CC 11-19-90
t
CIT'i OF aJPERI'INO, STATE OF CAI.IFI:JmaA
10300 'lut<k<J:; AVEMJE, CXJPERl'll«), CA 95014
TELEPHONE: (408) 252-4505
cx:-a02
MINUI'ES OF '!HE REX>UIAR CI'lY CXXJNCIL MŒl'DC HEm œ
NOVEMBER 19, 1990, CDJNCIL 0iAMBER, CI'lY HAIL,
10.:;00 'lOk!<t; AVEMJE, ~, CAI..IR:RŒA
5AllJI'E 'ro '!HE f'L1\G
'!be meetirg was called to order by Mayor ~ at 6:45
p.m.
mIL CAlL
Ccunc. PL suit:
Goldman, Rcgers, Sorensen, Szabo, Mayor ~
.
staff Pnse-Jlt:
City Manager Brown (arrives 8:25 p.m.)
City ClerK Camelius
Director of Public Works ViskDvi.ci1
Director of rnm.11Ù.ty Devel'¥"""tl. Cowan
Director of Finance snyder
Assistant to the City Manager Brown
Director of Parks and Ra:...L..atia1 Ccwlinq
Public Infomation Officer I<:rey
City Att.ozney Kilian
~
Items 17 an:1 23 to the meetin¡ of JatU1iny 2, 1991. Item 20
to January 7, 1991.
It was DK:Ned by Counc. Rcgers, seoa.:Jo:d by Counc. Sorensen
and I""'~~~ unaniDoJsly to CXI1t.ime Items 17 and 23 to the
meetin¡ of JatU1iny 2, 1991, to CXI1t.ime Item 20 to Jan.¡ary
7, 1991, and to oalSider Item No. 18 at the st1ñy session
(November 29, 1990).
CEREM:::!ITAL MAn~ - PRFSmI'ATICR; - Na1e.
ORAL CXHUNICATIOOS - None.
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þ
e
MllIU!'ES OF 'tHE ~ 19, 199Q, mJ.¡1J>.R ClT'{ m.JNCIL
MEEl'ING (œ-a02)
Consent
Calendar
c:x::NSENr CALENDI\R
Counc. Goldman removed Item No.8. It was meved by ca.mc.
Sorensen, secarrled by Came. Rogers and r""~~Ðd unaniJoously
to awrove the balan:::e of the Qn;ent calerñar as
suJ::rai tted.
.
1. Monthly Activity Report, October, 1990.
2. Ucnthly Treasuret"s and 9.x get Report, oct.à:Jer, 1990.
3. Resolution No. 8272: "A Resolutim of the City ca.mcil
of the City of QJperti.no Settinq Date for Public
Hearinq to O:I'1sider Adcptim of the 1989 Revisim of
the santa Clara cnmty Solid Waste Mana.r'-'IL Plan."
4. Resolution No. 8273: "A Resolutim of the City coun::il
of the City of QJperti.no Authorizinq ExJecIItim of
h;¡1:eesu...IL BeboiUh the City of 0Jpertin0 and Jmes Hall
Hill and ~te for Special T""Jal 0CUI1sel Sezvioes in
Cu:.....ctim with certificates of Participatim."
5. Resolutim No. 8274: "A Resolutia1 of the City Council
of the City of QJperti.no Authorizing ExJecIItim of
Agreeu.e4IL BebJ8en the City of 0Jpertin0 and Rauscher
Pierce Refs.nes, Inc. , for tJnjeJ:wrltinq Sezvioes in
Cu:.....ctim with the F:inan::inq of the Blac:kberJ:y F!mD
Acquisition Project."
6. Resolutim No. 8275: "A Resolutia1 of the city Council
of the City of O,¡pert.im Aß1ravinq Q:Jntract 0Iarge
order No. 1 for Traffic Signal !b:lification, Valloo
ParK Wolfe Read, Project 5005."
7. Resolutim No. 8276: "A Resolution of the City Council
of the City of CUpertino Aß1ravinq Q:Jntract 0Iarge
order No. 2 for K::Clellan Read stem Drain, Project
91-102."
8. Renx:Jved frcm the Consent Calerñar.
9. Request for awrq:¡riation of $20,000 to establish the
Minor storm Drain IDtJrovement F\m:i.
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.
}.ITNUl'ES OF 'mE ~ 19, 199D, RmJ1AR Cl'IY cnJNCIL
MI:..'?ITNG (œ-802)
10. 1\a::ept:ance of mmicipal i:JrprovE!lllE!lIt.s:
a) Rae lane Associates, single-family dwellinq m Rae
lane.
b) Terry Brown project on Granada Avenue.
(No ,,¡,y.,"""rrt:ation N'OeE'e~ry)
11. Request for partial waiver of fees for the I.euIœmia
Society of America use of the ~an Call1lmity Center.
12. Request for partial waiver of fees for use of Quinlan
ChmII"'Iity Center by the Hcmestead High School Athletic
Booster Club.
13. Request for waiver of bJsiness license fees for senior
class at Hcmestead High Sd1oo1.
14. AR,n'oVa1. of work plan for Parks and Rec::reatim
rnnni....im.
15. Resolutim No. 8277: "A Resol1tia1 of the City Oouncil
of the City of CUpertiIX> AEad.n:j Certain Clalms and
DeIIIan3s Payable in the Amcunts and Fran the PUnds as
Hereinafter Described for Genel.-al and !ofi.......llanecus
Expenditures for the Period EI'ñ.in¡ NovElli-. 2, 1990."
16. Resolutia1 No. 8278: "A Resolutim of the City Oouncil
of the City of CUpertiIX> Allad.n:j Certain ClaiJœ and
DeIIIan3s Payable in the Amoonts and fran the PUnds as
Hereinafter Described for Salaries and Wages for the
Payroll Period EI'ñ.in¡ NaIr.......... 6, 1990."
ITEH:; REMJVED PR:H a:tISENI' ~
8. Request for ðß4...¥datim fran park dedicatim fund to
pay Seven Springs HaIIeowners a"9OC'iatim dues for
city-owned lots.
Counc. Goldman asked questions regardirg the City "'~9 to
the open space and rec:reatim facilities in Seven Springs
and 10hy the City was bein;J charged back dues.
Director of Public Works Viskavich said that dues are
required by the Haneowners Associatim COzporatian. '!he
City III.lSt pay and has the same rights as other bane owners,
no more. '!be state law allows for so many persoos per
unit. '!he City has foor lots so a certain l1UlI1ber fran City
Hall could prOOably get haDe owner's passes to use the
facilities. Mr. D::Mlin; is talking to le¡,..L :sentatives of
Seven SprÍ1x3S.
-3-
Seven Springs
BOA dues
·
·
lestfield apps.
·
MINt1I'ES OF '!HE NOVEMBER 19, 1990, REX>UIAR CI'lY CXUNCIL
MEFrING (œ-802)
Director of Parks am Recreatim I);:Jwlinq said he has tallœd
with the ~11t fim and they are oa'lfd.derinq allowirq
AYSO prllctioe there at $50.00 per use.
came. Goldman asked if there were limitatia1S m the
rnnnhørs of persaIS a haDe owner owld have at a party held
at their facility. He felt that the City shoold net pay
anythirç until \18 knew the rights of "'""'JP. He also
requested a L"'t"'LL regardinq credits given for cpen qp--.
