CC 04-15-74
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cm or CUPERtINO, STATE 0/ CALIFORNIA
10300 Torre Avenue. Cuper~1no. California 95014
Telephone: 252~505
CC-207
Page 1
1UIIU'1£S 01 THE I!QIUI. HEEl'IlCG OF THE cm OOURCIL
BILD (It APJ.IL IS, 1974 U TØ£ COUNCIL CIW!lIEll, CITY HALL
wrudllCO. CALIFORNIA
SAUJrE to T8I FlAG
Mayor Sparu called ebe _eiDg eo order at 7:38 P.M. vieh the
Salute ~o the Flag.
ROLL CAU
Counc. present:
Counc. absent:
Frolich. Jackson, Heyers, Sellis, Mayor Sparks
IIone
Staff present:
City Manager Quinlan
Director of Administrative Services Ryder
Assistant City Attorney Kilian
Director of Planning and D~velopMent SisK
Director of Public Works Viskuvich
Direc~or of Parks and Recreation ~utler
Ml!mTES OF PREVIOUS !ŒETI~GS
1. Approval of Minutes of Adjourned Regular Meeting April 3, 1974
Koved by Counc. Heyers, seconded by Counc. Jackson to approve the
Minbles of April 3, 1974 as written.
Kotion carried, 5-0
2. Approval of Kinu~es of Regular ~;eeting April I, 1974.
Page 5, first paragraph under Item 5 B, next to the last line:
Add "Lots 2, 3,4, 13 and 14" instead of just 13, 14 and 3.
SlIIIte page, next to the last paragraph, third line: Delete "traded
and replace with "acquired".
Page 8, last h t ion on the page, third line: Delete ''In'' and
replace with "on".
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lIUTES OF APIlIL IS, 1974 JŒQJLAIl CITY COUNCIL MEErI!I\i
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J.,"';
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ale 9, second paraa:rapb aDder n.. 9: Deleee the phrase "l8-years-or-
U.r requir_nt" a_ replKe vieh "requirement tbae ehe'lOrlters in
fireworu aua4".
.. ll, the WIOUOD jasc above IØV BUSIlCESS: Add "for 1973-74" jue
tar "Capital Iaprow-.ata Prop'aa".
Ie 16, first .otiOD sbontd read: ''Moved by Counc. Jackl101l, seconded by
DC. NelUs thee a~øri.DC proclamations alone _'e clean up the
iner; citizens of CupeRiDo should encourage adopUon of 38 594 and
Id encourale stwlies of ehe probl..."
age 16, i~ea 30, _eion should be amended to read: ".. .that Mayor
Sparks recOllllleDd to the Io~er-city Council that Kr. Lewis...."
paragraph: Chao Ie "bus leaks" to ''bus routes".
Page 17, item 32: Delete "The PPC reaffirmed its policy for the
Stevens Canyon area." and add under Hillside Subcommittee of PPC
report: "The Hillside Sul><:om::ittee reaffirmed its poUcy for the
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Stevens Canyon arp.a.
Page 17, ito<m 33, line 5: Change "Drug abusers" to "Drug users".
Koved by C~unc. Jackson. seconded by Counc. Meyers to approve the
Minutes of April 1. 19ï4, as ~ended.
Motion carried, 5-0
COMMUNICATIONS
3. Written
A. Letter from David and Beverly Dyc recommending Council action
on stoppinv. of further destructIon to trees during development
of property and for stronger enforcement of perDit restrictions
before accidents happen.
B. Submission of a resolution by the CIty of ChIno concernIng the
need for State tax rellef to implement the Conservation and
Open Space Elements of General Plans and requesting simIlar
actIon by the City of Cupertino.
C. ~otlce of CGuncil reorganIzation for Cities of Horgan Hill and
California City.
D. Letter of explanation from Senator Tunney as to his reasons for
his vote on ~be bill to provide overtIme requirements for Public
Safety Faployees.
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HlIIUTES OF APIlIL 15, 1974 REGULAR CITY COUNCIL KEErlNC
I. Suuestion fro. Patti Brisco as to potential uses of the
Borse lancb faciliCy.
r. Eltpression of a~eciation from Station KQED on the City's
support '!or that suUn during its Pledle Veek.
G. Advice from Monte Vista Paint and RaTdvare that the scheduled
bot air balloon _e v1ll not take place as previously plann
H. Notice from Sao J_ I:ater Works of the inclusion of certain
properties within eheir service boundaries.
I. Notice from Southern Pacific Communications Company relating
to an amendment to its application for a use permit for a
microwave relay st!:ion.
The Clty Clerk stated that the remainder of the written communi-
cations were related to agenda items.
Counc. Jackson asked that the letter from Mr. & Mrs. Dye be
referred to the staff. We are in the process of preparing a
Tree Ordinance.
In regard to the resolution by the City of Chino, Counc. Meyers
saId the Hillside Subcommittee is studyIng the need for tax
relIef. He felt it would be well worth it for the CIty of
Cupertino to endorse such a resolution. Counc. Jackson would
also like to express Cupertino's concern about this to ABAG and
to the League of California Cities.
Counc. Sellis said she vas not quite sure at what level we s~ould
attack this problem.
Counc; Frolich believes some remedial action is necessary on
assessment practices.
The City Mana&~r said DOre restrIctive guidance is needed for the
ass essors.
Hoved by Counc. Heyers, seconded by Counc. Frolich to request the
staff to submit to the League of California Cities. to ABAG, and
to appropriate legislators a request for aggressive action for
legislation on State tax relief to loplement the ConservatIon and
Open Space Elements of the General Plan.
MotIon carried, 5-0
CC-207
Page 3
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Tax relief
recomcendatJc
::-207
e 4
Ipert ino' s
!sponsioility
; ;':es t r Id¡;e
:rcets under
::1:f study
!n iflcate to
~ to Chris
.plnosa
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HlllUTES OF APRn. 15, 1974 UGULAll CITY COUNCn. HEErI1fG
IIoved by Counc. ho1kb, uc;0Dðe4 by CouDC. JacUon to nce1ve and fUe
tile written c._ '''''cCjoao
,
IIoUon carded, s-o
4. Oral
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Mary P. Beao, 1"\43 Mador Oak Court, Cupertino, _nted to address the
_tter of the Ciey's parkins resulatiODs, Her specific problem vas
that they are DOV a three-car family by necessity and it is physically
impossible to have all ehree cars in their garage and driveway, She
asked for an interpretaeion of CupertIno's Vehicle Code. She would
also like to know ~he City's position as to speed inhibi~ing bumps 00
the travel ways. It was noted that she lives tn Westridge, which was
built with private streets. Since then, an arrangement has been made
with the City of Cupertino.
After dIscussion, it was moved by Counc. Frolich. seconded by
Counc. Nellis to refer the above matter to the staff for the purpose
of further study.
Motion carried, 5-0
A. Presentation by Chris Espinosa on his First Place Award
(8th grade) at Santa Clara County ScIence FaIr on
Transportation Plan for CupertIno.
Chris Espin03a officially presented to the City of Cupertino his ideas
on possibIlities for public transportation In the area. He offered to
loan hIs display to the City for a reasonable length of time.
Moved by Counc. Jackson. seconded by Counc. Nellis to commend ChrIs
Espinosa for a job well done and to present him wIth a CertIficate.
Motion carried. 5-0
Counc. Frolich invited ChrIs Espinosa to make hIs presentation to the
County Transit Commission.
B. Request by Councilmen for removal of iteGS from Consent
Calendar.
There were none.
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KIlIUTES OF APRIL 15, 1914 aECULA1l CITY COUNCIL MEETING
CC-207
Page 5
PUBLIC BEAlUNGS
S. Appl1c:atiOD 3-1-74 of Vista Construction Company (Radin ,
MacDonald Eneerpd....): Rezoning 1.65 acres frena 1.1-10
(lIesidenUal, 81DSle-faaUy, 10,000 sq, ft. per dvelllna unit)
aDd .93 aère lras CG (General Commercial) (!ntert. Zone); eota
'size of said property is 2.58 acres, to P (Plannp~ Devel~pment
vith single-faaily, r..identiø1, cluster intent) zone. !;a1d
property is locaeed westerly and adjacent to Vista Drive
beginninl 260 feee DOnh of Stevens Creek Blvd. Rec:ommenc1ed
for approval.
