CC 06-19-62. ,, _..... AL 2-4505
1�1 30. SARATOM -�AIB AOAD
CITY OF CO PBRTI -g0
MMow m OF ADJOMUD Rg MM PJEETM OF TER CITT CODICIL - JDMB 19, 1962
VACB: 1p0321 30. 3srat0gg- gurnyvale Road
SRVAS TO "a VIAG
2B
MM
Oamcl2MM yrnamt. Dew'- Rifshr $mss gsattl
Jewett
Rey: PluWO A oMt: MOD; �t 1 iiitf Clerk
slat! Pre/iletf City llar� ,. tY
js The Myor 00amd the meeting ce aon"d, °i the gsmh John and
ter-the'r orta attendance and tifl6
asst Zee a�t'ael301e0s0�nt a/d shWld t>,los place m Parlefteell
be 0 to tion, go
the Cl�` tF i�omsil Df ethe �adoomm and doe wrss
u necessaw. go said that he would like to start the discus -
Sion with the Chairman of the PlarminB commission, Mr. Sayder-
Coedaeloner MUftr said that be would like to Provo" a few
questions. first, on the status of the Master Plan and the
status of the Planner himself -- when is be expec ted on the
job and what is supposed to be the role of the Planning C'
mission in the various Phases- Second, what about the zoning
ordinances -- should the Commission review each awe, or certain
ones, and should they propose amendments? Third, chat about
the financial status ofat the
eeCiiy�roveoentsCae c1? considering
bond issues to finance
The Mayor then addressed the next Commissioner in line, Mr-
Fitzgerald, and asked him to ask any questions which he would
like to have answered.
Comissloner Fitzgerald asked if the Planning Consultant has a
specific date on which to start work with the Planning Omis-
sion. He also asked whether the Consultant would Prepare the
zoning ordinances or whether the Commission is supposed to.
Commissioner Frollednquir stations, abffist is St -the intent ity
Policy flatly opposed s or are the? to be
Prohibit them if such can be done legally,
allowed in any C-1 -8 zone, or should the City be selective
about them? go also raised the question of Ordinance 160 and
the fact t attached a ordinance and erdes not agree with mt of
the graph � Is
Comissioner Small asked about "Policy" and the Pressure for
rezones. and
The It g
ht be good to have now of� the eansasers to tthetinitialid
question about the atatus of the Planning Consultant ao that
the Catmil and the Planning Commission can be brought uP to
date on the Proesedings, also the relation between the Consul-
tant and the Comisdon-
the State for NOW moths �nce lasttOctober) and that the re
long delay sboald be considered in terms or the feet that the
menntts aThe Cupertino appliccaation baeeand the State GovOrn approved by the Fed-
eral Government, and it is now simply a question Finance,
money will be remitted to the State Department
which In the apmey for transmitting such federal runda to the
JUN
-1-
Cities and is the agency administering the program- Recent pkme
calls have indicated that the coney may COW into the State of-
fize this reek and will most likely be here by the end of the
month, aepray. The Plaugreng firma operate on the basis that
work can be started only after the funds have been ted
otherwise, the City would have to pay for the work Itself.
She Mayor asked the City Manager if the Plazz Log Commission should
work with the Consultant and how, Faster ratan should review the
ordinances, their opdniaos
ma City Manager stated that it would be a big help to the City
if the Planning Conslsalon would review the ordinances prior to
the work of thatP�Mhgil �
elcnu Ion nuah'OW4 about the onside ordinance, the light
Industrial ps* In* d111O10 -, and other r�tlstlons which there is,
atbot the Dreamt tlmo go OX41namme the Plasmimg Oo�satan Would Conftifn�wt wrk indication these
matters.
ConsSssiooar Leonard asked about the mm ing of the card. cello-
nation. ha acid that he has been led to a demtend that there
Ula—Zifference betmbm an allocation Intl the actual rasdssioh
of money. ta asked fbr clarifieation of this point and bow
Cupertino might be affected. 7bs City Manager answered that
the allocation does meanly mean that the money has been ear-
marked, and the actual grant of money is another process; but
Can
Cupertino has been assn ed that we will have the money where we use
Councilman Salch asked whether the Federal Government pays this
money directly to the cities in the program, and to Cupertino, or
whether they pay it to the State which then in turn sends it to
the cities after taking a portion for handling.
The City Manager answered that the Pederal Government does give
the money directly to the State Department of Finance which then
forwards it to the city at the appropriate time. The State does
not Lake any oft Consultant nraccording office
to theebil se submitted-
Then pays the bedtlan
Then we submit an itemized statement of the bills and the payments
to the State for reimbursement from the fund established with the
State and the Federal Government. The Mayor noted that the State
Is not reimbursed in any way.
