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CC 09-21-98 1VHNUTES Cupertino City Council, Regular Meeting September 21, 1998 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Michael Chang, Vice-Mayor Wally Dean, Councilmembers Don BurneR, Sandy James, and John Statton. Council members absent: None. Staff present: City Manager Don Brown; Deputy City Clerk Roberta Wolfe; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Conummity Development Director Bob Cowan; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS POSTPONEMENTS Item No. 9: Removal of grant deed to Pacific Bell. Item No. 11': Continuance of appeal heating on Bright Horizons Children's Center. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Dean moved to approve the Consent Calendar as presented, with the exception of item No. 9. James seconded and the motion carried 5-0. 1. Accounts payable - September 4, 1998. Resolution No. 98-232. 2. Accounts payable - September 11, 1998. Resolution No. 98-233. 3. Payroll - September 4, 1998. Resolution No. 98-234. 4. Minutes of the August 31, 1998, and September 8, 1998, regular adjourned meetings. 5. Destruction of Records - Resolution No. 98-235. geptember 21, 1998 Cupertino City Council Page 2 6. Irrevocable offer to dedicate property for street purposes, Tandem Computers, Inc., a Delaware Corporation. Resolution No. 98-236. 7. Acceptance of municipal improvements: The E & H First Family LP, 11641 South Stelling Road. 8. Accepting grant of easement for storm drain purposes, Kaiser Cement Corp., APN 351- 10-023, Stevens Canyon Road. Resolution No. 98-237. Vote Councilmembers Ayes: Bumett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR- None. PUBLIC HEARINGS 10. R-1 Ordinance amendment, building mass, setback and height. Applications 11-Z-97 and - 8-EA-97. Negative Declaration is recommended and application is recommended for approval. Continued from September 8: (a) Reading and enactment of Urgency Ordinance No. 1799, "An Ordinance of the City of Cupertino Adopting an Ordinance to Amend 19.28, Single Family Residential Zones (R1) of the Cupertino Municipal Code, and Declaring the Urgency Thereof, and Taking Effect Immediately."; or (b) First reading of Ora_i~ance No. 1799, "An Ordinance of the City Council of the City of Cupertino Approving Ordinance 1799, an Amendment to Title 19, Chapter 19.28 Single Family Ordinance of the Cupertino Municipal Code." Community Development Director Cowan reviewed the staff report, noting that staff did not recommend an interim ordinance. He added that Councilmember Burnett had suggested another option for the window treatment - permanent slats or louvers. Bumett outlined and showed details of the concept. The Community Development Director talked about the next steps in the process, stating that the Planning Commission will be talking about floor area ratio, daylight planes, perhaps a requirement that would limit the total amount of second story wall plane, mass and scale, and neighborhood character. Mark Strebnik, architect, said he liked the idea of louvers but thought the ordinance _. should allow flexibility so a future owner could put in landscaping. ~epteml~er ~ 1, 1 {)~)§ (~uper~o C}ity Council Page 3 The Community Development Director said page 10-1 1 should be changed to indicate 24" box instead of 36". City Attorney Kilian said paragraph 3.A.3 on pagc 10-12 dealt with houses on hillsides and should be eliminated in order to provide the necessary flexibility. Council discussed using a sliding scalc regarding the cone of vision, the size of required landscaping, the pipeline issue, and the use of trellises. Kit Chain, 11206 Mt. Crest. Drive, said he thought the R1 ordinance amendment needed to be fair to all - to people planning their remodel and people who previously were affected. He said the public has not had a chancc to provide input and this ordinance would cause time and financial hardships. He said the City should allow time for people to adjust to the ordinance, and those who have submitted plans up until today should be exempt. Hc agreed that the objectivc of the ordinance is good. Lanny Ng, 11206 Mt. Crest Drive, said she did not think council could justify an urgency ordinance. She said the building of bigger homes and the addition of second stories has been a steady change in Cupertino because people have a need for bigger homes. Out of the nine applications now in the process, three are for single family and none are for a second story addition. She said she did not understand why the details of the ordinance had not been published. She asked Council to consider not making it retroactive. M. Alice Jarrett, 20568 Scofield Drive, said there is a garage behind her with a large window. She said while she realized nothing can be done regarding her house, she fclt 'there should be an ordinance that covered the situation. She gave pictures of thc garage and her yard to Council. The Director of Planning said he had met with Mrs. ~Iarrctt at her home and looked at thc garage. He recognized that she has an unusual situation in that she lives in a neighborhood where there are lots of detached buildings. He said the three foot setback for detached buildings has been in the code for 30 years. Mikc Bruner, 1144 Derbyshirc Drive, responded to the landscaping and plant matcrial issue. He thought it was very arbitrary to call out box size versus height and amount of foliage. He dcscribcd his situation and landscaping. Laima Baltusis, 19872 Men-itt Drive, said she was pleased that the ordinance is in progrcss. Shc said there needed to be flexibility, and showed a slidc of her yard. Linda Roy, resident, said she appreciated the efforts of the Planning Commission, Council and staff, and said it is difficult when listening to people's concems to try to remember there are two sides to issues. She said peoplc would complain about the solutions because when you give one person a right you are taking it away from someone _ else. She agreed that there needed to be time for people to consider the ordinance. eptember 21, upertino City Council