CC 06-03-74
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CITY OF ct.'PEY.l'lNO, STATE OF c..UlFORNIA
10100 Torre Avenue; Cupert1Do. California 95014
Telephone: 252-4505
HINUTES OF THE IIEœLAR HEETING OF THE CITY COUNCIL
HELD (I( .JUNE 3. 1974 IR THE COUNCIL Cfu\MJlER, CITY HALL
aJPEJaIRO, CALIFORNIA
SALUTE TO THE FLAG
Tbe \:Ieetin¡¡ ,,-as called to order by 118yor Sparks at 7:37 P.'''!. with
the Salute to the Flar.
JI1)LL CALI.
Council Pres~nt:
Frolich, Jackson, ~eycrs, Nellis,
Mayor Sparks
St3ff pT<,<en~:
City YkL~ager Quinlan
Dir(:~tor of MministT~1.tivc Services ~::der
Dírf'c~or of Pl:1nninr & D('v(·lopmcnt Sic;k
Dit'.:t':r of P\lHie ¡;"rk< \'iskovich
Dir~c~Dr of Parks and Recreation Butler
!1I:-''UfF.S t1:" r:,:XHWS ~j-.F.7 L:r;
1. Appt0V.1! of Minutes 0! regular ~cet'n~ of :~y 20, 1974.
"ay,e 3. I:,,> r:tr,,~raph aftt'r sub-item b" ad, tl... It.lIn...!nr;
sentence ~1t th...~ end of t:1(: parav.raph. "It "'-as ~(' ordered.."
Moved by C,'uadlcun ~eyers. seconded I>\" C"uncll"",n Jae¡"son to
approve the ~'lnutes as a..~(.~nded.
Hotlon can:..d, 4-0-1
Councih",n Frolich abstained
cct1MU:;lCATlO~5
2. Written
A. A resronse from Daniel. !oIann, Johnson & ~lendenhall, to an
article appearing in the Kay 24, 1974 53n Jose Mercury News
reRarding deliberation on the proposed Vallco Regional
shopping center.
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KDlUTES 0' TIlE jI¡ 3, 1974 Crn: COUNCIL MEETING
B. An Order to Show Caaae Ke1at1ng to a Preliat.nary IDjunct10n and
Teaporaty Restra10inS Order in the enforcement of the sip
ordinance as it affects tba Piaheraan's Vlllale leataurant.
Moved by Counctlun Jlid':"". seconded by Counctlun Heyer. to receive
and file the vritten~_ -i.....tions.
Motion carried, S-o
3. Presentation of rec:osœt.tion to Hr. Bruce Gossett.
Councilman Frolich read the proclamation for the 4ger Bruce Gossett,
a Cupertino resident. P1c:tures were taken by the Press of Councilman
Frolich, Mr. Gossett, and former Hayor Irwin.
Councilman Meyers would like the City to send a letter of thanks to
De Anza College for the lllagnificant "Li~hter Than Air" day. The
other members of the Council agreed to this.
Councilwoman Nellis wanted to discuss the DHJM letter since she was
not a me:r.ber of the City Council at the time n"got lations were taklnp,
place with the consultants. she is not in:t positio:t to respond to
either the newspapers or the consultants. SOr.1" reference was r.1,~de
to the communication from Assemblyman Vasconcellos re~.]rd Inr. the
region~i shopping center.
PUBLIC HEARINGS
4. Public hearing on Application No. 3-EIR-73. Dr,~'t E·wlrc"n.,ntal
Impact Report. (to be continued to m,'atin~ oflulv .. 1971.)
Mr. Waltar Ward. General ~nager of Vallco Park, said that Bullock's
Department Store has a problem with tlmh~. H" ,;"i.l t't"t there h"ve
been 574 days since the first Use ParMit applicat lor. ,"'.. fiI,,¿. lie
would like some clarification of the tit::e tabl.. thc~ can axpccl and
respectfully asked for anact!:',ent of Ordin,htee 630. He then went
over the modifications they have made in response to encouray,eMent
of the Pbnning COlIII\ission. He said they would Iik., .] speci.]l
meeting with the City Council as soon as possiblé after the June 19th
Planning Commission deliberation.
Mr. Ward quoted newspaper clippings In regard to what is going on in
our neighboring cities. H~ said it is not fair to put Vallco Park .
in the middle of the possibility of a D:U~ conflict of interest.
Although Vallco was required to pay the consultant~ fee, the
consultant was chosen by the City.
