CC 03-15-99 Cupertino City Council
Regular Adjourned Meeting
Monday, March 15, 1999
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Dean Called the meeting to order in the Council Chambers, 10300 Tone
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Staff present: City Manager Don Brown, Deputy City Attomey Eileen Murray, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and
Recreation Director Steve Dowling, Public Works Director Bert Viskovich, Planner Michele
Bjurman, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
Mayor Dean read and presented a proclamation to County Librarian Susan Fuller commending her
selection as 1998 Librarian of the Year by the Library Journal and for her many outstanding
achievements. Ms. Diana Wu, chairperson of the Cupertino Library Commission, presented Ms.
.- Fuller with a lifetime library card. Ms. Fuller thanked everyone and said the honor also belongs to
her excellent staff.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
City Manager Don Brown said that he had received the sad news that a past mayor of Toyokawa
Japan, Mr. Yamamoto, had passed away. Mr. Yamamoto had been instrumental in the creation of
the sister city program between Cupertino and Toyokawa.
Ms. Barbara Rogers discussed some potential problems associated with the Year 2000 CY2K)
computer glitch and asked that the city take steps to prepare and to infon-, citizens how they can
prepare their families in case of disruption of service. Administrative Services D/rector Carol
Atwood said the city would be discussing its plans in detail later this month at a staffworkshop, as
well as having a drill in the Emergency Operations Center (EOC). Information and preparation
suggestions will be provided via the Cupertino Scene, the Cupertino Courier, and the city's web
page. The EOC will be activated in January if necessary.
CONSENT CALENDAR
Chang moved to approve the items on the consent calendar as presented. James seconded and the
motion carried 5-0.
Page 2 Cupertino City Council March 15, 1999
1. Accounts payable: (a) Accounts payable - February 26, 1999, Resolution No. 99-075
(b) Accounts payable - March 5, 1999, Resolution No. 99-076
2. Payroll: March 5, 1999, Resolution No. 99-077
3. Minutes: March 1, 1999, regular adjourned meeting.
4. Monthly Treasurer's and Budget Report- January 1999.
5. Byme Avenue reorganization - making detemdnations and approving the reorganization of
territory designated "Byme Avenue 98-12/' approximately 0.378 acre located on the west
side of Byme Avenue between San Fernando Avenue and Alcazar Avenue; Christ (APN
357-12-028), Resolution No. 99-078.
6. Quota International of Cupertino - request for waiver of use fee at Quinlan Community
Center for a fundraising luncheon to be held on Wednesday, April 21, 1999.
7. Cupertino Community Services, Inc. (CCS) - request for waiver of the facility use fees at
Quinlan Community Center.
~- 8. Fargo Drive reorganization - setting date for consideration of reorganization of area
designated "Fargo Drive 98-15," property located on the south side of Fargo Drive between
Glencoe Drive and the city limits, approximately 0.230 acre, Curry (APN 326-33-030),
Resolution No. 99-079.
9. Setting hearings for underground utility districts:
(a) Monta Vista Underground District, Number 16, Resolution No. 99-080
(b) Rancho Rinconada Undergrounding District, Number 17, Resolution No. 99-08
10. Approving destruction of certain records, Resolution No. 99-082.
Ms. Mary Ellen Chell of Cupertino Community Services thanked Council for the waiver of
facility use fees, and invited them to be celebrity servers at the annual CCS auction on
October 2.
March 15, 1000 Cupertino City Council Page 3
Ms. Barbara Rogers thanked Council for the waiver of facility use fees, and invited
everyone to bring their secretaries to lunch at the April 1 $ meeting of Quota International
of Cupertino, in honor 0f Secretary's Day.
Vote Councilmei~bers
Ayes: Burnctt, Chang, Dean, James, and Station
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
11. Monta Vista Undergrounding District No. 15 - pubhc hearing to determine whether public
necessity, health, safety, or welfare requires the formation of an underground utility district
on Stevens Creek Boulevard between Route 85 and Byme Avenue, Resolution 99-083.
