CC 09-17-90
CITY OF aJI"ER1'IOO, S'I1\TE OF CAL1:Ft:!MIA
10300 lUHKt; AvmJE, ~, CA 95014
TELEPHONE: (408) 252-4505
0::-798
MINl1I'ES OF '!HE RF.X;UIAR CITY OXJNCIL MŒl'DC HErD CN
SEPIDœER 17, 1990, CXXJNCIL 0iAMBER, CITY HAIL,
10300 'lut<t<l:; AVEMJE, aJPERl'IN), CALIR::eUA
Mayor Rogers called the meetinq to order at 6:47 p.m.
SAI1JI'E 'ro '!HE FU\G
A 1I'aDeI1t of silE!l'D! was obsel:ved to ha10r the ..- .IY of
Dep. Paul aJsh.
mIL CAlL
Ccurx:. PIes_íL:
Goldman, Kq1p'!,l, Sorensen, Mayor Rcgers
Came. Absent:
Szabo
staff Pres eflt:
City Manager Brown
DepJty City ClerK Wolfe
Director of Public Worlæ visJa:wic:h
Director of n-omo"'1ity Devel,¥"""IL Ccwan
Director of Finance Snyder
Director of Parks and Recreatia1 Ccwlinq
Assistant to the city Manager BI:am
Public InfcmlBtia1 Officer Rl'ey
City Att.ozney Kilian
~ - Ncne.
c:EREH:JŒAL MA:.L"1U0 - ~œs
'!he Ha10rðble Rise Piàx:.n, K.lnkip"'l Or:urt Presidinq J'Udqe,
aooepted a proclamatim decl.arin;J "o:nrtit:uti.a1 Wec!k."
Mayor Rcgers l'L i .tlðd a resolutim reoogHl.zing september
18 as "Beat the BacIoJp" day in O.1pE!rtino to Director of
Public Works Viskcvich.
ORAL a:HIJNICATIœs
Ken Kelly, 20200 Lucille Avenue, said that he and his wife
are residents at villa DeAnza. He said that City staff had
told him that residents older than 65 \oIho live in apartment
CCIIplexes wcW.d not be eligible for the senior --ption
urx:1er ~"'1I'e T, the utility ....ax measure. Mr. Kelly
SlX.Rested that a form which ¡ easy to understand and
CCIIplete be designed so that .seniors can ð.R>ly for the
exenption.
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Constitution
Week
Beat the Backu
Measure T
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Library usage
:icClellan Road
bike traffic
e
Consent
Calendar
approved
e
Mll/lJI'ES OF 'mE SEPI'EMBER 17, 1990 crT'{ axJNCIL ~
(CC-798)
City Manager Brown apolc:gized for the misinformation am
told Mr. Kelly that apartInents are residential units and
residents except those aver 65 will pay the utility tax. A
fonn is bein;¡' drafted.
Sparky Cà1en said he had a <:xIIIJlaint about the Library. He
had been escorted fran the Library by Sheriff I S deplties
am Code Enforcement Officer silva. Mr. Cct1en said he felt
that he had been doin;¡' nothin;J wr<:n:] and that he had been
treated tmfairly.
Assistant to the City Manager Brown said that Library staff
had reported disruptions caused. by Mr. Cct1en I s behavior.
She said that a¡;:parently Mr. COOen's definitim of
disruptive behavior was different !ran that of those who
Lt:¡.'ULLed the incidents.
Mayor Rogers thanked Mr. Cct1en for his information and
stated that if investigatim shewed that sanethin3 more
m-"'~ to be done, that \iIOOJ.d be dale.
Al Fuentes spake regarclinq a safety pràJlem m M::1Clellan
Road where fan- new haDes are beinq tuilt. He said he had
talked to Assistant to the City Manager Brown and to Public
Works Director Viskcvich. '!he road is situated in such a
way that there is a hazard for anyaIe ridinq bikes dcNn the
hill. He had tried to have parJdn;J restricted in front of
the new haDes. safety """"'''''IreS 1IIJSt be taken new.
Mr. Viskcvich infOI1lled Council that staff is wrJdn:] m
""""''''IreS in the area and have been in ocntact with Mr.
ruentes. stripinq will be dale t:ut there is net E!I'D.Igh
roaD for bike lanes m that part of the road. Mr.
Viskcvich will PJ: esent a staff Lt:¡.'UL L at the next meetinq
shcMinq the """"'o:ures planned.
CXR;Em' CAInID7\R
o:Jurv::. Sorensen removed Item 10 and Mayor Rogers removed
Items 5, 9 and 13.
It was!lW:Jlled by Counc. SOrensen, sec:xnjed by Ca.mc. Goldman
and passed unanimously (4-0) to i!R'rcve the balarx::e of the
0Œ1sent calerñar as ..,h,';tted.
1. Affirmative Action Annual Report. Receive.
2. Resolutioo No. 8234: "A Resolution of the city Ch.Incil
of the City of CUpertiIX> AllOio1ÍIq Certain Claims and
D 3IIaI'lds Payable in the Amc:Qrt:s and fran the Fl.IOOs as
Hereinafter Described for Salaries am Wages for the
Payroll Period Errling lI1J; USt 28, 1990."
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þ
MINl1l'rn OF 'IRE SEPl'EMBER 17, 1990 CITY cx:xJNCIL !oIEEI'ING
(œ-798)
3. Resolution No. 8235: "A Resolutim of the City Cameil
of the City of CUpertino Allarl.n;J Certain Claims and
DeIJIanjs Payable in the AnoJnts and Fran the F\In:1s as
Hereinafter Described for General and Misoellaneous
Expenditures for the Period Erdinq SepteIIiJer 7, 1990."
4. !ot:nthly Activity Report, August, 1990.
5. Remcved fran 0Œ1sent calen:3ar.
þ
6. Request for waiver of bJsiness license fees for Girl
Sowts of Santa Clara camty annual oooJde sale.
7. Resc>lution No. 8236: "A Resolution of the City Oouncil
of the City of CUpertino J\dqJtinq a Visim statement m
the Arts in Santa Clara camty. II
8. Resolutim No. 8237: "A Reøolutia1 of the City Oouncil
of the City of O,¡pert.im Makinq DBteminatiCl'lS and
Appravinq the Annexatim of Territory Designated
'Upland Way 90-05', ARn\»oi_tely 1.28 Acres IDeated m
the East side of Upland Way Betwaen Rainbcw Drive and
aù:j) RcaId, Nozman (Am 366-03-15)."
9. Rsmcved fran COnsent calen:3ar.
10. RemaIIed fran 0Œ1sent calen:3ar.
11. ~icatia1 AS1IC 51,641.2 - Delr-Ven Iiw¥J - p..q.-t for
review and ~ to ~i ~ fra1t elevat1m of an
eldstinq restaurant located at 20588 stevens Creek
BcW.evard in the c:rœsroads Shqping center.
R&..····-·ded for~.
12. ~licatim AS1IC 51,917.1 - Bauer, SheP1eni, and Rœs -
Request for review and approval to ~i~ the exterior
elevatiCl'lS of an existinq office ¡"I1i1dinq located at
21685 Granada Avenue, ~tely 100 ft. west of the
northwest cmner of Granada Avenue and In¡:1eria1
Avenue. Reo ...,-.rxJed for apprcval.
13. RemaIIed fran COnsent calen:3ar.
14. Resolutim No. 8238: "A Resolutim of the City Cameil
of the city of CUpertino Authorizing Execution of
IDprc:M!ment Agreement Between the City and DevelqJer
'lbaIIas R. Franz, 10143 Iockwcod Drive."
