CC 10-20-81
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CITY OF CUPERTINO, S"'ATE OP CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014-3255
Te1.~bone: (408) 252-4505
KINUTES OP 'lBE IIIGOIAK MEETING or 'lBE CITY COURCIL
HELD ON OCTOBER 20, 1981 IN THK CO!O'ERENCE ROOM, CITY BALL
\;ur_.INO, CALIFORNIA
Mayor Sparks called the ..etiRs ~o order io the Council ~~ber of City
Ball at 6:55 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Gatto, John_, Plungy, Rogers, Mayor Sparks
S~aff Present: City Manager Qainlan
City Clerk ~lius
Director of Pablic Works V1skovich
City Attorney Ulian
STAFF REPORTS
City Manager's Report
The City Manager's Report was accepted by Council.
2. Report from Cat..le Advisory c-ittee regardinK program changes from
United Cable.
Dr. Thomas H. Clements, Chairperson of the Cable TV Advisory COIIIIIIittee,
reviewed the proposed schedule c:haages witb Council.
By consensus, Council directed tile City Attorney to review the agreement
with Unite~ Cable TV and detera1ae if an amendment is needed in light of
tbe .Iew scheduling changes.
COUNCIL REPORTS
CC-55:.!
Paga 1
Cable TV agree-
_nt to be
revieved
Mayor Sparks: Council requested that staff get a copy of SCA 33 pertain- SCA 33
ing to special tax fnr police services.
Courcil adjourned at 7:15 p.m. to a clos2d sesion to discuss pending liti
gation and a public saf~~y emergency.
Council recon-:ened in open session in the Council Chamber at 7:35 p.m.
Counc. Present: Johnson, Plungy, Kogers, Mayor Sparks
Counc. Absent: Gatto
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
City Attcrr.e, Kilian
Director of Planning and Development Sisk
CCI2
P 2
Co act vith
Dol. H
Item removed.
Consent Calen-
dar approved
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MINUTES OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
It vas moved by Counc. Plungy, secL'I1ded by Counc. Rogers and passed
unanimously to authorize staff to work with the bonding cOIIJISny in
regard to the cOIltract with D & Band vork out a compromise solution.
CONSENT CALENDAR
Counc. Rogers reaoved Item 18. It vas !lOved by Counc. Rogers, seconded
by Counc. Johnson and psssed unanimously with Counc. Gatto absent to
approve the balance of the Consent Calendar.
8. Resolution No. 5731: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and ft'OIB the Funds ss Bereinafter Described for Salaries
and Wages for the Period Ending October 9, 1981."
9. Resolution No. 5732: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amounts and frOlB the Funds as Hereinafter Described for General
and Miscellaneous Expenditures for the Period Ending October 9,
1981. "
10. Resolution No. 5733: "A Resolution of the City Council of the
!:ity of Cupertino Accepting Grsnt of Easement for Roadway Purposes
frOll Taro Yaaagaai Consisting of Approximately 0.215 Acres, Located
Northwest Corner of Sunnyvale-Saratoga Road and Wildflov...r Way."
11. Resolution No. 5727: "A Resoluticn of the City Council of the
City of Cupertino Authorizing Reimbursement to L & L Properties,
Inc. frOlB Master Storm Drsin Fund for Master Storm Line Constructed
in Conjunction with Tract No. 5990, Rainbow's End."
12. Acceptsnce of municipal improvements: Tract No. 6838, Vist& Drive
Townhouse Development.
13. Resolution No. 5735: "A Resolution of the City Council of the
City of Cupertino Approving Contrac~ Chsnge Order No. 1 for Santa
Lucia and Ricardo Wster Main Project 81-\14."
14. Resolution No. 5736: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Amendment to Service
Agreement with Gates, IIcDonald."
15. Resolution No. 5737: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Agreement with Citv of
Saratoga for the Overlay of a Portion of Prospect Road."
16. Resolution No. 5738: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Partial Release of
Participation Agreement City of Cupertino Below Market RateiHousing Program, Tract 7039, Park Plaza."
·
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MINUTESt,OF THE OCTOBER ZO, 1981 CITY COUNCIL MEETING
17. Resolution No. 5730: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Steven. Creek
at Railroad Widening Project 80-42."
18. Reaoved.
19. Minutes of the regular City Council meeting of October 5, 1981.
(CC-551)
VC'te Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: Gatto
ABSTAIN: None
ORAL COMMIJNICATIONS
20. Resolutions of sppreciation to for.-
r.OIIIII:1aaioner".
Mayor Sparks pres~nted the resolutions of sFpreciation to Lonnie Toens-
feldt, fot'lller member of the Parks and Recreation CCDaission. and Robert
Gonzales.. former _her of the Public Safety COIIIIIIission.
