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CC 05-03-99 MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May 3, 1999 PLEDGE OF ALLEGIANCE At 6:50 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 members present: Mayor Wally Dean, Vice-Mayor John Statton, and Council members Don BurneR, 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 Dowling, Public Works Director Bert Viskovich, Planner Vera Gil, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Mr. Jack Lucas, Mayor of Monte Serene, introduced himself and Dawn Cameron. He said that he is the West Valley cities representative on the board of directors of the Santa Clara Valley Transportation Authority (VTA). Ms. Dawn Cameron, Transportation Policy and Program Manager for the VTA, gave a brief overview of the responsibilities of that agency, including the bus and light rail system. She said that they will finish the Tasman West light rail extension one year ahead of schedule and under budget. Ms. Cameron also highlighted their expansion plans for the bus fleet and additional light rail lines, as well as the construction of selected Measure A highway projects. Mr. Lucas distributed copies of the goals and accomplisb_ments brochure for 1998-1999. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Floyd Meyer discussed the need for an ancillary militia to assist the Sheriff's office, especially in light of the recent shooting tragedy at Columbine High School in Colorado. Page 2 Cupertino City Council May ~, 1000 CONSENT CALENDAR James moved to approve the items on the consent calendar as presented. Bumett seconded and the motion carried 5-0. 1. Accounts payable: (a) April 16, 1999, Resolution No. 99-120 (b) April 23, 1999, Resolution No. 99-121 2. Payroll: April 16, 1999, Resolution No. 99-122. 3. Minutes: April 19, 1999, regular meeting. 4. Monthly Treasurer's and Budget Report for March 1999. 5. Reorganization - making determinations and approving the reorganization of territory designated "San Femando Court 98-13," approximately 0.450 acre located on the south side of San Femando Court between San Femando Avenue and west of San Femando Avenue; Parikh, Simonini and Goodman (APNs 357-12-069 and 357-12-015), Resolution No. 99-123. 6. Weeds - declaring weeds a public nuisance and setting a public, Resolution No. 99- 124. 7. Authorization for execution of cooperative agreements for Measures A and B pavcrnent management program funds: (a) authorizing execution of cooperative agreement between the County of Santa Clara and the City of Cupertino for pavement management program funding, Resolution No. 99-125 Co) authorizing execution of 1996 Measure B pavement management program cooperative agreement between the Santa Clara Valley Transportation Authority and the City of Cupertino, Resolution No. 99-126 8. Alcoholic Beverage Control License - review of applieatiun for South Seas Hide-A- Way, 10031 Judy Avenue. 9. Homestead High School Music Boosters - request from the Homestead High School Music Boosters for waiver of use fees to host a Father's Day Bon Voyage concert and barbecue on June 20, 1999, at Memorial Park amphitheater. May 3, 1999 Cupertino City Council Page 10. Accc'ptancc of municipal irnprovm-nents - Symantec Corp., Dc Anza Boulevard (Tract 7953, Lot 5), APN 369-01-035. Vote Councilmembers Ayes: Bumett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 11. McClellan Road Hillside Exception - reconsideration of appeal of City Council's decision regarding a hillside exception at 22261 McClellan Road, Tom McNair, application 14-EXC-98, to locate a new residence on slopes greater than 30 percent (in an RI zoning distfic0. A video roll-in was shown that illustrated the location of the proposed new residence. Community Development Director Bob Cowan reviewed the staff report and discussed the variances and exception which would be necessary to construct this home. He explained that in the revised plan, the house is moved higher on the slope and is cut deeper into the slope, so it is less visible from McClellan Ranch Park. The City Attorney said that reconsideration of the original plans, as discussed in letters in the packet, is now moot since Council adopted an ordinance establishing a moratorium unless the house is built to RHS (residential hillside) standards. Mr. Tom McNair, owner and architect, said that at the last meeting Council defiled his project for a number of reasons. The denial has caused tremendous hardship for himself and his family, but in the spirit of cooperation he has completely redesigned the house to comply as much as possible with the RHS standards. Mr. McNair discussed the modifications he made to the floor area ratio (FAR), building mass, lot coverage, building heights, and said that he has substantially complied with all of the requirements. The exception for the utility closet was an oversight on his part, and he would work with staff to find an appropriate location for that. Discussion followed regarding the proposed parking layout and the line of vision for cars pulling out on the road, as well as the future plans for the Simm's house. Mr. Bob Hendrickson, 10535 Mira Vista, said that he had no objection to the size or _ location of the home, but was concerned about parking. He