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CC 05-06-96 CC-922 MINUTES Cupertino City Council Regular Meeting May 6, 1996 PLEDGE OF ALLEGIANCE Mayor Burner led the Pledge of Allegiance and called the meeting to order in the City Council Chambers, 10300 Torre Avenue, at 6:50 p.m. ROLL CALL Council members present: John Bautista, Michael Chang, Wally Dean, and Mayor Don Burnett. Council members absent: Lauralee Sorensen. Staff present: City Manager Don Brown; City Attorney Charles Kilian; City Clerk Kimberly Smith; Administrative Services Director Carol Atwood; City Planner Ciddy Wordell; Associate Planner Colin Jung; Planner II Vera Gil; Public Information Officer Donna Krey; Parks and Recreation Director Steve Dowling; and Public Works Director Bert Viskovich. '- CEREMONIAL MATTERS - PRESENTATIONS Mayor Burner presented a proclamation to Mr. Dick Blaine, Chairman of the Cupertino Bicycle/Pedestrian Committee, declaring the month of May as National Bike Month. Mayor Burner presented awards to the winners of the Second Annual Los Altos Garbage Company poster contest. This year's theme is "Save A Tree" and promotes the expansion of the city's recycling program to include mixed paper. Ms. Amy Aitken from Los Altos Garbage introduced the winners: Ola Balicka; Paula Chang; Zlaran Kremonic; Serena Kuo; Enoch Morishima; Anu Ranganathan; Rebecca Spicer; Tamara Struk; and Jenni Wortham. ORAL COMMUNICATIONS Mr. Brian Kelleher, 10030 Scenic Boulevard, said he was speaking on behalf of Mr. Peter Ho of M&A Aecupressure and Massage. He Said that May 15 was the deadline for the employees to be certified as massage therapists, and asked for a six-month extension. The employees, who are Vietnamese, had prepared at some length for a written examination, but when itwas given orally in English they had difficulty. They also needed to qualify to take a National Certification Exam. City Manager Don Brown said that he and the Human Resources Officer were reviewing the situation to see if a good faith effort was made to take the exam. He would work with the applicant to see if the situation could be remedied in a reasonable amount of time, and if not, the -- matter would be brought back to City Council. Mr. Floyd Meyer, resident of Cupertino, noted that the dust covers for the flags were not being used, and that the flag of the United States must be given honor. He asked that Council look into May 6, 1996 Cupertino City Council Page 2 two issues. One is the trading of old hundred dollar bills with Russia and the potential for counterfeit bills being returned and circulated in the United States. The other item is the issue of child abuse at the juvenile justice building. Mr. Dick Neighbors, Incoming President of the Cupertino Jaycees, distributed a community development survey and asked the council and public to fill it out. He also invited everyone to a Jaycees event honoring council member Wally Dean. CONSENT CALENDAR Chang moved to adopt the Consent Calendar items as presented, with the exception of item No. 18 which was removed from the agenda at the request of staff. Dean seconded and the motion carried 4-0 with Sorensen absent. 1. Resolution No. 9599: Accounts Payable, April 12, 1996. 2. Resolution No. 9600: Accounts Payable, April 19, 1996. 3. Resolution No. 9601: Accounts payable, April 26, 1996. 4. Resolution No. 9602: Payroll, April 19, 1996. 5. Review of application for Alcohol Beverage'Control license for Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard 6. Approval of minutes of the April 15, 1996 council meeting. 7. Resolution No. 9603: Authorizing destruction of records. 8. Resolution No. 9604: Setting date for consideration of annexing area designated "Byme Avenue 96-02", property located on the west side of Byme Avenue between Dolores Avenue and Alcazar Avenue; approximately 0.165 acre, Ikeda (APN 357-12-033). 9. Resolution No. 9605: Setting date for consideration of annexing area designated "Byme Avenue 96-01", property located on the north side of McClellan Road between Byme Avenue and Orange Avenue; approximately 0.172 acre, Askarinam (APN 357-14-012). 10. Resolution No:. 9606: Approving Contract Change Order .No. 27 for Cupertino Nine School Site Improvements, Project 93-9106. 11. Acceptance of city projects performed under contract: (a) Kennedy Junior High School Snack Shack, Part of Project 93-9106; (b) Blackberry Farm Picnic Grounds Swimming -- Pool, Project 95-101. May 6, 1996 Cupert/no City Council Page 12. Resolution No. 9607: Declaring intention to order vacation of public utility easement and sanitary sewer easement; fixing time and place for hearing and providing for notice thereof; Located over a portion of Lot 98 of Tract No. 8325; Citation Homes, Southeast comer of De Anza and Homestead. 13. Resolution No. 9608: Approving contract change order No. 3 for Blackberry Farm Picnic Grounds Swimming Pool, Project 95-101. 14. Resolution No. 9609: Accepting quitclaim deed and authorization for underground water rights from Harold George Barclay and Kathryn L. F. Barclay; APN 356-01-010, 22605 Ricardo Road. 15. Resolution No. 9610: Accepting grant of easement for public utilities from Harold George Barclay and Kathryn L. F. Barclay; APN 356-01-010, 22605 Ricardo Road. 16. Resolution No. 9611: Accepting grant of easement for roadway purposes from Harold Oeorge Barclay and Kathryn L. F. Barclay; APN 356-01-010, 22605 Ricardo Road. 17. Resolution No. 9612: Approving final map and improvement plans of Tract No. 8797; southeast comer of De Anza Boulevard and Homestead Road; Citation Homes; accepting certain easements; anthodzing signing of final map and improvement plans; authorizing execution of agreement. 