CC 12-04-89
r
- .
CITY OF a.JÆRI'n«), S'D>.TE OF CALIFœNIA
l030C ~ AvmJE, cummm, CA 95014
TELEPHONE: (408) 252-4505
MINt7I'ES OF 'IHE REX;UIAR CI'IY cnJNCIL MEETIJ«; HElD œ
ŒX:DœER 4, 1989, CX1JNCIL awœER, CI'IY HAIL
l0300 'IutQ(t; AVENUE, aJFERI'DI), <:::ALIFCRNIA
0:-78l
'I11e meetin:] was called to order by Mayor Pro ~e at
6:45 p.m.
SAT lJI'E 'It> '!HE FI1IG
:roLL CALL
CcJ..mc:::. Pre s ~ íL:
Goldman, Sorensen, Szabo, Mayor Pro ~.. K/:g)el
CcJ..mc:::. Absent:
Mayor Rogers
Staff PreSeol.t:
City Manager Brown
Dep1ty City Clerk Wolfe
Director of Public Wœ.k.. V:iskcvich
Director of t"romII1I'\ity Devel"¥""'01L 0CJwan
Assistant to the City Manager Brown
Director of Finance Snyder
Director of Parks and Rec::reatiat Dowling
City Attamey 1<i1ian
~
~ MAL·!'UC) - PRE:Sm1?TIœs
Proclamatim dec:1.arin:J "Cities Fight BIIIcJt Agai1Bt Drugs
Week".
'!he proc:lamat1m was received by Kathy )fA" i.., a.ir of the
0Jpertin0 Droq AI:Juse Courk::il.
ORAL a:lKJNICATIœs - Na1e.
crmmr ~
It was IIr::IIIed by Courk::. Szabo, sec:a.dt.d by Courk::. Goldman
arx1 P""":1ed \II'1anÏ1InJsly by these pl: ~ .L (4-o) to approve
the 0XIsent Calendar as o;nhfti ttecl, with Courk::il 1._.J.ere
Szabo am SOrensen abst:ainiIç m Item 11 a1ly.
l. Claim for damages filed by Denise Walker. ßec:> .,..-rxied
for rejection.
-1-
Consent Ca lend,
approved
I'
\
¡ MINUI'ES OF 'IHE IECEMBER 4, 1989 CI'lY <XXJNCIL MEZl'DC
I (0::-781)
2. Reso1utim No. 7987: "A Resoluticn of the City Courk::il
of the City of 0Ipertin0 All~ Certain Claims and
Demands Payable in the ADomts and Frcm the F\In:1s as
Hereinafter Described for General arx1 ~llaneoos
Expen:litures far the Period EI"dinJ NoveIIiJer l7, 1989."
3. Reso1utim No. 7990: "A Resoluticn of the City Cameil
of the City of 0Ipertin0 All~ Certain Claims and
Demands Payable in the ADomts arx1 fraD the F\In:1s as
HeIeinafter Described for salaries and wages for the
Payroll Period ~ NaIIember 7, 1989."
4. Reso1utim No. 7991: "A Resoluticn of the City Cameil
of the City of 0Jpertin0 All~ certain O"i.... and
Demim:Js Payable in the ADomts and fraD the F\In:1s as
HeIeinafter Described for salaries and Wages for the
Payroll Period EndiJ'g No\reIIt)e]:: 21, 1989."
5. Aooeptance of DLIl1icipal iJJprovements.
a. Trilex, Tract No. 8117, south Blaney Avenue.
b. JBK Venture II, Man1ta CD.1rt.
c. Tract No. 8118, Dividend Devel"'P""".L, wilkinson
Avenue
6. Resoluticn No. 7992: "A Resolutim of the City Courk::il
of the City of 0Jpertin0 Authorizin;J ExeClIt1m of T -....
Ag1............L of City P.L............ly at 19810 Portal Plaza."
7. Resolutim No. 7995: "A Resolutim of the City Courk::il
of the City of 0Jpertin0 Mc:.ptinJ a Plan for Sixteenth
Year (1990-9l) n-o"'1ity Devel"'P"""Jt Block Grant (aB;)
F\In:1s. "
8. Resoluticn l~. 7993: "A Resoluticn of the City Q:Jur¥::i1
of the City of 0Jpertin0 ~ 0w1ge Older No. 12
for n-o"1ity center arlldin:JlMsmorlal Parle Expansim,
Project No. 2001."
9. Resolutim No. 7994: "A Resolutim of the City Courk::il
of the City of 0Jpertin0 ARmwin;J QIan; e Older No. 9
for ~ellan Read Widenin;¡', Project 4020."
10. Alcå10lic Beverage a:ntrol awlicatiCX1S filed by a) All
American Market center, 20041 Bollin;Jer Read arx1 b) '!he
Clinic, lOO4l-51 south Blaœy Avenue.
1::". Minutes of the regular meetin;J of November 6, 1989.
-2-
MINUTES OF 'IHE I:IEX::EMBER 4, 1989 CI'lY CDJNCIL MEZl'DC
(0::-781)
12. Minutes of the adjoozned regular meetin;J of NaveniJer
14, 1989.
vote Members of the city Courk::i1
AYES: Goldman, Sorensen, Szabo, Kq:pel
OOES: Na1e
AaSENl': Rogers
~ ~~~zabo (m I~ 11 c:nly)
ITEMS REM'J\1ED FIU!t CXH>ENl' CAI.ÐIDi\R - Na1e.
RJBLIC HE'ARINõS
13. Ca1sideratim of I"E!IIIJYiÙ of weeds declared to be a
public nuisance.
(a) Resolutim No. 7996: "A Resoluticm of the city
Ccx.Ir¥::il of the City of QJpertim O..db..ing
AbatauellJt of Public NUisance Pursuant to
ProvisiCX1S of Ordinance No. 724 an:i Resolutia1 No.
7958."
It was IIICMId by Courk::. Goldman, secx:.n:Jecl by Came. Szabo
and ['e'aaed unaniJaamly by those 1'L ,lit (4-0) r.o close the
public hearin:J.
It was IIIaII8d by Courk::. Goldman, secx:.n:Jecl by Courk::. Szabo
and 1""aaed \.II1aIÚJIØJs1y by those 1'L s _It. (4-0) to adept
Resolutim No. 7996.
4. Hearing of}AL· '^ sed revisim to the QJpertim ØJnicipBl
Code. Rsvisim of awiness License Tax.
(a) First reaclin¡ of Ordinance No. 15l4: "An
Ordinance of the City Ccx.Ir¥::il of the City of
QJpertim Amen::linq 01apter 5.04 of the QJpertino
ø.micipal ominance Cede Relating to awiness
License Taxes."
Director of Finance Snyder }AL Sl1íled a L~t to ownc:il.
City Attorney Kilian inf,.. ..-j Courk::i1 that PL~itim 62
requires a 2/3 vvte by Courk::i1 to approve a tax, prior to
it goirç to the voters.
