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PC 06-26-79 , I ¡ ~ PC-3l2 CC-466 Page 1 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone (408) 252-4505 MINUTES OF JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCIL, CONFERENCE ROOM, CITY HAL CUPERTINO, CA SALUTE TO THE FLAG CALL TO ORDER: 7:00 p.m. ROLL CALL: CITY COUNCIL Present: Mayor Meyers Councilman Jackson Councilwoman Rogers Councilman O'Keefe Arrived late: Councilman Sparks, 7:40 p.m1 I adoption of Compre-I arrival of members POSTPONEMENT ITEM #1 PUBLIC HEARING to consider hensive General Plan, to allow for of the Planning Commission. NEW BUSINESS Mayor Meyers announced the receipt of a Staff Report postdating the one in the packets on ITEM #2, Report on bid opening for Traffic Signal Maintenance, Project 79-25, and award of contract. Mayor Meyer noted the negotiations were downward from the low bid of $42,045.51 to $39,521.51, with a recom- mendation of Staff for approval. He noted it was a 14.8% increase over the previous year. Coun. O'Keefe asked City Engineer Whitten, as the Staf member present with responsibility for the bidding, if t~e difference between the 22.2% increase and the l4.8% increase indicated t~e work was to be done by an unlicensed contractor. City Engineer Whitten advised that the bid was from the only licensed contractor in the area and that it had been t~e only hid received. He informed the Council of a Draft Spec for multi-city contracting for the service, which might further reduce costs. -~C-312 '::C-466 Page 2 MINUTES OF JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCIL I I Coun. Jackson ~nqu~red about object~ons rece~ved from I bidders of the previous year. I City Manager Quinlan explained that the firm negotiated ¡with at that time had gone out of business; thus, the negotiations with the present firm resulted. Going I back, he said he would like to respond to Coun. O'Keefe by advising that the maintenance agreement was for I regular and standard kinds of work to be done -- modi- I fication or damage work being covered under a unit price agreement. I I Coun. Jackson noted the unit cost breakdown and he was I assured by City Engineer Whitten that that was necessary i because damage recovery was possible in cases where the : police had reports on parties responsible. Otherwise, ! he said, hit and runs could not be pursued for recovery. I I MOTION: I Coun. Rogers, Approval ITEM #2, Project 79-25, and award of contract as per Staff Recommen- dations. Second: Coun. O'Keefe AYES: Coun. Rogers, O'Keefe, Jackson & Mayor Meyers Absent: Councilman Sparks I City Manager Quinlan advised the Council that the Staff t had wished to let the contract under the current year's i budget, especially, he said, in view of other negot- i iations going forward. I I t ! ITEM #3, Project 79-26, Report on bid opening for Mem- I orial Park Well. Staff Recommendation: Readvertise ! since no bids were received. VOTE: i ! MOTION: I ¡ i ¡VOTE: Coun. Rogers, to readvertise/Staff Advise Second: Coun. O'Keefe AYES: Coun. Rogers, O'Keefe, Jackson & Mayor Meyers Absent: Councilman Sparks ITEM #4, Resolution No. 5039: "A Resolution of the City Council of the City of Cupertino adopting a Memorandum of Understanding Between the City of Cupertino and the Operating Engineer's Local No.3." ¡MOTION: Coun. Rogers, for Executive Session Second: Coun. Jackson MINUTES OF JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMiSSION AND CITY COUNCIL Mayor Meyers stated he would go along with the agree- ment for Executive Session; however, he pointed out that they had met in good faith with each of the indi- vidual groups and had accepted the results of the negotiations. PC-312 CC-466 Page 3 Coun. Rogers offered to withdraw her motion and Coun. Jackson offered to withdraw the second; however, City Manager Quinlan stated that there would be no great difficulty in having an Executive Session, and he recommended it. VOTE: AYES: Coun. Rogers, O'Keefe, "Jackson & Mayor Meyers Absent: Coun. Sparks Mayor Meyers asked if, pending the arrival of Coune. Sparks, there might be questions or comments on the garbage situation in the City. City Manager Quinlan reported on the background infor- mation regarding the strike, which he had sent to the members of the Council. He offered to respond to need for further information. Coun. Jackson wished to know if it was possible that the garbage company, or the City, might be able to disseminate informatio~ as to the locations of the dumpsters (to avoid overflow in one dumpster while one down the street was empty). Town Center was cited as particularly critical. City Manager Quinlan agreed that the newspapers had not been effective. He explained that not establishin permanent