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CC 09-28-70 , {' ( ,} , , . . . . . CITY OF CUPERTINO, S~U of California ]0300 Torre Avenue, CuperdDo, California Tele1ohone: 2S2-4SOS MDUTES 01 tIŒ AÐ.JOmIIIED REGULU MEETDG C1P THE CITY OOtJNClL HELD :iEru-.a 28, 1970 IN THE COUNCIL atAHBEP. ClTY ILUJ.. UI&"&lD:Il«), CALIfORØÍA the ...cil'g was called 1:0 order by Vice Mayor Noel (in the absence of Mayor Stokes) at 7:32 ~... aad the assemblage vas led in the flag ..lute. A) Roll Call Councilmen in attendance: Pitzgerald, FzoUch, Green, Vice Mayor Yoel. Also in attendance: Act1D& City Kanager Ryder, City Attorney Anderson, Planning Director Sist, Assiatant Planner Cowan, Chief Building Inspector Benevich, Recordi.aa SltCretary Dolore. White. Absent: Kayor Stokes. Vice Mayor ~oel announced to .11 present that the meeting in session was to continue until 8:00 p.D., at which time the Planning CO~i9sion .eeting would begin. B) Granting of authoriza:100 to Sears for utilizing vacant land on Stevens Creek Bou1evard f?r a temporary parking lot for one veek commencing October 28, 1970. The Council was 1nfon:.ed by Qlief Building Inal'''!ctor Benevich that a letter was sent to Sears oaz:liDing proc..dure. ....c....ry in obtaining authorization which included a copy of the letter of liability sent to the owner. lie .aid !>e åa4 received DO reply fraa Sears in this regard. Acting Cicy Manager Ryder reponed that the is.ue vas ...t on the agenda in order to make the City CouDc:ll _.re ')f the requeat and indicated that conditiona illlpo.ed were that the entrance "-81 be oiled and that a peraanent auard b. prcnr1cMd vbeD facility va. betna uaed. C) leque.t by Souls Bartlor Cwrch for special pera1ss1oa to ua. the asin building at 22054 ....tead Road for church services pending i..uanee of !1M Pe~e. 1Ir. aenevich reponed that _ 1nIopection had b_n aada of the existing bui1cl1nl and it appeared co be aener.lly within the requirements of tbe prev.iling cod... Be f-'tc:Ued, however, that ponions of the electrical system aDd pl.-biIWvere in need of iaproll TIt as well as the choir platforll DOt b~ up to weilht standards. Be added that Sheetrock vas needed iD the corridor exiting the buildf.. and a hand- rail at the re.r siJeo-1I· stair of the building. It v_ hi. contention CUe if these conditi_ _ co be coapUedevieb, be coald voice DO oIIj~t1ODS to churcb ....see. beiDa beU in the uûtiIW bu1ldiDa. CC-60 roll call telO"crary par~~.,~ lot rC"tle~ ted temDorary builC:1ng un requested pr_c.U_ ; L ". tjaB , " SÚ>D ~', ~rarT .. !'e~~: pamet! Ø1-EC-~ !laase B ~....,,:: r-encaCiDn , \ " ¡ l . . M'J1ut.. of the City ~11, September 28, 1970 tela C) Contizwed ....rend Richardaon, P..tor of Souls Harbor Church, 185 S-..t Courc. Loa Catos. came forward frclll the audience sayiD& that bú COIICnaat1aD had DO place in vhich to bold services peDdiDg the Ua. Pemic ....rbI' IU8II1uch as ...rvicn _r. to be held on Wedne.day ev_i.,.., Suaday _rnings and Sunday eveIdDgs, he stres.ed the t.port8DC. af obUi...... interim use of the fadUey. Councilman Fitzgerald c· nted he had a_ tbe interior of the building and, felt it to be in very good condition. Acc~rding to Attorney ADder.on a temporary U.e Permit would be acceptable and recoaaeaded issuance of .ame, subject to cospliance vith the