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CC 09-19-89 CIT'i OF aJPERI'IN), STATE OF CALI:FtRÐ:A 10300 '!U1<I<I:; AVE1roE, aJPERI'INO, CA 95014 TELEPHONE: (408) 252-4505 MINtJl'ES OF 'IHE RmJIAR CIT'i CXXJNCIL MŒrnC HElD CN SEPI'EMBER 18, 1989, CXXJNCIL CHAMBER, CI'IY HAIL 10300 '!I.IIU<I:; AVE1roE, (1;t"U(J.'J.JÐ, CALIFORNIA œ-776 '!be meetirq was called to order at 6:50 p.m. by Mayor Pluny. SAllJI'E 'ro 'IHE FI1\G ROIL CAlL Came. Present: Gatto, Johnson, ~l, ~S, Mayor Pluny staff Presn.t: City Manager Brown City Clerk cornelius Director of Public ~koo Viøkcvic:h Director of l'\-'1noN"1ity D8Yel_.__¡L Cowan Assistant to the City MaMger Brown Public Infcmaatim Officer Krey City Attorney I<i1ian POS'l'FamŒNIS It was IŒM!d by Came. RIogIk.., .........ðað. by Came. Jol..-... and I"'a....... un!IJ'1iJIIaJsly to cxntinJe I~ No. 21 to the IIIEIet.in:J of 0c:tàJer 2. CER9DIIAL M1u.~ - PRæÐfrATIœs Postponement Mayor Plun:y }AL-¡l.ed a PE'"""' -tim in hcI10r of "O::r1Stitutim Week" to counc. lb}Iu&. œAL <XIHJNICATICNS "Constitutior :.leek" Pi. 1 s ,.Ilatim by the Rsgnart CI:8ek safe NeigbbaIhood Coalitim re: extensim of Festival Drive. Claire K::I.au;¡hlin a.l.h.-"'ed cœncil regardinq a }AL~sed extensim of Festival Drive. Festival Dr. -1- e CI'lY OF CIJPERI'OO, SI1m: OF CALIR:RID. 10300 '.lÚKKl:; AVE1roE, aJPERl'INO, CA 95014 TELEPHONE: (409) 252-4505 MINt1l'ES OF 'IHE AD1CURIŒD RFnJIAR CIT'i CXXJNCIL MEETIN:; HElD CN SEPl'EMBER 19, 1989, AUDITCIRIUM, aJFERl'IlÐ HIGJ SOIX>L, 10100 FINCH AvmroE, aJPERI'IIÐ, c::AI..IFtRUA 'X-776A '!he ~ was called to order at 7:03 p.m. by Mayor Pluny . SAIlJl'E TO 'IHE FL1\G roIL CAIL c::ou:nc. P1. s ...,IL: Gatto, Jetmson, KcßIel, Rcge1:s, Mayor Plurçy . staff & Ultt: City MIInIIger Brown City ClElIit cornelius Director of Public ~k.. visla:wid1 Director of t"nlwrlnUty DBvel"¥"",,,ll cowan Assistant to the City MaMger Brown City Attorney Kilian Also ~ ! at: will KeIIpta1, 1õ'vDcutive Director, Santa Clara County Traffic Authority œAL cx:JKJNICATIœs t FCBLIC HF.ARDC Highway 85 - &. V nd interchange at saratcga-8unnyvale lbId and RainboIi Drive. Mayor Pluny anncunoed that ther8 was a televisim mcrú.tor in the cafeteria 80 that thœe mo oonld not fit into the au:titori\DD oculd càIeJ:ve pl.' r-~i'ÇI m the mcrú.tor and then 0CIII8 into the auditori\DD at sud1 time as they ......,,.. wish to testifY. 'Ihe first row of seats in the auditori\DD was beinq held for thœe waitin1 to speak. Mayer Plurçy Ø1({'bi1'1ecl the situatim regaMin¡ the Fair ~litical P.œctioes l"nmIi ....im and possible OCI1flict. _..... of said patential OCI1flict he will not vote m any '-'isive i cu:I)Ø PE'rt:ainin1 to that intersectim ~Md m advice fraD the City Attorney. At that point he turned the meetin;J over to Mayor Pro Tem Jetmson. -1- r . MINUl'ES OF 'mE SEPTEMBER 19, 19B9 Þ.DJCJmNED lI..:""'GJIJ.R MEEl'I}C (0::-776A) The City Attorney confi.rna:l that Mayor Pl\.In3Y shoold not vote on significant items. Came. Gatto stated that he felt it was a gray area am that there shalld be sane lati tOOe. He stated his intent to ask questions am if r---,:,ary to act on the depressioo issue. Acting Mayor Jà1nsa1 reviewed the history of the plans for Highway 85 and the ;"'$1..... be~ d;""",,''''''''9d that~. He introduoed Mr. KeIIpt:.a1 who introduoed others in the au::lience u,!n,: I!' ,tt.in;J various agencies. . Director of Public Works viskavich pI Hltted an overview of Highway 85 and Saratoga-SUI'Inyvale Road. He stated that this was the first review of the pl''l^-sed ~ at Rainbo!ri Drive. He also stated that this particular interchan¡e was Ill.Ùti-jurisdicti(DÙ. Saratoga-SUI'Inyvale Road ocW.d be elevated with the free.¡ay depressed. 'lhis ocW.d be dc:ne without an i1lp"~ 00 ros:ir--ns located alCDJ the road. However, this alternative still m-~9 BaDe testin;J in reg¡u:d to the flood plain and fI.Irxiin3. Mr. viskovidl ..t.........:l1y urges a selectim that offers full cpt1CX1S am that that selectioo be closely mmitorecl and revised if ne<x>'i1'eary. He urged that Courk::il not cut off tfIrI cpt1CX1S. Mr. Viskovidl reviewed mitigatioo -"'tIreS that ocW.d be blpl.........Lecl if neighbomood intrusioo OOCUIS after the OCIIpletim of the Rainl:Jai Drive interc:t1an3e. Guy Ber1:y, 7440 Biunhart Place, lðtu- E! ilt.in;J the Rainbow NeighboIhood steerinJ l"nmIittee, ~.,,-''!'ed 0CXXJernS regardirr;J the lack of dep1:-=sim of the fL_.ray and traffic exitinJ CI1to RainbcIi Drive. He pIoo_.Lecl a petitioo with z.w.......n-tely 1,800 signatures. Mr. Beny told cnmcil the history of events am the gro.¡p's involWllleltt regardirr;J Highway 85. He stated that the l"nmIittee does reooguize the need for 85 and is will~ for their neighl..u..lAAAl to take a share of the b.u:den. However, as exits are eliminated the remairùn? CI1es are iJ!pactecl to pick up more of the b.u:den. a¡pertino will not take the extra b.u:den because other cities will not take their share. '!be O::mnittee wants the freeway depI-~ed as JIIJch as technically possible and feels that the traffic shoold exit CI1to DeAnza Eb.