locations had been a handicap; and he said the final selection of locations was based on places that would not create traffic problems while still being accessible to the public. Dead end streets were preferred sites. He said that information was being given out over the telephone. One problem came about through the dump closing at 3:00 p.m. (to enable the workers at the dump to get a cover after the last load of the day). And, another problem was working people not making the deadline. The last problem had been solved, somewhat, he said, by locating a dumpster at City Hall to accommodate them. Coun. O'Keefe recommended that future negotiations with Sanitation Companies should inélude, as part of the contract, the provision for the company taking re- sponsibility for advising the public in the event of labor dispute disruptions in the collection of refuse. City Manager Quinlan said they had been very helpful in this instance by helping with advertisement even though it is not written into the Ordinance. 1. Citation FFR MINUTES OF JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CIT1 COUNCIL .I'C-312 ;-466 Page 4 1. Coun. O'Keefe requested a CitatLon in the M~nutes for future reference. Coun. Rogers called attention to her letter to Sharon MacArthur at Trianon and advised the Council that she had received two replies. She said she would appreciate getting further information before she conferred with Merle Butler, and she said she wished to set up an appointment soon. Councilman Sparks arrived at 7:40 p.m. EXECUTIVE SESSION: 7:40 p.m. RECONVENED JOINT MEETING/PLANNING COMMISSION AND CITY COUNCIL: 8:15 p.m. ROLL CALL: PLANNING COMMISSION Present: Commissioners Blaine, Claudy & Adams. Absent: Ch. Gatto & Vice Ch. Koenitzer PUBLIC HEARING OPENED ITEM #1, CITY OF CUPERTINO: Public Hearing to consider the adoption of a Comprehensive General Plan for the City of Cupertino's Sphere of Influence including terri- tory involved in the proposed San Jose Boundary Transfer. Said Plan shall include the following elements: Land Use, Housing, Open Space/Conservation, Seismic Safety, and ENVIRONMENTAL REVIEW: The Environmental Review Com- mittee recommends the granting of a Negative Declaration. Continuation of Public Hearings. Mayor Meyer asked Assistant Planning Director Cowan if he would review the proposals of the most recent Staff Report and memos for changes to the General Plan. Assistant Planning Director Cowan asked if the Members of the Joint Meeting would agree to asking Mr. Ed Cali, and his representative, Mr. Tom O'Donnell, if they wished to speak to the suggested changes under Section ,2-37, Page 2-37, Planning Area 4. Mr. Tom O'Donnell, 101 Park Center Plaza, San Jose, CA 95113, for Mr. Cali, said that he understood it was not possible to take guidance from the responses to the sur- vey in The Cupertino Scene; although, he said, he hoped the members might take such guidance.. He asked if the singling out of the Cali Mill was a function of the Plan. If the idea was to have a historic landmark, he ad- vised that only the law could address and determine that question. The General Plan address to the question would require a Zoning Ordinance at a later time; and 1. Citation TBD) MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE FLANNING COMMISSION AND CITY COUNCIL I I , , che purpose of ord~nances ~s execut~on. He adv~sed thr members that the references to feasibility, elements, and bu~ldings -- words used in the proposed policy, , did bother him in the sense that the definitions of I the words were too general (and subject to interpre- I tat ion). Mr. O'Donnell expressed concern for the in- terests of che Cali family in chat utilization of the mill site by the Cali family was not present in the equation. In addition, he suggested it would be wise I to ask whether or not inclusion of the Cali Mills was necessary, and also, he said,the members should deter- mine a rationale for its inclusion -- if the mill was being included because down che road there might be I regret at not having done so, he felt they were "Willyr" nilly, putting it in to see what happens" down the line. He mentioned that he had thought the city was I talking about character and flavor (not elements). ¡ Elemencs would be hard co define. Indeed, he said, in! the ensuing time, the elements might be found not to bb , there. And, he concluded with the statement that the' procedure of placing the Cali Mill in the General Flan might cloud the property with unclear policies to the extent that developers would be uninterested working on it. in! , I I Mr. Ed Cali, president of Cali Mills, 20430 Stevens I Creek Boulevard, Cupertino, CA 95014, observed that I che Council was spending considerable