MIÑuTES OF TBE4IIt 3, 1974 CITY COUNCIL MfJ:.'TI_
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Councilman Jackson suggested that any questions the City Council
lIIilht have øbou1cI be submitted to the EIR people as soon as
possible and ,OD June 17th the Council will SO aver the EIll.
Moved by ~~D Heyers, seconded by Councilua lTolich to
continue the.. pUblic hearings on application 3-IDt-73 to
June 17, 1974.)
Hation carried, s-o
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S. Application 12-Z-74 of James R. and Susan E. Brady: Pre-
zoning .20 acre from Santa Clara County Rl-10 (Residential,
single-family, 10,000 sq. ft. per dwelling unit) zone to
City of Cupertino Rl-lO (Residential, single-family, lO,OOO
sq. ft. per dwelling unit) zone. Said property is located
westerly of and adjacent to Mira Vista Avenue approximately
85 feet southerly of the intersection 0: Santa Paula Avenue
and ~ira Vista Av(,nue, l0535 IUra Vista Avenue. Recommended
for approval.
Mr. Roy Cook, Saratoga Real Estate broker, quoted the negative
declaration on this application and the statet:1ents nade on the
report by the Environmental Review Committee. He presented a
brief to substantiate hi& protest to this zoning.
Councilman ~eyers said there has been no change in the ordinance
requiring annexation in order to get water service since 1957 or
so. The Director of Public ¡,,,rks said the water meter is instal Ie
and the property mmcr has sign('d a petition for annexation,
Mr. Cook "xplained that he is the defendant along with Frontier
Realtor in a suit fUed againM them.
Moved 1,y Councilwoman Nellis seconded by Councilman Jackson to
close the public hearinl.
Motion carried, 5-0
Councilman Jackson ~ould like to see Mr. Cook's written comments
submitted to the City. He sugp,<,sted going ahead with the first
reading of the ordinance at this meeting and the City Attorney
can review the case prior to the second meeting.
Moved by Councilman Jackson, seconded by CounciJwoman Nellis to
approve application l2-Z-74.
Motion calried, 5-0
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MINUTES OF Tn:: .JUlΠ3. 1974 CITY COUNCIL MEETING
A. rirst readin¡ of Ord1øancé ðo. 640: "An Ordioaoc. of the City
of Cupertino ~1ns' Section 1 of Ordinance Ro. 2 by Pl'ezonina
Approximste11\~20"Aqe froa SÀnta Clara County R1:'I,O (lI.es1dential,
Sin¡le-r..u1íÔ,),.O;oqo,sq. ft.p.r Dwe1lina Unit) Zone tQ City
of CUpert100':I1:o.10 (p~ici..~ ;1al. $iiille-Famlly, 10,000 Sq. Ft.
Per Dwel1in¡Ûítlt) ~' Located Westerly of and Adjacent to
Mira Vista Av~ Approximately 85 feet Southerly of the Inter-
section of Santa Paula AvellUe and Mira Vista AvellUe, 10535
Mira Vista Aveaae." -- Read by the City Clerk
It was moved by Councll_n Jackson to have Ordinance No. 640 read
by title only and the City Clerk's reading shall constitute the
first reading. This motion died for lack of a second.
The Planning Director noted that the ordinance indicates 7,500 sq. ft.
so it will have to be redone. The Director of Public Works will
recheck to see if the Annexation covers both parcels.
Noved by Councilman Jackson, seconded by Councilwoman Nellis to
reconsider application l2-Z-74 and to place it on the next Agenda
for a regular meeting.
Hotion carried, 5-0
I), Public hearing on .'.pplication :/0. l-EIR-7/" Oraft Environrlental
I~pact Report. (continued fro~ meeting of '~~Y 20, 1974) (to be
continued to meeting of June 17, 1974)
}wved by Councilwoman ~ellis, seconded by Councilman Jackson to
continue application nucber l-EIR-74 to June 17, 1974.
Motion carried, 5-0
7. Public hearing on Planned Use Revenue Sharing Funds.
The Finance Director stated the Planned Use Report is due in !{ashtngton
by June 21st for the $64,098.00 in Revenue Sharing. He recOI:'I1Icnded
that the Council use this money tOl/ard the Five Year Capital Improve-
ment Program.
Mayor Sparks asked for comments from the audience. There were none.
Moved by ~ouncilwoman Nellis, seconded by Councilman Jackson to close
the public hearing.
Motion carried, 5-0
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KINUTES OF THE JUNE 3, 1974 CITY COUNCIL tlEETING
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CouncUaan Ke~rs said there have been previous discussions
about allocating some of the Revenue Sharing to the Interconnect
System and there was also cli8cussion 01) Memorial Park developllent.
