CC 09-04-90
CITY OF aJPERl'INO, STATE CF CALIFURNIA
10300 'IORíŒ AVENUE, aJPERl'IN), CA 95014
TELEPHONE: (4080 252-4505
œ-797
MINtJ1'ES OF 'mE REX;U1AR CITY cxx.'NCIL MŒl'DC HErD 00
SEPI'EMBER 4, 1990, CXXJNCIL OÐ\MBER, CITY HALL
10300 '1~ AVDIDE, C1JPER1'1N), CAI.IRIRNIA
s;u.tJI'E 'ro '!HE FI1\G
'!be meetirg was called to order by Mayor ~ at 6: 45
p.m.
ROIL CAlL
Came. Present:
Goldman, Kqpel, Sorensen, Szabo, Mayor ~
staff Present:
City Manager BrcM1
city ClerK COn1elius
Director of Public Works Viskavich
Director of C'rnmI"'1ity D8Y8l,¥""",L Cowan
Director of Parks and Recl:eatim Ccwlinq
Assistant to the city Manager Brown
Director of Finance Snyàer
Public Infomatim Officer Xrey
Associate Planner Ciddy Wordell
Assistant City Attorney lq)ez
~
It was DK:Ned by Counc. Kqpel, -......ded by Counc. sorensen
and I"'ðe'9(i ~y to reIIDV8 Item No. 8 traa the agen:Ja
and to ocmtinue Items 19 and 30(a) to the meetinq of
septeDiJer 17, 1990.
CEREM:IIIAL MA:I:.I.1:òK::i - PRESmrATIœs
Presentatim of plaque to cutgoing cable Televisicm
Advisozy Carmittee mømher - Bill Fletcher.
Mayor Rcgers presented Hr. Fletcher with the Plaque of
lIWreciation.
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e
KINtJIlrS OF 'mE SEPmmrn. 4, 1990. mrnIJ..R CIT'{ croNCIL
MEETING (œ-797)
Recognition of Foothill Bà:by SOX All stars.
Following the Mayor's presentation of proclëanations, the
Bà:by SOX All stars presented her with a tee shirt.
ORAL CXH«JNICATIœs
zincvy Fichtenholz, 11458 Garden Tetrace Drive, addressed
Council regardinq a Ian1mark Devel'¥"""1t project. He
stated that he had been told the trees a.roum the project
~d be upgraded in order that the project be e..............ed.
Instead, small trees were planted. Also, he had been
infozmed that the location of t.l - ~d be reviEMld by
staff. 'Ihe trees provide no shielding of his hc.IIIe; the
Jdtd1en win:Icws of the new haDes are lookinq into the ymds
of the existinq haDes.
Director of n-m11Ùty Devel,¥"""IL Cowan said he will talk
with Mr. F:ichtenholz and L'¥o'Lt back at the next mestinq.
'Ihe project beinq t'li"'c"S'sed is still under ooostruc:tim.
.
Narx:y a.n..øt.l, 729 sten::lahl Iane, harDed out an updated
list of ("_1.. ChIInittee EP,~ittees and their --erEhip.
Rcberta Hollimcn, 01air of the Fine Arts n.......i ....ia1,
,¡.>L s ¡>,¡,te:i c:nmcil 11_.~ «8 and staff with 1:uIIper stickers
readinq "QJpert.ino cares Abcut the Arts".
Consent
Calendar
<:xHmn' ~
Mayor ~ reII7.'ed Items No. 6 am 14. It was DK:Ned by
Counc. Kqpel, Séo.o..II.:Jo:d by Counc. Sorensen and p"ee-'
unalÙ:IIDJSly to ..........vÆI the balance of the 0Œ1sent calendar
as .."hnitted, with Counc. Goldman abstaininq m Items No.
15, 16, and 17.
.
1. Resolutia1 No. 8218: "A Resolutim of the City Council
of the City of QJpertino Allowinq Certain ClêÚJDs and
Deman:Js Payable in the ADx:iunts and FraIl the PUnds as
Hereinafter Described for General and MJ'"Oe'llanecus
Experñitures for the Period Ending JUly 27, 1990."
2. Resolutim No. 8219: "A Resolutim of the City Oouncil
of the City of CUpertiIX> Allowing Certain CV.i""" am
Demands Payable in the ADx:iunts and !ran the PUnds as
Hereinafter Described for Salaries and Wages for the
Payroll Period Ending August 14, 1990."