ùevard, not Rainbow. . Richanl !t:Irrisat, arà1itect, gave his professional background. He su;¡"þ.ted t.akin;J the flood water over the freeway. He stated that he was not ~ for that particular solutim rot feels that it is a better solutim than that be~ }AL' \.JSed. He suggested that Cal"'œzas -2- · MINUre3 OF '!HE SEPl'EMBER 19, 1989 IDJ~ REnJlAR MEEl'I1C (0::-776A) creek be diverted into Rodeo creek. 'Ihe result Wl:W.d be diversion of Calabazas Creek arxi depression of the fi. sHay. · Levant Ersoy, 1320 Primrose I1me, told Cameil that in his <::pinion there are two issues: the profile arxi the tt'affic. He expressed the desire for a OCIIplete solutim to both prà:>lems arè stated that he is pro-85. Mr. Ersoy presented variCAJS alteJ:n3.te profiles. He suggested that the freÆ!WaY go over PL....spect and urx:!er Saratoga~e Road. Prospect Avenue ca.ù.d be depressed. '!hat way OJpertino will take the traffic arxi Saratoga will take the profile. Vern McClurg, 7539 Kin:.Jsbury ccurt, addressed Courk::il regarding his traffic ooocerns, particularly in view of surfaœ traffic. He specifically addressed the himilirç of surface traffic Wen L~ are so far apart. Traffic sho.1ld exit a1to Saratoga-sunnyvale Road. Mr. McClurg expressed CXXIC8rTl regarding traffic jams frail the lights arxi meterirç .L~ as 'Æl1 as 00111081.1"" aboJt noise, pollutim and safety prà:>lems. He stated that Highway 85 was designed to exit a1to Saratoga-Bunnyvale Read. Peq>le purchased haœs with that understar1diJ1q. He urged Courk::il to seek solutiCX1S so as not to exit a1to Rain1:x:M and that Rain1:x:M remain a residential street. HenIy wespiser, 7608 Pead1 B10ssan Drive, reviewed the i.......... and ooocerns as he saw them: CXI1figuratim of the }AL' 'i'csed ~ and traffic. He expt -ed, owùSitim to duDpirç traffic a1to Rainbow. His ooocerns included the çpaaræ10B (the }AL' ~sed c:wezpass is uqly), noise, air quality, safety, traffic density in the neighbœ:hood and loss of }AL_ty values. He stated that the design is a Caltrans i'""'Ue, the traffic is a local iElSUe. He stated the need for mere tiE to explore mere i.......... n·. wespiser I""C' ....-. Ided that Courk::il ca1tirue the hearirç at least 90 days or until satisfac:tary solutiCX1S are famd and that the City work with the Traffic Authority and the WaterD istrict, the Traffic Authority and the Water District hare the costs, that Cameil adqJt a resolutim for full depressioo, that there be no exit a1to Rainbow for SCJUthboorñ traffic, and that Courk::il work with the residents for solutions to the traffic so it has a minimJm iDpact on the quality of life. lID =.,>: 8:50 p.m. - 9:00 p.m. · Mayor Pro Teslp:)re Jàmsa1 exp1.ainecl the ~e for the remainder of the meetin;J. He asked those prese1.t what they thought of what had been offere1 this evenin;J arx1 if they had any ideas regarding solutions. He urged those ....no Wl:W.d speak to limit c...........rrts to five minutes. He asIœd -3- e MINUl'ES OF '!HE SEPID!BER 13, 1989 ADJOORNED RÐ:;UIAR MŒI'n«i (0::-776A) anya1e wishi.n;J to speak to raise their hard. At 10:30 p.m., the meetirg will be brought back to the City Cameil. Cameil will then ask art¡ questions and decide where they will go fran here. BaJ:bara Il1owsky, 21363 Dexter Drive, President of Nathanscn Ran:h Hc1Dec:Mners AssociatiŒl, exp1.-ßed her sun> ...L far the residents of Rainbow Drive. She stated that she wants to maintain what o.Jpertir1o has row and not ~ ..... a city. She helped to circulate in her neighbothood the petitim previQJSly ~L SM.ted to Cameil. She urged council to iJl. !l'Grve o.Jpertir1o far all of the residents and to find sane way to I"""e"9 the highway. Bå:I M.Jrrcw, 1586 Pq:py Way, ~L S ..led a paper entitled, "Unsclved Highway 85 Envil.............d:.al T'np'o..-ts." He ~ -ed <XnCBI'1'1S regardin;J air quality, swnd, sdIool chi1cb:8n's safety, the visual iJIpact, financial l<:>e!i'es and the IIg8 of the data used pert:.aini¡g to the EIR ~d1 he felt was ~11in;J and waùd lead to class actiŒl lawsuit to reooJp lQE'e'u. . Mike a.1l.1oc:k, 21831 HenIcsa Aveme, also ~-ged the cpinim that the EIR was inadequate He stated that there had been c.:han:jes in design since the EIR was oœplet:ed. Interd1an:}es have been deleted. He ~.....,eed the cpinim that a suppl.......uLal EIR - ~.. to be dcne. One cannot bnild a project witln1t an EIR describin:] the project. He urged the Camcil to not participate further \D'1ti1 a supplen...d.4l EIR is dcne. An:irea Harris, 1052 'IUscany Place, real estate awraiser, ð(}.i¡ _8ed Cameil regardin:.J the raisin:] of Bernal Aveme. She su,.._-ted that the reisin:] of stellin:] and Saratoga-sunnyvale lowers the pt'cpE!rty values 10\. 