If the develcp!r received credit, the <:pm ~ shculd be
made available to all in a reasmable way.
It was 1IICNed by came. Goldman to 0ŒJtinue 0CI'1Sideratia1 of
this item to the next regular mest.in;J m ""","-·"oer 17 and
that the staff provide a L"'t"'L t. providinq the infomatim
he has requested.
Mr. Ccwlinq said that there had never been a 0CIlditia1 that
the cpn epaoe at seven SpriDJB be public.
came. Goldman told staff he wanted a l"'t"'LL whic:i1101QÙd
include infomatia1 regardinq credit given and the rights
of~.
'!he motiat was SEIOa1ded by Counc. Sorensen.
Director of Finance snyder said that the City is required
by law to pay.
Council also requested infomatia1 as to whether or the
owners of other vacant lots, includirlq '!he Gl~:I Group,
are paying the A"""<X"i"tia1 dues.
City Att.ozney Kilian sd.d that as" ~ 4r8 of the ~
./lssociation, the City can see the books of the
organization, serve as board _..~ .ezs, and have other rights
and privileges as per other heme owners.
'1he motion was adqrt:ed unanimcusly.
roBLIC :HFARIJQ;
17. ~licatiCl'lS 2-GPA-89, 7-Z-90, 9-U-90, l-Dll.-90 and
::'7-EA-90, westfield, Inc. - General Plan Amendment to
increase the devel,¥""" ,L cap for the Valloo Fashim
Park regional shc:IwiJ'ç center frail 1,385,000 sq. ft. to
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MINUl'æ OF 'mE OO'mmm l~, l~c}(), ~ rni 01JNCIL
MEE."l'ING (œ-802)
1,645,000 sq. ft.; RezaúIJ;J of apprmcimately 5.9 acres
at the southeast corner of WOlfe ~ and valloo
Parkway fr..a P (ex;, ML, Office, Hotel) Planned
Develq:.mer.t with I'hmIPrci.a1,lLight
IndustrialjOfficejHotel intent to P (ex;, MI., Office,
Hotel, Regimal Shq:ping) planned Devel,¥""",L with
I"'nInnPrcial/Light IndustrialjOffioe¡'HoteljRegia1al
~inq intent; Use Petmit to allow net expansim of
the Valloo Fashim Park regia1al shqJping center for
260,000 sq. ft.; Devel'¥""".L Ao,¡L_1t betwnr. the City
of Q.Jpertino and Westfield, Inc. to .......Ire fUture
devel'¥""".L of said Valloo Fashim Park aO:><:ILdiD;J to
land use entitl.........1ts granted by the City for a fixBd
time pericxl in exd1an:Je for defined p.1blic benefits
granted by Westfield, Inc. , an:1 prcvidinq for other
benefits and œ1igatiCl'lS to the signatories to said
ðyL..........It. Envh"'lIlIIOllLal DeteJ:minatia1: 'Ihe Planning
l"'nNni ....im r+ . ........-œ the grantinq of a Negative
Declaratia1. Rsc- ..._.~ for ~.
Previoosly ocntiraJed to JarJ.Jary 2, 1991.
18. Aœ-l of ocntitia1S of ~ of awlicatim AS1IC
51,908.2, sign p1:'-";Law for Valloo Fashiat Park, Wolfe
~ betu6m stevens Creek Boulevard and Jbrt:e 280.
JlWeal filed by Jå1n E. Erxiioott, westfield, Inc.
Previously ocntiraJed to the study sessim.
19. ~licatim AS1IC 51,908.1 - westfield, Inc. - ~'-t
for L"'T"L t of the Architectural and site AßIroval
l"'nNnittee regaJ:dilç a sign exœptim for a ncn--Þ1i"'i~
JIDD'1ted [1:: = ~ rq oriented sign for Valloo Fashia1 Parle
reqia1al sbq:pinq center located at WOlfe JbW1 beD;" en
stevens creek Ballevard an:1 I-280. Reo:> ··..-·ded for
denial.
Director of f'rwmo1l'1ity Devel<.¥U='1t ea.rcm reviewed the
~lication with Council.
Jàm Erxiioott, LqJJ:!Sæltin;J Westfield, Inc., gave the City
Council ~ letters of support for the 1'L~sed signs.
Westfield is aski1q for the sign becal15e the ~iD:]
center cannot be seen frail the freeMay. '!he a1ly other way
wœld be to remove existinq trees. '!he a.,.......,.. to Valloo is
good, wt visibility is~. '!he sign will also
serJe as a refE:L...ìOe point to the CY'ft111111I'1ity. Mr. Endicott
pointed art: the location of the proposed signs and anst..æ:bJ.
questions reqardin;J the height.
-5-
ASAC Sl,908.l-
Westfield (sig
~
.
Public hearing
closed
App. ASAC
51,908. ]
approved
.
MINUI'ES OF 'IHE OOIJEMBER 19 , 1990, RmJI.AR CI.T'{ CIJJNCIL
MEETING (œ-802)
Mr. COWan stated that they will be seen by the neighborhood
to the sooth.
Mr. Endicott replied that the area is mostly ..........-==ial
with few residences.
Mr. COWan suggested that trees be planted to block the
signs !ran future haDe owners.
Mayor ¥~ told Mr. Endicott that it was not r- _esry
for the sign to say "City of CUpertiIX>" , b.It siDply
"CUpertino" wculd be geed E!I'II:'U]h.
Mr. Endicott a<p:eed to that chan:Je.
Terry Ferrera, project aràútect, p1:! S Ulted P1Otos of the
exist.in.J site and colored ren1erinqs of the sign. '!he
IIa'1IIIIel1t sign will have a oaaete base and the backgrourñ
be pale terra cotta, not pink.
Tandem has BU..:",_ted the sign read "Vallco Reqimal
Slxg>ing and aJsiness District".
Allan Bidwell, resident aJ1:b~, QJpertino, and manager
of J. C. ~ at Vallco Fashim Park, spoJœ in SlM'ILL of
the signs.
Q)arles N9I-", 0Jpertin0 resident, ŒN Real Prq erty,
Vallco Park, said for many years he has felt the need for
better signage at Vallco. It is ditfiOJlt for pecple
0CIIIin:] there the first time to fin:!.
Gw.dL... Frolid1, 1202 Belknap Cb.1rt, also spoJœ in SUM> ILL
of the signs.
It was DK:Ned by Ccunc. S01:e.¿i en, seoa.Jed by COUnc. Goldman
and ~""9d unan:i:mc:u;ly to close the JÙ)lic hearinq.
It was moved by Counc. Sorensen, BeOa'Ided by Counc. Goldman
and pa"'!'ed unarrl.DnJs1y to aw.rove the sign EDOC~.Uon for
two of:f-site, free-standinq, treeway-oriented signs to be
located at santa Clara Valley water District ....- It
directly adjaœnt to fl._f!llaY right-of-way. 'Ihe signs shall
state ''Vallco Fashim Park, CUpertino" and have stores
listed. Installatiat of the signs is c:c::nt:in;Jent m the
applicant getting the required state permits. Trees shall
be planted at the end .)f Portal or m private property if
the property owner ë'.1yL :-. '!be type of tree will be
determined by staff. Council directed that the pink color
be toned down and that the final palette be presented to
COUncil. Council expressed appreciatim to ASAC for their
efforts.