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MINlJI'FS OF 'mE SEPJD!BER <\ , l~~O , R'EæL\R ClT'i cnJNCll,
MEEl'ING (œ-797)
3. Resolution No. 8220: "A Resolution of the City eam::il
of the city of CUpertin:> Allowinq Certain Claims and
Demands Payable in the Amc:Qrt:s and Fran the F\Jnds as
Hereinafter Described for General and Miscell~
Expen:litures for the Period Endi.n::J August 24, 1990."
4. Waiver of business license fees for Citizens for a
Better Envi.ra1ment.
5. Resolution No. 8217: "A Resolution of the City Council
of the City of 0Jpertin0 Authorizin:J Executim of a
Joint Exercise of Pcwers AgreeIœnt and COq:Ieration
AyU'CIUC..1t with the Camty of Santa Clara for Fiscal
Years 1991-1993."
6. ReDDved frail the ccnsent calen:lar.
I
7. Resolutim No. 8222: "A Resolutim of the City Ch.1rx:il
of the City of 0Jpertin0 ~inq 0XItract 01an:Je
order No. 2 for Sluny seal Project 90-105."
8. Resolutim No. 8223: "A ResolutiŒ1 of the City eam::il
of the City of 0Jpertin0 ~inq 0XItract 01an:Je
order No. 2 for Anrual o.terlay Project 90-104."
9. Resolutim No. 8224: "A Resolutim of the City eam::il
of the City of 0Jpertin0 ~inq a...LLaet 0Jan;Je
order No. 2 for Rec:x:I1structi of a.nœ, Qztters and
sidewalks Project 90-102."
10. Resolutim No. 8225: "A Resolutim of the City eam::il
of the City of 0Jpertin0 Authorizinq Exec::ut.ia1 of
Ihtu-OIo.........1t AyL............1t Beb"8en the City and D8Y8lc:per
West Valley Pl.'+""Lties, Inc., A califamia 00rparatia'I,
19400 stevens Creek Eb..ù.evard."
11. Resolutia1 No. 8226: "A Resolutim of the City Oouncil
of the City of 0Jpertin0 Aooeptinq a Grëmt of -......-. ,L
for si:!"!"1alk Pu1:1' " frail West Valley Pl.'+""Lties,
Inc. , A califœ:ni.a Cl.u.r<>1.Atim, Located 19400 stevens
Creek BculevaJ:d."
12. Resolutim No. 8227: "A Resolution of the City eam::il
of the City of 0Jpertin0 Aooeptinq Q.ùtclalm Deed and
Authorizatic.n for t1ndergrc:uxi Water Rights fr.;m James
L. ¥asd1mitter am ursula K. Kaschmitter, 0ran;Ja AvetUJe
SaIth of Granada AvetUJe."
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MIN!JIES OF '!HE SEPTEMBER 4, 1990, REGJIAR CITY cnJNCIL
MEE:l'n.a:> (œ-797)
13. Resolutim No. 8228: "A Resolutim of the City Council
of the city of CUpertiIX> ADoepting Grant of F.a_1t
for Roadway P.npcsoo frail James L. Y.asdmdtter and
ursula K. ¥asdmlitter, Oran;¡e Averu¡e South of GnInI!Ida
Avenue."
14. Removed frail the 0Œ1sent caleniar.
15. Mi1Ultes of the adjoorned regular meeting of ~ 13,
1990.
16. Mi1Ultes of the adjoorned regular meeting of ~ 15,
1990.
17. Mi1Ultes of the regular meeting of ~ 20, 1990.
18. Acoeptance of City i:qJravements:
a) ReocnstJ:ucti.a of QJrt)s, QJtters, and Sidewalks,
Project 90-102 (Bianårl Ca1structim)
b) viceroy ccurt StŒm Drain, Prcject 90-6013 (01sey
CcI1stzuctia1)
c) Olrlstensen Drive street ~uv~....,..t.s, Project
90-108 (Golden Bay cmstroctim)
(No Ñr'J...-¡ts M<" -'!IrY)
YQt§ ~·.ofI1:S of the City Council
MES:
lIES:
ABSENl':
AærAIN:
GoldllBn, Keppel, Sorensen, Szabo, ac."......
Na1e
Na1e
Gol"'-"1 (Iteas 15, 16, 17)
ITÐIS mÐVED FKH CXH;Ðfl' CAIÐIDa\R
6. Resolutim No. 8221: "A Resolutim of the City Oouncil
of the City of 0Jpertjn0 Authdrizing Destruct:im of
Reoo1ê\1s (Parks and Rec:reatim Department)."
It was DK:Ned by Mayor Rcgers, SêOCtœ117.i Counc. ~l and
I"'~eed lII'IalÚJIIaJSly to adept the resolutim.