Moved by Counc. Jackson. seconded by Counc. Frolich to combine
this public hearing vith Agenda Item 8 C.
Motion carried, 5-0
8. C.
ApplicatIon 2-V-74 of Vista Construction Company (Radin &
MacDonald Enterprises): Variance to reduce the required
property size for planned development zone from fifteen
acres ~o 2.58 acres. Said propcrty is locatr~ westerly
and adjacent to Vista Drive beblnning 260 'eet north of
Stevens Creek Blvd. Recommended for approval.
The Planning Dlr~ctor reviewed the proposal, He said the recent
General Plan Amendment reflects 4 - 7.6 units per acre for this
area. One major unresolved Issue here is the question of the
extensIon of Torre Avenue northerly of Stevens Creek Blvd. The
applicant has asked the PlannIng Commission for permission to
come to the City Council with alternate proposals, one with and
one without Torre Avenue. The variance request is for permission
to allow a planned developcent on less than fifteen acres. The
original rationale for the fifteen-acre minimum was that if the
planned development is too small it would not be possible to
develop the amenities.
Counc. Jackson waoted ~o know what studIes have been conducted in
recent years 00 planned developments and what the inherent problem
are.
Counc. Frolich said tbe original thinking on "cluster" did not
concern size. The original Planned Development Ordinance was to
keep a handle on development of a mixture of uses.
The City Manager, in answer to Counc. Frolich's question, said
the cross-section of private streets in this type of development
have been made t? City standards.
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ES or APIlIL 15,1974 --.... CITY COUIICIL MEEtING
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r Sparks said ebat ODe ... tile pr,oblas that baa arinD in this type
cI"elo~t is ebe leek ... pla.. for ehe people to park ~..
ru frœ' the applic8n& ~rn auclieDce vere requeaeed.
. Karty Bess, of Dick ~. _ ,Ia Office, 10211 Bubb 10", eu.,eltinO.
eed that they bailc tbII 28 'P.,.-Ie Monec1a1re that baa been operatinl
_e four years, Aboa& die ODly place in this plan were y- could
pat traUer or caper .,rr.. ~cI be io back of the ~ol pool,
ich they would not 111te £0 do. The prales are 20 x 23 a_ have
pUle door opeoers. They ~cI prefer that the homeovnera DOt be
alloved to keep trailera here because it vill detract frOlD the open
crean area. He said ebe .s-iey ioclud1Dg Torl'e Avenue extension is
6.4 and is 6.9 without Ie.
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The Planning Director offered the suggestion that the secortd readiog
of the ordinance could be 4AùLayed uotil the plan line for Torre is
resolved.
Since there ".ere no more c__ents from the audle..c~, it vas t:>?ved by
Counc. ¡¡"llis, seconded by Coanc. Jaclrson to close tj,,, p,,:'lic he"ring
on appli~ation 3-Z-74.
MotIon carried, 5-0
Counc. J~~~s~n said he was ~t happy with thIs proposal. He does not
feel stro~glv enough to eoèorse it, but ~ith sone revisions he would
Iso along "ith it. He v;)ul¿ like !:lOre infor::.uion to study 3bout
developl!!ent5 of this size.
-Z-74 a!ad
2-V-74
pproved
Moved by C~u~c. Jackson, seconded by Counc. Frolich to approve
applicatio~ 3-Z-74 and 2~-74.
Motloo carrIed, 5-0
A. Fir~t Re..dlng of Ordi~e So. 629: "An Ordinance of the City of
CupertL~o Amending Section 1 of Ordinance No. 2 by Rezoning Approxi-
mately 1.65 Acres frOB ~-10 (Residential, Single-Famil1. 10,000
Sq. Ft. Per Dwelling U~t) Zone and .93 Acre from CG (General CommercIal)
(Interla Zone) to P (PLanned Development With Slngle-Fa::ily, Resi-
dential, Cluster In~eo:) Zooe; Located Westerly and Adjacent to
VIsta Drive Beginning 260 Feet North of Stevens Creek Blvd."
--read by the City Clerk.
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IlIIlUTES OF APRIL 15, 1974 ~&Jl CITY COUNCIL MEETING
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lIoYed by CouDc. Frolich. rr -'ed by Counc. Jackson to have
Ordinance So. 629 read by dele OSÛ,. and the City Clerk's reaclinl
..11 constitute the Firat_ r·fO\8.
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IIødtia eaøled, 5-0
(1) Resolutloo No. 3640: '"A JI.eaolutioo of the City Council of ehe
City of Cupertino GrødJI8 a Variance to Vista Construction
Company (Radin & ~- 1d Enterprises) to Reduce the Requir~d
Property Size for pi -a Development Zone from Fifteen Acres
to 2.58 Acres. Said Fao,.rCy is Located Westerly and Adjacent
to Vista Drive BegiD.~ 260 Feet North of Stevens Creek
Blvd." - read by ,:he City Clerk.
Moved by C<:ux. Frol1l:'. aeccaded by CO:Jnc. Jackson to adopt
Jl.esoluti.::: Xo. 3640.
Mot~ carried, 5-0
The Sec,,:>: ",,,ding of Ordin.a::ce 629 shall be postp'JDed unt 11 the
Torre AVë::~¿ plan lIne ia reSQlved.
6. Appl:~':::n 10-Z-74 o! ~&::c" Park, Ltd.: Re~oning to change
the ::::¿::~¿d land use ~t~i~ the Vallco Park area as follo~s.
to r::":':ë for the co-..s:=:tion of a re¡:ion:11 shoppi,,~ center:j
22.33 ~~:'s located 0:1 t~e ~esterly side of Wolfe Road s"uther y
of F:¿è'~Y Route 280 a: t:~ intersection of Wolfe Roa~ a~d
Fre~"v ,,~ute 280 aDd froa a planned development zone wi:h
geneu: ~~=ercial use i:l:e:lded to a planned develoFe~t zone I
with .1 :e¡;ional shoppb¡ center comr:lercial use intended; auå
20.3: .1~:i's located = the easterly side of Wolfe Road sC:Jther y
of Fri'~'~Y Route 280 at the intersection of Wolfe Road and
Free~.1Y Ã~ute 280 froa pla::led d~velopment zone wIth l'ght
indus:::.al use intended to a planned develorml'nt zone ".; th a
regi~~: shoppIng ceuter cocmerclal use Intended. Rec~ended
for a,.-::".al.
The CIty C~~,,:il Members agreed with Counc. Frolich that, in the
interest :i :ir:le, thIs agecda it~ should be introduced as briefly
as possi¡':,. There have been nu:oerous hearings on the ""'tter of
~he regie,,,,,,: shopping center. The Planning Direc'or Introduced
the propos.1: and the Planftin& Commission's recommendation. He
answered Coun:. Nellis that the State has revIewed thIs proposal
in depth.
CC-207
Page 7
Ord. 629
First Reading
Res. 364\1
adopted
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OF AnlL 15, 1974 RECULAR CITY COUNCIL MEETING
r_. Jackson wlldered if there vas any advantage to headnl this
.e the Va Pemit review, Be would prefer to vait and have tile
iø1Ci.. plan to review alooll with the rezoa1og.
C - ~ frolich said he doubts that there haa been a rezonina in ebe
C1cy of CuperUno that has been lIOt'e thoroughly explored. He 1IOU14
J.jke co hear trc. Vallco Park if there are any, problems cconected vûh
a delay at th1s poiDt.
t'.-. Nellis wanted to knov, frOlll the City's standpoint and frOlll ehe
"-eloper's standpoint, ¥hat problems might be involved if this
rezoDinl application vere revieved in conjunction with the Use Perait.
Mayor Sparks asked for the comments frnm the applIcant and/or the
aud ieoce,
Hr. Walter Ward, Vallco Park General Manager, said that previously
they have onl~ been able to file for a use permIt when there was ao
underlying zone. It was his understanding that they need the change
10 designatIo" ~n the zoning map before they can file for use permit.
t:nless there '-'1:> soce compelling reason to the contrary, he would
¡>refer to have the rezoning take" care of at this meeting.
