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CC 03-31-69 CITY OF CUPERTINO, state of California l0300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 CC-7 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD MARCH 31, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, GAL. The meeting was called to order at 7:35 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Dempster, Fitzgerald, Stol:es, NoeL Planning Commissioners present: Hirshon, Buthenuth, Puetz, Frolich. Absent: Commissioner Irwin. Also present: City Attorney Anderson; City Manager Storm; City Clerk-Finance Director Ryder; Director of Public Works Yarborough; City Engineer Boyd; Senior Planner Laurin; Assistant Planner Eng; Recording Secretary Lucie M. Matzley. Mayor Noel advised the audience that this meeting had been called for the purpose of a joint discussion of the City Council and the Planning Commission of policies relating to the Foothill Boulevard area and methods of developing the hill areas within the City of Cupertino. Further, that this was: a public meeting, not a public hearing, and that certain business matters needed to be transacted prior to the discussions of the matters at hand. Resolutions 1. No. 1766: Adopting the Cupertino General Plan for Cupertino- Monta Vista Planning Area. Councilman Fitzgerald moved for adoption, Councilman Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. No. 1767: Intention and Necessity to acquire certain real property within the City for street improvements. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, ~oel Noes: None Absent: None New Business 1. Authorizing execution of agreement for population estimate by State Department of Finance City Manager Storm introduced an agreement with the State Department of Finance for conducting a population estimate within the City of Cupertino, the results of which are the basis for subventions from the State. He requested a minute order authorizing the Mayor aD<i City Clerk to execute the agreement. c9.11 to orrler flag salute roll call purpose statecl Res. 1766 adopted Res. 1767 adopted population estimate page 2 agreement authorized salaries Res. 1768 adopted Res. 1769 adopted salary 3. PW directo step authorized manager matter deferred Minutes of the City Council Meeting March 31, 1969 CC-7 New Business cont'd Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that the Mayor and City Clerk execute the agreement as presented by the City Manager. 20 Revision of Salary Schedule Finance Director Ryder explained a previously submitted fact sheet on a proposed revision of salaries, pay periods and pay days. He requested the concurrence of the Council to effect a revision of the payroll system from a monthly basis to a weekly one with bi-weekly pay days instead of semi-monthly. Councilman Fitzgerald moved for adoption of Resolution No. l768, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Stokes, Fitzgerald, Noel Noes: None Absent: None Councilman Fitzgerald moved for adoption of Resolution No. 1769, Councilman Stokes seconded . Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Salary for Public Works Director City Manager Storm introduced Mr. Yarborough, the recently appointed Director of Public Works, stating that the positions of Public Works Director and City Engineer had been combined necessitating a placement on step 2 of that salary range rather than step 1 for a monthly re- muneration of $1315. Councilman Dempster moved for minute order approval to authorize the placement on step 2 of the applicable salary schedule. Councilman Fitz- gerald seconded and it was passed unanimously. 4. Report of City Manager Mr. Storm explained that Peninsula TV Power, Inc., a cable television company, was installing certain equipment for the City of Sunnyvale and was requesting authorization to run cables along telephone poles situated in the City of Cupertino. According to Mr. Storm, the television company had agreed to run their cables underground wherever the City cables were already underground and place any overhead cables below the ground whenever the City would ultimately require them to be underground. Councilman Dempster stated that he had received a phone call from the attorney for the television company in which the attorney had promised his attendance at this meeting. It was Councilman Dempster's suggestion that this matter be discussed upon arrival of the attorney. Councilman Stokes so moved, Councilman Beaven seconded and it was passed unanimously. Minutes of the City Council Meeting ~~rch 31, 1969 CC-7 page 3 New Business cont'd 5. Discussion of Policies for General Plan for the Foothill Boulevard area and for hill developments within the Cuper- tino Planning area. general plan discussions Senior Planner Laurin presented a series of color slides of maps demonstrating various concepts for development of the FoothUl Boulevard area as well as the hills within the Cupertino PlanninE area. Maps of the Foothill Boulevard area presented a study made about two years ago indicating population and traffic prognosis, required public and semi-public area and a suggested community center which would not only be a shopping center but also have civic, cultural and entertainment f\L~ctions, would incorporate vistas