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CC 10-02-00 APPROVED MINUTEfi CUPERTINO CITY COUNCIL Regular M~ Monday, ~b~ 2, 2~ PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers and led the Pledge of Allegiauce. ROLL CALL City Council members present: Mayor John Statton, Vice-Mayor Sandra James, aud Council members Don Burnett, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Public Infoimation Officer Donna Krey; Acting Public Works Director Lavenia Millar, Planner I Peter Gilli, and Deputy City Clerk Roberts Wolfe. WRITTEN COMMUNICATIONS CEREMONIAL MATTERS - PRESENTATIONS 1. Introduction of Ralph Quails, Public Works Director. City Manager David Knapp introduced Ralph Quails who will start work October 16 as the new Public Works Director. Mr. Quails, a 15-year resident of Cupertino, comes from the City of San Jose where he served as Public Works Director. 2. Presentation of "2000 California Crime Prevention Public Agency of the Year Award" to Santa Clara County Sheriff's Department honoring Sgt. Nick Pernsina and Deputy Noah Brommeland for development of school information software. Capt. Jeff Miles introduced Sgt. Perusina and Deputy Brommeland who demonstrated the software. The program deals with the development of tactical site surveys of all the schools in their jurisdiction, and includes personnel infonaation, alarm company information, aerial photographs, maps, photographs, and other info~-tation that could be used during a critical incident. Mayor Statton presented the two officers with a certificate and award. POSTPONEMENTS - None. October 2, 2000 ~age 2 VVRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Gordon Frolich, 1202 Belknap Court, said he lives in the Regnart School area and thanked the department of public works for the sidewalk replacement being done in the area. Sharen Guerra, 10858 E. Estates Drive, said she had been working with Bumett on the Flood Control Advisory Committee and had fom~ed an intea'agency task force so the neighbors can stay involved in the process. She said she would like to rejuvenate that committee. They had found money to build the culvert and the bridge. That project is scheduled to start in the spring. There is confusion about who is doing the environmental review, and in order to keep the process going, she suggested that someone from the county coordinate the project. Staff will meet with Ms. Guerra to answer questions. (Note: Ms. Guerra actually spoke later in the meeting following the conclusion of Item 123 CONSENT CALENDAR Carol Baker, a member of the audience, rvmoved Item 6 from the Consent Lowenthal moved to approve the consent calendar, Items 3-11, with the exception of Item 6. James seconded and the motion passed 5-0. 3. Accounts payable: September 15 and September 22, Resolutions 00-244 and 00- 245. 4. Payroll: September 15, Resolution 00-246. 5. Reorganizations: (a) "San Femando Avenue 00-09" - Setting date for consideration of reorganization of property located on the north side of San Femando Avenue between Byme Avenue and Orange Avenue; appwximately .1704 acre, Gu and Zhang (APN 357-15-046), Resolution No. 00-247 Co) "Orange Avenue 00-10" - Setting date for consideration of reorganization of property located on the east side of Orange Avenue between Alcazar Avenue and Noonan Court; appwximately .22 acre, Ma and Peng (APN 357-19-005), Resolution 00-248 7. Acceptance of street improvements: 21621 Stevens Creek Boulevard, APN 326- 25-014, Nelson Chao. (Documentation not required.) October 2, 2000 a=e 8. Approve contract change order No. 1, Slurry Seal, Project 2000-102, Resolution 00-250. 9. Acceptance of city project perfo~,ued under contract: Slurry Seal Proj~t 2000- 102 (Documentation not required). 10. Public nuisance abatement: Set public hearing to consider abating a public nuisance (overgrown weeds creating a fire hazard, and a large accumulation of garbage and refuse discarded on the property) at 10200 Stern Avenue (APN 375- 12-002, Patrick McC-rath, pwperty owner), Resolution 00-25 I. 11. Treasurer's Budget Report - August 2000. Vote Meaibers of the City Council AYES: Burnett, Chang, Lowenthal, Statton NOES: None ABSENT: James ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Approve the destruction of Parks and Recreation and City Clerk records, Resolution 00-249. Carol Baker asked that the Parks and Recreation records listed for destruction on the resolution be retained if they included infomsation about the architect's statement about drainage at Wilson Park, supervision at Wilson Park, the building at the park that was supposed to be a community building and is now used as a storeroom for maintenance, and the play structures that were removed and not replaced. Deputy City Clerk Wolfe explained that the records listed did not include those Ms. Baker mentioned and were being-destroyed in accordance with the city's records retention plan. James moved to adopt Resolution No. 00-249 and to direct staff to review the listed files to make sure none of the ones Ms. Baker mentioned were included. Bumett seconded and the motion passed 5-0. PUBLIC HEARINGS 12. Fairgrove Neighborhood- Appl/cations 3-Z-00 and 6-EA-00, rezoning from R1-6 zone to R1-6e zone for the purpose of architectural control of Eichler homes; and amending Chapter 19.28 of the Cupertino Municipal Code to add design standards for Eichler styled