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I
e
Budget &
Treasurer's
Report
ABC license
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JIIþ IO-U-90, !
Smith and Smith!
MINUI'ES OF 'DiE SEPI'EMBER 17, 1990 CITY axJNCIL MEEI'IN.ì
(œ-798)
15. Resolutìm No. 8239: fA Resolution of the City CCUncil
of the City of CUpertino Aoceptirg Quitclaim Deed and
Authorizatim for l1nc!ergrcAJrxi Water Rights frail 'IhaIIas
R. Franz and Patricia J. Franz as Trustees for the
'IhaIIas and Patricia Franz 1986 Revocable Family Trust,
10143 I.oc:kwcod Drive."
16. Resolution No. 8240: "A Resolutim of the City Council
of the City of D.Jpert:ino ~ing the Final MIIp and
Inprcvement Plans of Tract No. 8325 IDeated soutœast
Corner of DeAnza Boulevard and ~ JaId,
Develq:er Mariani Group of Oœpnies Acoeptinq 0IIrtain
F"'-=-"'"'1ts; Authorizing Signinq of Final MIIp and
InproYemer.t Plans; Authorizinq the Executic.n of
1\oq¡t..e......IL in Cl...u_..--tim 'lberewith."
17. Request
O>.-her
)fooo.~ oers.
for Council directim regarding ~ of
of n--roe ,,_.J -ership dues for Council
YQ!;§ JoIo-..J oers of the City Council
AYES:
NOES:
ABSENl':
ABS'I2UN:
Goldman,
Na1e
Szabo
Na1e
~, SO:rensen, Rcgers
I'I'EM3 REH:WED FH:M cœsmr c::AIÐm1\R
5. Ma1thly 9rigPt and Treasurer's Repœ.l, A1J;Just, 1990.
Director of F.i.r1aooe snyder answm:...:l Oouncil's questia1s.
It was DK:Ned by Mayor Rcgers, &eCa'Ided by Counc. Su..__.
and I?"'ee-ad unanl:an1sly (4-0) to aooept the ...........L as
E I,h1Iitted.
9. ~licatia1 for AlcOOolic 38'.......".. Cl....L<ul liœnse:
Marina Foods, 10122 Barxiley Drive.
It was DK:Ned by Mayor ~s, a........:Jo:d by Counc. K~ and
p"e-=' UMJÚJIICUSly (4-0) to register no cDjectia1 to the
issuan::e of the license.
10. ~licatim AS1IC IG-U-90 - smith and smith - P<>qI-t
for review and a¡:proval for final larx:'<>œping,
irrigatim, and lightinq plans for a previously
approved ,_.. .!øl of an exi.stin:] bank located at the
southwest CXlrner of Rodrigues and Scuth DeAnza
Boulevard. Reo:· ....->1ded for a¡:proval.
Counc. Sorensen expr-~ CXI'1OeIT1S with the t:urninq
1IDI1E!IIIE!I1t. Director of t'roIImImity D8Y8l............1t Cowan said
that iSS'Je wculd be addressed at buildinq permit level.
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MINOI'ES OF '!HE SEPTEMBER 17, 1990 CI'IY CXXJNCIL ~
(œ-798)
Mayor Rogers .. ....-·1l.ed that she would like DKJr8 trees
ratl1er than fewer as shown 00 the drawin:J.
It was m::Ned by Came. Sorensen, sec:xrrled by Counc. ~l
and pass'9d unaniJDcusly (4-0) to ..........U'<le the a¡:plicaUm per
Architectural and site l\RJrOIIal l"'nnmittee Resolutim No.
1568.
13. ADoeptanoe of IlUlÚ.cipal bpravements:
a) Grosvenor InternatiŒlal - stevens Creek,ITantau
b) Ubaldo Perez - 22619 and 22629 stevens Creek
Boulevard
c) 'I\1la Estates - 'I\1la I.ðne
d) Rebert Sd1wartz - 11061 stellinq Road
e) Grant C. Gustavsa1 project stellinq
Road¡Rà::Iinde11 Way
staff was requested to place the 'WOrds ''No ER ~ Linq
docI""""1ts required" m the agerña when si1lli 1 ar items
~.
It was DK:Ned by Mayor Rcgers, e...ca.Jed by Counc. Kqpel and
{'<'9Md unaniJDcusly to accept the iJIpravements.
PUBLIC HE:ARnG;
18. ~liœ.tim 6-Z-90 and AbIuiI:&.......,.IL - Bruce !%win and
Carl zanger - P<><;p--t: for rezminq of ........... ~-tely .46
acres gross (20,125 sq. ft. gross) frcD Rl-IO (sinqle
family res:i.denti3l, 10,000 sq. ft. IIIiniJDJm lot area) to
Rl-7.5 (single family residential, 7,500 sq. ft.
m:iniJDJm lot area). PL'+""LLl' is located at 10572 Feltm
Way. AbimcL......,.IL of a portim of the Feltm
right-of-way (àM-IL..vI-tely 7,672 sq. ft. of ~).
Envh........../tal Determinatia1: '!he Pl.ar1ninq (h...Ii....1m
rec:> ..··-Im the grantin;J of a Negative Declaratim.
Reo .....Þrded tor approval.
(a) Resolutia1 No. 8230: "A Resolutia1 of the City
Council of the City of CUpertino ordering'Vacatim
of a Portj m of Fel <:a1 way Located So.lth of I(inJin
lane as Pravided jn Sectim 8320 Et Seq. of the
streets and Highways Q)de of the state of
califorrua. "
(b) First readinq of ordinance No. 1536: "An
Ordinance of the City Cameil of the City of
0Jpertin:> Amerxiin¡ Sectim 1 of ordinance No. 2 by
Rezaninq ~tely .46 Gross Acres Fran Rl-lO
Zone to Rl-7.5 Zone; I.cx::ated at 10572 Feltm wa}"
(Bruce !%win and carl ~, 6-Z-90)."
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h-Z-90 and
ilbandc'1ment
or Felton Way
continued
.
.
HINUl'ES OF '!HE SEPI'DŒIER 17, 1990 CITY <XXJNCIL MEE"I'IN3
(œ-798)
It was m:IVed by Counc. ~l, seoan:ied by Came. Goldman
and p"......ed 1.II'1al1.iJJnJly (4-0) to c:mtiJ1ue this item to the
()ctà)er 1 meeting.
19. ~lication 5-GPA-89 City of CUpertino
eansideratim of ameJ...bue.d..s to the follCMinq el_It...5
of the City of CUpertino General Plan:
I.and Use/ChmII"'1ity Character:
1) Addition of text and policy cx:ncerninq residential
infill Sl1lxiivisiCl'lS
2) Additim of text and policy oa.ceminq land use in
areas 10IeSt of the Utban Service Area bourx:Jary
3) General statistical Update
Public Health and safety:
1) Addition of text and policy cx:ncerninq hazarda1s
waste management
2) Update of text and policy cx:ncerninq air quality
and t'Y'WIIIn"'1ity noise d1aracteristics
3) General statistical Update
Envi1............/tal Determinatia1: '!he Pl8l'lIÙ.D1 ChmIi....im
reel .......·ds the grantinq of a Negative Declaration.
(a) Resolutim No. 8233: "A Resolutim of the City
Council of the City of CUpertino J\dqJtinq an
1wIE!Idu.:.IL to the I.and use¡n-mnrlty Character and
Public Health and safety Element of the General
Plan."
