡ ~ .......... the opWm that the..... ,,:sBd $100,000 for appearance iJIpravements wuld be better set aside :md used as vendors 1_ the pt'q)8rt:y and tell us their - ~"'. He urged Council to recousider expenditure of these fI.1n1s until a solid venjor is in p"'~. Mr. Ccwling stated that the RFP 14-ùC"""e is clearly haDp!red by the ccn:titia1 of the roildinJ. Mr. Brown said that he asø>mWI the i!IIDIInities will be the last things dale. staff oculd ask vl!!nJol.. ~t is best for them and oaœ back with r""-:' ····-'1datiCl'lS. Mr. Viskavic:h said the roof, kitchen «;I"ipl-·.L and other basic r----ities oculd be ~eted, b1t no de....u.ative features dale. HcwBYer, the City wuld then have a roildinq that wuld not be OCI'ISistent. He asked Council for direc:tim. Counc. Goldman said he was not askinq Mr. Viskavid1 to slew down, b1t did ask who was selectinq the carpet and other amenities. Doesn't that oaœ to Oouncil? He ~-œd there be &allples for tenants to c:booea fran. Came. Goldman stated that he wuld like to ëIIIII!!Iñ the m:7tion to include a delay of tenant inpravements until Cameil receives infomatim fran the RFPs. Came. Kq:pel stated that she believes she will not d1arJ3e direction and there is a m:7tim and secxni m the floor. Mr. Viskavid1 told Council that the plan is to use the same color theme as the rY'OIWIIInùty center and City Hall. It will oaœ to Council first. Mr. Viskavid1 is not defendinq any partio.üar ..... ,:-eee, b1t does want Cameil directim. -4- MJMJTES OF '!HE JULY 3, 1990, ADJCURNED F.EaJI.AR CI'IY CXXJNCIL MEE:1'1N:; (œ-793A) 'I11e City Attorney stated that in 1989, the california Public Ccntracts Code was revised and those usin:1 the uniform J\cxnmting system (City of a¡pertino uses this system) ooold use the infomal bid procl'ee for projects up to $75,000. It does require an ameniment to the City's current ordinance. staff was directed to return to Cameil with such an ordinance. 'I11e Director of Public ~k.o will lc¡.1ULL to Cameil with the list of 1Dprovements and their costs as they "'ÇIC'I1IIII11ate. Folla.rinq Cameil request for a definitim of "tenant ÍlIpraVements" as . H< nd to code bpravement.s and the desire for uniform carpetinq t:hrc:u:;¡bwt the buildinq, Mr. Viskcviå1 stated that tenant iJJpravements are ocnsi.dered cazpet and paint. 'Jbe plan is for a bluish-gray carpet and white walls. '!here was no seocnd to Counc. Goldman's _""-,L. Came. Goldman then st.,...--œct an illlllln:b-IL to the IIIOtiat to define tenant ÍlIpraVements as cazpet c.rñ paint. Counc. ~1 and Counc. Sorensen aoc"'!·led the 8merll:h..e,,,L and the matim as ameroect ws adq:Ited UJ1êIlÙJIIasly. Mayor Rcgm:s ~-ted that Camcil ocnsider a t1oIo-year ~ in 1991. Counc. Sorensen suggested a Citizen Review Cœ!mittee for the ""7': next year. Ann An;Jer stated she was glad to hear that the library is qettinq their ~ furœ. She asJr-' quøstiaw reqarcli.rq the furñ åIar¥Je for 7'~ clean-up and ~ furñ the ..L<.