homes. The pwject is located in the Fairgrove Neighborhood, generally bounded by Miller Avenue, Phil Lane, Tantau Avenue, and Bollinger Road (APNs 375-38-001 through 375-38-055; 375-39-001 through 374-39-060; 0¢tol er 2, 2000 Page 375-40-001 through 375-40-037; 375-41-001 through 375-41-005; 375=41-018 through 375-41-034; and 375-42-001 through 375-42-052). A Negative Declaration is recommended, and this item is recommended for approval. (a) First reading of Ordinance 1860, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.28 of the Cupertino Municipal Code to Incorporate Eichler Development Regulations." (b) First reatl_ing of Ordinance 1861, "An Ordinance of the City Council of the City of Cupertino Approving a Change of Zoning fix)m R1-6 to R1-6e for Approximately 220 Properties Bordered by Bollinger Road, Tantau Avenue, Miller Avenue, and Phil Lane as Described in Exhibits A and B." (Three-month continuance requested by Fairgrove Neighborhood Freedom Committee.) Burner left the dais and abstained from the council discussion and action. Following a video roll in, Community Deveiopment Director Piasecki outlined the standards in Section 19.28.100.B of Ordinance 1860. He reviewed the proposed standards and introduced an added No. 7 regulating the height of exterior walls. He noted that there is a provision allowing for exceptions to the standards. He talked about the request for continuance and suggested they proceed with the ordinance but indicate that staff is willing to meet with those who don't understand it. If anyone wants to bring back substantial evidence or concerns that have not been considered, council could always reopen the ordinance. Arlene Strasilla, 902 Brookgrove Lane, said she had watched the last Planning Commission meeting on video tape. At that meeting, a woman tn!iced about how this had suddenly came to her attention. She said there had been lots of opportunity during the last four years for people to find out and provide input. She said there have been a lot of newcomers and they do not understand what Eichler architecture is. She talked about Eichler's innovations. She said she would suggest even stronger language than that pwposed. She thought they should be on the National Register of Preservation because they are a unique neighborhood and it is a unique style. Udo Strasilla, 902 Brookgrove Lane, said they came from Boston 25 years ago and bought an Eichler. He described returning from vacation to find a two story house with decks and floor-to-ceiling windows overlooking his back yard. He said there needs to be regulation. Gary Virshup, Stendhal Lane, said he was drawn by the design and uniqueness of the Eichlers. He was concerned when he saw large houses being built in Rancho _. Rinconada. He did not believe the earlier privacy measures would equate to October 2, 2000 Page Eichler houses. He was in support of the ordioance even though it was pared down. Mary Kirby, 915 Femgrove Drive, member of the Eiehler Integrity Committee, said she hoped council would approve the ordinance. She talked about efforts to get thc neighborhood involved. She was concerned that if restrictions are not in place soon, they will be seeing lot of change in the neighborhood. She said they chose tiffs neighborhood because of the Eichler homes. Steven Wolgast, 747 Stendhal Lane, said he was originally uncomfortable with restrictions but was more comfortable with the cun'ent pwposal. In his opinion, there was something in it for everyone. He did not think the enhanced privacy restrictions were too burdensome and said people could still basicaily build the same size house. He felt this was a good opportunity for those who want to remodel or enlarge a house and still maintain neighborhood character. Anil Deora, 672 Stendhal Lane, was opposed to the restriction, and refm~xl to a letter that he had sent to the council. He showed an Eichler brochure with a picture of an Eichler with a roof flint he said would not conform with the proposed guidelines. He said weather conditions have changed, and some materials may not be available in a f~w years. He said the standards of the ordinance do not address privacy which seems to be the concern of a lot of the speakers. He questioned the interpretation of the ordinance and said he hoped council would reject it or g/ye them more time. Hehnut Jaki, 874 Brookgrove Lane, said he was intrigued by the design and lines of Eichler homes. However, he believed the existing R1 ordinance, through a comprehensive design review process, adequately safeguards against intrusion of so-called monster homes and designs which are incompatible with the general neighborhood. He said everyone has a right to privacy and this is not unique to those who live in Eichlers. He pointed out a portion of the questionnaire that he thought was misleading and asked if we need more rules and regulations. He requested denial of the proposed amendment. Don Burnett, 729 Stendhal Lane, summarized the process. He said there had been lot of work and compromise which would work for the benefit of everyone in the neighborhood. He pointed out that the same rules apply regarding floor area ratios, and there are no fight material restrictions. Hc described how he had been able to keep his house comfortable without mechanical air conditioning during the recent hot weather. He said privacy is important and suggested