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CC 04-05-99 MINUTES '"- CUPERTINO CITY COUNCIL ~ REGULAR MEETING Monday, April 5, 1999 PLEDGE OF ALLEGIANCE At 6:50 p.m., Mayor Dean called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Staff present: City Manager Don Brown, City Attorney Charles YAlian, Administrative Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and Recreation Director Steve Dowling, Public Works Director Bert Viskovich, Planner Vera G-il, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Ms. Lana Fomey, representing the Cupertino Post Office, said that she was currently the Officer in Charge in Cupertino. She introduced Cupertino Postmaster Sam Vasquez, who will be returning to Cupertino, and Public Relations Officer for the San Jose district post office, Gus Ruiz. She said they were working diligently to improve service in Cupertino, and had been given permission to over-hire until they can bring their delivery times back up where they belong. They have recently revamped the routes by paring down the size, and adding two trucks, and they are working with the San Jose plant to improve mail handling between the two sites. In about a month they will also be changing the starting times for the mail carriers. Ms. Fomey agreed to make a quarterly report to the Council. She said she was excited about the actions being taken to expedite service, and she was confident that they would be able to show how good the postal service can be in Cupertino. Dean said that TCI Cablevision recently debuted their ~I-Iome Intemet service and were swamped with requests for hookup, so they have asked to delay the demonstration before the council to a later time. Dean said this was the anniversary date of the city's graffiti abatement program. He said this last weekend there were a number of graffiti hits on a store, a gas station, and a sound wall, and he reminded everyone that there is a reward of up to $1,000 for information about graffiti. The telephone number to call is (408) 777-3100. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Floyd Meyer proposed the fomxation of a militia which would support the Sheriff's Office, and which would serve as an ancillary unit in case additional help is needed. Page 9~ (~upert~no City (2oun¢~l April 5, 1999 CONSENT CALENDAR James moved to approve the items on the consent calendar as presented. Chang seconded and the motion carried 5-0. 1. Accounts payable: (a) Accounts payable- March 12, 1999, Resolution No. 99-084. (b) Accounts payable - March 19, 1999, Resolution No. 99-085. (c) Accounts payable - March 26, 1999, Resolution No. 99-086. 2. Payroll: March 19, 1999, Resolution No. 99-087. 3. Minutes: March 15, 1999, regular adjourned meeting. 4. Monthly Treasurer's and Budget Report, February 1999. 5. San Femando Court - setting date for consideration of reorganization of area designated "San Fernando Court 98-13," property located on the south side of San Fernando Court between San Fernando Avenue and west of San Fernando Avenue, approx'unately 0.450 acre, Parikh, Simonini, and Goodman (APNs 357-12-069 and .-- 357-12-015), Resolution No. 99-088. 6. Housing Assistance - authorizing execution of agreement regarding housing assistance with Carol A. Atwood, Resolution No. 99-089. 7. Amhived Records - approving destruction of certain records, Resolution No. 99-090. 8. Fine Arts Grants - approving recommendations by the Fine Arts Commission for the spring 1999 fine arts grants. 9. Waiver of Use Fees - request from Iranian Federated Women's Club for waiver of use fees for a fundraiser to be held at the Quinlan Community Center. 10. Agreements with State of California: (a) Authorizing execution of contribution agreement between the State of California and the City of Cupertino for improvements to state highways within the city, Resolution No. 99-091. Co) Authorizing execution of amendment to agreement between the State of California and the City of Cupertino for rermquishment of portion of South De Anza Boulevard, Resolution No. 99-092. -- 11. Federal Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program Funding - authorizing city manager to file an application for funding, Resolution No. 99-093. April 5, 1999 Cupertino City Council Page 3 '-- 12. Acceptance of Municipal Improvements: (a) Kelvin & Martha Shan Ping Kang, 21850 Lomita Avenue, APN 3575-15-005. Co) Irvine Apt. Communities, Inc. (Tandem Site, Hamptons), Pruneridge at Wolfe Road, APN 316-06-032,037. 13. 22385 Santa Paula Avenue, APN 357-04-00: (a) Accepting grant of easement, roadway, Resolution No. 99-094. (b) Quitclaim deed & authorization for underground water rights, Resolution No. 99-095. (c) Improvement agreement, Tony & Diana Wong, Resolution No. 99-096. 