14. Resolutim No. 8229: "A ResoluUm of the City Cameil
of the City of 0Jpertjn0 Dec:larinq Its Intentia1 to
Order Vacatim of a Partim of OVerland Drai.nIIge
FJo...........rt; within the City of 0Jpertjn0 Pursuant to
Sectim 50430 Et. 5eq. of the GaIr....._.L COde of the
state of califœ:ni.a, Fixinq Time and Place for Hearing
and Providinq for Notice 'Ihereof: RainIx:Jii Drive at
SaIthem Pacific Railroad Trëlcks."
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MINlJI'ES OF TIiE ::'U'1J:...œER 4, 1990, REX;UIAR CI'IY CXXJNCIL
JoIEErING (œ-797)
It wa.'\ JlK:\fed by Mayor Rogers, seoorxied by Came. Kq:pel and
p""ged unanimaJsly to adq1t the resolution settÍIXJ the
hearÍIXJ for octOOer 1, 1990.
RJBLIC HE'.ARTICS
19. ~licatia1 6-Z-90 and Abanda1ment - Bruce Irwin and
Carl Zan;Jer - Request for rezcnin;J of ðt¥LUI'-i""'tely .46
acres gross (20,125 sq. ft. gross) frail Rl-I0 (single
family resident".ial, 10,000 sq. ft. minbø.ma lot area) to
lU-7.5 (sinqle family residential, 7,500 sq. ft.
minbø.ma lot area). Prcp:!rty is located at 10572 Felta'1
Way. Aban:knDent of a portim of the Felta'1
right-of-way (ðt¥L......i""'tely 7,672 sq. ft. of roadway).
Env:i1:Úi/IIE!Iltal Deteminatim: '!be Plannin;¡ camú.ssim
reo:- ....-·Ids the grantinq of a Negative Declaratim.
Re() .....-.ded for awraval.
(a) Resolutim No. 8230: "A Resolutim of the city
cnmcil of the City of O,¡pert.im orderinq Vacation
of a Portim of Felta'1 way IDeated sooth t'f Kirwin
lane as Provided in Sectim 8320 Et. Seq. of the
streets and Highways COde of the state of
California."
(b) First readinq of Ordinance No. 1536: "An
Ordinance of the City Oouncil of the City of
O¡pertino Amerxiin¡ sectim 1 of Ordinance No. 2 by
Reza\inq ~...,.i""'tely .46 Grœs Acres FraIl Rl-IO
~ to Rl-7.5 ~: Located at 10572 Felta'1 way
(Bruce Irwin and carl Zanger, 6-Z-90)."
Previœsly ccntirued to the meetinq of sept:eDi:)er 17, 1990.
20. ~licatim ~-89 City of O,¡pert.im
OxISideratim of _.dI..::.,Ls to the followinq elElllE!ld:8
of the City of O,¡pert.im General Plan:
I.and UsejChroft"'1ity Character:
1) Additim of text and policy CXI'I081:J1inq residential
Will Sl1lxiivisiCl'lS
2) Additim of text and policy CXI'I081:J1inq land use in
areas west of the UIban service Area I::x:u1dary
3) General statistical Update
Public Health and safety:
1) Addition of text and policy ooncenù.n; hazardoos
waste ~·_I'lt
2) U¡:date of text and policy ooncenù.n; air quality
and cxmrunity noise c::haracteristics
3) General statistical Update
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5-GPA-89-City of
Cupertino
MnmES OF 'mE ~ l¡, 199Q, R£æI.},R ClT'i <I1JNCIL
MEEI'l."NG (œ-797)
Trd11SpOrtaticn Element:
1) Additim of text and policy concentin;J regional
transportation pl~ objectives
2) General statistical Update
Enviranmental Resa.1rces Element:
1) 1\dditim of text and policy concentin;J mineral
resau:ces
2) 1\dditicn of text and policy OOlICo=1.Uing
reforestatim
3) General statistical Update
(a) Resolutim No. 8233: "A Resoluticn of the City
Council of the City of CUpertino ~
~liœtim 5-GPA-89, city of CUpertino."
Director of C'romIInúty Devel~.t Cowan pr:1I ,ILed his
lo::y..>LL to Council and was available for any questiCl'lS.
Cameil <'Ii .......--9d the possibility of staff 00l'1duc:t:.ing a
study to detmmine the specific rn1lllher of jobs in
CUpertino. '!here were SCIII8 0a10emS regard.inJ ABI\G
figures.
Mr. Cowan stated that a sallple suzvey was done by the City
and the figures as pl II "Led by the Director of Finance
..ckh......sed the tull--l:ime equivalent of positiCl'lS. ABI\G uses
SOcbl 5ecIJrity data.