modifying the wall height limitation to only apply to side walls. He said there are other Eichlers that are different from those in this neighborhood; these rules are designed for this neighborhood. _ Marcia Ludwig, 6247 Shadygrove Drive, said she had lived in her Eichler for 30 years. She ebose to live here because she had seen Eichle~s and wanted to live in October 2, 2000 Page one. She had been fairly involved in the process. She said if people had not · known what was going on she was afl'aid they might have signed the petition because they were frightened by misrepresentations in the petition. She urged support of the ordinance. Deborah Donde, 733 Stendhal Lane, said she was n~presenting 44 other families in the neighborhood who are opposed. She passed a petition to council. She said the signers feel disenfranchised. Their main opposition is the totally unacceptable idea of a small group having control of their property rights and that the survey did not indicate that mandatory measures would take place in thc future. She said she had collected signatures in the past week and had covered about 40 percent of the neighborhood, approximately 85 homes. Of those, 45 signed the petition opposing the ordinance (53 percent); 33 households favored the rezonlng (39 percent); six homes (6 percent) were rentals and they did not vote; and one house was for sale (1 percent). She felt that if they had more time, those who opposed the rezoning would remain in the majority. She requested that the council vote against the rezoning or ~rant them more time to survey the remainder of the neighborhood. She asked that they remember that the purpose of government is not to impose laws which go counter to the majority of the populace or are only to the interest of a vocal minority. She said the rezoning process has divided the residents. Arik Donde, 733 Stendhal Lane, said it seemed that everyone agreed that they like Eichler houses. The point was freedom to do what he wanted with his property without infringing on others. He said he would like the definition of "monster house" and asked council to reject the proposal on the basis that there are plenty of laws and regulations. Claudia Falk, 884 Femgrove Drive, said she lived in an Eichler in Sunnyvale before moving to the Fairgrove neighborhood. She was in favor of the ordinance. Regarding the loss of property rights, she said when you live in a community you have to give up some rights. She said she was in favor of the restrictions and felt they would still allow people to make changes without affecting others' rights. Theodore Lavine, 706 Stendhal Lane, said he owned a wedge-shaped property. He expressed support for the ordinance. He said the existing RI ordinance does involve giving up freedom in exchange for the benefits of community and protecting your homes. He said Eichlers do need more privacy protection because of the extensive glass areas. He said he had modified his home and kept the renovation looking like the ori~nal. He asked that council deal with the ordinance at this meeting because as time goes by the neighborhood is in peril. Nancy Bumett, 729 Stendhal Lane, said the ordinance is a four-year compromise. She described the process, which included numerous meetings. She talked about the restrictions that were dropped including siding on garage doors to match the house, plain simple front doors, color limitations, hip roof prohibition, increased October 2, 2000 rear setback requirements for second stories, and window design specifications. She said privacy is the main issue. The present R1 ordinance deals only with foliage control, and Eichlers need more protection because there is more glass. Piasecki said the survey in June was sent back to the city. It had been sent out to the residents in Fairgrove with a letter explaining the different options being considered and that this would potentially be put into an ordinance. He said that in addition to the privacy requirements in the R1 ordinance which primarily talks about alignment of windows for privacy protection, there would be the added window requirements for louvers, obscure glass, or a minimum sill height of five feet. By consensus, council members agreed that there had been many opportunities for people to become aware of and involved in the process, and that the neighborhood deserved protection because it was unique and distinctive because of its architecture. Staff will meet with those who still have concerns about the ordinance, address those concerns, and bring them back to council if necessary. Lowenthai moved to grant a negative declaration. James seconded and the motion passed 5-0. Lowenthai moved to approve an amendment to the Cupertino Mtmicipal Code per Planning Commission Resolution 6056, with the ordinance amended to add No. 7 under Section 19.28.100.B to read, "Exterior wails located adjacent to side yards shall not exceed nine feet in height measured from the top of the floor to the top of the wall plate." Chang seconded and the motion passed 5-0. The Deputy City Clerk read Ordinance 1860 by rifle. Lowenthal moved to read the ordinance by title only and the Deputy City Clerk's reading to constitute the first reading thereof. James seconded and the motion passed 5-0. The Deputy City Clerk read Ordinance 1861 by title. Lowenthal moved to read thc ordinance by rifle only and the Deputy