-t .H~ing would be oaainq t%œI. She_ infn~ there was nc å1aBJe in those two it:&IB and they wtW,d reœin as they are i'L Sl.,Uy. ~ HJSINESS 31. Request fran the City of ItJs Altos for a resolutia1 of no åJjection to the PL' ~ reorqanizatim of ~tely .26 acres t%œI CUpertino ØP1ere of influence; prq:¡erty located m st. Jœ!ph Ave:ue, just south of current ItJs Altos City limits, "st. JOBeP1 Avenue 90-1". -5- Los Altos 'St. Joseph 90-01' e . Wilson Park/ Fremont Older site plans . Mn1lJl'ES OF '!HE JULY 3, 1990, ADJCURNED 1<mJL\R CIT'i CXXJNCIL MEEl'ING (œ-793A) Al tel:natives: (aj Resolutim No. 8178: "A Resolutim or C:nalrrerx:e by the City Council of the City of 0:Ipe.rtin0 Rega..rt:lin:J the PL· p::osecl Rearganizatim of Uninhabited Territory Known as 'st. Jose¡:h Aveme 90-1' by the City of IDs Altos." (b) Resolutim No. 8179: "A Resolutim of the City Council of the City of CUpertiIX> Set:t.inq Date for Calsideratim of ArInexin;J Area Designated 'st. Joseph Averuæ 90-1' by the City of IDs Altos, Property I.cx:ated m st. Jose¡:h AV8rI.Ie Scuth of Ouu,.1t IDs Altos City Limits." (c) No 0Ian:Je. Mr. Cowan rev~ the request received tzaa the City of Lœ Altos for a c::han;Je in the spv.re of infl\BDt. I3cb SI·..··....· .., repreøentinq the Bishcp of San Jœe, said the prr::perty in cpISticn did belCl1q to the tbm::ñ and the feeling is that this is a ploy of IDs Altos to clœe ~ft to the SE!IIIinary. 'Ihe àuJrc:h is against a àmnge in the sphere of influence. Dr. David a...d..., FIIrlœ and Recr8aticn no-i...im, ~--'9cl ag:k:~iL with Mr. ~·.._·_..a. 'D1øre:is Qu..I,.auUy a large I!IIIDD'It of traffic m Cristo Rey. RarIcbo san Anta1io is very I"'P11 'I" as a III1lti-re.:ä...atimal area. 'Ihe )'L'¥"L'ty in quest.ic:n 11Il!I'J t-. ..- a strategic piece of land in the future for 8/X' -ft to NC.l..atim. It was DK:Ned by Counc. ~, seoc:nded by Counc. Sorensen and P"~'!I'ed unanimcus1y to direct that there be no àmnge in the sphere of influenoe. 32. Review and selectim of me of the three plans for Wilsat ~ Older Så1col site solutia1. Mr. Dtwlinq reviewed the plans. Plan A waüd require aà:litia1al reverue. students \Ialld ccntirua to use the site until ~ck Så1col is OCIIplete. Plans B and C co.ùd serve as n-lwp plans as no aà:litia1al resooroes are n ~. 'Ihe Parks and Rec.:reatim :hnni "'-",im had unanimcus1y ~'8d Plan A. It was DK:Ned by Counc. Kq'pel, seoc:nded by Counc. Goldman and I"'''9ed unanimcus1y to qprave Plan A, ret:ainirx;J 5.6 acres of play fields lit Wilsa1 ParX and purå1asing all F),~IL Older frail aJpertino union Så1col District. '!he 0JpertiIX> unim Sdlool District will develop the 18 lots at Wilson !'k':hool site as a¡:proved in their Cl.u.LtslIL snbdivisim map. -6- MINUI'rn OF '!HE JUU{ 3, 1990, AnJCXJRND) REnJlAR CI'IY O::X1NCIL MEETING (œ-793A) 33. Cansideratim of a resolutim urgiIq a 20% water cutback ~ the state. (a) Resolutim No. 8180: "A Resolutim of the City Cameil of the City of CUpertiIX> Urginq a 2M Water c::utback 'Ihrooghc:A1t the state of california." Came. Kq:pel requested that Council adept this resolutim for the p.IIpOSe of IIEI1'1dinq it to the League of california Cities for their october cxnfE:u,u,..". It was III:JIIed by Counc. ~l, seconded by Came. Sorensen and passed \.1I'1i'II'limaly to adept Resolutim No. 8180. 