time discussing I a mill operation that he had spent fifty years devel- I oping. He congratulaced the Flanning Commission and I the City Council for the dedicacion and the zeal with which they were pursuing the General Flan; however, hel' added, "...you are discussing things chat would affect, and effecc the welfar~ of his family and his business. , Mr. Cali related the history of the Cali Mills, I pointing out that the buildings were of the 20's vin- tage, with additions along the way (rebuilding as a ! result of a fire and additions to accommodate their business needs); and, he said the whole complex was far from being considered historic. As an example, hei explained, the silo (which had been mentioned with ! such nostalgia) had been conscructed by bolts and nuts¡ so that it could be dismantled and moved to a site the I family had purchased a number of years ago near the ! Ford PlanC. He said chat che naCure of the business I had changed so drastically that at the present time, I due co labor disputes and demands, government controls I and regulations, and the necessity for operating over I longer and longer discances to serve their clientele, I the family had to consider and make critical decisions[ for their business. Referring to the Cali Family sup- port in the founding of the City of Cupertino, and the Cali Family support of Town Center, and the partici- pation of family members in City government, Mr. Cali concluded that he wished, in return, that the City would treat them fairly. He hoped they would adopt a provision co retain the character and flavor, but PC-312 CC-466 Page 5 MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLA.NNING COMMISSION A.ND CITY COUNCIL I I -l'C-3l2 ;C-466 Page 6 above all provi.si.on for flexi.bi.li.ty for the Ci.ty and for the Cali Family. An in-depth and lengthy discussion by members of the Joint Meeting (Mr. Cali and Mr. O'Donnell participating) reviewed all aspects of the Cali Mill inclusion in the General Plan, and the result was the following motion and adoption of it by the Planning Commission. MOTION: Page 2-37, Planning Area 4, add to 1st sen- tence, by Com. Blaine,..."A development scheme should retain the character and, if possible, elements of the buildings of the Cali Mill site. Second: wi th Amendmen t: Com. Claudy, '.' . replace the last two sentences with.... "Feasibility should be evaluated on the basis of economics, architectural compatibility, and functional use..." VOTE: AYES: Com. Blaine, Claudy & Adams Absent: Ch. Gatto & Vice Ch. Koenitzer Mayor Meyers thanked Mr. Cali and Mr. O'Donnell for the help they had given the Planning Commission and the City Council. Mr. O'Donnell said that he realized the Cali Mill was included in the General Plan, but, he added, he still had problems with definitions that could be applied to the wording. He thanked the members of the Joint Meeting for thrashing out the issue, but he advised them that he and Mr. Cali were still unconvinced. And he said, in fact, they were against it. City Manager Quinlan said to Mr. Cali that it seemed to him that a feeling of propriety had developed in the community, and he said he interpreted that to the resi- dents wishing to have something of a lasting reminder of the Cali Family and the Cali Mills within the City of Cupertino. CITY COUNCIL VOTE: Mayor Meyer, to accept the recommendation of the Planning Commission for Page 2-37, Planning Area 4, to include the Cali Mills in the General Plan. Second: Consensus AYES: Coun. Rogers, O'Keefe, Sparks, Jackson & Mayor Meyers Absent: None MOTION: MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCIL RECESS: 10:50 p.m. RECONVENED to consider Elements #6 & #7 of the General Plan. PC-312 CC-466 Page 7 Coun. Sparks asked if all reports had been furnished by all departments of the City responsible to do so. I Assistant Planning Director Cowan reviewed the depart-¡ ments of the City responding with input. I Coun. Rogers said she had attended a meeting of the Public Safety Commission and was told that they had no comments or recommendations for consideration. , Mayor Meyer concluded that they had received all the I reports, comments, and recommendations that they neede¡- and were entitled to receive. Assistant Planning Director Cowan advised that tÞe I Planning Commission had been through the entire ~lan; I and, he said, the Council, in its effort to go through¡ the Plan, had stopped at Element #5 (the June 21 and i I June 26 Memos of Planning Commission and Staff changes respectively) . I Page 6-11, Assistant Planning Director Cowan said, hadl the information of acceptable geological risk. He sai~ they had tried to find a breakpoint between protecting' people and the economic cost associated with