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CC 08-07-78 . 't~"",':~'t1~',!'~','~X"'r"l':")fr'~"~~~~~,~.~~,,,·~',~'.~ ~~::!:,:?.. ',- - ._..,~ CITY OF CUPERTINO, STATE OF CALIFOIlNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF TIlE REGULAl MBàTlIfC OF 'lBB CITY COOMCIL IŒLD OM ADGUST 7. 1978, 1tf 'lBB COtJRClL CØAKBU, CITf HALL CUPEI'lIlIO, CALIPORNIA Mayor Jackson called the meeting to order at 7:35 p.lI. in the Council Chamber of City Hall. SALUTE TO TIlE FLAG A moment of silence vas observed in lIIe,lOry of Pope PauL ROLL CALL Council Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson Staff Present: City Manager Quinlan Deputy City Clerk Cornel1us Assistant Planning Director Cowan Director of Public Worku Viskovich Director of Parks and R~creation Butler City Attorney Adsms (7:40 p.III.) Ada1nistrative Services Officer Brown (7:40 p.m.) . CONSENT CALENDAR . At the request of Counc. O'Keefe, itellls 17 and 18 were removed from the Consent Calendar. It was moved by Counc. Sparks, seconåed by Counc. O'Keefe and passed unan imously to approve the remainder of the Consent Calendar. 1. l\esolution No. 4760: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount~ and frOD the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending July 17, 1978." 2. Resolution No. 4761: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in he Amounts anå from t~e Funds as Hereinafter Described for Sal~ries and Wages for the Payroll Period Ending July 18, 1970." 3. Resolution No. 4763: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending July 24, 1978." 4. Resolution No. 4765: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the ~~ounts and frOll the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending August 1, 1918." Cc-429 Page 1 Items re- moved Calendar approved I CC-429 lie 2 . . .~·"7~·.~,'~r~'~-"'.!,I::~~J:.,~~\~.....~ ",' 10.. 'r~~"4,.·-~~"¥,·,~",,,,,,'S.,~;,~,:~,_~,,,~y~:·. \.....:<t'_~~,·.~¡r5~~;;"<·"·"~ ~..' ',,,:,,~.,, '", ~:¡:::t~..:<." '>'.'"".",¡.,, :.>':>..'.,....,«,~...,;~¿...._"'¡ .c.,':.'~' .' >"-',"">, MINUTES OF THE AUGUST 7, 1978, CITY COUNCIL KBBTlNG 5. Resolution No. 4764: "A IIesolution of the City Council of the City of Cupertino Allowing Certain Claims aDd "-~"". Payaltl. in the Amounts and frOll the Fund. as Hereinafter Describe4, for CeDsra1 aDd Miscellaneous Expenditures for tbe Seven Day Peri04 lDd1Da July 31, 1978." 6. Resolution No. 4772: "A Resolution of the City Council of the City of Cupertino Approvina the Parcel Kap of Property Located et the North- east Comer of Foothill Boulevard and Palll AftUue; )¡veloper, Maxine nru-.od; and Authorizing the City Engineer to Sign the Parcel Hap." 7. Resolutior. No. 4773: "A IIesolution of the City Council of the City of Cupertino Approvin¡r Contract Chanae Order No. 1 for Traffic Signal Controllers and Cabinets, Project 78-8." 8. Resolution ~Io. 4304.31: "A Resolution of the City Council of the City of Cupertino Approving Contract Chanae Order No. 8 for North De ADza Boulevard Assessme!lt District Project 76-14." 9. Resolution No. 3873.33: "A Resolution of tbe City Council of the City of Cupertino Approving Contract Chanae Order No. 6 for Vallco Park Assessment District 1974-2." 10. Re..olution ",.,. 4i74: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Corporation Yard Project, DPW 78-Gl, EDA 07-51-21353, Contract No. 14, Genera'.." ll. Resolution No. 4775: "A Resolution of the City Council of the ';!ty of Cupertino Approving the Final Map and IlIIprovement Plans of Tròct No. 6190 Located on Foothill Boulevard at Alpine Drive; Developer, ~AS Homes, Inc.; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authori:l:ina the Execution of Agreement in Connection Therewith." 