Loading...
CC 02-01-99 MINUTES -- CUPHRTINO CITY COUNCIL Regular Meeting Monday, Febnlary 1, 1999 City Hall Council Chamber, 10300 Tone Avenue (408) 777-3200 PLEDGE OF ALLEGIANCE At 6:48 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 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 II Vera Gl1; and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS Santa Clara County Sheriff Laurie Smith greeted the City Council and reaffirmed her commitment to continue providing quality law enforcement services to the community. Mayor Dean congratulated her upon becoming the first female Sheriff in the State of California. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR James moved to approve the items on the Consent Calendar as presented, with the exception of item Nos. 3, 9, and 12, which were pulled for further discussion. Statton seconded and the motion carried 5-0. 1. Accounts payable: (a) January 15, 1999, Resolution No. 99-030. (b) January 22, 1999, Resolution No. 99-031. 2. Payroll - January 22, 1999, Resolution No. 99-032. February 1, 1999 Cupert/no City Council Page '-- 4. Monthly Treasurer's and Budget Report -- December 1998. 5. Rancho Rinconada - setting public hearing date of March 1, 1999, for consideration of reorganization of area designed "Rancho Rinconada 98-09", property located in the unincorporated area generally bounded by Miller Avenue, Stevens Creek Blvd., Lawrence Expressway, Bollinger Road, and Tantau Avenue, Commonly referred to as Loree Estates and Rancho Rinconada; approximately 324 acres. Resolution No. 99- 033. 6. Grants of easements: (a) Sidewalk, 10023 South De Anza Blvd., APN 359-08-019, (Mardesich Company). Resolution No. 99-034. (b) Public Art, 10023 South De Anza Blvd., Chevron Station, (Mardesich Company), APN 359-08-019, Resolution No. 99-035. 7. Acceptance of municipal improvements: E & H Third Family LP, 21855 Dolores Avenue, APN 357-14-025. 8. Alcoholic Beverage License application: Rockett Pizza, 10625 S. Foothill Boulevard. 10. Reimbursement Agreements: --- (a) Irvine Apartment Communities, Wolfe Road ~ Pruneridge Ave., APN 316-06- 032 and 037. Resolution No. 99-037. (b)' l~homas & Paula Hutton, 22820 San Juan Road, APN 342-21-023/024/025. Resolution No. 99-038. 11. Quitclaim Deed, Chia-Hsin Tang and Feng-Yi Chang, 10231 Mira Vista Ave., APN 357-02-032. Resolution No. 99-039. 13. Authorization to submit applications: (a) Transportation Development Act, Article 3, Bicycle and Pedestrian Fund Program, for bike lanes on South Stelling Road between McClellan Road and Prospect Road. Resolution No. 99-041. (b) Santa Clara Valley Transportation Authority for funds for trip reduction program at all Cupertino schools (elementary, middle, and high). Resolution 99-042. 14. Byme Avenue - setting date of March 1, 1999, for consideration of reorganization of area designated "Byme Avenue 98-14," property located on the west side of Byme Avenue between Alcazar Avenue and Dolores Avenue; approximately 0.165 acre, Chyu (APN 357-12-034). Resolution No. 99-043. February 1, 1999 Cupertino City Council Page 3 Review appointm~t of Planning Commission Environmental Review Committ~ representative. Vote Councilm~nbers Ayes: BurneR, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Minutes of the January 19, 1999, and January 22, 1999, regular adjourned meetings. Chang said that page 6 of the minutes of Jan. 19 should be amended to say that "...in the near future the city will bring the neighborhood together...." The City Clerk noted that item No. 7 would be amended to reflect a unanimous vote by council. 9. Parcel map and improvement plans and agreement, Rodger & Wooley, Upland Way, APN 369-34-001/002. Resolution 99-036. The Public Works Director said this item was not ready and should be tabled. 12. Vacation, St. Joseph's Public Road Easement, Forum Lifecare, Inc., Cristo Rey Drive. Resolution No. 99-040. The City Clerk noted that the resolution should be amended to reflect that the public hearing would take place on March l, 1999 Stat'ton moved to table item 9 and to approve item Nos. 3 and 12 as corrected. James seconded and the motion carried 5-0. PUBLIC HEARINGS 16. Appeal of the Planning Commission decision regarding tentative map to subdivide a .73 acre parcel into three parcels, 10840 Bubb Road, Application 3-TM-98, Deblin I. Appellant: Rebecca Casciani, et al. Continued from January 19. Community Development Director Bob Cowan explained the latest proposal for a V-ditch for drainage. If the neighbors and the developer agree upon that solution, the developer will pay for the installation and the ditch will handle drainage for all three lots. February