the pro- tection. Page 6-12, Table 6-B identified the land use groups; 7 groups, 1 through 4 being low (structures should withstand stress more efficiently than others) and would remain useable, 5-group being of lesser im- portance for useability or degree of intactness after stress. He advised the Joint Meeting that the stan- dards of the Uniform Building Code, 1976 Edition, had been met. The risk was high but the level of exposure should be low; and, he agreed with Com. Jackson that perhaps it should be turned around. Page 6-15, seismic hazar~s, Coun. Sparks noted, called, for more detailed soils analysis and- he asked if costs pro- cedures had been established. Assistant Planning . Director Cowan used the example of Vall co Park, where ¡ if and when they built their hotel, the applicant would be advised of the seismic safety Element coverin relative degrees of hazards that might require ad- 1 ditional guarantees on structure (s) safety. City Manager Quinlan asked if there had been an attemp to define large in office building, apartment building or hotel building. MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLANN¡&G COMMISSION AND THE CITY COUNCIL PC-3l2 4. ~C-466 Page 8 Com. Blaine asked about club buildings and that they be added to the group for determination of occupancy levels and determination of total-time occupancy levels. Also, churches, she asked, as quasi-public edifices -- would they require a report and a determination of safety levels in numbers for occupancy. City Engineer Whitten advised that overall soil reports are on small building and are for determining footing design. He said soil differences would require a further report and further study. Hill buildings would require the geological reports in depth. City Manager Quinlan. asked if there were studies to cover installation outside the City jurisdiction; such as those governed by PUC or other utility, which would make enforcement impossible. Assistant Planning Director Cowan pointed out that the source of their information, Page 6-12, Table 6-D, essentially states the recommendation. It was concluded that the City probably had no control over location, standards, or use; control over structure being possible. ---_._~--- .. Page 6-28, Add Policy after 6-7 (either 6-8 or 6-7, a- or b-, as per June 21 Staff Recommendations. . - City Manager Quinlan suggested that MasteJ::_.¡;'iJe PUnning was developing both locally and in federal government, and that he said would include aspec~s ~tbcr than fire stations and would take into account trade-offs econom- ically -- Mountain View being a leader in saying they were limiting their area of firefighting. He advised 'that this would require buildings to conform tocertaLn ·GPMs, and maintaining the best balance possible to pro-· vide protection and hold costs to the public. The mis- conception that a plethora of fire stations reduces in- surance and increases fire protection is no longer ap- plicable. He recommended a Master Fire Plan Stud~, which he said was going forward in some areas, and he added that municipal fire insurance programs were bèing investigated. Mayor Meyer recommended inserting the subject and the information covered prior to Policy 6-7. Coun. Rogers asked if water pressure, pumping, and citizen activity to protect and h.e1p was covered in the General Plan. City Manager Quinlan advised that those things would not be included. Coun. Sparks advised that if one were MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE FLANNING COMMISSION AND THE CITY COUNCIL anywhere from 1 to 7 ~n protect~on p1ans, then the same rate prevailed. Commercial and industrial are totally different, he said. Apartment buildings go from $5,000 to $lO,OOO/year difference. PC-312 CC-466 Page 9 Page 6-24, Cou~ Rogers asked to what end they were going to debate the inadequacy of water pressure. City Engineer Whitten said the boundaries were going to be changed and the map revised. He stated that 99% of th time the pressure is adequate. And, he said there was hope of an in-depth-detail study of the water system by November 1979. Page 6-40, Policy added. Assistant Planning Director Cowan said that to hold the L-l Standard noise should not be exceeded over 1% of the time (55 DBA). The State standard (based on 24-hour samples) was inade- quate to their efforts to adopt a goal, which would be inserted in the General Plan after Policy 6-12 or Strategy 3. General discussion followed on the economic impact, construction impacts, and the general impossibility of reaching that goal. It was agreed that L-l was re- strictive, and possibly destructive of the .o~l to add housing in the City. Assistant Planner Piasecki said they were talking abou closed areas with air