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CC 04-20-98 MINUTES Cupertino City Council, Regular Adjourned Meeting Monday, April 20, 1998 6:00 p.m. Joint.Meeting with Planning Commission 8:00 p.m. Regular Business Meeting of City Council PLEDGE OF ALLEGIANCE At 6:00 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 Burnett, Sandy James, and John Statton. Council members absent: None. Plmaniug Commission members present: Chairperson Donna Austi% Vice-Chairperson Orrin Mahoney, Commissioners Andrea Harris and Jerry Stevens. Planning Commission members absent: David Doyle Staff present: City Manager Don Brown; Deputy City Clerk Roberta Wolfe; City Attorney Charles Kilian; Administrative Services Director Carol Atwood (8:00 p.m.); Community Development Director Bob Cowan; Deputy City Attorney Eileen Murray; City Planner Ciddy Wordell; Planner II Michele Bjurman; Parks and Recreation Director Steve Dowling (8:00 p.m.); Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION Discussion of the progress of the R-1 Ordinance Amendment regarding house size and design. Community Development Director Bob Cowan reviewed a summary of the discussion held at the Technical Review Committee meeting of April 15. He presented a list of guiding principles prepared by staff in response to comments made at that meeting, and noted other guiding principles that are part of the General Plan. Chang asked the council members and planning commissioners who were part of the Technical Review Committee to add their comments to the staff report. April 20, 19911 Cupertino Eity Council Page 2 James thought the meeting went well and complimented staff. She said she liked that they brought in people from various fields to talk about their experiences. She believed that people were interested in a two-tier approach with ministerial guidelines designed with experts, planning commission and staff including looking at the approach other cities have used. They would come up with guidelines that are more objective so that 80% of con,traction could be approved at staff level. There would also be the option of looking at design requirements to address unique issues. Harris said people came with diverse opinions but saw that the common goal was a quality Cupertino with harmony and compatibility without sacrificing people's privacy or reducing property values of existing homes. She said staff knows that ministerial review will not totally work but there can't be design review on every project. Therefore, a procedure must be developed to solve these problems. Mahoney said two things he heard were the importance of design and the need for design guidelines up front. He said it was also confirmed that the issue is primarily a rebuild issue, where a single home is built that is radically different ~om the rest of the houses in the neighborhood. Regarding property values, he said that being overly restrictive on size may affect potential property values. However, there are a lot of things that bring people to Cupertino and create property values that have nothing to do with large homes per se. Chang said after the meeting he thought there was a lot of common ground. The question is not whether the rules will be changed, but to what extent, and how to do it in a way that is responsible and fair and that would wear well. He was particularly concerned about the immediate neighbors, and said the process should be one that benefits the whole city and doesn't pit one group against another. Discussion followed regarding the definition of neighborhood. Cowan said field trips and videos might be used to help identify neighborhoods. He said if Council and Commission wanted to use design regulations as part of the ordinance they could hire an architectural fi~m and attempt to define neighborhoods. Mahoney said he thought the Palo Alto guidelines were a good starting point for defining design compatibility. Commissioner Stevens said he thought a mechanism should be in place to encourage people to come up with standards for their neighborhoods. He said communities change and standards should reviewed because they evolve in approximately 20 year cycles. Regarding establishment of a design review group, Chang said the advisory committee was going with the Planning Commission direction which was toward ministerial regulations, but that the regulations could include some design guidelines. They were not looking as strongly at a discretionary process, but it could be used as an exception process. James - confirmed that it was a two-tier process with staff and the Planning Commission making the choices in the majority of projects, and the design advisory group as the next step. April 20, 199g Cupertino City Council Page 3 Itarfis said there was no opposition at the technical committee meeting to the normal evolution, updating and upgrading of homes in the town. There also was consistent agreement not to force one Cupertino style. Staff's task would be to work out standards so everyone could live with them and feel it was good resolution. James added that they felt there are ways to build a large home so they have the mass and space without causing loss of privacy, and the guidelines would give ideas and suggestions on how to do that. She stressed that just because they used Palo Alto as an example, they had no intention of trying to be like them. She suggested that they look at a number of cities who have already done this and build on their experiences to make something unique to Cupertino. Discussion followed with respect to cost of reviewing projects against changed standards. Cowan said if the architectural regulations are