stressed that there is no parking allowed on McClellan Road, and he was worried about overflow parking from this property affecting the surrounding area. Page 4 (~upertlno City C~ouncll May 3, 1999 Bumctt, Statton, Sarncs, and Chang felt their concerns about thc visual impact on McClellan Ranch Park had been addressed and the new proposal was a good solution. Dean disagreed and said he did not approve of thc size, location, parking, or layout of the proposed house. Burnett moved to approve a negative declaration for the revised exception request and variance application. James seconded and thc motion carried 4-1 with Dean voting no. Burnett moved to approve the revised exception request in accordance with the recommended conditions of approval which are an update of Planning Commission Resolution Nos. 5009 & 5010, to allow: (A) development on slopes of 30% or more; and (B) The encroachment of the house 15 feet into the 25-foot second-story front setback. James seconded and the motion carried 4-1 with Dean voting no. Burnctt moved to deny thc exception request to encroach 3 feet into the 15-foot second-story side setback for a utility closet. James seconded and the motion carried 4- 1 with Dean voting no. Bumctt moved to approve the variance to allow less than 4 functionally independent parking spaces in addition to the 2 enclosed stalls. James seconded and the motion carried 4-1 with Dean voting no. 12. The River Church Community - consideration of appeal of Planning Commission approval of application 2-U-99, usc permit to hold church seminars in an existing office building located at 19400 Stevens Creek Boulevard. (Nora Chao, ERA Real Estate, appellant.) A video roll-in was shown that discussed the location of thc building and the reasons for the appeal by a neighboring business, including compatibility, parking, safety, traffic congestion, and noise. Cowan said that staff responses to the appellant's concerns were shown in thc staff report. Staff recommended denial of the appeal and the addition of four more conditions of approval related to parking controls. Cowan explained that this is an area of town where the city has required reciprocal access agreements. That policy sometimes results in people using the wrong parking areas, but it reduces thc number of curb cuts along Stevens Creek Boulevard. Dean said that several members of the council received calls from the concerned parties. He asked if a settlement had been reached. Mr. Rich Abdalah, representing the River Church, said he had received a phone call today from the neighbor's attorney, but had received no other calls on this topic. Ms. Wendy Howard, Administrative Director for the River Church, said that they hold ._ their worship services in Sunnyvale, and the Cupertino location will be mostly for administrative use and seminars. She originally met with Nora Chao to view a building that Ms. Chao was leasing, and was told that parking would not be an issue. The church brought in a real estate broker to determine if the building would meet their May 3, 1999 Cupertino (~ty (~ounc~l Page ~ needs, and the church instead chose a building next door that was better suited for them. Ms. Howard concurred with all of stafPs recommendations, except the landlord is requesting that they use movable partition walls instead of permanent walls for the designated meeting space. Ms. Howard said they have scaled the seminar size down from 100 to 85 people. The seminars will be held after normal business hours, from about 7 p.m. to 9:30 p.m. and the church is willing to monitor the parking situation. She said they could pass out fliers during registration, have a parking monitor on the site, mark offthe parking location with barriers, and put up additional signage. Ms. Nora Chao, the appellant, said she represented the owners of the two buildings adjoining the River Church building. Their main concern was parking conflicts, because that has been a problem in the past as well. She provided transparencies that illustrated the floor plan of the River Church building and noted that staff's square footage calculations were incorrect. Building code regulations would limit their seminar area to 58 attendees. The River Church building has 70 parking spaces; however if the other tenants need to use some of those spaces there would be a conflict. Ms. Chao clarified that when she had spoken to Ms. Howard at the beginning about the parking situation, she was discussing a different building. Ms. Kathy Fung represented Synergy Investments, which owns of one of the adjacent buildings. She said the church's proposal would increase the number of vehicles in the parking lot and would impact them because of the spillover effect. The applicant has proposed doing a lot of monitoring and that is good, but it may not solve the situation created by inadequate parking. She suggested setting up attractive fencing within the landscaping to delineate the parking areas. Most of the parking problems occur during the day, but some tenants in that building are soffivare companies whose employees use the building a night, as well as some international businesses which do not follow standard business hours. Ms. Jean McCown, the attorney representing the neighboring properties, said