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MINlJI'ES OF '!HE NO\IÐœER 19, 1990, RWJIAR cr:ri CXXJNCIL
MEETIN:; (œ-'!02)
By canseJ'1SlIS, ~'11Cil dw¥;Jed the study session prelTioosly
schedule for NoIreIIiJe.r 27 to 'Ihursday, NoIreIIiJe.r 29, 6: 00
p.m. in Council ~.r.
20. ~lication 1-GPA-90 - Review an:l update of the
bac:kgrwn:l data and policies of the General Plan
Hoosin; Element. Envira1mental Detenninatim: 'Ihe
Plannin;J C'rnImi ....im x-> ....-. Ids the grëII1t.inq of a
Negative Declaratim. Rec' ....-rded for awroval.
(staff requests 0CI'Iti.ruan0e to January 7, 1991.)
Previoosly ccntinuec1 to January 7, 1991.
21. Consideration of a 29\ increase in gaIDage rates.
(a) Resolution No. 8280: "A Resolutim of the City
Council of the City of a¡pertino Authorizing an
A1De1'à:buo...L in the service Rates 01arged by Los
Altos ('-"~ ~ny for the COllectim and
D~ of Refuse In and Fran the City of
O,¡pert.im. "
Director of Public ~L. VisJtalridl þ1.: E' : l/ted a hist:œ:y of
Los Altos Gamage franårlse and rates and reviewed his
l~rt.
Director of Finance Sz¥Ier was requested to calculate the
Resource Reoc:Jvmy balance.
Jàm. AnJin, General Manager, Los Altos Gamage ~,
said tnat any CX'I'1tinJance .....,1t'I be a delay of three IØ1ths
because of the billin; 1"-" -, 'Ihis wculd result in a
loss of several hura.h.oa1 thcusand ""'11",1"S.
Mayor Kqpel stated tnat the 1"-' <;A 111re taUght wculd be for
Council to hear frail Los Altos t"-"1"hoogP ~ny
:t.¥es_.La.ti\le&, get public irp.¡'c:, and then lieci~ ~
or not to c:mt:1nue OŒ1Sideratim of this matter as has ~
requested.
By canseJ'1SlIS, Council ~iñ.ot1 they wculd hear frail these
wanting the matter cx:nti.nued and make a dec:isim regazdinq
tnat prior to any p.¡blic ir:p.lt. A Sl.J]JE'Stim was made tnat
I},G(X) issue an intermediate billinq if the matter is
oc.ntinued so loss of reveme may not be as great.
Mr. AnJin said tnat cxW.d be dale, b.1t it might oaú'Use
custaœrs.
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I-GPA-~O,
Housing Element
Garbage rate
increase
.
The Wherehouse
aPtllS
.
MrnL'I'£S OF '!HE NOVE11BER 19, 1990, RmJIAR CI'IY CXXJNCIL
MEETJJ«; (CC-a02)
It was mcved by Came. Sorensen, seconded by c::o.mc. Goldman
am pelssed unanim:xJsly to 0Œ1tÍ1DJe CXJI1Sideratioo of the
requested increasE, in garbage ra~ to the regular meetin.J
of ~.r 17.
Ccuncil requested Resœroe Recovery balance informatim at
that time as well as Dm'8 detailed informatioo regardi.n;J a
Fl".ased-in increase includinq a possible three year
puæe-in, as well as informatim Legardjn] cost of livin;¡'
increases and their effect 00 ga..-bage rates. An article
about the hearin;¡' will be in the Deo:-·~.er i e~:Ie of the
Clmertino scene. Council asked that Los Altos Gart:Jage
~ny provide them informatim as to ~ they were
operatin;¡' at a loss and yet, they ðyL....d to the OCI1ditia1S
of franchise extension for the next 12 years.
Gordan Frolic:h, 1202 Be1Jcnap Coort, st.r.::.~---ted that I-'GCD
pIt a notice regardin;J the hearinJ in the Dec-,~ er
bill1rgs.
22. Arr-' 1.. pert.aini:n;J to Wbereho.Ise project located at the
sootheast .......,.e1. of stellirç Road and stevens Creek
Boolevard.
(a) Wherehcuse Entertainment, Inc. (Debra
L:im-Sc:hlac1cm) - ~1 of Plar1nin¡ lhIwni....ioo
decisioo to CIKJL\N8 Ccn:titioo No. 21 of
A¡¢icatiat No. 19-U-89 (Revised) Wic:h nq.rlred
that fra1tage alen¡ stevens Creek BcW.øvard shall
be OCI1figured to avoid c:iJsa1rln;J views into the
sales area fraD the PJblic si"--11t ~ that
1: -'1' 'Lary win:kIit signs shall not ~Jre Dm'8 than
10% of the glazirç area.
(b) !fayi1llDn Visibility Retail sign Services «('.-
Marshall) - Aß'-1 of ASAC decisia1 regardin¡
A¡¢icatioo ASAC 51,924.1, stat.in;J that Wherehcuse
EntertaUlIIIE!IIt would like to add two signs at the
loc:atioo.
Director of l"'romo11'\ity Develq:ment Cowan reviewed both
a¡pëÜs with Co.mcil.
William E'Æns, Director of O::alst:nx::tioo for Wherehcuse,
said that the ~ has c::han:Jed its ¡xsitioo 00 the
art"'"'\] of Ccn:titim No. 21 of Awlication 19-u-a9. At this
time they want a1ly a minor adjustment on \oohat the Planrún¡
canmission awraved. '!hey are not planrún¡ to use span:b:el
glass as they did originally. 'IheI"! will be clear glass
all the way aroond except next to the parkin;J area ~
offices will be located and they woold like a peðestrian
display area at the oomer.
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MIMJI'ES OF '!HE N<JIJEMBER 19, 1990, REGUlAR CI'IY a:uNCIL
MEEI'ING (CC-802)
Mr. CcY.M stated that mis req.¡est is a:msistent with t.~
Planning rnm.i....ian reference.
Upcn the awellant' s statement that the "'l1'""'" 1 is
witlmawn, it was 1IDIfed by cœnc. Sorensen, secxn:ied by
cœnc. Goldman anj pase-ed. unani:an1sly to awrave a minor
aJDE!l)jment of the original ~licatiat for 19-U-89 as
.:"m; tted to cœncil at the meeting.
r.- Marshall, Wl'Iereha1se sign OCI'ISUltant, reviewed Q plan
an::l told Q:luncil that '!he N1erehaJse is modifying their
requec;t whidl is new for aùy one more sign than ASN::
a¡:proved. 'nUs is an l8 inch roof Dnmted sign facing
south at the storefra1t entrance m stelling. She stated
that a storef'ra1t entrance sign is iJrportant and that
because of other cxnoerns with the project, ASN:: cut
further back m signs than they prd:)ably waùd have
atheIwise.
It was D:IV8d by Q:Iunc. sœ:enun, seoanded by cœnc. 00}'-7\
anj pae~ed unanimcus1y to clcøe the p1blic hearing.
It was D:JYed by cnmc. Sœ.el1S'Sn, seocrded by cœnc. Szabo
anj pae~ unarú.m:Ius1y to grant the "'l1'"""'1 as per the new
r-]I"'"'t ~ s ..Led that evening for ale 18 inch sign facing
south.
cœncil clarified that the other two signs already ~
by ASN:: are 24 in~-- and that ~ is no la¡gm
requesting fascia anj windcii signs. (City Manager Brown
arrives 8:25 p.m.)