12. Resolution No. 4776: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of Property Located on the Southeast Corner of Stevens Creek Boulevard and Portal Avenu,,; Developer, Orchard Valley Partnership; and Authorizing the City Engineer to Sign the Parcel Map." 1'. Resolution No. 4777: "A Resolution of the City Council of the City of Cupe~tino Approving the Parcel Map cf Property Located along Santa Clara Avenue; Developer, Santa Clara Avenue Associates; and Au~horiz!ng the City Engin"er to Sign the Parcel Map." 14. Resolution No. 4767: "A Resolution of the City Council of the City of Cupertino Adopting a Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Association." 15. Resolution No. 4768: "A Resolution of the City Council of the City of Cupertino Amendinó the Rules of Conditions of Employment." .... '-.. ":""~"<:'~--':-,~'.:J/":"!r¡;.:r:':"".'::;?:--":'--'->'":>;'''''~....' ""'JS:II~~. .. ~ ~"<It;"'r,!'~"(~. . --,' -- ",-";j'< .,.""...,..~.,._,:~:.<."r:f;';:' ':;"'. ,.,.",~ r: HINUTES OF TII!' AUGUST 7, 1978, CITY COUNCIL ilEBTlNG · 16. Resolution No. 4769: "A Resolution of the City Council of the City of Cupertino Aaending Policy Nllllbar Seven (Ro. 7) of the KalU'a_t Compens!ition Program." 17 . Removed 18. Removed 19. Resolution No. 4770: "A Resolutioo of tha City Council of the City of Cupertino Fixing the Employers' Contdbution Under the Meyers- Geddes State Elllployee's Madical and Hospital Care Act." 20. Acceptance of municipal illlprovements: (a) BAS Homes, Tract 58~8 (b) Marianist - Alcalde Road (c) Tract 5698, Lazaneo Lrive, May Investment Co. 21. Acceptance oÎ City project performed under contract: (a) Monta Vista Park - Voss Avenue IlIIproved · 22. Application HC-5I,296.ll - Home Federal Savings & Loan Associations re quest1n~ approval of site, architecture, landscaping, lighting and signin~ for a financial building at the northeast c~rner of Bandley Avenue and Stevens Creek Boulevard. Recommended for approval. 23. Application HC-5l,OI7.3 - Sunny View Lutheran HOllie requesting final approval of landscaping and signina for a senior citizens housing project located eaaterly of and adjacent to Foothill Boulevard and Cupertino Road. Rec01llli1ended for approval. 24. Minutes of adjourned regular mr..ting of July 13, 197e. (CC-426) 25. Minutes of regular meeting of July 17, 1978. (CC-427) 26. Minutes of adjourned regular meeting of July 18, 1978. (CC-428) Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keefe, Rogers, Sparks, Jackson None None None ORAL COMMUNICATIONS · By consensus CO;JncH, at the request of Hr. WID. E. Bell. tvok Item 56 out of order and as an oral communication. Mr. Bell presented Council wit~ a petition requesting that no further City staff and Council tillle be spent considering proposed road assessment districts through Regnart Canyon. He also told Council the petition had --.,- "', ,~ CC-429 Paae 3 IteL1 taken out of order Request for no further action re Regnart AD ...-..<, ~'.,"" CC-429 p. 4 . Petition accepted' Item 53 re- moved, to be rescheduled Adjourned meeting 8/8 . 3-Z-78 and l-U-78 re- moved at request of applicant . '. "."''''.,,!if., ~~""~"~'1' . ....:' ";'¡". ..:'f'~".\,rT..", .:~·',··'r,~ .~-(,.:~,_ r,,, ',' . '_;;"~: ~i<:i; .. ,," >" MINUTES OF THE AUGUST 7, 1978, CI'iY COUIIClL MEJ.TING 87 signatures and he would, at a later date. pre...ent Counel1 with .re. It was lDOVed by Coune. Sparks, seconded bJ Counc. O'J[eef. aDd pa..ed 1111811- imously to accept petition. It was moved by Counc. Sparks, seconded by Coune. Meyers and passed uuan- imously to remove Ita 53 frOll the agenda at the request of Dr. Werren of the De Anza History Center. It will be reac:heduled 'It a later date. Kayor J..dtSon announced that becAuse of the conaiderable lenath of the agenda Items 47 thrcugh 72 would be considered at an adjourned meeting on Tuesday, August 8. 