I, 1999 Cupertino City Council Page 4 Public Works Director Bert Viskovich said that there is no short-term solution for the pending that occurs on Cranberry Avenue. He explained that thc underground pipe system cannot handle the flow during major sto~is so the streets have been designed as retention areas to hold the water until the pipes can take it. This sort of hold'rog system is common throughout the city. He discussed the master storm drain plan, and said that in order to raise the capacity of the storm drain system from a three-year to a ten-year storm capacity, it would cost in. excess of $5 million dollars. He said that staff can arrange to add more overflows if any of the property owners are interested, but it will not eliminate the pending. Mr. James Casciani, 7985 Pumpkin Ct., representing the neighborhood, thanked staff, council and the developer for their work on the easement issue. Mr. Casciani showed a photograph of the pending on Cranbeny and said they understood it would be very costly to repair the situation, so the neighborhood is not insisting upon that. However they feel strongly about the lack of disclosure about the houses which will be constructed on these three parcels. He asked that the developer follow the regulations regarding size and mass, which are being considered under the new R-1 ordinance. Mr. Leslie Bumell, 21466 Holly Oak Dr., showed a map illustrating Calabazas Creek and highlighting the blockages in the storm drains. He recommended that the City and - the Santa Clara Valley Water District split the cost of fixing the problem and repairing the Bollinger bridge area. The Public Works Director said that there is a task force working on that problem. The chain link gate has been relocated so that it will no longer block the flow. However, the only real solution is to redesign the entire channcl. Cowan handed out a map showing the land swap that had been agreed upon by the developer and one of the neighbors. Chang moved to deny the appeal and uphold the Planning Commission decision, and to add the condition as recommended in the staffreport: "The applicant shall develop a V-ditch across Pumpkin Court near the intersection of Pumpkin Court and Pumpkin Drive in order to ensure that additional storm waters do not enter the Court from Pumpkin Drive. The improvements shall be installed if the Public Works Director determines that the majority of residents who live on Pumpkin Court desire a V-ditch in the road system." Statton seconded and the motion carried 5-0. 17. Public hearing to review and approve the COPS (Citizens' Option for Public Safety) funding allocation ($105,331.08) and approval of additional funding for School Resource Officer. Santa Clara County Sheriff Laurie Smith spoke aboat the importance and effectiveness of the School Resource Officer in providing early intervention, enforcement, and identification of at-risk youths. She offered her assistance to keep this program in place. February 1, 1999 ~upertlno City Council Page James said that this is an outstanding and proactive program, and she is very unhappy that the high school district will not participate. She offered to work with the Sheriffs Office and high school board to find grants and other solutions to keep the School Resource Officer. Chang agreed that this is a valuable program and the lack of participation by the high school district sends a confusing signal. He wondered how they wouid evaluate the program and where it is on their list of priorities, apart from their ability to financially support it. He offered to work with council member James and the school board to find a solution. Statton agreed, and suggested that the city discuss the situation with the high school board first and then offer a challenge grant. Burner agreed with the suggestion, but was concerned that the timing may cause the funding to be lost. The Administrative Services Director said that the high school district feels the program is very valuable but is unable to fund it past December of 1998, so there is very little time left to make decisions about additional funding by the city. City Manager Don Brown suggested that the council consider this has a part of next fiscal year's funding. Statton agreed with that suggestion. Chang moved (1) That council approve Resolution No. 99-044 for COPS funding; (2) - That council approve additional funding for a School Resource Officer; and (3) That city staff, high school district staff, and council members Chang and James shall work together regarding School Resource Officer funding; that a presentation be made to the high school board by the COPS School Resource Officer; and that the high school board give an evaluation of the program and discuss their commitment for future funding. James seconded and the motion carried 5-0. Council members agreed that they would like to hold annual meetings with the school boards. 