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CC 09-16-96 CC-~30 MINUTES Cupertino City Council Regular Adjourned Meeting September 16, 1996 PLEDGE OF ALLEGIANCE Mayor Burnett called the meeting to order in the Council Chambers of Cupertino City Hall, 10300 Tone 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 Bumett. Council members absent: None. Staffpresent: 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 Infommtion Officer Donna Krey; Joe Antonucci, Building Official; and Colin Sung, Associate Planner. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bumett presented a proclamation regarding Lawsuit Abuse Awareness Week, September 23-27, 1996. The pwclamafion was received by Mr. Don Wolfe representing the Silicon Valley branch of Citizens Against Lawsuit Abuse. Ms. Regina Redly, Executive Director of Kids Voting, showed a brief video tape about the private, non-profit, non-partisan voter education program for ehilclren in grades K-12. After registration and education, children go to the polls with their parents to vote. There is an average 3% increase in adult voter turnout where the program is in place, and last year 2.3 million children participated. Ms. Reilly distributed some materials and asked for assistance in finding volunteers to help in the next election. POSTPONEMENTS None. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS Mr. Floyd Meyer, 10186 Westaeres Drive, discussed nuclear devices reputed to be buried in Kuwait. September 16, 1996 Cupertino City Council Page 2 CONSENT CALENDAR Chang moved to approve the items on the consent calendar. Dean seconded and the motion carried 5-0, with Sorensen abstaining on the minutes of September 3 after 9:30 p.m. 1. Resolution No. 9697: Accounts Payable, August 30, 1996. 2. Resolution No. 9698: Accounts Payable, September 6, 1996. 3. Resolution No. 9699: Payroll, September 6, 1996. 4. Approval of minutes of September 3, 1996 special and regular adjourned meetings (amended to clarify Bumett's comments on page 6, paragraph 1). 5. Resolution No. 9700: Authorizing the City Manager to execute the Community Development Block Grant agreement between the County of Santa Clara and the City of Cupertino for Fiscal Year 1996/97. 6. Resolution No. 9701: Authorizing execution of a contract with the Humane Society for animal control and sheltering services. 7. Resolution No. 9702: Approving Change Order No. 2 for Pavement Restoration Project 96-109. 8. Resolution No. 9703: Approving change order for Stelling Road Median Improvement Project 96-105. 9. Resolution No. 9704: Authorizing execution of improvement agreement with Sobrato Development Co., 19310 Pnmeridge Avenue. 10. Resolution No. 9705: Approving the final map and improvement plans of Tract No. 8822, Peninsula Avenue; developer, Peninsula 7, (Debcor Group, Inc. Partner); authorizing signing of final map and improvement plans; authorizing execution of agreement in connection therewith. Vote Councilmembers Ayes: Bumett, Bautista, Chang, Dean, and Sorensen. Noes: None. Absent: None. Abstain: Sorensen (on items after 9:30 p.m.). ITEMS REMOVED FROM THE CONSENT CALENDAR None. September ! 6, 1996 Cupertino City Council Page PUBLIC HEARINGS 11. Public hearing to consider amending Section 16.04 of the CMC to require class A roofing for ail residentiai structures. (a) First reading of Ordinance. No. 1742: "An Ordinance of/he City Council of/he City of Cupertino Requiring That All New and Replacement Roofing For Dwellings Shail Be of a "Class A" Fire Retardo_rtt Materiai." The Community Development Director reviewed /he staff report and said /hat this ordinance will apply to new residential construction and remodeling projects involving 25% or greater replacement of roof area. Chief Sporleder from/he Central Fire District discussed this opportunity to make a more firesafe community. He discussed the difference between Class A, B, and C roofs. He noted that the high heat, low humidity, and winds can cause problems with wood shakes, and/he suburban forest also ads to/he risk. Mr. Micheal Howell, 62 Avalon Court, Napa, said he represented the Clarke Group and Cedar Pins. He distributed information from the Clarke Group which manufactures shake and shingles. He said he opposed/he requirement for Class A roofs. He agreed that untreated shake or shingle contributes to fire hazards, and he discussed how/hey can be treated to bring/hem to Class C and B. He reviewed/he fire resistance chart in his materiais. Mr. Howell said that a Class A roof on a non-rated structure is not necessary and Class B and C are sufficient for this community. Mr. Bruce Hosler, President of All Seasons Roofing, said he was also a member of/he Silicon Valley Indepedent Roofing Contractors of California, Silicon Valley Chapter. He showed some samples of a variety of roofing materials and said/he higher/he fire rating on/he roof the more likely it will increase the cost, which adds a burden to/he