Ann An; 'er, Menta Vista IDprcvement Associatim, asked if
the haDe OCCI¡patim ordinance \>1Wld be affected by this
ordinance arx1 was infOI1Decl that it \>1Wld not. Ms. ArJ:1er
said she was ccn:::emecl regardin;J enfOI~ L of the heme
oocupation ordinance.
-3-
Public hearing
closed
Res. 7996
adopted
\IDItJl'ES QF ~ ~ 4, 19B9 ClT'i cœNC1L ~
(0::-781)
City Att.o=ey Kilian told Ms. ~ that CJpertino has a
low b.!siness license tax cœpared 1:1. other cities, an:i that
this ordinan::1e has not:hiIq to do with the heme OtY"'P"'tiat
o~.
Howard Jc::hnsa1, 22560 Alcalde Road, said that he had served
on the b.!siness tax rYMImittee. He said the ordinarx::e is
c:cIIplicated. He likes the e·-,~,LiCX1S b.rt: doesn't think it
is ~'!'!'Iy to have an awlicatiat for an e--'~'Lim. '!he
penalties and increases are great. He stated he doesn't
believe in raisin} taxes b.rt: thinks the vcters will "WLv-Je
this me. He wtJ..Ù.d like to see it called a CCI1trilJutim
ratl1er than a tax. If a certificate is _u'>.aiI, maybe it
oauld be "J:.. -ed up" to make it more att:r!lctive since it
1!IJSt be displayed. 'Ihia wtJ..Ù.d help make the ta1e me of
~kinq together ratl1er than bein:J regulated or taxed.
Retuzn envelopes shculd be provided with the business
license awlicatim.
Frank strazzarino, 20455 Silverado, ~ve Director of
the 0Jpertin0 Q1;nnhø,.. of n--'"Oe, thanked Courk::i1 far
inc1udin;J the Q1;nnhør in the}AL' ~e. It was tiE for a
revisiat. '!here was a good cress sector of the l"Y"OIOIII1I'\ity
represented at the l'Y'ftWIIittee. 'Ihey reviewed informatiat
!ran other l"Y"OIOIII1I'\ities and loakecl at a J'111IIh>1- of
a¡:proaàIes. Mr. strazzarino said he thinks this is fair,
equitable and wcn't i'T"" hardships.
Courk::. Szabo quest1a1ecl the justif1catim far the fees arx1
said that a flat fee was not fair for .......,..'1ies with me
Employee.
Mr. strazzarino said that the þL.' Tn allows for transitim
to the higher fee. '!he nev 0Idinanœ may not answer every
oancern.
Came. sorensen asJœd tmy l'1"....ificatim B in sectim
5.04.260 was inc1u:3ed. She said the categories need to be
looked at.
D:we ¡iheeler, CPA and past president of the Qunnhø,.., said
he had participated as a ....... .er of the tv'Mftittee. He said
the fee is .......~itive. He doesn't like taxes b.rt:
bus.meslfe& shculd pay their fair share for the use of city
services.
Alan Bidwell, 8JI:b Road, General Manager of J. C. Penney at
Valloo, said that he also has a small catalog store in san
Jose. '!he fee for the catalog store is $275 and the fee
for the large store at Vallco has been $25. He said the
fee for the Vallco store will ircrease l400% umer the nev
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MINtJI'ES OF '!HE DEa2iI3ER 4, 1989 CI1Y axJNCIL ME:F.Tn«;
(0:-781)
ordinance while the increase for ~nies with ens
enp10yee a1ly increase 40%. He urged ~il to ~U'Je
the ordinance.
HeDDan Hijmans, Tcp F\lnút:ure ShowI::ase am Walls am Woods,
said he was also a l'Y'ftWIIittee ~r. Maybe 8aIIB 8)0-'\'L1CX1S
could be ",ritten in to make it urore fair to siIçle ~loyee
busiJ"<>a-œ. He felt that the ordinance is fair to all _
bus:iJ"'>6<J9S aro the City.
Heward Jå1nsal stated that he represented the small
busines!i98 m the l'Y'ftWIIittee and felt that the ordinance is
a good CCIIprnnh....
Bill Seligman, 23080 Town center lane, '215, said he has
enjoyed the low fee tut uses the City infrastructure arx1
feels the new fee structure is fair.
Katherine McKellar, Iucille Avenue, said she has a _"
0Œ1aUltin¡ finn and is a CI1e-pE!rSa1 business. She said
that if the City wishes to E!I'1CCA.1nIge entrepreneurs, maybe
the fees could be l"'i"«i a1ly after the first or secx:.n1
year a ~ is in business.
Ellie Wemer stated that me Elllployee is allowed in haDe
N'T'I'l"'tim busir--98. She wculd not be averse to lCWlBl'in;J
the tax for no ,\.loyee busir- 98.
'D1e owner of a boutique m sage way said she cbjects to the
dcubl1zç of the fee in three years. She ~"""tecl that
council might want to CXl\Sider an itinerant IIIEIl'd1ant fee as
. 'W~.sad to a tax. Mr. snyder said that itinerant merdw1ts
are c:x:M!red in Classificatim C of the ordinance.
Dcuq carä, 1116l a.ItÐ Read, said that Courk::il might
CXl\Sider 8)o-,~.L.lnq anya'I8 III!Ikin;J less than $l,OOO a year.
It was IIIaII8d by Courk::. C"J>'mn..'1, seoouded by counc. Szabo
and I"''S'sed unanimaJsly by these }AL S iL (4-0) to close the
1Ù'lic hearing.
It was IIIaII8d by Came. 801:... T~, SEIOIX1ded by Courk::. Szabo
and l""ssed unanima.Jsly by these }AL BliL (4-0) to sen1 the
ordinance back to the l'Y'ftWIIittee for "fine tun1rxt' :1Jx:J.\ñiIç
CCI1Sideratim of e:.-.\.Lin;J bus:1J-.-'!!S that make less than
$1,000 a year and these with no Elllployees (owner operated)
arx1 review of classificaticne.
-5-
Public Hearing
closed
Ord. 1514
(business tax)
returned to
committee
.
Public hearing
closed
Photo Drive-
wppeal
.
MrnU1'ES OF 'mE ~ 4, 1999 Cl'N croNCIL ~
(0::-781)
15. ~1 of Architectural and site Approval Camlittee's
dec:isiat m "R'licatiat Þ.S.Þ.C 51.725.2: Sign
lIWlicatim of RIoto Drive-Up, located at l375 Sroth
saratoga SUnnyvale Road.
Director of C'rwmI"lity Devel<-pUt<ltt Cowan reviewed his staff
report with Cameil.
WIn. Seligman, attorney ~ appellant, said that
the sign ~ for the interior is not visible to
nort:hbaJrxi 1ICtorists. RIoto Drive-up offers other services
they need the PJblic to be aware of. Mr. Seligman
O..·II·....Jded staff.
Bcb Iawn!noe, General Manager of RIoto Drive-up, identified
the two signs they want to Iœep.