she spoke with Mr. Abdalah earlier today regarding some possible solutions. She asked that council reduce the number of parking spaces that the church can plan on for their seminars. The critical times are the weeknight meetings when other tenants have not yet lei~ the parking lot. She suggested that the church be limited to 60-63 parking spaces, and a weeknight seminar limit of 70-75 people. She also recommended additional signage, a parking monitor, and written instructions regarding parking, in addition to a designated responsible contact person available during the hours of the seminar. Mr. Abdalah said the lots in this area are about 90% empty in the evening, including the adjacent lots. The River Church is willing to do additional signage and notices, as well as the monitoring and whatever is reasonable. They are also willing to have this item come back to the Planning Commission automatically in one year. Statton said he found the uses to be compatible, and believes the church will be an asset to the community. More and more churches are showing up in nontraditional locations. He suggested the council not mandate different parking requirements, but Page 6 C'~upertlno City Council May 3, 1999 urge thc church to work with adjacent neighbors to find ways to practically address the situation, such as providing a dedicated contact person in evenings. He suggested this come back to thc Planning Commission in six months for rcview, or if therc's a complaint. James said she was in favor of opening access to commercial areas where there is parking already established for weekends and evenings. She felt this was a good partnership, and there are enough safeguards in this case. Chang felt the church's proposed solutions were excellent, and agreed the item should come back to the Planning Commission in six months. Burner moved to deny the appeal and uphold the approval of 2-U-99 with the following changes to the conditions of approval. Chang seconded and the motion carried 5-0. (1) Total attendance, including staff, at all seminars occurring during the same hours will be limited to 85 or less. If parking becomes a problem, as determined by the Plavning Commission, this number may be reduced. (2) In the event that a shared parking agreement with Bank of America is recorded allowing access to 15 additional spaces, attendance will be limited to 100 or less. (3) Seminar attendees will be advised to park only at the subject site. (4) Entrance and exit to the seminars will be restricted to the main entrance on the east side of the building. (5) This use shall be allowed for a six-month trial period at which time it will return to the Planning Commission. After that the use will be reviewed on a complaint basis. (6) There shall be signage directing participants to the correct parking area. (7) A responsible-party call list shall be provided in case of complaints about parking. 13. Prezoning Parcels: (a) Garden Gate Drive, apphcations 1-Z-99 and 5-EA-99, Sophia Huang · prezoning a .24 acre parcel located at Garden Gate Drive (APN 326-33-017) to Pre RI-10. A Negative Declaration is recommended, and this item is recommended for approval. First reading of Ordinance No. 1819: "An Ordinance of the City Council of the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at 20697 Garden Gate Drive to Pre RI-10 (Single-Family Residential) Zoning District." May 3, 1999 Cupertino City Council Page (b) Green Leaf Drive - applications 2-Z-99 and 8-EA-99, Lisa Lei Wang, prezoning a .23 acre parcel located at 20819 Green Leaf Drive (APN 326-09- 005) to Pre R1-10. A Negative Declaration is recommended, and this item is recommended for approval. First reading of Ordinance No. 1820: "An Ordinance of the City Council of the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at 20819 Green Leaf Drive to Pre Rl-10 (Single-Family Residential) Zoning District." (c) Stelling Road - applications 3-Z-99 and 9-EA-99, Hui Min Li, prezoning a .22 acre parcel located at 10627 N. Stelling Road (APN 326-08-051) to Pre Rl-10. A Negative Declaration is recommended, and this item is recommended for approval. - First reading of Ordinance No. 1821: "An Ordinance of the City Council of the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at 10627 North Stelling Road to Pre RI-10 (Single-Family Residential) Zoning District." A video roll-in was shown highlighting the property locations. Cowan said that if people submit plans before June 3~, they will be able to build under the old rules. Al[er that time they must follow the new R-1 guidelines. Bumett said his concern was that the annexations are being allowed one at a time, instead of the city annexing the area as a whole. With every individual annexation that is done, it decreases the chances of winning a favorable vote for annexation. James said that the city has done pre-zonings in the Monta Vista area, so it would be difficult to refuse people in the Garden Gate area. Cowan said that if the city refuses to pre-zone the property, the owners will build their homes under the county regulations. He said that staff met recently with county representatives to see if the county would change their rules to follow the more stringent Cupertino regulations. James moved to grant negative