toward the hills and would present an aesthetic and interesting facade toward the major thoroughfares. Mr. Laurin said that conditions had changed as a result of subsequent rezonings and increase in density and that the study would need to be up-dated. He suggested that the need for various municipal facilities be computed for a maximum and a minimum population, the former assuming that all undeveloped areas be zoned for high density apartments, the latter that they be zoned single-family residential ~:ith 7,500 sq.ft. lots. The following maps of the hill area were shO'wn: a. a map indicating exi~ting grades; 20% to 50% and those over maps of 50%. Mro Laurin pointed out that the Cupertino hill a~ea grades is much steeper than most developed areas with very few areas below a 20% grade, the development of which would require unconventional methods, paying the utmost attention to erosion control. b. a reproduction of the recently completed map commissioned map of by the City, with existing b'.lildings, present City limits boundaries and boundaries of County and City parks colored in. c. four maps with schematic diagrams of development with developmen~ 7,500 sq.ft., half-acre, acre, and five-acre lots. Accord- maps ing to Mr. Lauri.n, standard tract development. or half-ecre lots would be ruinous to the terrain, conventional develop- ment of acre lots with proper erosion control would be expensive, and even five-acre lots would present problems. Mr. Laurin cautioned against circumvention of minimum lot I size by development of ridge tops with narrow lots extending down the slopes, with most of the land inaccess ible and not useable. d. a fairly detailed map demonstrating the cluster principle cluster with Wl overall density of one dwelling unit per gross principle acre. One-family homes on relatively small lots, town- houses or terrace houses would be concentrated along a few roads where the terrain is less difficult, the relatively flat tops of hills and ridges preserved as public parks or common areas as they are the only areas that could be utilized for recreation, and most steep hillsides untouched. page 4 Minutes of the City Council March 31, 1969 CC-7 New Business cont'd map of planned city e. a profile and perspective map depicting a "Planned City with 100,000 people" where all functions of the City would be considered in advance. The suggested city would have an overall density of four dwelling units per acre, excluding industrial areas, but with high-density in spots and about 90% of the area left open. An essential part of the concept is that the relatively flat tops of the ridges would be preserved for public parks, and that no building would stand out against the skyline. Mr. Laurin also mentioned the possibility of not developing the hill areas at all, in which case the land or the development rights must be acquired by public agencies in the future. He emphasized that the presentation did not intent to favor any of the presented alternatives over another. Planning Commission Chairman Frolich was confused as to the purpose of the meeting and stated that the Planning staff had previously been in- structed by the Planning Commission to develop plans and methods to approach the development of the hill areas. Also, that there are only two staff members in the Planning Department and that requests for additional studies and submissions of reports would put an extra burden on the already heavy workload of the Planning staff. There were audience comments relative to opposition to high-rise structures, high-density developments, inadequacy of streets, necessary facilities, precedents set in the Los Angeles area by the sliding of hills due to recent heavy rains, and adequate facilities for fire equipment to service the area. City Engineer Boyd emphasized the fact that no road system is ever adequate over a period of time as population changes and the need for streets and improvements change along with the population; however, that it was the purpose of this evening's meeting that the staff be afforded some guidelines by the Council for the approaches to be taken to ultimately develop the hill areas and accommodate a projected population increase of an additional 100,000 people. Councilman Stokes took exception to the statement made by the City Engineer that the population might be an additional 100,000 people and said that a population could only be as large as this City Council, or any subsequent City Council, would permit. A figure of 100,000 was, in Mr. Stokes' opinion, excessive and there was no data which would back up this projection. Mr. Stokes also stated that the conversations and discussions were diverting from the actual purpose of the joint meeting. In order to make a sound decision sometime in the future, Mr. Stokes felt that the staff consider the following items and make a report to the City Council and the Planning Commission before densities, variables and the like are decided upon. He did not want the approach to be based on low vs. high density and also requested an estimate of the time for completion and costs for consultants, if they were needed. Minutes of the City Council March 31, 1969 CC-7 page 5 New Business cont'd Councilman Stokes requested consideration of the following areas: 1. Water; how will it get to the area, where will the pumps be installed, etc.; 2. Storm drains; how will they run out; 3. Sanitary sewers; has the Sanitary District been contacted as to their requirements and needs; 4. Soil and geological reports; have they been obtained; 5. All other utilities such as electricity and gas; will there be underground or above ground installations; 6. Lot size; minimum ~nd maximum; 7. Density? 