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CC 04-15-96 CC-921 MINUTES Cupertino City Council, Regular Meeting April 15, 1996 6:45 p.m. PLEDGE' OF ALLEGIANCE At 6:50 p.m. the Council convened in the Council Chambers and Mayor Bumett led the Pledge of Allegiance. ROLL CALL Council members present: John Bautista. Michael Chang, Wally Dean, Lauralee Sorensen, and Mayor Don BurneR. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Associate Planner Colin Jung; Planner II Michele Bjurman; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Don Burnett presented a plaque to Mr. Paul Graham, Deputy Sheriff, who was injured in the line of duty. Mr. Graham thanked the Council. The City Manager acknowledged Mr. Graham's fellow officers who were in the audience. Mayor Burner presented a Certificate of Recognition to Cupertino Olympic Torch Bearer Mike Bruner, a fom~er gold-medal Olympian, and Kay Roberts, a community volunteer. Mayor Bumett read a proclamation acknowledging the passing of Mr. Don Frolich and his years of service to the community. He extended condolences to the Frolich family members. Mr. Frolich's son, Jim, accepted the proclamation. The City Manager noted that the community was invited to a special remembrance at the Quinlan Center which would be held Tuesday evening. WRITTEN COMMUNICATIONS Fax from Mr. Floyd F. Meyer, regarding code enforcement issues. The Administrative Services Director distributed photographs to Council showing the four vehicles and the motorcycle which were unregistered, inoperable, and parked in Mr. Meyer's driveway. She said that Mr. Meyer had requested an extension to April 15, which was granted, and he was now requesting an additional extension. Staff recommends a two week extension ._ only and if the vehicles have not been removed or registered and made operational by that time, then abatement pwceedings will begin. Council concurred to grant a two week extension. Mr. Meyer was not present. April 15, 1996 Cupertino City Council Page 2 Letter from Ms. Cherry Walsh requesting an amendment to the zoning ordimmee which would allow a koi tank located within the three-foot setback in her side yard, 10284 Ann Arbor Court. Ms. Waish said that the procedure needs to be improved so that someone can look into the validity of complaints filed. She could prove the ~t~cturcs in her backyard are not a nuisance, but has not been given the opportunity to do so. She said she would volunteer her time in a neighborhood dispute situation to do some fact gathering and give a report on the overall complaint. She said that citizens need to have their rights protected and instead of these situations being dealt with by Code Enforcement, it should be done by code resolution. Associate Planner Colin Sung reviewed the staff report in the packet regarding Ms. Walsh's request. He explained that one reason for the setback restrictions was to provide clearance for fire suppression purposes. Mr. Jung said the three recommended options were to have Ms. Walsh abate the problem by removing the fish tanks, have her seek a variance request, or have the City Council amend the zoning code. Staff could find no justification for changing the existing ordinance and therefore, suggested that Council advise Ms. Walsh to comply with the code. Staff has explained that the granting of a variance requires a rigorous assessment of state- mandated findings and is therefore not guaranteed. Mr. Sung said that Ms. Waish would not be precluded from moving the tanks to a different part of her yard. Burnett said that he had seen the tanks and that some of the neighbors' concerns included noise from thc pumps as well as thc frogs which were attracted to the tanks. In the event of an earthquake, there could be a lot of water sloshing onto the neighboring properties. He said it appeared that the neighbors are asking for three feet of protection from this commercial enterprise. Chang moved that the ordinance remain unchanged and that Ms. Walsh be directed to seek a variance or to abate the violation by moving the tanks. Bautista seconded and the motion carried 5-0. Mr. Richard Murdock, 21194 Loretta Drive, said he was a neighbor of Ms. Walsh and agreed that the three-foot setback rule made sense. He said that he would like a three-foot buffer zone between her in-home commercial usc and his personal property. Mr. Murdock explained that his property was two or three feet lower than hers and the tanks near his fence were much higher on his side of the lot. Mr. Doug Yee, 10274 .Ann Arbor Court, said there had been some minimal impact on his property from thc noise of the pumps and frogs, but it had also restricted his use of pesticides on his property. His major concern was with the amount of foot traffic generated by this business. If Ms. Walsh is forced to move her tanks to the north side of the property, then the foot traffic will wind up being on his side of the yard again. He asked that the Council not allow an exception and that they move swifdy to enforce the setback requirements. Mr. David Bunzel, 10294 .Ann Arbor Court, said that most of the issues related to the three-foot setback had already been addressed in correspondence to City Council, but there were some other issues as well. One of those was the relatively minor impacts of noise from pumps and frogs. A more pressing concern is that the tank and some of the pump equipment is not anchored and it has leaked into his property. The tank sits on a three-foot retaining wall above the level of his Apr/1 15, 1996 Cupertino City Council Page 3 property and the location of the tank presents a lmzar.d in an earthquake. Also, the tank has a drain which flows directly