well designed in the ordinance, the cost will be mlnimi?ed, but there will be an increase in staff time. He said he would put a contingency item in the budget for preparation of the architectural regulations, which would be $5,000- 10,000. Garold Pugh, 11360 S. Stelling Road, said he would not have known about the meeting if a neighbor had not called him. He said he thought the bigger houses were nicer and that the smaller ones are for people who really cannot afford the bigger ones. People need to enlarge their homes as their families enlarge. He said they are addressing sameness and he had grown up in a tract area during the 1950s. Chang clarified that this is a mid-course check on the process, and that no decision would be made at this meeting. It was a chance for City Council to meet with the Planning Commission to see if they are comfortable with the direction the Commission is heading. Berk Simonds, 1171 S. Stelling Road, said tracts were built as cheaply as possible in order to get as many people as possible into them. He said people living there would rather have had better homes. As the community became more wealthy builders went to higher quality construction and two stopj homes began appearing. He said it looked like they were going to isolate people in substandard houses and tell them that whatever improvements they are going to make had to meet certain standards. People can afford bigger homes and prefer some diversity which is what made this country great. He said he would like to see more diversity in the community. Mrs. Marjorie Simonds, 1171 S. Stelling Road, said they bought their home in 1969 and have enlarged it. They meet current standards. They now want to put a tile roof on it, and she asked Council if they were going to tell them they couldn't do that. She talked about references to "pink palaces" and said she thought council and commission members had already made up their minds. She said Cupertino is a wonderful community and asked that they help Cupertino stay the way it is. She said the colllmunity needs diversity, including renters. She asked that they keep the community growing and expressed approval of the improvements in Monta Vista. April :20, 1001} /~upertJno City Council Page 4 Larry Mattheakis, 20612 Sunrise Drive, said they were not talking about putting up an extra room but about making a neighborhood look compatible and making neighborhoods something you would enjoy driving up to and knowing that your house fits in. He said each house is unique and he was not saying they all have to look alike. He showed examples in his neighborhood, including how his house had been renovated, lie said the property behind him had been sold and now his view from his back yard is of a two-story house with a bay window looking into his yard. He had tried to work with the builder but the builder showed no interest, and the people who bought the house had no input on how the window was placed. He asked that as they go through the review process they keep in mind such things as second story and bay windows. Allen Snyder, 10534 Meteor Place, said he had lived there since 1969. He said they like their neighborhood which includes two and three car garages and one and two story houses. He said a two-story house had been built behind one of his neighbors and the windows and deck look toward his pool and bedrooms. He said the house could have been placed differently and the fence built higher. He urged working with neighbors and said some reslxictions were needed to control real estate developers. Fenton Hill, 200915 McClellan Road, congratulated Council and Commission members on their approach to the problem. He said he did not think a single ordinance could solve the problems. He said he lives next to big houses built seven or eight years ago and was not too concerned because when he sells his property, it will be worth more. He said the community wants progress, not stagnation. He urged Council to come up with ordinance that is very flexible and said he did not want to see social engineering through ordinances. He said he had seen a lot of changes, expected to see more, and hoped they were worthwhile. John Luhring, 22066 Hibiscus Drive, said during the past six months they have been experiencing the same thing shown in the slides which meant they now have no more privacy in their back yard. He said they are increasingly alarmed by the fact that speculators are building large houses with no consideration of the neighborhood. He complimented Council and Planning Commission for listening to people and allowing free expression. They have circulated a petition on Hibiscus Drive asking that it be rezoned for single story. He said they support that houses in their neighborhood look similar. They also believe subdivisions and neighborhoods that are made for two-story homes are designed that way with taller fences, placement of buildings, windows and trees so that people can have a feeling of privacy even if there are two-story houses. He said they need to reach a compromise. Renata Walker, 7632 Rainbow Drive, said she and her neighbor are single women who have lived in their houses since 1970, and the houses are not substarldard in any way. She said when it came to their attention that a large house would be built in their neighborhood, they called city hall and the Plarming Commission and were told there was nothing they could do - except tolerate the house. She said she hoped this did not happen to anyone else. She said the house affects the whole neighborhood and they have no privacy. She said she and her neighbor held the Council and Commission responsible. April 