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CC 02-20-79 . . . . City of Cupertino, State of California 10300 Torre Avenue, Cupertino, CA 95014 Tehphone: 252-4505 MINUTBS or-, TIIII ~ MEETDiG òr TUB cur C\.'1NCIL HELD ON FEBWAJl.Y2Ö;, 1979, IN THE COKPERZIfca-IOOK, CITY HALL : CUIDTINO, CALIFORNIA - -- The meeting was called'to orðer by MaJor Jackson at 6:40 p.... in the Conference Room of City Ball..: ROLL CALL Counc. Pl-esent: Staff Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson City Manager Quinlan ActiÒ8 City Clerk Cornelius Director of Public Worka Viskovich Director of 'Planning and Development Sisk Director of Parks snd Recrea~ion Butler Aclministrl.tive Services Officer Brown Acting Directer of Finance Snyder Others Present: Douglas G. Sporleder, Training Officer, Central Fire Protectio~ District STAH REPORTS 1. Olal reports by staff members and submission of _written reports. The City Manager presented a report regarding the Fourth of July fire- works. The theme scheduled for this year is "This is America". It was moved by Counc. lieyers, seconded by Counc. Rogers snd passed unan- imously that staff pursue the Fourth of July fireworks program and fundin with the Chamber of Co_erce, with Director of Parks and r.ecreation But- ler acting as coordinator for the City. Council opposed any ticket selling tor the presentation. Staff will also explore with the Chamber vhdous arrangements regarding concess1.o.' atands. Dougl~s SporledEr, Training Officer, Central Fire Protection District, presenled Council with a report regarding arson committed in the Cuper- tino ar"a. There have been seven this year to date, prImarily in the Monta Vista area. It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed with Counc. Jackson dissenting to send a letter to Senators Alquist and Smith and the Board of Supervisors in oppos it ion to SB 302 dealing with the consolidation of Cupertino Sanitarr District and Sanitation District 4. " CC-450 Page 1 Fourth of July program Report on arson Oppoaition to S8 302 .. ...~...¿ ~ .5~ Letter from Barristers Cllb . Items re- moved from Con. Calendar; balance approved . ._...,. , ,..,.',.' ,'-'}""¡'" '\., ",-,' .' '-.' ...... ,...., . . '/ "".",-, :iINUTES OF TH~ FEBRUARY 20, 19~9, CITY COUNCIL KEETING Council discussed a letter received from the Barristers Club of Banta Clara County regardinl the consolidation end apecializat10n of municipal courts. It was movEd by Counc. O'Keefe, aeconded by Counc. Rogers and paned unanimously to rer.onsider th1. under New Business if a repreaentative of the Barristers Club were present at that time. At 7 :30 p.m., the meeting was adjourned to the Council Chamber and the meeting reconvened at 7:45 p.m. SALUTE TO THE FLAG ROLL CALL Counc. Present: Heyers, O'~eefe, Rogers, Sparks, Mayor Jacksoh Staff Present: City Manager Quinlan Acting City Clerk Corneliua Directo,- of Public Works Viskovich DirectQr of Planning and Development Sisk Director of Parks and Recreation Butler Administrative Services Officer Brown (left meeting at 10:30 p.m.) Acting Director of Finance Snyder Cicy Attorney Adams Building Official Leber CONSENT CALENDAR At the request of the Mayor, Items 2l, 24 anJ 25 were removed from the Consent Calendar. It was moved by Counc. Rogers, seconded by Counc. O'Keefe a~d passed unanimously to approve the balance of the Consent Calendar. 7. Resolution !lo. 4921: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the AJo>ount and from the Funds as Uereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending February 5, 1979." 8. Resolution No. 4922: "A Resolution of the City Council of the City of Cup..rtino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending February 12, 1979." 9. Resolution No. 4923: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demanås Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending February 13, 1979." .., . ~ .,'" -·~~"I~"-~~'~~~~-r~1'.~~~-ì:!'nt~~~'0~"7'~':"'-"'''''··'~··''',,-~' ,..- . M!NUIES ~F TIlE FEBRUARY 20, 1979, CITY COUNCIL MEETING 10. Resolution No. 4924: "A Resolution of the City Council of the City of Cupertino Approving Contrsct Change Order No. I fer Senio Citizen Center, Project 79-3, Contract No.7, Electrical." CC-450 Page 3 11. Res~lution No. 4925: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 3 for Emer- gency Generator, Plumbing, Project 78-l6." 