34. Report frail interim use l'Y'W'I'Iftittee regartlin;J t_.t"L<Sty plan for 0Jpertin0 Sports Center. Director of PaJ:iœ and Rscreatim Dtwling said there have been SCIIIe chan;Jes in the plan since it was oriqinally devised, as there have been chan;Jes in the situatim. '!be interim plan takes the City thraçh 1990. '!be item was not ili"'<:"lS'eed at length by the Parks and Recreatim n--i_i.a\ at their last meet:.inq as it was ~ curfew at the ()linlan n-mll'1ity Center. However, the n--i_ia1 did r&. ....""'1d, by a 4-3 vote, to ednse tt.e Interim Use CCmIIittee's reo ····-datim with the deletim of the sand volleyball ocurts. Items 4 and 5 are no la¡ger no- sry. 'Ibis is a t_·t vXary plan and when there is mare infozmatim regardinq the D,i 1 <'Ii rg and Ve1d......, an interim plan will be develc:ped. '!be master plan will be _i1"~e in 3-5 years. Dick I.åImiller, 1191 stafford !)rive, and T'-'~~I of the Interim Use n--ittes, said there are SCIIIe philcsc::ptical i"'9'_ left to diAn'GG. '!be næI8 of the facility ......--n ocnfusim, there are prcblEIIIS of reY8I'IJ8 ."....m:atia1, and the method cf financinq """-'9'1' prcblEIIIS with possible tenants. He requested that Oouncil CXIIIIIJI'Ùcate ite philosqny to the l'Y'W'I'Iftittee. '!be ,.,...,."ittee wculd like to see uses ,.;;her than tennis there, !Jut requests that Ocuncil aß)roVe tl-...;:! t-'\ÙLary plan as amended by the Parks and Recreation o-.m.i....im, then have the interim tYWmIittee re-evaluate the five unlit cnlrts. Allen 5nyàer, 10534 Meteor Place, asked if anytßI had talked to other cities with similar facilities. Mr. DtwliIq said he had talJœd to others, !Jut the ~ of facilities of the center makes it a unique situatim. Mr. Snyder asked if perhaps the city oculd be gettinq in over its head. -7- ater cutback res Res. 8180 adopted Cupertino Sports Center MINUl'ES OF 'mE JULY 3, 1990, ADJaJRNED REnIIAR CITI CXXJNCIL ~ (œ-793A) Di"""''''''''im followed regard.i.nJ the idea of a City Ca.1ncil/- Parks and Rec::r:ætiayInterim Use rn....ittee joint meetin¡. Several ocunci1.........n....S stated that the pUlO&C:l(iJy is that very SOCI'1 it should be a IIUlti-sports facility and that the City m-"''' to m:JYe to get saaethinq besides tennis at that locatim as that was '<krj it was p..m:hased. A master plan is -r;:\ed quickly and tl'.e center should be a true 1IIJlti--8p(nts facility. Counc. Goldm11n ~.."....--ted that the interim cxmdttee be given a 9o-œ.y limit and the Parks and Recreatia1 rn....i ...icn 0CIII8 back with a timetable for preparatim of a master plan. Council ñi""""eeed the desi.rability for a master plan to be developed for the entire ~ial Park ~lex and not just the Q.lpertino Sports center. It was DK:Ned by Counc. K.oppel and seoalded by Counc. &n.... Hn to ~U'J8 the staff reo=- ····-·ldatim as _1IJe..1 to delete Item B and direct ~uatia1 of the five unl '-, ccurts. '!be m::Jtim was adcpted unaniDr:IUsl.y. It was DK:Ned by Counc. Goldman and seocn3ed by Counc. Keppel to direct the Parks and Recreatim rn....i ....icn to return to Oouncil with a timetable for a master plan Vúål in::1udes the 0Jpertin0 Sports center and the Mr..u...L.ia1 Park ~lex as SOCI'1 as possible with the clear