20, 1991} euperdno elty eoundl Page Lacy Cantrell, 21821 Garden View Lane, retired school teacher, said some retired people have a lack of pu~ose and look for things to complain about. She said there is a need to limit attempts to satisfy chronic complainers and not give up the right to build the house the owners need. No amount of rules will make everyone happy. Linda Roy, resident, said there are many wealthy people in the conununity, and they are often those people who volunteer in the community. She said there is no large tract of land to offer where large homes can be built, and if Cupertino will not provide the housing they want, they will move. In addition, she said design review does not have to involve public hearings. She said public hearings are not objective or fair and do not treat people equally. Different people have different interpretations. She thought professionals should make the decisions. Jay Cena, 20945 Greenleaf Drive, founding member of Garden Gate Community Group, said the fact that he now has a family is one of the factors driving his decision to remodel his home. He asked if people who are opposed to building executive style housing in Cupertino are saying executives can't live in Cupertino. He provided statistics about the number of houses in his area which have been remodeled. He said he was trying to understand how the regulations would apply to urban pockets. Rebecca Elliot, 1451 Fruitdaie Avenue, San Jose, Public Affairs Director for San Jose Real Estate Board, said she was representing organized real estate throughout the county. She offered her services to help compile statistics. She said the real estate industry in the state of California is one of the most regulat~l industries in the state. If there were an ordinance that would prevent people from building it would be disclosed. She quoted statistics regarding home sales in Cupertino during the last few months as well as the housing supply. She said people might be hesitant to buy in Cupertino now because they do not know what is going to happen. Ann Anger, President of the Monta Vista Improvement Association, said she was very concerned that it sounded like people wanted to stay in the 1950s. She said she would like to see executives that are working here able to live here, and that the community would also provide houses for those who cannot afford them. She said remodeling can be well done and described an award received by her daughter. Mayor Chang announced that there would be many other opportunities for public input. Burner said the issue is a fundamental trade-off between the fights of homeowners and those of surrounding people. The goal is to reach a compromise that will satisfy most people and allow those who need to expand to do so. He disagreed that size does not matter, and said there is more to size than the floor area ratio (FAR). In particular, he said the thought the 20 ft. wall plane allowed in the City is responsible for the bulk of many new houses. A - lot of houses have been put in without any regard for the rest of the neighborhood. He said it was not a matter of design or a matter of progress in terms of housing design. There is a lot of room for variety but the scale must be appropriate and landscaping is important. He April 20, 199g Cupertino City Council Page suggested they consider ways that people can have more space in their homes, such as basements, and cited examples of ways to build two story houses that do not intrude. Austin said the setbacks, footprint and FARs need to be specific, because if they are not followed it could trigger design review. She talked about window placement, the use of obscure glass, and alternate setbacks. She asked when public hearings would be required. City Attorney Kilian said it depends on how much discretion is being used. Anything that involved a large amount of discretion should be heard whether it's by the Community Development Director, the Planning Commission, or the City Council. It would not necessarily mean a public hearing. However, if there is a regulation, that is ministerial and there is no hearing process, although such decisions can be appealed. Austin said she would be in favor of a blend to respect the property rights as well as to respect the neighborhood. Mahoney said he thought it would be hard to translate compatibility into pure numbers. He said they need stuff to come back with recommendations if this 'is the direction Council wants to go. Statton said he thought they would go with the third option which provides an appeal process. However, that process cannot be so expensive that it is a barrier to being heard. He agreed that it comes down to a matter of good design. Large houses on small lots need to be well designed and he hoped that would come out of this process. He said people really care about this town. Dean said he was concerned about opposing groups. He would like to go into the process as a team and communication is critical. He said that some houses are too large and that needs to be addressed now. He said he did not like the concept that everyone has to look the same. He said the more input they receive, the better it is. James agreed that this is very volatile and that no one will be 100 percent happy. She said they hear a lot of concerns about loss of privacy from very large homes, and using totally objective measurements and ministerial solutions will not solve the problems. She said they need to protect the quality of the community and the rights of landowners, and although that isn't easy it can be done. Cupertino can learn from other communities and create its own unique blend. She