Director of ChmII"'1ity D8Y8l,¥""",L Cowan ~ S ,¡Led the staff
L~t..
Ihil Zeitman, 22907 cricJœt Hill Road, said he ~d like
the 1oIO:rd "actively" inserted before the worå "enoouraged"
in the shaded area in the margin m page 2-14 of the land
UsejChmllnúty Character el"....."L unâar the sectim titled
catholic CUJrd1 Plq)erty.
Nancy annett, 729 st.ermhl Lane, asked if this were the
last time tl1ese sectiCl'lS of the General Plan can be
adh:*~ed under B1ase II. She requested that Cameil hold
off on consideratim of the Di 'XV'9 property because there
will be JOOre p.ù>lic i1rput.
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MINUI'ES OF '!HE SEPI'EMBER 17, 1990 CIT'i ro.JNCIL ~
(œ-798)
0::x.In::. Goldman said that at this time they are not maId.n3' a
camdLuo,,¡lt en the future use of the DiOOOC'~ prcperty, t:ut
lIIE'.rely providinq narrative on what has haRJE!t1ed in the
past. I).¡rin;r stage III after the Goals Ccmnittee CXII'pletes
its task, Council will ad:iress issues.
It was IIIJVed by Counc. ~, seocn:)ed by COo.mc. Goldman
am passed unani.JIoJsly (4-0) to close the ~lic hearing.
It was IIIJVed by COUrx::. Kq:pel, seoc:nØi by Counc. Sorensen
and p"..a.>ñ unaJ'ÚJIICUSly (4-0) to grant a Negative
Declaratim.
It was DK:Ned by Counc. Sorensen, seoc:næd by Counc. I<'q:pel
and I"'ee-' l.II'1aIÚJIØ.1Sy (4-0) to a¡:prove ~licatim
5~-90 as 1I,ryH f'ied and to adopt Resolutim No. 8233
adcpt:irç the _.:b....IL. ModificatiCl'lS are (1) Page 2-14,
Ian:l U8ej/"'rwmll"'1ity Character, Catholic 01Urc:h Property -
01an;Je note in shaded area in margin to read, " . . . as an
open speloe ~ JEve or an urban park is actively
enccm-aged." (2) Page 2-28, Ian:l Usej/"'rwmllJrÚ.ty Character
- ReIIIaIIe Policy 2-3!K:, Mineral Rescuroe Elctractim.
20. Þ[p»tl of AS1IC ,..,tsim filed by Gary ~els, Sign
Designs, Inc., pertainin:J to cxn:titiCl'lS of a¡:praval of
~licatim AS1IC 51,910.1 - ARCD, 10625 North DeAnza
Boulevazd, statinq that said cx:niitiCl'lS significantly
alter the identity of the site fran ather ARCD SIIIog' Pro
facilities.
Mr. Cowan ~ SMIted a l~t to Cameil mñ stated that the
appellant was ~ T It..
Gary McDEmiels, sign Designs, Inc., 204 """'PJS way,
Modesto, "'R""llant, read a code sec:tia1 regardin] violatim
of the L<-..~.-r1t law. He said in his opWm the City had
no power to c:han;Je a registered L.. -~rk.
City Att.ozney Kilian said the regulat·on means that the
trademark can't be ~, t:ut that Council oculd
detemine the size of the sign.
Bob Milliken, franchise manager for the SIoogpzO ~"':ILaw,
said the name had been chan:Jed fran MP&G 'l\IneUp to ~o
Experts and '1'estinq and the colors have been chan:Jed, t:ut
that there had been lit' c:han;¡e in the size of the signs
which had been previously awroved by the City.
Di ~1~sion followed regardin] whether or not the signs had
been p..¡t up before an awlicatim for their a~roval was
filed. Mr. Milliken said nonnally they '-'O.Ùd seek a~roval
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i Public hearing
!closed
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Negative Dec.
5-GPA-89
¡approved. Res.
8233 adopted
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Public hearing
closed
Installation
0Wgns before,
a_cation
for approval
Appeal of
ASAC 51,910.1.
ARCO. referred
back to ASAC
.
MINUI'FB OF 'IHE SEPI'OO!ER 17, 1990 CI'IY CXXJNCIL MŒl'DC
(œ-798)
bPfore install:in:.J signs. HaNever, in this case Arco
œlieved that the cha.n1es to the sign had been done within
the guidelines placed on the previous a¡::proval of the MP&G
'I\meUp signs.
It was 1IWJIIed by Counc. Kq:.pel, seoc:n:led by Counc. Goldman
am l"'''''oo UJ1êIlÙJIIa sly (4-0) to close the pmlic hearin;J.
City Atto:rney Kilian gave the q:¡Wm that <b.mcil had no
ability to d1an;Je the ~""k to one that looks
different, oot they had the ability to enforce the sign
ordinance.
In answer to Council questiCl'lS, Mr. cowan stated that all
signs IIIJSt be approved imividually unless they are part of
a pre-~ center plan. He also said that in his
q:¡Wm Cameil had grcunjs to deny the sign because of the
color. He said that if the whole color ban:l is cx:nsidered
part of the sign, the sign is too big to CXIIIply with the
ordinance. If a1ly the part where the words are is
cx:nsidered to be the sign, the size is within the ~
ran:JB.
By 00a-..1SUS, Oouncil ~....","«1 displeasure that the signs
had been installed before an a¡:plicatim for aRX"OIfiÜ had
been filed and asked ðbcut having illegal signs remavec1.
Mr. Cowan said past policy had been to infonn a b.lsiness
that their sign was illegal and give them the cptia1 of
takin:J it dawn within a given period of time or a¡:plyinq
for "K'LU'Ial.
City Atto:rney Kilian quat:ed frail 0Jpertin0 MJnicipal COde
Sectia'lS 17.12.080 and 17.12.090 ~ ASAC's role in
"WL<Ñinq signs.
It was DK:Ned by Counc. Sorensen, seoc::med by Counc. I!"qpel
and l"'~~'9d ~y (4-0) to refer the a¡:plicatim back
to AS1IC with the follCMinq: (1) Direction frail the City
Attorney regardinq trademarK law; (2) Council 0 ····-·,ts made
at this meetin;J includinq lettinq them know that at least
two CJcu:1Cil Jofo-..~ .exs have ~ feslin]s aI:x:m: signs beinq
installed before a¡:plicatiCl'lS for approval are filed: (3)
Directim that the sign be room~ to include a1ly the
wordinq am elW11atinq the yellow ban:l across the
J:uilc:tin] .
city Manager Brown stated that City Attorney Kilian will
advise staff m haw IIIJCh discretim AS1IC has.
Mr. cowan said the aR'lication will be on the September 24
ASAC agenda. By consensus, Cameil allowed the signs to
remain up durinq the time the a~ is in progress.
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M:rn\J1'£S QF 'mE ~ 11, l<j<}Q CT1"l cmNCIL ~
(œ-798)
Mr. Kilian said Arco may want to prrrl...... evidence that
this is a registered tr;.ñøm:ork.
21. Art'"'''' 1 of ASAC decision filed by Gary McDaniels,
Sign Designs, Irx::., pert.a.iniJY;J to ocnlitiCl'lS of
a¡:prcval of ~lication ASAC 51,911.1 - ARCD,
10550 South DelI11za Boulevard, stating that said
cx:n::litiCl'lS significantly alter the identity of the
site fran other ARCD Sloog Pro facilities.