owners, and eliminates many viable options which are attractive, durable, and less expensive. He noted that/he new, higher regulations imposed by/he state have only been in place one year and it is not yet known/he impact of minimum Class C ratings. Mr. Bob Bums, representing/he Committee for Firesafe Dwellings, said the key issue is that Council would be making a decision to provide added protection to homes in case of a major conflagration. He said an analysis of the Oakland fire showed that houses that survived the ..fire. ,had other advantages ..including brush clearance and double pane windows, but/he Class A roofs were a criticai part. Council members discussed the relative difference in protection between A, B, and C ratings. Chief Sporleder said there is a dramatic increase in protection between C and B, but/he difference between A and B is not as dramatic. Chang felt that safety was very important and would support Class A roofs. Sorensen noted that/he creekside areas were in a fire hazard area even/hough they may not be in /he hillsides, and said that/here should be a minimum Class B but she would support September 16, 1996 Cupertino City Council Page 4 Class A. Bautista supported Class B but hesitated about Class A bemuse of the increased cost and less than incremental benefit. Dean supported increasing all areas of the . community to a minimum of Class B. Burnett felt that all areas of the city should have Class A bemuse of the substantial increase in protection. The cost is a trade-offbetween aesthetics and safety. Chang moved to require Class A roofs as recommended by staff, including the findings as set forth in the draft ordinance: Local climatic conditions include precipitation, relative humidity, temperature and wind. Geographic and Topographic conditions include seismic activity and the number of commuters which travel through the city. Bautista seconded and the motion carried 4-1 with Dean voting no. The City Clerk read the rifle 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, and that the effective date be delayed until January 1, 1997, to allow tune for the State to review findings. The motion carried 5-0. The public heating was continued to the next meeting when the second reading and enactment of the ordinance is scheduled. 12. Application 6-EA-96 - Amendment to Chapter 19.108 of the Cupertino Municipal Code -- regarding television and radio aerials, related to expamion of definition to include other wireless communication facilities, location, siting design and other related subjects. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from September 3, 1996 meeting.) (a) First reading 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." Colin Jung, Associate Planner, reviewed the amendments to the code. There were no comments from the audience. Chang moved to grant a negative declaration. Dean seconded and the motion carded 5-0. Dean moved to approve the application per Planning Commission Resolution No. 4728. Chang seconded and the motion carried 5-0. The City Clerk read the title of the ordinance. Sorensen 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 carded 5-0. geptember 16, 1996 Cupertino City Council Page 13. Application 1-EA-96 - Amendments of Chapter 19.100 of the Cupertino Municipal Code pertaining to parking standards. Environmental Detcm,lnation: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from September 3, 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 Developmem Director reviewed the staff report. He noted there were no the requirements for bicycle parking at restaurants, and the ordinance would be amended to include that. Burner said that although the Planning Commission had considered and rejected changing the parking stall sizes, he preferred the uni-size. Dean suggested eliminating compact spaces. The Community Development Director said that those would be substantial changes, and asked for a two-week continuance to update the tables with the new measurements. Council discussed locked bicycle storage and whether apartment storage compartments could be counted in the requirements. Burnett felt that it could be counted as long was it -- was on the ground floor. A majority of the Council felt that 40%-50% bicycle storage should be provided in residential units. City Manager Don Brown said that eliminating.compact spacing could have unexpected ramifications. Burnett said he would like staffto look into a "halfway" space. Council concurred to continue this item to the next meeting. 