PUBLIC HEARINGS
21. Consideration of application of Vehicle Code to private roads in
the Cupertino Countryvood subdivision.
(a> Second read'ina of Ordinance No. 1138: "An Ordinance of the City
of Cupertino "-ending Section 11.26.110 Item 'H' Regulsting
Stopping, &tanding or Parking on Private Streets, and Providing
for Signs Nc~ifY1ng the Public Thereof, and Further Providing
for Penalties for Viol~tion Thereof, Pursuant to Section 21107.
of the California Vehicle Code for Tracts No. 5919 and 6059,
Countrywood Townhouse."
CC-552
Page 3
Resolutions
of apprecist10n
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed vith Public h"aring
Counc. Gatto abcent to close the public hearing. closed
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed vith
Counc. Gatto absent tn approve the applicatIon of the Vehicle Code to the
private roads.
It vas moved by Counc. Plungy, seconde~ by Counc. Rogers and passed vith
Counc. Gatto absent to read Ordinance No. 1138 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed with
COIJnc. Gatto absent to enact Ordinance No. 1118.
Applicat ion of
Vehicle Code
approved
Second reading
of Ord. 1138
Ord. 1138
enacted
_5~
MINUTES OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
22. Application 20-Z-Sl of Sobrato Development COPIpany: Rezoning
approximately 3.3 ac=es from P (Planned Development with residential
cluster intent) zone to P (Planned Development with c~rcial
and office use intent) zone and Environmental Review: The PlannL"tg
Commission rec.-nds the granting of a Neg9tive Declaration. The
subject property is located on the southwest corner of De Anza
Boulevard and Lazaneo Drive. RecOllllllended for approval. This
application to be heard in conjunction with Applications l5-~8l
and 19-U-81.
(a) Consideration of change in trip end constrsint for professional
offices.
(b) First reading of Ordinance No. 1142: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approxilllately 3.3 Acres frOll P Zone to P Zone;
Located on the Southwest Corner of De Anza Boulevud and
Lazaneo Drive."
PLANNmG APPLICATIONS
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25. Applications l5-~8l and 19-U-8l of Sobrato Development Company:
Tentative Map to combine tve> parcels consisting of approxilllately
3.3 net a~res; Use Perait to construct a three-story office building
equaling approximately 105,000 sq. ft. and Environmental Review:
The Planning CaBission rec~nds the granting of a Negative
Declaration. The subject property is located on the southwest
corner of De Anza Boulevard and Lazaneo Drive. Recommended for
approval. These applications to he heard in conjunction with
Application 20-Z-8l
Director of Planning snd Development Sisk reviewed the Applications with
Council.
Hr. John Sobrato, Sobrato DeveloplDent Co., presented slides to C~uncil
shoving various parking lots in the area. Be reViewed parking requirement3
with Council and showed transparencies relating to traffic data.
He requested that Condition No. 24 of Application 19-U-81 be eliminated.
He objected to the wording of the Planning Commigsing minute order
pertaining to off site improvements.
Dr. Brown discussed sever capacity vith Council.
Dr. Karl W. Frese, Jr. presented Council with a report pert~ining to
traffic in the l.azaneo area. He stated his opposition to the building
because of the traffic impact. He sugge~ted that Hariari Avenue
be reopened.
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Hr. Burch Boone, Lincoln Property Co., stated that he felt the trip
end system has wJrked on a fair and equitable basis. He also objected
to the wording ;n the minute order as being tou vague.
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HIND .5 OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
City Manager Quinlan felt that the wording to be used could be the usual
assessment district formula pertaining ~o cost/benefit.
Hr. William Weil, owner of the Donut Wheel, expressed the opinion that
traffic on Lazaneo was not heavy.
It vas moved by Counc. Johnson, seconded by Counc. Rogers and passed with
Counc. Gatto absent to close the pu~lic hearing.
(City Clerk's note: Counc. Gatto arrived at 8:45 p.m.)
With the return ot Counc. Gatto, the City Attorney stated his opinion
that since Hr. Gatto vas not present to hear testimony, he vould be unsble
to vote on the matter. However, the item could be continued in order to'
allow ~r. Gatto the opportunity to listen to the tape.
It vas moved by Counc. Plungy, secorded by Counc. Johnson snd passed with
Counc. Gatto abs~a1ning to grant a Negative Declsration for Appl~~~tion
20-Z-81.
it vas moved by Counc. P.....ngy, seconded by Counc. Johnson and passed with
Counc. Rogers disaent1ng and Counc. Gatto) ábstaining to sppr""e Applica-
tion 2D-Z-8l per Planning Comadaaion Resolution No. 2236.