It was DK:Ned by Came. Goldman, secx:n:ied by Came. Kqpel
an:i I"'e_ed UJ1êIlÙJIIa sly to close the PJblic hearing.
It was DK:Ned by Came. Kqpù, secx:n:ied by Came. Sorensen
and p"ee«i ~y (4-0) to refer the awlication bacJc
to AS1IC for the identical review as Item 20.
22. ~lR of ASAC denial of ~1ication AS1IC
51,905.1 - Tilt Family Entertai:rment center for a
sign ~~ for the facility located in Vallco
Fashim Park, WOlfe Read sœth of I-280. Arr-l
filed by Craig B. S~, 01aiman of the Boa1:d,
Nickels an:i Dimes Incorporated
Director of """""'111ity Devel'¥""".L Q:Iwan pns!l/ted the
staff L"'i""L L.
Came. Kqpel stated that she had a real prcblem with
signs beinq ¡:ut up before approval and that she 10ICUld vct:e
against suå!. signs in the future.
Mr. Cowan ~ Oouncil's cpwtiaw regardinq size
(sign is within allowed size limits) and tot1et:her a
~ -.\. ...ary sign pemit had been taken cut (1.Il1Icmm). He
said that staff has evaluated the AS1IC fi.niin;Js and does
not ø,jL_ that the signage wculd create traffic hazards.
Frank ManJ, NicJœls and Dimes, Inc. 175 calvert Drive,
answered questiCl'lS aba1t a t'_.\. ...ary permit and WfrI the
sign was ¡:ut up before~. He said that a1ly the
"Tilt" part of the sign is up, an:i they have a ta\p:lrazy
permit for that. '!he part that says Family Entertainment
center is not. 'lhat portiœ of the sign is aboot 30t
smaller than the original drawin:;J as lee· ·...-tiIed by staff.
Mr. Q:Iwan explained staff's S1-".:f-jestiCl'lS that the nec:n
signs be downsized and 1II.1ted.
Jàm Entioott representing westfield, Irx::. , owners of
Vallco, said Westfield supports the awlication.
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Public hearing
closed
ASAC 51, 911. 1 ,
ARCO, referred
back to ASAC
(Appeal)
.
Public hearing
: lsaed
.
Ippeal granted.
ISAC 51.906. 1 ,
'il~
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MINUIæ OF '!HE SEPI'EMBER 17, ).990 CI'IY CXXJNCIL ME:E:'I'DC
(œ-798)
It was DK:Ned by Counc. ~1, secc:.med by Counc. Sorensen
and I""ðð'E!Ci \.II1IUÚJ!D.1s1y (4-0) to close the p,lblic hearinq.
Came. I<q:pel went on Ie.:::u...l that she wwld not aß)roVe
any future signs if they were p.It up before ~licatiCl'lS
for ðRJrOVal were filed.
It was DK:Ned by Counc. ~1 and secc:.med by Counc.
Soreneen that the ~licant be limited to me sign, and
that Sign B be approved in the location of Sign A.
Mr. COWan said that the typical awroac:h is to allOol a
cloth bimner as a t.eDp:>ra.zy sign.
Counc. Goldman asked if this were typical ~ùc~dnre - to
p.It a pezmanent; sign in m a t~,\ orary basis until it's
~.
City Manager Brown stated that the%e is no pem.it for a
perIIIi!InI!nt sign to be p.It up under a ~-"\' 'Lary pem.it.
staff will not allOol this in the future.
Counc. Sorensen asked if there is a þL' ~11"8 for
substantial fininq of nmir-~n ~ p.It up signs without
~. Counc. Goldman said he wwld SUW'\LL a fine.
City Attamey Kilian said there is no pr~1I'e for
i.....tin;r a +-"ioOrðJ:y pø.....it for a prmœment sign. 'Ihe
penalty for an illegal sign is to i'L' T~Ite. 'lhere is no
i'L' -c"""'e to penalize over and abave criminal law.
'lÌ~ DDtim failed wit¡, cn:ncil "",-.J oers Goldman, 5œ:et--.
and .~s dissentinq.
It was DK:Ned by Counc. s.....'..L en, seoooJed by Counc.
Goldman and p""e«l 3-1 with Counc. lfqpel ~ia~ H.Linq ~
grant the app-1 and to ðt¥L..we bath signs pm¡uant to
Planninq No' ..··...,ldatiCl'lS as follOol: Sign A: 'Ihe len;Jth
of the "Family Entertainment Center" let:1:erinq be l"""'t~
to 10 ft. 'Ihe "Tilt" let:1:erinq be z-'I"- to 3x3'.
Replace the mLuLe..1 finish backgrcund with a more
t'Y'OIf"'tible material as ~ to the tile and overall
mildir¥) materials. If the ~licant wishes to use nea'1
lights, the nea'1 tubirxJ should be E!l"""'-d or 0CIIIeI'ec1 in
order to remain in OCI'1fOl1lliUQ! with the City of CUpertino
MUnicipal Code Sectim 17.28.010 (d) . '!his wwld allOo1 the
colors of the nea'1 light to show through ~1et; have saIII!'owbat
of a IIIJted intensity. Sign 13: As it exists.
-10-
MINUl'E5 OF 'lHE SEPI'I'....MBER 17, 1990 CITY CXXJNCIL MŒI'ING
(CC-798)
23. ~licatim 2-GPA-90 arrl 30-FA-90 - CUpertÌIJO
Hotel Ventures - Request to amerrl Table 2-A of the
Iarrl Usejf'rnonl"'1ity 01aracter Elen.e¡.t of the
General Plan to in::rease fran 240 to 250 the
allowed )"IInnhør of roans within the hotel oarplex
autl10rized for site A I.In:3er said Table.
Envh....IUIt:,Utal Determination: '!be Plannin;J
camnissim rec· ....-I')js the grantin;¡' of a Negative
Declaratim. '!be prc::p!rty is located Q'1 the sart:h
side of stevens Creek BcW.evard, 300 ft. east of
Delmza Boulevard. Reo ..··-·ded for a¡:praval.
(a) Resolutim No. 8241: "A Resolution of the city
Council of the City of CUpertim ~ an
Ameudmellt to the Iarrl UsejChnrrl"'lity 01aracter
El.......IIL of the Oœprehensive General Plan."
Director of C'romIInúty D8Y8l'¥"""It Ccwan presented a staff
L"T"'L t.
Walter Hsu, QJpertino Hotel Ventures was p1: 0 S Hit to answer
questia1S.
It was DK:Ned by COme. Kqpel, secx:rñed by Counc. sorensen
and p"eðed unanimcusly (4-0) to close the pmlic hearin:J.
It was DK:Ned by Counc. ICq:pel, seoo..:Jo:d by Counc. sorensen
and p"ð~ 3-0 with Counc. Goldman aI:Jstaininq to grant a
Negative Declaratia1.
It was DK:Ned by Counc. Fqpü secx:med by Counc. 5u.L.........1
and I"'ðe-' 3-0 with Counc. Golm....'1 abstaininq to ..........we
~icatim 2-GPA-90 per PlaI'11'1inq C'roIoni -iat Resolutim
No. 4291.
It was DK:Ned by Counc. Fqpü, BeC""...œi by Counc. 5u.L....dBn
and paeged. 3-0 with Counc. Goldman abst:aini.n:J to adept
Resolutim No. 8241.
24. ~i.cati.a1 !H;PA-89, 2-Z-90 and 9-FA-90 - City of
QJpertino Ca1sideratim of General Plan
Amer.œ......L to .ÈS!gnate the CUpertino Sports center
CX1Iplex site "Parks and Recreatim" frail its
former designatim as "Private Recreatim".
