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CC 10-07-96 CC-931 MINUTES Cupertino City Council Regular Adjourned Meeting October 7, 1996 ROLL CALL City Council members present: Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don Bumett. Council members absent: John Bautista. Staffpresent: City Clerk Kimberly Smith. INTERVIEWS At 6:05 p.m. the City Council convened in Conference Room A and interviewed Ms. Anne Dor, Mr. John Drexler, Mr. Femando Chen, and Mr. Jeff Chyu for a position on the Public Safety Commission. Mr. John Drexler was appointed to the partial term which will end in Sang,sty 1998. RECESS At 6:40 p.m. Council recessed. At 6:45 p.m. Council reconvened in the City Council Chambers. PLEDGE OF ALLEGIANCE Mayor Burner called the meeting to order in the Council Chambers of Cupertino City Hall, 10300 Torte Avenue, at 6:45 p.m., and led the Pledge of Allegiance. ROLL CALL City Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don Burnett. Council members absent: None. Staff present: Acting City Manager Bert Viskovich; 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 Infom~ation Officer Donna Krey; and Building Official Joe Antonucci. CEREMONIAL MATTERS - PRESENTATIONS Councilmember Lauralee Sorensen received a proclamation for YWCA's Week Without Violence campaign October 6-12, 1996. POSTPONEMENTS Staff requested continuance of Items 15 and 16 to November 4, 1996. · October 7, 1996 Cupertino City Council Page 9 WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS None. CONSENT CALENDAR Sorensen moved to approve the items on the consent calendar. Bautista seconded and the motion carried 5-0. 1. Resolution No. 9707: Accounts Payable, September 13, 1996. 2. Resolution No. 9708: Accounts Payable, September 20, 1996. 3. Resolution No. 9709: Accounts Payable, September 27, 1996. 4. Resolution No. 9710: Payroll, September 20, 1996. 5. Review of application for Alcoholic Beverage Control license for Homestead Eatery, 20956 Homestead Rd., Suite Al. 6. Monthly Treasurer's and Budget Report - August 1996. 7. Approval of minutes of September 16, 1996, regular meeting (amended during discussion of item No. 18). 8. Resolution No. 9711: Approving change order for Reconstruction of Sidewalks, Curbs & Gutter, Project 96-104. 9. Resolution No. 9712: Accepting grant of easement for roadway purposes from Roger E. Wasson and Lilian H. Wasson, APN 362-11-059, 1174 Bubb Road. 10. Resolution No. 9713: Authorizing execution of first amendment to agreement with Zanker Road Resource Management, Ltd. for processing of yard waste into compost. 11. Resolution No. 9714: Accepting quitclaim deed for underground water rights from Raymond A. Vieim and Nancy M. Vieira, APN 357-02-056, 10290 Palo Vista Road. 12. Resolution No. 9715: Approving parcel map and plans of property located at 10382 Stelling Road, authorizing execution of agreement with Pinebridge, a California Limited Liability Company. . October 7, !/)9/; Cupertino Gty Council Pase 2 Vote Council members Ayes: Burnett, Bautista, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS 13. Public hearing to consider amending Section 16.04 of the Cupertino Municipal Code to require class A roofing for all residential structures. (Continued from the meeting of September 16, 1996.) (a) Second reading and enactment of Ordinance. No. 1742: "An Ordinance of the City Council of the City of Cupertino Requiting That All New and Replacement ~. Roofing For Dwellings Shall Be ora "Class A" Fire Retardant Material." A letter and a memorandum were received from the Silicon Valley Chapter of the Independent Roofing Contractors California, Inc. (IRCC). These documents asked Council to reconsider the proposed requirement for Class A roofing. The Community Development Director reviewed the staff report. He showed an overhead of a cost chart provided by the Committee for Firesafe Roofing which had been annotated to show the results of a survey staff conducted with three reputable contractors from the Cupertino area. The original chart and survey results were comparable. Mr. Map. ny Mnniz, representing the McMullen Company, Inc., said he was a fire protection consultant. He discussed the ordinance where it refers to section 1504 of the Uniform Building Code, and suggested that the sentence "All newly installed roof systems shall have a fire retardant Class A..." be amended to insert the words "roof covering classification for dwellings." Then in the second paragraph, second sentence, strike the sentence about fire retardant roofs and assemblies. He said that this amendment would improve the ordinance in temts of cost effectiveness and choice of materials. Chapter 15 of the UBC lists six ways to achieve a Class A cover. The ordinance as written would only allow one of those ways. He said that hazardous occupancies only require a Class A roof cover. Building Official Joe Antonucci said the Class A covering is only a type of skin over the top of the roof. The other type was a Class A assembly which is composed of different layers. October 7, 1996 Cupertino City Council Page 4 imf. James Brooks said he worked for Los Gatos Roofing and was President of the IRCC. Both of those groups are opposed to the proposed ordinance because it limits the residents to a small number of