It waa IIIOVed b, Counc. Plungy, seconded by Counc. Rogers and pssud with
Counc. Gatt~ abstaining to read Ordinance No. 1142 by title only and the
City Clerk'. reading to constitute the firs~ reading.
It was IIIOved by Counc. Plungy, seconded by Counc. Johnson snd t>asaed with
Counc. Gatto abstaining to grant s Nesstive Declaration for Applications
l5-TK-8l and 19-U-81.
It was moved by Counc. Rogers, seconded by Counc. Plungy and passed with
Counc. Gatto sbstsining to approve Application l5-TK-8l per Planning
Commission Resolution No. 2237 and to approve Application 19-:··~1 per
Planning Commission Resolution No. 223& ~s amended. Condition No. 24
vss amended to read as follows:
CC-552
Psge 5
Public hearing
closed
Negative Dec.
for 20-Z-8l
20-Z-8l
approved
First reading
of Ord. 1142
Negst1ve Dec.
for l5-TK-8l
and 19-U-8l
l5-TK-81 and
19-C-8l
approved
24. The application j~ approved contingent upon a finding by the Cupertin Corrected
Sanitary District that there is adequate capacity for the project and Condition 24
other undevelop"d sites in the affected trunk service area. If
capacity is not availahle and the applicant cannot increase capacity
via employing mitigating ~casur~~ acceptable to the City and the sani
tary district, the project may not be &ranted ?ther permits to com-
mence construction nor have any other maps recorded.
Conditjons No. 25 and 26 vere added as follows:
25. Should parking become a problem in the future, the owner will be
required to remedy the situation by providing additional parking on
the site. This may be accomplished, if approved by the City, by re-
striping, additiona~ floors in the parkir.g garage, or removing land-
scaped a~eas as deemed appropriate by the C'ty.
Added cond i-
tions 25 and 26
CC- 552
.6
p.c hearing
closed
Amendment
approved
First reading
of Ord. 1136
.
MINUTES OF THE OCTOBER 20, 1981 CITY COUNCIL MEETIIIG
26, The applicant agrees to participate in his proportionate share
of off site ilDprov.-nt at the intersection of De Anza Boulevard
and Stevena Creek Boulevard if any are necessary. Bis share would
be determined by a cost benefit ratio as established by sssesement
district law. Boundaries for any district would be determined at
a later date pp.r assessment district law.
(City Clerk's note: Counc. Johnson opposed Condition No. 26.)
PUBLIC BEARINGS (continued)
23. City of Cupertino: Public Beari"g to smend Ordinance No. 652
(Procedursl Ordinance) relsting to administrative procedures for
zoning actions, conditional use permits and varunces. ..~..
MDAIed for .p I~~.~. ;'; .,. . 't1'
<. .."..... .""'; .
.'- .
; \.... .; '. ~-.
(s) First resding of Ordinance No. 1136: "An Ordinance of the
City of Cupertino Amending Section 6.4 of Ordinance No. 652
Pertaining to Proce~ures in the Matter. of Amending the General
Plan, Amending the Zoning Ordinance, Amending the Official
Zoning Map, Procedures in the Matter of Conditional Use Permits
and Variances."
It vas moved by Counc, Johnson, seconded by Counc. Gatto and passed
unanilllously to close the public hearing.
It vas moved by Counc. Johnson, seconded by Counc. Gatto anti passed
unanimously to approve the amendment per Planning Commission Resolution
No. 2242 ss recommended by staff.
It vas moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to read Ordinance i!o. 1136 by title only and the City Clerk's
reading t3 constitute the first reading.
24. City of Cupertino: Public Hearing to consider amendment of Ordinance
No. 220(1) by amending Sections 128.I(a), l28.1(c) and addin2
Section l29.l(e) ~oncerning permitted uses in the ~Q (Quasi-
Public Building) ~one and the T (Transportation) Zone. Enviro~2ntal
Revie~: The Planning ~ommission recommends the granting of a
Negative Declaration. Recommended for approval.
(a) First reading of Ordinance ~:o. 1131: "An Ordinance of the
City oÍ Cupertino Amending Ordinance No. 220(1) by ~~endin~
Sections 128.l(a), l28.I(c) and Adding Sectio~ 129.l(e)
Concerning Permitted Uses in the Quasi-Public Building (BQ)
Zone and the Transportation (T) Zone."
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IUIIUfJ!S OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
It vas moved by Counc. Rogers, seconded by Counc. Johnson and pes sed unan-
t.ously to close the public hearing.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
t.ously to grant a Negative Declarstion for the project.