Page Evan Lau, 21837 Oak View Lane, said he already has mature fruit trees and should not be required to cut those and put in new ones. In addition, he said consideration should be given to people who want to add a second story, and their neighbors already have a second story with lots of windows. The City Attomey said it would be difficult for them to make the necessary findings for an urgency ordinance. Councilmembers agreed that it should be tracked as a regular ordinance, that adding louvered windows as a privacy protection measure was acceptable, and that the 24" box size was acceptable for now. They discussed setbacks, and while a majority of Councilmembers felt comfortable with the 30-degree view cone, they thought the issue of distance from other properties should be looked at. The City Attorney answered questions about the pipeline issue. The Planning Commission recommended taking a slightly retroactive date. Building permits are only issued at the end of the process so Council could put in a moratorium to stop all building permits even though people have applied for them. It takes at least four weeks for an application for a building permit to get through the process. Councilmembers agreed that the window offset privacy protection requirement would not apply to the exemption on page lO-13. James moved and Station seconded to approve the ordinance with the following amendments: Change 36" box to 24" box in Sections F.1.A & B. Under Privacy Protection Requireiiients, add the use of louvered windows as an option. Add "unless Option C is applied" to the end of Section F.1.A. Delete Section F.3.A.3 under Exceptions. Section F.4, Exemptions, change to read, "The window offset privacy protection measure shall not apply..." The motion carried 5-0. The Deputy City Clerk read the title of the ordinance. Bumett moved and Dean seconded to read the ordinance by title only and that the Deputy City Clerk's reading constitute the first reading thereof. The motion carried 5-0. Burnett moved and Statton seconded to grant a negative declaration. The motion carried 5-0. 11. Appeal of Planning Commission approval of Application 18-U-85 (M). The application requests modification of a use permit to transfer sponsorship of property from Apple Computer, Inc. to Bright Horizons Children's Center, Inc. and to allow children other than the children of Apple employees. The appeal was filed by Mr. Jeffrey' Lee Oliver. The property is located at 10253 Portal Avenue. Continuance requested to November 2. ~eptember ~ 1, 1{){}1] (~upertlno (~ity (~ouncll Page 5 12. Public Safety Block Grant Funds - Public heating to consider the proposed use of $34,106 of Public Safety Block Grant funds for the Public Dialogue Consortium. discussions on community safety. Administrative Services Director Atwood reviewed the staff report and gave a breakdown of the use of the funds. Dean moved and Statton seconded to approve the proposed use of the funds. The motion carried 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. NEW BUSINESS - None. ORDINANCES 13. Second reading and enachaent of Ordinance No. 1798: "An Ordinance of the City Council of the City of Cupertino Extending the Imposition of a Utility Users Excise Tax to the Rancho Rinconada Area in the Event of its Annexation and Ordering the - Submission of a Proposition Therefor to the Electorate of the Rancho Rinconada Area." The Deputy City Clerk read the title of the ordinance. Burner moved and Dean seconded to read the title of the ordinance and that the Deputy City Clerk's reading constitute the second reading there. The motion carried 5-0. Burner moved and Dean seconded to enact Ordinance No. 1798. The motion carried $- 0. The City Attorney stated that the tax would sunset 25 years from the date of its first imposition in 1990. Atwood added that money being collected is only funding approximately 50 % of the city's debt service. STAFF REPORTS The City Manager reported that the initial meeting of the Interagenc~ Multicultural Collaborative would be the next day. He said it represented the four public agencies in the City, and its purpose was to ask should there be an unambiguous endorsement of multiculturalism in the community and if that is true, should the agencies act to implement the positive concept of multiculturalism. geptember 21, 1998 Cupertino City Council Page 6 The City Manager reminded Councilmembers that the City will be welcoming student visitors from Toyokawa at 3:00 p.m. on September 21. The official delegation of 22 people arrives on. October 2. COUNCIL REPORTS James said she had visited the Leadership Cupertino group. The Sunnyvale teen leadership program had asked her to work with them. The Senior Center Expansion Committee met with the architect for the first time. The CCS barbecue raised $53,000. Burnett said he had attended the ABAG Board meeting and would pass along their recommendations. In regard to flood control, without more funding there will not be enough money to maintain existing c19annels. Senior staff of the flood control district met with the City Manager, Public Works Director, the Mayor and him. He announced that the County Cities Association Christmas banquet is scheduled for December 10 at Hayes Mansion. He told about openings on committees that were discussed at the Cities Association Board meeting. Chang reported that the Public Dialog Consortium and 5 Cs have set three workshops on conflict resolution. He said he attended an emergency preparation meeting conducted by Made Moore. He said the City should support the flood control funding because so many of the citizens live in the flood zone. He said they had signed an MOU to pursue the possibility of a sister city relationship with Hsinchu, Taiwan following a .visit from delegates of that city. The issue of the library was discussed at the Council workshop last week. Statton welcomed the Boy Scouts and their leader who were in the audience. James said she was meeting with Supervisor Simitian on Friday. ADJOURNMENT At 8:17 p.m., the meeting was adjourned. ~ feb~/~1 Deputy City Clerk