~Ayor Sparks ,a:led a recess at 8:58 P.M. to allow the staff to get the
data on the .:~~ule of events for the next several months. the
r:o.:ting recor:v",ed at 9:12 P.M.
IThe Planning D::~etor stated that the use permIt in question would
I" ¡>ro1>ably come òefore the City Council on June 3rd,
Counc. Meyers said that even though he dId not vote for thIs regional
snapping cente:. 1:e did not think it would make any difference if the
zoning were ra:>:ed at thIs meeting.
Co~nc. Nellis s3id It seemed approprIate to hold up the zoning until
the environ:en:al icpact report is completed. She Is partIcularly
concerned about ::oise and air pollutIon. Counc. Heyers said we already
bad an EIR or: tho:>e catters and it is his belief that this EIR will be
related to spe,ifics. Mr. Ward added that there are many legal docu-
Dents prepared regardIng the noise and air factors referred to by
CouDC. NellIs.
A1Joa Dippel, 10402 Somerset Court, CupertIno. "¡as not In favor of
rushing thro~gh this rezoning. She said the one thing that has not
heen considered ~uring thIs publIc hearing is the people ~\o are going
to have to live with this development. If the zoning Is granted at
this hearing it will gl.ve the ~itizens less chance to have anything
to say about the size 'Jf the shopçing center.
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KIlIUTES OF APRIL 15, 1974 REGULAR CITY COUNCIL MEETING
CC-207
Page 9
l8Dcy Sallan, 1014l Bilich Place, Cupertino, said she supported
Cøunc. Jackson's idea of postponing the rezoning. She added that
Coone. Nellis' statements were excellent that some factors were
DOC resolved at the time the cCIDitment. was made to the regional
shopping center. By hearing the tvo issues concurrently, it would
.a11ov for a)re flexIbility.
. AIm Anger. Konta Vista, said she does not think we should rush int
d11s rezoDing. Much tiJ:oe has been spent on it. She would like to
kDov exactly what the CIty has in mind for the core area. She
referred to an article in County Bulletin #72 (February and March)
Counc. Nellis and Meyers said they had read the artIcle and agreed
that it was peorly written and does not represent views of the
CUpertIno City Council.
Moved by c~u~c. ~ellls, seconded by Counc. Frolich to close the
public I."ari~g on application IO-Z-74.
Kotion carrIed, 5-0
Counc. Fr~:ich sta~pd that th~ State requires us to bring our
zoning i~:c cc~f~r.::ance with the General Plan. lie did not believe
the City ..·as rushing into this actIon.
Counc. ~;,,:: is said thi~ i~ t he l.'T~est project so far in the
City of C~,-'r:i~c a,.d it wIll have significant impacts on the City
She was a5~:~~ to have all the information available to her before
making a ~ècisic~: and some of this informatIon will be in the
fO'"':Lhcor.::~g =:I:t.
Counc. Jac;;s.-~ 5J.id that in this case, the Council is being asked
to go in:c a PD zoning wIthout a conceptual plan.
Counc. t!ey¿rs said this action is an attempt to bring the City
into conf~r=a;:~~ with State requirements. lie does not bel teve
~hat It ,..ill e~=it him to any use permit. He noted that the
19ó4 Gen"rai Plan requIres a developclent plan for PD zoning.
The Plannir.~ Dir"etor saId In the past, the PD development plans
presented hav~ been In varyIng degrees of precIseness.
Counc. Sellis ask"d the CIty Attorney what levera!>.e the Council
vIII hav" at US" p"rmlt time If this rezoning is approved at thIs
meeting. P,. Assistant CIty Attorney said the Council has the
optIon t) acc"pt, not accept or ~dify the use permIt. The Counci
is free to Je~y a use permit for a number of reasons; c.g" not
vi..bI.., r.ct ?ra=.rieal, etc. If a number of plans are rejected,
tbe City has the rIght to revIew the zoning.
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~u.s OF APr.:!. :5. 1974 ItEGULAll CITY COUNCIL ME£1'TNG
~ . ..llis saU she .s coøcemed about granting the PI) zoninl to the
em:1re serease at dais tille.
c . Jaeks.J:1 uked the Director of Public Works about the 20+ acres
of Yallco Park :">at IlUSt be IIdcIed to the unco.ntted acres. The
1IJrect.cT anS'-de4 thu the 55 acres referred to io previous _etiogs
_ in fact really 69 acres. Ie vas just a utter of 1IIOre accurate
.s.Uc1øn of tx IN¡t!rties. All the coaputations were made on the
69 acres; therefore, there .s DO chanle in the traffi.: generation
facœr .
CoaDc. Meyers ,~~?Osed ~he first readiog of the ordinance take place
oK this meeti:::g ..x the seconð reading be hdd May 20th.
MaJOr Sparks' :~~~t ~as that if Cupertino is going to have a reg~onal
shopping cen:è: o.~ feels that it has been de~id;!d it should go in
VaL.<:',) Park.
!'.crred toy Coc::::. :: ::i:h, seconded by Counc. ~~yers to approve
ahlication : :-:- -...
A1'::.5 :
~ES:
C("~:·':. :::: :.::t. Meyers. ~.aycr Sparks
Cc~o,. _:""-"", Sellls
~otion carr ed, 3-2
A.
F!:>: ;.>i::::; of Ordinance So. 630: "An O:dinance cf the
C!:... :: : .7<,·oioo Amending Section I of Ordinance No.2 by
Re:.:::-, '7;::ximately 22.33 Acres Fr:n .. Planned D~velopment
Zc::, .,.: :c::.~:.ll C=erc ial Use Inte"d"d tu a Planned Deve Lop-
m,'c.: : :-, .:::', a Regional Shoppln!\ c,,"ter Commercial Use Intended.
L,'::: ~. :- 0"" Westerly Side of Wolfe R03d Southerly of Freeway
Rc;;:, :,: .;: the Intersection of \~olf~ R"ad and Freeway Route
28:: :-c';;:c"imately 20.32 Acres Fro::! a Planned Devel,?ment
Zc:..c.:o. :'i,:'1t Industri.1l Use Intende¿ to a PLanned Develop-
:u{'~: :'-c ..:::-. a Regior.aJ Shopping C.:>ler C"",mercial Use
Ir.:c:,.:. :'s:ned on the Easterly SiJ" d ;",lfe Road Southerly
oi ::¿¿..,' "cut" 230 at the Interse"tion ci Wolfe Road and
Fre"..-,' ;.~~,~ 180." - read by the City Clerk.
Moved b,' C""c.::~~ ~"\'er:¡, sEconded by Coun~. Frùlieh thai. '1rdinance
So. 630 be ~"..~ :. :i:le only, and the City Clerk's reading shall
constitute ::-." :::s: Readmg.
AYES :
JiOES :
Ce;,;:").: _
C,,'"c_~ .
:~olich. Jackson, ~:eyers
'·e:Us, Mayor Sparks
CouDc. Yroli::-. ,'A:'¿ tl.at on thIs tYpe! :not icn there must be 5 votes to
pass. other.:sê :~~ ~ntire ordinance must b~ read.
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Iß!lUTES OF """'!.!L IS, ' 174 IEGDT..Ü CITY COUSCIL MEETUlC
Tb2 motion...s raade by CøIIac. Meyers, sec.:>ndd by Counc.
holicb. to we Ordinance 110. 630 read by tItle only and the
City Clerk's readin¡ shall ~1tuu the First Reading.
HotiøD carried, ~
!loved by c.:.mc. Meyers, Nt DIIe4 by Counc. Jlell1s that the secoad
1&eading of Ordi:lance 6:'0 IbaU DØt be placed on the Calendar uoell
!lay 20, 197:..