The bio<elltenn1al celehration is coming up soon. CouncUman
'rolich said he 'vas in ,favor of the Interconnect SystØl.
Hoved by Councilwoman 1Ie11is. seconded by Councilman Jackson tbat
. the Revenue Sharing Fund ~ allocated to the Capital 1aprovemeDt
Program.
Motion carried, 5-0
8. Public hearing for the abatement of a public nuisance
resulting of accumulation of weeds or debris on private
property.
Councilman Jackson asked why we only collect the actual cost on
these items when so much staff time is spent on this huusekeepi~~
item. The 'inance Director said it is true thnt the City has
only recovered the cost of the removal ~f weeds. This has b2e~
the policy in the past.
Moved by Councilman }Ieyers, seconded by Council:nan Jad:scn to
close the public hearing.
Motion carrIed, 5-0
There was a minute order by Councilman Frolich, seconded by
Councilman Jackson to authorize the City tmnagcr to abate suc~
nui"ances as indicated in the previous paragraph.
Motion carried, 5-0
9. Public hearing on Ordinance No. 624, Swimming Pool
Ordinance:
The Assistant City Attorney noted that on pa~e 9, subsection b,
they figure lO days should be enou~h time for the owner to have
the dcfects corrected on his property. He stated another para-·
graph was stricken for the provision of rcstriction of Use p"~¡t
applied for by a developer for another job when he has bee~
negligent about completing previous projects.
.~yor Sparks asked for coacents from the audience. There were
none..
Moved by Councilman Meyers, seconded by Councilwoman Nellis to
close the put-lic hearing.
Motion carried, 5-0
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JmIIJTES OF TIn: JUNE 3, 1914 em COUNCIL MEETŒC
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A., Second reading of OrcIi,u.. - Ro. E24: "An Ordinance of tile
City of ~pertinó ~f.. Chapter 16.32 of the Hunicipal
., Code Caoc:erningtbe eo...4:-...ctiOn, Installation, Rep&Û or
Alteration of SviMq rOots and Other Pools of Water.-
(cOQtillued froalleèUøc of Jfay 20, 1974) - Read by £ÍIe
City Clerk
a,.,ed 1»y Caunc:ilvoaan W_11f_.seeonded by Councilman Jacboo to have
,Ordinance 110. 624 read by title only a"d the City Clerk'. rediae
~ll constitute the sec:õad reading.
Motion carried. 5-0
lIoved by ecu!ldlman Jackson. seconded by Councilm'tn Meyers to
eøact ordinance nlØllber 624.
Motion carried, 5-0
APPLICATI.:'~;S
!c. Plan~:~, l~~~is9{on
A.
::one
121-
I A.
^r~Ì1~:.'.: _ ·:r.ll and Sit~ A;-?:,oval COmMittee
Api'l::::c'!1 IIC-51,OO2.e :>: Jos"ph and C~:,,,¡a Valle re';llesting
appr ':-"0 ,:: .: f site, at"c:-~~ :€''': turc, lanJ~c¿;' :':::~ :lnù grad. ir.? for a
trij":::'x l~·~:\ted on l.et. C" La ':::"~<3ta Su~.:i':::=;ion) Alpine. Dri-¡e.
R~CC7~~~;~J for approv3¡.
; Councl1~:.:~ ~'i'~:~r$ said !1e V~~ :J,ot sure t1ut ~1
I c"uld ¡,,, ::;:,.tructed to City sean:iards. Tho,
re~ponsi::::l::: of the City suif.
7 fe. reåo~od retaining wall
~ill be left a5 a
Moved by C.'\mdlwoman Nellis. seconded by Coundlman Jackson to approve
app11cati~~ "-C-5l,002.8.
Hoeion carri~d. 5-0
B. Appli~3t ,,,n HC-51 .254.2 of Mar ianist Prc\' hee of the Pacific
reque':'~ açprova1 of site, architcctur~. landscaping, grading
and li,:::t lng for a religious and educ.it l.':',11 faci1itv located
adjace::t to and westet'ly of the wegt~rn :,'r::llnus of Merrican
Road. ~econmcnded for 3!,prova 1.
Moved by C:u~cil~n Meyers, seconded by Ccuncil~.n Jackson to approve
applic3t i~~ E'::-5l,254.2.