conditions .. suggested by the Chief Building Inspector. It vas moved by Councilaan FroUch, seconded by Councilman Green and passed by a unan1mous vote that a temporary Use Percit be granted subject to conditiona recommended by the Chief Building Inspector. After some discussion, the previous motion was amended to include "on compliance with the .:onditions meetings could be held until hearing and disposition of the building Use Pemit by the Planning Commission". D) Continued hearing ,)f Application 391-BC-69, Phas' lighting for Seara. area St',art Cortice, "..si.tant Construction Engineer for Sears, Roebuck and Company, Pacific Coast Territory, introduced Alex ~ikolakopulo. who was present to discuss the lighting i.sue. Vice ~~yor Noel v~iced the concern of the Council was that the light intensity aD pea red to be sizable, and could possibly have adver.e effects on the surrounding residents. Mr. Nikolakopulo. pre.ented calculations reporting that measurements taken from the parking lot to the center line of Denison A7enue showed .124 foot candela. without lhe use of a shielding devicé. He added beyond the street tbere would not be any light shed on the resident. although the parking lot, it.elf, would be well lighted. Chief Building Inspector Benevich revieved the lighting and .hoved slide while describing the propored fixture. as being of a 4D-foot hei t consisting of four, lOOO-vatt bulbs, ~nd being of the type in exi ence at the Sears, Ioebuck and Company store located on West S Carlos Street 10 San .Jose. He said that Mr. Puetz had a repor'= intensity cospariaon ....ur...nt. taken at .everal locations 10 the area. .~ .,-~ ~---- . . øs.&te. of the Ci,~ CouDcll. Septe.ber 28, 1970 . D) CoDtiaued Ik. Pueu reported that a~ JIIf.I_'-~t!!ly 9:30 p,.. OD l'1'1cIay. ..¡ t . er 25, 1970, a .. - survey v.. ta~ at "ar~ lurt10ae 111 tile area t....,...~: All-Meric:aa Mubt. Ife:nya'-. ~ v. Vellco 'fill.... ",~. ..ae of Pi_, Sbort-S~ !Ilk'-&.. - r6. Ioùuclt .... C . .., ta .. JON ... rul...da1 .... .tela ~-c. l1abtu. pro;.oided ~ ~ City, & ..... n 4iacusa1CID fol1...._... 6IdJIc which Hr. Pueta pn.-teII calcu1a- ... _ to tile Council L... ~or their perusal, ... to a sbortqe of tu.. ....c _ ~ by Cotmd~ F1tqfl'alAI. . .thd by CouDc:i1aan c;~ ... .....ed unaD1lloualy that the -tiDl .. adjourned to the libraQ' for conc:lusioc of the pending 1.s_. DIe _tina adjourned at 1:00 p... ad ncoøaud 10 tile CoIif-. ..... at 8:02 p.m. 1Ir. Bikolakopulos agreed mat 1IOre li&ht would be generated by the proposed standards to which r~~ilman Prolich replied that be ~s DOt overly concerned wtth the li&hting at the base of the ;>rcr.>oued pole but rather its effect at SO feet off the I'roperty. Hr. ~1Jcola:.opulos sai.d his calculations iadicated that this light would be 1=onsequent1a1 at d1e center Une of !:-er~ Avenue, lout agreed the lights __ole! èr sb.1elded at t!le west and soath .. needed. He added that the love ring of the ~ole light, in itself. would not decrease the light1n& intensity. In reply to a comment by !fro Puetz, Mr. Nikolakopulos said tl1at the surface brightness would be about one-half of that of the !:Ore COI:aon lwUnaires and as to the poteat1.s1 traffic dall3er from the tIX?Osed ~ht source, it was his ;»reference that the polea be 40 feet rather than 30 feet. He brought out the factors of angle of sight aDc! d1.stance f~ the source. 