said they will come to a solution at the end that staff can understand and implement and the public can understand and live with. She believed they need a two or three tier process, and there will be lots of opportunity for public input. She thanked everyone for sharing their ideas. Harris said that the "pink palace" term came from the newspaper and from the community. - She said this issue was brought to them by the community because neighborhoods were changing and improving and some people were unhappy with way it was happening. She said a house can be built that fits thc neighborhood, doesn't violate people's privacy, and takes into consideration today's size needs and design considerations. This does not have to April :~/), 1991} L~upertlno (~ity Council Page 7 be done at thc expense of making thc house next door inferior. She said the job is to work together in a positive and constructive way for something that will work for thc town for many years. Chang agreed that name calling was never good. He said his main concern was for the immediate neighbors and reciprocal rights need to be respected.. He felt strongly about having to be neighborhood police and making sure everything is the same. He said compatibility was not as important to him as immediate neighbors' needs. He agreed that if possible there should be objective regulations and his preference is to keep the cost down for people who are trying to expand. He said they need to apply a streamlined approach and he believed more objective is better than more subjective. Burnett reinforced what had been said about the process; that quantitative rules and regulations can do a lot and with an overlay having to do with design standards can cover to the point where 90-95% of houses can go to the staff and that will be the end of it. There is an appeal process so people have a chance to take matters to their elected representatives and get a ruling from them when they disagree. RECESS The City Council recessed at 7:52 p.m. At 7:55 p.m. the Planning Commission continued the review of the R1 standards and the Hibiscus and Scofield neighborhoods to May 6, and adjourned to Wednesday, April 22. The City Council reconvened for their regular business meeting at 8:07 p.m. CEREMONIAL MATTERS - PRESENTATIONS Capt. Bob Wilson introduced Deputy Klm Morgenthaler and Deputy Ron Karrle who had won medals and a trophy in the Municipal Motorcycle Officers competition. Mayor Chang presented certificates to the officers. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Lynn Jesinger, 20683 Greenleaf Drive, described her visit to Toyokawa as part of the Fulbright exchange program, · - Statton mentioned that the Cherry Blossom Festival would take place this weekend. Aprl120, 100~ Cupertino City Council Page Mary Ellen Cheil, Director of Cupertino Community Services (CCS), asked that Council approve Resolution 98-102 and that they revisit how the community wants to respond to the needs of the less fortunate members of our community. She suggested they look at what the city's role, if any, should be, and said that CCS would like to participate. CONSENT CALENDAR Dean moved to approve the items on the Consent Calendar with the exception of Item 9. James seconded and the motion carried 5-0. 1. Resolution No. 98-084: Accounts Payable, April 3, 1998. 2. Resolution No. 98-085: Accounts Payable, April 10, 1998. 3. Resolution No. 98-086: Payroll, April 3, 1998. 4. Resolution No. 98-087: Setting date for consideration of reorganization of area designated "Alcazar Avenue 98-04", property located on the south side of Alcazar Avenue between Byrne Avenue and Orange Avenue; approximately 0.2088 Acre, Chen (APN 357-14-035). 5.Review of applications for Alcoholic Beverage Control license: (a) Wolfe Cafe, 10851N. Wolfe Road. 6. Minutes of regular meeting of April 6, 1998 and regular adjourned meeting of April 13. 7. Acceptance of municipal improvements: Pinebridge, Inc. 20810 McClellan Road. 8. Resolution No. 98-088: Approving Change Order No. 12, Creekside Park Improvements, Project No. 96-9208. 10. Resolution No. 98-090: Accepting Quitclaim Deed & Authorization for Underground Water Rights from Kai-Nien Tu & Le-Yen Wang, APN 326-19-075, 21869 Monte Court. 11. Resolution No. 98-091: Authorizing execution of improvement agreement between the City and Fran Lee, APN 359-18-022, 10610 Felton Way. 12. Resolution No. 98-092: Authorizing execution of improvement agreement between the City and Krishna Kidambi & Jyothirmayi Kidambi, APN 357-18-053, 21844 Hermosa Ave. Apr/l 9_0, 1991] Cupertino City Council Pase 9 13. Resolution No. 98-093: Authorizing execution of improvement agreement between the City and Fran Lee, APN 359-18-021, 10626 Felton Way. 14. Resolution No. 98-094: Authorizing execution of improvement agreement between the City and Big Guy, Inc., 357-12-032, 10399 Byrne Avenue. 15. Resolution No. 98-095: Authorizing execution of improvement agreement between the City and Kok Y. Ho & Yuet M. Ho, 357-11-016, 10247 Byme Avenue. 16. Resolution No. 98-096: Authorizing execution of improvement agreement between the City and Khani Askarinam & Touran Askarinam, APN 326-17-031, 10036 Crescent Rd. (Orchard Ct.-Lot 5). 