'Ib8 "other side of the tracks" effect takes place. She stated that she was sure the Courk::il WQÙd maintain the integrity and quality of the l'rOIIIII-.rdty. Frances Wasserman, 7518 Rainbow Drive, stated that the }AL' '^ ed avoff was unacceptable. other cptiœs are available. Rainbcw IIIJSt remain a residential street. steve Belod11, 7509 ~ Bl<:>esan, ~......s'9d a feelin:] of betrayal by City officials because of noise pollutim and traffic. He w:çed Cameil to depress Highway 85 to save his neighbortJeod and his family. . Tall cramer, 7669 RainI:x:w, expN'?'!"ed cxncern regardin:.J }AL...v:!I'ed traffic lights arx1 traffic ge1:tirq a1to 85 stq.pin:] . He su;¡gestecl a raIIp ó. c .:tellin:]. -4- I M:IMTIE5 OF nŒ ~ 19, 1989 ADJCXJRNED .REœI.AR l'It;r;n.rG (0::-776A) 9.Jd Manzler, 1044 Westlynn Way, asJœd why all the off and on rëmp!I were at the same locatiat. Jerry 1<bz1na, 1105 Jhmtersta'1 Pl.ace, objected to the freeway altogether. He stated that there are many new hcmes bein;J I:ci1 t and Highway 85 will oot alleviate the traffic pIå:>lem. It will help the ...........tte1:ut oot the local traffic. He stated that the freeway DUSt be fUlly depressed and aooeaa mst be provided in locaticnJ oot too far apart. He also ""'i-'L~'S'ed the q>inim that aJI::b shaùd go thrcu; h. Wayne Sherer, 1326 S. stellin;J, suggested that Cameil ret:mn to the t'li "n. rd interd1an;¡e. Fran Ra.imcw to Saratoga-5unnyva1e Road shcW.d be a right tum a1ly, and <'Iooeee to Rainbow shcW.d be a right tum a'Ùy. . steven Olsen, Hollan:ierIy Place, SUI~__"""tecl there be a scuthbc:uIñ raDp at &. epect:. Res .-ry Bolger of san Jose said that there is a }AL.......bool Œ1 the 001.11er of Ra.imcw Widl will be affected if the fl. I!!I ray is oot ~ -ed. '!he solutia1 m i.. to have the least i"l"'l"'I; m children's safety. Dennis lJ:M, 7607 Pead1 B1œsaa, a physician in 0:Ipertin0, t'li..,...,ftft'!ld the pIå:>lems of bicycle safety. Jeanne Macbado, 10487 Ansa1 Averoe, stated there are no off L""t'D in residential areas in santa Clara camty. Patty Ð:lwaJ:às, Rainbow Drive, stated they have l..o..._ the t:mden of the devel"'¥"""'lt. of seven Spt"i.n;¡s. Also she said she has heard that Rainbow Drive is a "haul rc:ute" far otI'IStructim. She ~..w.t'I that Courk::il plt the haul rc:ute m &. çect. A gentleman reo;idinq m TeJ:race Drive stated that with every devel"'¥"""'.L there is a 1IIi.....-y level. '!he trick is to spread it evenly. '!bat is oot always possible. Ra.imcw is a thorcu; hfare. Fecple need bath left and right turns. He felt that Exhibit "F" ptES!hted to Cameil is a rea&a1able ~....¡..... Rainbow is a wide street meant far traffic. However, the fl. !!'Iray should be depr---ed. . GoJ:ãa1 Frolidl, 1202 Belknap Ooort, previCAJSly distri1:uted a flier. He pointed Q1t a OO1.l.ect..':'m to that flier. He stated that fraD 1oi1ere he lives he will not see the fi. I!!I ray so he does oot care if it's ~--'9d or oot. However, he will hear the noise. He stated that Rainbow Drive is a 90 -5- · þ MINUI'ES OF 'lHE SEPl'F.Mf!E1{ 19, 1989 AWaJmŒD RmJIAR ~ (0::-776A) ft. street and was I::ui1t for traffic. He stated that the ~ has been designed so that tlJcse who live in the part of 0Jpertin0 where he lives will be able to use it. He wants to be able to ccme down Ra:inJ.:x:M and turn left to use the b.Jsir-;t~"i!S on Highway 9. Mary KœJd, 7421 wildflower Way, urged Courk::il to have the freeway ~_s"3d. ~re than 10 ft. \¥QÙd be better. '!he freeway does d1ange the quality of the neighborhcod and the fr-ñron of children's DIOVaoonts. She suggested that Cameil eliminate on and off raIIp3 at Rainbow, PIt an off raIIp at PL·..e¡:ect.. Mr. Prodat said that he called city Hall two years ago when he was goirq to bJy his haDe. He was told to call Caltrans in San Francisco which he did. He E!XpI-~eel ca~n regarding off 1.c:wp:t. '!he persa1 at Caltrans said there was no way there was ever going to be an off/on rcmp at Rainbow Drive. He E!XpI-~ed ca~ regarding noise, traffic and safety . I..orna Jones, 21550 Edward Way, 1oI8St of 9.11X> Read, said that she was not dramatically b1pactecl, tut she was inpactecl. She OOIl1M not sur-t·:Q.l the }AL. ~sed restrictiCX1S m neighbœ:ivxx1 traffic (i.e., no left tums) . Courk::il has ""fposed the widenin;J of H:JClellan Road which is already at ""'Ipe\dty. Traffic shculd be diverted fraD H:JClellan to Rainbow. Part of the share of the I:Iurden is legitimate local traffic. 9.11X> and H:JClellan are already suffering. 