AYES:
JIOES :
C~.o:. Jackson, Heyers, 1Iellis
c.-=. Frol1ch, Kayor Sparks
HoUoo carried, 3-2
7. App1~:A:::~ 5-Z-74 of D1tz-Crane: Re':~:~~ 3.4 acres fr~ CG
(Ger.<~~: ;,':::,>rdal) to Cit.. of Cllperti::,' ":-7.S (Rcsi¿e:ltial
sln~~:-:.~::y. 7,500 Sq. Ft. Per Dw~ll:::, ~~it); Prezoni:lg i
acrf'~ :::7.: ::..l;~:'~l Clara Cc.f-.:~.ty Rl-IO (:,~~_.:~~tial. SinglE:-fa~il ,
10,0:,' ':, :-:. !'~r D".'e:::::g i:nit) to C::. ,., Cupertin" Rl-ì.5
(Res::,-'.L. ~insll:-Fa=:::\", 7,SOO Sq. ::. P"r Dwe11inll; L:::t);
and ,''',-- .'.': ,.2 acres :~,,= Santa C1.:,: :.-"ny R3-2.5 (?,e~i-
dcnt:.!~~ ~'._·_::.plc. 2,5&:-: :>G. Ft. Per ~.:t~:~:1~ Unit) to C:ty of
Cupc~,:-: ,:-:.5 (Reside::tia:, Slnr,I,,-:.~::Y, 7,500 Sq. Ft. Pc
INel::"; .:-.:' ?one. 5a:'¿ ?~':'?erty i:,,- :.~_-.!.:t~d at thf! 3c'.J:.h¿i1s
corr:(.: :; :_-~ interse<.:t~:-:: C,;f Foothill ::>.'i. and Stevens Creek
Blyd. :::.¿::-='II.''':,:ded for a?;-T:I....al.
The Plan:-.:-~ :~=¿.:tor referred to his Ar~-:': :~. 1974. memo 0::
~his I>dtt<:. :,:" proposal i~ to cltange Ci::' ,,",J C(Ounty zoning
distrtct~ :: ':-~.5. He th~~ ve~t over thè :~~t3tive map and th~
issues ra::.::~·':' .1: t:ìt' Karch 15. 1974. Planni:-? C..:-r:.mL;sion hearin~.
The Dlre::;~ :: ?>dbJ ic Works ansve.,.ed C(Our.. Jad,son that if t!:"
traffi~ ~~~~~~:i ~t. a t=afi!c signal wil! ~~ i~stalled ~t Fcct~il
Blvd. "n~ ::" ;"~~rtino P.oad. The Plann;"" :'::"ctor assured the
CounciJ ::-,~: ::~~;d~ration ,,111 be gIven t:' 5d';ing of the existing
't:n:es.
~yor Sp~=ii ~sÁ~~ fer COBDer.ts from the a~~:~~~C.
I CC-207
Page 11
Ord. 630
First Readins
,~
I
!
;
¡
1
Ord. ';30 \
Second ReaåinS1
to be on or j
after May 20 ,
..
-
JfiNUnS Of Al'RIL IS, 1974 KECULAR CITY COUNCIL MEErmG
Mr. Moor Illlavala, Saraeop, said he is one of the propeTey _rs
ancI a nFeseotaeive of ehe parcel adjacent to the ~rce1 beinl
CODsidered. Be said there have been extensive hear1Dp OD thia and
there are 110 cOIÇ8ll1Da r_ns why this property shouU be rezoned,
Be said eYeD Consult_Cs Arnold and Levy advised there s~d be
neighborMocl ~.Jrc1al up ehere. When the property 18 devalued ie
will _ that it is worth half as much and it will have a larler
loan on it than it is vo. "th, vhich wnl cause Mr. BUlavala to "valk
avay fr_ it". He added dlae it 18 not desirable eo have residential
along a&ÏD thoroughfares. According to this proposal, his property
would hay.! to open into the back area and be closed off fr01l Stevens
Creek Blvd. He asked the Council to reconsider.
Ha. Ann ~ser, Monta Vista, w3nted to repeat her previous statements
that d~~:~.~ Manta Vista sh.~lrl be upgraded and no other shopping
centers are needed. She believes this proposal is just fine. She
wants t: ~eep the area low density resIdential,
Ha. Pat:, :risco, Orchard Court, Monta Vista, said s~e does not believe
that Ita":"~ the property residenl ial is decreasing its value.
Mr. Bill,."l" co~cluded his state~ents by sayIng he would lIke the City
or the ::'::':::1S to purchase the prop"rty fro", hie wIthout a loss to
hi... ¡.:: ;:,:.~ people are being hurt to have the ir life sa'lings In
proper::. __._ tu have it ¿"""TI zoned.
" d - .
nove .. -,- .. :.;:"..:.
public :-_'d":'Gg.
~ellls. seco:1ded by Coun~. Frolich to close the
Motion carrIed, 5-0
5-Z-74
approved
tbved ~: ::~:1:. Meyers, seconded by Counc. Frolich to approve
a¡>plic.:.: :.:" 5-Z-74.
Xotion carried, 5-0
The City ~:erk read:
(a) FÜ3: R¿3ding of Ordi""...cc No. 631: "An Ordinance of the City of
Cup":::",, AmendIng Sêction 1 of Ordin;,nce No. Z hy Rezc.,in;; Approxl-
Q3r":~ 3.4 Acres Fr~ CG (General Co~crêlal) to CIty of CupertIno
Rl-~.5 (ResIdentIal. 5ingl~-Family, 7,500 Sq. Ft. Per Dwelling Unit);
Pr(::":"~ Approximately 7 Acres from Sanla Clara ~oun'y Rl-lO (Resi-
de,,::,,:. Single-Family, 10,000 Sq. ft. Per D~elling ~nit) to City of
C"r<::b" Rl-7.5 (Resi':ential, Sillgl,,-far.>i~y, 7,500 Sq. Ft. Per
()-..~l::',,;; l:nit); and Pn,zoning Appr,»:i",atdy 1.2 }.r.res From Santa
Cla~" C",unty R3-2.5 ~itesldential, Mllltipl", 2,500 Sq. Ft. Per Dwelling
Unit' r~ City of Cupertino Rl-7.5 (R"sidenrlal, Sinele-Family. 7,500
Sq. ::. Per Dwelling :J"it) Zone; Located at the Southeast Cor'\er of
the :,,:ersection of foo:hill Blvd. and Ste':ens Creek Blvd."
II
f/I
KlNUTES OF AP1UL 15, 1974 REGULAll cm COIJ1(CD. HEEl'IlCG
Hoved by CounC. Jackson, sec0a4ed by CouIIc. 'roUch to bave
Ordinance No, 631 read by title only and ebe City Clerk's reading
shall constituU' ebe First Reading,
Hotioo carried, 5-0
APPLICATIONS
·s. Planning Commission
A. Application 3-·nt-74 of G. C. McKinocy: Tentative Map to
divide 4.05 acres into sixteen single-family residential
lots. Said property is located westerly and ad~acent to
Linda Vista Drive approximately 700 feet southerly of
Hyannisport Drive. Recommended for denial. Appealed by
G. C. McKinney. (Continued from April I, 1974 meeting)
B. Application l-V-74 of G. C. McKinney: Variance to reduce
the lot width requirément for four lots within the pro-
posed subdlvi&ion 3-TM-74. SaId property ~onsists of
4.05 acres located within an Al-43 (Agricuitural/Resi-
dentlal, singlp-family, I-acre lots) zone and located
westerly and adjacent to Linda Vista Drive approximately
700 feet southerly of Hyannisport Drive. R'com~ended for
denIal. Appealed by G. C. McKinney. (Continued from
April 1, 1974 meetl~g)
The Planning Director explained that these applications were
contInued to afford the staff time to re-evaluate the tentative
map and variance with respect primarily to design of the proposal.
He answered Counc. Meyers that houses could probably be designed
that would be in confo~n'e wIth the ordInances.
Counc. Nellis observed that two variances are being requested;
the front setback and reductIon of street wIdth, on the basis that
they can then have another lot. She asked what made this sub-
dIvIsIon different in ~rder that they should allow the street
wIdth varIance. Counc. Jackson said he could see the problem,
with some very long lots and some exIsting, older homes to work
around.
Counc, Meyers noted that this is the last property on Linda Vista
Drive that has to be resolved. Counc. NellIs stated that the
property can be ~eveloped, but the property owner(s) are askIng
for these variaoce£ in order to gain another lot.
Counc. Frolich stated that in the case of curvilInear streets, you
c~n allow less than 7500 sq. ft. lots with homes on them, There
are a number of them in Cupertino.
CC-2\)7
Page 13
Ord. 631
Firat Rea<' ':II
· 3634
opted
-.