City Manager Brcwn said the City '-'OOld be in a difficult
positim to cbject to the ABI\G ra1ll~ Ea:S \D1less it were to do
a rigorœs review. A t:1n.mà1ail s1œtc:h oculd be dcne for
general .:, "\ "'rlscn. 'n1e Director of Finance will be doing
a IIICII'8 detailed study at the em of the year.
Cameil œp.....d by CXI1SE!lISUS that the study be dcne.
Nancy B.Imett adch. e....o Council regard.inJ policy 2-34. She
was intUL....d that this is not a new policy, b1t is
refOCDattinq of an exi.stinq policy.
Mr. Cowan told Oouncil that the Tanner material (hazardous
material) is the a1ly time sensitive part of this ~,\-<sed
ameudmealt. '!be rest oaüd be delayed until after the (;nool..
Camlittee ocn::ludes its work.
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Mrnl1I'ES OF '!HE SEPI'EMEER 4 I 1990, RmJIAR CITY axJNCIL
MEFl'ING (œ-797)
Ann Arqer, Manta Vista, expressed the opinion that e::.mcil
v.œJ.d be jUllpinq the gun if this were a¡:proved prior to the
c:œpletim of the Goals Ccmnittee work. She urged them to
wait until that is CCIIplete.
Follcowin; Oouncil ñi"""'lSsim, Mr. Cowan ~-ted that
Cameil CCI'ISider a1ly the Residentia1jInfill Devel,¥""".L,
Urban Service Aræ" Tanner, and Di""'OGt> Policy and that the
rest of ~qJCsed General Plan Amen:Jment be CCI'1Sidered with
stage III of the ~. o("'>C'e.
Cameil ay1..eed by 0Œ1Sel1SUS. Comcil also directed, by
consensus, that staff initiate the PJ::~" to OCI1Sider
Residential Hillside zaninq for the area around the Regnart
Rià;¡e sulxUvisim. cnmc:il ~.....t.ed that a table be
placed in the Gene1::al Plan shcwinq clarificatim of how the
rnmhørs were deteJ:mined as listed m page 23 and that the
history and how ær-i..iCl'lS were made also be included.
Bob SI.Ddual.s, 841 Lenzen AveraJe, San Jose, L"'t'L l!elltinq the
Diocese of san Jose, requested a fUller explanation of the
slope density fnrnul". He ~led to Oouncil for a
ratia1al awrœcn and stated that the technical update
should incl\X3e a history of devel~1t of the property.
Mr. Cowan said it was w..,....1t that this portim be
considered ~...... it is ]1A -"~ry to reinsert the marginal
note m page 23.
Nancy 8.Jn'..LL told Oouncil that the 1"'.-1.. lhnnittee is not
dealinq with the hazaJ:doos waste JIIIU'\&,. '-'IL at all.
staff will clarify m page 61 that the 01pertin0 site st.oewn
is not sc::tIed1led as a repository of hazamcus materials,
Þ.Jt is a """""1'\Y site.
It was DK:Ned by Counc. Kqpel and seoc:tded by Counc.
Sorensen to cx:.ntin.Ie the hearin:J to the meetinq of
SepteIIi:Ier 17, at Wiå1 time the Di QOOS'it property, the
hazardous materials portim, the Residential Infill and
Urban Service Area portiCl'lS will be Oa'ISidered with the
rest ~ heard after the t'Y'OIplet1m of the Goals
Ccmnittee, e>roept for the Halsin:J Element, Wich will
prci)ably be in NaYeDiJer.
A L~:t: : S :I.tative frail stevens Creek Quarry addt"""'eed
Cameil ~ the Mineral Resources portion of the
amenJmellt. He was informed that this will be considered
after the 1"'_1.. lhnni ttee CXII1?letes their work and the
Planninq Department will ootify him ~ the hearirx] is
scheduled for the Pl~ Ccmnissian.
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)-V-90
(Jackson)
.
App. 5-U-90 [,
4-EA-90
(Taco Bell)
.
MINIJI'ES OF '!HE SEPI'EMBER 4, 1990, REX;UIl\R CI'IY CXXJNCIL
MEE:I'ING (œ-797)
'!be JIDtion was adqJted unanim:usly.
PlANNING APPLICATIœs
21. ~licatlon No. I-V-90 - Jenny an:i Hugh Jacksa1-
Request for variance to Section 8.4.3. of Ordinance No.
1449 to reduce the required seoan::l story setback
surcharge for a seoan::l story addition to an existinq
single-family residence. '!be pI"q)E!rty is located m
the south side of stevens Creek Boulevard, 300 ft. east
of DeAnza Boulevard. Emrll......IWtOIItal Detezminatim:
Categorically Exempt. Reo ·..,,-·rled for denial.