'Ihere is no lapi""""pirq or mitigation """"'"'¡res Mœ'1Se there is no roan m these ..t.......rt:.s. Planning' rU~9 to be Dm'e regia\al and not so """"J"""' d:ed or the City wculd not be in this situatim. A man residing at 7617 Naman:ly way spo1æ in SlJRlúLl of depressirq the £1. E!'I ray and against pl'tt.jn¡ traffic onto Rainbow. He ~ted that there may be solutiCX1S not yet _i 11ecl and that tr.e priJDary goal shculd be safety. Katherine Devries, Pll.DD Blœsan Drive, ~ -eel cao..um regarding traffic, safety of }'OOI'Y;J children and air pollutim. Marilyn C'oq)er, Jamestown Drive, stated that many altemate solutiCX1S need to be explored. She suggested CCIIplete depressim of the freeway and that there not be a full interchan;¡e at Rainbow tut part of it shculd be at PL· .spect. She told Courk::il it was their respoosibility to explore the al temati ves arx1 that tl1ey are to represent the people and serve as their watch dogs. '!he C1œrtino Scene reaches evezyone. '!hat shculd be a workinJ tool so that citizens knc:w what's going on. -6- · · MINUTES OF 'IHE SEPI'EMBER 19, 1989 ADJCXJRtŒD REX>UU\R MEETIN:; (0::-776A) Mayor Pro '!'em Jåmson brcu;¡ht the meetiIY:J back to Cameil. Discussion followed regard:irg a flood study of ('JoJ'ðha~1J Creek. Will ~ of the santa Clara Coonty Traffic Authority stated that a flood study had been da1e: hcwever. it was dated. It is cw'L"",.Lly bein;J reviewed for ac:curacy. If the freeway were to be depressed there IDJSt be an envil."".......Jtal study da1e. !he Traffic Authority is wil1iIY:J to oClnl::dne foroes with the Water District to solve the prà:>lem. Bill carlBa'1, santa Clara Valley Water District, stated that divertinq Calabazas creek to Rodeo creek ~d require a oc.......ebe lined c::hara1el far Rodeo creek. He stated that he did not feel that Fish and Game wculd approve. Mr. 1<eDpt:cn said that the Traffic Authority is a local ðIiJt=I.....ý. He has been ...."".Ired by the state of California that IDoIhere in California does an aqueduct cross a f1. ~ laY. !he Highway 85 f:L !!II JaY as planned is ~ _aeeS more in 0Jpertin0 than in any other city. He is Cw.La..Lly explarirç with Caltrans do.44. ðiIY:J as III.ICb of it as possible. He is also lookinq in more detail at the drainage iM1J8 and worJdn;J with the Water District to resolve the flood plain i.....le. He felt a 9(kày delay wcu1d be well ~,t if it resolves t'Y"OIOPInUty 0CC'ICemS. He expt...,. 3ed the desixe to develop reasmable SOlutiCX1S to the prà:>lE!IIB "'^t'" _a'Bd. By 0CI'1SE!nSI.1S, Cameil åirected staff 0CI1tiraJe to 10ICrk with the Traffic Authority, the Water District and residents regm:din¡ verifyiIg the flood plain, the possibility of advan::ed fUJ'ñirg for the ('JoJb-zas project, depressing Highway 85 at Saratoga-sunnyvale Road arx1 other cxtlOe1.11S regaIdinq Rainbow Drive such as exitinq art:o DeAnza Baùevard rather than Rainbow. Courk::il will oc::muct arother public beariIY:J to be held in 60 to 90 days. InfODllatim regardinq that date will be placed in the n_>+i1'1n Scene, the newspapers, be sent to neighbomcod groups and will be available at City Hall. At 11.00 p.m., Courk::il adjcurned. · ~~~ Ci Clerk· -7- . . Strategic PIa for Measure A program Consent Cal- endar approved e Kllm.'ES OF '!HE SEPIÐœER l8, 1989, RmJlAR CIT'i <nJNCIL ~ (O::-776) Came. Jb3ers JJX:Wed that staff work with the residents, find oot their views and see 1o.hat alternatives ca.ùd be deteJ:mined¡ however, there 10ICUld be l'X) change ~ the cpeIÚJ'J; of Festival at this time. '!he notion died for lack of seocni. It was IIIaII8d by Courk::. Gatto, seoan:led by Came. Jà1nsa1 and I""a~'ed unanima.Is1y that staff meet with residents and identify 0CI10eIT1S. Once the "^"'........IIS are identified, they shall be }AL S_Il.ecl to Courk::il at which time Courk::il will decide whether or oot to 0CI1duct amther p..¡blic hearin;J. Alan RitiLDll, aJhb Read, stated that as a resident arx1 b.Jsiness persaI in the city, ca.ùd the city Cameil please CXl\Sider the plan that is best for residents and b.Jsi - rnT of the entire lYOIM011Ù.ty. He particularly cited fl.: ~'!IY exits at bath the north and south ends of 85 in 0Jpertin0. By 001 T[ usus, Courk::il CXl\Sidered I~ No. 29 of the .--&:14 out of .....da:... 29. santa Clara county Traffic Authority - Revised strategic Plan for )fouooatxre A }AL"": LCI1ü (Mr. will KeIIpt:a1) . Will KeIIpt:a1, ~ltive Director of the Santa Clara CDJnty Traffic Authority, ptiS_Il.ecl cq>ies of the draft ~989 strategic Plan to the City Courk::il. He requested that Courk::il r "[OIÙ with .. .,..-d..B by NaveIi:Ier 6. RespcoJe re;JaI'dinq að:titicnù f1narclrq shaùd be received by octà::Ier 2. Mr. I<iI!apta\ clarified the nctificatim YL,,:ess used by the Traffic Authority. 'Ihey will notify indivirll...,.. of hearings if they have signed in at other 1IIBetiJ'çB. '1he Traffic Authority also puts display ads in r--..