Rezaninq of approximately 6.1 acres frail P
(Planned Devel~ with Residential,
Recreatia1al and In:::identa1lhnnPrcial Use Intent)
Za1e to PR (Parks and Recreatim) Za1inq
classificatim, or such other Za1inq
classificatim as ~ a¡:p~riate by the
Plann:in;J C'roIoni'''"'im or City Council.
Envh............Lal DeteImination: '!be Plann:in;J
Chnmi-im reo:'- ...._IÙS the granting of a Negative
-11-
Public hearing
closed
Negative Dec.
2-GPA-90
approved
Res. 8241
adopted
e
pec hearing
closed
Negative Dec.
for 5-GPA-39
5-GPA-89
approved
Res. 8242
adopted
Negative Dec.
for 2-2-90
2-2-90
approved
First reading
of Ord. 1537
.
MINUI'ES OF '!HE SEPTIMBER 17, 1990 CI'IY o:xJNCIL MEE:I'DÇ
(œ-798)
Declaration. '!be prq¡erty is located m the
mrthwest comer of stevens creek Boulevard and
stellinq Road (fVL....... DeAnza Racquet Club site.
Reo· ..··-lJded for awrcwal.
(a) Resolution No. 8242: "A Resolutim of the City
Council of the City of ().]per'tim J\dqJtinq an
Ame!"..:IIIc.1t to the rand Usejf'rftontrrlty OJaracter
Element of the Cœprehensive General Plan."
(b) First ~ of Ordinance No. 1537: "J\n
Ordinare of the City Cameil of the City of
OJpertim Amerxiin¡ Sectim 1 of Ordinance No. 2 by
Rezcn;n;, ~tely 6.1 Gross Ac:res frail P Za1e
to PR Za1e: IDeated on the Nortm;est COJ:ner of
stevens Creek Bc:ulevard and stelling Road, ForJ\Ier
DeAnza Racquet Club site (City of ().]per'tim-
2-Z-90)."
A staff :r:~L was prasl..t.ed by Director of f'rftontrrlty
Devel~i.L 0::Jwan.
It was DK:Ned by Counc. ~, sec:xnBl by Counc. Sorensen
and l""Iee'!!d unanbDcus1y (4-0) to close the p,lblic hearing.
It was JD:II/ed by Counc. ~, sec:xnBl by Counc. Goldman
and I""e~ 1.II1alÚIIDJsly (4-0) to grant a Negative
T'Iarol.....-aticn for ~licatim 5-{;PA-89.
It was DK:Ned by Counc. JCtypel, seoaldtod by Counc. Sorensen
and I""ee..... unanimcus1y (4-0) to ..........<.N8 ~icatim
!H;PA-89 per Planninq n--i....tm Resolutia1 No. 4290.
It was DK:Ned by Counc. 1fqpù, sec:xnBl by Counc. Su..........n
and p"eeed unanbDcus1y (4-0) to adc¢ Resolutim No. 8242.
It was IIICY8d by Counc. l&ypel, sec:xnBl by Counc. Goldman
and I"""....... 1.II1alÚIIDJsly (4-0) to grant a Negative
Declaratim for ~licatim 2-Z-90.
It was DK:Ned by Counc. Kqpel, SEIOCI1ded by Counc. Goldman
and I"""....... unanimoJsly (4-0) to ÇPl:ove ~lication 2-Z-90
per Plannin:¡ C'rwnmi....c;;ion Resoluticn No. 4289.
It was DK:Ned by Counc. Kq:pù, secarxied by Came. Sorensen
and pa!ò'~ unanino.JSly (4-0) to read ordinance No. 1537 by
title a1ly and the DepIty City Clerk's readin;¡ to
cal6t.itute the first readinq thereof.
-12-
MINlJI'ES OF 'THE SEP11J1BER 17, 1990 CI'IY cn.JNCIL ~
(œ-798)
Jd1n EOO.i=tt, Westfield, Inc., explained why they are
awlying for the signs. He said they need shq.~oeJ:s frail
all aver the region. '!be center is n:rt: visible frail the
freeway. It has good a"""""''' but J'X) visibility. Highway
280 is a major sc:uroe of aJStaners. '!he OOildinq signs
can't be seen, that is the reasal a pylon sign has been
i'L' ~. '!beir prefereoce is for the fr-.y signs.
'!bey identify the center, major tenants and are
directional. Westfield prefers the DXrIIJIIIe1It signs because
the pylon signs da1't give 1!Dtorists time to exit attar
they see them. Mr. EOO.iCDtt said that Westfield has the
~t of sears an:i Penneys. He said the project
architect was PI asent.
Ann Arx:Jer, 10185 Ellpire Avenue, said 0Jpertin0 stnlld be
proud of Vall=. '!bey brin:J UIOœIe to the ...........1TÚ.ty. She
urged that Council give Vall= every CCI'ISideratim to let
the world kr1cIw of the fine develcpœnt we have here in the
City.
Herman Hijmans L"'t'L SElItinq the 0Jpertin0 Qumh:>r of
~roe read a letter into the reoœ.d. Oouncil was
" ....-œd for beinq willinq to review the sign ordinance
next sprinq. HcM!ver, the Q\;ormhø.... believes that the
Westfield awlicatim mJSt be acted m new. Council was
urged to "M'Lav8 the sign at this meetiI¥1.
Counc. Kqpel stated that she was not . Mk S 00 to the signs
J::ut waüd like further study on the sign ordinance. She
said that in her opWm, six to eight JID1ths is not that
law;r to wait since the center has been in existeme for 15
years. She said she waüd like to see the name of the
City in the sign.
Counc. Sorensen said she felt Vall= _U~" the signs J::ut
she waüd like to wait for review of the sign ordinance.
She asJœd abcut the possibility of a t -.,. 'Lary sign.
Mr. Endi=tt said the signs are very expensive.
Counc. KcR>el ~-ud approvinq a state r.._way sign
siJnilar to tl1e me near Valley Fair.
Mayor Rcgers said that is not a state sign, it is on
Valley Fair property. She said it waüd be a year until
the sign ordinance is OCIIpleted and she felt that was an
exceptionally law;r time to wait.
Counc. Goldman salci he waüd ooject to a 68' high sign.
He ~ that maybe the PI0:-<G of the sign ordinance
needs to be aooelerated. He stated the opinim that it
was inawropriate for Cameil to listen to so many "1['1"""'1..
-14-
MINtnES OF '!HE sEPJ.'E11IlER 17, 1990 CIT'{ cnJNCIL MEFTIN:;
(œ-798)
PIANNING APPLICA'l...CNS
25. ~lication No. 15-U-90 an:!. 33-FA-90 - Rebert H.
Lee & Associates - :Qequest for use permit to
teoŒ...L<<Jct an exi.stiIJ;¡' service station with
inc:rease of b.1ildinq area frc:m 1,300 sq. ft. to
1,950 sq. ft. EnvÍLUIIWe1.tal DeteIminatian: '!he
pl.aI1l'1inq /"n'dmi....im reo ........Ids the granting of a
Negative Declaratim. '!he prcperty is located an
the northwest ~l.er of DeAnza BculevaJ:d and
Bollin:;Jer Read. Rlec..·..-·œd for ~.
Director of t"romII11'\Íty Devel'¥"""1t 0:Jwan presented a staff
LqÁJrt.
By c:a1SE!I'ISUS, Council directed staff to make sure the
1~Ì1Y:J does not i~ the view of the cashier frc:m
Sheriff's cnúsers.
