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CC 11-01-99 CUPERTINO CITY COUNCIL Regular Meeting Monday, November 1, 1999 PLEDGE OF ALLEGIANCE 6:45 p.m. Mayor Dean called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council m¢i~bers present: Mayor Wally Dean, Vice-Mayor John Statton, and Council members Don Burnett, Michael Chang, and Sandra James. Council members absent: None. Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and Recreation Director Steve Dowl'mg, Public Works Director Bert Viskovich, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Mayor Dean remembered Mr. Salecm Shaikh, Vice-Chairperson, Parks and Recreation Commission, who had recently passed away. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Floyd Meyer, 10186 Westacres Drive, discussed the malfunctioning traffic gate on Klm Street, and suggested that if it won't close automatically a civil servant should be assigned to close it manually. He also discussed the traffic ticket process. Ms. Anna Polman-Black, 21118 Gardena Drive, discussed the current council campaigns and asked if there had been a violation of the Ralph M. Bwwn Act. The City Attorney said that three council members met to discuss campaign issues but nothing was discussed that would foreseeably come before the city council. Therefore, there was no violation of the Brown Act, and to prohibit such a meeting would have been a restriction of free speech. CONSENT CALENDAR .... James moved to approve the items on the consent calendar as presented, with the exception of item Nos. 1, 7, and 11, which were pulled for further discussion. Station seconded and the motion carried 5-0. lqovember I, 1999 C'~upergno City Council Page 2 2. Accounts payable: (a) October 15, 1999, Resolution No. 99-310 (b) October 22, 1999, Resolution No. 99-311 3. Payroll: October 15, 1999, Resolution No. 99-312. 4. Monthly Treasurer's and Budget Report- September 1999. 5. Improvement agreements: (a) Chandravadan N. Patel & Aarti C. Patel, 10220 Dubon Ave., APN 342-14-051, Resolution No. 99-313 (b) Kenneth A. Clark, 10151 Amelia Ct., APN 326-17-022, Resolution No. 99-314 (e) Hossain E. Khaziri and Christine V. Khaziri, 10002 N. De Anza Boulevard, APN 316-26-017, Resolution No. 99-317 6. Quitclaim deeds: (a) Chandravadan N. Patel & Aarti C. Patel, 10220 Dubon Ave., APN 342-14-051, Resolution No. 99-315 (b) Kenneth A. Clark, 10151 Amelia Ct., APN 326-17-022, Resolution No. 99-316 8. Approving appropriation from the General Fund for lOcal match. 9. Review of application for Alcoholic Beverage Control license for Dar's Hideaway, 10095 Saich Way. 10. Setting date for consideration of reorganizadon of area designated "lq. Stelling Road 99- 06," property located on the west side of N. Stelling Road between Gardena Drive and GreenleafDrive, approximately 0.24 aero, Sect (APN 326-08-051), Resolution 99-324. 12. · Electing to comply with certain animal sheltering provisions set forth under state law in effect on June 30, 1999, pursuant to the terms of AB 1482 (Alquist), Resolution No. 99- 326. 13. Acceptance of municipal improvements: (a) Parviz Namvar, Phase II, Miramonte at Stevens Canyon Road, APN 356-01-036 and 037 (b) SCS Development Co., Citation Homes Phase HI (16 lots, 140 units), Tract No. 9797, APN 316-01-122 (c) SNK Arioso LP, West Side Wolfe Road ~ Pnmeridge, Tract No. 8990, Tandem Site (201-unit apartments). 14. Authorizing execution of agreement with Santa Clara Valley Water District for removal of graffiti, Resolution No. 99-327. ~ovember 1, I{){)~) Cupertino (~ity (~ounc{1 Page 3 ,. 15. Confirmation of amended word/ng in Resolution 99-308, "A Resolution of the Cupertino City Council Calling for a Special Municipal Election for the Purpose of Submitting a Measure before the Qualified Voters." Vote Councilmembers Ayes: Burnett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Minutes: October 18, 1999, regular meeting. The City Clerk amended page 18, first and second paragraphs, to correct the names of those who offered motions. James moved and Statton seconded to approve the minutes as amended. The motion carried 5-0. 7. Grants of easei~ent: (a) Roadway, Kenneth A. Clark, 10151 Amelia Ct., APN 326-17-022, Resolution No. · -- 99-318 (b) Sidewalk, Hossain E. Khaziri and Cluistine V. Khaziri, 10002 N. De ,~nT~ Boulevard, APN 316-26-017, Resolution No. 99-319 (c) Roadway, Hossain E. Khaziri and Christine V. Khsziri, 10002 N. De Anza Boulevard, APN 316-26-017, Resolution No. 99-320 (d) Landscape, Hnssain E. Khazifi and Christine V. Khnziri, 10002 N. De Anza Boulevard, APN 316-26-017, Resolution No. 99-321 (e) Public Art, Hossain E. Khaziri and Christine V. Khaziri, 10002 N. De AnTa Boulevard, APN 316-26-017,'Resolution No. 99-322 Bert Viskovich, Public Works Director, explained that these easements were to create a fourth traffic lane and a bicycle lane. Burner moved and James seconded to approve the grants of easement. The motion carried 5-0. 