Public Works Director Ben Viskovich reviewed the staff report and said this project would
underground the overhead utility wires of Pacific Gas and Electric, Pacific Bell, and TCI
Cablevision.
Ms. Karen Streetman said she owned a business in the shopping center across from the Post
Office. She supported this underground utility district and thanked the city council.
James moved to adopt Resolution No. 99-083 approving the underground utility district for
the Monta Vista area as described in Exhibit A, and that the city pay for the service panel
conversion for each premise. Chang seconded and the motion carried 5-0.
12. 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 fi'om March 1, 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."
Michele Bjurman reviewed the staff report and the draft ordinance shown on page 12-9. It
included a suggestion from Councilmember Burner that any new single-story homes will
have wail and height limitations. She also discussed a matrix showing the decision-makers
and their areas of authority: The Director of Community Development would decide
variances and privacy protection issues; the residential design review committee would
decide subjective design issues using design guidelines and findings, and would apply
those to two-story development over .35 FAR; and the Planning Commission would decide
any exceptions regarding prescriptive standards, such as floor area ratio, building coverage,
Page ~ ~upert~no City Council March 15, 1999
setbacks, and height, as well as single-story homes exceeding .35 FAR and not meeting the
wall or building height limitation. She also referred to the staff report on page 40-2 that
indicated guiding principles for discretionary review by the Residential Design Review
Committee.
Bumett said that it is important to make it clear that the purpose is to create harmony with
adjacent homes. James said that the wording should be amended to refer to professional
architectural review.
Mr. Mark Srebnik showed a series of slides reflecting typical ranch style homes and how
those ranch homes had been modified, and asked for council input on which changes were
acceptable.
James said she is a proponent of architectural review, but viewing the slides points out how
difficult it is going to be to determine an appropriate style. Council must honor the
individual property owner's right to express creativity. Bumett agreed, and said Menlo
Park and Palo Alto neighborhoods have a tremendous diversity in housing styles and yet
they are still haxmonious. It is partly because of the landscaping, but also because of
consistency in scale. Cowan said the topic of landscaping will be one of thc next items for
discussion by the Planning Commission. There may even be a requirement for trees in
fi'ont yards to hclp screen the mass of homes.
Chang said a lot depends on the surrounding community and what it looks like. He felt that
the rules now address many of the concerns regarding size and mass. Perhaps instead of
more prescriptive requirements, Council should now be more subjective, because the worst
cases are now prevented legislatively.
Statton said this is a matter of balance, and it is important that the neighbors who will be
living next to the new house for number of years have some input into the size, design, etc.
People who are developing new homes are encouraged to work with their, neighbors in
advance to address those issues before they can become a matter of contention.
Bumett said there will be three professional people on the committee. Tonight council is
formulating the kind of guidance to be given to that committee, and he expects a good
result.
Dean reported that some e-mail messages had been sent earlier on this topic, but because of
a network problem, they were not received in time for the last meeting. He asked that the
public infoLmation officer read them now.
The first e-mail was from Jim Hunts. He felt it was important that council visit real homes,
both within the proposed FAR numbers and exceeding them, to help validate their ideas
and decisions about the appropriate guidelines for size and mass.
March 15, 1999 Cupertino City Council Page
Two e-mail messages were received from Deborah and Arik Donde. They strongly
opposed lowering thc FAR from .45 to .35 for one-story houses. They also asked for "plain
language" explanations of the proposed changes, and said this is a serious financial impact
and the voters should have the opportunity to decide it.
The final e-mail message was from Robert and Betty Sumner, who supported the proposal
and stating that the restriction on the floor area ratios is sorely needed.
The city clerk reported that a letter from Mr. Burt Schmitz had been received after the
packet was printed. Copies were given to council at the beginning of the meeting. The
letter said the .35 FAR is more than generous for people who wish to continue longtime
residence in Cupertino.
Ms. Mabel McFarland, 10567 John Way, was in favor of the proposal as presented. Chapter
19.28 of the city code is a good description of the purpose of the RI zone, and large homes
constructed in established neighborhoods are of special concern.