Mr. 0:Jwan clarified that the location of the prc:party is
22460 CUpertino Read.
Hugh Jac:ksa1, applicant, told cnmcil that he feels the
larçuage of the setback requirements as stated in Secticn
8.4.3 of 0Zdinance No. 1449 was part of the problem. He
""'hnitted to Council oc:pies of O::iunty Ass-For's Book 326,
page 50 and gave them b!Ickgrcund informatim regarc:lin¡ the
abanda1ed roadway. He also ~l1hni tted ¡:tIotos shoirlnq the
view of his haDe and views frail the haDe. Mr. Jacksa1
reviewed ocn:litiCl'lS he feels are unique to his piece of
Ì'L'+""Lty and PLS!Irt:a:l letters fran his neighbors
E/Xì.tL.....sinq no OOjectim to the ~. i^-sed variance.
It was IIICYed by Counc. KqJpel, BeCXIÙ!d by Counc. Sorensen
an:i I"'I"'õ'ed unanimously to grant the variance per the
applicant's EÐChibit with finr:linqs that there are special
cx:n:litiCl'lS, it is r---e~ry for substantial prcperty
rights, and it will not prntiI""" material adverse effects m
the neighborlxxxl.
lID JÎx.5: 8:50-8:58 P.M.
22. ~licatim No. 5-U-90 an:i 4-FA-90 - Taco B&ll
COzporatim - Request for Use Permit to CC81St:zuct and
cp!rate a 2,000 sq. ft. freestarñinq taJœcut
restaurant. Emrll......llllt:.l1tal DeteJ:minatim: '!be Plëll1l'lin.J
ChmIi....im Ie-:· ........'Ids the grantin;J of a Negative
Declaratim. Iocated m the northeast corner of DeAnza
BoulevaIÙ and Bollirqer Read. R&...............Œ!d for
a¡:proval.
Mr. Cowan stated that the issue r)i"('ll"',;,ed at the Plannirg
C'hm1i "Sion was whether or not this application was
consistent with the General Plan. 9:l a vote of 4-1, the
Chnmic:sion felt that it was. Technical issues ocu::ern
traffic, the theImal oxidizer, architecture, an:i
ÍI~.....s/egress to the prcpœed deIIelopnent. Also r)i<:r'll'i'S'9d
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I
MINTJl'ES OF '!HE SEPI'D1BER 4 , 1990, RmJIAR c.TI"i CXXJNCIL
MEF:ITNG (œ-797)
by the Plðl11'liIxJ Canmission, was the right-of-way on
Bollinqer am a ros duckout.
t
Will Harris, construction manager for Taco Bell, told
Cameil that the Taco Bell wants to lDCNE! fran its present
site because it is a small J:uilclin:] with ootdated equi¡:ment
am few parkin:J places. Taco Bell will stay in CUpertino.
Mr. Harris reviewed types of Þ.1ildi.n:Js that owld go Œ1
that oorner, such as convenience stores. He said the
pl~ devel,...~...."uL '-'OOld be well landscaped and an
in:lividually designed J:uilclin:]. '!he existirq restaurant
'-'OOld be closed am therefore, Taco Bell is just mavinq,
not creatirq a new restaurant.
Pete Galloway, transportatim planner for Qmrl. -Means,
described the method of establishin¡ peak hair trips. In
ngard to level of service, he stated that the r.ity Traffic
Erçineer had fa.uñ a D- exi.st.inq I.œ and with Taco Bell m
the COUa:C, it stayed at D-. He then subt:racted the
¡,... 7: I It Taco Bell Pø-ak hair trips and the level of service
did not d1arge. 'Ih-1 level of sezvice at DeAnza and
Bollirger oculd even ÌIIprCve. He r...· ....-JX!ed right turns
in and aIt m Bollinger as well as m DeAnza BcW.evard.
will Harris said that even when a fast food ..-estaurant is
included in a shcppinq center, it is usually free-st:.an:iin
and tied in by design of arålitect:ure. In ngard to toxic
cleanup, he said the soil was ..1""""t oœpletely aerated.
'Ibis is being dcne to a 30 ft. depth level. '!he blower
noise level is 84 dbe., whidl is abave the limit allOWlBd.
A noise elX1ineer has been hired and there will be a
buildinq to mitigate the noise. It is estimated that the
cleanup will be dcne in 22 JD:JI1ths.