1Ir. Gerald Gerard, Sears ACtorDe)' for Real Property, said that theae part:icular standards were videly used by Sears and that their effect OD others had been taken into COD8ideration. He pointed out the security probl_ involved in a large parking lot and said that a hiab volUlle department store such.. ,Sears _eded an adequately li&hted parking lot. Sears is \'ery public-relatioDs conscioua, according to Hr. r.erard who ..u that other parkiag ar... are substandard in comparison. The lights are operated ~~ a time clock UDder the control of the individual store -~I·r. "~i1aan FroUch suU_ced chat one of the conditions b~ tb reatric- t10D of lighting hitting the bøusea and DOt to be .ore thaD that normally _i.. fro. street lighc.. Jtr. lIikolakopulos agred to this. Ic vaa tlten _ved by ec.-.....n-- Frolich, seconded by Cou1Icn-- ftcaa.rald and passed "ßIOM-Iy that Phase B, area liabt1D1 of Application 391-HC-69,be ...~OYe4 .. recommended subject to cbe CC-60 Page 3 calcu1ati~ reported meeting j adjourned 1 to library I 1 1 , , I lightin¡: discussion 391-HC-69 a"Ðroved ba- 4 depos1c ded ¡. . ::int meec'-;i t,:ncdled ' ":joum::en: . . .. les of tbe City Council, S!~t~r 28, 1970 CC-6C .) ~ C'oDtinued ......ftUl coøditiona that the .upc .taøclards be not lIOn tUG 30 feet ..... _ 2 foot, 6 inch pccIesÞ1a .... shielded SO tbat the lncið-. of ,.U 1 _ resldmt1a1 propflr~ ~ f~ the Sears lot not exceed 15 ... "lea. , Y.II:Ie IIIJor Hoel said that ia ~ of lfa)'or Stokes' absence, be - aoiDI .. JIOScpone Council action ",-.. to coatractual relatioD8h1p _ÞIIla "'c;:I.t7 Council and the City ~ _tll it could be acted - ),y -.,¡,.:r~ COUDdl. &ft8r explainin¡; that certain ~1as _tes could be made _·f1....te _ . temporary basis for in"...- t purposes and after re1a:iog to the f'1 ....1 the results of bids frø the local banks, it vas !:lOVed ),y r 11man Fit::;erald, secoDdet 1ty Cmmc:ilman :frolich and p...... '_ly that the time depotd.t of $170,000 be avarded to the .... at .aeries at -; per cent interfISC. Xt ~s then ~e~tioned by Cou~f1~n Fitzgerald that the reason for postponement by the Joint Pl~ftft.~ Council of their presentation va. :D perait the~ t~ do some core ~search and to clarify certain ..peets of the progra:: :e:orl! resumiD6 úese óiscussicns. City Clerk an:: A:ting City Y~~er Ry¿er statcd for the record tbat the .!..:::':'i:!:!:tura1. .:.::.:: S~te Ap?ro·..·a: C:J--,-!:tee had adj~'ul'Ut::¿ it~ :i~:.t r:egular- :: scheduled ~e¿::~~ 'to ö:CG ~.:_ on Se?te~ber :~, 1970 for t~e purpose ¡ =: IOtcendin¡: ::::. joint sessi= as sc!1eêuled. :',nen it vas ~no-.-n that , :~s joint s..s.:,,~ aad beer: .::a=e:led, cO::-.r.1itt~e :::e:::bers h..d been , :c:ified ar:d ~e:.. told that :~e: did not have to attend. Consequently, ,J :cr che reco:::. :::. Ryder declare.: tr.e lack of quoru::! for the Architec- ~al and S::e ~=?:oval Corr-~:~ëe 2~ë adjourned that co~ictee·s ~ee~ing I ~ its next re;~.arly scheèul~ ~e~cin; on Weòncsday, October i, 1970. . 4 :~ vas moved :~ CouncilQan F1::gerald, seconòed by Counc1l:an Green and _ declared by ',lce ~layor :;oel :h¡ot Cole meet in; be ildjournec! at 8:29 p.m. APPP.OVED: /5/ Gar-· G. Stokes ::ayor, Citv of CUDertiDo , L~: 1./ Va. E. Ivder City Clerk t