18. Resolution No. 9613: Approving final map and improvement plans of Tract No. 8831; southeast comer of De Anza Boulevard and Homestead Road; Citation Homes; accepting certain easements; authorizing signing of final map and improvement plans; authorizing execution of agreement. (This item removed from agenda, no action taken.) 19. Monthly Activity Report and budget update, March, 1996, Vote Members of the City Council AYES: Bautista, Bumett, Chang, and Dean. NOES: None ABSENT: Sorensen ABSTAIN: None' PUBLIC HEARINGS 20. Public hearing to consider amending Chapter 19.40 of the Cupertino Municipal Code, Residential Hillside (RHS) zones, related to exception findings, house size, grading quantity; and to consider amending Chapter 19.08 of the Cupertino Municipal Code, Definitions, related to the definition of basement. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. May 6, 1996 Cupertino City Council Page 4 (a) First reading of Ordinance No. 1725: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.40, Residential Hillside (RHS) Zones of the Cupertino Municipal Code and Chapter 19.08, De£mitions of the Cupertino Municipal Code Rolated to Definition of Basement." The City Planner, Ciddy Wordell, reviewed the staff report. Two letters were distributed from the firm of Jackson and Abdalah. The letter of May 1 addressed concerns about provisions related to 30% slope and prominent ridgelines. The letter of May 6 withdrew their request for an immediate change to the zoning ordinance. Mr. Jim Jackson said that he and Kathy Nellis were representing the Regnart Ridge Homeowners Association. Their three concerns were the 30% slope, prominent ridgelines, and the exception process, and how those provisions would affect existing homes. Conversations with the City Attorney gave them assurance on the 30% slope. Specifically, instead of using the entire lot to detem~ine the slope, they will only use the area of addition. He said that they agreed that it would be best to wait for a General Plan revision in October to address the other issues so they would not be making piecemeal changes. For that reason they now support staff's recommendation. Ms. Kathy Nellis, 22322 Regnart Road, said there were up to 250 existing homes in the hillsides which are on hills which would be affected by the 30% slope restrictions. She asked for an opportunity to work with staff in more detail and come back with well- thought-out ideas to reflect the interests of council and the people who live in the hills. Dean moved to approve the application per Planning Commission Resolution No. 4699. Chang seconded and the motion carded 4-0 with Sorensen absent. Wordell confirmed that this action would include a 10,000 square foot minimum in the clustering area. Chang moved to grant a negative declaration. Bautista seconded and the motion carded 4-0 with Sorensen absent. The City Clerk read the title of ordinance No. 1725. Dean moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carded 4-0 with Sorensen absent. Chang moved that a minute order be sent to the Planning Commission directing that during the annual review of the General Plan, consideration be given to possible General Plan and ordinance revisions regarding, remodels to existing.homes.in.the hillsides, and to have the spirit and intent of the General Plan be adhered to even if it means different rules for existing residences. Bautista seconded and the motion carried 4-0 with Sorensen absent. May 6, 1996 Cupertino City Council Page 5 21. Application No. 10-Z-95 - City of Cupertino - Request for rezoningJprezoning of 250+ acres located in the hillside areas north and east of Regnart Canyon generally bounded by Upland Way, Lindy Lane, Linda Vista Park, Miramonte Street, and Stevens Creek to the urban service area boundary line, from R1-10 (Residential, single-family, 10,000 sq. ft. minimum lot size) zone; R1-40 (Residential, single-family, 40,000 sq. ft. minimum lot size) zone: R1-60 (Residential, single-family, 60,000 sq. ft. minimum lot size) zone; R1- 80 (Residential single-family, 80,000 sq. ft. minimum lot size) zone; RI-100 (Residential, single-family 100,000 sq. ft. minimum lot size) zone; A1-43 (Agricultural-Residential, 43,000 sq. ft. minimum lot size) zone; A1-100 (Agricultural-Residential, 100,000 sq. ft. minimum lot size) zone; Ri-IS (Residential hillside) zone; pm-RI-IS (pre-Residential hillside) zone; and pre-A (Pre Agricultural) zone to RHS (Residential Hillside) zoning district. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. Consideration of Planning Commission report regarding Mr. Gary Stokes' request for exclusion of 3 lots from the proposed RHS zoning boundary. Recommended for denial. (a) First reading of Ordinance No. 1716: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by Rezoning and Prezoning Approximately 250 Acres of Land From RI-10, R1-40, R1-80, RI-100, A1-43, Al-100, RHS, Pre-R/IS and Pre-A to RHS (Residential Hillside) Zoning District; Located North and East of Regnart Canyon and Generally Bounded By Upland Way, Lindy Lane, Linda Vista Park, Stevens Creek to the Urban Service Area Boundary (Application No. 10-Z-95 - City of Cupertino)." Associate Planner Colin Jung reviewed the staff report and reviewed some slides of the homes on Regnart Court. Mr. Gary Stokes, resident of Regnart Court, showed Council a colored site plan of three homes on Regnart Court which he requested be exempted from the rezoning. He noted that staffs original recommendation was to exclude these three lots from the ordinance, and even the Planning Commission had a difficult time decided which way to go, and ultimately recommended that they be included in the rezoning. Almost 50% of the lots which have already been excluded are contiguous to these three lots. These are the only one-story homes in the area so even if they were to be add-ons, they would fit in with the character of the neighborhood and none of the lots exceed 20,000 square foot and so could not be subdivided. Jung explained that these three lots fall into a mid-range area. Elevations of the houses do have a greater amount of visibility than lots already excluded; the lots are slightly larger, but smaller than the other hillside lots. Dean said he believed that these property owners feared they would be lumped into the same segment as the Regnart Canyon properties. Jung said that the concern is whether it will be as easy to add on to their homes as it was before, and now if they cannot meet the May 6, 1996 Cupertino City Council Page 6 '- prescriptive requirements they are subject to the scrutiny of a public review body which was not required before. Bautista said he wished to avoid piecemeal exceptions to the ordinance, and would support the Planning Commission recommendation. He felt these three lots are closer in character to others on the court, as opposed to the 20 smaller lots which were exempted. Also, the interpretation of the slope provisions discussed tonight will make it easier to modify existing structures. Chang said that there appears to be a need to evaluate and define the boundaries between hillsides and Valley floor residential, and perhaps the Planning Commission should be 'asked to do so. Bautista said he felt the boundary had been defined, the question is whether the criteria has been del'reed, but he felt they should stay with the boundaries as drawn. Dean said he felt that they may be able to solve the concerns of the property owners when the General Plan is reviewed. Bumett agreed with Bautista's comments. He felt these 3 houses were more in character with the hillside homes, and would support the Planning Commission recommendation. Chang moved to grant a negative declaration. Bautista seconded and the motion carried 4-0 with Sorensen absent. Bautista moved to approve the application per Planning Commission Resolution No. 4700. Dean seconded and the motion carried 4-0 with Sorensen absent. The City Clerk read the title of ordinance No. 1716. Dean 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 4-0 with Sorensen absent. NEW BUSINESS 22. Request from Tandem Computers, Inc. for interpretation of Housing Mitigation Manual. Planner II Vera Oil reviewed the staff report. Representatives from Tandem Computers asked that the reference to a "Housing Development Bank" be interpreted to include the use of housing .mitigation credits for.development.of.a .housing project, and allow Tandem to "bank" the pre-mitigated office square footage until such future time that Tandem develops one or more office projects. The Housing Committee recommended that any low and very-low income units generated by the developer purchasing Tandem's property be counted towards Tandem's housing mitigation requirements for future development. Mr. John Haley said he was the manager of strategic work place planning for Tandem Computers. He explained that they have many parties interested in purchasing the site May 6, 1996 Cupertino City Council Page 7 known as the "fruitpacking site." The General Plan r~quires companies that wish to develop office space to cause to be built the mitigating housing that is linked to that office development. There seems to be no better way for this to take place than to invest in the land, and then condition the sale of the land to cause housing to be created. The difference is that Tandem wishes to do this prior to building the office space. Another potential issue is that the future owner of the site may feel that they are the owners of the office mitigation credits. Tandem proposes to include in the purchase and sale agreement that the office and mitigation credits can only be used by Tandem. Since the housing portion is occurring first, Tandem understands the compromise to count only the below- market-rate units, and not allow rent-capped or price-capped units. He said the factor which limits how much future office space is mitigated is the base number of BMR units. In this case, only 250,000 square feet of future office space mitigation is possible. Dean said Tandem is addressing a situation that was created by the Council, just in a reverse order, and saw no problem. Bautista agreed, and said ultimately he would like to see this regulation cut back significantly. There are ways to mitigate the need for housing through affirmative zoning and other methods besides requiring companies to cause housing to be built. Chang agreed this proposal meets the spirit of the roles, and he would support it. · - Burnett said he had gone on the record previously