þ
Bruce Maeda, 1063 K:Irse AverJJe, No. 11-204, SUnnyvale,
l"t'L!S uLinq Exelted1 Inc., said that Shell Oil is
respcrl8ible for the cleanup.
Mr. Harris....",... "S'ed the q>Wm that Taco Bell has
mitigated 1XJSSible problems and requested that Council
aß)roVe the awlication.
John Hq>kins, represer¡tin] Mr. am Mrs. LaMonioo, said the
cleanup has to be done even witha.1t the project. '!be
property has been in the family for 50 years am the
L:!Monioos feel that Taco Bell is the best 1XJSSible use of
that comer. A relocation is not a rsw use. since this
policy regardinq cH o:t'Y"IIlI'agement of free-st.andin:J fast food
I'eStaurants, there have been sane a~roved as part of a
center. He expressed the q>iniŒ1 that this is the best use
the City owld hope for on this site.
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MINtms OF 'mE ~ 4, 199Q, ~ ClT:l cnJNCIL
MEEI'ING (œ-797)
Matt I..aIobú=, property owner, told Council that this
property had been set aside to fall back 00 ..men he was
older and unable to work. '!hat t.iJDe is here. He wwld
liJœ Ta= Bell to IDCIIIe to the =UIt:C, Þ.Jt needs Council's
help to brirç this a}:)Qrt:. He thanked Council for their
su¡:port.
Gorda1 Frolidl, 1202 Bellcnap cn.trt, directed Cameil's
attentim to the word, ''Joore'' in the stated policy. 'Ihe
pl.u¡,<!?OO Ta= Bell is oot: more: it is just a JIICII1e. His pet
peeve is ¡'1<;"t!!; ani the 00s ~ will relieve that
problem. '!be envh...."u.:.ut is beinq cleaned: the City is
trading a leaky gas station for a Ta= Bell and this is
good.
Mr. CaoIan did point art; that if Ta= Bell moves, another
restaurant oc:W.d go in at the pnsent Ta= Bell site.
.
Mr. Harris stated that he had several meetinqs with the
P1.annin;J staff and made several d1an:3es to the ~. I" >aal
before being told a}:)Qrt: the policy regarclin;J free-standin:.J
fast food restaurants.
Mr. Hc.Pcins said that in J\1na of 1989, he was told that the
City Council might be hesitant a}:)Qrt: a free-standin:.J fast
food restaurant, Þ.Jt he was not !nfu1e"-od regardi.ng the
policy in the General Plan. '!hat he was told in late 1989
or early 1990. He expressed suzprise that the General Plan
was that specific and that it wwld be tb§ i.....;¡e.
Neg. Dec.
granted
Oouncil di..,.."e~9d the JDea1'ÚD;J of the tezm "actively
di"'CO.lrëlge", as well as the 00s duckcut, the PLu¡,CSed metal
roof, and a sign being erected statinq that it was the
entrance to O,¡pert.im.
It was DK:Ned by Counc. ~l, SEIOCI'Ùi!d by Counc. Szabo and
p"e",ed \.II'IIIl1imJusly to a¡:.prave the granting of a Negative
""""laratim.
.
It was DK:Ned by Counc. Kqpel, secx:n:1ed by Came. Sorensen
and p"e-9d 4-1 with Counc. Goldman c:lissent.ing, to a¡:.prave
the ðR)lication per Planning ccmnissioo Resolution No. 4280
aIIIen:ki to require a red tile roof on the l:iuildinq and that
the ðR)licant put up an "Entrance tc the City of CUpertiIX>"
sign.
ARCHlTECIURAL AND SITE ~ a::MnTI'EE APPLICATIOOS
23. Na1e.
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MI:NUr'ffi OF 'mE ~~ 4, 199Q, Rm.JI1;R ClTi cnJNCIL
MEETING (œ-797)
UNFINISHED rosINESS
24. None.
NÐ1 RJSINESS
25. Consideration of resclS~on of Resolution No. 8187
establishin:] a yalth sports fI.1rx!.
(a) Resolution No. 8231: "A Resolution of the City
O::Jurx:il of the city of CUpertino Rescin:iin;r
Resolution No. 8187 and Provi.cling for'I\1rf and
Maintenance of CUpertin:> union School District
yCJ.lth Sports Fields."
Marc M:Q!e, 10715 orline COOrt, said he felt the City
Council did not have all of the ~eazy lnfomation when
Resolutim No. 8187 was adcpted. '!he existing fields are
in c1an;JeraJs shape. Altl1cuJh they are school fields, the
citizens are looJdn:;J to the City for help. He urged
Council to address the bad ccrxtitiCl'lS of the fields and
~ t the staff Z\eC, ....-üJa.tion.