14. Public heating to consider the proposed use of $30,000 in 1996-97 Local Law Enforcement Block Grant Funds for the Public Dialogue consortium discussions on community safety. Carol Atwood, Administrative Services Director, reviewed the staff report. There were no comments from the public. The public hearing was closed and Council received the report. PLANNING APPLICATIONS None. geptember 16, 1996 Cupertino City Council Page 6 UNFINISHED BUSINESS 15. Report to City Council regarding perimeter sound wall at Forge-Homestead Apartments, 20691 Homestead Road. The Community Development Director reviewed the staff report and said that the Plalanirtg Commission recommended installation of a masonry wail rather than a wooden wall. Mr. Vidovich, the applicant, displayed a sample piece of redwood fence which they proposed to install around the perimeter of the project.. He said that the lumber quantity is approximately double that of a typicai wood fence, and the cost is $50/foot compared to $80/foot for a masonry wail. The wood has greater aesthetic appeai, and he did not feel it was appropriate to erect a concrete barrier between neighborhoods. Where masonry walls aiready exist, the wooden wall will be constructed in front of it. Ms. Lynore Slaten, 20552 Shady Oak Lane, said she represented 106 residents of the Countrywood Homeowners Association. The new neighborhood will have a much higher density since there are 196 units on approximately the same size parcel. The residents are concerned about safety and the high density next door. Mr. David Kiel, 11107 Flowering Pear Drive, said he lives on the east border of the new - area and cars entering parking spaces head directly towards his patio only a few feet away. A wood fence would be inadequate to protect against a car out of control. Mr. Naren Kaita, 586 La Conner Drive, Sunnyvaie, said that the Planning Commission discussions focused only on noise and the safety issues were ignored. Hc said that in original discussions with the applicant they stressed masonry wails, and it was very misleading to have that changed to a wood wail. Mr. Sul-hing Leung, 20674 Mapletree Place, said he lived on the Homestead side of the project. There is already a masonry wall between his area and the Oddfellows Hail. They have many people parking there during bingo games, etc., and he has no concerns about cars breaking through the wall. Ms. Janet Wang, 590 La Conner Drive, Sunnyvaie, agreed with the previous speakers and said they had been misled into thinking a wall was promised. She agreed that a redwood fence would be nice in a single family area but not in this high density area. Ms. Diane Stickler said there is literally one car length between the parking lot and her kitchen, and she did not think the wooden fence would provide sufficient protection. Also, the beauty of the wood would fade over time. There has been a hostage situation n that neighborhood, and shootings, and the masonry wall is needed for both privacy and ..- security. The Public Information Officer read an electronic message from Mr. Jim Hunts supporting the masonry wail for better protection from vehicles in the parking lot. September 16, 1996 Cupertino City Council Page 7 Mr. Vidovich said that a masonry wall was never promised, although it was considered on the Sunnyvale side at one time. He said that the Planning Commission simply voted along with the will of the neighbors even though they thought the wood was more pleasing, but they did not make sufficient findings. The City Attorney reviewed packet pages 15-3 and 15-7 in which the temis wail and fence occur. He said in his opinion the words were used intemhangeably and neither is precluded. He said that the City Council should address issues of both sound attenuation and safety. Bautista said the main issue is safety from cars crossing the barrier, although the wood fence is more aesthetically pleasing, and they are equal in noise attenuation. Soreusen agreed. Chang said the sample fence was very different from standard wood fences, but he preferred masonry for both its long tcLffi durability and the psychological difference, he said he could also support a wall which was a combination of both masonry and wood. Dean supported the idea of a 3-foot cement barrier. Burnett said he had concerns about the acoustic performance of a wood wall since the wood will warp with time. When he had used the term wall and sound wall in prior discussions, his intention was that it be a masonry wall. Mr. Vidovich explained that the fence had a redwood field made of tight knot redwood which is above standard quality. The posts are pressure treated and measure 4"x 6". The wood overlaps so even if there is some shrinkage there will be no gaps. If the retaining wall is 2 feet high, he could put wood over that. Bautista moved that the applicant had the option to install either a masonry wall or a redwood fence in a uniform manner around thc perimeter of the development. The fence would be as discussed at the meeting but would include a minimum of 2 feet of concrete above the plane of the parking lot. The total height of the combined concrete and redwood fence shall be a minimum of 8 feet above the plane of the parking lot. Chang seconded and the motion carded with Bumett voting no. RECESS Council recessed from 9:40 p.m. to 9:50 p.m. NEW BUSINESS 16. Resolution No. 9706: Approving