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PC 10-30-67 :u./ 10300 Torre Avenue, Cupertino, California Phone: 252-4505 ------------------------------------------------------------------------------- C I T Y o F CUP E R TIN 0 California MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL TO MEET IN JOINT SESSION WITH THE PLANNING COMMISSION, - October 30, 1967 PLACE: Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California TIME: 7:30 P.M. I SALUTE TO THE FLAG II ROLL CALL Counc. present: Dempster (7:45), Johns~n, Noel, Stokes, Fitzgerald Comm. present, Bryson, Frolich (8:00), Hirshon, Horgan, Buthenuth Staff present: City Manager, Phil Storm City Attorney, Sam Anderson City Clerk, Bill Ryder Director of Publio Works, Frank Finney Director of Planning, Adde Laurin Assistant Planner, Jim Nuzum Recording Secretary, Sylvia Hinrichs III A. The City Manager asked City Council permission to prepare plans for building two rooms in the basement of the City Hall; one to house duplicating equipment, one for record storage. Moved by Counc. Noel, seconded by Counc. Stokes, that the City Manager be authorized to prepare plans and construct the requested room in the basement of the City Hall. AYES: NAYS, ABSENT: Counc. Johnson, Noel, Stokes, Fitzgerald None Counc. Dempster Motion carried, 4-0 B. The City Manager reported that requests have been received from residents on Stelling Road, asking permission to landscape the area in front of their homes. At present, this is a right-of-way for future sidewalk development. This would be done with the stipulation that when the sidewalks are constructed they would remove this landscaping at their own expense, and install fences. -1- Minutes, City Council - Planning Commission, 10/30/67 --------------------------------------------------------------------------- Moved by Counc. Stokes, seconded by Counc. Noel, that approval be given, as requested, with the stipulation that this landscaping will be replaced with a fence at least 12" from the curb, at the expense of the owner of the property. AYES: NAYS: ABSENT: Counc. Johnson, Noel, Stokes, Fitzgerald None Counc. Dempster Motion carried, 4-0 C. The City Manager reported that the water main from McClellan to Bubb Road has developed several pin holes which has created problems. He re~uested Council authorization to replace this line of approximately 300 feet. Moved by Counc. Stokes, seconded by Counc. Johnson, that the City Manager be authorized to have this line replaced. AYES: NAYS: ABSENT: Counc. Johnson, Noel, Stokes, Fitzgerald None Counc. Dempster Motion carried, 4-0 IV The City Manager explained that the purpose of this joint meeting is to discuss with the Planning Commission, the rejuvenation of the Master Plan. The day to day duties of the Planning Director and his staff are time consuming, and it is impossible for him to get all the necessary work accomplished on the Master Plan. The City Manager added that he had mentioned this fact to the City Council at the time of the budget hearing, and the Council indicated that a meeting with the Planning Commission would be in order. The City Manager pointed out that the basic reason for the meeting is for the purpose of the City Council to discuss and evaluate the information necessary for the rejuvenation of the Master Plan, and approval to employ an additional member for the Planning Department staff, to implement this information. He added that much information can be obtained from the County Planning Commission, especially in the area of rezonings in areas that are now on County property but eventually will be annexed to the City of Cupertino. With an additional staff member, we can have current information on proposed applications in these areas and can determine whether they are conforming to City requirements; and if they are not, to advise the County Planning Commission what standards the City re~uires of the applicant if they desire eventually to annex to the City of Cupertino. This information would be of much value to the Council, and with another staff member the information can be current and reviewed fre~uently so it would not be necessary to resort to outside agencies to keep us informed. -2- Minutes, City Council - Planning Commission, 10/30/67 -------------------------------------------------------------------------------- Mayor Fitzgerald stated that there were some basic planning principles that must be resolved with the Planning Commission first. He felt the Planning Department is working in a different direction from that of the Council. The City Manager pointed out that no one is in agreement with everyone else's ideas on planning, and the funtion of a Planning Depart- ment is to present ideas to the City Council, which is the final authority. These suggestions can then be discussed and evaluated, but we must have a basis on which to start. The Planning Director stated that he acts on every individual application. If we are going to follow the General Plan we will have to rezone to lower density and to cut back the expected population of the City; it is difficult to rezone from higher to lower density. It was his opinion that there is not enough data in the present General Plan as the infor- mation was obtained from the 1966 census and is rather out-dated. More current information has now been compiled by the Planning Department. The Mayor pointed out that the General Plan is a guide and he does not see why the City cannot work from this Plan; he felt it is not out-dated. He added that he has been unable to get needed information from the Planning Department and they have not been of assistance to him in making decisions; many important duties would be left undone if