City Clerk's reading to constitute thc first reading thereof. James seconded and thc morion passed 5-0. Bumett returned to the dais. There was a recess fi~m 8:16-8:25 p.m. (Note: Sharen Guerra spoke here regarding Caiabazas Creek. See under Oral _ Communications.) October 2, 2000 13. Pirm Brothers, applications 13-U-00, 7-EXC-00, and 15-EA-00, request for a use p~iiiit to demolish a 19,105 square foot shopping center and construct a mixed- use development consisting of 5,355 square feet of retail, 5,949 square feet of office, and 46 condominJum/townhome units; and an exception to the Heart of the City Specific Plan allowing a 15 foot side setback where a 20 foot setback is required. The project is located at i9979-19999 Stevens Creek Boulevard (APN 316-21-029). A Negative Declaration is recommended and this item is recommended for approval. Peter Gilli introduced the item. He said the Planning Commission favored a higher parking standard than the one used by staff during the review of the project. A~er research regarding parking requirements in neighboring cities and similar projects, staff continued to believe that the proposed on-site parking coupled with the proposed on-street parking is sufficient to serve the development. He said staff's recommendation now included an amendment of condition 12 of Planning Commission Resolution 6053 to require a shared parking agreement if parking becomes a problem in the future instead of requiring it at this time. Lowenthal was concerned about negotiating for a reciprocal parking agreement later. Piasecki said the wording could be changed to say that they would develop a parking management plan that would ensure that the parking works within the available parking. This might include restrictions on uses. Gilli said the fact that the retail component will require parking in the eyeing is accounted for the in the recommendation. He showed a chart depicting parking demand for weekdays. Piasecki said this parking proposal is fairly conservative and staff is comfortable with it. Council could apply a condition stating that if it does not work, the parking management plan would be revisited. Grcg Pinn, Pinn Brothers, talked about parking and noted that the office and retail use is primarily daytime. He said these will be affordable units. Jim Yee, Dshlen Group, showed the site as it is currently. He showed a site plan including pedestrian circulation, access and egress, landscaped courtyards, individual front yards with low fences, and talked about the common room for residents. The presentation also showed detail of walkways including fountains and benches, central courtyards, second levei terraces including Internet access, and third level sun terraces. He showed elevations of the condominiums and office and the elevation facing Wheaten which was reduced to two stories. He said they would consider using interlocking pavers for the inner courtyard. He pointed out that the setbacks on Stevens Creek Boulevard were 35 feet to the curb and on Blaney, 23 feet. Gilli noted that the landscaping showed was concep~.~__sl and that the final detail of the plan would go to the design ~view committee. He pointed out conditions of October 2, 2000 Page approval that addressed a construction management plan. He said Blaney is wide enough to allow for on-street parking on one side. Mr. Yee said signage will be on the buildings. John Callahan, 19954 Wheaten Drive, complimented Pinn Brothen. He expressed concerns about traffic. Felicia Thompson, 19964 Wheaten Drive, thanked Pirm Bros. and said she supported the project. She said parking was her only concern. Piasecki addressed traffic concerns, stating that the city has been requiring reciprocal ingress/egress agreements between property owners to minimi:,e the necessity for getting back out into the public street systez~i to move from one site to another. He pointed out that there was ample access to the office development to the east. He said staff thought the applicant had done a good job of integrating with the neighbor to east and providing the most possible options to get people out to Stevens Creek Boulevard. Mr. Pinn spoke to the parking issue, noting that they are in negotiations with the owner of the office building next door. He could see no problem with them agreeing to reciprocal ingress and egress. He said the homeowners association would be working on parking. Pinn Bros. will own and operate the center. Council members expressed approval of elements of the project including the application process, the mix of commercial retail and housing and the transit oriented design. They asked that staff make sure there is a plan for the traffic and parking, especially around the school, and that there is adequate landscaping. G-illi noted that there were 25 bike parking spaces in the garage. He also recommended that condition 12 of Resolution 6053 be deleted, because condition 6 addressed the parking management plan. James moved to grant a negative declaration. Bumett seconded and the motion passed 5-0. James moved to approve Application 13-U-00 per Planning Commission Resolution 6053 emended to delete condition 12 and add section d to condition 22 stating that non-impenrions surfaces be used to the maximum extent possible in the landscaping and paving. Chang seconded and the motion passed 5-0. James moved to approve Application 