request from sheriff for use of AB3229 (Bnflte) Citizens Option for Public Safety (COPS) program funds of $100,800. The Administrative Services Director highlighted the staff report. Sheriff Chuck Gillingham said that the program requests had been put together by officers from the · substation and staff and he reviewed the list of materials which included a bicycle safety program, community bicycle patrol and neighborhood watch support, video cameras for September 16, 1996 Cupertino City Council Page residents to inventory their valuables, alcohol screening devices, computer system, night visions scopes, and car-mounted video systems. Captain Bob Wilson explained how the bicycle safety classes were arranged at the schools and on weekends. The City Manager said that the programs are very flexible and can be designed to support neighborhood watch activities. Dean moved to adopt resolution No. 9706. Bautista seconded and the motion carried 5-0. 17. First Reading 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 Manager reviewed the staff report. The City Clerk read the title of the ordinance. Dean moved and Sorensen 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. ORDINANCES 18. Second reading and enactment of Ordinance No. 1732: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19 of the Cupertino Municipal Code By Rezoning Approximately 1.29 Acres to Permit the Cor~kaction of Office Space, Auxiliary Parking and Landscaping Improvements Located on the East Side of De An?a Boulevard Near Scofield Boulevard." The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 5-0. Sorensen moved and Dean seconded to enact Ordinance No. 1732. Motion carried 5-0. 19. Second reading and enactment of Ordinance. No. 1733: "An Ordinance of the City Council of the City of Cupertino Setting Forth Specific Regulations Governing the Vending of Goods From Locations Which Are Not Pemianent To Minimize Negative Land Use and Traffic Impacts." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1733. Motion carried 5-0. -- 20. Second reading and enactment of Ordinance. No. 1734: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning a .17 Acre Parcel Located at 10036 Peninsula Boulevard (Application 4-Z-79, Modified)." September 16, 1996 Cupertino City Council Page 9 The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1734. Motion carried 5-0. 21. Second reading and enactment of Ordinance. No. 1735: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of. the Cupertino Municipal Code By Rezoning a Parcel Located at 22371 Cupertino Road From R-3 to Planned Residential Zone (Application 2-Z-96)." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1735. Motion carried 5-0. 22. Second reading and enactment of Ordinance No. 1738: "An Ordinance Of The City Council Of The City Of Cupertino Amending Chapter 19 Of The Cupertino Municipal Code By Prezoning And Rezoning Property Located On Miller Avenue And Calle De Barcelona (Application 4-Z-96)." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1738. Motion carried 5-0. 23. Second reading and enactment of Ordinance No. 1739: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to the Designation of Bicycle Routes." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1739. Motion carded 5-0. 24. Second reading and. enactment of.Ordinance No. 1740: "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." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1740. Motion carried 5-0. . September 16, 1996 Cupertino City Council Page 10 25. Second reading and enactment of Ordinance No. 1741: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition Along Certain Streets, on the West Side of Tantau Avenue From Phil Lane, South 170 Feet." The City Clerk read the title of the ordinance. Sorensen moved and Dean 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. Sorensen moved and Dean seconded to enact Ordinance No. 1741. Motion carried 5-0. STAFF REPORTS The City Manager reported that the city was having its first city-wide garage sale on the last weekend of September. Over 425 households have already signed up. He acknowledged the planning and organization of staff members Lavenia Millar and Pam Ledesma in making this event possible. COUNCIL REPORTS Bautista reported that he, the City Manager, and the Administrative Services Director would be meeting with Heitman Corporation regarding Vallco management issues. He also presented a letter of appeal to the City Clerk regarding Planning Commission Resolution No. 4747, a gas station on Stevens Creek Boulevard. Chang reported on the upcoming visit by the delegation fxom Cupertino's sister city of Toyokawa. A reception will be held in the lobby on September 25 at 3:00 p.m., and the delegation will stay through October 1. ADJOURNMENT At 10:15 p.m. the meeting was adjourned to 6:00 p.m., Monday, October 7, Conference. Room A, for interviews of applicants and appointment to the Public Safety Commission. City Clerk