objecting to the requirement that companies provide housing. Companies do have a responsibility to mitigate the impact of the jobs they create, but an impact fee could be charged to do that. This is not the right way to provide housing, rather Council should zone at the densities and locations where they feel is appropriate. He said when that issue was raised earlier it was not supported by other Council members. He said he would support Tandem's request. Dean moved to support Tandem's interpretation and the Planning Commission recommendation and directed staffto amend the Housing Mitigation Manual accordingly. Chang seconded and the motion carried 4-0 with Sorensen absent. Bautista asked if there would be support from Council to agendize this issue and consider the eventual elimination of the requirement that companies cause housing to be built. Chang, Dean and Bumett said they would support that. City Manager Don Brown said that prior to the next General Plan review, staff will develop some options and bring those back to the City Council. 23. Schedule budget study session for week of May 27. The Administrative Services Director suggested the dates of Wednesday and Thursday, May 29 and 30. The meeting(s) will begin at 7:00 p.m. and 6:30 p.m., respectively, and -- will be held in Conference Rooms C and D. Council members concurred. 24. Adoption of the Graffiti Informant Reward Program. May 6, 1996 Cupertino City Council Page The Public Works Director reviewed the staff report. The Graffiti Task Force has recommended the following action plan: (1) Poster contest for 7th-12th grade students; (2) An informant reward program with up to $1000 rewarded for information leading to apprehension and punishment of the tagger; (3) Establish procedures to recover all costs from parents, including the reward funds; (4) A commitment by the city to remove graffiti within 48 hours. Other agencies will be requested to do the same, and will be invited to participate in the reward program. The hotline number is 777-3100, and callers may remain anonymous. 'In order to claim their rewards, the infomumt will be identified by the date and time of call, and will receive their reward in cash after a period of 45 days. Bautista expressed concern that the rewards may send the wrong message. The poster contest awards are much higher than similar contests. Also, there are other crimes which are more critical than graffiti, and a reward system for graffiti may trigger requests for rewards for other kinds of crimes. Citizens must be informed of their civic duty, and it should not have a price tag. Dean said that the city only has to front the reward costs, which will ultimately be recovered from the parents. The high school has a reward system in place, and they are getting a 90% of the people that are tagging because of that system. By putting a dollar amount on it, it attracts the attention of both students and children. Bautista said he did not mind if the costs were paid by the parent and the city is merely brokering the process. Dean noted that if graffiti prevention does not take place, the city must bear the costs of clean-up. The Public Works Director explained that this will be a cost-recovery program. The City will attempt to collect the costs of graffiti abatement and any rewards. Parents may be fined up to $25,000 per incident. The task force will be responsible for detemlining the amount of the rewards. Dean moved to approve the Graffiti Informant Reward Program. Bautista seconded and the motion carried 4-0 with Sorensen absent. STAFF REPORTS 25. Report on Federal Communications Commission authorized cable rate increase effective June 1, 1996. The Public Information Officer reviewed the staff report. TCI Cablevision has discontinued its practice of quarterly rate increases and will raise rotes once a year. Bautista moved to authorize staff to continue reviewing the FCC 1240 form and to issue a rate order disapproving any increases that are not satisfactorily addressed by June 1, - 1996. Dean seconded and the motion carded 4-0 with Sorensen absent. COUNCIL REPORTS May 6, 1996 Cupertino City Council Page 9 Counc. Bautista reported that theEconomic Development Team is meeting bi-weekly and they are looking for ways to broker information such as working on a data base and web site with the Chamber of Commerce. Counc. Chang reported that the Cherry Blossom Festival was very successful. Mayor Burnett reported that Tom Campbell was the speaker at the Association of Bay Area Governments meeting held in San Jose. The constitutional revision commission is undergoing major changes. The City Manager reviewed the recommendations of the Legislative Review Committee. Council concurred with the recommendations: Oppose AB 308 l(Olberg), Real Property: Fees for Development Support SCA 36 (O'Connell) Local Government. Special Taxes Support AB 3229 (Bmlte) Earmarking of Personal Income Tax for Local Law Enforcement Agencies Support AB 2579 (Baugh) Adult Entertainment. Local Control. Support AB 2974 (Olberg) Vehicle Registration, Booking Fee collection. Brown invited the community to the Senior Center this Friday for the Walk a Golden '- Mile fundralser and auction. He also invited everyone to Blackberry Farm on Saturday for Community Day. There will be free admission, inexpensive barbeque meals, and entertainment. ADJOURNMENT At 9:00 p.m. thc meeting was adjourned.