conditioning, solid glass, thick wall structure, and computations of 55 DBA determined on closeness to roadbeds, etc.. He said the 55 DBA was a standard from which they could deviate depending on situation and circumstances. Concern was again ex- pressed for the cost; and, it was promised that more information would be forthcoming. Com. Claudy & Com. Blaine said that when the issue was discussed at the Planning Commission level, although they had asked for cost information, it had not been provided. They suggested that the cost information be presented to the City Council at their July-Z, 1979 meeti g, and a decision rendered at that time. Mrs. Ann Anger, 10185 Empire Ave., Monta Vista, CA admonished the Planning Commission and the City Counci on the grave error that had been committed in building two-story homes along Foothill Boulevard, and she said it was compounded by the three-story Lutheran Home. She said single-family homes ~th trees and greenery to buffer would have ameloriated some of the noise from traffic. Building walls high enough, or structur~s with walls thick enough to create sound barriers not i being possible, she urged the City to better planning., i 1 MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCIL PC-3l2 CC-466 Page 10 Com. Blaine pointed out that the buildings referred to had had to meet state standards -- the single family homes being excepted from those standards. Mayor Meyer requested information on testing the effectiveness of the development in noise, total cost, construction-increase costs, etc. The City Staff agreed to provide a report. Com. Adams Noise Standard L-i~(i%) definition of level not ;.·~excee,fe(f'1%-o-~o-ftïi.-ce- c-tIJ11e-~" "OC--- ---co-- ------c,---- --- --.'-c----- - - ------ __ ~.,._.__._~~~.~_'__W ,.. - - ~- -'------- --- - ---.--.----- Page 6-34, Policy 6-11, to be inserted by Staff/Memo of June 21, 1979. Page 6-47, Policy 6-17, Coun. O'Keefe suggested the insertion of "...preferably voluntary..." because, he said, it would be voluntary, hopefully, but could be controlled if necessary. Page 6-55, Policy 6-26, Coun. Rogers wondered if on crime and disaster there was a need for informing resi- dents of their responsibilities, and she asked if it was not a City responsibility t¿ actively inform the resi- dents of hazards and to provide instructions. She said she had in mind something like 6-30 for crime and flooding. Com. Blaine educate the Such things addressed. not come up explained that the General Plan sought to populus in prior planning for emergencies. as sources of food and shelter had not been In fact, such a large-scale undertaking had or been discussed at all. City Manager Quinlan referred to the statement on the subjects in the General Plan; but, Coun. Rogers said her interest was in a Policy, Policy 6-17 not seeming to her to cover the subjects adequately. She felt that advice and instructions to cover all emergency contin- gencies should be included in the Plan, and separately. City Manager Qµinlan agreed that the burglary pre- vention plan, which had been very successful, if it suited the Commission and the Council, could be used as a model for other emergency situations. Coun. Rogers said that citizens should be self-reliant. However, she said it seemed to her, in the event of a breakdown, there should be some direction in the General Plan for outlining the responsibilities of the City. MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND THE CITY COUNCIL Com. Adams suggested adding it to Policy 6-25: general LnstructLon for prLor plannLng and protectLon. PC-312 CC-466 Page II Mrs. Unger interjected the idea that animals would De a problem in case of disaster; and, she suggested some- body should handle provision for penning animals during emergencies. The humane society, or veternarian groups, etc., might be prevailed upon and be invited to act- ively participate in the program. Generally, she said, using swimming pool areas, tennis courts, any fenced areas would be-planned ahead. SECTION 7, GENERAL PLAN . IMPLEMENTATION Page 7-2, Policy 1, Com. Claudy felt that the City should encourage annexation of areas over 100 acres. Com. Blaine explained that "actively pursue" meant going ahead with enforcement of MORGA (sic) -- take them in. Mayor Meyer said that although the City Council has no set policy, the City is providing information and edu- cation from City Staff. City Manager Quinlan said it was his understanding that they were pursuing and incorporating those areas. In response to Coun. Sparks, he said the City, in effect, was saying, "We'll pursue, create the Master Plan, get it up to the point of saying that all areas under 100 acreS will be annexed." PLANNING COMMISSION MOTION: Com. Blaine, Claudy & Adams revised Policy 1, Page 7-2 to read, ... "shall incorporate, under..." and add ..."encourage..over 100 acres. . . It Second: Com. Claudy VOTE: AYES: Com. Blaine, Claudy & Adams. Absent: Ch. Gatto & Vice Ch. Koenitzer CITY COUNCIL MOTION: Coun. Rogers, that the Council revise Page 7-2, Policy 1, to read as originally submitted. VOTE: AYES: Coun. Rogers, O'Keefe, Sparks, & Jackson, & Mayor Meyers Absent: None. MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE FLANNING COMMISSION AND THE CITY COUNCIL - PC-3l2 CC-466 Fage 12 Ass~stant Plann~ng D~rector Cowan called attent~on to the annual review, Page 7-2, and suggested an added Policy of a 5-year review by an Ad Hoc Citizens Committee. City Manager Quinlan said he would recommend... "the General Plan would be reviewed annually by the Planning Commission, the City Council, and every five years by an Ad Hoc Citizen Committee..," Com. O'Keefe said a committee might be forced into being without need. City Manager Quinlan pointed out that the original Ad Hoc Committee had been formed in 1970, the General Plan was adopted in 1979, and five years hence would be a long time from the f~rst interest in the plan, and he felt including the five year pro- vision would be wise. ssistant Planning Director Cowan said Page 7-3, last aragraph, and the Plan Implementation Chart was a eneral directional plan for following up the general hrust of determinations of the Plan. S~nce it was not et in concrete, and amending it would be_unIlecessary '. t could be viewed as a scorecard to evaluate and judge he General Plan consistency. age 7-5, Policy 3-15, Mayor Meyers asked for inter- retation of Capital Improvement rated "medium" in erms of priority and asked if the landbank policy, ousing funds were not to be used. Coun. Jackson said e felt it was an immediate problem and should have a igh priority. Mayor Meyer said that money put aside or landbanking would be eroded by inflation, and he elt that land should be acquired now. Coun. Jackson greed. olicy 3-19, Mayor Meyers recommended high priority ity Manager Quinlan advised that he felt that crime revention and public safety should take priority. om. Rlaine said the chart, in her estimation, actually represents city resources in funds and time, and a com- bination of effort of the Staff from direction of the City Council: immediate programs blacked out, and five years down the road being blank. Assistant Planning Director Cowan said that direction for implementation and priorities would come from the City Council and change relative to current importance of various projects. He asked if there were any areas about which the Council had further questions. MINUTES OF TRE JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCI~ Fage 2-38, F1anning Area 6, South Saratoga-Sunnyvale Road, Memo June 26: Planning Commission and City Counci agreed with Staff Recommendation. FC-3l2 CC-466 Page 13 Page 2-26, Policy 2-32 Ca}, Coun. Rogers said that afte the drowning of a S-year-old, the Youncy child, the Fountainbleu maintained that they still ware not going to fence in their pool. After discussion it was de- cided to check into the conditions of fencing require- ments for pools more thoroughly, and if necessary, de- lete the reference from the General Plan. Page 4-20, Policies 4-6 & 4-7, Com. Sparks questioned the reference to curbs and gutters, DUt not sidewalks being mentioned. He added that enforcement of the Ordinances for installation of curbs and gutters and sidewalks would ameloriate the problem of dedicated streets not being up to standard. He recommended en- forcement. City Manager Quinlan explained that the question was annexation-related in that the annexation policy says that the City doesn't force curbs and gutters as a con- dition for coming into the city. Curbs and Gutters wuuld be put under an assessment district, which might not be available under Proposition #13. He said that the installation would be triggered by somebody startin to develop. Then, the developer is told that curbs and gutters would be required. He added that there was no element of force written into the Policies. Coun. Sparks said that he was referring to under stan- dard width streets, improvements not made, and home owner and City not making the improvements. City Manager Quinlan explained that deferred agreements enabled the City to collect enough installation to be done that it would be more economical to all concerned, and at that point it was possible to enforce the stan- dards. (Mrs. Unger volunteered that new areas could vote on bonds to improve streets and roadways.) But, City Manager Quinlan advised that each assessment dis- trict would have to be validated (as to whether or not