Mort Sherin, unccal real estate department, told ca.mcil
that the water district has not signed off on site
cleamp.
Tony Quijalvo, o:.wtructim En;Jineer for the project, said
he had written to the water district last 0ct:dJer and had
still heard nat:hirg frc:m them.
It was 1IICMId by Came. Kq:pel, seccrdecl by Came. sorensen
and p"'~eeð unaIÚJIIO.ISly (4-0) to grant a Negative
Declaratim.
Negative Dec.
It was 1IICMId by ca.mc. Kq:pel, ~ded by Counc. sorensen
am p.-eE'ed unaIÚJIIO.ISly (4-0) to COWL"'" ~licatim
l5-U-90 per planninq """",",,i-im Rssa.:t.utia1 No. 4288
amended to include a c:x:niitia1 that the applicant be
required to include a "gatøey to 0Jpertin0" sign øimi1ar
to the a18 nq.Uzed by Taco Bell m the . »oCSite side of
the ..L<rlt. ca.mcil:requested that the applicant work
with the water district board.
15-U-90.
Robert H. Lee,
approved
~c:: 8::>0-8:55 p.m.
~ AND SITE APPR:JI1AL CXHŒ'l'ŒE APPLICATIœs
26. ~lication ASN:: 51,908.1 - Westfield In:x>J:p:>rated
- Request for review and ~ of a sign
e;,.. "1.'Lim for a ncn-b.1ildinq mcurrt:ed freeway
oriented sign for an exi.stiIJ;¡' regional shq:pinq
center located at Wolfe Read between stevens Creek
Boulevard am I-280. Reo:- ........œ:l for denial.
Director of Cammmity Develcpnent 0:Jwan presented staff's
L~lIlIt:ldatim.
-13-
MINUI'ES OF 'mE SEPIDœER 17, 1990 CIT'l croNCIL ~
(0:-798)
of the sign ordinance. 'Ihe IIDre /\SAC decisions eouncil
overturns, the IIDre a~s are enc:curaged. He said he
felt there was no justif!.catim to override ASH:;
r..........uu""ldations.
Mayor RcxJers said AS1IC has made tedmical decisiCl'lS and it
was up to Council to make an eoculdÍc one. She said
Vallco ca;)'t be <YWIp'Ied to any other institutim in the
City. Cameil has the ability to help. ~ the
JDCI"JIJI'Œ!I1 signs are preferable.
Came. Sorensen asIœd again a!:JQrt: t~''l()J:azy signs.
eounc. Goldman said he wa.tl.d still \.1IiX>ld the AS1IC
J:...............ldation.
It was m:wed by ownc. Goldman, seocn:ied by Counc.
Sorensen and I"'e....... 3-1 with Came. ~ clisse:ntirç for
the reasa1S stated earlier to refer the matter to
ArdUtec:b.Iral and site ~ Q:mI\ittee for them to
again look at the mcn.IIIIe1"It signs a1ly; direC!tim """ùd
include a EI'-ry of taUght's r'li..'.."....im and inclusia1 of
the 1oIOrà "CUpertino" m the signs.
Came. Sorensen stated that AS1IC has a unique "J:¥'Lt..mity
to oc:me up with ,ñA:o.. they wa.tl.d like included in the sign
ordinance.
27. ~licatim AS1IC 51,199.15 - IJJCky Stores
Request for ~ to shorten the horizcnt:al
len;th of sound wall adjacent to the tnIck deck
sezvinq an existinq retail center located at the
northwest quadrant of DeAnza Boulevard and
M::Clellan Read (M::Clellan Square). Pee, ....-·ded
for denial.
'Ihe staff Lq.óL t was presented by Director of n-mnrlty
Devel,¥"""d.. Cowan.
steve O1ristian, aråú.tect 1IICrki:n:] with IJJCky Stores, said
he thaIght that iDplementing staff's ~m of ~
up the winq wall rather than remaving the section wa.tl.d
achieve the desired results.
Anne H:Jore, 10364 Paradise Drive, said that part of the
pràJlem is noise fran the rxrrveyor that carries the boxIes
fran the tJ:ucks. Truc:Ics have been 1.D1loadinJ for years,
and the E!lV3'ines aren't turned off. In her opinim,
nothinq wa.tl.d be gained £ran charY;Jirg the wal1. Ms. Mxn:e
showed Cameil copies of letters fran Cali and the garbage
cx:rrpa..f sayin:J they were aware of the ordinance am wculd
abide by it. However, garbage tJ:ucks !'XU oc:me
-15-
ASAC 51,908.1,
Wes':field,
referred to
ASAC
MINUTES OF 'mE SEPI'ŒBER l7, 1990 CITY CUJNCIL ME:ETIN;
(œ-79a)
at 5:30 a.m. 'l11e ordinances were ~ed to be designed
so as to eliminate loopholes, ì:ut I..ucky has found
l~les. For '""""T1e, Ms. M:x>re said trucIœ! arrive at
5:30 a.m. b.1t don't actually begin unloadinq until 8:00
a.m.
Ran:ly Nemec, 10374 Paradise Drive, made the followin]
points: 1. '!he zoning oroi.nanoe is net 00eyed or upheld;
he cited violatiCl'lS that he had 1.<¥'LtecJ.. 2. Tlucks are
net the a1ly sam::e of noise - ~'T~ing, forX1.ifts,
enployees, beer parties - 24 hours a day, seven days a
week. 3. '!here is also noise fi:aD unloadinq a1to the
a:mveyer rollers. Mr. Nemec; said residents need
I.II'Xiistumed sleep. He as.1r-' Council to u¡i1old the AS1IC
z:uling and hold IJJcIcy and the landlord respor¡sible and
suggested that the recycling area be DK:Ned and that U\GCX)
and the m-"fers be restricted to certain haJrs. Maybe
treadles and "!peed Þ"'I"" in the alley and parking lot
oculd be used. ÐIplayee parldnq and after haJrs traffic
needs to be ocntrolled. '!he City shculd l8\IY stiff
penalties and hold IJJcIcy and the landlord aoccuntable.
Maybe fI.uñinq for a sea.1rlty force shculd be prcwided by
the owner and tenants. Mr. llemec; .,.,.....itted~.
Bill Hoffman, manager of the IJJcIcy store, said he was
aware that there was an CO]Oinq problem bIt denied that
the trucks are there before 8:00 a.m. He said that he had
never been oc:ntact:ed by either Mrs. K::.óL.. or HI". Nemec;.
Mr. Nemec said that Mrs. L.....'s oœplaints hadn't been
made to the manager.
Mr. Hoffman said he was wUlinq to talk to the neighbors.
Mayor Rcgets said it '''It'''''''~ that there was need for
better enfœ:ce.u£:.Jt and that the manager 1oIOrk with the
neighbors.
Mr. Hoffman said trucks have diffiaùty getting in, that's
Wiry they had requested the 1III'rlif'ication to the wall.
Came. Goldman said he waüd favor takinq no action until
a meetinq with the store manager and the residents,
facilitated by staff, had taken place.
Mr. Nemec stated that it is net just IJJcIcy trucks ì:ut all
the delivezy trucks that cause the problem. '!be landlord
shculd also be involved in the pl.>("<'C'a. Mr. Nemec said he
has retained legal camsel.
Came. Goldman said he still wants ev&ybody to get
together .