11. Setting public hearing for abandonment of emergency vehicle access easement, parcels 2 and 3, 22831 Mereedes Road, Resolution No. 99-325. Bert Viskovich, Public Works Director, said that this easement could be abandoned now that other access is available. All interested parties must agree to the release of this easement. Bumett moved and James seconded to set the public hearing for this itoin. The motion carried 5-0. I~ovember 1, 1000 C'auper~o (~ity (~ouncll Page PUBLIC HEARINGS 16. Consideration of appeals, Application 4-ASA-99 - Public hearing to reconsider appeals filed by Mr. Erh-Kong and Ms. Ding-Wei Chieh and Dr. Nancy and Mr. Henry Adelman. The application requested architectural and site approval to allow the construction of first and second story additions to an existing one-story duplex located at 10333 Degas Court, Resolution No. 99-328. (Petition for rehearing filed by the Law Offices of Owen Byrd. - continued from meeting of September 7.) Community Development Director Bob Cowan reviewed the staff report. He said that the Chiehs had signed a letter saying they understood the risk in continuing to build even though there was an appeal pending on the project. They have applied a stucco coat, the roof, and made some internal improvements, and the building is consistent with height requirements. The Chiehs and the Adelmans have also reached an agreement about landscaping with hedges instead of trees. Mr. Adelman, 10333 Degas Court, showed some overheads taken since July, that he said illustrated that the height will not be reduced by 2 feet, as claimed, and that the location of the windows and roof lines are not consistent with approved plans. He said that the proceedings were biased because the partially constructed building influenced the -- council's decision. He also said that the Planning Commission incorrectly interpreted the 35% rule and the Council did not systematically evaluate evidence related to findings. Mr. Adelman said the Council rendered a decision in which findings were not supported by the evidence, that the project will be detrimental to property in the vicinity, and the design will not protect residents from noise, traffic, light, and visually intrusive impacts. Mr. Rich Abdalah, representing the Chiehs, said that he had been in error about the height, which had been lowered one foot, but noted that the roof is at the height that was approved. The maximin height is 30 feet, and this wof will be just over 23 feet. The Chichs have also made an effort to come in under the maximums in all instances. Mr. Chieh said that after a recent electrical fire in thc neighborhood caused by tall trees, the Chichs and Adelmans came to an agreement that they would prefer a variety of tall shrub instead of trees for landscaping. The Chiehs will install the tallest possible variety that is readily available, but they are not sure they can meet the minimum size of 15 gallon, 6-foot height plant. James said she would prefer to keep to the minimum height already specified for the landscaping. Burnett said he had used a pittosporum shrub in his back yard, and it was fast growing and is a good choice. Ms. Alice Ho, 22773 Voss Avenue, said her unit adjoins the Chieh's property, and she appreciated being given a choice of landscaping to improve privacy. She also said she found the addition to be a beautiful building. November 1, 1999 C'~upert~o City Council Page Ms. Nancy Adclman, 10333 Degas Court, said she also appreciated that they were given a choice in the selection of the landscaping, and she agreed that the hedge would be a better choice than trees. The pittosporum is also somewhat fire-resistant and drought- resistant. She said she could obtain the info, marion on a couple of nurseries that car~ large-gallon plants. Burnett said it is important to be consistent, and all of the values important to people need to be balanced against people's fights to develop their property. Council spent a great dcal of time working on second-story limitations to reduce impacts on neighbors, and this project conforms to those limitations. The solution seems to be a fair one overall, and he was in favor of denying the appeal and approving the project. Statton said that he would support the original requirement for a certain height and size of landscaping. James says she understands the Adefinan's frustration because they would prefer not to have a second-story building on the side of their house but council has done their best to fred a compromise, and she*s in favor of denying the appeal. Chang said that all the modifications and mitigations that have been made will improve the privacy of the neighboring family, and it seems the owners and neighbors have arrived at a workable compromise. Burnett moved to deny the appeal and appwve the application. James seconded and the motion carried 5-0. The City Attorney refe£~-ed to draft Resolution No. 99-328, which lists findings which are more detailed than what was discussed, and which address the issues raised in the letter from the Adelmans' attorney. He asked that council confiL~- these findings by adopting the resolution, or by making any desired changes. James moved to adopt Resolution No. 99-328. Chang seconded and the motion carried $-0. James moved to amend condition No. 3 of the council action letter of July 22 related to landscaping. It will be amended to require the planting of shrubs instead of trees. The shrubs shall be one of the pittosporum species agreeable to the parties involved. Burnett seconded and the motion carried 5-0. 