PIANNnG APPLICATICIIS
23. Awlicaticm 9-u-90 - Westfield, In::. - Use Fendt to
allOii net expansicm of the Val1co Fashim Park regia'1al.
tW:wing center for 260,000 sq. ft. (see J\gema Item
No. 16; CXI1tin.1e to the meeting of January 2, 1991-)
Previously CCI1tinued to January 2, 1991-
24. Awlicatioos n-U-90, 13-'IM-90, arxi 19-EA-89 - Scbrato
Devel~¡t n-orponies - Use Fendt to demolish 564,000
sq. ft. of imustrial J:iui1cling space anj CX¡a.:.L<1.ICt
785,000 sq. ft. (net) of office space with related site
ÍJIprCVeIIIentS; tentative map to divide an existing 32.5
acre parcel into six (6) lots ranging in size fraD .06
acres to 1.2 acres, with ane (1) additia'1al. lot to be
held in 'Ÿ ..... n ownership. Located at the east side of
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Sobrato/Apple
apps.
MINtJI'ES Of TrlE NOVD1BER 19, 1990, RroJIAR CI'IY axmCIL
Mt2::1'WG (œ-802)
North DeAnza Boulevar.d between I-280 arxi Mariani
AVerDJe. Enviranmenta1 Determination: '!he Plannirq
~; '"-sion re..............oos the grantin:] of a Negative
Declaration. ~:' .....-.rrled for approval.
Dìrector of Ch11m11TlÌty I::evelq.ment Cowan presented Camc:il
with a revision of the PL~S9d O:nlitia'1 No. 13.
Bob I-IcIntyre, Apple's Director of Devel,-¥,,=, It am Design
O::Instructim, said that the applicant has no new prepared
pl: ~e jtdtia'1. He feels it is a good projec::t. that is bein¡
presented to the City¡ however, he ~d like to qo nver a
few points m which Cooncil had expressed oa.::..rn. In
regard to traffic, the 'Iœ is an innovative plan. If it
doesn I t work, Apple is prepared to ~l reqimal
staroards that are awlied a'1 an area wide basis. In
regard to the bridge wideni1g m DeAnza Boolevard qoin¡
over I-280, he ~d like the cx:n:iitim to shcIi a $500,000
""",v;m",,, oontr:iJ::utim ~ to the CPI. He.5SJœd about
AB1600 guidelines. In regard to hcusin¡, there is a
cx:n:iitim that ~d require Apple to 0CI1tr:ib.Jœ $250,000
to a hcusin¡ fund am also provide retail amenity EIpaOØ. A
oantrilirt:im will be made for a right turn lane m Mariani
Avenue. Apple is a 50\ co-general partner of the projec::t.
am plans to be the laq-teJ:m ,."."...~ of the ~1i1rJh~.
At pl:1SLll, the plan is for Apple to occupy all ~1i1rJi1'Çl
far a IIIinbmJm of 10 years and 40\ of the J::iui1dingB, a
IIIinbmJm of 15 :¡ears.
DÌfIt"IweÌa1 followed regardin¡ the 'ltM ~""'P-am and aT:rž
effec::t. m it if ~ else is leasin¡ the prcpu-ty.
Fð BlCXJII, Wool ".,.,.. Drive, 0.Ip!rtin0, said he sees lots of
~l for this deve1'-¥"='It¡ however, how will this add
anythirç to 0Jpertin0. Mr. BlCXJII does not want amther
Seven SpriIgs type develqment that is cut off frail the
citizens. 'Ibis devel,-¥,,=,lt will draw eaployees frail
Apple's other loc:atialS. '!he sales office will still be
located in SlIrmyvale far sales tax. He irquired about
pJblic a~" to the æprltheater.
Mayor Yq:pel infonaed Mr. BlCXJII that the retail a'1 site
will be available to the p.!blic am the anpùtheater will
be available to the City for sp9Cific, a<p:e&J upon events.
Mr. BlCXJII asked if the deve1,-¥,,=, It ~d brin;r in new sales
or just incozporate what is already in the City.
-10-
,·u....u.l.= ur ..1.111:. l'IUVtl"~ .1Y, .1990, REX;UIAR CI'lY CXXJNCIL
MEF,TING (a::-802)
Mr. ~Intyre repliEd that Awle does rot sell direct1 y to
the consumer. 'n1eir CCIIplters are sold at stores just as
refrigerators or other a¡:pliances are. '!here is very
little sales direct to inlivinl1"ls. Apple CXIIplters sell
throogh rc seller d1anne1s. In regard to relocatioos fran
within the city of CUpertino, the quest!œ that Apple
Cðl1l'XJt answer is the annmt of joo growth in the nex: fIN
years. 'l11e ~....",csed devel"l......"t is a oansolidatim effort,
œt is of a size that will allow sane growth. If more
growth OCOJrB, Apple will keep their currently 1....<>«1
1:W..1c:lin3s .
O1arles Newman, OJpertino, expressed the opiniœ that it is
a magnificent project that is right for the CCIIIIIJnity and
for the site. He urged a¡:praval with reaBa1able
conditiCllS, .cut not conditialS that are not required of
others.
Go:-don Frolich, 1202 Belknap CaJrt, ag1..,.,d with Mr. Newman.
Mark Kroll, 20300 stevens Creek bùevard, l""t'L liehtin:]
PraDetheus Devel~It, stated that this is a magnificent
project designed by a world renowned architect. It will be
an asset to the lYMWIII11'Ù.ty. Apple is a 1IW'rløl citizen and
the project "'--uves a¡:praval.
Dick Weaver, mA... ex of Citizens f"_lA n-.....ittee, urged that
Cameil a¡:prcve the project, b.rt: :reaDY8 the oc:n:iitiœ
regardin:¡ pmlic art. He felt there was no need for public
art as there had been no design mistake by the architect
and that it would detract frail the a¡:pearance. He
~"ted that Camcil not bIrn up Apple Da1ey am that the
1IICI'Iey be kept in 0Jpertin0 pemaps to be used for a
sd1clarship for a local student. He urged Camcil delete
that cx:n:litiœ and thanked Apple for their interest in
c.tJpertino.
~: 9:05-9:20 P.M.
Came. Szabo's cc.n::ems iooluded the fact that there is
not:hin;J in writin:¡ that it will be J:\m as has been said
(Apple as tenant), the sales tax ;"$'Je, and that the
cx:n:litioos regarclinJ traffic do not protect the City frail
the possibility of DeAnza Ba.ùevard bein;J bottled up.
Came. S01:eus..,n felt that Apple was IIIakin;J a real
cxmnitment to CUpertino. 'l11e 'Im goes further than anyooe
else has attenpt.ed to go. It oc:W.d be a 1IW'rløl for otœ.rs
in the future. Came. Sorensen stated she would be willin]
to give up the pmlic art an:i expressed é!R'rec:iatiœ for
Apple's cxmnitJnent. She stated she would awrcve the
a¡:p1ication.