1978. PUBLIC HEARINGS 28. Application 3-Z-78 of Domus Development Corporation: Rezoning 1.79 acres from Rl (Residential, single-feaily) and R3 (Residential, multi- family) to P (Planned Development with single-family residential cluster intent) zone. Said property is lo~~t~J adjacent to and northerly of Stevens Creek Boulevard approximately 100 ft. east of Randy Lane. Recommended for approval. (continued frOll lDI!eting of July 17, 1978) (Request frOll applicant for withdrawal) (.,) First reading of Ordinance Ro. 8;'5! "An Ordinance of the City of Cupertino Amending Section 1 of O1:di::..nce No. 2 by Rezoning 1.79 Acres from Rl and R3 to P; 1.oc',ated Adjace.tt to and Northerly of Stevens Creek Boulevard Approx1mately 100 Ft. East of Randy Lane." PLANNING APPLICATIONS 36. Application l-U-78 of Domus DeveloPIIIeDt Corporation: Use Permit to construct 21 townhouses. Said property is located adjacent to and northerly of Stevens Creek Boulevard approximately 100 ft. east of Ran1y Lane. Recommended for approval (continued from meeting of July 17, 1978) (Request from applicant for withdrawal) It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- imously that Itellls 28 and 36 be removeõ frOll the agenda at the request of the applicant. PUBLIC HEARINGS (continued) 29. Public hearing OJ report and assessment of abatement of weeds within the City. (a) Resolutioll No. 4762: "A Resolution of the City Council of the City of Cupertino froviding for Lien Assessments and for tr.e Collection of Same Resulting from the Abatem~nt of Public Nuisances.. 'J · · · .",~,.. '''~;!'.--'''''-:-' ~.""~:~ ~~"'" - ,~'- . .,. ,',;ê " ,J, ."" , MINUTES OF nil. AUCUET 7, 1978, CITY COUNCIL MDTIlIG . It was IIOved by Counc. Sparks, seconded by Counc, lIIJen and pallid unm- imouøly to cloae the public hearina. It was IIOved by Counc. Heyers, seconded hy Counc. Sparks and passed unan- imously to adopt Resolution No. ~762. 30. Input regarding the potentiel openina of Luanen Drive. After a presentation by Public Works Director Viekovich and questions directed to him by Council, Mayor Jackson opened the public hearing. Am.:mg those requesting Council to open Lazaneo Drive were Joyce Kahon,'y Friend, 10439 Cherry Tree Lane; Sam Marquese, 10572 Randy Lane; Juanit~ Limon, Apple Tree Lane. Addressing Council, requestina either Mariani/Merritt or Lazaneo be opened w<!re Mr. Moody, 10385 Prune Tree Lane; Mr. Overton, 10386 Prune Tree Lane; Vince Kemble, 10601 Larry Way; Henry Metcalf, Larry Way. Requesting that Mariani be opened were Harry Johnson, 10151 Kariani Drive; Peggy Schiffiman, 10133 Parish Place; Reed Stone, 10181 Parish Place. A presentation was made by area residents requesting that Lazaneo remaine closed. Among th0ge speaking were John McWi'¡gin, 10163 Kiner Place; Jill Langonak, 10164 Kiner Place; Lynn Gillette, l0305 Virginia Swan Place; Herman Bruder, 10183 Parish Place, President, Cupertino Village Home- owners Assocatioc; Mr. Bruder presented Council with a petition that Lazaneo not be opened. Also speaking against the opening of Lazaneo Drive were Bob Wallace, 10121 Parish Place; Wm. Weil, owner, Do-nut Wheel. Mr. Daryl L. Cram of the Cupertino Union School Distr: ct requested that both Mariani and Lazaneo be opened. Also speaking in favor of this vere Vince Nefly, 10223 Parlette; Mr. Floyd Meyer, 10486 W,st Acres Drive. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to close the public hearing. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with Counc. Rogers and Cour.c. O'Keefe dissenting for Council to reiterate its position that La~aneo will be opened to De Aoza Boulevard and Mariani will remain closed. Staff, working with representatives from Lazaneo Drive and the Cupertino Union School District, will present, within 30 days, a report to Council pertaining to sidewalks, stop signs, no left turns. metering of left turns, possible moving of school district buildin no parking. type of barric~de, elimination of blind spots and other ideas for safety along L.zaner Drive. RECESS: 10:05-10:25 p.m. ~'(". " /'t\ CC'.