It vas moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
t.ously to approve the amendment per Planning Commission Resolution No.
2245 as recommended by staff.
It vas moved by Counc. Plungy, seconded by Counc. Rogers and p )ssed unan-
1a>u.oly to read Ordinance No. 1131 by title ,,=.:<y a..'; the City Clerk's
reading to constitute the first reading.
~ING APPLICATIONS (continued)
26. Application 22-U-8l of Bsppy Daze Preschool: Use Permit to operate
a preschool for approxilDstely 30 children and Environmental Review:
The Planning Commission recommends the granting of a Negativø Dec-
latstion. The subject property is locsted on the south side of Cali
Avenue approximately 170 ft. east of De Anza Boulevard (20470 Cali
Avenue) in s P (planned Development with commercial, professional
office and residential intent) zoning district. Recommended for
approval.
It vas moved by COtmc. Gatto, seconded by Counc. Rogers and p....sed unan-
iaously to grant a Negstive ijeclaration for Applicstion 22-U-8l.
It vas moved by Counc, Gatto, seconded by Counc. Rogers and passed unan-
iaousIy to approve Application 22-U-8l per Planning Commission Resolution
No. 2252.
AJlCHlTP.CTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
27. None
ITÐIS REMOVED FROM CONSENT CALENDAR
18.
Resolution No. 5734: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Annual Overla
Project 82-01."
It vas moved by Counc. Gatto, seconded by Counc. Johnson and passed unan-
imously to adopt Resolution No. 5734. Council requested capital improve
ment prograu information in future reports such as th,s relating it to
budget line items.
UNFINISHED BUSINESS
29. Corsideration of legal proceedings regarding illegal use of an Rl 10
(l0493 Hira Vista Avenue). (Continued from meeting of August 17,
1981. )
CC-552
Page 7
Public hear ing
closed
Negstive Dec-
laration
Amendment
approved
First reading
of Ord. No.
1131
Negative Dec.
for 22-U-81
22-U-8l
approved
Res. No. 5734
adopted
~52
'A.Y 8 cits-
tions to con-
tinue
Contract to
Gradon Sheet
Hetal
No action
.
Res. No. 5739
adopted
H ichael Wilson
and All ianz
claims rejecte
BMR guidelines
modified
N.tiOn
KINUTES OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
Council received a report frOll the Director of Plsnr~ng and Develop.ent.
The Code Enforc.-ent Officer viii continue vith veekly citation. until
the violation is remedied.
30. Follow up report on Mann Station ventilating systeID - informal
b!.ds.
It vas !lOved by Counc. Johnson, seconded by Counc. Gatto and passed
unanimously to award the contract for Mann Station Ventilating System
to Gradon Sheet Metal in the aDOunt of $13.183 and appropriate $14,000
frOll the Water Fund.
NEW BUSINESS
31. Request for Council endorsement of advisory measure A on November
3 ballot.
By consensus, CouDcil took no action.
32. Consideration of in lieu payment to the City Attorney to compensate
for termination of Socisl Security benefits.
(a) Resolution No. 5739: "A Resolution of the City Council of
the City of Cupertino Amending Resolution 5214 vith Respect
to Termination of Social Security Benefits to the City
Attorney and Payment in Lieu Thereof."
It vas moved by Counc, Gatto, seconded by r.ounc. Plungy and psssed
unanimou.õJ.y to adopt Resolution No. 5739.
33. ClailD8 for damages filed by Allianz Insurance Company and Michael
Wilson.
It was moved by Counc. Rogers. seconded by Counc. Gatto and passed
unanimously to reject claims for damages filed by Hichael Wilson and
by Allianz Insurance Co. The City Clerk shall notify claimants.
34. Modification of below market rate program to change definition of
"household size".
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unanimously to approvE that BHR Guidelines be amended to include the
folloving: In the alternative, two adults may qualify for a tvo bedroom
unit.
WRITTEN COMMUNICATIONS
35. Letter from City of Hawthorne requesting Coun~ilto urge the State
Board of Prison Terms to rescind early release date for Sirhan
Sirhan.
It was moved by Counc. Johnson, ~econded by Cou~c. Rogers and passed
unanim~usly to take no action on this item.
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HINUTES OF THE OCTOBER 20, 1981 CITY COUNCIL MEETING
ORDIIlANC!.S
36. Second read1ug of Ordinance No. U4l: "An Ordinance of the City
of Cupertino Finding and Declaring that Certain Privately-Owned and
Maintained Parking Facilities are Generally Beld Open for Use of the
Public for Purposes of Vehicular Parking, and Amending Section
11.28.070 of the Cupertino Municipal Code, to Provide s Means for the
Enforcement of Section 22507.8 of the California Vehicle Code Pur-
suant to Section 21107.8 of the California Vehicle Code, for Zilog,
Inc."