-11-
MINUI'ES OF '!HE ÆVÐmER 19, 1990, RmJIAR CI'1Y axJNCIL
~ (œ-M2)
Came. Goldman said it was :i:aportant to get i"..".... in
writing. If he believed AR>le 1oQ.Ù.d not follow thrc:uJh, he
1oQ.Ù.d then have to believe that they have dcne all this and
said pJblicly that a¡pertino is their heme ani ~d
pJblicly not live by their o."m';t:JDe¡rt;s. If this were the
case, he woold have to believe that they were willinI to
make fools of tÞ...........lves. Saœtimes it is neo:--"~ry to
take a leap in faith. cnmc. Goldman believes that A¡:ple
has ¡:ulled oot all the stq;Js. In regard to their traffic
plan, it cnùd serve as a l...w..... '!he project creates jc:àl
ani he, too, will approve the awlicatim.
cnmc. Rogers also ~~sed sut:POrt for the project.
Mayor ~ rae' ·..·o:.rñed a review of the amended
c:x:ntitiam .
Bob M::Intyre &.lh. -~ed cnmcil regarc:linJ the brià;¡a
widenirq. AR>le wcul.d like a limitatim m the ,.,.,Yi1N_
aIIDmt to be c:x:ntrituted ani offers up to $500,000
inflatim ~. He also wanted the ccrxtitim to state
that it will be spent within five years of a¡:pl.vv'éÙ..
By CXI1SE!l1SUS, cnmcil approved OC::niitim No. 1 as stab3d in
the staff L"'t"-'Lt. OC::niitions 10 ani 21 .;were approved as
per staff report. 0C::niit.ia1 No. 13 was approved as per the
revisim ...'hnitted by staff at the meetiIx;J. Ccurx:il
rli "'C',.."'«t the possibility of OC::niitim 23 includinq a
stat.es..:...L that the 'ltM plan will be bplElDellt:.ed at ather
A¡:ple facilities in Q.Jpertino.
Mr. M::Intyre said that AR>le has volunteered to do tr.at.
Di"'C"""im followed regarc:linJ the possibility of havin:l
aaœthinq to that effect in writing so it is clear in the
future.
Mr. M::Intyre said he will write a letter to the City
statin} their offer to do this. It will be worded in a
very affiImative fashim.
'!he city Attorney asked if in the future A¡:ple ð.i.socnt.i.med
the P1--.yLaw, ~d cnmcil want that to be the basis for
resci1xtin;r their use pemit.
Mr. M:::Intyre preferred that cnmcil anit that as a use
permit c:x:ntition ani that cnmcil aooepL a letter that they
are l"Y'mImittin} to do that. It 1oQ.Ù.d help in oot.ainin:J
finarx:in} rot to have that as part of the use permit. '!his
issue was not addressed until A¡:ple volunteered to do it.
-12-
MINUI'ES Of '!HE ~ 19, 1990, ~ CIT'i CXXJNCIL
MæI'INC (CC-M2)
cameil stated that a letter ~d be ðOC.qJLable.
In regard to a oanditian requirin:¡ flex time, Mr. McIntyre
said he ~d be agaj.nI.;t such it ccn:litiŒl. '!be culture at
Awle is conducive to flex time.
It was D:JVe:i by came. Sorensen, seocn:B:l by Coone. Goldman
and peo'3sed unan:iJoously to approve the grar¡tjn;J of a
Negative Declaratim for Awliœ.tim No. E~O.
It was D:JVe:i by Coone. Sorensen, seo::med by Coone. ~8
and 1"'"aaoo unaniJlwsly to apprave the çplicatim per
Plannin:J C'nmIi "'6im Resolutim No. 4305 with ccniitim No.
13 amended as presented at the meetin:.J and with the
aàiitiŒl of Ca1::titioo No. 27 statin:.J that fcmt.h floor
balcc:nies an the east side of the ~1ilt'li'XJB 3 and 5 will
not be ~""""""ible for use, Þ..tt will just be set:bac)æ.
It was D:JVe:i by Coone. Sorensen, seocnjed by Coone. ~..
and passed unanim::Jusly to apprave the grantin:¡ of a
Negative Declaratim for Awlicatim No. 13..1JH-90.
It was D:JVe:i by Coone. Sorensen, seoo.aJt:.i by Coone. Rogers
and pa!!'E'ed unan:iJoously to approve the applicatim per
Plannin:J C'nmIi....ia¡ Resol~m No. 4306.
It was D:JVe:i by Coone. Goldman, seoa'1ded by Coone. Rogers
and 1"'"''''ed unan:iJoously to elO<."'I'L a letter of .intent
regardirJ;J the 'lDI (Transportatim Deman:l ~,-,"l) .
Glerm BartxJur, L~lSE'J«.in1 Apple, thanked evexyaw and
stated that they expect that deve1_.t shall start in the
sprirg .
25. A¡;plicaticn 21-U-90 and 36-FA-89 Dale Heyer
AlS'sociat.es - Use Pemit to 1:..... "'1 an exist:irq 79,000
sq. ft. shqpirg center and 0CI'IStn1ct 5,000 sq. ft. of
new office ~~ under the pravisia1S of Policy 2-31 of
the General Plan I.an:i Use Elemellt. Envh........../tal
Deteminatim: '!he Plannin:J C'nmIi....im reo ....-'1ds the
grantirxJ of a Negative Declaratim. Reo ····-·ded for
approval.
Director of (h""'unity Developœnt: Cowan presented his
report to Cooneil.
Jåm Plun;y, 20720 Garden Manor cant, 0Jpertin0,
represent.i.rç the applicant, stated that the center was in
need of renavatim and reviewed the prq:a;al.
-13-
Neg. Dec. grante
11-U-90
App. 11-U-90
approveC:
Neg. Dec. grante'
13-TH-90
App. 13-TH-90
approved
App. 21-U-90
MINUTES OF '!HE NOVEMBER 19, 1990, REnJIA~ CITY a:xJNCl"L
MEIT'..1'K7 (CC-802)
Dtle Meyer, architect, EUrlil~, said there had been scme
Iii .,,-.,'o;tSim regarding s¡: --" b.mp at the Plð1l1'Úl'q
cr.nmi""..im. Behi.rrl the northerly building is a sound wall
which will be retained. 'Ihe "JI tmher of parJdn;J spaces is
beirç :irx:reased to 116. 'Ihis will be dcne by restripirç
and puttirç in sane catpact car spaces.
Hr. cowan said there ~ be a deficit in parldnJ
requirement "'1ro'>{'t for shared parking. 'Ihe City, hcw8v8r,
is getti1ç better laJ"'i"""""l'ing a'1 the site. AS1IC will
re'Jiew the laro~irg.
Mayor Kl:g)el and cnmc. Sorensen objected to the colors
beirç l'L' y)Soo.
Hr. Meyer said that coral is being used a1ly for
highlights. Most of the ):;ui1ñirg will be gray, however, he
is willing to charge the color.
Felicia ~, resident of Ø1eata1 Drive, spoke in favar
of a L....·· ..1 of the center as it is an ~'eS)b.. She did
~<=S OCIlCe1:n for the drive thrcu;¡h between the two
prcpertiea and asked '-iItr¥ that wœld be r--''i'\!Iry. '!here is
a lot of noise fran Blaney Aven18. lU's has been an
oo-qoing prà:)lem. She stated she thooght that IU pat.........
~ not suwosed to park at the office b.ú1d:ing. Her main
oaìCéJ:1'1 is to keep traffic fraD goin:J art: m the north erd
of the center. She exp1.......s'Bd ~ for the project as a
whole and does 1 iJœ the color.