Ms. Samantha Van Epps, resident of Cupertino, asked for clarification of the term
"modernizing the neighborhoods", and said she would be interested in seeing slides
illustrating remodels taken of Cupertino homes. Although the proposed changes will not
be a perfect solution, it will be better than it was before.
-- Mr. Butt Schmitz, 7479 Bollinger Rd., said it has taken constant vigilance over the last 40
years to maintain Cupertino as a desirable residential community, which has made it a
constant target of high-density real estate speculation. The percentage of votes received
have been in direct proportion to their stance against development and for maintaining
Cupertino's residential atmosphere. Cupertino is a community of small lots and the 35
percent ratio is more than generous to those who wish to continue long-term residence in
Cupertino.
Mr. Bob Schwenke, 12265 Viewoak Dr., Saratoga, suggested a clarification to page 3,
paragraph B of the proposed ordinance, since it could be interpreted that there is a 24-foot
offset. He also suggested that applicants be required to provide photographs of the adjacent
homes, which would help the design review committee determine compatibility with the
neighborhood.
Ms. Rebecca Elliot, representing the San Jose Reid Estate Board, which represents private
property owners as well as organized real estate throughout the County, said this is a
complex issue and property rights belong to both sides of this problem. She asked that they
consider placing a one-year review in this ordinance. She also asked that they not create an
ordinance which is too difficult for the layman to understand.
Page 6 Cupertino City Council March 15, 1999
Mr. Wing Lau, 7478 Fallenleaf Lane, was opposed to the .35 FAR. He lives in a typical
ranch style home, and has a piano for his daughter. The rooms are too small for that, or for
him to work on his computer while his daughter watches television, and this rule would
make it harder for him to improve his living conditions. Also, people of different cultures
will have different aesthetics and different needs depending upon the size of their families.
Mr. Larry Mattheakis, 20612 Sunrise Dr., supported Councilmember BurneR's proposal for
height hmitations. He hoped people realize that with a single-story ,45 FAR they can build
to the maximum allowed as long as they keep it to a single story. If Council decides to
proceed with the design review, they should consider things such as roof design so they are
compatible with the neighboring homes. The best thing about the proposal is allowing the
neighbors to have some input.
Ms. Georgia Cheung, 7478 Fallenleaf Lane, said she was glad that the council is keeping.
the interests of the homeowners in mind. She felt reducing the floor area ratio to.35 was
too severe. Also, many people bought their homes with the understanding the floor area
ratio would be .45 and now they are being short-changed. At first houses that are different
may look odd, but as the neighborhood is modernized they will blend in. Other
communities have a mix of house sizes. Most of the problems can be solved by using good
materials and common sense. There is nothing wrong with property owners wanting their
property values to stay high.
Mr. Raj Cherabuddi, 10800 Johnson Ave., said that a .45 FAR for single stories is
generous, but a .35 FAR for two stories encourages single-story homes. In his
neighborhood most homes are already two stories, so his house will then look odd.
Ms. Linda Roy corrected her carrier comments about the Los Gates FAR and explained that
the actual figure is a .45 FAR for a 5,000 square foot lot, including the garage. On a 10,000
square foot lot, Los Gates allows up to 39.6 percent, including the garage. She still felt
Cupertino's numbers were low. One problem is that the council is trying to apply one set of
rules to the entire city. For example, old Monta Vista has a number of very old houses
which are obsolete and should be replaced. Radical change may be appropriate in some
neighborhoods but not others. She felt that story poles would be expensive and kind of a
waste, and maybe it would be better to distribute drawings.
Mr. Leshe Bumell, 21466 Holly Oak Dr., said the .35 FAR is not a rnnit, it only means that
builders must go before the design review committee. He believes that input from the
neighbors can help to solve the problem. He also supported story poles. He liked the
modifications and specifications, but there will still be difficulty in monitoring the designs.
However, that can be handled by the Planning Commission through the appeal process.
Ms. Laima Baltusis, 19872 Merrit Dr., said it is time to move forward on this project.
Also, there have been many discussions about streetscaping, but the problem also occurs
when a second-story home is built.