Mary Shapiro, parent and "'OCœr L"'t'L sentative, said Mr.
McGee is ô..tLL..ct; the fields are dan;Jerous. She ~-"''9d
c::cnœms, however, r9gardinq certain terminology as there
is no sinqle yt:IUth &pOLls organizatim. She urged that all
of the various spœ.l.s groups "'Œ'k with staff. '!he !)toc-''$'
is unwieldy for amateurs, as they do not knew who to call.
She su;,y.:...teð. that citizens have a sinqle contact point in
this matter. '!here is a need to address deferred
maintenance m these fields. 'Ihe citizens are not good at
o1."ganizin¡ such an effort, bIt are axpera.tive.
It was IIICM!d by Came. Kqpel, sec::xnied by Counc. Goldman
and I"'I~sed unanimously to adqJt Resolutim No. 8231,
establishinq an i~i;,te furxi of $1.1 millim frail the
General P\In:i.
Director of Public Works Viskavich said he will meet with
L"'t'L~eJttatives frail all of the groups and the schools.
Mayor Rogers expressed OOI~ ~ fields not beinq
maintained and told citizens ti"..:¡,t any field maintenance
calls should go to the Public Works Department. When Mr.
Ccwlin:] and Mr. Viskavich meet with groups, they will give
the group """'.¡ oers a list of wnat gets reported to whan.
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Youth Sports fun,
Res. 823l adoptee
J
e
Hwy 85
.
Strategic Plan
Jpproved
Res. 8232
adopted
False Alarm
ordinance
1st reading
Ord. 1526
.
MJN\JI'ES OF '!HE SEPI'Ð1BER 4, 1990, RroJlAR CTI:'i CXXJNCIL
MEE:l'ING (œ-797)
26. Review of strategic plan, mem::>ran:1um of un:lerstan:iinq
arrl anticipated traffic iJrpacts - Highway 85 arrl I-280
int:erc:harqe .
a) ~roval of strategic plan.
b) Resolution No. 8232: "A Resolutim of the City
Cameil of the City of CUpertin:> Authorizinq
Execution of Memorandum of t.1n::Ierst:arñ with the
california Department of Transportatim and the
Traffic Authority ~inq Timinq, F\Jrrlin;J and
Procedure for Interim IDprc:IYements of the Ib.rt:e
280/85 Interc:t1an;¡e."
Will KeIIptan, Traffic Authority, told Cameil that there
are b.Jdget constraints. '!be northbourxi iJ:provements m 85
are IIDre in¡Jortant than the~. calTrëlns has made
a decision and wculd like to maintain a D level of service.
If the rœ .1:1.___ belOli D, that will serve as a "red flag"
to look at mitigatim. one more STIP cycle will be
exmplete before anythinq else.
GaxdOh FroUdl asked about the ''up to $3 milUm" to be
used for local mitigatim """'''':IreS that might be J'1e("W'e"'ry
and was infUL.....d that oould still be used. He ~_e'9d
OCIlCo:u.h regæ;ùinq use of the '*'Ord "teDporary" in Item No. 2
of the M:XJ as per Mr. Viskavidl's $I""""''''Y. He was infomed
that is not in the -oo""'"'1t itself.
It was lIDVad by Counc. Szabo, secandecl by COOne. Kqpel and
I"'Iesed \.U'1ðlÚJIo.1sly to ~ the strateqic Plan.
It was DK:Ned by Counc. Szabo, secandecl by Counc. Goldman
and p"ø-ed unanimously to adc:pt Resolutim No. 8232.
27. Ccndderatim of an ordinanœ revisinq the Qpertino
!tJnicipal COde c:hapter pert.ain.in;¡ to false alams.
(a) First readinq of Oràinanoe No. 1526: "An
Oràinanoe of the City Oouncil of the City of
CUpertino A1IIerxiirq sectiCl'lS 10.26.090, 10.26.100
a.~ 10.26.110 of the CUpertino !tJnicipal COde,
False Alaxm Service OJarges."
It was IIDVed by Counc. }('q:pel, secorx:)ed by Came. Sorensen
and I"€'",sed un.aniIIo.1s1y to oon:iuct first reading of the
0l'I'tinan0e with the title amen::led to inc:1ude sections
10.26.120 arrl 10.26.130.
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MrntJI'ES OF '!HE SEPI'EMBER 4, 1990, REaJIAR CI'IY CXXJNCIL
~ (œ-797)
28. Designatim of Votinq an:! Alternate Votinq Delegates -
Annual CÅo:":L=S of Cities, eec:-ohø~ 1-5, 1990, in
Ha.Jstcr\, Texas.