It was IIIaII8d by Came. Goldman, I!eOOI'Œ!è by Courk::. Szabo
and I"'~aed unaniJIw::A1Sly by those þl L.L (4-0) to close the
PJblic hearin¡.
It was mcIIed by Came. Goldman, seoaÙlod by Came. Szabo
and pa'9sed unaniJIw::A1Sly to modify the '-'isim of the
Architectural and site ~ Callnittee to reflect the
a~ of the existinq sign at the ccn:litim that the two
signs sayin¡ "1 Hour RIoto Drive Up" and "Video Cassette
rental" be remr::MId 1'raII the bûJ.din;¡ and that the ''Kodak
COpies" sign be plaoed i....-i>otely to the right of its
pI! S mt locatim.
16. lIWlicatim Nos. 10-Z-89, ~89 and 34-EA-89 - Harxy
Gheno - P-l-t for rezaú.n;J of 1.9 gross acres 1'raII
City of ~ R1-10 (sin¡le-family residential,
10,000 sq. ft. minimJm lot area) to City of QJpertino
R1-6 (sin;J1e-family residential, 6,000 sq. ft. minimJm
lot area) , or such other za1irq t'!1......ific:atim as may
be ... -M _"'¥Late by the PlanniJ'ç l"nmIi....im or
City Courk::il. Tentative Map to divide an ex:istJng
parcel into nine (9) lots rarx¡in¡ in size fraD 6,370
sq. ft. to 8,600 sq. ft. 'Ihe 14~ty is located in
the soot:heast quadrant of Blaney AV8I"I.1e and Rcdr1gues
Avenue. EnviramIenta1 Deteminatim: '!he PlanniJ'ç
l"nmIi ....im reo:> ...._,.ds the granting of a Negative
Declaratim. p.o.:> ····_,ded for a¡:praval. (It is
requested that Oooncil CXl\Sider I~ No. 19 in
cx:njunc:tim with this "R'licatim as they are related.)
(a) First readin:J of ordinance No. 15l5: "An
Orèinanoe of the City Courk::i1 of the City of
0Jpertin0 Amen:iirJ:J Sec:tim 1 of Ordinance No. 2 by
Pezanin;J ~tely 1.9 Gross Ac!"es fran City
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KINlJl'ES 01" 'mE ŒCE>!BER 4, 1999 CJ.T'{ cnJNCIL MœrING
(0:-781)
of CJpertino Rl-10 Za1e to City of 0Jpertin0 Rl-6
Za1e; Located in the southeast Q.¡adrant of Blaney
Avenue and Rodrigues Avenue (Q1eno-A¡:plicatim
lO-Z-89)."
It was anncunoed that Items 16. 18 am 19 will be
OCI'ISidered together at this time.
Director of Cnnmmùty Devel..''i,.'''''IIt. CcWcm p1.1S.!11ted his
L"'J:'ULt.
Ted Wi1sa1, Civil En:Jineer with !tier and wright said that
the applicant was willirx1 to post the bond for the tree
protectim.
Josept C11an;, ~..0285 Parks1de lane, said he had a oalO8D.
regardin;J the parJd.n; lot near Wi1sa1 Parle "--IS(! of
dan;Jer to children in the neighbortJcod. Director of Public
WorKs v.iskoviå1 stated that that OCiUceU. cx:uld be t'li....'aa'lld
further UD:Jer I~ 32.
It was IIIaII8d by counc. sorensen, seoalde..1 by Courk::. GoJ"'""'1
and I""ø"- UMJÙJII:JUSly by those r'l II ,L (4-0) to close the
public hearinq.
By ooosensus, council ""::IL.....d that the bond for tree
protec:t.ia1 shculd be iIx:reasecl to $10,000 per tree.
Ccurx:. v.q,pel requested that a ocntitim be ~ recpirin¡
that fra'1t yam land~inJ be installed before ~1peInCy.
It was IIICIII8d by Courk::. Su..:eUHII1 s....u..dt.d by Courk::. Goldman
and I""a....... un!IJ'1iJIIaJsly by those þl ! It. (4-0) to grant a
Negative Dec'laratim for A¡:pl1catim 10-Z-89.
It was IIIaII8d by Courk::. Sorensen, seoaded by Courk::. r....''''"'''1
and I"'øøe(1 un!IJ'1iJIIaJsly by those}AL II _,L (4-0) to "WLuv'8
çlicatim 10-Z-89 per P1.annin; l"nmIi....im Resolutim No.
4221.
It was IIIaII8d by Courk::. Goldman, ~.dt.d by CDmc. sorensen
arx1 I"'a"- unuúm:Jusly by those }AL II[Ht (4-0) to read
Ordinance No. 1515 by title a1ly arx1 the Deputy City
Cleñt's readin;J to OCI'1Stitute the fiIst readin;J thereof.
It was IIIaII8d by Courk::. sorensen, seccI1ded by Courk::. Goldman
arx1 pae~ UI'IaIÚ.IID.1Sly by those p1.: = .,L (4-0) to grant a
Negative Declaratim for çlicatim l5-'IM-89.
-7-
Public hearin
closed
Tree bond
increased
Neg. Dec.
for lO-Z-89
lO-Z-89
approved
First reading
of Ord. ISIS
Neg. Dec. for
IS-TM-89
·
l5-T~-89
appr()ved
2l-T~-87 (Am.)
approved
·
·
MINlJl'ES OF THE ŒXDmER 4 , 1989 ClT'i <nJNCIL MEEl'I}t;
(0::-781)
It was IIIaII8d by Counc. Sorensen, seocrxIed by Courk::. Szabo
and pë!eged unan1:mcusly by these p.. s ..L (4-0) to "WLVIfe
A¡:plicatim l5-'IM-89 per P1al'11'Ùn:J ChmIi ....1m ResolutiŒ1 No.
4222 with O:niitim 14 amended to d1ange the aunmt of the
bcn:l to $10,000 per tree, and with the additim of
conditiŒ1 No. 17 requirin;J that frart: yard lam"'Capin;¡ be
installed prior to 00CI1£""n:::y.
It was IIIaII8d by Came. Sorensen, seCXhJo..l by Came. Szabo
and ~"-ed unan1:mcusly by these ~ S _JL to ðR)I0Ye
A¡:plicatim 21-'IH-87 (AJDenjed) per Plal'1l'Ùn:J l"ronmi ....im
Resolutim No. 4223.
PIANNDC APPLICATIœ5
17. A¡:plicatim 18-u-B4 City center Associates -
Calsideratim of a permanent use for a 2.5 acre parcel
Cl41"",Jtly used for t"_.,,<JI1.oUy parJdn;J. Said }AL"¥'Lty is
located m the east side of Torre AveraJe "WL"""i_tely
600 ft. south of stevens creek Eb.ùevard.
Envh...........lal Detelminatim: Categorically b-·" .t.
Re(~-· -ded far ~uonü.
Director of Chnno"'1ity Devel"¥,,,",JL Cowan reviewed his staff
....~t.