Com dasiener Leonard asked whether the Consultant is supposed to
review the work dohs by the planning Coedselon and also if the
smaller individual plans presented by private planners on behalf
of certain properties should be reviewed by him. The City Mana-
ger answered that the Planning Consultant should prepare the plan
and do the work and submit It to the planning Commission, not vice
versa. Be recalled that one planning consultant seemed to indi-
cate that the planning Commission should prepare the plan and then
submit it to him for review, comment and refinement. lie should De the oppo -t
he does not agree with this, that the process resent it to
site. The Consultant should prepare the plan and D
the Flaming Coadamion for infbrmal public hearing, at which time
the planning Coo dmaca could recooumnI some changes if it saw It to
fit., The Consultant could
the Planning Com olssion, which would study it &Win. The t Consul-
tant would then prepare a third plan which would probably approach
the final version. When the planning Commission is satisfied, it
could call a public hearing for the purpose of recommending a
Master or General Plan. The plan would then go to the City Coun-
ell for an additional hearing, or hearings, prior to the formal
adoption as an official dacmmt of the City. In the meantime,,
however, the Planning Commission can pick out difficulties in the
present ordinance structure and call them to the attention of the
Consultant, requesting that he fir the difficulties.
"A Councilman M �Cr answered, iItt vdependsnucpon what cab S rise or draft
!!na City Mumge
-2-
alassifieations the naming Co•dsaion vlsbas to establish.
The City Attorney said that he ewhike " distinguish between
the Vaster Plan, and the zoning
"Listed to thf_disaussion, that there may be some contusion be-
twnesn% .the two. Be rewrlewied the soniig structure of the City rel-
ative to land use by referring to the title$ of the various ordi-
usd,the dt .of peasadae. .The qvr Attorrnnesyy .than outlined
� - fee IWtar pian a�:atitid in th^ Govern-
J00014 _
ra i�Mf6re both GYf7,�i4._as ,Von PPl+nning
S- A $:403, r s. ,Lb4 ! rdth -the inter -
CL CounclIM101
°test Dp hetbiop that the
pasMdng COMMISSION gwathIng ha
forward the
"shot tip CL r .No also -MMaid _tha; MW 130201$6 hahsult�nt In
Part* from the Plamdng �ssion.bThe lHil�lside ordinance � and
a1md2ar- reWatfomsedbOQ2d a1so Ae prmpgsed_Ay.the planning Cam -
sdssion, he said. IIM,alw mes feotioosdturidg. Pith regard
ordinance, and o=die governdng e
to s recant ease, he rwgld rather hav4 a 19sber lard ,in a C-. or
CA Man is a 8-1 -19 BOOM. Bs svor0nd d raUdit he Planning Cow-
en boo4mission can do, It an 1Odep y independent even
of ammael. SpMating for himself, be Will listen to anything the
Planning Commission has to offer.
Councilman nlike ta�vvee the dplanning Commission ahead Finch,
necessary ordinances.
Cowmeilwon Balch said the planning Consultant is an expert, get-
ting paid to do the work, and, therefore, he should do it, not put
the burden back on the Planning Commission- However, until the
rlanning Consultant gets here the Planning Commission will have to
do it themselves.
Cowmeilson Finch agreed that the consultant should present his plan
to the Planning Commission.
Chsirsn Snyder asked how such commercial should be in the C_ty.
cameilman Dempster said that the expert we are hiring is sup-
posed to tell us that. That's what he is being paid for.
The City Manager said that Mr. Krushkbov, prior to leavirg the fir¢
of Hilsey, Ham & Blair, submitted a list of materials which he
wanted from the City. These were given to him, in addition to a
amber of other things. Included In the mmtarial were the reports
Pr'epar'ed by Barrel Lommrd. He reiterated that [rushkhov was goint
to prepare an initial plan for discussion at a public hearing, bott
by the public and the Commission. A second plan would result and
than a third plan which world conceivably be ready for recomsends-
tion by the PLnnIng Commission, and fluO1 hearings would then take
place before the City Council.
Comdasioner Frolieh said that the plaMwdM Commission should go
ahead with thM necessary work, assuming the individual Commission-
ers are willing. He said that the waiting has been a source of
trouble in the recant past, and he feels that the City can't af-
ford to sit around waiting for sciaorme else to do the work. The
Commission must get on. with the routine itself. He added that he
would also like to toWsbout the B@nM 607600 supply business.
Commdssioner Fitzgerald acid that it seems to bf spread that the
*wsultart can cam in with his am Muter Than fbr presentation
to the Commission and then to the public.
domsdiaiopar hpna d asked about advising the Consultant of all
the plans anb dttob 27 prtRte'pMr* dOrAU far.
The Mayor said that it is his understanding we are all in W"-
that individoals should keep hands off the Planning Consul-
tant and not hays everyopa running to him with their own plans.
Hs said that this is a different thing frog holding the public
pearl�p, at which any other planner can present his brief on be-
half of hla clients, and it is also hr different from mating all
of the public records available to the Consultant.
Cdoodasioner Ld66rd Ipm 4 the question further. Be added who-
"or toe eadeniftm is Santo rued the Minutes of an the
h" msefllp or loot, or thaw are not whp9 1 to be
awai11"." hSt i
no conosoome *fared to be that any material the Coomltmmtt real*
is > es flu! aw to psaamre the pun will be mode available.
read Kamen, "a=T. o I mW o thmaiaeo for forcing the man to
Councilman Smirch maid the most important !factor in preparation or
a ureter Finn is tsr4aw.