II
KllIUTES OF AnIL IS, 1974 1EGULAIl CITY COUNCIL KEETIlCG
Moved by CounC. Heyers, secøøde4 by COUDC. Frolich ~o approve application
1-V-74 ritb the coa4it~ .. eDUII8rateð in ehe rlanøiDI Director's ..-
of April 12, 1974.
AYES :
ROES:
CouIIc. Fr01ich, Jacksou, Key~ra, Nellis, Mayor Sparu
Rone
Hotion carried, 5-0
Koved by COUDC. Frol1ch. seconded by Counc. Jackson to approve application
3-TH-74.vith the 14 standard conditions plus conditions IS through 19
as noted in the PlaoniDI Director's memo of April 12, 1974.
A\"£S :
NOES:
Counc. Frolich, Jackson, Heyers, Nellis, Kayo!" Sparks
None
~tion carried, 5-0
Counc. Jackson noted these are unusual properties and, therefore, this
does not constitute a precedent.
(1) Resolution So. 3634: "A Resolution of the CIty Cour.c11 of the City
of CupertIno Granting a VarIance to G. C, McKinney to Reduce the Lot
Width R~qulrement for Four Lots Within the Proposed SubdivIsion
3-TM-74; Said Property is Located Westerly and Adjacent to Linda
V~sta Drive Approximately 700 Feet Southerly of Hyannisport Drive."
-- read by the City Clerk.
Moved by Counc. Frolich, seconded by Co~nc. Nelli~ to adopt Resolution
No. 3634.
MotIon carried, 5-0
Mayor Sparks called a recess at 10:52 P,~. The meeting reconvened
at 11:04 P.M.
9. Architectural and Site A~proval Committee
A. Application HC-5l,3l8.2 of Fisherman's Village (Alfredo Scardina)
requesting exceptIon to Section 7.021 of the Sign Ordinance to
allow an advertIsing area in eXce s of the allotted square
footage for an existing restaurant located on the south side of
Stevens Creek Blvd. approxImately 200 feet easterly of Blaney
Avenue. Recommended for denial. (Continued from March 4, 1974
meeting. )
·
-
1I111UTES OF APRIL. 15, 1974 IIECIJLAK CITY COUNCIL MEETING
lIoved by Coupc. Heyen, secoadel! by Counc. FroUch to ptlstpone
."licaUon HC-51,318.2 eo the first meeting in Hay..
ØøCiOD carried, 5-4
B. Application HC-SI,002.7 of Ray W. Spaulding requestiDl
spproval of site, architecture, landscaping and gradiDl
for a triplex located OD Lot N in the La Cresta Subdivi-
sion, 10146 ,UpiDe Driye. RecϿended for approval.
Moved by Counc. Nellis. seconded by Counc. Jackson to approve
application HC-5I,002.7.
Motioo carried, 5-0
C. Application HC-51,2~7.4 of Pettibone Signs (Taylor
Properties) requesti~¡ approval of a sign plan for aD
existing real estate cffice located in the Allario
Shopping Center at 1026: Saratoga-Sunn)~ale Road.
RecOlllDended for apprc-.:a:.
Counc. Jackson stated that, a:~r.~gh H-Control recommended
placement of the sIgn below t~e parapet, he ~~uld prefer to have
all the signs placed above t~e ~arapet untIl sc~e future date
when at least two MOre signs are in for approval; at whIch tice
all three could be placed be~o~ :he parapet. Counc. Meyers said
the only pi~blem wIth that ~OU:~ be the additional expense to
the applIcant at a later date. He wondered if the applicant would
be agreeable to thIs.
Mr. Frank E. Sterba, 15855 Poppy Lane, Monte Sereno, with the
Pettibone Sign Company, said t~e applicant would go along with
thIs temporary locatIon.
Hoved by Counc. Jackson, seconded by Counc. Mey!rs to approve
applIcation HC-5l,267.4 with the condItion that the sign Involved
here is to stay above the parapet untIl th~re have been two addi-
tional sign applicatIons approv~d for the same shoppIng center,
at which time all three signs will hang below the parapet.
Motion carried, 5-0
CC-207
Pag" 15
BC-5I,318.2
postpooed eo
June
HC-5I,002.7
approved
HC-5l,267.4
approved
wI cond it Ions
ode 0: Ethics
ostpo::ed
teveos Creek
ridge repair
ark naaiog
Hey accepeed
..
"
lIUTES OF APRIL 15, 1974 JEGULAIt cm COUNCIL HEETIJ(G
D. Application HC-51,148.1 of Lucky Stores, Inc. (GeIIc:o)
requesUns apprøwa1 of .xIif1cation of site, architecture
aad laadscspinC for aD aisUns cOllllercial bulldiDl locUed
at 20745 SteYens Cnek Blvd. Recmsended for apprøval.
Plaoalnl Director offered to shov slides of ebe proposal. The
Council did not think thac ... necessary· at ~his tÚl8. The app11caDt
s compl1meDted on the uPSralina of the plans,
Moved by Counc. Jackson, seconded by Counc. Nellis to approve
applicatioo HC-5I,!48.1.
Motion carried, 5-0
UNFINISHED BUSINESS
10. RevIew and possible adoption of a City of Cupertino Code of Ethics.
(Continued from meeting of March 18, 197..)
Moved by Counc. Jaokson, seconded by Co~nc. Nellis to postpone adoption
of CIty of Cupertino Code of Ethics.
MotIon carried, 5-0
11. Report by DIrector of Pu~lic Works on claIm by Oakdell Ranch
Homeowners Assoc~ation of two potential hazards on the Stevens
Creek Blvd. bridge. (Continued from AprIl 1, 1974 meetIng.)
The Director of Public Woro<s stated that construction 15 takIng place
on that site at this time. ne wil~ come back .0 the Council if additional
funding Is necessary.
12. Presentat!on of report and recommendatIon by Parks and Recreation
CommIssIon on a policy for the naming of CIty parks.
The Parks and Kecreatloo DIrector reviewed de,ails in his April 11, 1974
memo. A discussion foll~ed regarding the pros and cons of naming parks
for lIvIng individuals. Counc. ~ellis belIeves there are a lot of old
familIes In this area thaL could be so honored.
Koved by COUlIC. Nellis, seconded by Counc. Jackson, to accept the submitted
policy for naming parks wIth the change in Policy 1 that the word "shall"
(3 places) shall be changed to ''may'', and ,'Uh the addition of
d) Names wIth historical significance.
Kotion carrIed, 5-0
"
..
-
HlHUTES OF APRIL 15, 1974 REGULAR CITY COUNCIL MEETING
The matter of renaa1Dg Stevens Creek Park V88 beld over to tbe
next regular meetiDl.
13. Keport by Direct« of Public Works OD the status
Improvement Project items in the 1973-74 Budget.
from meeting of April 1, 1974.)
of Capital
(C6ntinued
Koved by Cotlnc. Jackaoo, seconded by Coone. Nellis to accept and
file the report by the Director of Public Works on the "Status of
Capital Improvement Projects for Fiscal Year 1913-74", dated
April 12, 1974.
Motion carried, 5-0
14. Report by Director of Public Works on t:he availabilIty of
pedestrIan access t:hrough the !~cYßY development to the
Horse Ranch. (ContInued from April 1, \974 meetIng.)
Th~ Director of Public Works showed on the screen Alternate A -
Temp~rary Bik~ Lane and Alternate B - Bike Path Adjacent to
McClellan Road. He recocreended Alternate B because It would not
have to be closed when t:he park is closed. It avoIds the <rees,
also. If Alternate B is recommend~d, he also reco~ended a fence
be Installed.
Counc. ~ellis was concerned that the bike lane did not continue
farther along ~cClellan. The Director of Public Works said the
contInuatIon will occur when the haIrpin curve is plan lined.
At the present t:i~, the bridge Is too narrow to accommodate a
bike lane.
Cou~c. ~eyers said he would not like t:o give up che potentIal of
a bike path through the MacKay property.
Counc. Jackson wan~ed ~o make sure no damage is done to those tree
wh~n McClellan Is developed.
Moved b~ Counc. ~ellis. seconded by Counc. Frullch to adopt
Alternate B in t:he Director of Public Works' AprIl 12, 1974 memo
regarding McClellan Road bIke lanes and with the provIsIon that
the existing eas~ment through the MacKay development be maIntained
Motion carried, 5-0
CC-207
Page 17
Renaming of
Steveos Creek
Park postponed
Capit:al Impr01Ì
Report - 1973..,
accepted.