John callahan, 19954 ~ta1 Drive, said he had been
unaware of a drive thrcu;¡h. '!here is p"""it parJdnq a'1
¡f)eata1 because of IUls; there is no reascn for a drive
thrcu;¡h. He inquired aba1t the "Pew:Jada" thin]s at the ems
of the b.ú1din;¡s. He stated these are not -,,-wi and block
views. He spoke in ~rt of an CIIIe1:'2Ù.l revzmping, bIt he
did have the two ooncerns he previaJSly stated and he did
not like the colors.
Mr. James Cox, 10139 North Blaney, said the center is
losing ooe driveway. IUls has been a prà:)lem regardirxJ
noise, etc. '!be residents had been prnni....,:¡ no overflow
into the other lot and it is hawenin:J. In esseooe, there
is an expansim of lU's with this plan; there will be an
c:utdoor overflow. '!here will be increased traffic on North
Blaney because of the :rea:wal of the stevens Creek
Bou.1.evard driveway. In regard to neighbors being noticed
aI:xx.tt this develc.pnent, they did not get to see the plan as
it developed. Hr. Cox questiCl'led the benefit of the
develcpœnt to o~rtino and ~ the q>Wm that
there was already too much liquor available at that corner.
-14-
KINUI'ES OF '!HE NOIlD-IBER 19, 1990, RmJIAR CTIY CXXJNCIL
Mœl'nC (œ-Q02~
1bE'--ry Callahan, 19954 M1eatcn Drive, 8pCIIke in fl!lVOr of
rejl.I\Ænatin;J the area; however, she is against the drive
thrcA.¥3h. She stated that soft earth ta1es 1«Uld be
preferable for oolors. She requested :t'E!IIDVal of the
"turrets" 00 the northern building.
Mr. Plun:;¡y said that the staff hid su:J;;¡.ö:Sted the through
driveway. 'ßle a¡:plicant is willinq to keep that clcøed.
'ßle towers are an arc:hitec:tural detail am not all the way
to the back of the building. '!be wall in back of the rear
buildin:] has been r-o;--'I to hide mec::hani.cal equipllellt. 'Ihe
s;A--l1t enterin;J the area has been ~_--œd by staff.
'!be ocb.q¡L of the patio was to make stevens Creek
Boolevard more r-~ -trian frien:11y. DaUy Belle will
remain in the center as they have a l~-tem lease.
Not:hin:.J is beinJ ~ to R1 M..ù.ligan's. In regard to the
oolor, Mr. Plun:;¡y requested thl.t co....-x:il suqgest a palette
to worK with. 'ßle a¡:plicatioo W"~l ther¡ go back to ~.
0::u1cil d;"""1Ssim followed. r.egardinq either cx:ntira.Un:.J
Oa1SideratiOO of the a¡:pliœtioo or reject:.in:J it.
It Wë\S mr::JVed by 0Jun::. ~s am seoc::n:Bi by 0Jun::.
sœ:...._er1 to c:x:ntime oonsideratioo of the a¡:plicatioo to
JaJ"JIJa%Y 7 , 1991 am that the a¡:plicant a.1h.e..s the
followin¡ ocn::mlls: oolors planned to be used, the ta.~..,
the patio for P. J. MJJ.ligan's, eocoee9, am the fact that
the redevel~Jt was not substantive enc:A.1gh for a ba1us.
A1Dcn¡ cancerns a..1Jr""'-- ad by inctivid"..l ~fl1\11011oherB were
the drive thrcA.¥3h, metal roofs, am the rn~ of L< n'.
'!be matim I"'e~ad with 0Jun::. Goldman am Mayor KGg)el
dissentirç .
Because of an anticipated lerçt:hy meetin:J 00 Januazy 7,
this a¡:plication was continued to the meetin:J of January
22.
26. A¡:plicatioo 14~0 am 4D-FA-89 - K. W. ErgineerinJ,
In::. - Tentative map to subdivide a¡:prnvf"""tely 1 gross
acre into five lots rarqinJ in size frail 24¥L",,'f"""tely
6,120 sq. ft. to 7,280 sq. ft. Enviu..........tt.al
Detemination: 'ßle Planrtin;J I"'rmrnf ....ion reo ..··-1Xls the
grantin;J of a Negative Declaratioo. Reo::- ...,~ for
~.
Ken Warq, of K. w. ErgineerinJ, Inc., stated that there was
c:oocern regardin:J E:-,....~ CWrt am that if the awlicatioo
were awroved, he ~d ao:~l'L all of the oon:litions.
-lS-
App. l4-TM-90
e
.
App. 14-'r.i-90
denied
App. ASAC
51,199.15,
Lucky Stores
.
}!INUI'ES OF 'lEE NOVEMBER 19, 1990, RmJI.1\R CITI CXXJNCIL
MEE:I'm:; (cÇ-802)
Ed Bloan of Wallace Drive, said there are two ¡XUlOSO(irles
regardirq ha.1sin], both of which he feels are extreme. He
objected to the term "flag lot" as it really is a shoe
horn. He wculd like to see a more balanced view of
developnent an:i not oone or too JIIJCh.
owen Tainter of S.:tr, coort, stated that the width of the
ca.Jrt. was narrowed to add a lot an:i that it is too narrow.
Teresa Tainter expressed CXI'XJe:rn regardin:¡ the safety of
~ seht residents an:i the new ~le. She E!Xp1:""-"'9d
00l1œrr1 regardi.n;J potential accidents.
Director of Public works Viskavich said that U9""11y it is
safer on narrower streets as the traffic slows dawn. '!he
pr~9d cnJrt is to City stamards.
Teresa Tainter said that it is really difficult to knew
10ñat ~e will do. She ~~sed calCe1."l1 that S--"'a
coort is a deep cul~ -~(' that cannot be seen into.
upon bein;J asked a questim by Cameil, Mr. Viskcvicb
stated that parkj.m may spill art;o stellin] Road.
Came. Goldman, Rogers, Sorensen, am Szabo all stated that
they wculd like foor lots am not five at that locatiœ.
Mr. Wen¡ stated that the flag lot maximizes the use of the
land. With aùy foor lots, the property owner wculd
prcbably not develop.
It was JIICIIIed by Came. Goldman, sectI'1ded by 0:Junc. Szabo
and I't!I"~ed unaniDx:uùy to deny A¡plicatim 14-'IH-90 with
the findirJ; B that the devel~1t as ~'-¥J'S9d wculd create
a traffic problem en stellin¡ am Snh COJrt as there is a
curt:> cut i".,...,-1btely adjacent to the entIy to stellin¡.
ARæITEX:'IURAL AND SITE APPR:JIJAL CXHœITEE APPLICATIœ8
27. Nooe.
UNF1NI.SHED IDSDIESS
28. A¡plication ASAC 51,199.15 - I11cky stores - Request for
awroval to shorten the horizŒltal leD;Jth of sœnd wall
adjacent to the truck dock servin] an exi.stinq retail
center located at the northwest quadrant of DeAnza
B::W.evard an:i McClellan Road (McClellan Square).
Recxmnended for denial.