into thc street contrary to environmental regulations. Mr. Bunzel said exemptions to the city policies are expensive to process and he is aware of three other thnes/n the past year when Ms. Walsh has attempted special consideration or an exemption from rules which were established to protect the residential character of the neighborhood. Mr. Floyd Meyer appeared before City Council to discuss his written communication. Burnett explained that Council had already acted to allow a two week extension to the deadline by which Mr. Meyer must remove the vehicles from his pwperty or have them registered and operational. Mr. Meyer agreed that the situation was an eyesore. He said that his time had been taken up with doing other things, some of which were Council's responsibility. He said he has a list of items, A through Q, which Council has refused to consider for ten years or more and that Council had also refused to enforce a warrant which was issued for Mr. Meyer by Santa Barbara County. Mr. Meyer said he suspects that in both this county and Santa Barbara, traffic tickets are being pigeonholed and not all are being reported to the State. He said that if Council would follow up on those other things, he would be able to turn his attention to cleaning up the property. ORAL COMMUNICATIONS None, CONSENT CALENDAR Sorensen moved to approve thc items on the consent agenda. Chang seconded and the motion carried 5-0. 1. Resolution No. 9589: Accounts Payable, March 29, 1996. 2. Resolution No. 9590: Accounts Payable, April 5, 1996. 3. Resolution No. 9591: Payroll, April 5, 1996. 4. Review of application for Alcohol Beverage Control license for Samrat Restaurant, 20956 Homestead Road, Suite H. 5. Approval of minutes of the April 1, 1996, regular City Council meeting. 6. Request to waive the standard hours of operation to allow Cupertino Educational Endowment Foundation to operate an outdoor fundraising event on May 18, 1996, until 12 michfight at 10435 North Tantan Avenue. 7. Request for fee waiver by Cupertino Community Services for use of Blackberry Farm Picnic Grounds for annual fund raiser. 8. Resolution No. 9592: Approving contract change order No. 26 for Cupertino Nine School Site Improvements, Project 93-9106. April I 5, 1996 Cupertino City Council Page 4 9. Acceptance of city projects performed under contract: Kennedy Junior High School Site, Part of Project 93-9106. 10. Resolution No. 9593: Accepting quitclaim deed and authorization for underground water rights from Steven Charles Lipp; APN 326-16-060, 10201 Hillcrest Road. 11. Resolution No. 9594: Accepting quitclaim deed and authorization for underground water fights from William F. Klein and Greta L. Klein, Trustees of the Family Trust agreement dated October 23, 1990; APN 326-37-022, 10187 Stonydale Road. 12. Resolution No. 9595: Accepting grant of easement for roadway purposes from Steven Charles Lipp; APN 326-16-060, 10201 I-Iillerest Road. 13. Resolution No. 9596: Approving the final map and improvement plans of Tract No. 8824 located on the east side of Blaney Avenue between Stevens Creek Boulevard and Price Avenue; Developer, Kelly Gordon Development. 14. Resolution No. 9597: Approving the final map and improvement plans of Tract No. 8817 located on Tone Avenue between Stevens Creek Boulevard and Rodrigues Avenue; Developer, Cupertino Classics. 15. Resolution of negotiations for entrance to First Baptist Church, adjacent to Creekside -- Park on Miller Avenue. Vote Members of the City Conncil AYES: Bautista, Chang, Dean, Sorensen, Burner NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARINGS 16. Public hearing to consider appeals of Planning Commission approval of Application 11- U-95, Cupertino De Oro Club. Appeals were filed by The Cupertino Historical Society, Inc. and Friends of Old Collins School. Application 11-U-95 requested a use permit to add a 580 sq. ft. serving area to an existing club building located at 20441 Homestead Road. Planner Michele Bjurman reviewed the staff report and showed maps representing the site plan and the floor plan. She said that the structure was built in 1889 as a one-room school-house and was added to in 1908 and 1914. The building was relocated in the 1950's. It is listed as a historical site in the General Plan and the Santa Clara County _ Heritage Resource Inventory, but it is not currently listed on the National Registry of Historic Places nor the California Registry of Historic Resources. The first appellant is the Cupertino Historical Society, which recommends a one-year moratorium on any further action on any historic buildings until the draft historic preservation ordinance been approved. The second appellant is Friends of Old Collins School; they feel that the Aprll l:~, 1096 Cupertino City Council Page 5 changes may not preclude the building from state or federal historic designation, but it will modify the original integrity of the building, which they feel should be preserved. There is a historian's report which indicated that the modifications would not preclude this building from being listed on the National Registry and the historic preservation ordinance as presently drafted would not affect the addition as it is proposed. Bumett pointed out that there was an error in the drawing. On the west elevation, the north end of the building, the gable was incorrectly drawn. The corrected drawing would give the building a rectangular profile. Doris I-Iijmans, representing the De Oro Club, said she was currently Director at Large and a member of the remodeling committee. She said that to preserve the historic building was not their sole purpose. Another purpose is to acquire and improve such