Commissioner mom said as far as he can sae, the Planning Com-
Wisdom ban the fo2lowlu6 alternatives,
First, we can *bll, at which we are past *Cetera, be said.
Second, we am grant the applications, in effect, *boating the
Meter Plan frill of holes before it is finished. Third, we can
deny the applications, which doesn't some to do arq good; and
fourth, we can refer them to the Planner. Hr referred to the
night Moen there were 14 applications on the agenda, at which
time be was Chairman, and asked everyone whether they wanted an
answer or Mather they wanted to wait. Every one said they are
not willing to wait; they wanted an answer right now. He said
that this is what be means by pressure.
Councilman Finch said that he can understand the feeling of pres-
sure, and he, himself, reels pressure inasmuch as he most answer
yes or no to an applicant. He said the only way to avoid this
situation, as far as be could see, is to shut down City Hall to
applicants.
Commissioner Fitzgerald said that the City has already established
a policy without actually realizing it, simply by granting some
annUcatia m nd
a such as those involving all parcels of la on ob-
oas commercial locations and by denying some that are too big
to handle and tabling moms. hhe said that this, in itself, is a
Miiq which the Plamming Commission has established without call-
it as such and without realising. Councilmen Saich asked
about soma kind of legal time licit on applications -- having the
caning revert if it is not used within a certain time.
Commissioner Frolieh said that he doesn't flavor so- called hintLg
Iicsmsss, as the Ift nos used recently, but, on the other hand,
It is a dis- sorwioae to uniformly day applications. No said he
Induetry lost through this method. No
said thatethe Lot alte wa
ve proposed by Mr. 9=11 s the also
poorest, as flap as be wn:s concerned, that he would hate to see
everything refsrrad to the Planer.
the liyor said that he -:e6 three things as essentially coming to
the fora, nm*ly 411"tiak order, thought and taste.
Cam dsatener Smell &~ about the saturation point an multiple.
Comimiaap Fi said that Mr. flatter. when bare. sated
whstbttyr the �mdl and Commission rated a bedroom city, a medium
4WAS impales panmmmsp to Sm&U,•a density ti in tthhe cams to
'me Myer salt that he Wduft that SWISsatiamm 6100124 be 61004660
eaditiamma am. mme patlda a certain time i 44W that r 6q
most a malupe *it" I don't snow. Coaailmom Finch bald 10 L
not suet in favor of conditional zoning: however, the
cAmmlica-
should exercise its sight to rezone back to pxvi Ot
Lion. In this ray they dm't even have to use conditions in the
ordinance.
Commissioner Small raised the question of tax -base and the amount
of land schools are taking off the assessment rolls. I di
In adtion
to schools, churches my wind up with land for which the City had
other intentions. Old folks homes Can be added to the other two
categories. .
Councilman 361eh WGd that the SdWle al's boll% too edch ]and
for what they are doles with St. Be Said they don't need as Warn
popnty as they arm basing.
Comodaaloner Frolioh agpoW that there In too an eh lard being taken
Off the tax rolls.
� sea adn ma a� that the city is opposed to so marl
Qumoilmn Rnnch disagsesd, saying that such a letter would be 00e-
a study by the City, showing the Poem'
lation dedensityy of Lthe surr'oumdiwi cities relative to the mmber Of
school sites therein, and a population figure On WVWtin0 togethe r
with the nmoer of schools inside the Cupertino boundaries- 'Ks
would indicate whether or not the school sites were disprepor-
tionate.
preceding and following Pinch's statement. a lengthy discussion
on the school situation took place.
The Mayor agreed with Mr. Pinch and said that the chool districts and could point to the previous Position of the City Council school
that this is what the City ranted.
The Mayor summarized some of the questions still unanswered. to
wit -- financial status, bond
of es. gas ssstations. Commdasioner
Frolich awed the Bendik place
Relative to gas stations, the Mayor answered that the City has Of service
statioons. its
toithetcity�Managereon bond Issues.
The City Ranger said that he is preparing a report at the direc-
tion of the City Council. Briefly. he stated that the State law
perodta a city to issue bonds in an aMmt equal to 15% of its
assessed Valuation. In Clpertino's case the bonding capacity
would, therefore, be about =2} million. The bond possibilities
Include recreation, storm drainage, and streets, among others.
This report rill be ready soon and should be reviewed by both the
Planning Cbmisalon and the Council. Conalasioner Lenard asked
about the total tax rate, including the dozen or more agencies in
existence within Cupertino limits. The City Munger said that he
will provide this 1nformtlon.
told tthe H- Control Oomdtteerdun�h� hearing ltlatthe blue k
would be at the rear of the lot. not in the front, but the state-
OWL did not appear In the B- Control minutes. C nsisaloner Fitz -
9: Mayosaid. aked the tafftto Statement check onithis.� Council minutes."
IV AWOUNN drf
Meeting adjourned at 10:32 F.M.
AFPAWM:
s John J. Benetti
ATTi3T: r
/a/ Lawrenee K. Partln
e L. mr%xn, W 6101-