Alt. B
!'.cClellan
Bike path
lope ease::ent
iabU ity
stponed
-
II
HINUTES OF APRIL IS, 1974 llECULAR CITY COUNCIL KEETING
15. "':'Ort by CiCy lfanaler on Santa Clara County Charter Reviev
CoII.iUee aceirie:1e8 and their request for citizen input.
(Continued fr_ Jføch 18, 1974 meet1D&)
Ho9ed by Counc. BelU.., seconded by Counc, Jacltaon to accept ehe
City MaDlller's report.
Motion carried, 5-0
16. Adoption of positlOD statement on proposal for a railroad fro:a
Santa Clara Valley to Santa Cruz. (Continued from Karch IS,
1974 meet1ng.) .
Cruz Kovoo by Counc. Jac"aon, seconded by Counc. Meyers to contioue
thIs matter to the next regular meetIng,
Motion carried. 5-0
17. Report by City Attornp.y as to
maintainiö\g slope easeD!ents.
meetIng.)
the City's Liability for
(Continued from March 18, 1974
The Assistant City Atto"~ey explained that the City Attorney was
not present at this meeting, due to a court case related to
the Crossroads Assessment District. He said he would research
thIs catter by the next meetIng.
Moved by Counc. NellIs, seconded by Counc. Frolich to continue
the CIty Attorney's report regarding the CIty's liability for
maIntaIning slope easements to the next ~egular meeting.
Motion carried, 5-0
NEW BUSINESS
18. Authorization for supplemental appropriation for the Ci~y
Attorney's Office.
The Assistant City Attorney explaIned that 1e~al costs have gone up
considerably lately. but will drop later. A copy of the operating
budget for the City Attorney's Office, July 1, 1973 through April 15,
1974, and a Sumœ3ry of Costs for City Attorney's Office for that same
perIod were attached to the April 10, 1974, memo from the DIrector
of Adml~istrative Services.
"
·
-
HlNUTES OF APRIL 15, 1974 REGULAR CITY COUNCIL KEETDlC
Hoved by CouDc. ho1:û:h, seconded by COIIDC. Jackson to appropriate
fro.. the General Fund U1Iappropriated Surplus the suppl_tal IIIIOIID
of $22,210.00 to the Professional and Specialized Sezvices Account
in the City Attorney'. Badlee.
AYES:
NOES:
C?UDC. hoUch. JacIt8on, Heyers, NeHis, Mayor Sparks
None
Motion carried, 5-0
Moved by Counc. Meyers. seconded by Mayor Sparks to ask the staff
to prepare a report as to wat is covered by the mootbly retainer
issu~ to the City Attorney.
Motion carried, 5-0
l~. Re~~.5t ~y The Cupertino Tournament of Bands, Inc., to h~ld
t~e:r Fourth Annual Tournament of Bands Parade on October 12,
19;¡ .
MOved ~y C0unc. Frolich, seconded DY Coune. Jackson to authori~e
the Cu?<rt:no Tournac£..t Ojf Sands, Inc.. to hold their Fourt',
Annual :~~rnament of ßa~s Parade on October 12, 1974.
Motion carried, 5-0
20. A"ar': of Time Deposits.
Moved ~y ~canc. Meyers, seconded by Counc. NellIs to award the
time dè?~sits pursuant to the recommendation submitted by the
City Treasurer.
AYES:
NOES:
C.:ounc. FroU::h. Jackson, Meyers, Nellis, Mayor Sparks
Scne
Kotion carried, 5-0
21. Co~:irmation of appe41 from admInistratIve order for removal
of accumulatioo,of vehicle parts and schedule of publIc
hearing thereon for property at 10430 South Blaney Avenue.
Per th" recommendatioo of the CIty Manager, it was moved by
Counc. Sellis, seconded by CQunc. Meyers to contInue tc the next
regular neeting the t ,blie hearIng mentioned above.
Kotion carried, 5··0
CC-2(1~
Page 19
Suppler~ntal 81
appropriated ,
City Atty Off:
Report frOl!l
City Attorney
requested
Tournament of
Bands Parade
Oct. 12th
A",ard of tiMe
deposits
Remova~ of
vehicle p¡;rts
hearing
reschedul cd
,
cr.-:07
P.age 20
(h-j. 623
$e,;"nd ~ead1ø&
I
J': ¿. 623
¿:--1.:ted
:::::',e of
: :::~r::ninatioa.
,..:-:.. 618
:C~3~ Reading
:I
-.
..
OF mD. 15, 1974 IEQJLAI. CITY COUNCIL ~ING
_ Second IeadÙII of Ordi..-" ~. 623: "All Ordinance of the City of
Cuperti::lc !lDeDding SeceioD 1 of Ordinance 50. 2 by IlezolliDS Approsi-
..eely 4.QS Acres frQII A1-43 (Asricultural-Residential, SiDp-
Pamily, l-kre Lots) ~ u 0-7.5 (ResIdential, SiDII_P_Uy,
7,500 Sq. Ft. !'er Dwelliø8 Daie) Zone; Located Westerly of and Adjaceae
eo Linda Usn Drive "",,,,,,,,iaateIJ 700 Feet Southerly of ByanDisport
Drive." - read by the C1".:y Clerk.
ed by Ccou:>;:" ~eyers, seco.øded by Counc. Fr"Uch to have Ordinance
~. 623 read ;y title only aød th~ City Clerk's reading shall constitute
rhe Second ~ë>ading.
Motion car~led, 5-0
Moved by C:,,::. :!!e)"ers, secoœed by Counc. :;e:lls to enact Ordinance
So. 623.
Motion ca:~ied, 5-0
t:;xm reque3: :: the Director of Planning and ~¿velopment, since this
is a discri:_::-~r: action O~ ~he part of th¿ ~ity. it was c~~ed
::y Counc. ~r'=5. seconded by Counc. Jacks.:'::, :0 instruct the City
Clerk to f:':, ~ :otice of de:e~inati~n on t~¿ above matter and to
authorize :~¿ ::':y Clerk to ¿o so as standard ?rocedure on all such
;:rojects.
MotIon carried, 5-0
23. First :.¿..¿:'=g of Or¿inance So. 618: "A= 0rdinance of the City of
Cupen:.::: ",'.eaUng Ordi=e 002(0) ar.¿ .~..ading Ordinance No. 002
By Add:':¡: ::'c Classification 'Planned De,'¿lopment Zone'."
(Conti::"".¿ :rca April 1. 1974 meeting.)
Moved by C:~:" Jackso~, sec~ed by Connc. :;¿llis to have Ordinance
So. 618 r.....¿ =: title only ¡.:>d the CIty C1er"'· 3 readIng shall constitute
the First :'~:':'a~.
Mollon car~ied, 5-0
Haved by c--~~. Sell is , secoaded by Counc. Ja:k<o~, to have a revIew of
the proced:,¡r¿3 :et forth in Ordinance ~o. 618, six nonths after its
effect ive .iA:e.
MotIon car~led, )-0
..
..
KDlUTES OF Al'IlIL IS, 1974 REGULAIl CITY COUSClL HEETING
Ø-COntrol ~r S&1lan .. assured by the Council thae ehe
Ø-COnerol CaD look at aøy _ applications prior to the sec:0a4
rudiDl of ~h1s ordiDaDce.
Upon request of the PlaDDJøa Director, It _s moved by CoUIIC.
Bellis, .iJeCooded by CouIlC. .1ackson to set ,'or public hearing OD
. Bay 20, 1974, OrclinaDCes )10. 624, 625 aod 1i:~6.
Motion carried, 5-0
24. First reading of OrdiDance No. 624 and setting of public
hearing :
A. Ordinance No. 624: "An Ordinance of the City 01
C~pertino Amending Chapter 16.32 c: the Municipal Code
Concerning the Cons~ructlon, Ins:allatlon, Repair or
Cteration of s"'ÚlDiog Fools anJ ..':her Pools of Water."
(Continued fr~ April I, 1974 nee:ing.)
...read by the City Clerk.