buildings as may be suitable and convenient for the occupation of a peiixianent club house. The building has a 30-year history as a school and a 75-year history as a club house. A delay in this proceeding would be a hardship to the club because, in anticipation of remodeling, they ceased to take reservations for a period of one year. If this application is delayed, the De Oro Club will suffer a loss of income for not only this expected year, but possibly an additional year. Ms. Hijmans explained that many of the people who had opposed the remodel were not members of the De Oro Club, but were members of the Historical Society. A vote was taken of the membership; 54 members voted in favor of the remodel, and 13 voted against it out ora total membership of 102. Ms. Mary Lou Lyon said she was a member of the Santa Clara County Historical Heritage Commission. She expressed concern that insufficient planning had been done to reflect their intention for the interior of the building. She objected to the removal of original construction which had been done by a ship builder because that kind of construction and lumber is no longer available. If the club would agree to become listed on the National Registry, they would receive many variances which would allow them to convert an existing bathroom to one which is wheelchair accessible. Current plans would call for those in a wheelchair to access the restroom by going up on top of the stage. Also, in order to install that bathroom and kitchen modification, it would be necessary to remove a load-bearing wall. She suggested that the De Oro Club investigate other alternatives to avoid knocking out the back wall of the original construction. Mr. Charles Newman said that he was speaking on behalf of the Cupertino Historical Society. He said that a letter had been forwarded to Council dated March 20, which concisely stated their position and asked that Council action on this item be deferred until the historical preservation ordinance had been adopted. It is inconsistent to pass this application when there is an ordinance in progress which should be applied to the application. Mr. Newman reviewed the building's historical significance. Mr. Newman said that this would not really be a modification of the building; it would be a demolition of the wall on the north side. State and federal guidelines recommend that additions to historical structures be done in a style different from thc original. This would not be an insignificant modification. He asked that Council defer their decision on this application until the historic preservation ordinance was adopted. April 15, 1996 Cupertino City Council Page 6 City Manager Don Brown noted that this application had been reviewed by the Planning Commission and they did not feel that there would be a problem in having it proceed ahead of the historic preservation ordinance. Bjurman noted that there was an enclosure in the packet which is a minute order from the Planning Commission. It indicates that they recognize the significance of the application, but did not feel the ordinance and application were in conflict. Mr. Newman said that he disagreed and what is recommended in state and federal guidelines is different than what is proposed here. Ms. Audrey Butcher said that she was a member and Past President of the De Oro Club and was representing the Friends of Old Collins School. She said that since the De Oro Club pled fmanciai hardship as a result of canceling reservations, she felt empowered to set the record straight. Without any rentals whatsoever, the club is financially well off. She said that the City Council's decision would have a wide impact. Ms. Beez Jones, representing the Friends of Old Collins School, explained the split which had occurred in the club. The 13 members who were opposed to the remodeling were from very old Cupertino families. Those individuals feel that Cupertino does not have enough historical buildings. They are in favor of upgrading the club house to improve the kitchen, the restrooms and the storage area, but they feel it can be done within the existing walls. Currently, there are no exact plans showing the kitchen layout or the ramps to the handicapped-accessible restrooms. She expressed concern about the removal of the load-bearing wall and its impact on the integrity of the roof. She agreed that having handicapped restrooms on the stage would not be the best solution because people would not want to use those restrooms during a perfo~mnce. She asked that Council require a more detailed architectural drawing, showing ail the suggested changes, as well as the significance of removing a load-bearing wall and the changes to the roof. Ms. Pat Howard, Past President of the De Oro Club, said that she was asked to speak on the history of the club. She reviewed the history of the building from its original use as a school room, which was later sold to the charter members of the Cupertino De Oro Club. It was remodeled and partitions were moved and a kitchen installed. In the 1930s, a stage and dressing area were added which extended the room by 15 feet. In the 1940s, gingerbread was removed from the exterior walls and in the 'SOs, the building was relocated to its present address and a third bathroom was added. In the '70s, grillwork was added to the tower and in the '80s, a blacktop parking lot and a new roof were added. In the opinion of the historian whose report is in the packet, any additions by the club at this time would merely be an add-on to an add-on. This building has been private property for 75 years and at no time have funds been provided by the Friends of Old Collins School or the City of