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CC 11-18-96 CC-934 MINUTES Cupertino City Council Regular Meeting November 18, 1996 6:45 p.m. PLEDGE OF ALLEGIANCE Mayor Bautista called the meeting to order and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen, Council members Michael Chang, Wally Dean, and Lanralee Sorensen. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Infosmation Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS None. POSTPONEMENTS Council continued Item 16, Thompson Residential Company, and Item 23, Regulation of Telecommunications, to thc next meeting at the request of staff. ORAL COMMUNICATIONS Mr. Don Kenny, 20260 Reinell, asked the council to consider restricting building construction on Sunday. The Community Development Director explained that the city already bas regulations that restrict any exterior noise, although activities such as painting can still be done on Sundays. He said he would provide a copy of the regulations to council and Mr. Kenny. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as presented. Dean seconded and the motion carried 5-0. 1. Resolution No. 9729: Accounts payable, November 1, 1996. 2. Resolution No. 9730: Accounts payable, November 8, 1996. 3. Resolution No. 9731: Payroll, November 1, 1996. · November I g, 1996 Cupertino City Council Page 2 ~ 4. Minutes of the November 4, 1996, regular City Council meeting. 5. Request from Cupertino High School for waiver of the facility use fees at the Quinlan Community Center for their annual Football Awards Dinner. 6. Approval of recommendations from Cupertino Telecommunications Commission for two public access grants. 7. Resolution No. 9732: Approving Change Order No. 2 for Reconstruction of Curbs, Gutters and Sidewalks, Project 96-104. 8. Resolution No. 9733: Approving Change Order No. 3 for Pavement Restoration, Project 96-109 (O'G-rady Paving). 9. Acceptance of city project performed under contract-- Pavement Restoration, Project 96- 109. 10. Resolution No. 9734: Authorizing execution of agreement between the City and Jyh- Sheng Lin and Ying Yang; Unocal gas station at 10251 Prado Vista Drive. 11. Resolution No. 9735: Accepting quitclaim deed and authorization for underground water .... rights from Jyh-Sheng Lin and Ying Yang; APN 342-14-048, 10251 Prado Vista Drive. 12. Resolution No. 9736: Accepting quitclaim deed and authorization for underground water rights from Tony Wong and Diana Wong; APN 342-12-011, 22560 Poppy Drive. 13. Resolution No. 9737: Authorizing execution of agreement between the City and Joseph Patrick Kramer and James Theodore Kramer; 22701 Stevens Creek Blvd., APN 342-12- 025. 14. Resolution No. 9738: Approving parcel map and improvement plans of property located at 11641 So. Stelling Road; developer, E & H First Family Limited Parmership, a California Limited Partnership. Vote Councilmembers Ayes: BurneR, Bautista, Chang, Dean, and Sorensen Noes: . ..None ....... Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR None. · November 1 g, 1996 Cupertino City Council Page 3 PUBLIC HEARINGS 15. Public hearing to consider mending Section 16.04 of the Cupertino Municipal Code to require Class B roofing for replacement roofing and Class A roofing for dwellings constructed after March, 1997. (Continued from the meeting of November 4, 1996) (a) First reading of Ordinance No. 1742: "An Ordinance of the City Council of the City Of Cupertino Requiring That All Roofs of New Dwellings Shall Be of a "Class A" Fire Retardant Material and All Replacement Roofing for Existing Dwellings Shall Be of a "Class B" Fire Retard~ant Material." The Community Development Director said that this item had been discussed by the council on two other occasions, and the ordinance amended to reflect the decisions at those meetings. Also, the effective date of the ordinance will be March 1,199~/. Bautista opened the public hearing. There was no public input the and hearing was closed· The City Clerk read the title of the ordinance. Burner moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 16. Applications 14-U-96, 5-Z-96 and 21-EA-96 - Thompson Residential Co. (Tandem Computers, property owner) - Use permit to construct 348 apartment units on 14 acres and rezone the property from Planned Industrial P (1VIP) Zone to Planned Residential P (RES) Zone. Environmental Determination: The Plavnlng Commission recommends the granting of a negative declaration. Recommended for approval. This item was continued to December 2, 1996, at the request of staff. 17. Resolution No. 9739: Ordering vacation of emergency vehicle access easement, public utility easement, wire clearance easement, and private access easement; Torte Avenue and De Anza Boulevard, Lot 5 of Tract 7953. The Public Works Director reviewed the staff report. He said that notice had been sent to all of the utility companies that would be affected by the vacation of this easement, and no objections had been received. Bautista opened .the public hearing...-.There-.was ho.public, input, and the hearing was closed. Sorensen moved to adopt Resolution No. 9739. Burnett seconded and the motion carried 5-0. · November 1 ~, 19~)6 Cupertino City Council Page 4 _ 18. Resolution No. 9740: Ordering abatement of public nuisance (weeds) pursuant to Ordinance No. 724 and Resolution No. 9722. Bautista opened the public hearing. There was no public input, and the hearing was closed. Chang moved adopt Resolution No. 9740 ordering the abatement of weeds. Burner seconded and the motion can~ed 5-0. PLANNING APPLICATIONS 19. Applications 7-U-96 and 3-TM-96 - Lily Chang, Inc. and WBF Enterprise LLC - Use peta-,it to construct two single-family residences on a 10,165 sq. ft. lot in a proposed Planned Development Zone; Tentative map to subdivide a 10,165 sq. ft. parcel into 2 approximately 5,083 sq. ft. parcels. The property is located at 22371 Cupertino Road. Environmental determination: Categorically exempt. Recommended for denial. The Community Development Director reviewed the staff report. He said that the Planning Commission had considered the 2-lot proposal and were concerned about the lot configuration because the garage dominated the streetscape. There were also concerns about the drainage pattern, and the Planning Commission recommended denial. - The Community Development Director showed a diagram for a new drainage pattern which would meet the commission's concerns. Most of the on-site trees would be saved, although one significant loss would be the 22-inch f~r tree. Mr. Jim Jackson, representing the applicant, said that the Planning Commission simply did not want more than one unit on this site. However, this site was originally zoned R-3, so the proposal is a substantial reduction and an appropriate compromise. The facades have been improved with stone and brick on the front. Sideyards next to the existing homes will meet R-1 requirements. The applicant has also obtained an easement from a neighbor to the rear, so the drainage concerns can be addressed. Mr. Daryl Fazekas, project architect, said that the windows between the new units opened onto a stairwell and a laundry room, and could have frosted glass installed. Burner said he thought that was necessary to preserve privacy. Mr. Jackson said that would be acceptable. Mr. Donald-G-aubatz, t0033-Hiltcresl~ Road, showed, a transparency of the lot lines and reviewed the zoning history. He also showed a series of slides of the area, and one of Montgomery Place, a historic home which was relocated to this area because of its rural character. Mr. (3aubatz said the applicant is proposing Monta Vista-type "box" homes in this area of large homes on 10,000 square foot lots, and the proposal is not appropriate for the character of the neighborhood. · November Ig, 1996 Cupertino City Council Page 5 Mr. Michael Wieland, 22350 Cupertino Road, said that the plans shown tonight are - different that those seen by the commission and council earlier, and the neighbors have not had a chance to review them. It seems odd to have one lot of a higher density, and he asked council to preserve the neighborhood character. Mr. Mark Edwards, 22350 Cupertino Road, asked council to protect the interests of the neighborhood and not sacrifice them to the interests of developers. He bought his home believing this lot would have a single family home. Sunnyview Manor is only one story with good landscaping and very little traffic, so it does fit into the neighborhood. The proposal does not fit in, and will require a significant change in grade. Mr. David Doyle, 22362 Cupertino Road, showed some digital photos of houses in the area and said there have been 4 different proposals with significant differences. This current proposal would put in two large houses with very little greenery, and houses this large and close together are not in character with the neighborhood. Ms. Gulsen Maloney, 22333 Cupertino Road, said she purchased her home for the privacy it provided, and she was concerned about losing that, and about the absolute minimum side yard. When council allows a change in zoning it should make it an improvement for the neighborhood. Semi-rural areas in Cupertino are rare and should be protected, and this project does not fit. - Mr. Alex Simonovich, 10185 Amelia Court, noted that this is a very rural neighborhood, and past the Sunnyview Manor there are no street lights and very few sidewalks. He said the project will not fit the character of the neighborhood. Mr. Roy Scheuerlein, 22145 Omhard Court, said he had moved to the area because he valued the trees and rural setting. Cupertino Road was closed off to keep out traffic, and he asked council to allow the con,traction of something more appropriate than the proposal. Mr. Jan Stocckenius, 22386 Cupertino Road, conunented on the original zoning, and said this was an attempt to use a PD zone to meet R-3 standards. The units are too close together, and as a whole they should at least meet R-3 standards. This proposal is out of character for the area. Ms. Ann Westwood, 10090 Hillcrest Road, showed a photo of house in this area which was built in the 20s, and which is on the proposed listing of historical houses. She asked council if..they_wanted historic homes..surroundec[by, high density, or something more original. Mr. John Woolfolk, 10123 Hillcrest, said the homes in this area are varied and rural in nature. The current zoning is the result of an anachronistic event which was more of a mistake than an intentional zoning. Mr. John Tester, a resident of Cupertino Road, said the area now has beautiful trees, and the proposal would remove trees and change the nature of the neighborhood. November ! g, 1996 Cupertino City Council Page 6 Bautista closed the public hearing. Dean said the reason