¡-"'f-" prior to eaå1 hiBarirç. Notices of the hearings are also pIt in the 01r'lln+i""" Scene. OJ "'<'.....1m regard.in;J the pœsibility of ba1ds will oocur under ocunci1 ~ls. ~~ Mayor Plurçy remavecl I~ No. 7 ¡ City Clerk Cornelius rem:wecl I~ No. 14. It was mcved by Courk::. Gatto, seocn:æd ty Came. Rcgers and I""aaed unanimr:usly to ~ the balance of the CD1sent Calendar as $t1hftittecl. -2- · KINUl'ES OF 'mE SEPl'EMBER 18, 1989, RmJI}.R CIT'i cœNCIL MEETIN:; (0::-776) 1. Resolution No. 7932: "A Resolution of the City Courk::il of the City of OIpertino Makin::J DetenninatiCX1S am J\R:IrOVinJ the Annexation of TerritOJ:y Designr.ted "l:Dp!rial Avenue 89-09", ApprcxjJDately 0.232 Acre Located 011 Inperial Avenue Between olive AverA18 am Alcazar Avenue, Rosa (APN 357-l9-o55 - 10270 DIperial Avenue) ." 2. Resolutim No. 7933: "A Resolution of the City Courk::il of the City of OIpertino Makirq DetenninatiCX1S and J\R:IrOVinJ the Annexation of Territo:ty Designated "P<'~ Avenue 89-08", ~tely 0.:<24 Acre Located on Pa"""'oona Avenue Between Lanita Avenue and olive Avenue, Hwu,lYan; (APN 357-18-026 - 10249 P'\~ Avenue) ." þ 3. Resolution No. 7934: "A Resolution of the City Courk::il of the city of OIpertino Allow1n:J Certain Claims and Demëm:is Payable in the Amœnts am Fran the FUnds as Hereinafter Described for General am Misoe11anecus Expeuditures for the Period Ending September 8, 1989." 4. Resolutim No. 7935; "A Resol1.Itim of the City Courk::il of the City of QJpertino Al10wirç Certain Claims and Demëm:is Payable in the Amœnts and fran the FUnds as Hereinafter Described for salaries and Wages for the Payroll Period Ending August 29, 1989." 5. Resolution No. 7936: "A Resolutim of the City Courk::il of the City of OIpertino Authorizin;r Execut:iat of Tri-City Ao,µ..........tt for Residential Hazardam waste COllectim P.L""':: LGIB and First Ame1m-It to Tri-City ~.........It. for Residential Hazardam Waste COllec.1:ia1 PL~CIIII betwem the City of Mcuntain View, the City of Los Altos and the City of QJpertino." 6. RsIriei of a¡:plicatioo: way. Alocholic Beverage a....t....ùl lies_ Valley Green Liquor & Video, 10073 saich 7. RieIDoVed fran the a::t'1sent Calen:3ar. ~ 8. Resolutim No. 7938: "A Resolutim of the City Courk::il of the City of 0Ipertin0 Acc:eptiJ'xJ ~tclaim Deed and Authorization for undergra.n'xi Water Rights fran 'l\n;J Pin; 01an;J am Lirña L. 01an;J, 0ran;Je Avenue." 9. Resolution No. 7939: "A Resolutim of the City Courk::il of the City of OIpertino l\œept:ln¡ Grant of Iõ';o-,It. far Roadway PuIposes fran ~ PinJ CJ1an;J am Lirña L. 01an::J ConsistinJ of A¡:proximately .009 Acres, Iocated 0ran;Je Avenue." -3- MINUmì OF 1HE SEPmfBER 18, 1989, RmJIAR CI'IY o:xJNCIL MEETING (0::-776) 10. Resolution No. 7940: 'A Resolution of the City Cameil of the City of 0>pert,ino Approving Lot Line Jldju..'-"ll Between 'l\;O Parcels of Iæñ WithaIt a Paroel Map in Aocordanœ with Section 66412 (d) of Subdivisia'1 Map Act as Amerded JëU"AJaJ:}' 1, 1984, &N 326-15-98 and Am 326-15-126, Northeast Corner of Fcothi11 Eb.ùevazd and CUpertino Read." 11. M::nthly Treasurer's and BoñgPt Rq.vs.L for August, 1985. 12. !t:nt:hly Activity Report, August, 1989. 13. Resolutim No. 7941: "A ResolutiŒ1 of the City Courk::il of the City of CUpertino Approvin::J Parcel Map arx1 Ihtu:..............¡L Plans of P.l~L)' Located m stellin::J Road at RcbÜà!1l, Developer Grant C. QJstavsa\ Et. Al., Authoriu~ Execut1m of I:øprovement Aqt...........l; Authorizin::J Sigrù.rq of Parcel Map arx1 IiIpJ:'ovement Plans." 14. Remavecl fraD the Cx1sent: Calendar. 15. Mi1Utes of the Regular City Co.mc:il ~ of August 21, 1989. 16. Mi1Utes of the Regular City cnmcil meetiJ'xJ of sept'_.¡ -ex 5, 1989. 17. Resolutim No. 7942: "A RE&oo.utiat of the City cnmcil of the City of 0Jpertin0 Approvinq a,.1t....aCt 0WIgre Order No. 8 for """"""lity Center ~ P8rlt Expansim, Project No. 2001. II vote ~.J .... s of the City ('ft11Y!U AYES: N:IES : ABSENT: AE!S'mIN: Gatto, Jc:imsa1, Kq:ipel, ~.., Pluny Na1e Na1e Na1e ITEMS REHJ\1ID FR:M extmm' ~ 7. ResoluUm No. 7937: "A Rssolutim of the City Cameil of the City of CUpertino Authorizin::J Executicn of I:øprovement J\ql..........d: Between the City arx1 Developer 'l\m;J Pin;J 01an:¡ arx1 Lirña L. 01an:], l0408 Orarge Avenue." -4- MDIUIES OF '!HE SEPI'E2oIBER 18 f 1989, RÐ:JUIAR CI'IY CX7JNCIL MEErrnG :0:-776) It was D:Wed by Mayor Plungy, secarrled by Came. Rcgers anj p"ð-!!d unanimc.us1y to I!Idcpt the resolutim with "City of San Jose" d'Ian;Jed to "City of OJpertino". 14. Minu+-...es of the Regular City Cameil meet~ of Au;¡ust 7, 1989. '!he City ClElIit requested that en page 24, i~ 00. l4 be ameOOecl to inc:1\Ò! a statemelJl that Courk::. Kcwel dissented because she felt that the }n.' ."""