8. Types of zoning; sêanda~j or otherwise? 9. Hillside Ordinance: are the present Ordinances adequate or do they need improvement for that very purpose? lO. Fire protection; is it adequate and should certain developments be undertaken to prevent the spread of possible fires? I 11. Horses; a problem now and ,fhat to do about them in those areas? 12. Flood control a.~d water conËervation in the area? 13. Height of the buildings; so that they don't project against the skyline; areas of l4. Overall aesthetics; should H Control be required to decide on concerL all structures, including residences? ¡cited 15. Street design; they are not adequate now and certaiLly wil: not be adequate for the hill artS because of the nature of the terrain, with special emphasis on retaining or regaining the natural terrain and preventing scars; 16. Grading; and its effect on erosion and aesthetics. In Mr. Stokes' opinion, present Ordinances are inadequate for that purpose; l7. Re-plantingj to regain the natural growth of the hill side area; 18. Limits of grading periods; 19. Major street circulation; once the streets are designed will it be possible to feed the generating traffic effectively into existing streets? Mr. Stokes stated that all these questions would need to be answered in depth before any direction can be given the staff as to the method of approach to the various problems. Mr. Stokes maintained that this meeting was preliminary in nature and was not designed to find, and, I certainly not to give, answers at this time; however, he did want these things done in preparation of deciding upon directives to give to the staff. Councilman Fitzgerald read a communication from the Planning Policy Committee which stated, in part, that "the overall density of the hillside should be 10Her than that on the Valley floor". Councilman Stokes said that, since he had been the one to request the joint meeting, his intentions had been to discuss the items necessary before having staff proceed with a master plan, or any plan, and then have to constantly revise same because of lack of prior planning and directions. page 6 Min~tes of the City Council March 31, 1969 CC-7 New Business cont'd Mayor Noel concurred stating that the problems needed to be identified before they could be decided upon through directions to the staff. It was Mayor Noel's opinion that all the staff needs to do is read the minutes of this meeting carefully and get all the instructions they need for a preliminary approach toward preparing a report to the City Council and the Planning Commission as to how some of these problems can be handled. Councilman Stokes mentioned that terms such as density are entirely too broad and general and mean different things to different people. Councilman Beaven concurred with his fellow Councilman and felt that the best way to arrive at a conc¡usive decision would be for the staff to prepare a report with two alternatives wherein two substantially different approaches might give the City Council a broader base of data background by which to make a decision. Further, that the staff suggest a sequential time- table to which they could adhere in the preparation of the various information to be assimilated. For example, prepare one plan with a high- density, high-rise construction proposal and another with low density, residential single-family type dwellings, all for the perusal and subsequent adoption by both the Planning Commission and the City Council. Mr. Frank Purcell, a member of the audience, wondered about the figure previously mentioned as 100,000 additional people within the City limits of Cupertino, Mr. Purcell suggested that the City Council might consider a closing, as it were, of the City; in effect, a means by which, once a certain population figure is attained, the City shall be closed to all newcomers. Councilman Dempster, in reply to the last audience comment, stated that such a method was beyond comprehension as no one can assume to decide upon any plan as being ultimate, and that an attempt to keep people out of certain areas was, apart from not workable, unconstitutional. City Engineer Boyd stated that the 100,000 population figure had been suggested as projected, but certainly not as a proven fact; however, statistics show that that many people are going to embark upon this ares within a given period of time. In answer to questions posed by Planning Commission Chairman Frolich, City Attorney Anderson stated that anything that is being proposed at the Planning Commission level or the City Council level is subject to Public Hearings at which the citizers have the opportunity to make their views heard. Councilman Fitzgerald felt that the planning staff had still not been given any real directive. Mayor Noel reiterated that the minutes of this