this proposal was for a planned development was because they could meet R-1 standards, as well as the size of the buildings. Council decision last time was made because they realized there was bad zoning. He asked whether the owner could be denied an option because of zoning. Sorensen said if she had been present she would nave probably voted no because of the lot size. Chang said that council had given consideration to the existing zoning, and he thought two units was a good compromise. However, after seeing the slides and hearing testimony, he felt it was important to consider the character of the neighborhood as well. Council members discussed the potential for a flag lot, which was one option considered by the Planning Commission. Chang said he was willing to consider a flag lot if the applicant would construct the units so they look like a single house from the front. Chang moved to deny the applications; approve a two-unit development; and ask the applicant to resubmit the project, perhaps as a flag lot. Mr. Jackson said the flag lot may work but still not meet R-1 standards. Bumett seconded. Banfista said even with a flag - lot they would still be splitting the space and there would be more driveway area. The motion failed with Dean, Sorensen and Bautista voting no. Sorensen moved to deny Applications 3-TM-96 and Application 7-U-96 per Planning Commission Resolution No. 4724. Dean seconded and the motion carried 4-1 with Bumett voting no. Dean moved to direct the Planning Commission to initiate rezoning consistent with the General Plan and comments made tonight to allow one lot for a single family home. Sorensen seeouded and the motion carried 5-0. UNFINISHED BUSINESS 20. Temporary political signs. The City Attorney reviewed his memorandum. He said the City of Santa Clara has the most effective, ordinance,, and this.drmet, ordinance is.modeled after that theirs. Cupertino already has an enforcement mechanism in place. If adopted, the ordinance would prohibit any kind of sign, including temporary political signs, to be placed in the public right-of- way or on public property. Exceptions to this rule include address signs, curb paintings by governmental agencies, installation of traffic or municipal signs, legal notice of ._ railroad crossing, danger and emergency signs, bus shelter signs, vehicle signs, metal directional signs of a certain type, and specific exemption of the two banners that the city maintains on city-owned stanchions over Stevens Creek Boulevard that deal with civic, charitable, and educational events, or festivals and patriotic celebrations. Garage sale or November 1 g, 1996 Cupertino City Council Page 7 open house signs are not included in the exceptions, and could only be placed on private property. He explained that the more exemptions included in the ordinance, the more vulnerable it becomes to challenge. Signs may be placed on private property with written permission from the owner. Thc City Attomcy recommended this bc referred to the Planning Commission because it is a type of zoning decision. Dean suggested reducing the amount of time that temporary political signs may be posted from 90 days to 60 days prior to an election. Ms. Lyn Faust, 11033 Canyon Vista Drive, showed photographs of the number of election signs which were posted at Stevens Creek and Foothill in the fall of 1995. In 8/10 of a mile there were 63 campaign signs. She supported the pwhibition of temporary political signs in the city and said she could provide similar ordinances from Menlo Park, Palo Alto, Saratoga and Santa Clara. Mr. Steven Patt, 21346 Rumford Drive, spoke against allowing temporary political signs. One reason is the aesthetics, and the other is democracy. He said temporary political signs are a mockery of the concepts of democracy because they reduce the 1S-second sound byte of national political campaigns to a 2-second sound byte experienced when driving by. He said that Christmas signs and other signs for similar community events would only be challenged if a candidate decided to file suit for the right to post political signs, and that is unlikely to happen since ail the candidates are under the same - restrictions. Mr. Patt doubted whether the people who put up signs on private property, such as a bowling alley, actually got written permission. He suggested that the city begin enforcement of this situation. · He also suggested that major stores, such as supermarkets, put up a bulletin board outside the store and allow ail candidates to post a statement of their positions along the lines oftbe sample ballot. The City Attorney said that if the Stevens Creek Plan gateways would indicate another set of stanchions for city banners, the ordinance could be amended at a later time. Sorensen moved to refer this item to the Planning Commission with the direction that temporary political signs may be posted 60 days prior to the election, and that a pwvision be made for special holiday banners. Dean seconded and the motion carried 5-0. 