options. They feel the State's new requirements (m'mimum Class C) are adequate. He said that he had been a fire captain himself and was familiar with fire safety. Most ftres start within the house, and a Class A roof keeps the fire inside and the house is engulfed. The first step in response to such a fire is to vent the roof. A Class C roof would keep a fire from spreading to a neighbor's house unless a large object falls on it and the fire depa~hxtent can't put it out. He also noted the weight factor must also be considered. Some cementuous roofing materials weigh up to 7 pounds a square foot and can cause more damage in case of an earthquake. These roofs are also difficult to maintain because the tiles break or crack. Mr. Robert Bums, Committee for Firesafe Dwellings, referred to Mr. Muniz' testimony and said it is a technical issue which has been debated for many years. The matter was decided in the 1966 supplement, and the determination is that the roofing assembly which has been tested according to the standard tests is a fire retardant roof. A roof which does not necessarily meet those standards but which is non-combustible can also be applied, and those are the six others referred to in the code. He noted that the Uniform Building Code is lagging behind the cities in California in terms of roofing materials. He also referred to the testimony by the IRCC representatives, and said there is positive evidence that Class A and B roofing both have a substantial impact upon fire protection. He said that fire statistics show the "material first ignited" most often is the roof. Chief Spodeder said that a Class A roof would not impede their ability to fight an interior fire. The Community Development Director said some of the Class A roof systems require a tear-off, which is a cost factor for the homeowner, but there is also an opportunity to find and fix rotten wood which would not otherwise be detected. The Building Official said Class A roofs are not necessarily heavier, it depends upon the type selected by the homeowner. Some heavier types may require some engineering to determine if the structure would handle the new load. Bautista said that they should consider the possible costs for structural modifications to handle a heavier roof. The Building Official noted that every single house must go through a plan check process to determine if structural changes were needed, at which time an engineer would need to evaluate it. At the current time the plan check is not needed. Dean said he had tried to raise the issue of cost last time and he agreed with Bautista's concerns. Another issue is whether to include the other 5 classifications of roofs. Bautista said he was comfortable with Class B but wanted to get more data on shakes and Class A and the cost of structural modifications. This issue affects a vast majority of people in the city, particularly as housing stock gets older, and he wanted more data about the magnitude of structural modifications which would be required. Perhaps one solution would be to require Class A modifications for every other material except shingle, or maybe an exc.eption process if modifications were required. · October ?, !996 eupertlno City Council Page 5 Sorensen said she had installed a Class A mol on her home and structural modifications were required. She was unaware of the necessity for that until info,-,ed by the city's building inspectors. She was comfortable with Class A requirements but would wait for more data on cost impacts. Chang said he was not sure how much safer a Class A assembly was versus a Class A covering. The Building Official said a Class A covering does give reasonable protection from fire jumping from one roof to the next, but it's just an outer skin. The assembly has solid plywood, sheetrock, and treated shake, so it would take longer to burn through. The Class C coveting now required by the state is a step in the right direction that has done much to make roofs safer. He did not have figures on the cost difference between the two types. Burnett said it was clear in his mind that the Class A assembly would provide a substantial improvement in fire resistance. Regarding fire cause, Cupertino has many areas which are heavily wooded and many steep areas where it can jump from house to house. Also in case of earthquakes it is frequently fire which causes a lot of damage, and during those emergencies fire protection services may be useless because of damaged water supply. He was in favor of the ordinance, as it stands. People who specifically want a wood shake roof may have to pay more but he did not want to trade off that for - safety. Dean said the hidden cost is the re-engineering of the house in order to apply a Class A assembly, and it could be substantial. Discussion followed about how those costs could be identified. Dean said they were interested in knowing what the additional costs might be for Class B and A. The Building Official said of those homeowners who wanted shake roofs, probably 30% would need structural changes to the house. However, ail houses will need to be inspected, however. Chang and Soreusen agreed they'd like to see a matrix of costs to address the concerns that had been raised about structural changes. Bautista asked for the