Mark Kroll, 0Jpert.in0 City center Assodates, stated that
in JUly, 1988, fwr of the five Courk::il ,,-,¡ -ers said the
City had no intentim of havin;J a paJ:tt at this site. He
believed the residential project best &elveS 0Jpert.in0.
'Ihere is a shortage of hcusin;¡. Mr. Kroll said that they
wre net here to "i....._.. that project, tut _..... the use
pemit is expirln:]. He said he wants to talk to the
neighbors abcut the use of the pr;:prty, arx1 that they were
aIt in farce to plead their case. Mr. Kroll said no a18 is
. M'= nel to parks, tut he is . ",,<sed to t.aJd.n;J of prcpu:ty
far a 1U-1A.CIa for ŸÚå1 it was never interñsd. If the City
wants to b.1y it, that wo.ùd be fine. 'Ihe prcpu:ty is net
za1ed for c:p!n ~ - it is Za1ed for residential. Pec.ple
are better served 10hIn they part1cipete in the }AL. O""'a
rather than åJsetVin;¡. council has received many letters,
and he ..t........-Jly "i'"""';lréood with the facts in SCIII8 of them.
He said that Courk::il wo.ùd see a tape of a portim of the
October 3 meetin;J, and he hq)ed to see the tape where fwr
Ccurx:il --..¡ -ers referred to the City havin;J no intentim of
a paJ:tt m the property. He said he is in fllVOr of parJcs,
tut it wasn't intended that there be c:p!n <I['a09 there. He
wo.ùd like to meet with the people. He believes closin;¡
the parJdn;J lot wo.ùel be ¡;uUtive arx1 wo.ùd serve no
plIJ)CS8 exK:q¡t to incanvenieooe BaDe who paJ:tt there.
-8-
MINl1ID3 OF 'IHE DECE11BER 4, 1989 CITY CXXJNCIL MEXI'!N:J
(0::-781)
Courx:. Szabo questioned the need for the parking lot as it
was a ten¡x>rary use.
Courk::. ~l said that it had been used for overflow
parking duriI'ç canstructim in that area. If it wP-r'e
vacant there WOlÙd be dust prà:¡lems.
Farokh {)(o1!oo, 10257 Nile Drive, u¥L~~jlÏn3' the Board of
Directors of Waterfall, said there had been no reply frcm
Mr. Kroll '-/hen residents had OCI'Itactecl his office regardin;J
a 1IIBeI:in;J. 'Ihey are not tryiI'ç to take the ptq)erty. Mr .
{)(oBex> questia1ecl why there had been no envh..........It.al L~t
for this heariI'ç. 'Ihere are cu=ently prà:>lems with
traffic an:! high density, an:! Mr. Vidovich is J:uildin;J 160
lD1its with six stories.
Mr . {)(o1 nn introduoed a videotape of Courk::il nw:omhers
speakin;J m the i .....Je at the 0ctà:Jer, 1988 Courk::il
meetin;J. He said there is no need for a parkirg lot there,
an:! i~ shalld be closed. Followin::1 showirg of the film,
Mr. ()(oBoe) said that Courk::. Gatto's t.estiJDa'Jy was fraD the
AI.J; Ust, 1988 1IIBeI:in;J.
Fhi1 Halstead, 20286 Pinnt.age Parkway, said his residence
overlooks the parking lot. He said he is the spa1œsman far
Town Center Townhaœs and 0Jpertin0 Waterfall. He read a
letter dated NoIIeuiJer 29 requestin;J that Camcil vote
against authariziI'ç the fomatim of an ad hoc deve1"¥"""1t
l"'nmIittee, begin to can)' cut ex:istin:J City policy ~ch is
....J odiecl in ~ Use PeImit l8-t1-84 CcniitiCX1S 19 and
16, remcve the ~t an:! plant grass and b:: !! at the 2.4
acre site and make the park pe=anent by purchase of the
lot. Mr. Halstead reviewed a booklet that had been
µ s ,1t.ecl to Courk::il, and read a letter ocntainecl therein
dated O&(-,¡ -a 1. He said he believed that the J:uildin;J
goiI'ç m in City Center shalld be re. E!'......i'1Sd., and that
Courk::il sha1lcl take a look at the vidavich deve1"¥"""1t - it
is ve..-y intense.
RE)'l'!Ctc;: 9:15-9:30 p.m.
lInthcny sanfiliRX>, 10173 DBrmbe Drive, quest1a1ecl the c:p!n
gpaoe designated m the drawin;J. He said there is a
traffic prà:¡lem in the area and that police officers agree
with him. He WOlÙd liJœ to see a benefit to the nrmnnúty.
Karl Paradise, 20281 Pinnt.age Parkwët.y, lives at the border
of the tTian:J1e. He said residents had ~ their
hcmes with the umerst.arrdiJg that there WOlÙd be a park
-9-
·
MINUl'æ OF 'mE ŒŒMBER 4 , 1989 ClTI <nJNCIL MEErm::;
(0::7111.)
there. In his cpinion, there 10Iere m hidden meanirgs or
amiguities in t..'Je use permit~. To allow anything
other than a park \oIQÙd be an irreversible envira1menta1
disaster .
~ra Edwards, a CUpertino resident am Hewlett-PacIcard
enployee spaJœ in favor of c:p!n space in the trian;Jle.
MJrray James, 10190 [)mube, expressed ooncern with traffic
m Rodrigues.
carol Ban;Jham, Pinntage Parkway, president of the
l'IaDeamers ~"'EIOt"iatim, said her heme overlooks the parXin;J
lot. She said that what is ~ sho.11d be I::ui1t out,
and after that redo a traffic study. She \oIQÙd not lilœ to
see this go to litigatiŒ1. '!he intent of a J::u¡iness and
residential nt'WlWlllnúty werking together has been lost.
Elizabeth Hoffman, Nile Drive, bought her haDe cna year
ago. She had noticed the density at that time. '!he 2.4
acre pBXX was what had oanvinoed her to buy.
·
Georqia Hannah, Dan.1be Drive, a new resident, said she
......'ld lilœ to see p1:: õ III ocn:litiCX1S and à1aracter
maintained, not more density, traffic am mise.
COlleen FUllio CUpertino Tawnhaœs "cuzociatim vice
president, said Mr. COWan's J:"E!œrks regardin;J c:p!n sp!Iœ
were most 8Ùi.ght.enirJ1 She said st.e had relied m the c:p!n
~ designatim when she bo.Ight:. her haDe. It was her
UI'IderstancUn: t"at the tr1an]le he.d been designated cpen
~ p.....oOIIely --'... of the anticipated density in the
Town 0Inter. A significant mDCII.U1t 01: housin:J has a1rædy
been a¡praved - the mirror i""'9'" I::ui1din;. 'lbere is no need
to use the tr1an]le for hwsin:J. '!he traffic study
prev1wsly oc.n:Jucted was based a.1 the triarçle being c:p!n
speœ; therefore, it cnùd not be relied m if the trian;J1e
were døvelqøi. Traffic is :üready a prå:llem. It's tiE
to }AL serve the ne1ghbœ:00uJ arx1 Courk::il's integrity by
closin:J the parkirg lot arx1 CXl\S1derin:J a permanent use of
the lot .. ...,-, .surate with the c:p!n ~ce designatim.