the Planning Department begins to revise the General Plan. He thought the Planning Department should be able to operate with the present Plan as well as they can with any other. Counc. Stokes asked if there is any additional information that could be obtained by using a new General Plan than from what is available in the present one. Also, to what extent is the data available from the County being used, and to what extent can it be used if it is not incorporated in the General Plan. The Planning Director replied he would start with the present zoning to determine how much population this zoning could produce, then compare it with the needs of the City to determine how much commercial area and office areas a city of 45,000 would need. We would then find we have too much or too little commercial area and would have to rezone additional commercial areas for a city of 50,000. There are many important municipal services that have to be planned in proportion to the population; i.e. schools, parks, traffic capacity, sewers, etc. In his opinion, traffic capacity is the most important. Our present traffic arterials are designed for a population of 20,000, and they are being used almost to capacity, so we would have to provide for more than double that. In answer to Counc. Noel's ~uestion, the City Manager said that many details will have to be considered under the heading of rejuvenation, such as expressways, underground utilities, schools, improvements, street patterns, traffic, etc. Traffic and traffic movement is an important item when discussing a new General Plan; these must be tied down speci- fically when the Plan comes before a public hearing. Also, Industrial areas should be considered under this heading of rejuvenation. The Mayor pointed out that these items had been discussed in this present Plan. He added that only the residential zones have changed. Counc. -3- Minutes, City Council - Planning Commission, 10/30/67 ---------------------------------------------------------------------------- Johnson asked what purpose this rejuvenation would serve, and if the Plan was updated would it facilitate the Planning Director's work. Counc. Stokes said in his opinion there is no Question but that we up- date the Plan, and it should be continually updated. He added that this plan was based on the census of six years ago, and it is important that they have up-to-date information on which to base opinions. All the information available from the County should be obtained and then used for our purposes. Comm. Frolich agreed that to update anything is important, but puzzled as to what the discussion was about. He thinks the industrial zone in Monta Vista is a minor change, also the expressways. The present General Plan does not show much information in the way of local streets over which the City has much influence, and if the County has information that shows this, then this Plan should be changed. He did not feel that the colorful form was necessary, however. Counc. Johnson stated that the Question is whether the Plan should be updated or kept current. It is agreed it should be kept current, but this could be done without having this meeting. Counc. Stokes felt that, to a degree, we are talking about some major changes in the Plan, that trends in density have changed, and the City must keep up-to-date on trends in single-family houses, town houses and apartments which would affect the City. Comm. Frolich said if we are only talking about density it must first be decided if this constitutes a change. If so, there will have to be hearings, etc. which will tie up the Planning Department staff further. If this would happen he would not want to see the Plan changed. Counc. Noel pointed out that the City has requests for zonings that are and some that are not included in the General Plan. Houses have been added in adjacent San Jose and these change the density. The major problem would be in the western part of the City. Counc. Johnson wondered whether new types of buildings - condominiums, apartments, etc. - in the western part of the City would raise the density. The City Manager stated that we must first obtain additional information for the City Council and the Planning Commission and so he is asking for additional help for the Planning Department to accomplish this. The pur- pose of this meeting is not to change the density, etc.; these will have to be evaluated. We cannot eliminate public hearings in cases of zonings, Use Permits, etc. Counc. Dempster pointed out that none of these decisions can be reached without statistical data, and the Planning Director is the one to com- pile this information for the City Council. The County is constantly re- viewing applications, and the City is being encompassed by rapid growth. He agreed with the Planning Director that he does not have enough man power to collect this data, and felt there will be an impact on the City and surrounding areas when population increases. Continued improvements will have to be made; new roadways and streets, etc. These changes will have to be made and the information is needed before they can be made. The General Plan eventually will have to be changed. To the Mayor's comments that the information he receives from the Planning Department -4- Minutes, Cíty Council - Planning Commission, 10/30/67 -------------------------------------------------------------------------------- is of no value to him in making his decisions, he was asked if he felt the information was not clear enough, and what information did the Mayor expect to get. It was felt that this is not sufficient reason not to agree on a rejuvenation of the General Plan. The Mayor answered that he is not opposed to