909 Cupertino City Council Page
-- Mr. Alan Yuen said he lived in the Monta Vista area, and he enjoys the rural ar~a.
However, these rules will really limit the creativity of homeowners and architects, and
council is applying rules that do not mix together. He likes to see a variety of homes and
appreciates that council is trying to reduce the mass of the new houses. However,
encouraging single-story homes by allowing a .45 for single story goes against the desires
of people who want more yard space for their children to play in.
Council continued this item to the meeting of April 5, and directed staff to make the
following modifications:
1. Accept wording written by City Attorney Kilian which creates a new section 19.28.080
(as shown on page 12-12 of the staff report).
2. Include the limitations to single-story wall height as recommended by councilmember
Bumett, which do not require design review of single-story homes exceeding a .35 floor
area ratio.
3. Overall design guidelines should refer to architectural scale, mass, and architectural
form, and allow some flexibility in te,~s of materials.
4. Establish a ratio of 35/65 as the ratio of second-floor square footage to first-floor square
footage.
5. Agree in concept with the guiding principles for a discretionary review process as
proposed by councilmember Statton.
6. Review the ordinance and its impact in one year to determine if it has had a positive
effect on reducing building mass and better integrating new construction and
modifications into neighborhoods.
?. Directed staffto prepare a budget for preparation of residential design guidelines.
RECESS
At 9:15 p.m., Council recessed. The meeting reconvened at 9:20 p.m.
13. General Commercial Ordinancc- application 2-EA-99, amendments to Cupertino
Municipal Code Section 19.56 (General Commercial), City of Cupertino, Citywide.
Consideration of amendments to thc general commercial ordinance related to approval of
conditional uses by the Director of Community Development. A Negative Declaration is
recommended, and the item is recommended for approval.
(a) First reading of Ordinance No. 1815, "An Ordinance of the City Council of the
City of Cupertino Amand'mg the General Commercial (CG) Ordinance, Chapter
19.55 Related to Permitted and Conditional Uses."
Page 8 Cupertino City Council March 15, 1999
CoHlIIlllllity Development Director Bob Cowan reviewed the staff mt)oR, and said this
would amend sections and/or add new sections to the code regarding specialty food stores,
vocational and specialized schools, and retail/service kiosks.
Statton moved to grant a negative declaration and approve the project per Planning
Commission Resolution No. 5015. James seconded and the motion carried 5-0.
The City Clerk read the title of the ordinince. Bumett moved and James 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.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
14. Request for appropriation in the approximate amount of $215,000 for Rancho Rincon~a
maintenance.
Public Works Director Bert Viskovich reviewed the staff report and said the funds would
cover sidewalk repairs and the acquisition of an aerial lift truck to pcrfoLm pruning
operations in Rancho Rinconada.
Statton moved to appropriate $215,000 for the remaining portion of the current fiscal year
for sidewalk grinding and acquisition of an aerial liR truck. Chang seconded and the motion
carried 5-0.
15. TCI cable upgrade project - report from Telecommunication Commission.
The Public Infonf~adon Officer reviewed the report, and said that the Teleconununicafions
Commission has determined that the company has missed its deadline by about two
months. There may bc other areas in the franchise agreement that have not yet been taken
care of by the new system, but the rest of the system is complete. There are still several
hundred people who need to have their A/B equipment replaced, and TCI will be
contacting them again about setting up appointments to do so.
James moved to adopt the recommendations of the Telecommunication Commission and
appoint councilmembers Dean and Statton to the negotiating committee. Bumett seconded
and the motion carried 5-0. The recommendations are as follows:
· Allow the commission additional time to complete the technical evaluation of the
upgrade.
· Begin the process for assessing penalties. This should entail establishing a negotiating
committee consisting of representatives from the city council, city staff and
Telecommunications Commission.
March 15, 1999 Cupertino City Council Page 9
· Include in the penalty assessment a provision for some fomi of compensation to
residents who experienced numerous inconveniences during the construction phase of
the project.
· Authorize the Telecommunications Commission to work with TCI in developing a
construction schedule and technical compliance review for the Rancho Rinconada area.