14. Exchange of Property and Easement - first amendment to agreement for exchange of properly and easement dated 6/24/98, between County of Santa Clara, Roman Catholic Bishop of San Jose (Diocese), the O~Brien Group (Developer), and the City of Cupertino, Resolution No. 99-097. 15. Parcel Map & Improvement Plans - 21221 Rainbow Drive, Maximo and Beatrice Perez, APN 362-10-006, Resolution No. 99-098. Vote Councilmembers Ayes: Bumett, Chang, Dean, James, and Statton Nocs: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 16. Community Development Block Grant - public hearing to review and approve use of twenty-fifth year (1999-2000) Community Development Block Grant (CDBG) funds: (a) Authorizing submittal of funding proposal for the twenty-fifth program year (1999-2000) of the Community Development Block Grant (CDBG) Program, Resolution No. 99-099. Planner Vera Gil reviewed the staff report. Ms. Mary Ellen Chell discussed the rotating shelter and affordable housing program provided by Cupertino Community Services. Ms. Georgia Bacil explained the legal services provided by Senior Adults Legal Assistance. @aBe 4 Cupert'mo City Council April 5, 1999 Mr. Berkeley Burbank highlighted the services offered by Charities Homing Development Corporation. James moved to adopt Resolution No. 99-099; authorize the following allocations and transfers, and direct staff to explore transferring the rehabilitation program to the county in order to reduce staff overhead costs. Statton seconded and the motion carried 5-0. 1999-00 Allocation: Program administration $1 $,000.00 Public Service Grant implementation $ 8,000.00 CCS - Rotating shelter $20,000.00 CCS - Affordable placement program $ 7,374.00 Senior Adults Legal Assistance $ $,000.00 (Staffto work with SALA to explore expanded services to the Cupertino Senior Center next year) Charities Housing Development Corp. $20,000.00 (On the condition that they give priority to Cupertino resid~ts) Urban County Rehabilitation Services $15,000.00 Cupertino Community Services- Housing Development $76,169.00 Affordable Housing Fund: CCS - Affordable Placement Program $ 7,626.00 Transfers: From CU-94-13 to CCS Housing Dev. $49,330.00 From CU-98-11 to CCS Housing Dev. $96,345.21 From CU-99-11 to CCS Housing Dev. $45,345.00 17. R1 Ordinance - application 11-Z-97, public hearing to consider an amendment to the single-family residential ordinance, Municipal Code Chapter 19.28, regarding building mass, setback, and height. Negative Declaration is recommended and the item is recommended for approval. (Continued from March 15, 1999): (a) First reading of Ordinance No. 1808, "An Ordinance of the city Council of the City of Cupertino Amending Chapter 19.28,. Single Family Residential Zones, of the Cupertino Municipal Code." (b) First reading of Ordinance No. 1809, which amends definitions for zoning regulations, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08, Definitions, of the Cupertino Municipal Code." Community Development Director Bob Cowan reviewed the staff report and discussed options related to wall height, roof lines, and setbacks. 41 r41 l )gg Cul erfino C' ty Coune' l I age Mr. Atlur/ Kmax'i, a resident of Cupertino, said he was concerned about the detr/mental effect of the changes to the floor area ratio provision on the quality of life. The living space inside people's homes is the most significant physical factor affecting the quality of their life. Changing the FAR from .45 to .35 is a reduction of 22% to 33% of the living area. Regarding due process, it is typical for governments to go to citizens for a referendum for only a few cents of school taxes. Residents have been lulled by the security provided by such a system. He did not think procedures used to publicize the pwposed FAR changes were commensurate with their importance, and should be voted on in the next election. Mr. Kumad did not feel the rules could be enforced fairy and efficiently, and that citizens would be inclined to build their homes at a FAR of .35 and later return for permission to increase the FAR to .45, which would double the load on the city's resources. Mr. Leslie Bumell, 21466 Holly Oak Dr., discussed the pwposed "building envelope" option described in the supplemental staff report. He said it appears that it would allow a house to gradually slide into a two-story type view from one side, without having to go through a two-story review for a .35 FAR. Mr. Bob Schwenke, 12265 Viewoak Dr., Saratoga, discussed the building envelope option with 12 ft. high walls and 5 ft. setbacks. He said it is possible to accomplish a 45 percent FAR on a single story, although the house will not be as grandiose. He said his greatest concern was that the 5 