18. 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. (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) Amending Definitions Ordinance - Municipal Code Chapter 19.08. First reading of Ordinance No. 1809, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08, Definitions, of the Cup~ino Municipal Code." February 1, 1999 Cupertino City Council Page - Mr. Mark Srcbnik, consulting architect, showed slides of the various styles of houses in Cupertino. Hc said that they were predominantly single-story ranch homes, although the housing stock also included split-level ranch homes, two-story ranch homes, Cape Cod-style homes with 1-1/2. stories and steeper roofs, and full two-story homes. There are also neighborhoods with distinctive one-story Eichler. Mr. Srebnick said that the major area of conflict appears to be the transition between traditional ranch homes and newer, large two-story homes. There is not as much of a problem in new neighborhoods where all the homes are similar. Mr. Srebnik discussed the recommendations of the Planning Commission as shown in thc staff report, which made changes to floor area ratio (FAR), setbacks, additional site requirements, exceptions, and exemptions. Mr. Srebnik showcd an overhead prepared by Dick Fang, architect, who was concerned about construction on sloping lots, where the restrictions would make it more difficult to have a high-volume roofline. Cowan revicwed a sliding scale FAR chart which compared the communities of Cupertino, Pale Alto, Mountain View, and Los Altos. He said that the Planning Commission recommends the Pale Alto sliding scale~ Cowan also discussed the recommended proportion of upstairs/downstairs building area, and Srebuik showed a series of slides illustrating the case studies shown on page 18-35 of the staff report. Cowan said that thc Planning Commission recommends a 60-day pipeline period for people who have already begun their plans. Mr. Bob Schwenke, 12265 Viewoak Dr., Saratoga, said that he is a building designer. He showed an overhead illustrating the impacts that an FAR reduction would have on Cupertino property values. He estimated there would be a financial loss of 5.5 percent on a 6,000 square foot lot, increasing to a 16.67 percent loss on a 10,500 square foot lot. He said that Council could not legislate good design, and they needed a professional design commission to provide realistic transitions between older neighborhoods and new homes. Mr. Berk Simonds, 1171 S. Stelling Rd., said that by proposing designs that are low- pitched, Council will be limiting thc possibility of new designs. He also asked what standards must bc followed if a house were rebuilt after an earthquake or fire. He believed that garage and hobby areas should be exempt from the FAR Calculations. Cowan said that modifications to a home have to confo~¥a to the new ordinance, but if the house were destroyed by an Act of God, it can bc rebuilt under the earlier requirements. Mr. Jean-Claude Roy, 21852 Monte Ct., said that he owned a second property in Monta Vista, and was concerned about thc restrictions. Lowering the FAR would disadvantage his property compared to the very large homes that are already there. Mr. Bran Lan, 21837 Oakview Ln., said that there are three large houses surrounding his small house, and he is a very opposed to this FAR change. He felt that Council should allow more time to see how the other changes they have made, such as Fel~ruary 1, 1/)/)/) Cupertino City Council Page landscaping requirements, may address the problem before they began more restrictions. He too was concerned about the decrease of property values. Ms. Sing Shi, 21837 Oakview Ln., said that she had purchased her old home in order to build a new one. Building costs have escalated it is difficult to save the money to begin their project. If Council changes the FAR, her family will not be able to build their desired home and it will reduce their property values. She said that locations in Sunnyvale, which are also in the Cupertino school district, have better ratios for homebuilders. Mr. Garold Pugh, 11360 S. Stelling Rd., distributed a copy ora petition, signed by over 100 people, objecting to this proposed ordinance. He felt it was a violation of the fights of everyone who bought a house hoping to build up. Mr. Mark Bums, representing the Peninsula-West Valley Association of Realtors, said