meeting contained enough basic information for the staff to be ablE to prepare some preliminary method of approach to various problems with a view toward the ultimate development of the foothill areas. Minutes of the City Council March 31, 1969 CC-7 page 7 New Business cont'd Mrs. Juanita Mcl,aren showed a reel of movies taken of certain con- structions now in existence in the areas under discussion which showed that the hills had had massive earth movement during the recent rainy season. She emphasized strongly the necessity for retaining measures and a definite need for H Control to rule upon not only the structures but the aesthetics of the constructions to be built. Mr. Earl Gregory, another member of the audience, said it was difficult to find substance for practical development. He questioned the rights of property owners and stressed the economic burden placed on them for the retention of the natural state of the area. City Attorney Anderson answered the comments by outlining the laws which govern the policy making bodies of all jurisdictions. He pci~ted out that the end result is a mixture of those desires and positions of all interested parties including experts in various fields, govern- mental entities, property owners and neighbors. Senior Planner Laurin summarized his presentation as including fo~r possible alternatives: 1) conventional; 2) recreational; 3) clusters, and 4) high rise. He stated that, in his opinion, the planning staff had received sufficient direction during this meeting to proceed with certain plans in preparation of reports outlining avenues of approach to the problems at hand. At this point, Mayor Noel recognized Attorney Donovan, representing Peninsula T. V. Power, Inc. Mr. Donova.."l stated that this company had 'Jeen granted the franchise for a community television in Sunn~'Vale and 'JaS no; negotiatIng a lease for a Use Permit to construct a tower in I Cupertino and be allowed the use of telephone poles along which the cable" for the television would need to be run. According to Mr. Donovan, all that was needed was the Council's authorization to run the cables, which shall be of regular, residential area size, along the power poles located in the City of Cupertino. Councilman Stokes queried why the tower would have to be erected in Cupertino and the guarantees this City would have that, upon demand, the power lines would actually be placed underground at some later time. This would be of great cost to the company, and he knew nothing in connection with their solvency. Also, what would happen if Cupertino grants its own cable television franchise and where will the tower be placed for its own needs, if the proposed tower is authorized. Council- man Stokes said that he was not sympathetic to the request since there were no franchise agreements with this, or any other, cable television company and that, in his opinion, Cupertino comes first in all deli- 1 berations. Mr. Bennet, the general manager of the Peninsula T.V. Power, Inc., told the Councilmen that, at present, only a letter is requested from the City Council which would indIcate the Council's willingness to authorize the running of power lines along the existing telephone poles within the I City of Cupertino. This was needed so that negotiations could be started with the telephone "ompany for a permit to run the oables along thei~ poles. page 8 matter referred to staff Minutes of the City Council March 31, 1969 CC-7 New Business cont'd Councilman Stokes felt that the company would be utilizing public prop- erty to facilitate services for Sunnyvale and that the people of Cupertino should be reimbursed for such use of its facilities. Mr. Bennet agreed that he was not asking for any special considerations and that all reasonable cost would be borne by his company for the use of public facil- ities within the City of Cupertino. City Attorney Anderson commented on his belief that the approval as re- quested by this company constituted the granting of a franchise even though it might not be exclusive and such would make it liable for reasonable franchise fees to be paid to Cupertino. In response to questions by Councilman Beaven, Mr. Bennet replied that the cable size was similar in size to that of a thumb, homes would be connected by a service drop, no additional cable would be required in Cupertino for system growth in Sunnyvale nor would such require a change in cable size. Shielded cable would be used and the testing of it would be by the F. C. C. Councilman Dempster moved that this matter be referred to staff with the directive that the attorney for the applicant, the City Manager and the City Attorney discuss the matter and come forward with a report and a recommendation for or against allowing the cables in Cupertino and, if they are in favor of the cables being run through Cupertino, what charges should be levied and under what type of franchise agreement; and that should another cable television company be granted a franchise with the City of Cupertino, this present company shall not have an exclusive right. Councilman Beaven seconded and it was passed unanimously. adjournment Mayor Noel declared the meeting adjourned at 9:52 p.m. APPROVED: ~~ cf ~~ Mayor, City of Cupertino ATTEST: