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CC 12-02-74 - , CITY OF aJPEKrIHO. STATE OF CALIFORl-;IA l0300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MnIUl'E5 OF THE IIEGULAR MEETING OF TIlE CITY OOUKCIL HELD ON DECDlBER 2, 1974. IN THE COUNCIL CHAMBER, cm HALL CUPERIINO, CALIFORNIA S.u.urE TO TIlE FLAG ~yor Pro Tempore Jackson called the meeting to order at 7:33 p.m. vith the Salute to the Flag. ROLL CALL Counc. present: Counc. absent: Frolich, Meyers, Nellis, Mayo: Pro Tem Jackson Mayor Sparks Staff present: City Manager Quinlan City Attorney Adams Director of Administrative Services Ryder Director of Planning and Develop~e~t Sisk Director of Public Works Viskovich Director of Parks and Recreation 3utler KL'It"TES OF fR£\·IO¡;S MEET ¡XeS 1. Approval of Minutes of regular meeting of Xov~er 18, 1974. Pace 9, third motion (regarding City Attorney's reco=endation on application 24-~-74): Strike this motion from the minutes. Pale 10, second paragraph, second sentence sho...ld read: "By law, we _ust have a plan for emergency medical service ~y January 31st.1 Page 13, fourth paragraph: Strike the first sentence. In the second sentence, replace "Hen with "Coune. Frolich". Page 13, delete the fifth paragraph. Page 13, last motion on the page, the last two sentences should read: "Tlte costs of relocation of the structure and practicality of moving the structure should also be checked. Further, the possibility of grants or other financing are to be researched." <;C-240 Page 1 CC-240 Page 2 Flood P4!D public bearing continued to Dee, lOda - MINUTES OF THE DECÐßlR 2, 1974 CITY COUNCIL æ;ETDIC Page lS, first full psr8CØph, add to the end of the fint sentence: "and perhaps the c-1uee ......'lship should be d1ffereøt froa the Pllllllling Policy c:o-Ittee.· Lut sentence of the ._ paragraph should read: "Counc:. Bellis apeed t.Qat the .8IIIbership could be expanded beyond the Council - ·'ha...d Planning Comaissionen to include s wider range of. ·'£csh1p.· Psge 19, secood paragraph aDder ite. 33, second line: Delete thp worde "Director of" and after the word "Recreation" add "c:o-Ission". Moved by Counc. !Ie 11 a , Mc:oIOded by Counc. Meyers to approve the Minutes of Hove.ber l8, 1974 as corrected. !tat ion carried, 4-0 2. Approval of Minutes of adjourned regular meeting of November 14, 1974. Moved by Counc. Keyers. seconded by Counc, Nellis to approve the Minutes of Noveaber 14, 1974 as written. Mot ion carried, 4-0 ~1N!CATlONS 3. Written -- None 4. Oral -- None PUBLIC HEARINGS 5. Public hearing to ccnsider the amendment to the 1964 General Plae i~volving the Stevens Creek Flood Plain betwaen Stevens Creek Llvd. and Stevens Creek Reservoir, (To be continued to December 10, 197~) Moved by Counc. Keyers. seconded by Counc. Nellis to continue the Public lIe.dng to consider the amendment to the~ 1964 General Plan involving the Stevens Creek Flood Plain bet~een Stevens Creek Blvd. and SteveRs Creek Reservoir to December 10, 1974. Motlan carried, 4-0 .. ... .....un:> OF t1Œ ra:EHBEIt 2, 1974 ern com:CIL !ll:ETING CC-24 ° Page 3 Aft'LICATIOIIS 6. Planning C--.-isaion <a) Appliutioo ll-V-74 of Carl E. Storey: Variance froa Secti~ 16.28.010 of die fence ordinance to iocre.... the ¡,.,ig.':.: of a propo.... fe:ace froa a aaxiø>um of three feet to sa feet vitbt.n the froat setback line. Said property is le>.:¿ced at 22266 De .tDza Circ:1e. Reco....ended for denial. (Continued fr_ _Ung of November 18, 1974) (1) ~solutioo Ro. 3768: "A Resolution of the City ':':..ncil of the C1q of Cupertino Granting a Variance :: Carl E. Storey fro. Section 16.28,010 of the T~ce Ordinance to Increase the Height of a Proposed r~:e froa a ~~~ of Three Feet to Six Feet Withi :oe Front Setba~ L~; Located at 22266 De ADza C::cle." (Cont~ from meeting of November l8,l97 ) Tbe Planning :::<:tor stated ~ ~ad spoken with the applicant, who 1Dd1c:ated he .:.:es to drop the :ase. The fence has bee~ r~ved. Øoved by Cou=.:, ~ellis to dre, a?~lication Il-V-74. This motion was dropped :: :~eu of the fc:¡~.~g motion. BaYed by Cou::. ~eyers, sec~eè :1 Counc. Nellis to deny applica- ÚDD ll-V-7~. Motion ~r~ed, 4-0 7. Archite::~:al and Site A;pr~al Committee (a) AFpl~:ation HC-5l.075.LO of Vallco Park, Ltd. requesting appr:.zl of the architectural modification for the J. C. Penney's store and the aaLFrials for the site retai~ing walls :~r the Regiocal Shopping Center located southerly of ~~ adjacent to Freeway Route 280 at its intersect¡~ with _:lfe Road, e~eDë~g southerly on the westerly side of .:::e Road fro. sa14 Freeway on the easterly side of Wolfe !cad to Vallco Park Way. Recommended for approval. .. Bill Tagg. hoject Architect far Vallco Park, intn,,:uced Archi tect Der.::: s Eric:kson, of Iiar.ter Bernardi & Emmons, who ~ewed the e::vations on the ~ard. He explained how, with the ~~~--ndati~: :f the Architectural and Site Approval Comoittee. ~ eaat elevz:~:n had been cbac&ed by the addition of two bay ~ows and t~ introduction of . 3% Elope in the parking l~t to Kelieve the l.:<:~, uninterrupted fa.scade. CC-240 Pace 4 HC-5l,075.4e approved He-51 ,ass. ~ ':00 t in uet! :.= Dt!c. 3, 19-:... .'.----,-----'- . . ES OF T!Œ DECEllBD 2, 1974 CITY COUSCIt IŒETI~ Qoomc. ""yen \loodered if ~be _J rationale could be applied ~o ~he _h elevation. D1scusaioa fol1øved. Council ","s sltown a display of ~lte exterior ..~er1a1s ~o be used. 'led by Cco=:. !!eyers, sec,",,,.sed by Counc. Nellis to approve application BC-5l,075..a "itlt tlte conditi..... aa specified in Resoludon No. 477 .i~h tlte CoDditions 8 aDd 10 as on Exltibit B9 First Revision. Kotion carried~ 4-0 (b) Ap;:::oation HC-5l,058.7 of Ho... Federal Savings aDd LoaD Ass:~i3tion of San Diego requesting approval of site. ar~~:t~cture and grading for a temporary bank building l~~a:ed at the northwest corner of ~he intersection of S~::'eld Drive and Saratoga-Sunnyvale Road. Recommended fc:- a;proval. (Applicant not able to appear until 9:30 p.II.: cC'::'::":luance recom:c!.e:::.ded) (To be continued to December 3, 1974.) Mcved by ~~~~. Frolich, sec~ed by Coune. Xellis to continue app1icati~n ~~-51,a58,7 to December 3, 1974. Motto., carried, 4-0 OIIDINANCES 8... Seccmi :-~.J.Jing of Ordln.a:1ce So. 657: "A."\ Ordinance of the City of Cu~<:ino Amending Or~inance No, 533 Regulating Sto~~ing, Stand:~b ~r Parking on r~~lic Streets, and Providing for Signs Notif::~f the Public Thereof, and Further Providing for Penalties for Vi::~~ion Thereof." -- read oy ~aycr Pro Tem Jackson. Counc. Frcl:~~ noted that tbe enactcent of this ordinance will .ean there will :'è! no parking alo~g Ro¿rigues for sone 300 feet east from Sarat~ga-S~~~~~~le Road. Th~ repres~nts a severe problem for groups aeeting at t~~ Savings and Loan building since these people are not allcn.-ed to c!e their parking lot during nonul working hours, because it will interf",rt! with their !Jusiness. ~la)·or Pro Tem. Jackson suggested t.hat the la-:-g.! parking lot a.cross the street is usually quite vacant and could probably be used by ~ltese people. Moved by Ccalt:. ~cllis, sec~""'d by Counc. Meyers to have Ordinance No. 657 read by title only, and tbe Xayor Pro Tcmls reading shall constitute the Second Reading, Kotion carried, 4-0 . . . IIIIIITfES Of :-::..:: ::~crMBER 2, 1974 an COUNCIL !lEETING Jløyed by C---=:. ~llia, &eC'......" by Counc. !!eyers to enact Ordinance k. é51. JIot~ curled, 3-1 ~. F~:idO vanted to esp1afa that his dissenting vote did not _ that ~ ..'25 against biCJ"C1e 1_.., per se, but tbat he much ~eferred ~ :~~t bicycle ~ proposal. Some future problems aay be cre¿:~=, in dealinl vida ....elopers who =y be asked to £aruiah p&:L::+ s?a.:es to be .... by sOIIeone else. Counc. !ley~=> .Üd that in the f~ure, a lower parking ratio may be consick:-<,; .-:d it 1& hoped ~ha~ .any people will be taking .ctYantage :: ~"": ic transpcrtatiœ. 9. Seco:: k.:~-:g of Ordi".".,e Jig. 658: "An Ordinance of the City :: :c~~rtino A=~i~ Ordinance No. 492 Regulating the Ope:.:::-. ~'gistratic~. Lioensing, Purchasing and Selling of Bicy::.. ~::1i:1 the City of Cupertino." - read by Mayor Pro Tea :~;.:...~:---: ~ ~ed by :~.-:, ~eyers, se~áed by Counc. Nellis to have Ordinance ~:. ~=~ read by ~i~le only and the X3yor Pro Tern's reading .'..L: ,,-:stitute t:.e Se=d Reading. Koti= carried, 4-0 Moved by ::c-::, ~yers, sec~ded by Counc. Nellis to enact Ordinan~i ~:. ~:~. Kotie:> carried, 4-0 The City !'.1".;<: èxpla1ned t;at ve have to update our ordinance 100 be in :::::'""-1-:ee with ~~:e Lav in regard to licensing of bicyc1i!s. :..¿ :':y Attorney vas directed to research the details iu this :"íP,:':. 10. See"",,:; =~i:.:1g of Ordi:>a::ce So. 665: "An Ordinance of the City :: :~;ertino A3ending Section 1 of Ordinance No, 2 by Rez",:-:" ),;p:oximately .210 Acre from Santa Clara County Rl-l (Res:i~:::.:, Single-Fzmily. 10,000 Sq. Ft. Per Dwelling Unit Zone :: :::y of Cuperti~o II-7.5 (Residential, Single-Family, 7 ,5~ 5:, Ft. Per DvelliJ1g Unit) Zo:>e; Located Easterly of an Adj~:-=:: " foothill Slvd., Approximately 130 feet Northerly of !~" :::~~section of ianc:bo Ventura Street and Foothill Blvè,· - o"..d by Mayor ?ro Tea Jackson. CC-240 Page 5 Ord. 657 enac:ted Ord. 658 enacted · - MINUTES OF TIlE DECEMBER 2, 1974 CITY COU~CIL ~ŒETING Koved by Counc. Nellis, seconded by Cc~~o. Frolich to have Ordinance ~o. 665 read by title only, and the Mayor Pro T...'