<'1 was not stri1q&.,l e:rru;¡h . It was D:Wed by Came. Rcgers, sec:x:n3ed by Counc. Gatto anj p"~ðed unanimc.usly to ðWLU'/e the mimItes as amended. RJBLIC HFARIlœ 18. Conslderatim of an ordinance re1atin:] to regulation of (' ···,-·cial solicitors. (a) First reading of Ordinance No. 1505: "An Ordinance of the City Courk::il of the City of CUpertino Amerñin:1 01apter 5.20 of the CUpertino M.micipal Code Relatin:] to the Regulation of Solicitors. " It was D:Wed by came. Jå1nsa1, seoc:n:Jed by cnmc. ~.. anj I""~'S'!!d unanimously to close the PJblic hearin¡. It was D:Wed by came. Jå1nsa1, seoc:n:Jed by cnmc. ~6 anj I""'3eed unanimously to read Ordinance No. 1505 by title a1ly arx1 the City ClElIit's reading to o.......titute the first readizq thereof. 19. ARJlication No. 19-Z-67 (Amended) - Ametdu...t to existin;J zaUng ocn:titim whici1 recpires all Pl'"'!JIIL l)' owners to pllrticipate in DBp. Amet~ l wculd allow a sin¡le prq¡erty owner to file a map. I.ccated at variCAJS sites at the westerly termims of I.i.my Lane. Envi1....._.1a1 DeteI1Idnatim: '!be Planning ('r....d....ia1 reo ........).]s the grantinJ of a Negative Dec1aratim. FØQi ····.Arded for Approval. (a) Ordinance No. 1510: "An Ordinance of the City Cameil of the City of CUpertino Amerñin:1 Existin:.J zarlrx¡ Ck:n:iitim arx1 Allowin] a Sin¡le Pl.'"'!JIILl)' owner to File a Map: ARJlicatim 19-Z-67 (Amen:Jecl) - William QJengeric:h." -5- Res. 7937 adopted August 7 minutes approved Public hearin closed First reading of Ord. lSOS . Public hear- ing closed Neg. Dec. for 19-Z-67 (Amended) 19-Z-67 (Am.) approved First reading of Ord. ISlO . Closed ses- sion - no action . MINtJræ OF 'IHE SEPI'ÐmER 18, 1939, REX:>UlAR CI'IY CXXJNCIL MEE:IWG (œ-776) Director of l"nnmo"1ity Devel~IL Cc:Mm revi~ the a¡:plicatim with caJrx:i1. Morey Nelsen, civil angineer L,,¥L S_Il.ln; Mr. Guerqelic:h, was available for any quest1CX1S. '!here were l1a'1e. Jeim Rhq:p, 21925 Lindy Lane, revi~ t.'1e history of the deve1~.L and rea.Ba'1 for the request. It was mcved by Came. Johnsen, seconded by Courk::. Gatto am p>8<¡,ed unanim:Jusly to close the p..Iblic hearin;J. It was IIIaII8d by Courk::. Johnsen, seconded by Courk::. Gatto am p"'a9ed UI1alÚ:IIk:AJsly to ~U'Je the grantin;J of a Negative Dec:ldI"atim. It was IIIaII8d by Courk::. Johnsen, seconded by Courk::. ~.. am p"--ed unanimcus1y to "WLuYe the a¡:plicatim per PlaJ1l1iJç l"nmIi....im Resolutim No. 4196. It was mcved by Ccunc. ~S, seconded by Cbmc. Gatto and r<'geed unanim:Jusly to read Ordinance No. 1510 by title a1ly am the City Clerk's readin;J to canstitute the first readin;J thereof. 20. Applicatim ASAC 51,869.1 am 29-EA-89 - City of 0Jpe:rtin0 - An ordinance amen:iin:J the pravisiCX1S of the Sign ordinance (No. 746) relatin;J to off-site advertisin;J (bill~~). Envh...........lal Deteminatim: Negative Dec:laratim. ~:Jo ·...-ndeJ for Denial. (a) ordinance No. 1511: "An Ordinance of the City Cbmcil of the City of 0Jpe:rtin0 Amsndinq PrcNisiCX1S of the Sign Ordinance (No. 746) Relatin;J to Off-Site Advertisin;J (Billboards)." '!he City Attorney requested a closed sessim because of pen:iing litigatim, GanrasLL v. City of 0Jpe:rtin0. At 7:55 p.m., Courk::il adjcw:neci to a closed sessim in Ccnfe......._ RI:x:ID A. At 8:15 p.m., Courk::il reoatvened in Cameil QumIher. '!he City Attorney announced that no action was taJœn. He had p1. s eltted bac:kgrcurñ infOI1llation regaJ:'Ciin;J the billl::lOard ordinance to the City Cameil. -6- MINUTES or' '!HE SEPI'.E}!BER 18, 1989, REX;UI.AR CI'lY CXXJNCIL MEE:l'ING (œ-77 6) Ray Villareal, 2ï22 zanJœr Read, San Jose, of Gannett a.xtdcor Advertising, told Cameil that he had been at Cameil a year ago tanorrow. Ganr",ll B1.llboardE: 1ære nwqr notified regarding removal of their bil1board. In Deoc..L...r of 1987 they bad received a letter fran GeuL': 'O Hill Insuraooe. GarIno:tLL Œltdoor Advertisin; had ".""""" there \oIQÙd b.. scme goocí faith ~u:",.......ts to reach a solutioo. '!he fixm's "'R'""" to p.rt I'l bil1board ~ up had been denied. '!he fixm was told that the City will }AL~ guidelines within 90 days. 'Ihey a1ly want to replace their a18 sign. Mr. Villareal stated that the year had been a waste of time. Upa1 bein; questiooed by the !o'.ayor, Mr. Villareal respaœd that he had received a letter fraD san Jose that there was no permit for the sign. He had sent a CCJf1'l of the permit to them. San Jose then sent a letter statin:J that 0Jpertin0 was the lead aqe1á;;Y in the road wic:Jenin] and \oIQÙd follow t.'1e p!:()C1MI""8 for eminent rlrnooi". He requested a CCJf1'l of the map as }AL s ..Led to Courk::il sb:Iwing potentiallocatiCX1S available in the city for billbœrds. It was IIIaII8d by Came. Jå1nsa'I, seooo.Jt.d by Courk::. I<i:lßJel and I""'~aed \1I'IaniDo.Js1y to close the plblic hearin;. It was IIICIII8d by Courk::. Johnaat, seccn:Iecl by Courk::. ~l am I"'aliled \1I'IaniDo.Jsly to table the }AL"'1':S9d ordinance. PIANNm:; APPLICATICH; 21. A¡:plicatim 3-V-89 - Meb:li Naderzad - Request for variance to 5ect1m 10.6l.2 of Ordinance No. l450 to avceed the 20 ft. buildin:j height limitatim for a stxucture located m an adjacent ridgeline. 