It was IIØIed by Co.mc. Szabo, seconjed by Came. Goldman
an:! pass'9d unaniJJaJsly to appoint the Mayor as the delegate
and Barbara Rogers as alternate.
29. CCI'Isic1eratim of an orciinaooe cutlininq the
':- "\ >C6itim, functi.m, an:! duties of thÐ Environmental
Review t"nmnIittee.
(a) First ~ of Ordinance No. 1535: "1.n
Ordinance of the City ocuncil of the City of
0Jpertin0 Amerxiin¡ the CUpertino llmicipal COde to
In:lude Q1apter 2.84 Envi.rcrIDental Review
t"nmnIi ttee. "
It was DK:Ned by Counc. Kqpù, -....dad by Counc. Goldman
and r""ee-' \.II1IIllÌIIII:y to read Ordinance No. 1535 by title
a1ly and the City ClerK's ~ to OOdStitute the first
readin:J thereof.
30. RIeport; m bid qødngs and award of ......,LLc..:ts.
a) Traffic Signal Ðu....__....y & . ,1.J.at System,
Project 8602D.
(PreviOJSly CXI'ItinJed to 5ept-·~+I 17.)
b) Jot:Clellan laid st.cma QItfall at stevens creek,
Project 91-102.
It was DK:Ned by Counc. lfq:pel, secx:med by ocunc. Goldam
and p"øø9d unanimcusly to award the project to B&llicitti
and Pellicx:iotti bNIed m their low bid of $33,680 and
authorized a 15\ ~ for a total of $38,732.00.
Oouncil also authorized use of the Miner st.cma Drain f\II1d
(110-6001-953) for this project.
31. Request for ~'¥Liatia1 of funr::1s-Q::IImty center
lawn and Lima Vista Park.
It was DK:Ned by Came. Fqp)1, seoa1ded by ocunc. Sorensen
and I""eeed unanimcusly rea¡:prcpriate $25,000 for the
~an center lawn project (110-8303-953) and $40,000 for
LiIx!a Vista Park (110-83011-953).
WRrI'I'm CDHJNICATIœs
32. None.
-13-
Annual Congress
of Cities delega
ERC
1st reading of
Ord. l535
Bid openings
Comm. Center &
Linda Vista fund
e
Cupertino
Sports Center
.
.
MINUl'FS OF 'mE STITmffiER 4 , 1990, RmJl.ÄR CTl'i cnJNClL
MEE'J"IN; (0:::-797)
æDINANCES
33. Na1e.
RESOWI'Iœs
34. Na1e.
smFF t<UU(!~
35. Oral reports by staff 1IIPInh(>rs.
Council received a l~ t regardin:J the stevens Creek
Quarry use pexmit.
Da1na R:rey infol1ucd Cameil that the Fine Arts Ccmnissim
is l()Q)cinq at to ways increase public art. '!be C'romIi OI$im
plans to meet with AS1IC regardinq guidelines.
36. Update m status of CUpertiIX> Sports center
rehabilitatia1.
Followin;J a L"'t'ULL fran the Director of Public works, the
City Manager r8Ip!Sted that the joint meet:irç of the
Oouncil, Parks and Recreatia1 C'romIi....im and Interim Use
C'romIittee be reså1&Juled to 5:30 p.m., NoveIIt..er 13.
HI'. Ccwlinq ..... II ¡led Oouncil with figures shcwin;J the
lID1thly attendance at the Sports center fran May 5 to
August 31. EIIenings, Saturday, and sumay mornings are the
prime use t'i_. 'lb!re has been an increase in use each
1IICI'1th. HI'. Dcwlinq will give Council cx:pies of the åIart
shcwin;J these figures.
By ~_enøus, Oouncil reså1eduled the joint meetin] to
NaIr~ 13, 5:30-6:30 p.m.
37. Update m status of City center n"WIJ'lex, southeast
VULU"C of stevens creek Bwlevard and DeAnza Bwlevard.
OXJNCIL Ruu<J.~
38. Mayor ~$
seoo..:Jo:d by
request that
Bill 2154.
- It was DK:Ned by Counc. Sorensen,
came. Kqpel arxl fIë!'''~ ~ly to
Governor Deukmejian sign into law senate
-14-
t
MDVl'ES OF '!HE SEPI'EMBER 4, 1990, RmJIAR Cl'IY CXJUNCIL
hI2;.nlC (œ-797)
Counc. Sorensen annœnoed that she has been appointed to
the Intergcvemmsnta Council DI:uq Task Farce.
At U:lO p.m., the ~ was adjcumed.
t
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þ