17. Consideration of appeal of the Planning Commission decision regarding Applications g- U-99 and 21-U-99 of HOK Architects (for Symantec Corporation). The application requested a use pe,~fit to construct a 1,750 sq. fl. addition (Learning Center) to an existing office building located at 20330 Torte Avenue. (Mayor Wally Dean, appellant). The Community Development Director reviewed the report. He said that the City Center is built out in terms of office development. The General Plan does permit development above the floor area ratio limitations if the apace is to be used for an employee amenity. In this case the applicants wish to remove 6,000 sq~_~__a_re feet of office space and replace that with a cafeteria and learning center. The learning center will be an additional one- story building in a circular design. Dean said that the proposed location of this building is currently a pleasant open space with a fountain and seating. He was objecting to the architectural-layout of the proposed building. He asked what other options there are to obtain the same goals but retain an airy structure with a lot of glass. He discussed a number of other drawings that the architects had provided which would allow more space for the fountain. He noted that the intersection of Torre and Rodrignes has been changed so traffic can turn in all directions; it is now a very attractive, swinging curve past this area. He wanted the new building to be good-looking and to be representative of that free movement. Mr. Richard Dowd, ?l Stevenson Street, Ste. 2200, Representing HOK Architects, said they were privileged to have an opportunity to come back and make additions to a building that they had designed 14 years ago. He distributed copies of alternative layouts and discussed them in more detail. They are looking for a solution which will meet the client's needs, be a compact form, minjmlze the impact on the open space, and still be a graceful addition. The existing office building four stories, and the proposed addition will be 15 feet in height. The entry shown on the design is a secondary entry and will create a more informal place for employees. Bumett asked if there is any possibility of saving the trees that would be re/~ioved during construction. Mr. Paul Lettieri, landscape architect, said the trees may be transplanted depending upon the time of year, although they will need to be pruned. They could be placed on the edge of the property in the existing tree orchard and would match fairly well in size. Otherwise, the trees would have to stored somewhere else during construction. Mr. Dowd said they planned to retain the fountain regardless of which alternative is chosen because its location completes the circular planting pattern of the trees. l~ove~ber 1, ! 999 Cuper~no ~ty Council Page ? James asked about their plans for allowing public use of the learning center. Mr. Jeff Birdwell, of Saris Regis, Symantec's development advisor, presented a copy of a letter from Mr. Sorci of Symantec about the allowable public uses. James said that she had hoped this space would be available to public education and nonprofit agencies that can no,,,,ally not afford use that kind of facility. She asked whether it was necessary that the event be city sponsored. Mr. Birdwell said that would not be a requirement, their letter had simply been modeled after a similar agreement between the city and Apple Computers. Burneti said that he had also appealed this project because he objected to the rationale for allowing extra amenity space. The provision was intended to allow people to build above the allotted floor area ratio to encourage amenity space. This project, as well as the whole development, are already far over the floor area ratio and will probably eventually be built out to three times the floor area ratio for industrial office development. Since the original 1984 plan there's been another extra Symantec building put upon De Anza Boulevard, an area across the street designated as private open space was developed as housing, plus a hotel and fairly large number of apa~h~lents are yet to come. He did not feel the project was consistent with the general plan, and that it is inappropriate to apply the amenity space provision. Burnett said this new building will take away some open space, and he suggested as compensation the developer install a planted median on Torte Avenue. He noted that public use of the facility as proposed by Council Member James is a nice idea, but can be very difficult to work out in practice. Burnett said this would be a harmonious addition, but he would only support it if they planted the median. Station agreed with the median idea. Since Council removed the turning re~i~icfions at the intersection, it is becoming more widely used and it may be wise to slow down traffic. He also noted that there is a sensitive population living across the street, and asked that construction hours not begin until 8 a.m. James said she had been opposed to the new Symantec building on De AnT~ Boulevard because of the additional square footage density. However, she is in favor of this addition, and preferred the design as originally proposed. She was interested in the planted median idea. She understood Bumett's point about amenity space, but Symantec has fulfilled the needs specified by council and this building will go onto ground covered in hard surface, not a green space. Chang said this addition will be fairly large and he thought the mitigations suggested in tonight's discussion