progress, but he would like to know what this infor- mation we get from the County is going to do that is not already being done with our present plan. Counc. Dempster pointed out that in his ob- servations on the information the County has brought forward in the past, it tends to give us some sense of direction from which to make some type of decision. Counc. Stokes noted that the Mayor's concern seems to be not whether we should update the General Plan on the same principle as the original Plan but that it should not be prepared in the same details as the original. The City Attorney pointed out that the State Planning Act sets forth the framework for a General Plan guide line, such as required Public Hearings, good presentations, recommendations by Planning Commission and approval by City Council. The guide lines suggest precise plans that are defini- tive studies of various specified areas that lie within the General Plan. Precise plans can be initiated by the property owner. The Planning Commission and City Council set down the guide lines such as access, im- provements, etco, which information the owner or developer will need, and the Planning Director makes his recommendations. No position should be taken until after the Hearings, then when the data is presented to the City Council they make the final decision. Mayor Fitzgerald stated that if the Planning Director is going to prepare these plans, there should be an agreed policy. Counc. Stokes said he felt some policy should be established on street patterns, public utility services, and how these areas will be served. The developer then could obtain this specific information, which would save much time of the Planning Commission and the Council. He added that many hearings are de- layed for lack of specific information, and this results in lost incomes in property taxes, etc. If the City can save money by adding an ad- ditional man to the Planning Department staff to acquire this information he is in favor of it. Counc. Johnson agreed with Counc. Stokes, and added that guide lines must be set and information furnished to indicate how a particular property will be developed. Comm. Frolich agreed that an assistant to collect this information to serve as guide lines to de- veloper and property owners, is acceptable to him. The Mayor pointed out that perhaps the Council should set up some guide lines for the Planning Director in preparation for these revisions, wherein the property owner could have more leeway in developing his pro- perty; such as decisions on ingress and egress into his property. Street patterns should be the City's consideration, but not how the pro- perty is developed. Counc. Stokes added that when a developer comes to the City he is not here to build a monument, but to build a development and make some money. He felt that care should be given to the area as a whole when it is re- zoned and what will happen to the balance of the property in that same -5- Minutes, City Council - Planning Commission, 10/30/61 --------------------------------------------------------------------------- general area of the City. However, the developer tries to develop his property to the ultimate, and is not interested in what happens to the property behind him; he has designed plans that are to his best interest. Counc. Stokes said he did not believe in the principle of re-designing everything that comes into the City. We should work to- gether with the developer or owner and not try to develop the property for him. The Planning Director pointed out that it was not his intention to com- plete the General Plan revision for two years and it would be developed in stages. He would then present this to the Planning Commission for review. He added that the zoning in the present Plan is designated for 20 diu per acre which he felt is not feasible. Each time an applicant requests rezoning he must make recommendatíons because he cannot refer to the General Plan. This must be repeated for each rezoning re~uest. The Planning Director also explained that in the Neighborhood Plan, we should have some sort of street pattern to use as a guide line; it is too late to decide this when a Tentative Map is submitted. More im- portant, he said, future population and traffic capacity should take precedence over Neighborhood Plans. He would present these ideas to the City Council one at a time, and at that point they would make a decision on a street pattern. The City Manager noted that the General Plan would indicate what is recommended by the City Council, and there would be no ~uestion in the developer's mind. This also would be of value to both the Planning Commission and the City Council. Planning should not be done piece-meal. The Planning Director stated that he would abide by the City Council decision. He felt, however, it might be an advantage to the Council if he could introduce plans from other cities ocassionally. If the Council decides on strip commercial, he felt they should have the facts as to how it affects traffic capacity. In regard to shopping centers, trends are changing and different types of shopping centers would attract more people. He would collect data on this for the Council's decision. The City Manager pointed out that we are trying to develop the image of the City, and to see that it is properly developed; this is why we have an Architectural and Site Control Committee. There have been a few times when the Council has denied applications. Vallco Park and Town Center are products of the Planning Commission and City Council endeavor to see that the City maintains its image. Counc. Dempster agreed that we would not have had these developments if it were not for the re~uirements