-16-
MINl1I'ES OF '!HE SEPI'EMBER 17, 1990 CTIY a:wCIL MEE'I'IN:ì
(œ-798)
Ms. M.Jou, said she met with 'd1e manager of Ral¡i1's (before
the store èwoo ....nA lJJcky) and neighbors and evezyone had
a.,¡L..e..l that the smaller truc:Jœ ca.ù.d deliver to the ftaIt
of stores. '!hen I.I..Icky came in. She said Sheriffs
Dep.rt:ies think that the ordinance is mt !:Iein;¡' violated.
came. Goldman su:}1eSted that neighbors set up amt:her
meetinq with the new management.
Mrs. MooJ:e said she had talked to the fODDer manager ani
he had ignœ:ed her. She called the district manager ~
sent an observer. 'I\/o weeks later she received a call
st.,,~-tinq a meetinq and ayL.......eI.t with the new manager.
'lhings were all right for a Wile after that, then he
'oIOUldn 't talk to her any more.
came. Sorensen said she was inclined to wait on this
awlicatim until the parties can meet.
Counc. J(q:pel supp:>rted that the parties meet, b.1t stated
that she also S\.JRX)rted ASlIC's :r:e.::- ....""'1datim for denial.
Mayor Rcgers said she wasn't sure that an:Jling or
shorteninq the wall were the best fixes for the prà)lem.
Assistant to the City Manager Brown said that if neighbors
feel they aren't getting a respcI'ISØ frail the Sheriff they
sbculd CŒItact the City. staff can make Sheriff's
deputies more aware of the regulatiCl'lS. Ms. Brown stated
that there had been no CXIIplaints to COde EnfOl..........1t
regardinq this prà)lem in four years.
Mr. NEmec; said when the prà)lem cxx:urs, he v.mts i"""""'bte
help, not to wait until day time when COde Enfo:r:œme¡1t is
av>oil~le.
It was DK:Ned by Came. Goldman, seccn:3ed by Came.
Sorensen and passed UJ1êIlÙJIIa sly (4-0) to ct1'1time the
"11"1'"""1 for 60 days; to direct staff to meet with the
residents, the landlord and the major tenants to work cut
an equitable methcd of how the prà)lem can be resolved; to
direct staff to report back in 60 days with a respa'ISe
plan; to direct the parties meetinq to look at an
alternative to the present situatim with the sam wall;
and to direct that durin;¡' the 60 days the ordinance be
enforC$.l to a more effective dé,µ.~, both by the Sheriff
and COde Enforcemellt.
Counc. Goldman su;]gested that the manager of I1lcky meet
with staff so he understan:is the ordinance.
-17-
ASAC 51,199.15,
Lucky, contin-
ued for 60 day'
Parties to meet
MrnIJ'!'ES OF 'mE ~ 11, 199Q CTI"í CIL1tCIL ~
(œ-798)
Came. Sorensen said the City Manager sha..ù.d =tact the
Sheriff.
Mr. Cowan or Ms. Brown will be in touch with Mr. Nemec
this week.
UNFINISHED RJSINESS
28. Na1e.
Næ RJSINESS
29. CCIIplaint ~ noise intrusion of machinery
frail day care center in the vicinity of 5ta1ydale
Drive, Mr. Richard M. IJ.eberman.
Mr. Richard IJ.eberman said that he and his wife, Elaine,
have lived at 10261 sta1ydale in the crestcn a~ for
eighteen years. He gave salle bac:Jçgroorx:l of the p;:à:>lem.
Air ocn:iitiminq and heating units are near his pr'q)erty
line and he had been told the units oculd not be
relocated. '!be SChool District said there WêIS vezy little
they could do. Later they came back arñ said they oculd
IIICVe +j- _ 1:uilð.L-g and place shrul:i:Iery aIUII'Xi it. A year
and a ualf later it went in. Mr. IJ.eberman said they have
been faced with the noise for a year. He had been told
that the hcurs of operation for the center would be 7: 00
a.m. to 5:00 p.m., I:ut in reality it operated frail 6:00
a.m. to 7:00 p.m. He had held a meetinq with salle of the
Bœrd -~ -EElS in his back yard and they had said they
WQ1].d not like the noise in their yards. A realtor had
written a letter saying that the problem WQ1].d affect the
value of the prcparty. Mr. IJ.eberman said the District
had no right to i:øpin;¡e a1 the privacy or value of private
pL'+""Lty.
Mr. Li.ebexman said that barriers had been 1:uilt Q1 the air
ocn:iitiminq I:ut that did not solve the problem. He had
called many officials inc:l\ñinq Yvette Del Prado, Mayor
Jctm Plurgy and SChool Bœrd ...........~ .ea. He felt that he was
c:au;¡ht in a bJreauc:ratic nightmare. 'the inside noise
problem has finally been solved - they keep their wimaws
closed. art; the wtside noise problem still exists. He
felt that the response by officials had been vezy
inadequate .
Assistant to the City Manager Brown said that COde
Enforcement had gone to Mr. IJ.ebennan I s arñ taken sam
~. '!bey had not detected noise ordinance
violations.
-18-
MINtJI'ES OF 'lEE SEPI'E1o!BER 17, 1990 CITY CUJNCIL MEE:I'DC
(œ-798)
City Attorney Kilian said tbat the Sd1oo1 District is
subject to the health and safety ordinances and tbat Mr.
LiebenDan can seek private action against them as a
!'1I..IÍsan:::e to be abated.
Came. Sorensen said it 'NWld be .........."¥Liate for this
matter to be referred to the Sd1oo1 Board and asked if
there had been a p..Iblic hearing before tbat body.
Mr. LiebenDan shewed Council a letter written by Counc.
Szabo to the District.
Came. Goldman asked if Mr. LiebenDan had a solutim, and
he said the units oculd be eI'Y""II""'.1lated.
Came. ~ said Mr. LiebenDan shoold pl S.!1Jt. his case
to the Sd100l Board, not City Council, as the body that
oculd take actim.
Came. Sorensen asked tbat cede Enfu..............L check the
sound levels again.
Counc. Goldman also ~-œd tbat Mr. Li..L..........n p.¡t forth
his case to the Sd1oo1 Board as he had to Oouncil, give
them an "M'ULl..mity to act, and if he didn't get results
to OCIIIB back before Caln::il.
30. FA;. .._._Iadatia1 fraD Parks ard Recreatiat
rr-i -1m regarding QJpertino Sports Center
Master Plan rr-ittee.
Director of Parks and Ra.u:eatia1 Ccwling said he had J'¥)
aà:litiCl'lS to the written L~ and was _i bhl. to
answr questiCl'lS.
Counc. Kqpel said she 'NWld like to see bio Council
!fo-..~ .era on the lY'O'/OIIittee, makinq a total of eight -...J era.
Mayor ~& a¡:p::Iinted Council }oTo....~ -fi8 Sorensen and
Goldman to the lY'O'/OIIittee. She will be in ta.ICh with the
~.r of ('0 ....~> oe president to ask them to a¡:p::Iint a
.-mer with sports backgroun:1.
31. Report m Þid openirg and award of CXI'1tract for
Traf:ic Signal Emergency P1.~L1m System,
Project 8602D.
Director of Public Works viskcvich clarified the staff
r............ermtim.
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Counc. Soren-
sen and Gold-
man appointed
to Sports
Center Master
Plan CODDDittee
.
Traffic Signal
Emergency
Preemption
System, Project
8602D -
Steiny & Co.
.
.
MINt1l'ES OF 'lliE SEFTEMBER 17, 1990 CITY a:uNCIL MEFrIN:;
(œ-798)
ccunc. sorensen asked staff to follow up with the
Sheriff's Department regardin; participation in the
project.