Moved ~y ~~~c. ~ellis, seconded by Cour.c. Jackson to have
OrdInance ~;c. 624 read by tItle onlv a,,¿ ~~." City Clerk's reading
shall co~s:i:ute the FIrst Reading.
Motion ca~riei, 5-0
25. Firs: ~eajing of Ordinance So. 625 anJ setting of pub~ic
hear i:lg:
A. OrJir~nc~ No. 625: "An Ordinance of the City of
Cu?er:lno ~endlng Chapter 16.2~ 0: the MunIcipal Code
by AdoptIng the 'Cniiorm Plunbi~~ (ode', 1973 EditIon
..:-.: Appropriate ü;ceptions There:o."
(Continued fr~ April 1, 1974 nee:ing.)
...read by the City Clerk
Koved by Counc. Jackson, seconded by Counc. Frol1ch to have
Ordinance So. 625 read by t~tle only ..nd t~e City Clerk's reading
.hall constitute the Firs~ ReadIng.
Hotion carrieJ, 5-0
--- --.--
CC-~"7
Page 21
Hay 20th publ
hearing on
Ord. 624, 625
626
Ord. 624
First Reading
Orå. 625
First Read Ing
· 626
lit .....iD&
Ord, 632 to be
set for public
hearIng
tes. 3638
Jdopted
II II
1IDIVTES OF AnD. 1S, 1974 aEG'ULAR CITY COUNCIL KEETDIG
26. Firu read1D& of OrdllDDCe No. 626 and setting of public IMuiDa:
A. Ordinance 10. 626s "AD Ordinallce of ehe City of Cupertino
MeDdina Cha,Cft 16.24 of tile !ilD1c1pa1 COd. by Adoptinl the
'Un1fora Mec:han1cal Code', 1913 Edition aad Appropriate
E&cepeions Tber_.·
(ContiDued frca Aprtl I, 1974 aeating.)
...read by the City Clerk.
lIoved by Couac. Heyers. secøM",", ~; ~::!nc:. Jackson to have Ordinance
Mo. 626 read by title oaly ,and the City Clerk's reading shall tonstitue.
~be First 1eadina.
Motion carrieù, s-o
27. Firs: r""ding of Or¿ '.Dance No. 632: "An Ordinance Amending the
Cu¡>e:-: ino Munit'ipal COC;~ Reg~lating the Sale of Fireworks WithIn
the C:'ty." --read by the City Clerk.
The Ass:'s:ant City AttoLney explained there has been a new State law
in regô:-" :~ fIre regulatIons. Also, County laws are being brought
into c~~:_r"-ance wIth the State law.
Moved ~y ~~~nc, Nellis. seconded by Ccunc, Jackson to postpone
Ordlna~o= Xo. 632 first reading and ~o set It for Public Hearing.
Motion carried, 5-0
REsOLUT:.::;S
28. /(0. ~Ö3S: "A ResolutiC'n of tho> City Council of the City of
Cupè:-:i~ Allowing Certain Clal:s and De~lnds Payable In the
Aœ_~~:s and from the Funds as Hereinafter Described for Salaries
an.: ..1ges f~'r the Payroll PerIod EndIng April 2, 1974."
...:¿.1j by the City Clerk.
MOved èy :ounc. Jackson. seconded by Ccunc. Frolich to adopt
Reso1u::_~ So. 3638.
AYES:
NOES:
Couoc. Frolich. Jackson, Meyers, NellIs, Kayor Sparks
Sone
Motion carried, s-o
II
-'
IIINtITES OF A."UL J:S, 1974 UGUl.A1l CITY COUNCIL HtETlNG
29. No. 3639: "A Reaolucioa of thl'l City CoIØIC:U of the Cir.y of
Cuper Uno Allov1Dl Cenaill Cla1lu and Deasnds Payable 1D the
ÙODnts and FrOll the Fua4s as Hereinafter Dtosc:r1bed for
General and Hisc:e.Llaøeous Expenditures Period ì!:ndinl April IS,
1974." ~ead by the City Clerk.
Hoved l-y Counc, Frolich, seconded by Counc. Jackson to adopt
Resolution No. 3639.
AYES:
NOES:
Counc, Frolic:h, Jac!t90n, <~eyers, Nellis, Mayor Sparks
None
Motion carriPd, 5-0
30. No. 3609: "A Resolution of the CIty CouncIl of the CIty of
Cupert ino Authorizing Execut Ion of Cooperat ive Agree!!\ent
Between the State of Ca11fornla, Department of Transportation,
and the City of Cupertbo ProvidIng for Ramp Metering at Wolfe
Road and Freeway 280." -- read by the City Clerk.
The Dire~tor of Public ~orks said the State has prepared a report
on ramp cetering. The Agreement has been ~dified to alluw the
City l"f Cup~rt ino to monitor the ra:;¡p ",,'teT ing, year by year. Tho.-
City of Cupertino has the option of abandon;ng the mutual agreemen
Coune. Frolieh said his of posit Ion is not as strung as it was
orIginally, since he has read an In-depth report on the purpose
of ramp ceterlng.
Mr, RonalJ Hig~y. representativ( of the State Division ~f Highway~
answered ~Þe techolcal questIons by Counc. Frolich and Jac~s"n.
It was pointed out that they are studying th" southbound trafi Ie
and hl"pe to have a report coopleted withIn six =onths.
COI.."c. J;ackson ;asked that the words "at least" on line 18, page 3
of the Agu'..eot be stricken.
Koved by Coone. Heyers, seconded by Counc. Jackson to adopt
Resolution So. 3609. with the prov13ion that on page 3, lIne 18
of the Agreeaent. the words "at least" will be stricken.
MotIon carried. 5-0
31. No. 3641: "A Resolution c· .,JL City Council of the City of
wpertino Au,:'orizing the Mayor and th" City Clerk to Exccu,"
an Agr..ement Be"'eeo the City of Cup~rtlno and the City of San
Jose for the Resurf ac ins of a Port Ion of Boll Inger Road,"
...read by the CIty Clerk.
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Page 23
Res. 3639
adopted
Res. 3609
adopted as
IIIO'HUed
. 3641~",
e"'"";,
..,.P ,.'1
...,
'1;
fee ,~
s
. ropriaUìf~~: .'
au. 3642
adopted
les. 3101-58
adopted
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IIIWTES or APUL IS, 1974 If.GIJLAR CITY COUNCIL MEETIlIG
lløved by Coone. ø.,er.. .- c Nded by Coone. Jackson to 8I1opC
aaao1ution 10. 3641.
Motion carried, S-O
Moved by Coanc. Heyen. aecoøded by Coone. Jackso4 to appropriate
$21,650.00 frOll the Gas 'fait l'ullll Section 2106 for the purpose of
an overlay project on .~ Avenue and to complete the ruurfacinS
project on BollinSer 1DaII.
AYES:
HOES 1
Couoc. Frolich, Jacksoo, Meyers, Nellis. Mayor Sparks
NoOoil
Hotion carrIed, 5-0
32. No. 3642: "A Resolutloo of the City Council of the City of
Cupertino DeclarIng Its Tntention to Order Vacation of a Portion
of Palo Vista Road Between Janice Avcnue and Stevens Creek Blvd. and
a Porticn of Bellevue Avenue East of Palo Vista Road as ProvIded In
Sect icn 8320 et seq. of the Streets and ilighways Code of the State
of California, Fixinó Ti1:Ie and Place for PublIc Hearing "I'd Pro-
viding for Notice Thereof." -- read by the City Clerk.
Moved by Ccunc. Frollch. seconded by c.ounc. Jackson to adopt
Resolutior. Xo. 3642.
Hotion carried. 5-0
33. No. 3101-58: "A Rcsclution of the City Council of the CIty of
Cupertino Approving Cr.ange Order Xo. 7 for Crossroads Assessment
District Project Yo. 71-2." .. .read by the CIty Clerk.
Moved by Counc. Jackson. seconded by Counc. Fro1ich to adopt
ResolutIon No. 3101-58.
MotIon carried, 5-0
CœSE~'l' CALENDAR.
34. ResolutIon No. 3643: "A Resolution of the City Council of the
City of Cupertino Accepting Quitclaic Decd and Authorization for
Underground Water !lights from Joseph Adar.o, 21060 Homestead Road,
Parcel C of Parcel Map.-
.