ft. and the 10 ft. setback rule would have to be adjusted for single stories down to a 5 ft. minimum setback on both sides to be able to accomplish a .45 FAR. Bumett said that after the last meeting he received a call from Mr. Schwenke with a suggestion about using a 25-degree slope instead ofjnst a height lim/tation. From the point of view of a person standing next or to the house, it doesn't cut offas much light or view. Also, if the wall is set back the wall height could be increased, but the advantage to the neighbor is that the house will be farther away and it will feel more spacious. Burnett also agreed with Mr. Schwenke's suggestions to allow the gable to turn 90 degrees with a 20 foot high maximum, and to allow 5 ft. setbacks on either side of lots which are less than 6,000 square feet and 50 feet wide. Cowan said the earlier proposal is that no matter how big the house is or where it's located on the lot, in no case can a wall go higher than 12 feet with a 25 degree roof angle. That's more restrictive than the building envelope option, which allows a one- story house to be moved around under a "tent". This provides more flexibility in allowing a little higher wall offset by a little greater distance. Burner said his goal is to maximize the pwtecfion of the neighborhood by encouraging people to build one-story homes, and to reduce the amount of load on the design review committee. Cowan thanked Mr. Bob Schwenke and the three other builders who worked on a committee with the Planning Commission on th/s process. Page g Cupertino City Council April Statton, Chang and James were in favor of the building envelope option for one story houses, and the increased flexibility for lots less than 6,000 square feet and 60 feet wide. :James said that it isn't just Cupertino that is deai'mg with the repercussions of buildout, it is something that is happening nationwide. She thought the city has done a fine job in addressing this situation, but it is still a work in progress. Discussion followed regarding the appropriate wall height. Bumett said that he was in favor ora ten foot maximum. Statton said he was inclined to allow it 12 with maximum since the house size is being shnmk down in so many other ways. Mr. Srebnik said the 12 foot height includes 18 to 20 inches offthe grade to get the finished floor height, and then there is an 8 or 9 foot high wall. Occasionally, if it is a family room or living room, the wall may be high as 9 to 10 feet. He said that a 12- foot maximum wall height from grade will provide more flexibility, but not everybody will build every room as high as that. James and Chang were also in favor of a 12-foot maximum. Discussion followed regarding allowing gable ends on the side of the house. Bumett favored hip roofs, but agreed that gables were a common theme in ranch-style houses, so he would accept the recommendation from staff. Statton suggested they allow gables, but revisit the question in a year to see if there have been any problems. Mr. Srebnik said there is already a precedent for side gables, so this would give homeowners the choice of gable roofs or hip roofs, and keep every new house from looking the same. James agreed it should be revisited in one year. Chang said .that gables are a community standard and he wanted to give homeowners the choice. Burner moved to grant a Negative Declaration. James seconded and the motion carried 5-0. Burner moved to approve the application per Planning Commission Resolutions 5003 and 5007, with the following changes: (1) Selected the "building envelope" option with 12-foot maximum wails and allowing gable ends; and (2) Lots of 6,000 sq. ft. or less, which are 60 ff. wide or less, may have first story side setbacks of 5 ft. each. James seconded and the motion carried 5-0. The "building envelope" option wording is as follows: 1. Height c. The maximum exterior wall height and building height must fit into a building envelope defined by: 1. A 12' high vertical line measured from natural grade and located 5' from property lines. 2. A 25 degree roof line angle projected inward at the 12' high line referenced in 1.c.1. above. April 5, 100~) Cupertino (~ity Council Page The City Clerk read the title of Ordinance No. 1808. Burnett moved and James -- seconded to read Ordinance No. 1808 by title only, and that thc City Clerk's reading would constitute the first reading thereof. Motion carried $-0. Council confirmed that thc effective date of Ord. 1808 is 45 days after enactment. The City Clerk read the title of Ordinance No. 1809. Bumett moved and James seconded to read Ordinance No. 1809 by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. 