Cupertino. She asked for Council's approval of their application. Ms. Arleen Walton, representing the Cupertino De Oro Club, said she was co-chairman of the remodeling committee. She explained that one of the reasons for remodeling was the lack of storage. They are trying to store over 62 years worth of history, business records, equipment and housekeeping supplies in the small area that was created when the April I $, 1996 Cupertino City Council Page 7 stage was added. At the present time, overflow is stored in the board room and must be moved in and out every time the room is used. It is also difficult to access the tables and chairs for 150, because that room is used for storage of ladders and paint. In the extension, they plan to have a space to store the baby grand piano when it is not in use. The extension of the building will allow them to separate kitchen and janitorial operations. She said there had been a suggestion that these items be stored in a shed, but they question whether they would be accessible in all weather and whether the members would be able to carry them in and out. Mr. Mike Horton, project architect, said that he had heard many comments that the plans are not accurate, but he disagreed and said that all of the dimensions on the plan were correct. He said the floor plans do not show the exact location of the appliances, but that was taken into consideration because he was aware of the plans which the De Oro Club had for that use. He said that although a load-bearing wall would be removed, it could be replaced by beams and columns. He said that it is their intention to match exactly, to their ability, the materials and type of construction. Ms. Alberta Stauss, representing the Cupertino De Oro Club, said that these drawings are preliminary to give Council a feel for what is to be done. Ms. Kathy Nellis said she was a member of the Historical Society's Board of Directors. She said she felt that the building was historical, not only for its use as a school and as the - De Oro Club, but also for its architecture, design and construction. It is the club's intention to preserve as much as possible of the building, including the original windows and the gable area. She asked that if Council approved this, they consider requiring the inclusion of certain elements being preserved. She added that the City Planner had told her that this would be a precise approval of what will be done, including the layout of the interior walls, so she was not clear if the De Oro Club still plans to do some re-arranging as the construction proceeds. Bjurman said that from staff's perspective, this floor plan and its layout will be what is approved in con~ixacfion drawings. She would only be able to make very minor changes at the staff level. There may have been confusion between preliminary conceptual plans and fmai construction drawings. Those are very precise and they are not required at the planning stage. Bautista said that he was not in favor of proceeding and it would make sense to review the draft historic preservation ordinance first. Council should also answer the question whether they want to make it a point to follow national and state historic guidelines and to determine whether this application does that. He agreed with Mr. Newman that this was not an insignificant modification. He felt that the integrity of the building was important and he urged the De Oro Club to explore other ways of modifying the interior of the building to meet their needs. - Sorensen agreed that this item should be deferred until they had seen the ordinance. She agreed that the architecture is significant. Dean said that he respected the opinion of the Planning Commissioners on this matter and they do not feel it is necessary to hold this item up. April 15, 1996 Cupertino City Council Page g Bjurman said that her interpretation of the Planning Commission recommendation was based on the historian's report that the building could continue to be eligible for designation. Staff was asked to compare the city's draft ordinance to the ordinances in place in other communities. The historian had outlined this in his report and described the hierarchy of preservation. The first and primary guideline is that there be no addition to a historic building. The second guideline is that if there is to be an addition to a building, it should be detached. Right now, the city's ordinance falls under the concept of rehabilitation, which acknowledges buildings to be historic, but recognizes the practical point of view which allows additions to them to make the structures usable. Another option is to amend the ordinance so that ail additions or treatments follow strictly under the hierarchy which was described previously. The Planning Commission will begin to explore that in their next round of review. Chang said that preserving history in Cupertino is very important, as is maintaining locations that have a sense of place. He said that he would like to take a closer look at the proposed ordinance before he makes a decision on this application. He agreed that he would like to have a g~arantee from the architect that as many architectural features as possible would be preserved from the original building. Bumett said that he agreed with Dean's position. Bumett said the De Oro Club had taken loving care of the building for many years and he could not see any significant degradation to the property as a result of this application. He felt that a separate building would be a disservice to the club for practical purposes. The De Oro Club members know what their needs are and they are entitled to have the major say in how the changes will be made. Bumett