following infot~ation to be brought back to council: A matrix that shows what percentage of homes would require structural changes for each of the roofing types, such as shingles or metal, as well as a ballpark number showing what the incremental cost would be. He suggested a chart with three columns. The first column would be material and its cost for Class A. The second column would be the percentage, the magnitude or probability. The third column would be the cost for those probabilities. He also asked for clarification on whether a Class B assembly is equivalent to a Class A covering, and asked staff to use standard unit measurements on the matrix to make it easier to compare costs· Sorensen moved to extend the effective date of the ordinance until February 1, 1997, in order to allow time for the state to approve the f'mdings, and to continue this item for one month. Bautista seconded and the motion carried 5-0. · October 7, 1996 Cupert'mo City Council Page 6 '- 14. Public hearing to consider an appeal of Planning Commission approval of Application 6- U-96, Hossain E. K_haziri. The application requested a use permit to demolish an abandoned service station and construct a 1,500 sq. ft. service station and car wash at 10002 DePmT, Boulevard, Councilmember John Bautista, appellant. This item was continued to the meeting of October 21, 1996 at the request of the applicant. 15. Applications 4-GPA-96 and 23-EA-96, City of Cupertino - General Plan amendment to the land use and housing elements to redistribute residential potential among the planning districts and the undesignated classification. Environmental determination: Negative declaration recommended. Recommended for approval. This item was continued to the meeting of November 4, 1996, at the request of staff. 16. Applications 14-U-96, 5-Z-96 and 21-EA-96, Thompson Residential Co. (Tandem Computers, properBr owner) - Use Permit to construct 3411 apartment units on 14 acres and rezone the property from Planned Industrial Zone P 0VIP) to Planned Residential P (RES). Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. This item was continued to the meeting of November 4, 1996, at the request of staff. 17. Application 1-EA-96 - Amendments of Chapter 19.100 oftbe Cupertino Municipal Code pertaining to parking standards. Environmental Detexufination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from September 16, 1996 meeting.) (a) First reading of Ordinance. No. 1737: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.100, Off-Street Parking Regulations, of the Cupertino Municipal Code." The Community Development Director reviewed the staff report. Discussion followed regarding the uni-size parking spaces which would result roughly a 3% reduction in the number of spaces. The Community Development Director said the uni-size spaCes provide more room for cars, but there may be more flexibility in having larger stalls for customer convenience and compact stalls for employee parking where there is less mover of ears. Mr. John Statton, representing the Cupertino Chamber of Commerce, said many shopping centers are already traffic-impacted and if urd-size spaces resulted in a reduction of total .-- spaces it may keep some types of uses from moving into a complex. He asked for increased flexibility if unl-size spaces are established. · October 7, 1996 Cupertino City Council Page 7 Council members discussed their desire to keep the parking sm,lards flexible, and the Community Development Director suggested they make it an option to select uni-size parking stalls. They agreed upon this option, and that it would be applied universally. Staff said they would make this minor amendment to the table and bring it back to Council for second reading. Discussion followed regarding bicycle parking requirements. Dean felt storage was un~alistic on upper floors. Burnett said there had been some consensus for 40% of units to have bicycle storage when this was last discussed, although Planning Commission recommended 25%. Sorensen said she was comfortable with 25%. Bautista said anything in that range was fine. Chang moved that 40% of units provide bike storage space, including the request by Tri- County Apartment Owners Association that private storage space would qualify. Dean seconded and the motion carried 4-0 with Sorensen voting no. Chang moved to grant a negative declaration. Soreusen moved, and the motion carried The City Clerk read the title of the ordinance. Sorensen moved and Bautista 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. PLANNING APPLICATIONS None. UNFINISHED BUSINESS 18. Review of architectural and design modification of wooden sound barrier for Forge- Vidovich apartment project located at 20691 Homestead Road. The Community Development Director reviewed the staff report and explained the change of materials proposed by the applicant. He had provided samples of the parts of the fence which would be changed. Mr. Jim Sisk, representing the developer, asked for three things: (1) Eliminate the 2 x 12 kickboard since there will already be 2 feet of concrete; (2) Use pressure-treated brown- stained wood instead of redwood where it is in contact with the ground or the cement; (3) Retain the option of going back to the masonry wall. He also asked