it would be under Proposition #13 -- a special tax, Or an assessment, which does not. He said the Californ·a Supreme Court would make the decisions in the whole are of assessments and bonds, and legislation might be re- quired. Although a sidewalk would normally be required in an unimproved area (like the Monte Vista Area), where the right of way varied from 30 ft. to 40 ft. totally, he said in that and similar areas the stan- dard width could be acquired only by setting back buildings or cutting off porches. He pointed out that PC-312 CC-466 Page 14 MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE PLANNING COMMISSION AND CITY COUNCIL the Policy under discussion did not apply to that problem. He continued that in the first sentence he thought it was saying it applied to existing streets. The second sentence applied to generally unimproved neighborhoods. In response to Coun. Sparks contention that all people coming into the City be required to have curbs, gutters, and sidewalks, City Manager Quinlan explained that it could not be forced on them. He said the City of Cupertino takes a position opposite of the City of Santa Clara (for è.xample), which is to say that annexation does not key the requirements for improve- ments. The City, under the Policy being discussed, said "we take the area in; and, when that st~eet is im- proved to city standards there shall be curbs, gutters, and sidewa1ks"(where the area involved permits it). In other words, he said, the City will create an assess- ment district after having the understanding that the cross streets would be brought up to standard and curbs and gutters and sidewalks would be installed. Lack of space preventing the full City standard in some areas, the goal would be to obtain as full a street width as possible, and practical with the space available. Working together the Members of the Joint Meeting sug- gested the wording of Policy 2-32 (Page 2-26) to read ...."as annexed into the City, the street curb, gutters, and sidewalks would be required to be brought up to City standards when new development occurred. Page 5-5, Kaiser Permanente, Coun. Rogers questioned leaving the impression that Kaiser had eliminated all air pollution Cas it seemed to her was the impression of the report printed ), and she said the General Plan should continue to pursue air pollution, particularly of the particulate matter. She asked for removal of the conclusive statement that Kaiser had cooperated and removed the problem. Or, indicate, somewhere that fine particulate matter was a continuing problem. The clause was added at the end of Storage and Crushing -- .. . and. .. "f Lne p articulate matter." Or, a s ta tement to say that since reduction was only in the large par- ticulate, effort should be continued to reduce small or fine particulate matter. Page 5-30, Page 29, Assistant Planning Director Cowan said he wLshed the Commission and City Council to make note of the recommendation of Staff that the Simm's property be purchased. Further, he stated that in con- versatLons with Mr. Stocklmeir, the possibility of his desire to have a portion of his property turned over to a recreation area of representative period-farming op- erations could be held open pending family discussions. The dedication of a model farm was interesting to Mr. Stocklmeir and could remain an option for the City. MINUTES OF THE JUNE 26, 1979 JOINT MEETING OF THE ~LANN1NG COMMISSION AND TRE CITY COUNCIL Assistant Planning Director Cowan also advised the Council and Commission that th.e "Trail Plan" h.ad been dropped. The possibility of an informal trail might still exist. Page 2-32, Use Intensity Constraints, Coun.Jackson, referring to fast-food restaurants, was assured they were covered in Policies 4-16 and 4-17. PUBLIC HEARINGS CLOSED PLANNING COMMISSION CONVENED TO RECOMMEND ADOPTION OF TRE GENERAL PLAN BY THE CITY COUNCIL. VOTE: Absant: MOTION: VOTE: MOTION: VOTE: AYES: Com. Adams, Claudy, & Blaine Ch. Gatto & Vice Ch. Koanitzer Com. Claudy, to close the Public Recommend a Nagative Declaration Genaral Plan. Sacond: Com. Adams Hearings and of the , i i i i I I I Com. Claudy, recommend to the City Council ! of tha City of Cupertino that the General Planl as amanded by Staff Mamos of June 2l and ! Juna 26, ba adopted. ! Second: Com. Adams i ! i , I i i i ! , , AYES: Com. Blaine, Adams, Claudy Absant: Ch. Gatto & Vice Ch. Koenitzer AYES: Absent: Blaine, Adams, Claudy Ch. Gatto & Vice Ch. Koanitzer. CITY COUNCIL PC-3l2 CC-466 Page 15 MOTION: Coun. Rogers, for adoption of Resolution #5039l Item #4 of the Agenda, be adopted. Sacond: Consensus VOTE: ATTEST: AYES: Coun. Rogers, O'Keefe, Sparks, Jackson & Mayor Mayer Absent None APPROVED: d!~~, ~¿jf~; Chairwoman Blaine