. reading shall constitute the Second Reading. Motion carried. 4-0 !loved by Counc. Nellis, seconded by Counc. Meyers to enact Ordinance No. 665. Motion carried, 4-0 ll. Second Reading of Ordinance No. 666: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning I,ll Acres from Santa Clara County Al (1 Acre) Zone to City of Cupertino R1-7.5 (Residential, Single-Family, 7,500 Sq. Ft. Per Dwelling Unit) Zone; Located Snutherly of and .\Jjacent to McClellan Road at the Ncrthern Terminus of Rae Lane." - read by Mayor Pro Tem Jackson. Moved by Ccunc. Meyers, seconded by Counc. Nellis to have Ordinance So. 666 read by title only and the Mayor Pro Tem's reading shall constitute the Second Reading. Motion carried, 4-0 Moved by C'unc. ~Ieyers, seconded by Counc. Frolich to enact Ordinance :;0. 666. Motion carried, 4-0 RESOLUT It'SS 12. No, 3787: "A Resolution of the City Council of the City of Cuper:.ino Declaring its Intention to Order Vacation of a Tcn-FcJt Wide Walkway Ea£er:.ent Connt.,,~ting the E<.iton Elementar' Scheol Yard to John Drive Uithin the City of Cupertino Pur- suant to Section 50430 of the Government Code at the State of Cali::·..:-rnia, Fixing Tioe and Place for H~aring and Providing for Xctice Thereof.1I Moved by Counc. Frolich, seconded by Ccunc. Meyers to adopt Resolution ~o. 3787. Motion carried, 4-0 CC-240 Page 6 Ord. 665 enacted Ord. 666 enacted Res, 3787 adopted ~ .. MU:LTES OF Tm: DECEMBER 2, 1974 CITY Cù¡;:;C¡¡, tlEETlNC . REPORTS FROlf OFFICERS 13. City Staff -- Ho reports. Counc. Nellis asked about the hours of operation of th~ De ~nza tennis court lights. The Director of Public Works stated that they autaaatic:ally turn off at the end of 55 minutes. If you wish to play lonser you .usr push the button again. The cut-off ti.e is 10 p... (;-,unc. Nellis was c:oncerned since she saw them on much later L~~ ~~ p.m. De ADza College controls this, and the Directo of Public WOrks will check with them on the present regulations. Counc. Nellis was concerned about the Payless Christmas Tree lot signing in the Town Center, along Sarat~ga-Sunnyvale P~ad, parti- c:ularly since there vas considerab~e neg~tiation regarding the sign for the bank next door. Counc. Nellis suggested the Council age~¿a have a similar note in re¡;ard to cut-off tbe at :nidni r.ht ar.¿ that the balance oí the agenda ~h~uld be handled the follO\,;inb :tight Tattler than t:ac present sêtup for the meeting on the first TU~SÙ3Y followinr. the first ~:~nday ~f each month. Coune. Frc-lich 5ug~csted that t:lose items net o£ general intc~est to the pu~li.:. such as the rezolu- t ions for pa:-·ing salaries and \:agcs tete.. be plilced at the (:nd of the Mo~¿ay a~cnda, so that if this is continued to the follo~ing night it affects the general public ~i~i=~lly. ADJOUR.'0:L."T 14. Adjourn to 7:31) p."", Dececber 3, 197.\. Moved by CC~"1c. ~elljs, se'-vuåed by Counc~ ~!eyers to adjourn this .eeting at S:15 p.m. to 7:30 p.c. on DEc"r.:"er 3,1974, Hotion carrieè, 4-0 APPRO\'t:D: / s/ Rped Sr-~r"s Mayo., City ~f Cupertino :'TTI'..5T: /5/ \lm. 1'. R':,kr City Clerk CC-2/.0 Pa&e 7