for flexibility about the wall height between this development and the Oddfellows Hall improve the aesthetics, since the current wall varies in height. He noted that the staff report says the masonry wall would have a typical block design, but there is a building pe~aiit pending now for the west property line for a masonry wall in a Mediterranean style, which looks like stucco. He passed around a sample of tight-knot redwood. October 7, 1996 Cupertino City Council Page g Ms. Lynore Slaten, 20552 Shady Oak Lane, said she represented 106 owners at Countrywood. She said that the requirement for two feet of cement was imposed after public testimony had ended, and they were concerned that it would provide a step which would enable people to climb over the fence into private yards. She said this was presented to council as a beautiful, aesthetically-pleasing, prime-heart redwood fence and now it will be changed. However, the residents still want a masonry wall. Mr. Naren Kaita, 586 Conner Drive, Sunnyvale, said that in November 94 they were promised a masont~ wall by Mr. Sisk, which he has admitted. Last month they were promised a very nice wooden fence. However, redwood becomes gray with age. Also, the safety issue has been ignored. The residents have always wanted a masonry wall, and even the council and commission agreed. He did not understand why the discussion continued but it seemed that Mr. Vidovich had a lot of power in the city. Mr. Sui-hing Leung, 20674 Mapletree Place, said the neighbors had no input to the new design. He did not think the two feet of concrete would be sufficient to stop a large vehicle such as a truck, because some of them have bumpers higher than. 30 inches. He agreed that the wall could be easily scaled, and the other side of the road is a bus-stop which may attract people to climb the wail. He felt the code should be changed to require a masonry wall depending upon the use on the other side of the wall. Mr. Edward Merle, 1107~} Flowering Pear Drive, said he saw the last meeting on television and wondered how a council could reverse its own planning commission. He referred to an article from the San Jose Mercury News that John Vidovich is the third largest contributor to local political campaigns in this county. He read portion of an article about Mr. Vidovich opposing a candidate in the county supervisor election. Burner said that information was not relevant to the issue under discussion. Mr. Merle commented about Mr. Vidovich's influence. Ms. Diana Stickler, resident of the Countrywood Homes, asked if the wall would be consistent, or if it would look different on opposite sides of the project. Bantista said his motion at the last meeting specified that the wall would be Rnifollll throughout the property. Ms. Stickler felt the compromise was unsatisfactory, and suggested that it be made all wood or all masonry. Mr. David Kiel said that some of the council members were talking while the public was giving input and he felt it was arrogant. Soreusen asked that the minutes of September 16 be corrected to show that Mr. Bantista's motion had included the option to build either a masonry wall or the wooden/concrete fence as described, and that whatever fence was constructed would be uniform throughout the property. Chang said he voted for this last time because the neighbors' concerns had been partly addressed by adding the concrete to keep runaway vehicles from breaking into private space. The fence is designed to be much more solid than a typical fence. The · October 7, 1996 Cupertino City Council Page -- Community Development Director explained how the pressure, treated materials would ' give the fence a longer life. Chang agreed with the request to eliminate the kickboard, but encouraged the developer to construct a masonry wall. Sorensen agreed with Chang's comments and suggested that staff and members of the Oddfellows Hall work together to decide on a wall height behind their property. Bautista also agreed, and said that tight-knot redwood would be required for the wooden portions of the fence except where pressure-treated Douglas fir would be used as discussed. The Community Development Director noted that although the pressure-treated posts will be stained to match the redwood they may weather differently. Burnett encouraged the applicant to install a masom'y wall in a uniform manner. Baufista moved that the condition about the wall shall be amended to remove the words "conventional blocks" and refer instead to "Mediterranean design"; allow for a brown- stained Douglas fir pressure-treated post and rail next to concrete; eliminate the 2 x 12 kiekboard; directed staff and applicant to work with the Oddfellows Hall regarding that wall; require tight-knot redwood for the fence; require that the fence shall be uniform throughout the project; give the developer the option to construct a Mediterranean-style masonry wall; and except for these conditions, there shall be no other changes to the design or materials of the wall. Sorensen seconded and the motion carried 4-1 with .