declarations for these applications. Chang seconded and the motion carried 5-0. James moved to approve the applications per Planning Commission Resolutions 5025, 5026, and 5027, respectively. Chang seconded and the motion carried 5-0. The City Clerk read the title of ordinances 1819, 1820, and 1821. James 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 carried 4-1 with Burner voting no. Page l~ ~uper~no ~iiy ~ouncll May :~, 1000 PLANNING APPLICATIONS 14. Happy Days Child Development Center - usc permit to deiiiolish a car wash facility and construct a 6,434 sq. f~. day care center, Integrated Operations, applications 3-U- 99, 6-EA-99, 0115 Saich Way, APN 326-32-034. A Negative Declaration is recommended and this item is recommended for approval. A video roll-in was shown and Cowan reviewed the staff report. Mr. Ty Bash, R~resenting Happy Days Child Development Center, discussed the problems that the child care industry has in locating appropriate sites for their business. Neighbors are concerned with traffic and noise impacts, and industrial areas are concerned about liability issues. Some facilities that are currently being used for childcare may be converted back into school use because of the new laws about class size reduction. The proposed location is not on a major street, is easily accessible, and is in close proximity to the Northwest YMCA. They are very proud of their design for this childcare facility, which includes 19 parking spaces. The 6,434 square foot building takes into account the children's safety, convenience for the parents, and easy accessibility. Each classroom has access to the playground area, which includes a covered play area. He said that although the facility is next to a bar, the hours of operation overlap very little and there will be an 8-foot wall between the two facilities. The entrance to the childcare center is on the side farthest away from the bar. Discussion followed regarding the part of the building facing Saich Way and whether additional landscsping and trees was necessary to improve the appearance of the building and the parking area. Cowan showed the chart comparing the number of parking spaces in other child care centers, and said that staff felt 19 spaces would be sufficient. James said ifa special need arose, such as an open house, they could use the parking at the Target department store. Bumett thought there may be too much parking provided, and if that were the case maybe some of those parking spaces could be converted into landscaping. Chang was also in favor of more landscaping. Statton suggested more articulation on the building or better screening with trees. James moved to grant a Negative Declaration. Burner seconded and the motion carried 5-0. James moved to approve the application per Planning Commission Resolution No. $034, and to require more trees along the perimeter of the property at the direction of staff. Burnett seconded and the motion carried 5-0. UNFINISHED BUSINESS - None NEW BUSINESS May 2, 1 ~){){) /~uper~no/~ity/~ouncl] Page 15. Amendments to the Housing Mitigation Manual - amendments related to extending the term of affordability from 30 to 99 years, inclusion of public service en'lployces as a high preference in the buyer selection process City of Cupertino, Citywide. This item is Categorically Exempt and is recommended for approval, Resolution No. 99-127. Planner Vera Gil reviewed the staff report and explained that the amendments included the following: An added priority system; public service employees as a high preference in the buyer selection process; extending the length of affordability from 30 years to 99 years; definitions for "first time home buyers", "public service employees", and "immediate family"; minimum lengths of residency; an amendment to the applicant's' right of refusal of the unit; and additional details on annual re-qualification. Discussion followed regardingthe priorities and points assigned to particular categories, including residency, length of residency, length of employment, and whether public service employees should be given the highest priority. Council also discussed possible changes to the definition of ''public service employee" and whether it should include instructors from colleges and universities, library workers, etc. City Attorney Kilian said that council should have general goals, and that the priorities and the rules should implement those goals. For example, the priority list may include other workers who are not necessarily public employees, but who provide an essential public service. Ms. Mary Ellen Cheil, representing Cupertino Community Services (CCS), said that on the waiting list for affordable housing, they do get into the second category. The first category includes people who live in Cupertino, and the second category includes people who work in Cupertino. They usually do not get into the third and fourth categories. She noted that there are many other agencies that provide essential public services, such as food, housing, and clothing that might also be included in the definition of public service employee, such as the non-profit agencies. Council concurred to establish a subcommittee of council members John Statton and Michael Chang, who will work with staff to review the priority list and report back to the entire council at a later date. 16. Surplus county property - authorizing City Manager to send a letter of interest regarding the lease of surplus property, Resolution No. 99-128. Community Development Director Bob Cowan reviewed the staffreport. James moved to adopt Resolution No. 99-128 authorizing the City Manager to send a letter of interest regarding the lease of surplus property. Chang seconded and the motion carried 5-0. 