that Mr. Schwenke's estimated figures were probably too low, since they included Rancho Rinconada and portions of San Jose. Most Cupertino houses are more expensive, so there would be a much larger negative impact. Ms. Kathryn Nickerson, 11360 S. Stelling Rd., said she had not heard of any discussions about setbacks, side yards, height restrictions, privacy issues, shadow - casting, and the necd for compliance monitoring. She felt the same guidelines should apply to quasi- public buildings adjacent to these homes, but at the present time they are measured differently. She suggested different requirements for established neighborhoods vs. new neighborhoods. Ms. Shannon Elam, representing the Peninsula-West Valley Association of Realtors, said that they were adamantly opposed to the sliding scale because on reduced property values, equity concerns, and diversity concerns. Ms. Linda Roy, resident of Cupertino, handed out demographic information comparing Cupertino to the city of Palo Alto. She did not feel there has been sufficient hearing on the FAR proposal, and the combination of design rules, setbacks, and a reduced FAR have a negative impact, especially because Cupertino has more young families and larger families. She fclt an architectural review committee was needed, and also suggcsted that more FAR be allowed if the project has a superior design, as it is done in Mountain View. Mr. Larry Mattheakis, 20612 Sunrise Dr., said that the silent majority expressed their views in the last campaign regarding their concerns about very large homes next to small homcs. When the issue of FAR was raised, those who were campaigning suggested reducing the FAR. He felt that.45 FAR was acceptable for new development, but creates a problei~ in established neighborhoods. He was in favor of a sliding scale FAR which allows more compatibility with existing neighborhoods. He did not believe there would be an impact on property values since there are too many ~ebruary I, 1999 Cupert/no City Council Page other reasons that Cupertino is a good place to live. His major concern was the loss privacy. Mr. Johan Darmawan, 22550 Alcalde Rd., suggested that this topic be covered more in the Cupertino Scene, including pros and cons and a feedback point. Also, many architects will be able to design pwjects that will go around this proposal. Ms. Wendi-Mae Davis, representing the San Jose Real Estate Board, agreed with other speakers that homeowners and prospective buyers will be negatively affected. For many families it is not just desirable to have a large two-story home, it is necessary for their large families. Mr. Ron Sykora, 22139 Rae Ln., said he had been involved in building many larger homes and was simply meeting the buyers' demand. This ordinance seems to be an over-reaction to a few large homes which don't fit in well, and council should not restrict property owners from getting the best price. It would ultimately benefit the in terms of property taxes. He asked that the pipeline period be extended. Mr. John Mracek, a resident of Cupertino, felt that his property values have already been lowered because of an oversize house in his neighborhood. The real issue is about quality of life. The other cities discussed this evening maintain a quality of life - so that neighboring houses do not impede on privacy. He supported the proposed reduction of the FAR. Ms. Maxine Erland said that she purchased an old house on a large lot in order to build a bigger house. The sliding scale and double counting of high spaces would penalize cathedral ceilings. Also, the pipeline is too short, particularly since the roles have been in flux for many months. She felt the changes should apply only to newly purchased homes, and she noted that it would discourage extended families. Ms. Laima Baltusis, 19872 Mcrdtt Dr., said that her family purchased their house because of the established community and well maintained homes. Ms. Mary Viu, 10301 Johnson Ave., said that they were residents of an 800 square foot home on a $,000 square foot lot. They hoped that one day they could build the house they want but they cannot afford to move quickly to get into the pipeline. She asked that the Council consider an architectural review committee instead. Bumett said that since she had a 5,000 square foot lot, there would be no change in the floor area ratio even if council adopted this ordinance. Bumctt said that in general these proposed controls will improve the situation. He felt thc second .story offsets should be on both side yards since they have the most impact on the neighbors. Within thc community, a 5,000 sq~_re foot lot is the most