18. Monta Vista Undergrounding District No. 16 - public hearing to detei-mine whether public necessity, health, safety, or welfare requires the fom~ation of an underground utility district on Stevens Creek Bouievard between Phar Lap Drive and Janice Avenue, Resolution 99-100. Statton moved to approve resolution No. 99-100. Chang seconded and the motion carried 5-0. 19. Rancho Rinconada Undergrounding District No. 17 - public hearing to determine whether public necessity, health, safety, or welfare requires the formation of an underground utility district on Stevens Creek Boulevard between Tantau Avenue and Stem Avenue, Resolution 99-101. James moved to approve resolution No. 99-101. Burner seconded and the motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS- None NEW BUSINESS 20. Campaign finances legislation status report. The City Clerk reviewed the staff report and the City Attorney discussed the options available to Council, which would be in keeping with First Amendment rights. Burner said that he had campaigned under these restrictions and it is extremely arduous. Proposition 208 is in trouble with the courts and the city's ordinance is even more restrictive, so it might be subject to a legal challenge. Most importantly, independent committees can work around the ordinance and still do last-minute activities. He was in favor of keeping the voluntary expenditure limit of 15,000 dollars and repealing the ordinance. After the court decision on Proposition 208, Council couid reconsider the new ordinance. Statton said his major concern with this ordinance is with the independent expenditure committees, because they are allowed to raise funds after the election. The committees play a healthy role in the process but they should be treated in the same manner as candidates and declare the source of their funds in advance of election. Dean said the essence of this ordinance was to make the election pwcess as clean as possible. He also agreed that independent committees should disclose their backers prior to the election. James said she also ran a campaign under the ordinance and liked the $100 limit on contributions, as well as the $15,000 expenditure limit. Her major concern was the requirement for filings in addition to those requi~xl by the Fair Political Practices Commission. Her other complaint was that people with personal wealth were able to independently fund their campaign after the other candidates were forced to stop fund- raising two weeks prior to the election. Many supporters do not get around to writing checks until that time, and then it is too late. Since the law will not permit the limitation of personal expenditures, then none of the candidates should be required to stop raising money prior to the election. Chang said that Council knew from the beginning this ordinance would not solve all of the problems, including the issues regarding independent expenditure committees. City Attorney Chuck Kilian said the part dealine with the time period for raising contributions directly affects all First Amendment rights. Cupertino's ordinance is the only one of its kind in California, so any lawsuit would be a case of first impression. Candidates know what they are getting into because there is a filing deadline and they are told what the rules are ahead of time. If independent committees are viewed as an · adjunct to candidates to get around the process, that is a loophole. However, if independent expenditure committees are truly independent, it may be because of the heat of the campaign, so they form a committee because they feel strongly about something. To stop an independent expenditure committee from raising money prior to the election would have a deleterious affect on their ability to accomplish anything, since they may only start a week or two before the election. Chang said that, based on the experience of the people who ran campaigns under this ordinance, having different dates for reporting did not make sense. He felt that full disclosure prior to the election was important, and the infou~ation can be provided on the Internet. City Attorney Chuck Kilian said the reason for the additional forms is integrally related to stopping campaign fundraising two weeks prior to the election. If the deadline differences are eliminated, it will not be possible to enforce the fund-raising cutoff. The forms are to require compliance with disclosure prior to the election. April ~, 1000 Cupertino City Council Discussion followed regarding the feasibility of synchronizing Cupertino's reports with -- thc FPPC reports since the dollar amounts to be reported were changed to be the same on each form. Kilian said it would still be necessary to have a Cupertino fo, m to cover the three days before the fund-raising cutoff. Discussion was