21. Term limits for Councilmembers. The City Attorney reviewed his memorandum and said the item could be put on the ballot in No~ember,.1997.. One option would.be to have the same wording as the current advisory term limits, which allows a maximum consecutive length of service of 10 years and 354 days (which allows for an appointed term). Another option is to have a longer or shorter period of time, or longer waiting period before someone can run for a council seat again. /qovember 1996 Cupertino City Council Page Mr. Steven Patt, 21346 Rumford Drive, said he was opposed to the idea of term limits --' because it was an undemocratic idea. It is the right of all citizens of the city to select who they want to lead the city for as long as they want. Mr. Patt said one reason given for tem-i limits is that incumbents have an unfair advantage. However, this is true for famous people as well. People have name recognition in different ways and that's just the way politics is. Placing restrictions on the right of voters to select their leaders is the wrong way to go. Burner said he agreed with Mr. Patt's comments and would personally vote against this, but felt it was appropriate to put the question before the voters. Dean moved to place a measure on the November 1997 ballot which would restrict council members to two consecutive two-year te~s~s, plus an appointed te~s~s, and four years must pass before a candidate would be eligible for council election or appointment. Sorensen seconded and the motion carried 5-0. NEW BUSINESS 22. Appeal of denial ofpemfit for tree removal at 10545 Cordova Road filed by Miu Jue. The Community Development Director reviewed the staff report. He explained there are a number of trees in the public right of way and on the parcel. He received a request to remove what was a two-stemmed oak tree. He denied the request because there was an opportunity to move the house location to the north, or to redesign the floor plan. The Community Development Director said that he had handed out a copy of a report from the arborist dated Nov. 18 which reports that one side of the tree had been trimmed in such a way to make it unstable. The applicant said she had selected this lot because of the number of oak trees on the front of the property. She is unable to relocate the site of the future house because there had been an error on the lot description and the house can only be moved about 5 inches farther north at~er the lot adjustment. She noted there is another oak tree with a trunk diameter of about 8 inches in the back yard. If allowed to cut this tree, she would replace it with more oak trees in the back of the site. Burner moved to grant the appeal and require replacement with two 24-inch box oak trees. Chang seconded and the motion carried 5-0. 23. First reading .of Ordinance. No.. 1747:.. "An. Ordinance of the. Council of the City of Cupertino Adding Chapter to the Cupertino Municipal Code, Providing for the Regulation of Telecommunications Systems in Public Rights-of-Way." This item was continued to the next meeting, at the request of staff. November I ~, 1996 Cupe no City Council Page 9 24. Authorization to fund Eco Pass for one year. The Public Works Director reviewed the staff report. Burnett moved to authorize the expenditure of $2,420 to join the Eco Pass Program for one year which will provide f~ee passes to all full-time employees in the city. Sorensen seconded and the motion carried 5-0. 25. Review of Council committee assignments. Council members discussed their areas of interest. Soreusen noted that her name was left offthe chart under Economic Development Team. Burner said that he would like to serve again on the Santa Clara County Transportation Agency Policy Advisory Committee. Chang has been serving in that capacity for the last year. Burnett said he could not serve on it while he was on the board as well, but would like to take it up again unless Chang wanted to retain it. Chang said that he was willing to take on some other committees because some of the ones he is on are not very active. - Bautista said he would like to serve on the Cities Association Board and possibly the Association of Bay Area Governments (ABAG). He was also interested in the Joint Venture Silicon Valley Public Sector Round Table. Sorensen said that if Chang were interested in the County Committee on Housing and Community Block Grant Pwgram she would relinquish that committee. Burner said that he would like to stay on the North CenWal and Northwest Flood Control Zone Advisory Committee because there is such a long learning curve. Baufista asked that they review the list in detail, and continue this item to the next meeting for final determination. Council concurred. WRITTEN COMMUNICATIONS None. ORDINANCES None. - RESOLUTIONS None. · November'lg, 1996 Cupertino City Council Page 10. STAFF REPORTS The City Manager said that there had been a request to move the date of the Council meeting. and the December 18 meeting has already been canceled. Bautista said that he would not be available on December 2. Council concurred to change the December 2 meeting to Wednesday, December 11 at 6:45 p.m. COUNCIL REPORTS None. CLOSED SESSION At 8:45 p.m. Council recessed to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real property (Government Code Section 54956.8) - Lease of water utility. At 9:20 p.m. Council reconvened in open session. The City Attorney announced that staff had been directed to retain the Creston Financial Group in association with the' item discussed in closed session. ADJOURN At 9:20 p.m. the meeting was adjourned to 7:00 p.m., Wednesday, November 20, 1996, for a Town Hail Meeting at the Quinlan Community Center, Cupertino Room, 10185 N. Stelling Road.