12. Resolution No. 4926: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 3 for ~er- gency Generator, Electrical, Pr"ject 78-14." J3. Resolution No. 3873.40: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 13 for Vallco Park Assessment District 1974-2." 14. Resolution No. 4304.35: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order ~o. 12 for North De Anza Boulevard Assessment District Project 76-14." . 15. Resolution No. 4927: "A Resolution of the ':ity Council of the City of Cupertino Au~horizicg Execution of Agreement with Wil- fred E. Blessing, F.A.I.A. & Associates, Architectural Services for Ci~y Hall Basement Mot'ification Project." 16. Acceptance of municipal improvements: (a) Measurex Corporatlon, Phase III·· 24" ~torm drain crossing Southern Pacific Right-of-Way. (b) Spinnin' Wheels Skate Park, Inc. - Stelling Road. 17. Resolution No. 4928, "A Resolution of the City Council of the Citf of Cupertino Accepting a Grant of Sidewa!k and Landscape Easements from Michael Del Monac? and ~rnestjne Del Monaco Locate Along the West Side of De Anza Boalevard bet..een Route 280 and Valley Green Drive." 18. Resolution No. 4929: "A Resolution of the City Council of the City of Cupertino Approving Contr~ct Change Orjer No. 1 Pond Change Order No.2, Traffic Signal Installation at Pruneridge Avenue at Hewlett-Packard. Project 79-11)." 19. Application HC-51,467.1 - Peninsula Capit~l Group (Stonebridge) requesting approval of site, architecture, landscaping and lighti ng for 36 single-family cluster lots located at the north- west quadrant of California Oak Way and Stevens Creek Boulevard. Recommended for approval. . ...._~.~-- _450 ..,4 . Hearing con- t inued, ord. amended . .~,¡ ,.C~~~iW'~~:.~~..;.-¡~.~~~t,¥{~~'\~~t~'~.,;~~~., '\.'.' .;,;,:'" HlNUTES OF TIlE FEBRUARY 20, 1979, CITY COUNCIL MEETING 20. Application HC-Sl,296.1l - Boas Savings & Loan Associatton requa.tinS approval for landscaping for a financial building on the northeast corner of Bandley Drive and Stevens Creek Boulevard. Recommended for approval. 21. Removed 22. Application HC-Sl,088.4l - Pizza Time Theatre Inc. requesting approval of exception to Section 6.03.3 of Ordinance 746 to perwit installation of a free-standing sisn on a lot with less than 200 ft. of public street frontage. Located on the east side of Bubb Road in the West Valley Industrisl Park. Recommended for approvsl. 23. Application HC-51,333.l4 - Michael Del Monaco (Anthony's Pier) requesting approval of lighting for a sit-down restaurant at the southwest quadrant of De ADza Boulevard and Route 280. Recommended for approval. 24. Removed 25. Removed 26. Minutes of the adjournpd regular City Council meeting of FeLruary 6, 1979. (CC-449) Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keefe, Rogers, Sparks, Jackson None None None ORAL CO~&ruNICATIONS 27. None PUBLïC HEARINGS 28. Consideration of a proposed building security ordinance (continued from February 5, 1979). It ~as moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unanimously to continue the public hearing to the meeting of March 19; for staff to r. ..>rd .ection 16.48.040, paragraph A, to eliminate reierence to crime ~ ..~ .:0 establish a minimum standard of lighting; Section 16.48.050, ... -",rcial Buildings, to include a reference to the Uniform Building Code when referring to group E, I, Rand M; Sectioil 16.48.090, eliminate "or disapprove" before "any device or system that would reduce tha required fire or life safety of the building"; Section 16.48.020, paragraph F, eliminate the remainder of the paragraph after "as provided in this division". -'~:~~:"':""~-','¡~,~~";"'"~,~"'_" .,~...,;.." >.- ,"," . -""-":"""'::-'T~~""_~Ç~'\""'l ;...." ~""".~'" Hl~TES OF THE FEBRUARY 20, 19i9, CITY COUNCIL HEETI¡~ . 