-1029 Pa¡¡e 5 Public hear- ina closed Res. No. 4762 adopted Public hear- ing opened Request to open Lazaneo Karianil Merritt or Lazaneo requests; Mariani re- quests Requests to keep I.azaneo closed Requests that both Lazaneo and Mariani be orened; pub- lic hearing closed; Council position reiterated; Staff to report re safety .2: . '~~~"1I.,~:~,~~:~~~.t;<~q:,¡:¡~.n;.. ~'.~.:...~:':.::t;.~_..,,?~~~~..~J""'~' . ",' "__;'" ,., , ->:." ' ,'''".-', " '. ' ,.'~, ....", ' '.'. ",tt ,,',~ MINUTES OF THE AUCUST 7, 197&, CITY COUNCIL MDrtNG 31. Application 9-Z-7f of BAS UIIM., Inc.: '"lOlling approxilllatel)' n.I,! . acrea frea Santa Clara County U-10 (.ingle-faa11y raaidential 10.000 sq. ft. .tnt.... lot oi..) lonina diatrict to City of Cupertino P (Plaaned Development with aingla-faai1y reaidential and quaai-public use intent) zone and EHV1I1O!11ŒNTAL REVIEWI The p1aanina Coaaia8ion recOØllllenda the granting of a Negative Declaration. Said property ia located on the westerly side of Foothill Boulevard approximately 150 ft. southerly of Poppy Drive ~iately 0pp08ite of the ~tersectioo of Salem Drive. RccO!llllM!11ded for denial. Petition for development Petition re extension of English Oak Larger lots swsted (a) First reading of Ordinance No. 8871 "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No.2 by Prezoning Ap- proximately 15.4~ Acre8 from Santa Clara County Rl-IO Zoning District to City of Cupertino P Zone; lÞcated on the Westerly Side of Foothill Boulevard Approximately 150 Pt. ~outherly of Poppy Drive Immediately Opposite of the Interaection of Salelll Drive. It PLANNING APPLICATIONS (continued) 37. Applications 12-TM-78 and 6-U-78 of B.A.S. qomes, tnc.: Tentative Map to subdivide said property into 31 single-family lots ranging in size from 6,000 to 26,000 sq. ft. and two lots consisting of a total of approx- imately 6.4 net acres; Use Permit to construct 31 single-family homes and conceptual approval for future location of .eligious facilities on the easterly portion of the aite containing approximately 6.4 net acres; and ENVIRONMENTAL REVIEW: The Planning Commission recommends the gran;ing of a Negative Declaration. Said property is located on the westerly side of Foothill Boulevard approximatdy 150 ft. soud",r- ly of Poppy Drive immediately opposite of the intersection of Salem Drive. Recommended for denial. Presentations were made by Assistant Planning Director Cowan and Director of Public Works Viskovich. Mike Meyer, a representative from B.A.S. Homes, showed slid~s of the area of the proposed development. Mary McGuinness, 22679 Weeping Oak Court, presented a petition signed by those living ill homes facing the property for the proposed development. Aleen S. Plagge, 22754 Majestic Oak. presented a petition against extending English Oak to Salem Way. Others expressing concerns were Roberta Garlich, Spanish Oak Court; a'Patti Brisco, Monta Vista; Marie Foulkes, Weeping üak Court; Hal Haulk, 2241 Santa Paula. Council agreed that major concerns were tcaff~~ circulation and the high density in one section of the proposed development. They suggested 7,000- 7,500 sq. ft. rather than 6,000 sq. ft. for minimum size lots. · · · '.'"';'~" ~. ~'-~~"7¥~!'!'··);<"'7."~" _......,.'T.<";-,'~~~"..,.'-:""r'~; . .,.,"'...,,;'"",'!'!":r.......,...,','..-:-c..'.. KtNUTES OF nŒ AUGUST 7, 1976, CtTY COUNCIL MEETING It was IIIOved by Counc. Meyers, aeconded by Counc. Sparks and pa... unan- . imously to reaffirm Plamda¡ Comisaion'. denial of the appl1catiOll8. . At 11:40 p.III., the Kayor adjourned the lIIeeting to 7:30 p..., Auaust 8, 1978. ¡;¿~r:2L.:- Dep y City C k CC-429 Page 7 Applications 9-Z-78 and 12-TK-78 denied "'---_.---_._~,'.__.'., ,. ."'"....~_:.,~--~.. ""~~-~.,...,