- Bumett voting no. RECESS The council was in recess from 8:52 p.m. to 10:04 p.m. NEW BUSINESS 19. Approval of recommendation for 1996-97 Human Services funding program. Public Information Officer Donna Krey reviewed the staff report and said that the Human Services funding committee recommended the following funding distribution: Agency Recommendation Support Network for Battered Women $ 5,000 Long-Term Care Ombudsman $ 4,010 Outreach & Escort $ 9,540 Cupertino Community Services $10,000 Cupertino Senior Day Services $ 5,000 Second Harvest Food Bank $ 4,500 $38;050 Sorensen moved to approve the funding as recommended by staff, which would increase the current budget by $770. Bautista seconded and the motion carried 5-0. · October 7, 1996 Cupertino City Council Page 10 20. First reading of Ordinance No. 1745: "An Ordinance Of the City Council of the City Of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to the Designation of Bicycle Lanes, Adding Bicycle Lane on Stevens Creek Boulevard From Stelling Road to De Anza Boulevard." Bantista said this was discussed at the Economic Development Committee meeting and they recommended that Davidson Chevrolet also be encouraged to implement the tree landscaping portion oft_he Stevens Creek Specific Plan as a part of this bicycle lane improvement, but in such a way which would not impact his business. Mr. John Statton, representing the Cupertino Chamber of Commerce, said they had no objection to bike lanes on the south side of De Anza Boulevard. On the north side there is a proposal to relocate the median to accommodate the bike path and parking for the car dealership. However those costs have not been detemdned, and there may be a need to come back to discuss other alternative bike paths such as an alternate route along Alves. He asked that action only be taken on the south side tonight. He also said that a property owner should not be required to install trees when the metrics of the plan have not been triggered and council should consider that in more depth. Bumett said that the Chamber's proposed alternate route along Alves does not work for bicyclists. It is inconvenient, and it adds a d_angerous maneuver because when Alves T's into Stelling there is no cross access. Cyclists would have to make a right turn, then a U- mm on Stelling to get to Stevens Creek Boulevard. Chang added that there are a lot of students riding bicycles to De Anza College and he doubted they would take the longer route. Bert Viskovich, Acting City Manager, said there has been a solution identified for the property in from of Davidson Chevrolet, but it has yet to be worked out how the costs will be paid. Also, this is only an enabling ordinance and the bike lane won't be installed until signs and striping have been implemented. Bautista moved to approve the ordinance but to limit it to the south side for the time being, and to amend the tifle' and body of the ordinance to reflect that. Dean seconded and the motion carried 5-0. The City Clerk read the title of the ordinance. Soreusen moved and Dean seconded to the read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. ORDINANCES 21. Second reading and enactment of Ordinance No. 1736: "An Ordinance of the City Council of the city of Cupertino Amending Chapter 19.108, Television and Radio - Aerials, of the Cupertino Municipal Code." . October 7, 1996 Cupertino City Council Page 11 -- The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Sorensen moved and Bautista seconded to enact Ordinance No. 1736. Motion carried 22. Second reading and enactment of Ordinance No. 1743: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to the Removal of Parking Prohibition Along the North Side of Price Avenue." The City Clerk read the title of the ordinance. Sorensen moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Soreusen moved and Bautista seconded to enact Ordinance No. 1743. Motion carried 5-0. STAFF REPORTS None. COUNCIL REPORTS Dean reported that he met with the Director of NASA. They have a target of $3.5 million deficit a year for their flight operations and the meeting was to discuss ways to reduce this. Cities of Mountain View and Sunnyvale have set up citizen commissions and will bc reporting to them. Burnett said the Santa Clara County Cities Association will be picking a representative for that committee. It will be fairly demanding, and will meet twice a month. Dean said he would be interested in serving on the committee. Bumett said that he would recommend Dean for the position. Sorensen said she was at a meeting of the District Attorney's Office in which they discussed the concept of a daytime curfew. This will be coming before the Cities Association as well, and the City Manager will also look into the feasibility of this proposal and how it would impact Cupertino's youth probation officer and sheriff's officers. Bautista confn'med that all members had received a written report from him on the Vallco Fashion Center. _ Chang reported on the visit from Cupertino's Sister City of Toyokawa. He said it was a very positive experience for the students and the host families. October 7, 1996 Cupertino City Council Page 19_ CLOSED SESSION At 9:22 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 - water utility. At 10:47 p.m. Council reconvened. The City Attorney announced that various proposals had been discussed. No action was taken and there will be further meetings on the subject. At 10:48 p.m. the meeting was adjourned.