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IWIUtES OF A?3.1t 15, 1974 RECC'w\It CITY COUNCIL MEETING
3S. Designation of week of April 21, 1974, as National CoiD Week
Golden ADniversary.
". Sol1citatioo perait for Ciey of Bope National Had1eal eaaC8r
" fT_ June 6 to June 22, 1974. '
71. Proclaaatioo for month of !fay being Older Americans Jtøoda.
..,ed by Coun-:. Frol1ch, secODded by Counc. Nellis to acWpe che
CaDseot Cal~r.
Motion carried, 5-0
.uORTS FRO~ CíX¡XCIL REPRESEYrATIVES
38. Mayor S;a=~s:
Inter-city Council
Caopòell ~yor Pedgcrsek was appointed to
the Counc 11 seat for U:"CO.
Cou~ilwc~n Alberts ~aS appoint~ to
Santa Clara County ~Ianpower CCT.!CIission.
..In re~ard to the ~eibhled vote, t~e ~dyor
felt t~4t the major it v of cIties s~.ared
Cupertino's thinking.
..The ~jority of the cities felt as Cu?erti 0
does about the dis?~sable bottles issue.
League cf CalIfornia CitIes -- ~o re~rt.
Flood Control AdvIsory CommIttee -- ~~ repor .
39. Mr. Fr::::~:
TransFortation CommissIon
. .The rapid transit developme.lt pro:",ct vas
revi~Jed. A repcr~ ~as given on ~~ they
propose to get citIzen partIcIpation in
transIt. Information will be made ~vail-
able to the Council and will be e~ourag
to participate in this endeavor.
Legislative Review Coomitte~ -- No repor~.
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Page 25
Consent Cal,
adopted
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paae 26
:'
r
.
(.\
Bonae id:
resignat~c:l
LUT~
till
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OF APRIL 15, 1974 JŒœLÄB. CITY COUNCIL MEErDC
40. Mr. Jackson: Aa~~iøI of Bay Area GovenmeDts - Jro _tina·
ttcbaD D L 1 1 . r 1P and Open Spat<e So~ iU.. of PPC
..Tø. _'~ nudY1Da Santa Clua CountJ Urban
~ ....
A1r~ ¡..a Use Subc~ittee
..There _ a presentation at HoUeee ..leU by their
publ1c relaUons expert.
..Coone. .Jackson attended an enviro. -JOe ._ioar.
41. Mr. Heyers: Plaoo1n& Policy COlllllittee -- No _e~1q.
Hillside Subcommittee of PPC -- Meeting April 16th.
.. Will discuss plans and policIes.
Airport Land Use CommissIon -- So report.
Moved by Cc~nc. Jackson. seconded by Counc. ~elli: to a~ce?t, with
regret3, :~¿ reslgnati~ of George Bonacich, and to instruct the
staff to ;",ve a suitable ?laque prepared.
Motion carried, 5-0
42, Mrs, Sellis: Drug A:~se CoordInatIon Commissioc
..A gre.at part of the meeting was spent discussIng
whetber or not a drug progrAn should be refinanced.
..Mrs. Sellis is concerned whether or not she should
be r~;reseoting Cupertino at these =eetings sInce
Keit~ Irvin was appointed by the Ice.
Counc. Frclich requested the staff to obtain copies of SB 1930 and
SCA 44 for revIew by the Leaislatlve Review Committee prior to the
next City C.:>uncil _e~1n&.
fill
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MI\lUTES OF APRIL 15, 1914 JŒGULAR. CITY COUNCIL MEETING
IEPOIIS AND hUIUI'£S
43. PIanniDl c-f..ion
A. Suba1aaiOD of lUJlueee of regular meetiols of
April 8. 1974 aa4 March 25, 1974.
44. Architectural and Site Approval Committee
A. Subm1eslon of Minutes of Adjourned Regular Meeting
of April 4, 1974.
B. Subaission of Minutes of Regular Meeting of April 3, 1974
45. Parks aDd Recreation Commission
A. Submission of ~inutes of regular meeting of
April IO, 1974.
46. äater CommissIon
A. No l118eting scheduled.
47. Library Conmlssicn
A. No l118et1og scheduled.
48. Public Safety ~ission
A. Submission of Minutes of Adjourned Regular Meeting
of April 4. 1974.
REPORTS FROM OFFICEllS
49. City Staff
A. The City Hanager ...nnounced that Miss Kelly Cullen has
been appointed tu the positiop of Coordinator for the
first S~r Teen Employment P~ogram.
Counc. Jac1r.son s.tid the Cupertino Roundup is looking for
space for a coabined location \oilth two County social
vorkers.
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Page 27
SUDlller Teen
F.mployment
Progralll
f
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lank of
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HI!lUTES OF AnIL IS, 1974 DQJI.AJl CITY COUNCIL HEEl'DIG
B. The City..... _ ___ the news _die to ...1aC 1.a diaa..i-
naUDS iDf_"- üout ehe May 4eh rubbiab picbp. They
haÝe ukecI ~.""A1to. Gerbese COIIpany toile .,... 1enine in
their restriaJ.-. The Ciey Manaser .. .......'\W I'eview eh.
vordiDl on tIIIJ'Þ.L tf- for the rubbish pidlap -, CO the
po..ibllityof'¥ IIdnI II1s1eadiDl·
C. The Director of u fftf.~rative Services ('_11e" àcc_eion to
the requese of - '.o-n Bank.
Hoved by COUIIC. Fro11cb. seconded by Counc, Heyers to IZ'-t ehe request
of the Suaitomo Bank eo scale ita hot air ballooo I_h on Hay 30,
1974. io coojunctiOD vida us grand opening.
Hotion carried, 5-0
D. The Direct:>r of Finance announced that the City of Cupertino
has achieved $1 1IÍl1ion in the General Fund; however. some
of that has be4!c e:xpended since the previous Friday.
Counc. ~eyers would like to reconsider the Capital Iøprovements Program.
Tuesday, April 30, 1974. 7:30 P.M. was set as the date and tIme for
intervi~~ing candidates for commission vacancies who had not previously
been i~:ervlewed,
RECOGXITIOX OF NON-AGESDA. ~TEMS BY MAYOR
50. G~~eral Audience R~sts
Hs. An:! Anger,
in the foyer.
new fraJ:!es.
Manta Vis~, asked what happened to Clyde Soel's pIcture
The City ~~~ger said Ray G~een's is also do~~, to get
51. Me::bers of the Ci~y Council
A. In regard to ~be re¡>ort on political signs. Counc. ,Frolich
was under the ~ession that the Sign Ordinance took care
of this problea. I~ was mentioned that the H-control is
studyIng this ~d1nance at the present time.
B. Counc. Nellis said she would lIke to have it noted on the
agenda that one of her duties is Representa~ive on ~he
Environmental ~ev Committee.
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__u.S OF APRIL 15, 1974 ~... cm COlmCIL MEETING
c. Coanc. J.c~ ._VOI tJIaC the ChaIIber of eo-rce aød
Cllpert1Do Jtøo........ v111 Fohebly be . probl.. 1D the new
......e. It :La 1a:La -"øaa41D1 ebae ehere rill be IIDre
CClDttol ._ r~ of repons on bow Cie, IIØDeJ ia
....-4ed .
D. MaJOr Sparks _.. to ~ ehe natus of ehe ceøois cour
1i&bta. The CiC7 --- V- ..id eMs vill come before the
Cley Council _ 1117 2Ckb.
AIUOIJRNMENT
52. Mjouro to Personnel s..si_
no. Hayor adjourned the _t1A¡ to an executive session a~ 11 :50
P.K. for the purpose of discussion of a pIece of property already
discussed by the City Council. ~~ich ..y result in s~e litigation
JIa}lOr Sparks reconvened tbe s:oeet1ng in open session at I :12 A.~.
a:IId 1=ediately thereafter ad;oourned to 7:30 P.~I., April 30, 1974
in the Conference ROO2 of ~be City Hall for the purpose of inter-
viewIng canJ¡dat~s for Co:=issi~ vacancies.
A7Pi.0VED:
la/ Reed Sparks
Jlayor, City of Cupertino
AtTEST:
Isl 9a. E. Ryder
Cley Clerk
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