Margaret R.1 said she had ba.Jght two units because of the
park. She said they want to stay in CUpertino.
·
Howard AaI.......... said he was the first resident at the
Waterfall and ba.Jght with the UI'IderstancUn: that the
trian;¡le area \oIQÙd never be develcped.
Jim K::Closky said that he had been a resident of 1b1ta
Vista far nine years am has li vecl in Town Center for the
past 1-1/2 years. He \'"<\5 raised in Fhiladel~ am does
-10-
MINUI'ES OF 'lHE ~ 4, 1989 CI'lY axJNCIL l'IEE'I'mì
(0::-781)
not want to live in a simi l..r env.L............L. He asked when
PraDetheus is scheduled to begin oa1Struction on the mirror
image roildirx].
Linda Lee, said she SI4P ....l.s <p!I1 yleea1 space in the
triarg1e.
Gail Olsat, 10239 Dalu1be Drive, said she un:3erstood the
tr1arg1e 1òOlÙ.d be c:p!n ~. 'n1e parkirç lot has been
there five years. It is time to p.zt trees there.
Regar<iin;J traffic, she said she 'NQÙ.d be interested in
seein;J the traffic studies Hr. Kier }AL B Ijled at the
PlðJ'1l'1ing o-o-i......lm. a::urx::il mT.... to listen to peq>le.
Paul Ilgenfritz, 10266, DBrI.Ibe, said we do not need traffic
studies to know it does not work. Hr. Ilgenfritz said the
PlanniIg l"nmIi....im shculd be repll) ...-1 so clearer
ocn:litiCX1S will be set forth.
Sally Waite said the density is incredible. We need the
oxygen the l... 1òOlÙ.d provide. She came frail san
Francisco to ~ density. ~t has ~Iecl is not her
dream. She urged council to step further b.1i1din;J and
pollutinJ and just say no.
Hr. Rroll said PraDsthIIIus has t.aJœn its ci>l1gatim
seriCAJSly. He stated that they were not here t.a1ight to
,Ii........... density, but ---I five years is up and they want
to talk with the neighbors. He said he wants a parle, he
just dcesn't want to dcnate a'I8. 'n1e Pinn Bros. .L~ L
said this site was CXl\S1dered as the site of a post office
with office or a post office with high density
residential. If the City wants to l:Juy the }AL,+",,-"ty for a
parle, it's for sale as a parle. He said he anticipates
c:x::I'1Struc:tm of a hotel this sl-'-, and the CX'IlStJ:uctim
peq>le ocW.d use the parItinq. He also . ,!","sad traffic
~m.
It was IIIaII8d by Courk::. Goldmn, secxn:!ed by Courk::. Sorensen
an:l I""~....,ò unanimoosly by these prn:ltt (4-0) to close the
p.¡blic hearin;J.
1)J1:in;J the ensuin;J rli......'....ia1, Cameil 'u···....1ded Hr. Rroll
arx1 the residents. It was Courk::i1 0CI'ISelI&JS that the use
of the property as a parkirç lot be 0CI1tinuecl as
reo ··.._'ded by staff an:l that there was a need for
cœm.mication between residents an:l the developer.
It was m::;.red by counc. Goldman, secc:n:Jed by Courk::. Szabo
:mj I"'~~'Bd unanimoosly by these present (4-0) that the use
-11-
Public hearing
close<i
Leof "tri-
angle" lot
"s parking
lot continued
.
.
KINUl'ES OF 'nŒ IJECDœER 4, 1989 CIT'i OXJNCIL MEEI'I}(;
(CC-781)
of the lot as a parking facility be CX1'ItirJJed far an
8-mc11th pericx:l, am that staff initiate a meetin::J with
deve1~ and representatives of the Waterfall and Town
center 'I'ownhcmes residential t"YT.W1'11T\ities to ñi",(:"",,,,
potential qd.CX1S for the 2.4 acre "triangle" prq¡erty
located easterly of and adjacent to Torre Averue, the
objective of the metin;J ~ to foster CY'OmII1T\icatim
between said parties 104U.ch will Deet larx1 use and design
cbjectives of all parties: the IIIltually dsve1cpecl
cbjectives will lead to the "",hftittal of a :reza'ling
a¡:plicaticn for the property which will define the ultiJDate
use and design for the }AL'+"=Lty.
18. Awlicatim No. lSJIM-89 - Harty Gheno. (Please see
I~ No. 16.)
Previously approved with Items 16 and 19.
19. Awlicatim No. 21-'IM-87 (amended) and 51-EA-89 - City
of QJpertino - A¡:plicatim for ame.udlDe1.L of CXI1ditim
No. 1 of Sl1bd1visim 21-'IM-87 to ñi....._a and define
altemative a~a ocnf1guratim(s) for Hall CDJrt
be.bJeeJ. Blaney AvenJe and Wilsa1 Park, including
possible deve1"¥""'.L of right-tmn ~_--=:IL ø to
Hall CDJrt.
Previously approved with Items 16 and 18.
20. Awlicatim 13-U-89 and 14-EA-89 - Sà:D:ato Devel"¥""'tL
C'n'opo'1ies - A¡:plicaticn for Use Permit to ñaannlish an
existirg 570,000 sq. ft. imustrial I:W.1cting and
caDt......x:t a 965,000 sq. ft. (785,000 }AL·....~nd net floor
area) office structure, with related site
:iJJprc:Neme.r.. '!he }AL'+"=Lty is lcx:ated m the east side
of DeAnza Eb.ùevard between Interstate 280 arx1 Mariani
AvenJe. Envh..........l4l DeteminatiCX1S: '!be Planninq
l"nmIi....im rec, ....-... the grantirç of a Negative
Declaratim. Rà(. ···,-ùed for "WLwal. (o::nti:raJecl
frail NoI.....L.:... 6 and 20, 1989. )
Director of Chmllt'1ity Devel"¥""'.L cowan reviewed the staff
L~L. He said the s1zçle pn:~ of taùght's IIIIEMJtirxI
was to review the dte plan and architecture regardin;J the
relationship bebJeen the 1-L' ......""ed 1:W.1din;Js and the
sirçle-family clwellin;¡s to the east.
Bill 9Jn1s, Sobrato Devel~.L, told cnmcil that
rapid-growin:¡ trees will be planted nearly 80 ft. frail the
property line to block the view of the 1:W.1clliç;. He
showed hew the parking lot has been designed arx1 to
ñi~ e;reedin;J cars and said there wculd slow grcMin::J
trees closer to the fence. HI'. 9Jn1s also showed the
routes that will be taken by the garbage trucJæ and
inticated that they were well away fran the residences.
-u-
.
MINt1l'ES OF 'IHE I:JEJC:EMBER 4, 1989 ClTi CXXJNCIL MEE:I'DC
(0::-781)
Mr. 8.1rns shewed drawin;Js indicatin:j the line of sight fran
the resideuCles. He said the fast-qrowirxJ trees woold
prcèab1y be acacia or pine and grow 4-1/2-5 t't. per year.