It was DK:Ned by Counc. ~, seconded by ccunc. Sorensen
and Feeed unan.im::Jusly (4-0) to waive the irregularity
regardin;J test results: to award the project to steiny and
co., Inc. J'>:><>ed on the lowest bid received: to authorize
~illture of $150,000: to authorize staff to appraII8 a
d1an;Je order adclirJ;J $46,997 to the v..IIlL..dCt to include all
intersectiCl'lS when the funds are ~ by the Board of
SUpervisors: and to direct staff to add stevens Creek
Bculevani at Blaney Avenue to the list of locatiCl'lS where
the system will be installed.
32. P-l-t for authorizatioo to Uplement peI1IÙSSive
left turns.
Director of Public works visJa:wicn 14 s mLed staff I S I18Ii
~ . ····-Idaticn wtU.cn was for a focus graJp to review the
device and make a reo ....-mtim to the Traffic Reductia1
n--ittes to brinq to Council before UplE111E!lJt:inq the
device m the streets. Mr. Viskavicn asked for Oouncil
clli:ecti.a1.
ccunc. Goldman said this wt'A.Ùd be a mUque signal in the
state. '!he Traffic Reductim n--ittee had agrll!led to
CCI1t:act the City Att.ozney re its use.
City Attorney Kiliðn said the Vehicle COde states that
local .."......1es do not detemine signage to be used.
Den Froliå1, 22276 Hartman Drive, said the existinq
calL..CI.,8 ..........--.h to peI1IÙSSive left turn is a OjL_1
ball. '!he n--ittee felt this was dangercus and felt the
new sign with an aã:litia1al infomatia1al sign was sater.
PeJ:baps Oouncil nr-~" to oc:ntact: legie1atars regardin;J the
possibility of a bill to use the sign m an experimental
or dema...L..cd.ia1 basis. '!he Traffic Reductim n--ittee
thinks it is iDportant to pI~'.
ccunc. Goldman said he wt'A.Ùdn't 1IIiM callinq the
legie1atars.
Mr. VisJa:JVicn said it is a lenfthy pIO<-'a to get a device
~ by the state. He expla.i.ned the reasons for
choosinq Portal: '!be o:mnittee wanted to use the device
an stevens Creek Boulevard to make the inte.roannect: flow
better, and R>rtal is the least travelled cross street.
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HINUr.8S OF THE SEPIÐœER 17, 1990 CITY CXXJNCIL MEE'I'Il«;
(œ-798)
city Manager Brown suggested taking the idea to caltrans
and the legislators cancurrently and doing tests withalt
risk to see if the sign is underst:an:!able.
Mr. Frolic:h ~-ted t.aJ.Jd.m to legislators first an:i
askirx¡ them if we shculd go to caltrans.
Mayor Rcgers, Counc. Goldman and possibly a staff ..-..~ er
will oc:ntact state legislators an:i caltrans regarclirg
a¡:proval of the device.
33. Repent regarãin¡ tree plan for Los Arcos project
m Gardenside Lane.
Director of rnm.11Ú.ty Devel,¥""",t cowan p1.ð.._,Led
I::IacI<gJ:oond m the matter.
Mr. Zincvy Ficbtenholz, 11458 Gazàen Terrace Drive, shewed
the locatim of his boose in relatim to the devel'¥"""lt.
By 0a1SeI'ISUS, Oouncil directed staff to oc:ntact the
applicant to deteœine if he 1òCUld voluntarily agree to
shift a tree into a locatim that woold meet Mr.
Ficbtenholz' àJjective.
34. ~L L.u.:.,L of cnmcil -·~.eIS to Human Services
lhmIittee.
Public Infomatia1 Officer Krey expbir,ed the fun::tim of
the lhmIittee. She said there are t101o Oouncil ~ in
additia1 to the City Manager and herself m the C'rImIittee.
Mayor ~s l!RX>inted cnmcil )(o-..~ e1:S Sorensen and
C-....lmn..I'\ to the lhmIittee.
WRlTI'EN CXlHJNICATIœs
35. None.
œDINANæS
16. St.u..od readinq and enactment of Ordinance No.
1526: "An ordinance of the City Call'lCil of the
City of CUpertino Amerxiin¡ sectiCl'lS 10.26.090,
10.26.100, 10.26.110, 10.26.120 and 10.26.130 of
the CUpertino ø.micipal COde, False lùazm Service
01arges. n
It was moved by Counc. Sorensen, seoc:n:Bi by Came. Kqpel
and I"'e~'Bd unan1mcusly (4-0) to read Ordinance No. 1526 by
title only and the DepIty City ClerK's reading to
constitute the e.e.ou...I readinq thereof.
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Permissive
, left turn
device
Tree plan,
Gardenside Ln.
Counc. Soren-
sen and
Goldman
appointed to
Human Services
Com.
Second reading
of Ord. 1526
e
Ord. 1526
enacted
Second reading
of Ord. 1535
Ord. 1535
enacted
.
.
MINUl'ES OF '!HE SEPl'EMBER 17, 1990 c:I'lY o.:uNCIL MEE:rIN:;
(CC-798)
It was IDCIIIed by CIWrY:. ~1, secx:n:Jed by Counc. sorensen
and pae'5'ed UJ1êIlÙJIIa sly (4-0) to enact 0J:'dimn0e No. 1526.
37. Seccn:i ~ and enactment of 0rdi.naJx. No.
1535: "An ordinance of the City Oouncil of the
City of 0Jpertin0 Amen:iin;J the O,¡pert.im !bùt'!jI""1
Code to In::lude 0Iapter 2.84 Envira1menta1 RBview
/'nrni ttee. "
It was DK:Ned by CIWrY:. Koppel, secorded by Counc. Goldmeln
and pEl9'5'ed ~y (4-0) to read 0rdi.naJx. No. 1535 by
title a1ly and the Dep1ty City ClerK's ~ to
constitute the seocni J:'82Idin:¡ thereof.
It was DK:Ned by Counc. ~l, secx:n:Jed by Counc. sorensen
and I""~~ed UJ1êIlÙJIIa sly (4-0) to enact 0rdi.naJx. No. 1535.
RæOII1l'Iœs
38. Ncne.
S'mFF 1(t;tU(.I.::;
39. Oral L"'iJVlts by staff _.Las.
CXXINCIL 1(t;tU(.I.::;
40. Mayor Rcgers stated that Ocurx:il shculd _
. M^JSitiCl'1 to PL' ~itiCl'lS 126 and 136 a1 the Nav ~ «r
ballot.
42. Counc. ("~"""""1 - Traffic Raducticn /'nrnit;tee - He
L"¥JLLed atten2noe at a reqia'Ial leadership fOIUll1 held at
stanfo:m.
43. Counc. Sw...._. said she had attended the senior
volunteer lunc::hea1 and (> ........xJed the seniors. She
po.:. ....-ded that evmya18 see the IiIDtos a1 exhibit at the
()únlan CBrt:er. Counc. sorensen said the Japanese visit
is såIeduled octcœr 5-8.
Director of Public Worlœ Viskcvicn J:"L II . .Led a staff
L"'iJVl t regarding ooogest.ia1 ~It.
At 11:25
Sept _.~ --
Hall.
p.m. , the meetinq was adjourned to MŒ1day,
24, 1990. 7:00 p.m., 0:II1f""...106 J¡ocm A, City
/)
X6.4lk (¡)~
Dep1ty City Cler
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