common, and the impact of this ordinance would be quite small. He was more concerned with l:doruary 1, 1000 Cupertino (~ity (~ouncll l~age {) -- quality of life issues, and during his campaign ho talked to many people who were very upset about large houses that loom over their property. He was in favor of the planuing commission recommendation with the additional requirement that second- story offsets be mandatory. Statton said that when he was campaigning he heard many complaints about large homes on small lots. This is a community in transition and people are trying to maximize their property values and living space. It was interesting to note that the communities which are viewed as most desirable have some of the tightest restrictions in terms of their FARs. He was leaning in favor of the sliding scale. There doesn't secni to be a problem in in newer neighborhoods where all the homes are larger, and he questioned whether it was necessary to have the same FAR for both large and small lots. He was reluctant to proceed with this, phase 2, in case phase 3 caused them to rethink their changes. Cowan said that the majority of the town is basically ranch style, and there will probably only be one or two neighborhoods that are really unique, such as the Eichler neighborhood. Perhaps there could be a design overlay for those neighborhoods. Chang said he would like to discuss the design issues separate from the FAR, since the FAR changes were added at the very end of the process. He would like to see this continued until the next meeting. The proposed design guidelines can help the - problem even if the FAR.s are not changed. Perhaps a sliding scale would have a more modest impact. James said she also talked to many people in the community on this topic and there is genuine concern about established neighborhoods and the impact on quality of life by renovations and new homes. James said she has always favored a design review committee, because the issue is not just one of size, but it is also about quality and architectural style. People live in Cupertino because of the environment, the job market, and because the residents care about their community. She felt this ordinance would serve to protect established neighborhoods. Dean said he was more concerned with the long-term owner living in town than the owners who bought the property intending to sell it. If the city manages this properly, no one will lose any money. Burnett noted that most of the homes on the Diocese property would not be built to the .45 FAR ratio and would be allowed under the Palo Alto rules. Statton said that he had thought a design review process would be very onerous, but if there are only 200 or so homes a year that are remodeled or redesigned, perhaps the idea should be considered further. James said her fear was that going to a prescriptive and formula-driven model would mean the loss of creativity, which is needed to maintain the unique qu_ality of neighborhoods. Council concurred to continue this item to Feb. 16, and directed that staff prepare a simulation using photographs and overlays February 1, 19~{) Cupertino (~ity (~ouncil Page 10 to reflect the architectural modifications, streetscaping, and pr/vacy modifications that would be required if these ordinances are passed. James moved and Chang seconded to continue this item to February 16. Chang asked that staff prepare a simulation of how some of the house designs would be affected by the proposed changcs. The motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 19. Request by Cupertino Community Service (CCS) for $1.6 million from city's Affordable Housing Fund to be used for site identification, acquisition and construction of affordable rental units. Planner II Vera Gil highlighted the staff report and said that the request is encumber funds to assist them in the negotiation process and acquisition of funding. They will approach the city later with a contract that specifies the terms of the pre, development funds. She explained that CDBG funds that have not been used in previous years were · - set aside in the affordable housing fund. The city is required use those funds within five years or else the county will ask that the money to be reprogrammed. That is one reason that staffrecommends CDBG funds for this purpose. The other reason is that it allows them to reserv/e some of the BMR in-lien fees, which have more flexibility. Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services (CCS), highlighted the services which CCS provides. The housing that they propose to build would be for very-low and low-income families, and would help to meet the acute need for p~uuanent affordable housing. They also propose to build a 6,000 square foot facility for CCS. They have contracted with Bridge Housing Corporation to develop the property and are in the process of identifying and acquiring a site. Bumett said he's very supportive of this project. He asked about funding for the 6,000 square foot building for CCS. Ms. Chell said CCS will not look to the city for funding for this facility. They are developing a capital campaign strategy and will be working with some local grant writers to approach foundations with which they already have a relationship. Statton said it was important to target affordable housing programs for people working in the community. Mary Ellen Che11 agreed and said that their policy should be fine- tuned to target Cupertino residents and employees as well as seniors. Bumett discussed the possibility of reducing housing costs for people who do not need parking spaces. This may create an option of more units or more landscaping. 17&ruary 1, 1000 Cupertino City Council Page 11 -- Ms. Lydia Tan with Bridge Housing Corporation said they expect thc project to cost around $4 million dollars. They will apply to the county CDBG program and the county home program. The city will provide $1.5 million, and there is a shortfall of about $1.3 million, of which some can be hard debt. The gap would probably be $1.3 million at the highest or $200,000 dollars at the lowest, depending on land cost and how much CCS can borrow. lames said that the city really wants to do something with affordable housing, and there is very little risk because they are merely setting aside money to help CCS market the project. James moved to adopt the Cupertino Housing Committee recommendation that the city council loan Cupertino Community Services and Bridge Housing Corporation $1.6 million from the city's Affordable Housing Fund. These funds shall be used for site identification, development, and construction. However, only $500,000 shall be used for predevelopment activities during 1999. Furthe,uore, as much CDBG funds as possible shall be utilized for the loan with the remainder coming fi~m the BMR in-lieu portion of the Affordable Housing Fund. Statton seconded and the motion carried 5-0. ORDINANCES -- 20. Second reading and enactment of Ordinance No. 1806, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition Along Certain Streets, East Side of De Anza Boulevard From the Northerly City Limits to Bollinger Road." The City Clerk read the title of the ordinance. Bumett moved and Statton seconded to read the ordinance by title only, and that thc City Clerk's reading would constitute thc second reading thereof. Motion carried 5-0. Bumett moved and Statton seconded to enact Ordinance No. 1806 Motion carried 5-0. 21. Second reading and enactment of Ordinance No. 1807, "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.08.096 to the City's Ordinance Code Adopting a Process for Reconsideration." The City Clerk read the title of the ordinance. Bumett moved and Statton seconded to read the ordinance by tire only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Bumett moved and Statton seconded to enact Ordinance No. 1807 Motion carried 5-0. Fel~ruar~ 1, 1/)00 ~]upertlno City Council Page 12 STAFF REPORTS 22. Adoption of the Annual Investment Policy. The Administrative Services Director reviewed the annual/nvestment policy and said the only change is noted on page 22, where wording was added to/ndicate that the city will maintain adequate cash to pay obligations over the next six months. The policy still puts safety first, liquidity second, and rate of return third. Bumett moved to adopt the Annual Investment Policy as presented by staff. James seconded and the motion carried 5-0. 23. The Deputy City Attorney distributed copies of a notice regarding a public hearing before LAFCO, asking that they be indemnified from CEQA litigation. Council concurred to author/ze the preparation of a letter of opposition to this proposal. COUNCIL REPORTS Bumett said he attended the Cities Association meeting last Thursday. It appears that the governor and the legislature are committed to getting secure financing for cities. He also attended a League of Women Voters meeting about housing in California. California must -- build 300,000 units a year for the next 20 years to meet the anticipated needs Council members congratulated the mayor on his State of the City address. Chang said he was interviewed by Channel 11 last week, and they seemed very impressed with Cupertino's community-building efforts. CLOSED SESSION ADJOURNMENT At 10:35 p.m. the meeting was adjourned.