Drawil'Y:}S showing shadow lines of trees and the ~. ¥:eed
buildin;J at 2 p.m. , ~T 21 and 2 p.m., JUne 2l ~
displayed. Mr. 8.1rns said this shewed that the shade cast
by the buildin;Js woolð !1ave I'D effect m the hoo II!'OO .
~ asked hõ...., this plan differed fraD the Œ18 }AL S clIted to
the fOIm<!r coor~i', Mr. 8.1rns said there are five buildin;¡s
instead of foor. '!he other plan was prepared with a
particular tenært: in m:in:1.
Harold Jà1nsa1, 10511 Larry Way, said he has been baIiJarded
with info:tmatim; it takes tiE to look at a new plan. He
stated OCUClm:lIS with noise, ha.Jrs of qxu:atim, visual
intrusim arx1 interference with TV re...q...Lim. 'l11e new plan
has the bui1din;Js 283 ft. fraD the fence instead of 440
ft. Mr. Jà1nsa1 said that a foor story buildin;J, even Œ18
s...:t...e..ecI by trees, is big. He said the residents value
their west:em expoEI'Jre.
steve Presser, l0699 Ia:cry Way, said that the boose setback
and bui1din;J elevatiCX1S shown were Úo.AJLL.....--t. '!he whole
seocnd floor of the buildin;Js pus!IItly there can be seen
fraD the houses. Trees will not block the sight of the
buildin;Js. He said he spends a lot of time in his back
yard. In his opiniŒl the plans were not to scale arx1 were
misleadirg .
Qmck Eaneff, l0698 I.any way, said this plan is
significantly different in tenDs of the J'111IIIher of
bui1din;Js, set:baC'Jæ, and heights. He felt there had been
saœ mi.srepresentatm and that maybe Mr. Sà::lrato was bein:]
mislead by his devel"¥,",,,«: team. He said that at 440 ft.
the bui1din;Js oculd be seP.I'1 by residents; at 230 ft. they
woold lOClll aver them. Mr. Faneff said he felt that poor
}AL sShtatiCX1S had been made to the P1anr\in;J ,..",."i....iŒl and
City Cameil by the developer. Becanse the buildin;J will
be ŒI an eight ft. berm, it will be the equivalent of a
five or six story buildin;J, even thcugh it's tedm1cally
foor stories. He said the developer could do saaetl1i1ç
with the windows and lower the bui1din;J floor to the same
level as the residences. He said he hopes Cameil is
careful in CXI\S~ all points.
Wesley Wiegel, l0726 I.any Way, said he agreed with Mr.
E:meff. He suggested that Courk::il take a walk down the
street and see ~t the residents see.
.
.
-13-
.
13-U-89
referred
to Planning
Com.
.
17-U-89
approved
.
MINtJl'ES OF '!HE ŒCEMBER 4, 1989 CIT'i CDJNCIL MEFrIN:;
(0.::-781)
Harold Jà1nsa1 said that balcxnies waù.d help I..m>oe visual
intrusim.
Boyd Jå'msa'I, 10671 Iany Way, said he has lived there for
37 years. 'Ihe sight lines as shown camat be accurate. He
said he didn't believe that 2,000 mare eup1.oyees will
iJIpraYe the City.
HI" . BJrns shewed pictures taken frail the fence line. He
said the developer has listened to the residents.
It was moved by Courk::. Szabo, secaldecl by Came. Goldman
arx1 I""--'!!d 1.II'1iU1i.JIø.ly by these }AL s ..L (4-0) to refer
AR>licatim 13-U-89 to the Plëll'll1in;J l"nmIi...im with
instructiCX1S to -i'18 (1) arlldin;J height - dces it
cc::nf= to the General Plan; (2) Is the gross square
footage (ocœi.derin¡ amenities) in cc::nformance with the
General Plan; (3) Traffic - need mare detailed informatim
and (4) sandpile effect.
City Attomey Kilian informed CJciUooil that the law says the
Plëll'll1in;J l"nmIi ....im IIIJSt Lq..oIt back to City Courk::il within
90 days.
21. Al:PJ,icatim No. 17-U-89 - Bih~ surç - UÆ Permit to
cperate a 790 sq. ft. dance studio within a1'\ ex:istin;J
shcH>ineJ center (sect1m 6(1<) of Ordinance No. 1349).
EnvL.~--=ad.al Deteminatiœ: categoriœl1y Ð--,1. -L.
'Ihe }AL~ Lý is located at 19985 stevens creek
Eb.ùevard. Reo ..···-·Ided for approval.
Director of Chml1ruty Devel,+"""ít cowan reviewed the staff
L~L. He said that perkiD;J sha1lcl not be a prcblEll1
~tse most of the stments are d1i1dren and will be
..h.. ~ off by their parents. Parents are not allowed in
the clae-æ.
~ surç, awlicant, waa þ1:as_.t to answer quest1CX1S.
It was IIIaII8d by counc. IC.qp!l, seocnied by Came. Goldman
am passed unanimcA.Isly by these PI r .L (4-0) to arpzCN8
AR>licatim 17-U-89 per PléU'l!'lin1l"nm1i....im Resolut1m No.
4228.
22. AR>licatim No. 24-U-89 - MJriel Nollan (West Valley
Mana."~.",, It Cmpn"atim) - Use Permit to c.perate a
4o-seat dine-in restaurant with beer am wine sales
within an ex:istin;J shewineJ center. E!1vL....WIC&rt:.al
DeteIminatim: '!he PlaI'1l'1in; l"nmIi....im lee' ····....räs the
grantinq of a Negative Declarat1a1. '!he prcpert:y is
located at 10033 Mann Drive. Reo· ...._'Ided for approval.
-14-
MINl1I'ES OF 'IHE DEX:DœER 4, 1989 CIT'i o::xJNCIL ~
(0::-781)
Followir..g the presentation of the staff report by Mr.
cowan, M.Jriel Nollan, applicant, said she is williIq to
abide by the cx:nlltiCl1S i~ by the Plannin;J l"nmIi....im.
Michele aJdris, 6693 Clifford Drive, said she is cx:I'D!rned
with the boors of service and asked if this is a restaurant
or a bar. She asked why we n~: ~ another restaurant here
- there are lots of restaurants serviIq alcå1ol. How can
it be verified that cx:nlltiCl1S will be followed?
Ms. NoHan said that she is willirg to work with the
ocntition that there be no food service after 9:30 p.m.
Ms. aJdris said she was ham' with that.
It was IIICIIIed by Courk::. sorensen, seoc:nØi by came. Goldman
and [""aaed unaniJInlsly by these ~L S lit (4-0) to grant a
Negative Declaration for the project.
It was IIIaII8d by Courk::. Goldman, seoc:nØi by Courk::. Szabo
arx1 pE'~'I'ed \.Il'1iIlliJoaJly by these pus_It (4-0) to "WLvVe
A¡;:plicatim 24-U-89 per Plannin;J l"nmIi ""..im Resolut1at No.