also held regarding a fund=raising cutoff for independent expenditure committees. Kilian said it was important to be as liberal as possible for the independent expenditure committees. It was agreed that they would be allowed to raise funds until four days prior to thc election, but they would also be required to file their disclosure forms four days prior to the election. Council concurred to direct staffto prepare a revised ordinance which will (1) Retain the $100 maximum contribution limit; (2) Require candidates to stop fundraising fourteen days prior to the election; (3) Require independent expenditure committees to stop fundraising and report to the city clerk one day prior to the election. (4) Establish one specialized filing for candidates and one specialized filing for independent expenditure committees (in addition to the regular filings required by the FPPC) to disclose total campaign expenditures and contributions prior to the election. Staff was also directed to prepare a resolution that would re-establish the $15,000 voluntary expenditure spending cap. 21. Pacific Bell Rate Increase = opposing request by Pacific Bell to raise rates for 411 calls and emergency breakthrough calls, Resolution No. 99-102. Burnett moved to approve Resolution No. 99=102. Statton seconded and the motion carried 5=0. 22. General Plan annual report. Community Development Director Bob Cowan said that state law requires the city to forward an annual report to the state Department of Housing and Community Development and thc Office of Planning and Research. The Planning Commission reviewed thc general plan this year and made five recommendations, which were listed in the staff report. Council concurred to approve the annual report per the Planning Commission recommendations as follows: (1) The implementation section of the General Plan should be updated as part of the five=year General Plan review, so that all unscheduled items are either removed or scheduled; (2) Housing allocation categories should be studied for possible reallocation as part of the five=year General Plan review; (3) Additional traffic measurements should be provided to more accurately represent traffic levels of service; (4) Retain in the work program (a) the review of industrial/residential mixed use land use designation and (b) the height/sethacks ratio. Delete from the work plan thc study of thc Bandley area for residential ptuposes; and ($) The five-year General Plan review should occur. Existing community groups should be utilized to involve the community in the process. The Plan should have a 20=year vision, a 10-year strategy and five=year tactics. Pase 10 upertlno ~ty Oouncll Aprll ~, 1~ ORDINANCES 23. Second reading and enactment of Ordinance No. 1815, "An Ordinance of the City Council of thc City of Cupertino Amending the General Commercial (CG) Ordinance, Chapter 19.55 Related to Permitted and Conditional Uses." The City Clerk read the title of the ordinance. Bumett 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. Bumett moved and James seconded to enact Ordinance No. 1815. Motion carried 5-0. STAFF REPORTS - None COUNCIL REPORTS The City Manager reviewed the recommendations of the Legislative Review Committee. Bumett moved and Chang seconded to accept the recommendations and authorize the Mayor to sign letters as follows: Supported AB 304 (Wildman), ERAF return; AB 24 (lVladdox), ERAF growth cap; AB 1194 (Leonard), ERAF return; AB 1195 (Longville), ERAF return: and ACA 11 (Briggs), ERAF return. Supported AB 1347 (Runner), property tax administration, disclosure. Continued support of AB 1482 (Alquist), animal control, animal shelters, limited time extension. Opposed SB 498 (Shift), public employees retirement, maximum allowance. Chang reported that he visited the Sunnyview Manor to learn about the pwjects they are doing for senior citizens, including the addition of an ALzheimer's disease care unit. He also attended a lunch presentation by Michael Cronk of the Mercury News. This week will be a meeting of the Santa Clara County Cities Association. James said she attended the Association of Bay Area Governments planning conference with the Planning Commission and the Community Development Director. She represented the City at the Suzanne Wilson Environmental Awards along with two city employees. James also represented the City at the investment of a new pastor, Mr. Roy Dunn, at the Union Church. She also attended the Rotary Club's annual fishing trip for children and the Multicultural Collaborative at the Quinlan Community Center with Council member Michael Chang and City Manager Donald Brown. She also participated in the presentation to the Rotary Club of the new Senior Center expansion plans.