directia'1 that there be a 1IIJltiplicity of sports at the 0Jpertin0 Sport center . E::i Hirsc:hfie1d, -¡ Ell of the:interi.JD ..........ittee, said he was unclear abcut the period between the t--.,. ...ary plan and the master plan. '1bere is no possibility that the master plan will be in p1_ by 0c::t:ciJer 1. '!be center will be ready in 0c::t:ciJer. He ~_--ted that Oouncil direct the interim ..........ittee to re-initiate the RFP process and keep that ..........ittee for that pro_e. '!he previoos DDtim was adc.pted unaniJDcusly. It was moved by Mayor Rogers and seoc:n3ed by O:u'x::. K.oppel and pel91!'ed ~y to direct that the Interim Use Carmittee shall remain active mrtil the interim use is ~. REr.:ESS: 9:20-9:30 P.M. -8- MINUI'ES OF '!HE JULY 3, 1990, ADJCXJRNED RÐ:;UU\R CITY CXXJNCIJ, MEITING (œ-793A) City Manager Brown suggested to Oooncil that it the interim rY'OmIittee w.re to OCI'Itirue, they have ~ directim. He suggested a joint meet:in:J held at the Sports center and that a tour be included at that meeting. '!here TOI11ti be a short agenda listing i~"'" being debated at this time. '!be meetinq oculd start m 'l'" day at 5:00 p.m. By c::x:nIenSUS, Mr. Dtwling was directed to þ1. T ,jL to cnmcil at their meetinq of JUly 16, a list of i....n..... and questiCl'lS fran the interim CYWIWIIittee. A joint meetinq was mt sd1eduled. 35. ~e for selectia1 of o...~m ~·"".L Plan Þqercy l_ S_ILative fran West Vall~- cities. It was DK:Ned by Counc. Goldman, secx::nB:l by Counc. Szabo and rass«i unanimcus1y to I~ ····-·d that CUpertino be the L_ s¡,.d:4tive and the City ot ...··I~.ell be alternate. It was IIICIII8d by Came. Szabo, secx::nB:l by Counc. 5œ:e...l8n and I"'Ie'3«i unanimcusly to nc:minate Ccunc. Kq:pel as the L~L e-entative if the selectia1 is done by perBa1. If Counc. I<'qJpel is defeated, the Mayor has the latitude to IUt another name m the table, includinq her own. By 0CI'ISenSUS, Oouncil approved the follCMinq: 'lhe reo ·..·...·ldatim that L_ s _d.atia1 to the o....".-tiat Mana." .-. .L Plan Iqttrcy fran the West Valley cities be by city with the L_ V t..Latim and rotatim determined by preferential vote. 'lhe appointee cculd be defeated by a 3/5 vote and art:! city ooùd dIcose to pass by JIICIVinq CŒI step down. If a vac:arcy were to occur in the L_ st lLative'S positim, the alternate would 1IICI\/8 into the positim and the city of the vacating oamcil ,,_.J C' wo.lid rotate down CŒI step. 'lhe alterrnte wo.lid then sm:ve the additia1al full tem deperx!irç m the balance left in the vacated tem. If a vac:arcy oocurred in the alternate's position, the rotation wo.lid ocntinue. '!he L_ es !'uLative and alternate may be advised, t:ut mt directed in their vote, exi::q·L in special c:i.rcumstanoes, with a 3/5 vote of the city. 36. Request for release of oontin.:Jent lot in seven Sprin;¡s. It was m::IVed D'f Came. ~1 and seoonjed by COline. Sorensen to authorize staff to release the fifth lot. FollCMinq discJSSion regarding possible sale of the lots, the DDtion was adc¢.ed unaJ"I.i.m:x:;ly. -9- CPMA rep. Seven SprinRs iot . Stevens Creek Quarry . . ~. .