ORDINANCES
16. R1 consh'uction on slopes 30 percent and greater - consideration of an interim ordinance to
regulate single-family residential construction on sloped lots 30 percent and greater.
(a) Reading and enactment of Urgency Ordinance No. 1814, "An Ordinance of the City
Of Cupertino Applying Interim Zoning Regulations for Properties Zoned Single
Family Residential and Having a Hillside Slope of 30 Percent or Greater, and
Declaring the Urgency Thereof, and Taking Effect Immediately."
The City Clerk read the title of the ordinance. James moved and Burner seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the only
reading thereof. Motion carried 4-1 with Statton voting no.
James moved and Chang seconded to enact Ordinance No. 1814. Motion carried 4-1 with
Statton voting no.
17. Second reading and enactment of Ordinance No. 1813, "An Ordinance of the City Council
of the City of Cupertino Prezoning an Existing Single-Family Residential Lot Located at
20696 Fargo Drive to Pre RI-10 (Single-Family Residential) Zoning District."
The City Clerk read the title of the ordinance. James moved and Chang seconded to read
the ordinance by titlc only, and that thc City Clerk's reading would constitute the second
reading thcreof. Motion carried 5-0.
James moved and Chang seconded to enact Ordinance No. 1813. Motion carried 4-1 with
Burner voting no.
STAFF REPORTS - None
COUNCIL REPORTS
City Manager Don Brown reviewed the recommendations of'the Legislative Review Committee.
Burnctt moved to accept thc recommendations. James seconded and the motion carried 5-0. The
actions were as follows:
Supported AB 236 (I-Ionda/Cuneen), incorrectly calculated ERAF shifts
AB 1612 (Florez), storm repair, local streets and highways
SCR 19 (Burton), leaf blowers, study
AB 1482 (Alquist), animal control, animal shelters, limited time extension.
·, Page 10 Cupertino City Council Mm'eh 15, 1999
Opposed SB 300 (Poochigian), repeal of £angate v. California Coastal Commission
SB 1267 (Polanco), leaf blowers preemption
AB 1544 (Granlund), leaf blowers, preemption
AB 1609 (Cardenas, leafblow~rs, preemption
SB 16 (Burton), public works, prevailing wage.
Chang said he attended the Santa Clara County Cities Association meeting. They would
like to have a more coordinated, countywide response to gratT~ti. Also, he attended the
Student Week in Neighborhood Government (SWING) game show for students today that
was very good.
James said she went on a Housing Authority tour of senior housing and public housing. With the
Mayor, she attended the Lunar New Year celebradon of the Asian-American Parents Association.
The Senior Center Expansion Committee reports that the preliminary quotes came in over budget,
so they are working to cut back in every way they can, and it may be necessary to open the new
building without new furniture. She also visited some of the fire stations.
Statton said when council interviewed candidates for the Public Safety Commission a few weeks
ago, they consistently mentioned traffic safety as one of their key concerns. He discussed some
information he received about red light violators and passed it along to the Public Works director.
Bumett said the city had looked into the red light cameras earlier and it was a little premature then,
but it now seems that the time is right to pursue that project. He also pointed out an article from
the Mercury News advocating smaller houses, which have some advantages, He said the water
district has held a number of community meetings working towards an election because much of
their funding will sunset in the year 2000. They need a two-thirds vote, and therefore really need
the support of the Sierra Club. They still have a lot of work to do to assure people that they will do
the best thing possible for the creeks in an environmental sense. He also noted that Cupertino's
projects fared very well in the competition for Article III TDA funding, specifically for bicycle
and pedestrian oriented projects.
CLOSED SESSION
At 9:47 p.m., Council recessed to a closed session to discuss significant exposure to litigation
pursuant to Government Code Section 54956.9(b)(1), regarding PH Properties, located on
Stevens Canyon Road at Ricardo 0VIcDonaid-Dorsa). At 9:57 p.m., Council reconvened in
open session. The Deputy City Attorney announced that no action was taken, and direction
was given to staff.
ADJOURNMENT
At 9:58 p.m., the meeting was adjourned. ,
City Clerk