'Ihe Pl"¥"Lty is located at 21620 RailD:Iw Drive. Envi.ra1ment:a1 Det:eJ:minatioo: categorically E>-'I'L. PA . -···-rdecl for Denial. (Previously 0CI'1tinued to 0C:tåJer 2.) 22. A¡:plicatim No. 9-U-75 (A1Den:ied) - Halle Federal savin3s - Amendmeltt to a use p<>......it to permit a 90 ± sq. ft. buildin:j additim to an existiD¡ S & L tmldin:j. Located at 19444 stevens creek Ballevard. EnviIullu...rt:.al DetEoIminatim: categorically E>-'I,L. FA,=· -on.-rx!ed for ~. Directo!:" of Chnmnrúty Devel,+""",tt Cowan infomsd Courk::il that he reo:- ··......1Oed an additicrtal cxn:titioo regardin;J security review. -7- Public hearing closed illDoard ord. tabled -V-89 contin- ed e 9-lJ-75 (Am.) approved as amended . Neg. Dec. for 21-U-89 21-U-89 approved 16-U-89 approved . MINarrn OF 'IRE SE:PI'EM:Brn 18, 1989, RmJI.AR ClT'í OJJNCIL MŒI'ING (0::-776) Mike Slaven U'iJL s_.Lin:J Hc.IIIe Savings, 619 Broadway, San Diego, exp1a.Lned the ~'s guidelines for A'IM security. '!beiJ. first dJoioe is an area visible frail ~, maj= street. There sho..ù.d be little or no åJstroctim to view, which requires low growth plants or groon:l COlIer and good lightin:J. CUrrently there is a walk-up A'IM at the savirxJs am no prOO1ems have ocx::urred. There is a 24-in1r surveillame camera and the fizm is ham' to WOJ:ic with staff am the Sheriff's Department. It was IIIOIred by Came. Johnsa'I, seocn3ed by Came. ¥q:pel am p"'as9d (3-2) with Mayor Pluny am Came. RegeN clißsenting to ~ the awlicatim per Plamin::J l"nmIi"'Sim Resolutioo No. 4194, amerxie:i to in:::1\XJe a ccnlitim pertainin;¡' to security review. 23. lIR>lication No. 2l-U-89 arx1 28-FA-89 - Clark IC&a _ Request for use permit to allow an aût:alDtive t:er-ili am madúne shcp in an exist:ing struc:t:ure locate ¿ in the P-ML (Planned Devel_It; light inchJstrial intent) district. J...ocated e.t 10270 ~ia1 Averue. Envira-øœnta1 Determination: '!he Plann.inJ l"nmIi ....im rao> -.&Js the g:rantinq of a Negative DecJ.aratiat. PA· _._~..Jed for Approval. It was IIIOIred by Courk::. Johnsa'I, seoondecl by Came. Gatto and I""aa9d unarú.JDoosly to ~ the g:rantinq of the Negative ""'c"laratim. It was IIIOIred by CbJnc. Johnsa'I, seca'Idecl by Courk::. kippel arx1 l'"'a--ed unanimously to ðßn.V>Ie the awlicatim per Plann.inJ l"nmI{ ....im Resolutia1 No. 4192. 24. A¡:p1icatim No. l6-U-S9 - Terry Silveria - Request far use permit to allow the cperatim of a ~;"1ized sdxxù within an offioejo ····-rcial center in acoordanoe with 5ectim 6.K., Ordinance No. 1344 of the ex; (General I"nnn<>rcial) zone. '!be prq:Ierty is located at l0601 SOUth DeAnza Ba1levarà. Envh...........jlal Dete%minatioo: Categorically ~. Rec:' ····-.ided for Approval. It was IIIOIred by Courk::. Gatto, seca'Idecl by Courk::. Jà1nsa1 arx1 p:"'~9d unanimcusly to ~ the awlicatim per Planning Chnm;"'Sion ResolutiŒl No. 4l95. 25. lIR>licatim No. 19-U-89 am 24-FA-89 - Jerry A. Kler _ Request for use permit to dem:>l1sh an exist:ing service statim am oanstruct a 6,500 sq. ft. retail tuildin;J with related site Í1IIJrovements. '!he prq:Ierty is -8- MINJrES OF ThIE SEPl'EMBER 18 I 1989, R9JJlAR CI'N CDJNCIL MEETIN:; (0::-776) located on the soutlleast =mer of stevens creek Boulevard and Stellin:J Read. Envh.........tt..ðl Det:eI1ninatim: '!be PlanrlinJ (,1r..mli..sim rec............ids the ~ of a Negative Declaratim. Reo:- ···.""'ded far ~. Jerry Kler, project ard1itect, described the color schemes to Courk::il. It was reo ....-1'Jded that the ard1itec:t keep the ....œ:lIer as c:p!n as possible and to use plants that are drought resistant. It was IIIaII8d by Came. Jå1nsa1. s&.A...Joe..l by Came. Gatto and .....a....... unanimcusly to a¡:prcve the grantin;J of the Negative Declaratim. It was IIIaII8d by Came. Jà1nsa1, secou:wi by Came. Gatto and r-a~ un!IJ'1iJIIaJsly to a¡:prcve the awlicatim per Planninq l"nmIi....im Resolutim No. 4193, amended to DD\I8 the bJilclin; 10 feet to the ~..h and 3 feet to the east. '!be Arårltect:ural and site l\WrCMÜ. CCIIIIIittee is to r8I.'iøi roor sæples, colors and l.anj~in;J with the it:8a to return to the City Courk::il for a¡prcMÙ m the 0..._ íl. Calendar with a roof ......,'e included. ~ AND SITE APPRJIJAL CXHŒ'l'l'EE APPLICATIœs 26. Na1e. UNFnŒSIŒD lIlSI1ŒSS 27. Na1e. ml lIlSI1ŒSS 28. ~-t: fraD FaIum Life care to receive Park OMi.....tim Fee Credit for the Ranå10 san Antarlo DøIIel___It.. It was 1IICM!d by Courk::. Gatto, secxn3ecl by counc. Rogers and I""a....... unaniJlcusly to "WLuv'8 the exceptic:n to the full fee requirement usirq the credit st:.andaIàs in the City's SUIxlivisioo ordinance. '!be paJ:it fee was cut by 50t to .48 acre. 29. 'Ihis i~ was CXl\S1derecl earlier in the agema. 