maintained by the City. He did not feel that a de- veloper can just move in and to go in his own direction. It is a matter of degree as to how much control there is to be and it is a matter of importance that all the individuals attempt to work together. Counc. Stokes stated that the Planning Commission has had foresight, and these developments have proved that if there is cooperation the developers will come forward with good developments. The City should -6- Minutes, City Council - Planning Commission, 10/30/67 -------------------------------------------------------------------------------- not decide the location of buildings on the property or set too many restrictions on the development. Mayor Fitzgerald agreed, and felt that these two mentioned developments are good examples of cooperation. Comm. Hirshon wondered what issues are being determined; is it policy issue or is it the hiring of an additional man for the Planning Depart- ment. The Mayor asked if the Commission felt the information coming from the Planning Department was clear. It was pointed out that the written reports are helpful and do give pros and cons as to whether the appli- cation should be approved or denied; however, some time the information may not be necessary. It cannot be recommended to the Planning Director when to supply more or less information. At times additional infor- mation is needed, and then they have to ask the Director for it, which delays the application another two weeks. The Mayor contended that the developer only wants guide lines, and the Planning Department should leave the plans up to the developer. The City Manager agreed that the Planning Department or Public Works Depart- ment should not be making plans and doing the work for the developers or property owners who are reQuesting rezoning. He did feel that the reQuest for another employee in order to get additional information would be to the City's advantage in evaluating what will be presented to the City" Counc. Stokes stated that he felt they are all in agreement that the General Plan should be updated, and a decision must be made whether the additional member is necessary to the Planning Department. He added that if the City Manager felt this employee is necessary, he has no Quarrel with "he reQuest. Comm. Horgan pointed out that the Question, as he understood it, was not the employment of an assistant, but the discussion of the General Plan which has not been discussed for two years. Does the Plan need updating, or not, and if so how much will it cost? Will the Planning Director be able to present it to the Planning Commission in time for the report to be presented to the City Council by December 31st? Counc. Johnson agreed that the General Plan should be kept current., and perhaps if the Planning Department time was devoted to this rather than on some of the lesser duties, an additional employee would not be necessary. Counc. Stokes pointed out that the staff has had many reQuests from the Planning Commission which have not been done because of lack of time, and in order to take care of this backlog it would be necessary to have this additional help. The City Manager reported that both the Planning Director and the Assistant Planner often work after hours to get the necessary information to the Planning Commission and the City Council. He was hopeful that the Council would consider this reQuest and not wait for another month. Counc. Noel said he found no objections to employ- ing another person, but felt that the job specifications for the assist- ant should be more comprehensive. Comm. Hirshon agreed that another staff member in the Planning Department would solve or alleviate many of the problems of communication between the staff and the Commission. -7- Minutes, City Council - Planning Commission, 10/30/67 ------------------------------------------------------------------------------ Comm. Frolich stated this did not sound like a full-time job for an- other person but felt it would take a full time employee to do the work on the Ordinances. Only three ordinances have been written in the past year due to lack of Planning Department time, and it is im- portant to get the ordinance structure prepared to implement the General Plan. Counc. Stokes agreed that with the amount of development going on in the City it is a full time job to prepare all the reports. It could cut down the time of Planning Commission meeting if this information was available at the meeting. Moved by Counc. Dempster, seconded by Counc. Stokes, that the City Manager be authorized to hire one additional person for the Planning Department staff. AYES: NAYS: Counc. Dempster, Johnson, Noel, Stokes, Fitzgerald None Motion carried, 5-0 V Discussion followed on the matter of the fence around the Mobil Oil station on Stevens Creek Blvd. and Wolfe Road, which was a condition attached to the granting of a Use Permit. Moved by Counc. Stokes, seconded by Counc. Dempster that the Use Permit re~uest for rental of trailers at the subject station be denied and cancelled. Motion carried, 5-0 VI A. The Director of Public Works re~uested approval for a change order on the Parks contract, necessitated by the need to incorporate certain work and items for coordination with the revised building plans. The total cost to be $245.00. Moved by Counc. Stokes, seconded by Counc. Noel, to approve the Change Order. Motion carried, 5-0 B. The Director of Public Works submitted a re~uest from the City of Santa Clara to reclassify Pruneridge Avenue through Vallco Park from a collector street to an arterial for gas tax purposes. Moved by Counc. Johnson, seconded by Counc. Dempster, to approve the reclassification. Motion carried, 5-0 -8-