29. Lazaneo Drive ~tension. Director of Public Works Viskovich gave a brief history resarding the Lazaneo Drive extension and trsff1c in the immediate area. Mr. John McGuigan, 10163 Miner Place, spoke regarding volume of traffic necessary prior to iaplementation of solutions other than those preaent- ed in the staff report. He supported a "No L"ft Turn" sign to be placed on Vista at Stevens Creek Boulevard to cover peak commute hours. Mr. UcGuisan presented to Council a survey he had conducted in the area regarding preference of Lraffic control devices. Mr. Harold M. Johnson, 10511 Larry Ave., apoke in support of reopening Mariani. Sima Lutzker, 10340 Prune Tree Lane, spoke in support of opening Lazaneo and no traffic signal at. Vista and Stevens Creek Boulevard interaection. However, she ,",ould snpport " "No Left Turn from 4-6 p.m." sign at that corner. Rose Marie Hughes, 1023~ Miner Place, also supported the opening of Lazaneo and a "No Left Turn from 4-6 p.m." aign. Shp. also requested that Council establish a committee to approach the whole traffi~ problem which occurs throughout ~he County rather than juat one portion of it. . Sima Lutzker suggested that 8 barrier be constructed between Randy and Vista. John McGuigan expressEod his opiniulI that the timing of the signal would be more constraining to residents than commuters. Mr. Langemak, 10164 Miner Place, questioned the need of a light at Vista as there were very few cars using that area at this time. Fred Chavoya, Chavoya Dr., said h" has notIced less traffic on Chavoya Dr. sInce the cloeure of Mariani and suggested that the barricade be placed west of Randy as origically planned. J. P. Gr~enwalt, 10220 Vista Dr., told Council he believed the problem was the sFeed of the cars and not the number of the cars. de sugg~~ted that lightb be placed at both De Anza and Lazaneo and at Vista and Stevens CreEok Boulevard with no barrier erected. He also suggested that in some areas of the City, traffic signals could be programmed to blink red after a certain hour. Reid Stone, 10181 Parish Pl., questioned why Lazaneo could not remain closed ..nd inquired as to traffic Counts. . Muriel Grady. 10614 Larry Way. asked if Council was deciding to open Lazaneo or deciding where traffic would go when it Wå.S opened, as she understood that Council had already approved the opening of La~aneo. CC-450 Page 5 History I "".'~-": -"-'-r ,¡:><-' CC-450 eer. tlliC closed hearing Counc. posi- tion reaf- f i riled Signal timing at p~ Anza, left turn sign at Vista Barrier to be er..cted Staff to work with residents Revaluation . months O""~,·.':'~(-;:-':'?I!:~"'~'~'''~~''';_'~~;' ,-""C', ',. .-:..'c:"~"'~'~"?,'::"-"(':\l.~~?~:::?'~ .~. ..., MIIIUES OF THE FEBRUARY 20, 1979, CITY COUNCIL HEETIIIG Louia Paviso asked Ccuncil if there would also be a ldft turn signal on the west side cf De ADza Boulevard On Lazaneo. Charles Vicek, 20121 FOlest, stated he had been infor=ed five years ago that Forest would not go through to De ADza Boulevard. His primary concern was safety of childre:1. He expresaed support for a barrier and requested that the issue of a sidewalk alonl Lazaneo and Forest be resolved. R. E. Nordmann, 20165 FOieat Ave., spoke 1n support of a barrier at Forest and Randy add the opening of Lazaneo. H. Zetschok, 10642 Larry Way, asked when the úoaut Wheel was to be moved. Wm. Weil, owner of the Donut Wheel, said that his new buildi~g is almost complete and ..xp~essed his opinion that thero was a need to control peak commuter traffic and that a left turn signal at De Anza Boulevard and Lazaneo is necessary ior his business. It was moved by Counc. O'Keefe and seconded by Counc. Sparks to close the public hearing; the motion was withdrawn. Deryl Cram, Cupertino Union School District, addresaed Council regarding his conc..rns if a "No Left Turn" sign is put on Vista at Steven3 Creek Boulevard. Employees of the Schoo] District and school buses may want to go east on Stevens Creek Boulevard. It wp.s ~ved by Counc. Meyers, seconded by Counc. O'K¿efe and passed unanimou&lv to close the public hesring. It was moved by Cc~nc. Meyera, seconded by Counc. Sparks and passed unanimously to reaffirm Council position to open Lazaneo Drive to De Anza Boulevard. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and pas~ed unanimously to utilize signal timing at De Anza Boulevard to control traffic, and also co plp.~~ a sign on ~ista at Stevens Creek Boulevard stating that no left turns are allow"d from 4:00-6:00 p.m., commute hours. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unanimously to reaffirm that the Forest Avenue barrier be erected, preferably west of Randy Ave. at this time. Over the next four weeks, staff will work with residents of the affected area and a representative of the School Distr~ct to examine a~y new proposal to reriuce potential commuter traffic. Director of Public Works Viskovich will also make a recommendation as to peak level of traffic, and when that' level is reached or surpassed, other strategies will be investigated. Nine months after the opening of Lazaneo, ctaff will bring back to Council a traffic count for the area at which tlm~ methods used will be re-evaluated. I . ;....~. . . . ,., ,...~h~..--~,"""""'7~~r...~.;~~.{'~{,"r~'-:·,..::-~'.~.1.';"''''~f~~~_< :'<>_ '.__'< ~.-- , '_'. r ._~~\ ;.;:\ MINUTES OF THE FEBRUARY 20, 1979, CITY COUNCIL MEETING RECESS: 10:30 - 10:40 p.m. ITEMS RElÐVf.D FRCH CONSENT CALENDAR 21. Appll~ation HC-51,027.5 - ZRK (Zimmerman, Rintala, et al) requeating s;>proval of site, architecture, landacapinø and l1ghtina for three office buildinls equaling approxiaately 37,200 sq. it. located on the east side of South De Anza Boulevard approximately 160 ft. northerly of Pacifica Drive. Recommended for approval. It was moved by Counc. Sparks, aeconded by Counc. Meyers and paased with Counc. Rogers absent ~nd Counc. Jackson abstaining to approve Application H::-51,027.5. Counc. Rogers return to Chambers at 10:45 p.m. PLANNING APPLICATIONS 30. Applications 28-TM-78 and l-U-79 of Cupertino Knolls (Eureka Federal Savings & Loan): Tentative Map to subdivide approximately 14.3 acres into 17 single-family residential lots with one lot to be held in common and one lot to be dedicated to a private or public entity and used as an educational facility to study the natural environment and EnvirorJmental Review: The Planning Commission recommends the grant in of a Negative Oeclaration: and Use Permit to conatruct 17 single- family detached homea with one lot to be held in common and one lot to be dedicated to s private or public entity and used as an educa- tional facility to study the nstural environment and Environmental Review: The pr"ject was previously assesaed hence no action is re- quired. The suOject property is located on the nortn side of Voss Avenu~ approximately 200 ft. westerly of El Prad" Way in a P (Planned Development with residential hillside intent) zone. Recommended for approvaL Don Beard-ley, representing the applicant, addressed Couacil. Naucy Hertert expressed her appreciation for the applicant's cocperation in resolving certain issues and expressed concern that the display map notated the po~d as a public recreation area wheu it will be used for educational studi~s as a natural resource area. Mayor Jackson suggested that Evergrepn District work with the applicant t~ clarify this issue to potential homeowners. Ms. Hertert commended Kaiser Corporation for their cooperation in working out various details such as fencing the area. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed anan- imously to grant a Negative Declaration. It was moved by Counc. Meyers, G~conded by Coune. Sparks and pasFPd unan- imouslYlo approve Application 28-TM-78 as per Planning Commission Resolu- tion 1910. It was moved by Coune. !-Ieyers. seconded by Coune. Sparks and passed unan- iæ~us]y to approve Ap?lication l-U-79 as per Planning Commission Resoluti 1911. CC-450 Pale 7 HC-51,027.5 approved Appreciation for coopera- tion Kaiser com- mended Negative Dec. granted 28-TM-78 approved l-U-7~ ap- proved CC-450 JAg" ,8 .tter to be s{'n t to Kalser 2-U-79 ap- proved . Waiver granted for 1979 only Cont inued Continued S0brato-Berg reimbursed . ",._,' " MINUTES OF THE FEBRUARY 20, 1979, CITY COUNCIL MEETING By consensus, Council requested that staff work with Ks. Hertert and prepare a letter for the Mayor's signature to be trsnsmitted to Kaiser thanking them for their cno~dration. 31. Application 2-U-79 of Silver Oaks W~st (San Jose Buildinl Design, Inc.): Use Per1llit to operate a grocery store conaisting of approxi- mately 2,000 sq. ft. in the planned Silver Oaks West Commerciel Center and ENVIRONMENTAL REVIEW: The project was previouÐly s..essed henc" no action Is required. The Silver Oaks West commercial devel- opment is located on the DOrthwest comer of Stevena Creek Boulevard and Foothill Boulevard in a P (planned Development with aingle-faUy cluster, residential, multiple-family residential and commercial use intent) zoning district. Recommended for appIoval. J. J. Seller, 5450 CopelRnù Lane, San Jose, appltcant, informed Council that the proposed grocery store would be a famil¡ business, not a franchise operation. It was moved by ~ounc. Meyers, seconded by Counc. Rogers and passed with Counc. Sparks disse~ti~g to approve Application 2-r-79 as per Planning Commission Resolution ~o. 1914. ITEMS REMOVED FROM CONSENT CALENDAR (continued) 24. Waiver of business license fee for Delancy Street Foundation, Inç. It was moved by Counc. Meyers. seconded by Counc. Sparks and passed unanimously to grant Delancy Street a waiver of fee for 1979 and any waivers for future years would require that they reapply. 