30. Report 00 bid opening and award of ..,....,t......ct. M::Clellan Read (Project 89-4009) and North stellirq Road wider1.in1 (Project 89-4005) -9- Neg. Dec. for 19-U-89 19-U-89 approved as amended Exception to fee require- ment approved park fee cut . Contracts awarded to Pl.f Canst. . . MINl7I'ES OF 'mE SEPI'EMEER 18, ::'989, REnJIAR CITY cn:JNCIL MEE:1'IN; (0::-776) It was moved by Coo.mc. Gatto, secaxied by C'ol1l1C. Kq:p!l arxi I""a~ed ~ly to award the.. ccntract to P&F Ccnstruction for $57,814.00, approved a l5\ contirgency fee for a total of $66,500, 00 arxi auti>orized a transfer of $23,OCJO.00 fran the Mioor Road ~ F\.1rrl. to ".he stellin:J Road Widenirg' Project (120-4005-953) with the awroved projects canbined umer this ac:x:nmt.in:J. Cameil also l.........WClrled lan:Jer lane stripin:J an the Pacifica =rner of DeAnza Bculevard. 31. Request for pemit parkin'] fran residents of 01r1stensen Drive. (a) Resolution No. 7943: "A Resolutim of the City Ca.Dx:il of the City of CUpertino Designatinl streets Subject to Permit Parkin:]. " I8ra Pearlman, 21063 O1ristensen, told Courk::i1 that even with lots of parkin¡ available at the park, pec:ple still use the street. 'lbere is also fast drivin:J almq the area. She SI~ that if O::Qx::il did ~ the pemit parkin¡, perhaps a sign shaùd be posted at the entrance to O1ristensen ciirectin;J drivers to the park parkin:] lot. Nancy an..cLL, 729 sten:Jahl lane, urged Courk::il to CXl\Sider all thin]s that might be affected: 1) Parkin:] in the lots at Mb...n l.a1 Park are inadequate in the EIVeIÚn;1. 2) Q1 tennis tournament weekends, parkin¡ en O1ristensen is ,,'-t a JIIJSt. 3) 'Ihere is a safety factor after dark. Ms. ImT.."LL ~4:ecl that there be pemit parkin¡ after the rn....11Ùty Center parldn;r lots are CXIIplete arx1 that a loadin¡ Za1e be provided m O1ristensen. Also, there sha11d be -----~ fran O1ristensen for t1o'O taJmæœnt directors. She also requested Sheriff petrols in HSlDc>1.ial Park pBñinq lots after dark and that the 0Jpertin0 Tennis Club su.;¡yrit in their newsletter that tennis players CX1IIB in pairs. Mil Leal, 21123 O1ristensen, stated that the ~ problEIII has been goin:J m ten years or lcn;¡er. Not all are 0Jpertin0 residents. 'Ibœe he has talked to are mostly fran SUnnyvale. He was told the reasa1 they CX1IIB to Memœ:ia1 Park is that they are the best ooorts. SUnn;yva1e's owrts are full arx1 these are reasa1ably close. ~ often 01r1stensen is full with parkin¡ and places are available in Men.....ia1 park parkin¡ lot. He also expressed CŒICem that the street is bein:J used as a race track. -lO- MINlJl'ES OF 'ffiE SEPIDmER l8, 1989, 'RF(;UlAR CIT'i cnJNCIL ~ (œ-776) It was JOOVed by Came. Rcgers, secxn:ied by Came. Jahnsa1 an:! I"'raed unani:mcus1y to ~ Reso1utim No. 7943, to dhect tlJat directimal signs be installed at the entrance to 0Jr1stensen sI'1owin:J where parX~ is ~ocated, to "WLuVe a loadin;¡' Za1e near the tennis cx:mts arx1 to urge use of the 01pertin0 Tennis Club newsletter to en:x:JUrage termis players to walk in twos to their cars after dark. WRITl'EN CXJHJNICATIaIS 32. Na1e. aIDINANCES 33. NotIe. RESOIDrIaIS 34. Na1e. STAFF ~::¡ 35. oral reports by staff ........¡ -el.S. Director of Public Waècs Vi.sJo:Jviål shewed Ocurr:il the new banners to be used è.urin:J the [)o>. _.J.er holidays. City Attomey Kilian info.. ..-1 o::an:i1 that the Fair Pblitica1 PncU.ces l"nmIi ~ia1 cpinia1 œgardin¡ Kayar Plun;JY arx1 Courk::. Gatto participatin;J in Highway 85 matters will not be available prior to the ¡:dùic hearing of sept"_.¡.ez 19. He stated that in his c:pinim they J1Jðf remain m the dais and listen bIt not CJ.18Sticrt, pN:'ticipate or vote in the i -ue. 'Ihe Mayer may cpøn the meeting' an:! state that he is not participatinq. Courk::. Gatto stated that he will participate DDr8 fUlly. 'Ihe City Attomey stated that in his q>inicn it wtA.Jld be "WLu¡.&Llate for Courk::. JoI1nsa\ to å1air the meeting'. CXXJNc:IL ~::¡ 37. Came. Gatto: Highway 85 Task Faroe - Di.....'~ia1 followed regarclin:J the Highway 85 strategic Plan. c:rœm SESSIŒ At 10:10 p.m., the meetin;J adjoomed to closed sessim ngardinq possible acquisitim ar lease of real pJ:q)erty, DeAnza Racquet Club, John Vidovich, negotiator. -11- Res. 7943 adopted. sign. to be installe Banners FPPC opinion e DeAnza Recqup.t I Club . . MntTm) OF '!HE SEPIDnD 18 I 1989 I RtmI.AR CI'l"i axH:IL MEZl'DC (0::-776) At 10:23 p.m., Cameil reocnvened in o-.-..J-e:L Al.1 Camci1 .. I c. wøre}AL S _It as were City MIInagBr Brown, City ClElIit a.......J.1us, Directar of Public Worlcs Viskovid'l, and Director of n--."1ity Devel_.__.t 0Jwan. ~ ~- Club It W8S IIIaII8d by Courk::. Rogers, seocnJlod by Courk::. Gatto am p---ed un!IJ'1iJIIaJsly that staff explore the possibility of l-- of the property as well as puråwIe. At 10:28 p..., Courk::il adjcmned to 7:00 p.m., ClIpertino High Sc:bool, 10100 Finå!. AV8l1J8, '1\0- day, Sept_.I.er 19. 4~~ City 8rk -12-