~tion carried. 5-0
KINtIT r.5
;: ::,,,e 3, 1974 CIty COUNCIL :'ŒDEI'"
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C. Applic"'i;)n HC'-5I,027.14 of James W. Foug and Associates
{Sec~r::y Pacific N&tioaal Bank) requesting approval of site,
archit.-.:ture. land~"", and lrading for a bank facility
louted at tho: nort....t' corner of Pacificr. Drive and
Sarat~-sunnyvale..... 1IeCOllllllended for approval.
Counc1111W! ~yers would J.äe"t~ add to Condition 19, that an
asphalt ~n ¡, QUId be to tJIe aclvantage of the parking. 0
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Moved by C"""c11...n Meyers. seconded bÿ Councilman Jackson to
approve a??:1cation HC-5l.027.l4.
Motion carried, 5-0
l2. [nac:",,": of Ordinar-e 110. 630: "An Ordinance of the City of
Cup<~:''',' Amending ~tim1 I of Ordinance No.2 by Rezoning
"r?"", ',:ely 22.33 }.t:res from a Plann{'d nevelopment Zone
wi:è :.:'"~l Comm{'rcLal Use Intend{'d to a Planned Dcvelop~ent
Zo~, ';:', a Rt'gio""l Shopping Center Co:"-"'~rci"l Use Intended,
L".:,,::. :" th" }:{'s:e:-ly Side of \lo1£L' S,,',1d Southerly of Free-
",.~.: 280 at the Intersection ('If Kol:e Road and Frec\~~ay
R,""..: _ ~:.-: :1nù Apr(.j7-i1::a.tely 2".32 :\\:T\~S froi'1 a P]anned
D(>';~' :t 7(tl1(, ~J'it:: Li~ht Industri.:ll r~..'" Intendf>d to a
PL;.~-_ _ ~-,~\·("lop:;cr.:. Z~e .·ith a Rcgi('ln~11 ~h0pping Center
L:":, : e~ê 11Itc:-"':'eè., Loe;alctl l'1n the> J Jst.?r}y Si,1e of
!';c.:', ,: Sc'ut1!<:r::: ~f Frél!\.1ay R(ll1t~ ~s\n! ..It: th(- lnl(~!'"sectlon
C'f '~,~~'J a:l,1 :=~ë...-a:,· ~,cu!"c 2Sl'." (~·'-\'l:': inuccl [ru:-:i
c('~:. :!:1Y ?(I, 1;7.4) -- Rf'3d hy tl.c- Cil~' Clerk
Forrh'f '.
E.: n.J(' l -',
Re¡;Ü", :
:-:.'ith Ir·,,·:':-. r~-3¿ his wriltl'n ~~;ltC11lent urginz the
"rdinance 6;: for t~e rcz('nin[', ¡".,f t:!'kC Vall:-,o ParK
~ ':' i~~ Ccntt:=r..
1.10~:C.1 .-':-:ilt13n Fr';'~:'c:', seconded Þy C(,~I!~C'ilflmn ~ej·C:.rs to
enact l:- _. ~ :...'..... 630.
Coun~i:~ - _: ;::~~{\n stîté.~ t1"'.,at the gist of ::h·' shoPpinf' cent('r ls
at the :', "rc:it level a::>è he does not s"" h,,,, the City Council
could è~u',: :'1Ìs ordil'..lr..:e prior to approdnr; the Use Permit.
Coune::'::-,,-· :-:·....'lich said :he Cit.:: i~ l"cGuirù! to have the zoning
mar it: _. ::C!C,.1nce wit:, :he Genera] Pbn,
An:s:
NOES:
:......;.;..'1.c. Frolic:h, Meyers, Mayor Sparks
·:.o'J"C. Jackson, Sellis
Motion carried, 3-2
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KDlU'rES OF T!!E.!tOO: 3, 1974 CITY COUNCIL MEETING
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,13. Second readin& of OrdinaDce 110. 632: "An Ordinance of the City of
"4",,',c~pertiDo Meadina,Cbapter 10.24 of the Cupertino Code !elating to
î':~c'7the Regulation af the ,Sale of l1teworks Witbin tbe City."
'~;~,(c:ont1maed f~ lÍeetiDa0f May 20, 1974) - Read by the City Clerk
/,,":...;¡,.I,'.,< "
:~¡;8istant City Att~"U that 'on page 3. It... £-1 the ord1Dance
"~~~è!t that 110 firewrü ~ 1te 80ld . displayed, or operated by
;~ under l8 ,ears of.p. He said this is to bring the ordinance
'tDto' confor~. with the State lav.