-16-
KrNUl'ES OF '!HE NOVF11BER 19, 1990, REX:;UIAR CI'IY <XXJNCIL
MEETING (0:-802)
Director of C"rmrmmity Develcpnent Cowan reviewed his report
with Ca.mc:il arù said that I.1Jcky will be in direct OCI'ltrol
uf a~'!I to the back of the store. 20/20 Recyclin::J will
change t..'1eir schedulin::J and the loading dock wall will be
reconsidered,
Ra1 cali, answerin::J ti'.e questioo of a oamc:il1llPnlhp.r, said
that the graffiti in the center has been taken care of. He
does expect that Mr. Hoffœn, of IJJc:ky stores, wilJ follCM
through with what is beirg requested. He does not
L~:r!SE!il1t IJJc:ky stores, therefore, cannot speak for them.
Ann Jot.xn'" 10364 Paradise Drive, said that Mr. cali had
assured her that Terry way \O.Ùd go through and there \O.Ùd
be no problem. She has l1CJW had a problem for 16 years.
Various envlro..w...utal agencies had been cut to the area æñ
have told her that the wall by her haDe JDJSt be l'I'Ji..-, to
the same height as the rest of the wall. O1rrently, she
has a view of the trucks and dust and fumes are a problem.
!.os Altos Gamage ~ trucks are there before 8:00
a.m., in fact, have oaœ at 4:15 a.m. She has talJœd with
Assistant to the City Manager Bram; the g¡ubage trucks
l:ti1l oaœ early. Oooncil has a choice to do saœt:hin;J for
IJJc:ky ar for the residents.
Ran:iy Uemec;;, resident cn Paradise, said tMt the City has
Jcncwn since 1974 of the potential far severe noise
di.stm:bance. '!here has been no substantial soluticn; the
stare is too close to residences. At 6:15 a.m., Hills
Brothers' display truck came to the store. Mr. Nemec;;
called the sheriff; the store owner had the truck DDY8d to
the fi.....íl of the store. 'Ihe sheriff said he oo.ùd not cite
the truck driver heœ1JSe he did not see the truck in the
back of the stare. At 7:15 a.m., Mr. Nemec;; called COde
EnfV1.~.l, however, received no~. 'Ihe problem is
gettirq worse; neighbors are policin;J and enforcin;J the
œ:di.nanœs and they have no authority. He mged Oooncil to
OCI1Sider a laq term soluticn limitin;J the noise in back of
IJJc:ky, that there be no activity allowed frail 8:00 p.m. to
8:00 a.m., M::n::Iay through Friday and 8:00 p.m. to 9:00
a.m., Saturday and SUn:Jay. He urged that the City restrict
the use of forklifts, metal doors, duDp;ter lids, etc. and
that the side parkin:jlot be off limits to Employees. Iœ
Altos Garbage c.œpany shcWd restrict their picKups. '!be
Sheriff's Department shcWd uroerstand that they are to
cite violators. Hold IJJcky's acoount:.able. In regard to
lowerin::J the wall, Mr. Nemec <.M-<'Sed that. He requested an
environmental inpact aSS'^!3""""'''1t regardirx:J noise.
-17-
MINL'TES OF '!HE N::JVEMBE:R 19, 1990, RmJI1\R CIT\{ <XXJNCIL
M.tJ::.l.'.lliG (CC-e02)
Gerry O'Hara, Paradise Drive, stated that she has the same
problems as Mr. Nemec. She had given up fightlrg this and
feels intimidated to call 911 for noise. She also
expressed resentment for l:Jei.n;J asJœd to be a policeman.
She urged that Ccurx:il look at her !'cighborhood and give
the residents the same c:ansideratioo as they did develc:pers
earlier this evenin;J.
Sally Fren::h, resident behin:llcn;J's!)rug store, said the
walls are too lcw. She is c:list1.1med by truck exhaust,
pipes, and diesel fumes and back yards are net usable
because of the fumes. She asJœd eourx:il to exclude
deliveries Œ'I SIJrxiays.
B::lward Piocne, resident of Paradise Drive, said that
wi.deniIg the wall waüd ""',.... the noise to revemerate and
urged cnmcil net to widen the wall.
A gentleman resident of Paradise Drive told Camcil that
lowerin:J the wall waüd funnel the noise into his yam.
Harry Hataka, Paradise Drive, said that he was suzprised
there was so 1II.1d1 noise every day. He cannot &..""Cq..L that.
A wanan residin:] at 10434 Paradise ex¡.... -.;¡ed aqJ:. -...¡t, with
the others. She urged the city to enforce the noise
antinanoe to its fullest extent.
Nancy Nemec: adcb:........Hd Camcil reqardin;J DXXtifyinq the wall
design. She said that trucJcs alœady hit the wall as it is
a narrow alley. She urged that I1x:ky net have the Jæys to
the alley, bit that they be kept by the City's Code
Enfœ:c.:.u...1t Officers.
Assistant to the city Manager Brcwn said that the city has
.."""Ii'1ed the noise prablem and anticipates that the IIICIY8 of
the 20/20 Rec::yclin:J activity and the wall adj\øt........L will
help. She had called the Sheriff and told htm that the
City is unha¡::py with the enfQ¡,c.....dtL. She had called IaJ
Altos r....~ 0. "1-'.y and until taUght, thooght that
problem had been resolved. She will ocntact them again.
Ms. Brawn had been in!.........d that the beat officer in that
area waüd be meet:in:¡ with the neighbors. She will ocntact
the Sheriff's ~LL....1t again regardin¡ antinanoe
enfaxcement.
Ann MJore said that she had called Ms. Brawn early in
November. '!he city has the right to demarñ that the
garbage ~ cœply with the ordinanœ. Ms. Brawn had
talked to IJ\Ga) at the end of Oct..ober. Ms. Moore stated
that she had been told that ClJpertino Joe's was located
alag De1Inza Bo..ùevard and was net next to the residential
area.
-l8-
MINtJI'ES OF '!HE ~ 19, 1990, RErrJIAR CI'lY CXXJNCIL
MEE:I'OO (œ-a02
Geraldir.e O'Hara said she did D;)t un::1erstaJD why I1\GCO aùy
(> ..- early CI'1 ~ and at 10:00 a.m. durin;¡' the week.
'!be ordinance---- " to be broadened. She stated that Los
Altos Garbage Carpmy does not deliver material and
therefore, is not c::overed.
It was moved by Calrx.:. Rogers a.'Xi seoooded by 0:Iunc.
Sorensen to cc.ntira.1e CXI1Sideratim of this a¡:plicatial and
that City staff meet with L'"¥L swttatives fran IJJcky, Los
Altos Garbage ~ny. the Sheriff's Depad........L and others.
In respc:utirg to a questim fran O:Iuncil, the City Attamey
stated that it "'I1"""'red fran what has been said that the
Camcl1 does have grounds to initiate a I'Ul.isame abatCllleht
heari.rq .
0:Iunc. Rogers and Sorensen witixlrew the previous JII:Jtia1 and
seoad.
It was moved by 0:Iunc. Rogers and seoooded by 0:Iunc.
Sorensen to direct the City Manager to meet with the
Sheriff and Los Altos Garbage ~ in reg¡mi to City
orc:linaroes and acocunt:ability.
'!be motim was pElE'sed 4-0 with 0:Iunc. Szabo abst:aini.n;r.
It was moved by 0:Iunc. Goldman, secx:njed by 0:Iunc. 1bJ8rS
am ["'"......:I 4-0 with 0:Iunc. Szabo abstainin] to direct staff
to initiate the 1JL' 'I.........~ for nuisance abat.c...:...t hearlD¡.