It vas moved by Counc. Plungy, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 1141 by title only snd the City Clerk's
reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Rogers and pass"d üüan-
imously to e.nact Ordinance No. 1141.
37. Second reading of Ordinance No. U39: "An Ordinance of the C1ty of
Cupertino Amending SectioD 1 of Ordinance No. 2 by Rezoning Approxi-
mately 50~ Gross Acres frOll Al-43 Zone and Pre zoning Approximstcly
12 Gross Acres frOlD Santa Clara County Al-lac Zone to City of Cuper-
tino RBS Zone; Consists of Undeveloped Hillside Aress Locsted South-
easterly of the Kaiser Peraanente Cement Plant Located on Stevens
Creek Boulevard (Perunente Road) and Northwesterly of Stevens Canyon
Road beginning Approx1mately 3,800 Ft. (2/3 Mile) North of KontebeUo
. Road."
It was moved by Counc, Plungy, seconded by Counc. Rogers snd psssed unan-
imously to read Ordinance No. 1139 by title only and the City Clerk's
reading to constitute the second reading.
It vas moved by Counc. Gatto, seconded by Counc. Rogers ~nd passed unan-
imously to enact Ordinance No. 1139.
RESOLUTIONS
38. Resolution No. 5740: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Agreement between the City and
Gregg C. Bunker; Approving Improvement Plans for the Northwest Corner
of Sunnyvale-Saratoga Road snd Wildflower Way."
It was moved by Counc. Gatto, seconded by Counc. Johnson and passed unan-
imously to removed this resolution from the calendar.
NON-AGENDA BUSINESS
39. Recognition by Hayor of special requests.
(a) General Audience - None
(b) City Council
CC-552
Plig" 9
Second reading
of Ord. 1141
Ord. No. 1141
enscted
Second reading
of Ord. 1139
Ord. No. 1139
enacted
Res. No. 5740,
Gregg Bunker.
removed
It was moved by Counc. Johnson, seconded by Coune. Gatto and passed unan- Res. No. 5742
imously to continue Resolution No. 5742, "A Resolution of the City Counci' continued
C~2
"-10
Res. No. 5743
adopted
Let ter re stop-
ping malathion
spraying re-
ferred to
City Attorney
Pending Hti-
ga tion vith
Rosendin re
18tic Signal
I_rconr.ect
Signals at De
Anza Blvd. and
Lazaneo Drive
.
KINUTES OF THE CCTOBER 20, 1981 CITY COUNCIL MEETING
39. (continued)
of the City of Cupertino Rescinding Resolution No.. 5712 Joint Powers
Agreement for the Housing and Community Development Act of 1974
as Amende~', to the meeting of November 2, 1981.
It va.. !lOved by Counc. Gatto, seconded by Counc. John.on .nd passed
unanimously to adopt Resolution No, 5743, "A Re.olution of the City
Council of the City of Cupertino Approving the Final Map of Tract No.
7160, East Side of Stelling Road between Huntridge Lane and Carriage
r.ircle; and Authorizing Signing of Final Map."
It was !lOved by Counc. Johnson, seconded by Counc. Rogers and passed
unanimously to refer a letter received frOlD Vivian Bsvkins ?ertaining
to litigation to stop malathion spraying to the City Attorney for his opinion.
At 10:00, Council adjourned to a closed session in the Conference Room
to discuss pending litigation.
At 10:15 p.lI. Council reconvened in open session in Council Chambe~.
The City Attorney announced that s possible settlement "f ?ending
litigation vith Rosendin Electric, Inc. in regard to the Traffic
Signal Interconnect wss discussed. A subcontractor, Multisonics,
has suggested changing some hardvsre. Negotistiona viii commence
which viii include s letter to Rosendin and Kultisonlcs.
It was IDOved by Counc. Gatto, seconded by Counc. Plungy and passed
unanimously to suthorize staff to send such letters.
It was moved by Counc. Rogers, seconded by Counc. Johnson and psssed
unanimously to direct staff to look into the length of tille allowed
for s left turn froll De Anza Boulevard onto Lazaneo Drive and perhaps
shortening of that time period.
At 10:20 p.m., it was moved by Counc. Plungy, seconded by Counc. Johnson
and passed unanimously to adjourn to 6:00 p.m., November 2, 1981 for
a joint meeting with the Par~ and Recreation Commission.
42~ æ~¿-<z
City Clerk