were appropriate, along with making the building available for the commtmity. He agreed with Dean that they should preserve as much open space as possible, but preferred the original design. Discussion followed regarding the potential median improvements. Burnett said that his intent would be that the landscaped median would extend only as far as Symantec's property limits. lqovember 1, 1999 Cupertino City Council Page Mr. Dowd said they had explored the possibility of doing a landscaped median but it is not financially feasible to do with this addition. If that condition were to be imposed, Symantec would not go forward with this project. Statton asked if there could be cuts in thc middle of thc street to place thc trees. Mr. Lettieri said that it becomes a public works issue at that point because there may be traffic safety implications. Mr. Sorei, representing Symantec, said they have spent a lot of time and money looking at alternatives at the request of the city council, and have negotiated on this quite a bit. The beginning of the project has been delayed for a number of months for a variety of reasons and he was conco~ied that discussions about a median will delay it even more. There are also funding constraints that would impact a change in schedule. Symantec is willing to plant trees, and they have already made a substantial donation to the park at the comer. They have been good corporate neighbors and now will allow community groups to use their new facility. Hc said they would be willing to work with the city to perhaps make a small donation towards a median project that the city would undertake. Statton moved to deny the appeal and grant the application for the original design. James seconded and the motion carried 4-1 with Dean voting no. Burner moved to approve the Planning Commission recommendations for the application, with the following amendments: construction may not begin before 8:00 a.m. · Symantec Corp. will amend its letter about the Learning Center's availability by deleting reference to events "sponsored by the Cupertino city manager" · the approval of the application is conditional upon subsequent approval by the city council of median improvements on Torre Avenue. · recommendations on the median impwvements will come back to council in two weeks 18. Public hearing to consider Application 7-Z-99, City of Cupertino, which requests Pre- zoning of a portion of the Stelling Road right-of-way, from north of Greenleaf Drive to Hazelbwok Drive (Garden Gate), to Pre-R1-10 Zone for later annexation. The Planning Commission recommends granting a Negative Declaration and denying the request for prezoning. Staff recommends removing the item from the agenda because the project does not comply with Local Agency Formation Commission (LAFCO) requirements. Cowan explained that this annexation application was initiated by the Planning Commission with the intent of taking advantage of the new state law AB 1555 which gives cities the power to involuntarily annex county pockets of less than 75 acres. The city has been working with the county for the last few years to aggressively pursue annexation of county pockets, and the city was proposing to annex part of a strip of Stelfing Road that would create two pockets in the Garden Gate neighborhood. The planning commission was concerned about the use of that tool because they felt neighborhoods should have been notified not only of the annexation but also the broader issues related to subsequent annexation. Therefore the commission recommended denial ov m er 1, 1000 o e11 of the pre-zoning application. In the mcantirae, the county counsel has det~ .,incd that the proposed pre-zoning was not appropriate under the law so staff recommended the item be pulled fi'om the agenda. Garden Gate residents interested in the annexation topic arc present tonight to address that issue. Cowan explained that there is a county ordinance that specifies ifa person tears down their house to 50% of its value, they must be annexed to the nearest city if that city will accept the property. Cupertino's position has been to accept the annexation if the property involved is contiguous to land owned by the city. For mass annexations a different process is followed which includes a pwtcst vote. Ms. Marian Crowel, 10494 N. Stelling Rd., said she spoke to the Planning Commission last week opposing annexation. She distributed an informal petition to property owners close to Stelling Road. She discussed the requests made for a cwssing guard at Garden Gate Elementary School, and said that several years ago the principal of garden gate school started a safety patrol club to help the children across the street because of the dangerous situation. She understood why many people feel a need for a crossing guard, but thc stop light has done a great deal of good to help the problem. She said she opposed the annexation, and asked that council consider holding public meetings so the residents can hear all sides of the issue. She also extended her thanks to thc Planning Commission for the way they handled the manner. - Ms. Margaret Limberatos, 20724 Garden Gate Dr., said she was strongly in favor of annexation of Garden Gate Village to Cupertino because it would allow us the right to elect those responsible for governing the area, and a local government would be