~ ~ ¡O,." '_"_.', .7"1""~- MIN!.1nS OF '!HE JUU{ 3, 1990, ~ REGUIAR c:rtY CDJNCIL MEE:I'IKõ (œ-793A) It was ~_""ted that the pouible sale of tM four remaininq lots be re K'''"'''i1'led in .........."'.d_tely three 1IIa"Jt."W or so. 37. Request for clirectim regardin;J santa Clara co.¡nty Pll1l11'1inq ChmIi ....ion referral - 5tev8œ Creek Quarry use pend t. By oa1SeI1SIJS, Council c:lirec""...ed stðft to FAX the County P1.annin;J ChmIi....im a letter :reo:. ~dirq they 8IItabl1øh a yearly CIlpeldty limitatia1 tor the entire cpera1:ia1, limit recyclinq ':>aBed m analysis of a 10-20 year thIa period, and limit extensim to a five--year period. QJuncil also authorized staff to file an 'lß'""'1 it the County Planning ChmIi ....im ~ the 8RÙic:atia1 as ra:pested by the çplicant. WRITI'EN CXHUŒC'ATIœs 38. Mayor Rcge1:B ~ aIxut a letter ngardin¡ st. Alù:&._B ArIEnian ChD:å1. HI:. Cowan stated he was gett.inq mare data and the c:burt:b is çplying for scme minor å1anges. œmNANŒS 39. SeocuJ readinq and --.:' IL of ordinance No. 1524: "An Ordinance of the City Oouncil of the City of CUpertino Amerxiin¡ QuIpt""'l' 1l.24.l5O of the o.;.rtino !brl.cipal COde Rslatin:¡ to stq:pinq, st:.anr:!in¡, or Parki.Jq m Soenic Boulevard. II By cx::I1SEIrSUS, Council Ca1t.irJJed this item to the ~ of JUly 16 and requested a staff L.........t. RESOII11'Iœs 40. None. ~~'::> 41. Oral reports by staff 11_.~ oE([$. Council received a L.........L regardinq the Fourth of .JUly planned activities. 42. Update m status of City center CXIIplex, saltheast comer of stevens creek Boulevard and DeAnza Boulevard. -10- MINtJI'ES or' 'íHE JUU{ 3, 1990, AOJCURNED.REX;UIAR CITY CXXJNCIL MEE:rIN::; (œ-793A) Mr. Brown said he does have a dratt I.~L tJ:aa Mr. stiebel which he will forward to Oouncil prior to th8 I1BICt Cit'¡ Cameu meetinq. CXUNCIL tQ;KJKl::i 45. Counc. ("..nl'-'¡ - Leqis1atiV8 RIIview no-ittee - It 'iIIaS moved by Counc. Szabo, seoouc1&J by Counc. Jfqptl arx:l I'<'9ð9d unan.imcusly to qpose 58 2447 -.:tinj Mello-Rcos legislat".icn. At 10:40 p.m., Oouncil adjaJm8tl to a Cloøed sesaia1 regardin;J a 1_ ðCþ.........,L with O,¡pert.im thicn Schcol District and the possible lease and p.¡ràIase of prcparty. Oruncil announced tlmt m JUly 16 at 4:00 p.m., there will be a study sessim to reviøi th8 results of th8 survey regardin:¡ a p:¡øa.1b1e ballot """"11'8 and to qiva lltaff directim m a tax .....~"..u:a. Cameil recc:I'IW!I'1ed in qø1 8 i<'1'1 at 11:40 p.m. CD..1n:. B. Ii ~_L: Goldman, JCq¡pel, Su....._., Szabo, Mayor Rogers Staff Pl r .L: City ManIIger Brown City Clerk OamIllius Direct:or of Public 1i.u:k. VisJcøvid1 Directar of n-m"1ity DIIYal,I -tl Cowan City Att.ozney Kilian It was DK:Ned by Counc. Jrq:Ipel, ........c'Iit:.cl by O:UX::. Su.... 11.1 and p"ð'"-"'d unan.imcusly that: lltaff I'L' .; ~ as per Cloøed sessim reganiínq lease of œrtain øchcol sites tor use as cp!J1 space. Regardin:¡ the possible ~1i"iticn of Wllsat and Fl:eu....IL Older sites, there was no need for act.ia1. At 11:45 p.m., Council adjaJm8tl to 4:00 p.m., Mr:n:åy, J\:ly 16, for review of th8 survey and c1irecticn m a possible tax mA;itqn"f!. ~ 4ø:~- Citf ClerK -11- 1------ Legialative Revit Closed Session