said he was in favor of the staff recommendation and allowing the De Oro Club to proceed with their changes. Baufista said that he would like to see the draft ordinance and he felt that it was worthwhile for the De Oro Club to investigate other options to meet their needs within the existing structure. Dean moved to approve staff's recommendation. Bumett seconded and the motion failed with Baufista, Sorensen and Chang voting no. Chang moved to continue Application 11-U-95 to May 20 so that Council will have an opportunity to look at the proposed ordinance and its relationship to this application. Baufista seconded. Sorensen, Burnett, and Chang noted that they had all visited the site. City Attorney Kilian noted that this should be the last continu_ance because the Streamlining Act requires that the Planning Commission and Council act expeditiously. Baufista asked that the De Oro Club consider alternatives that would limit changes to the interior of the building. The motion carried 3-2 with Dean and Bumett voting no. NEW BUSINESS 17. Authorization to allow a concession cart in Memorial Park during the summer months. The Parks and Recreation Director reviewed the staff report. There would be a competitive Request for Proposals, and some percentage of gross revenues would be paid April 15, 1996 / upertJno City Council Page 9 to the city. Selected vendors would be awarded an exclusive permit to operate at a specific location in Mcmorial Park. During community events local non-profits would still bc allowed to sell food and beverages. He said there would be a maximum of two concessionaires. The Parks and Recreation Director said there is an existing structure which was built in 1974 with the intent of providing concessions, but the interior does not comply with current health department codes, which would be expensive to meet, and it is hidden from most of the park. Public Infom~ation Officer Krey read an electronic communication from Mr. John Hagan, a.k.a. "Mr. Mustard." He expressed support for this proposal. Sorensen moved to allow concession carts in Memorial Park for the summer of 1995. Bautista seconded and the motion carried 5-0. STAFF REPORTS 18. Video presentation of traffic light violations. The Public Works. Director showed a brief videotape illustrating the "Red Light Camera" which photographs vehicles driving through red lights. The film is marked with the length of time the light has been red. Citations are automatically generated based upon the photograph of the license plate. These violations are treated similar to parking tickets -- and do not add moving violation points to an individ-al's driving record. Council concurred to received the report. The Public Works Director said that staff will present the program in more detail at another meeting. 19. Report on Graffiti Task Force. The Public Works Director reviewed the staff report. He explained that the Task Force is composed of Council member Dean, representatives of the Sheriff's Office, Cupertino Union School District, Fremont Union High School District, and the City of Cupertino. The report outlined the different categories of graffiti and the main ways of combating the problem. He discussed the action plan, which includes an anti-graffiti poster contest which will be paid for by the City, and plans for an info,~amt program with rewards given. Council concurred to receive the report. The Public Works Director said the Task Force would make a recommendation about the reward program at the May 6 Council meeting. COUNCIL REPORTS Council member Chang thanked all of the staff for the fine job that they had done at the Cherry Blossom Festival. Burner also thanked Council member Sorensen for all of her help. Dean ._ reported on the meeting with the FCC regarding the telecommunications bill and said there would be a real impact on the city which will lose franchise fees for anything that is not coming through a co-axial cable. Sorensen reported that the Cherry Blossom Festival was highly successful and she especially wished to commend Diane Snow from the Senior Center and give special thanks to Patty Bookvich at the Quinlan Community Center for her help with the cultural April 15, 1996 Cupertino City Council Page 10 exhibit. She also said that the CDBG committee had awarded all of their funds at the county meeting. City Manager Don Brown reviewed the recommendations of the Legislative Review Committee, as follows: Support AB 2846 (Sweeney), Annexations Oppose SB 1896 (Costa), Telecommunications, Fee Limitations Oppose ACA 38 (Baldwin), Right to Vote Measure Oppose AB 317 (Granlund), Shopping Cart Preemption Oppose AB 610 (Leonard), Cable late Fees, Preemption of Local Authority Oppose AB 2496 (Margett), Public Works, Force Account, Sanctions Oppose SB 1538 (Johnson), Regulatory Takings. Conditional use permits. Ordinances. Compensation. Oppose SB 2113 (Haynes) Preemption, Disba~,ent Of Contractors Information/Support SB 1977 0VIountjoy), Additional One Cent Sales Tax for Cities. Chang moved that Council take the actions as recommended by the Legislative Review Committee. Dean seconded and the motion carried 5-0. CLOSED SESSION ._ At 9:30 p.m., Council recessed to a closed session in Conference Room A to discuss negotiations for purchase, sale, exchange, or lease of real property - (Government Code Section 54956.8), regarding lease of the Cupertino Sports Center to Dr. Chu of Ather Sports. At 10:05 p.m. Council reconvened in open session. The City Attorney announced that staff was given direction and would return to Council in another closed session with a report. No action was taken. At 10:07 p.m. the meeting was adjourned. City Clerk