4229 with Q;niitim 2 ~ to state that no food sball
be served after 9:30 p.m.
23. J\¡:.pl1catim No. 26-U-89 - saratoga sales and I.easiIq -
Use PeJ:mit to allow cutdcor display of autaDOOiles for
sale as an adjunct use to an existin;J vehicle leasiIq
tenancy with an existin;J office .....i'diIq.
Envh..........1tal Deteminatim: categorically E:--'1.'L.
'!he prqerty is located m the north side of stevens
creek Eb.ùevard between Blaney and Portal AveraJes
(19925 stevens creek Bo.ù.evard). Rec:> -·-·....Iãecl for
~..Nal.
Director of cnrmn'1ity Devel"¥"""1t. Ocwan deøc::ribed the
project.
It was IIIaII8d by Courk::. Szabo, seoc:nØi by Courk::. Goldman
arx1 [""aaed \.Il'1iIlliJoaJly by these PJ':S ,It (4-0) to "WLvVe
J\¡:.plicatim 26-U-89 per P1.annin;J o-o-i ....im Resolutim No.
4230.
J\RCHI'I'ælURAL AND SITE APPKNAL CXHnTl'EE APPLICATIOOS
24. Ncne.
UNFINISHED ElJSINESS
25. None.
-15-
Neg. Dec.
for 24-U-89
24-U-89
approved
26-U-89
approved
.
Set PH for
Jan. 16, 1990
Ftpt reading
of Ord. 1516
Unreinforced
masonry
buildings
.
MINJI'ES OF THE DECEMBER 4 I 1989 CITI romcIL ME:El'm:;
(0::-781)
NE14 aJSINESS
26. Review of responses to survey ocn:luc:ted by Regnart
creek Safe NeighLuLl,..,....J coalitim am Oc:.t1S1deratim of
settirq dates for a public hearin3' (stellirq Rœd
Cormectian) .
Director of Public WOrks Vislwvich ~ !1 .ítad a ""-ry of
the results of the survey.
It was 1IICIfecl by counc. Szabo, secx:njed by Courk::. Gatto arx1
I"'a~ed ~ly by these pIe!1:líI: (4-0) to set the pIblic
hearin¡ for J~ 16, 1990.
27. CcI1sideratim of establishiI'q design am canstroctim
specificatiCX1S for public works projects.
(a) First readin¡ of Ordinance No. 1516: "An
Ordinance of the City Cameil of the City of
0Jpert.in0 AmendirJ;J sectim 14.04.200 of the
0Jpert.in0 ø.micipal cede Establishin:] Design and
Ca1structia1 Details, standards am SpecificatiCX1S
for Public Works Projects."
It was IIIaII8d by counc. Szabo, seoa1ded by Courk::. s........L 1111
and I"'a....... unanimcusly to read Ordinance No. 1516 by title
a1ly and the Dep1ty City Clerk's readirç to CICI'1Stitute the
first readirç thereof.
28. Disc"....im of policy qd.CX1S regardin;J regul.atim of
unreinforCEkl mascmy n"i'd1n;Js.
Director of l"'rInoIIo"1ity Devel"¥"",,íL 0CWan said that it had
been deteDDined that there was a18 tuildiDJ in the City
that may be unre1nfw......d mascmy (Adcbe Inn, stevens creek
Ballevard) .
It was 1IICIfecl by Courk::. Szabo, seoa1ded by Courk::. I"'....,m-"
arx1 I"'~~ed unanimcusly by these ~ !U<lJL to ap,proY8 the
mini:III.1m mitigatim ~~GIB (mtificatim of legal owners of
reoœ:à of potentially hazardcus b.ù1d1n;Js) and to direct
staff to report in Jaruary regardin:] 1òhat other cities are
doirq in terms of legislatim.
29. Request for eliminatim of permit parkin:] m
01ristensen received fraD 01en:y walsh.
Director of Public WOrks Viskovidl told Courk::il the
backgraJnd of the situatim.
-16-
MINUTES OF '!HE I::fX:D-IBER 4, 1989 CTIY CŒJNCIL ~
(CC-1Bl\
Nancy 8.1rnett, 729 stendhal Lane, pointed out m a map
where two or three ~ places ca.ù.d be installed m
au-istensen where there are no balses. She ~ a
t:eIpJraIy lœdin; Za1e at the COl"er by Mem>rial Park so
cars co.lld s1:q) an:i unload before lookirY:1 for a ~
place.
Rebert Shakcw, 21033 au-istensen, said. he S1~Ls peImit
~ wt dcesl1't want it granted if it will i~ Ann
Arl:Jor. He said he wished Ann Arl:Jor wœld join them as well
as those m lauretta.
D:lvid Q1an, 21143 Christensen, thanJœd Courk::il far the
permit parJdn;J. He said he feels that it helps make it
very safe far his two small children. He doesn't think
there shculd be parkin;J where Ms. an-nett ~._-œd. He
asked Courk::il to retain permit parkin;J.
Rebert Wilsa1, 21153 Christensen Drive, said he SI.oK. '. Led
permit ~.
By CX1'ISenSUS, Courk::il directed no d1ange in the peImit
parkin;J en Christensen Drive.
RE)~<;: 12:15-12:20 p.m.
30. Rq...u.L m bid cpeninq and award of UoIIIt....aCt: DeAnza
COllege Si"'-ralk Installatim, Project 89-108.
Director of Public 1LLk.. Viskovid1 }AL is ited staff's
no . ····-œtim.
It was IIIaII8d by Courk::. Szabo, ~.ied by counc. Sw.__ SIn
and I"'a""" l.D'IiIlÚJIICUSy by these}AL J ,)t (4-0) to award the
UoII.t....CICt to Golden Bay Ox1structim in the mEIUI1t of
$58,593.50 and to authorize a $10,000 c:a1tirgency for a
total project of $68,593.50.
31. CD1Sideratim of establ~ and sharinq in the
fun:lirç of a Ycut:h PJ:'còatim ~~_ jointly with
Q¡pertino tblen School District, F...........íL tbic:n High
School District and the santa Clara County Prà:latien
Department.
Assistant to the r:ity Manager Brown described the }AL~
pl~aw.
It was DDVecl by Courk::. Szabo, secx:n:Ied by Courk::. sorensen
and I"'~aed unaniDnlsly by these }AL u;ent (4-0) to authorize
the ùplementatim of the }AL' 'i-<nd Ycut:h Prà:latim Officer
-17-
Permit parkin
on Chris tense
Contract to
Golden Bay
Construction
Youth Proba-
tion Program
.
wttm Park
parking
.