more responsive to their needs. Other benefits would be improved street maintenance, street sweeping, more restrictive building codes resulting in more attractive homes and less privacy intrusion, a crossing guard, and traffic enforcement by the County Sheriff's Officers. Ms. Melissa Hilton, 20861 Fargo Dr., said she is the school site chair for Garden Gate Elementary School. She discussed the complications involved in trying to obtain a cwssing g, ard through the county, and two years later they have been told that funding has not been identified and the school must find the employee. She said they are strongly in favor of annexation. She also appreciates what the county has done to more closely match the city guidelines. Mr. Les Bowers, 2118 Hazelbrook Dr., said he was in favor of annexation as soon as possible because he sees that much of the development taking place is by developers building spec houses who have no interest in living in the neighborhood. The City Attorney explained that there has been a modification in the law regarding thc separate elections held in the Rancho Rinconada area. Thc Attorney General has given the opinion that in a regular annexation no such tax election is necessary because it's all included in one, so if the Council elects to proceed with annexation on a volunteer basis in Garden Gate, there will not be the same requirements as in Rancho Rinconada. · November 1, 1999 Cupertino City Coundl Page Mr. Lee Crothers, 20777 Fargo Dr., said he was opposed to annexation, and had move! to this location so that he would not be in a city. He resented the fact that the city tried to split the neighborhood into two pockets with no notice to the residents. Twice in the recent past the property owners have voted down an opportunity to annex. Chang said he is seeing strong feelings on both sides of the issue, and would want to get as much public input as possible. Regardiess of what the state has done to make it easier for Cupertino to annex property, council should still let the residents determine the outcome. James apologized on the part of the city for any misunderstandings created by the lack of notice. She agreed with Chang's comments about the city's philosophy of annexation. Burnett said that the people should have an opportunity to vote on the question. If it doesn't pass, then those people who want to be annexed can do so on an individual basis. PLANNING APPLICATIONS UNFINISHED BUSINESS NEW BUSINESS 19. Road Bumps: · -- (a) First reading of Ordinance No. 1837, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.010 Relating to Road Bump- Definition." (b) First reading of Ordimmce No. 1838, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.020 Relating to Administrative Authority." (c) First reading of Ordinance No. 1839, "An Ordilaance of the City Council of the City of Cupertino Amending Section 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features, Section 11.34.030 Relating to Establishment of Warrants for the Installation and Maintenance of Road Bumps." The City Clerk read the title of ordinance Nos. 1837-1839. Bum~qt moved and Chang seconded to read the ordinances by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carded 5-0. 20. First reading of Ordinance No. 1840, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 11.24.150 Relating To Parking Prohibition, Chapter 11.24.160 Relating To Parking Prohibition During Certain Hours on the East and West Sides Of Mary Avenue, and Chapter 11.24.180 Relating To Diagonal Parking on the West Side Of Mary Avenue." " November 1, 1999 Cupertino eib,/2ouncll Page 11 Thc City Clerk read the title of the ordinance. Burnett moved and Same~s seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion c~ried 5-0. 21. First reading of Ordinance No. 1841, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Mnnlcipal Code Relating to Establishment of Vehicular Stop and Section 11.20.030, All Directional Vehicular Stop Required at Certain Intersections to Include Bahl Street at the Inteisection of Ainsworth Drive, Kendle Street at the Intersection of Ainsworth Drive, and. Carta Blanca Street at the Intersection of Ainsworth Drive." The City Clerk read the title of thc ordinance. Burnett 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 carried 5-0. 22. Consideration of canceling the December 20, 1999, City Council meeting. James moved and Chang seconded to cancel the meeting. The motion carried 5-0. ORDINANCES STAFF REPORTS COUNCIL REPORTS Chang reported that Leadership Cupertino pwgrams were going well. There are 29 members in the adult program, which is in its third year, and the youth pro.am started this year. Chang said he had been participating in community forums with other candidates and .they provided a valuable oppommity to hear what is on the residents' minds. James said she sits in on both the Leadership Cupertino and the Teen Leadership programs, and asked that the video crew take part in next years' program because it is important that the community hears what is said. James also attended the Silicon Valley Manufacturing Groups' public policy lunch with fellow council members. The State Treasurer spoke at that meeting and indicated that there is money available, but nothing has yet been done about Intemet taxation. CLOSED SESSION - None At 9:10 p.m. the meeting was adjourned.