17. Review of bids and award of contracts: (a) Sidewalk Grinding, Project 99-104 Page l 0 C~uportlno City (~ouncll May 3, 1999 Co) Traffic Signal Project, City Project No. 9526, Stevens Creek Boulevard at Salch Way, Federal Aid Project No. STPLHG-5318 (007) Burner moved to award Project 99-104 to Concrete Grinding, for the amount of $40,656.00, and authorize a 10% contingency for a total project of $44,721.60. James seconded and the motion carried 5-0. James moved to award Project 9526 to Richard Heaps Electrical Contractor, Inc., in the amount of $114,713.00, and authorize a 10°/? contingency for a total project of $126,184.30. Chang seconded and the motion carried 5-0. 18. Graffiti - adopt a resolution in support of the "Do Graffiti - Lose Your License," Resolution No. 99-129. City Manager Don Brown reviewed the staff report. James moved to adopt Resolution No. 99-129. Burnett seconded and the motion carried 5-0. 19. Revisions of the Cupertino Municipal Code: (a) First reading of Ordinance No. 1822: "An Ordinance of the City of Cupertino Amending Title 2, 3, 5, 10, 16, 19 of the 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." The City Clerk read the title of the ordinance. Burner moved and Statton 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. ORDINANCES 20. Second readings and enachaents of Ordinances: (a) 1817, "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code to Create Chapter 2.90, Residential Design Review Committee (Application 11-Z-99)" (b) 1818, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.06 of the Cupertino Municipal Code Related to City Council Elections and Campaign Finance Disclosure" The City Clerk read the title of Ordinance No. 1817. Chang 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 4-1 with Burnett voting no. May 3, 1999 Cupertno City Council Page Chang moved and Statton seconded to enact Ordinance No. 1817. Motion carried 4-1 with Bumett voting no. The City Clerk read the title of Ordinance No. 1818. Chang moved and Statton seconded to read the ordinance by title 0nly, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-1 with Burner voting no. Chang moved and James seconded to enact Ordinance No. 1818. Motion carded 4-1 with Burner voting no. STAFF REPORTS City Manager Don Brown reviewed the recommendations of the Legislative Review Committee, as follows: SUPPORT AB 398 (Migden). Housing Bonds: $750 Million. SB 510 (Alarcon). Housing Bonds: $980 Million. SB 887 (Ortiz). Group Homes: Fraud. SB 634 (Kelley). Eminent Domain: Exchange of Data and'Valuation. AB 216 (Wesson). Alcoholic Beverage Control; Special Enfomement and Training Fund. AB 220 (Washington). Community-Based Alcohol Education Programs. SB 742 (Brulte) Local Government Records Program OPPOSE SB 498 (SchifO. Public Employees Retirement. Maximum Allowance AUTHORIZE The City Manager was directed to write a letter regarding AB 60 (Knox) Overtime Bill to determine if it applies to cities. Staffwas directed to bring SB 402 (Burton) Compulsory and Binding Arbitration, Police and Fire Employees, back to City Council at the next meeting for possible opposition. Bumett moved to adopt the recommendations of the Legislative Review Committee. Statton seconded and the motion carried 5-0. COUNCIL REPORTS Dean said that he had attended the West Valley Mayors and City Managers group, which has invited the City of San Jose to join. It will give the group an excellent vehicle for direct communications. Page 12 Cupertino City Council May 3, 1/)00 Statton said that he attended thc Santa Clara County Library IPA Board, and they had discussed the Milpitas library issue. He also passed along to thc City Manager two articles for consideration by the Legislative Review Committee regarding and thc collection of personally identifiable data and requiring cities to obtain specific permission to release data. Chang said that he had attended the Association of Bay Area Governments meeting, which was about building a sustainable community in the Bay Area. James said that she met with Linda LcZotte, who represents west San $ose on the San lose City Council. They'd discussed finding reliable funding for Cupertino Community Services, as well as the feasibility of a rails to Wails project. Ms. LeZotte is very interested in working with the city on those projects. James reported that the Teen Task Force will be meeting on May 14 to provide an update to thc advisory commission. Along with Mayor Dean and Council Member Chang, she attended the Iranian Federated Women's annual fund-raiser. The Chamber Business and Industry Council held their annual business and education summit. She also attended Friendship Day at Abundant Life Church. CLOSED SESSION - None ADJOURNMV, NT At 9:45 p.m. the meeting was adjouraed. City Clerk