25. Minutes of the regular City Co," .cil meeting of February 5, 1979. (CC-448) By ccnsensus, this matter was co~ti~ued to the March 5, 1979 meeting. UNFINISHED BUSINESS 34. Proposed Monta Vista island annexation - tentative time table. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unanimously to continue to the March 5, 1979 meeting. NEW BUSINESS 35. Request for authorization to reimburse Sobrato-Berg for water line easement. Funds received from Cupertino-Brown Investment, $10,000. It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unanimously to reimburse Sobrato-Berg $]0,000 for water line easement, said funding having been received from Cupertino-Brown Investment. 36. The future status of Inter-City Council. · · · "~,,,,,. . '. ~~·s..~""''1'.w;:''''~~''"~'~~T··.~ ., . ,'-~ _,,,' ,~v ~ ,.,.~, ' ' ,""...,-.~~ MINUTES OF THE FEBRUARY 20, 1979, CITY COUNCIL HEETIIIG It was IIOVed by Coonc. Sparks, seconded by Counc. O'J(eef. and p...ed unanimoudy that ICC continue to exist as redb-ected. SU88..tions for rC8truct~ring the organiz~t1on are contained in Mayor Jackson'. lItter dated January IS, 1979. 37. Discussion of AB 287 relating to duties of LAFCO. By consensus, Council authorized staff to express its concern to our As.....blyman and Stat.. Senator, but withhold final decision until auch till as further analysis of the bill has been made by the Lealue and others. 38. Fiscal Year 1978-79 Audit Proposal. It was moved by Counc. Sparks, seconded by Counc. Meyers and psssed unan- imously that the City employ the firw of Peat, Marwick, Mitchell & Co. for one more year for the examination of the City's financial records for the fiscal year ending June 30, 1979 in accordance with the proposal as submitted on Dec...ber 21, 1978. 39. Consideration of HOI~ing and Community Development funded improve- m..nts for Monta Vista neighborhoods. Council accepted the staff report for filing. No other action waa taken. CITY L~ERK'S NOTE: Since no repr~Rentative of the Barristers Club was present, no action was taken on the letter received from them. WRITTEN COMMUNICATIONS 40. Request from Floyd D. Clevenger to deannex from the City of Cuper- tino and to annex to the City of San Jose. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and paased unan- imously to deny the request for deannexation from the City of Cupertino and should Highway 85 be extended and this property sepsrated from the City, Couocil will then consider deannexation. ORDINANCES 41. Second reading of Ordinance No. 916: "An Ordinance of the City of Cupertino Amending Planned Development Zoning Ordinance No. 728 Regarding Dwelling Unit Density and Pedestrian Walkways for a 14.3 Acre Parcel Located at the Terminus of Voss Avenue." It was moved by Counc. Meyers, seconded hy Counc. O'Keefe and passed unaoimously to read Ordinance No. 916 by title only and the Mayors' reading to constitute t~e second reading. CC-450 Page 9 Restructuring of ICC Ex¡>re3s con- cern to legis- lators Peat ,MarwiC'k" Mitchell to be '79 auditors Report ac- cepted No action re Barristers Club Deannexa t ion denied Second read ing of Ord. No. 916 CC-4'1O .e.¡o Ord. No. 916 enacted Election of Counc 11 of- fleers . . . ..'I;~ .1, '.,' MINUTES OF THE FEBRUARY 20, 1979, CITY COUNCIL HERTING It was moved by Counc. Meyers, seconded by COUDC. Rolers and pused unanimously to enact Ordinance No. 916. RESOLUTIONS 42. None NON-AGENDA BUSINESS 43. Recognition by Mayor of s;>ecial requests. (s) General Audience - None (b) City Council - Mayor Jackson requested that the selection of new Council officers be placed on the agenda of the Marr.h 5, 1979 Council meeting. ADJOURNMENT Mayor Jackson adjourned the meeting at 11:45 p.m. æ~:o