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~ilun Beyers wnted to...u a £indina that this is an uraency
Ordinance, which would require only one aeeting. 1t will be necessary
for this ord1Daoc:e to take effect immediately because the 4th of July
is soon here &ad it will affect the health, safety, and welfare of the
people.
After further discussions, ie was moved by Counci1~~n J~ckson, seconded
by Councilr.u:l ~ey"rs to continue Ordin:1nce 632 t., June 4, 1974.
~otion carrieJ, 5-0
14. Seco:1d -r¿_-:..:."-~!; of Ordinance :~o.. 638: "An t)rJi:'\;~:1~,' ·}f t~:.. ,:'~y
of Cu¡,¿-r:-:::û .~'=\."'7"':Jing Section 1 of Orl! t:;.\;,:,~,,; ~:\,. 2 h'" !'r.,~', ~';, ~
Approx:~:~~::; :1.66 Acre fC(1:1 S~'H'ti1 CL\r.t C~,~:·}tv '~j-10 ('~,-, l'
Sinp;lè-::-.::::. 1.C,OOO Sq. Ft. Per D~..:!li¡~~~ l"'1!:') :'\"'h~ (p Cft,
Cupert~::: :.~-:(' (!\:.-sidcnt:::11, Sin>~le-:··1'~':ly. 10.CrO S{¡~ ¡··t~ ?('r
Dwelli:"'f: ,':-.::1 :~Jl1e; tcr:at~d .:It 22701 .; !:1 J~....r:. !'- ,., I~" -- :t(,Jd
by t!l~ C~:y C:~rk
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,.....0·:00 by C. ";:-.':: :-.1:1 ~{,,·)'("rs. sc><"'o::-ic-d by C"~L:": i 1'~'la J ,\.':::;01\ to h.-.':e
. Ordinanc.... :~'.::"':'...;:- :-3$ rl~ad b}~ title only an.j th,,~ l.:ir:-y l:t~d:'$ !".>:l.!in~
shall cons::':"..::¿ ::lc :-;ccond re..1dinð.
~~tion c~rri~~. 5-0
Moved by Cc~c,=: :"""" :!..yers, seconded by C,1I"''' [J!:¡,ln Jackson to enact
Ordinance :;="0,," o3:i.
~tion carrlßi. 5-0
l5. Second rè.l"~:" ,,! Ordir"lnc" ~;o. 639: ".\n Ordln~n,:e of ehe Citv
of Cuper: :::" ,'::~ndl ng Sect i'On 1 of OrJ [n,]a.: c ~:.,. 2 by Prezoning
Approxi-:';:è:Y 0.S5 Acre he.... S<1nt<1 Clar:! C'''lUty RI-IO (Resi'¡ent ial,
Sinp,1e-F.:.-,:ly. 10.000 Sq. ft. Per D...ellia:; L'ait) 7-one to City of
Cupcrti::: >':-l=' ('!.,,~i<lentb.l, Sinr,le",F"".ily. 10,1)lJO $'1- ~'t. Per
Dwcll ir..~ :::'!.it) :':one; Located fo.djaccn.t t.o ,1n,,\ E:lsterly of Cr..:.·sccnt
Drive A,~":x:::"t,>ly 320 Fect ~orth('rly of th~ Intersection of
Cuperti"~ ::t.:o.1': .,nd Crescent Drive." -- R".1d by the City Clerk
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hbu~ . THE JUNE 3, 1?ì4 CITY COU:ICIL ~ETlNG
.M~_,Q-;r1l1nan Jxksoa, secoDded by Councibtan "eyers to
~~"'!tJ~e 639 rud by title o.uly, aDd the Cit7 Clerk's read-
f,,~,~:, ~t;~.t1tute the sec:oDd read1Þ¡.
:-.~.:'~~ -.;.,~·:,Ù
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_,,~~~""ll_n Jackson,
r· -.:.. ~It 639.
Hot1OD carded. 5-0
seconded b7 Councilman Heyen to
Hotion carr ied, 5-0
ADJ- -..--&
16. Adj~ to Personnel Session.
So ".lea t.y Counci~:: ~yers, seconded by Councilman Jackson tu
,adj--.. tQ the Perso:L.-"e~ Session at 9:00 P.M.
Motion carried, 5-0
17. Rðc:oørene in Op~~ Se»:on.
¥~yor S~ks reconve::~l :è~ meeting in Open Session and
1J:Dedú:ely thereaf:o: .:¿j""rned the meeting to 7 :30 P.H.,
June ~. 1974.
APPROvm:
1.1 bed Sparks
Mayor. City of Cupertino
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/., .. B. ~er
C1I:7 Clerk
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