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