MINlJl'!'S OF 'mE rÆ':C!:M'Bm 4, 1999 Cl'N cn1NC1l. ~
(0::-781)
Pì.V:jLGIB with tl".e pravisia1 that QJpertino unim School
District arx1 Fl.........L unim High School District also
p¡nticipete in the ÌJL~GIB with the three jurisdictiCX1S
jointly sharing the salary costs of the ~~GIB; to direct
staff to bring the 1990-91 funding autharizatim through
the regular rodget fit, ('ð<'a with the pravisim that the two
school districts 0CI1tinue to jointly share the salary costs
of the }ALCyLaw.
32. Request for awroval of WilSa1 ParK parking design.
Director of Public Works Viskovidl pnsented the }AL' ¥Csed
plan to Courk::il.
Jœe¡;:h Q1arg, 10285 Parkside Lane, said he is .............!1eI.l
aba.rt: safety when backinq art: of his driveway. He said he
~d a¡:p1:eo.iate more thwght ~ given to this matter.
Mrs. Q1arg &.ft,......d with her luIsbaJñ.
Mr. Viskavidl stated that all 00U081.1. will be cc:nI1dm:ed
and that the plan is very cc..........Wal at this time. staff
will 1IiIt'Iñt with the 01angs and other neighbors.
It was IIIaII8d by Came. Szabo, aeoouded by counc. sorensen
and I"'aaed I.InIUÚJIDJSly by those }AL !' ilL (4-0) to authorize
staff to~,. """d with the 0CI1St:ructia1 of the peJ:peI.1i~ùar
parking in a joint effort with the school district and to
1IiIt'Iñt with affected residents.
WRITl'EN <XHUIICATIœs
33. Letter regard:inj zaúnq m fcur-plex at l0292 and 10302
Terry Way received fraD Ridlard Dixcn.
Director of ChnnI11Ú.ty DevelC{DE!l1t 0CJwan reviewed the staff
l~t. He said Courk::il '1~_.."", to decide how to han:lle a
legal, ~.tcmninq use.
City Attamey Kilian said it is the buyer's abligatim to
dleck with the City before ~ing property.
Mary Brown, a real estate broker L~ Ii ¡Ling the Dixa1s,
said they are asking' CWncil to amerñ the density cm1inanoe
as it is unfair. It pertains to all R3 units. It _u.... to
be c::harçed so the S~ "I........'t' of units can be rebuilt.
Jean Cleaver, 54l Garven St.....d:, Los Altos, said she owns
one of the affected pL~ies arxi will not be able to
sell. '!be regulatiCl'lS result in a 50% devaluatim of
property in scme <:'aEes.
-18-
~ OF '!HE ~ 4, 1989 CITi a:xJNCIL l'IEEI'mï
(0::-781)
Dave ¥'T"'" .., 10161 Bilich Place, said he had pn:'Chased a
fCll..1r"'1'lex before the area was annexed :fran San Jose. 'Ibere
was no indicatiŒ1 that the 1JL~ty woold be devalued. It
awears the ~le ""' have the most vested interest are
not bein:1 notified when saoethin;J woold :iDpct them so
DJCh. 'Ibere s .... to be a l.uul toward higher density m
vacant land b.Jt the units already built can't have the
density. Mr. JCt'p>lA said the affected ptq)erty CXl\Sists of
nice units in a nice area. D.1plexes will not fit in. He
asJœd that Cameil CXl\Sider allowin;¡' fCll..1r"'1'lexes to be
oc:nvertecl to townhc:mes; it woold still give the owners scme
value .
Pet:RY Fridenstine, 3624 Woodford Drive, san Jose, said she
awns a fCll..1r"'1'lex and asked Courk::il to put t:1v>r-lves in her
place. If a1ly a triplex can be N",i1t in the event the
}AL s ,Jl. builcUn:J is destroyed, she should a1ly be payin;J
taxes m a triplex now.
City Attarney Kilian said that if there is a }AL' ~sed
zaU.n:J åw¥Je, it waàd have to be ca1S:idered by the
Planninq l"nmIi ....1m fiIst.
By ocnsensus, Courk::il ref....L..d the i.....18 to the Planninq
l"nmIi ....im.
Four-plex
zoning re-
ferred co PC
34. Letter fraD David W. CaytŒI request.in} ........':b"è&Jls to
the City's ordinance pertaj.ninJ to water regulatim.
Mr. CaytŒI stated that his interactia1 with staff had been
good.
Director of Finance Snyder said that allvLu..:.Jts had been
adjusted for nsw l~ing ar far a different: '11.......... of
~le, usinq 1987 as the base year.
Mr. cayt.a1 said that the fine i~ned is inecpitable. He
is askinq, that a tenant be CXI\S:idered the custcmer, and a
nsw tenant wculd be treated like a nsw owner.
Director of Public WOl.1c& Vis1a:wiå1 stated that the
ordinance allows for an ~,.. board ~å1 should be able
to han:1le the matter.
By Ca1SenSUS, the matter was referred to the water "II't"""'"
board.
Water appeal
-19-
·
Second reading
of Ord. 1513
·
geA:ua Racque
Club
·
HINUI'ES OF '!HE I:EX::EMBm 4, lS89 CIT'i cnJNCIL MEETDG
(0::-761)
ùRDINANCæ
35. Seocni readin:j and enacbIIent of ordinance No. 1513:
"An Ordinance of the City Courk::il of the City of
0Jpert.in0 Establishin} Restrictia1S and Regu1atiCX1S far
the Ck1nservatim of Water."
It was IIIaII8d by Courk::. s..............., seoc:r1ded by Courk::. ("J'>,tiInot"
and r-a....... \.1I'Ia11imwsly to read ordinance No. 1513 by title
a1ly and the DepIty City ClElIit's readinq to oalStitute the
sec:xn:\ readinq thereof.
RESOIDrIœs
36. Ncne.
STAFF ~::¡
37. Orall.~ts by staff -¡exs. - Ncne.
<XXJNCIL ~::¡ - Na1e.
MMEI) sæsIal
NegotiatiCX1S for purd¡ase, sale, exd1an;Je, ar lease of real
i'L"¥"'-ty (GoII.a.........IL Code sectia1 54956.8).
At l:20 a..., CouD::il adjaImecl to a clcøecl ..--ai.a1 to
,'Ii .....we the purd¡ase of the DeAnza RaocpIt Club trail
Vidcwic::h, et al,
At 1:25 a..., CouD::il recx:nvened in cpen r icn .in Courk::il
o.-...¡ ex. CouD::il fro... J._ Go1ti1not", Kq:ipel, &....__ In and
Szabo were }AL r .L as were City Manager Brcwn, DIIp1ty City
ClElIit Wolfe, City Attamey Kilian, Director of n-.1I'\ity
Devel"¥""'.L cowan, and Director of PeDœ and B&........tim
Dowlirç .
It was IIIaII8d by 0a.Inc. Szabo, seocu.:16J by Courk::. &...._dBn
and ]?"a....... unan:iJDcus1y by these i'L S IL (4-0) to }AL. ';n:'l
alCXJ1 the lines of ncn-bi.n:iirç amitratim as outlined in
clcøecl sessiŒ1.
At l:28 a.m., the meetirg was adjij
~~ 1ut0p J'
City ClElIit
-20-