It was moved by Cwr¥::. Rogers, secx:njed by 0:Iunc. &â.ét~en
am pe''''''9d 4-0 with 0:Iunc. Szabo abst:aini.n;r, to CXI'It:.ilIJe
CXI'1Si.deratial of this applicatim to the meet.inq of
February 4, 1991.
'Ihœe pns.L./t. were informed that at the time of the hearinq
they may wish to CXIIIe back and testify.
Nm IIJSINESS
29. Pì.q.¡œal for fI.u1din;r of human services organizatiCllS
(0CI1tirued fran meetin;r of November 5, 1990).
It was moved by 0:Iunc. Sorensen, seoarded by 0:Iunc. Rogers
am pElso;ed ~ly to approve the funding as per the
lYIIIIIIittee reo· ····-tñation based on the same level of funding
as 1989-90 for Cupertino CCmmmity Services, 0Jpertin0 Day
Services, IJ::n;J-'l'e..."1II Care C1mho1ñ=an, Midpeninsula ~o1.t
Network, CX1treac:h and Escort, am the SecOId HarIest Food
Bank.
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'luman services
argo fund ing
e
App. 9-TN-90.
Irwin
.
Commi t tee
as.signments
.
MINtJI'ES OF 'IRE ~ 19, 1990, RmJIAR CI'lY CXXJNCIL
MEETIN:; (CC-802)
By cx:useusus, Co.m:il i!9L.....J to hear Item No. 34 at this
time.
34. Request for relief frail cxntitioo of awroval regarclliç
urrlergrc:un:l for Application 9-'IH-90, Broce In/in,
Felta1 Way.
Director of Public Works vi.skavich reviewed his staff
lepurt.
Bruce In/in pl s ~Il.ed Co.m:il with pictures of the area
under ili"""'G"ioo. He said he t:hcught he had fUlfilled all
oc:n:titia'lS of appl.U''ëÙ. His neighbors will be SEII'Idin;J
letters to the City in SUw"Ll of his request. 'Ihøy had
been .... E!":ltt; however, oc:uld not stay ~"*' of the late
haJr. If the City's cxntitioo is fUlfilled, there will be
more poles than prlsently exist.
It was lIICIIÆd by Co.m:. Goldman ard secxI'ded by Co.m:.
Szabo to have staff review the ocnditioo with ~ ard
detemine whether or not three poles would really be
~sary. If there is less than two additia1a1 poles,
brin:] the matter back to Camc:il.
'!be mctia1 was revised that staff meet with ~
L~ s _tLatiV88 and the r,sult brought back to Camc:il 00
the Cc:rIB tl calendar regardless of the l""""""t' of poles that
would be requhed.
'!be mctia1 P"'''-ed with Counc. Rogers di.ssent.irg.
'!his will be r1-.oed a1 the Cl.._ "l Calen:Jar of the D&:_.i-er
17 meetin¡ and the rest of the pape.n¡œ:k will be plO< 9d
in the meantiJDe.
30. DÍBCI'GGioo 8nd direct:.icn regardin;J scheduled regular
Camc:il meetings durin:] ma1th of DeQøI.i er.
By cmsensus, Co.m:il canoelled the regular meetin;J of
['IeçÞni -ex 3.
31. Assi~lIIICItt of Council ........ners to Cityjcoonty¡'Reqia'lal
t"Y"n'Inittees.
By cx::.r1Sel'1SlI, Co.m:i1 assigned Ha1sinq ard services
Ccrmunity Block Pl~.aIII C"n!wnitt.ee ard 0Jpertin0 Affordable
Ho..1sin:] rnnmitt.ee to Co.m:. Goldman am Sant.a Clara cnmty
cities a""OCiation am West Valley Mayors am Managers to
Mayor ~.
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MrNUl'ES OF '!HE l«JI1D1BER 19, 1990, mnJIAR CITI CXXJNCIL
Mt;t;.l'.u«; (CC-8\,¡2)
32. Report em bid ~ and award of OCIltract - Traffic
Signal Installatim, a.1l::Ð Roi!Id at Results Way, Project
9l-101.
It was 1OCI\Ted by o:unc. Rcgers, sec:x:rxæd i:1y o:unc. Soreì.BBn
and pt!9sed 1J1'1ðJ1i:musly to award the project to San Jose
signal Ele'.;t;cic for $94,787.50 ~sed c:.., the ~owest bid and
approved a 15% ~ for a toi:al of $l09,OOO.
33. Ca1sideratiat of ordinance relatin;J to est4blitV..ment of
prlJDa facie s¡:Tr:t limit at Firx:h AvenJe frail stevens
Creek BCA1levazd to Valloo Parkway, 35 m.p.h.
(a) First readin¡ of Ordinance No. 1542: "An
Ordinance of the City o:uncil of the City of
CUpertino Amen::lin:.:J 01apter 11.12.030 ot the
CUpertino Itmicipal Code, Relatin;J to
Fstablishme1tt of Prima Facie Speed Limits at Finch
AYe1'1Ie, FraIl stevens Creek BCA1levarå to Valloo
Parkway. "
It was IIICJVed by o:unc. Rogek.., I!'Doh:1ed by o:unc. Sœ.éL 81
and I""'øe'9d unani:mous1y to read Ordinance No. 1542 by title
mly and the City Clerk's --"'i'1q to c......titute the first
readin¡ thereof.
h1<J.'.l'~ <XHIJNICATICH9
35. Nate.
œDINANCES
36. Nate.
RESOWl'ICH9
37. Na1e.
S'!AFF ~~
38. Oral .L~Lts by staff .à:Ie1._ Hale.
39. Informatim - Roote 85 Design GniMlines.
Dire..."1:.or of Public Works Viskavich infOLw..l o:uncil that
the retainin;¡ walls will be gray and not earth tmes as
there is lack of fl.IJDs.
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Bid opening,
ProJ. 9l-l01
lst reading
Ord. 1542
Rt. 85 Design
.
.
: losed Session
.
e
MINUlES OF 'mE ~ 19, 1990, REXòUIAR Cl'lY CXXINCIL
!u:J:;.l".J.J«; (œ-802)
CXXJNCIL I<uua.~
42. CIc:u'Ic. Goldman - Traffic RedIx:t.ia1 n--ittee _ By
00I ¡j en&us, Clc:u'lcil aut:harized. CIc:u'Ic. 1"'J'\11i1Mo'1 to send
the ßOCI'1 shuttle L"'l-"-'L t to major aaployers in the City
for informatimal ~1JCses aM request any J.qut they
may wish to .,.....it.
MOSEl) sæsIæ
(a) Pen:iin¡ litigatia't (Gc:IveJ:rIœnt COde 5ecticn 54956.9 (a) .
- state of califomia v. ~sendin El..".,;L<ic, et al.
City Attorney Kilian stated that CaIrcll cx:W.d just take
actia1 in cpm sessiat or if there were questi.cn¡, they
cx:W.d adjourn to closed sessicn.
It was DICIII8d by Ocunc. SOJ:eul!n, seo:xiled by Ocunc. IO e:rB
aM I""e-ed unarrlmcus1y to autharize the City Attorney to
~It.e settl.....íl Ñro-.¡ts.
At 12:45 a.m., O:iuncil adjan:ned to Na.I-.~ er 29, 6:00 p.m.
in O:iuncil QunÑ"\8r.
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