17. Resolution No. 98-097: Accepting quitclaim deed & authorization for underground water rights, Big Guy, Inc., APN 357-12-032, 10399 Byrne Ave. 18. Resolution No. 98-098: Accepting quitclaim deed & authorization for underground water rights, Kok Y. Ho and Yuet M. Ho, APN 357-11-016, 10247 Byme Ave. 19. Resolution No. 98-099: Accepting quitclaim deed & authorization for underground water rights, Khani Askarinam & Touran Askarinam, APN 326-17-031, 10036 Crescent Road. 20. Resolution No. 98-100: Authorizing execution of maintenance agreement with California Department of Transportation. Vote Counciimembers Ayes: Bumett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Resolution No. 98-089: Declaring the intention to order vacation of a portion of St. Joseph Avenue as provided in Section 8320 Et Seq. Of the Streets and Highways Code of the State of California, fixing time and place for public hearing and providing for notice thereof. Bumett said he wanted to make sure that the city doesn't don't lose access. Public Works Director Viskovich explained that this vacation will preserve options for the - future and the city could receive $125,000 for the abandonmem. Dean moved to adopt Resolution No. 98-089. Bumett seconded and the motion carded 5-0. April 20, 10/)~ Cupertino City Council Pa~e 10 PUBLIC HEARINGS 21. Public hearing to review and approve use of twenty-fourth year (1998-1999) Community Development Block bant (CDBG) funds. (al Resolution No. 98-101: Authorizing submittal of funding proposal for the twenty-fourth program year (1998-1999) of the Community Development block Grant (CDBG) Progrmn. Co) Resolution No. 98-102: Authorizing partial funding of Cupertino Community Services' Affordable Housing Program f~om the City's Affordable Housing fund. Community Development Director Cowan reviewed the staff report. Mayor Chang opened the public hearing. No one wished to speak on this item and the public hearing was dosed. Bumett moved to adopt Resolution No. 98-101 and Resolution No. 98-102. Statton seconded and the motion carried 5-0. 22. Application 7-EA-98 - Amendments to Title 19 (Zoning) of the Cupertino Municipal Code. (a) First reading of Ordinance No. 1784: An Ordinance of the City of Cupertino Amending Title 19 of Lhe Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal law, Conforming the Provisions of the Code to be Consistent With Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions With New Language, and Consolidating and Streamlining Various Provisions." Community Development Director Bob Cowan highlighted the amendments to the Municipal Code and explained that this was a housekeeping item to remove ambiguities and typographical errors and make other minor changes to the code. Burnett moved and Dean seconded to grant a Negative Declaration. Motion carried 5-0. The Deputy City Clerk read the title of the ordinance. Burnett 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. PLANNING APPLICATIONS - None April ~0, ! Ogg ~uper~no Gty tEoundl Pa~e 11 UNFINISHED BUSINESS - None NEW BUSINESS 23. Update on the Finance/Human Resources computer conversion, and authorizing the budget adjustment. Administrative Services Director Carol Atwood reviewed the staff report and answered questions about the software, training, upgrade policy, maintenance, and cost. She said the vendor has been around over 20 years and they had received positive references from clients such as the cities of Campbell and Los Gatos. Pentamation has made a profit over the last five years. Statton moved to recognize Pentamation as the successful vendor and direct staff to (1) Proceed with contract negotiations and installation for the computer conversion, and (2) Appropriate an additional $175,000 for the software package. Burner seconded and the motion carried 5-0. ORDINANCES 24. Second reading and enactment of Ordinance No. 1782: "An Ordinance of the City Council of the City of Cupertino Prezoning an Existing Neighborhood Commercial (CN) Lot Located at 10352 North Stelling Road to Pre-BQ (Quasi-Public) Zoning District." The Deputy City Clerk read the title of the ordinance. Burner moved and James 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. Burner .moved and James seconded to enact Ordinance No. 1782. Motion carried 5-0. 25. Second reading and enactment of Ordinance No. 1783: "An Ordinance of the City Council of the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at 20696 Garden Gate Drive to Pre RI-10 (Single-Family Residential) Zoning District." The Deputy City Clerk read the title of the ordinance. Burner moved and James 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. Burner moved and James seconded to enact Ordinance No. 1783. Motion carried 5-0. STAFF REPORTS - None April :20, 19011 Cupertino City Council Page COUNCIL REPORTS James said she thought a lot of useful information came out of the joint meeting with the Library Commission. She said the Senior Center Committee had met, and Leadership Cupertino is still looking for a new executive director. The Economic Development Committee is working hard. Burnett said he had taken part in a walking tour of Calabazas Creek put on by the Water District. Dean reminded those present of the Cherry Blossom Festival this weekend Statton said Council might want to reconsider their opposition of Ted Lempert's internet tax freedom bill. He said some major companies have been saying that might not be the best thing for the long term economy of the city. Bumett said that at the ABAG Board of Directors meeting Supervisor Joe Simitian defended that bill as being the right thing to do. Statton said the JPA for the library will be meeting. He and Mayor Chang had met with the Library Commission and have come to a reasonable position regarding Intemet and library access which they will present at the meeting. Chang said he had met with Congresswoman Eshoo who has agreed to help improve mail service in Cupertino. He asked that staff write a letter updating her on what has been happening. CLOSED SESSION - None ADJOURNMENT At 8:50 p.m. the meeting was adjourned. Deputy City Clerk