7-EXC-00 per Planning Commission Resolution 6054. Bumett seconded and the motion passed 5-0. Statton moved the agenda to Item 17. Oefober 2, 2000 Page 10 17. Review of guidelines for Sister/Friendship City partnerships. Public Infomiation Officer Krey reviewed the report. Lucille Houig, 20745 gcofield Drive, President of the Toyokawa Sister City Committee, thanked staff for preparing the guidelines. She said it takes dedication to do this. She was proud that they have raised money through the Cherry Blossom Festival. She said they work closely with the school distr/ct, the Parks and Recreation and Public Works Departments, and Donna Krey. Council members thanked the committee and staff. James said she had attended two sister city functions recently. A delegation of Toyokawa students visited the city, and a reception for educators from Tsinchu City was held at the high school district. James moved to accept the report, Global AJ~iliations: Proposed Policies and Guidelines on Sister/Friendship Cities for the City of Cupertino, and approve the guidelines found within the report. Burnett seconded and the motion passed 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS 14. Cupertino City Center Hotel Project. (a) Request from Kimpton Hotel and Restaurant Group for partial Transient Occupancy Tax (TOT) refund for the Cupertino City Center Hotel Project (b) Minute Order authorizing staff to prepare an urgency ordinance establishing a moratorium on the development of the City Center Project (c) Abandoning Call Avenue, Resolution 00252 (d) Accepting security for the vacation of Call Avenue roadway easement in the amount of $146,315.00, Resolution 00-253 City Manager Knapp outlined staff recommendations, noting that Kimpton had withdrawn the request for TOT refund. He described thc three options council could consider for tying the apartment and hotel projects together. Jim Whelan, K/mpton Hotel and Restaurant Group, Inc., confirmed that they had withdrawn their request. He said they are committed to going forward with the hotel. Their equity investors have ~e:viewed the conditions of approval from last June and have committed to going forward. He said there are three steps to making the hotel a reality: 1. Acquiring land. 2. Getting a building permit. 3. Commencing construction. He was concerned that even an apparently well- intentioned modification to the existing approved conditions could have unintended consequences. October 2, 2000 Page Piasecki said the land is zoned as a planned development district and is part o£the overall city center zoning. Thc city would have contwl over thc usc of thc land if this project was not built and another application was submitted. Council m¢iiibers agreed that they should go with recommendation 1 and go back to what had been agreed to. They also made it clear that it had always been their intention that the projects be linked. Burner moved to accept option 1 in the staff report, rely on the assurances from Prometheus and Kimpton Hotels that the two developments will be constructed within a reasonable time period of each other. If the apartments are constructed and the hotel has not commenced construction within one year, then the city will retain the $I million surety plus interest, per the existing condition of approval. James seconded and the motion passed 4-1 with Chang voting no. Kilian said they had received a letter from Prometheus indicating that $146,315 would be posted by cash or bond prior to the recordation of the resolution of abandonment. That proposal was acceptable to him. James moved to adopt Resolution 00-252. Chang seconded and the motion passed 5-0. Lowenthal moved to adopt Resolution 00-253. James seconded and the motion passed $-0. NEW BUSINESS 15. Year-end budget adjuatment for 1999-00. Administrative Services Director Atwood presented the staff report. James moved to increase the fund balance projections of $3,830,477 due to additional revenues received from sales tax, vehicle in Hen and interest income. Lowenthal seconded and the motion passed 5-0. 16. Appointment of council member to IPA for animal control. Lowenthal volunteered to serve on thc IPA board of directors for thc Silicon Valley Animal Control Authority. Statton will be thc alternate. 17. Review of guidelines for Sister/Friendship City partnerships. Action was taken on this ire,,, following Itca~ 13. 18. Selection of date for swearing in ceremony of new mayor and vice mayor. October 2, 3.000 12 Deputy City Clerk Wolfe reported that staff recommended having the meeting on either November 14 or 15. By consensus, council set Tuesday, November 14 at 6:00 p.m., as the date and time for electing and swearing in the new mayor and vice mayor. The mayor moved the agenda to Item 20. ORDINANCES 20. Second reading and enactment of Ordinance No. 1856, "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code, Relating to the Designation of Bicycle Lanes, Stevens Creek Boulevard from the East City Limit to the West City Limit." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's read/ng constitute the second reading thereof. Lowenthal seconded and the motion passed 5-0. Bumett moved to enact Ordinance No. 1856. Lowenthal seconded and the motion passed 5-0. ~ 21. Second reading and enactment of Or(l_ inallce No. 1857, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Relating to Parking Prohibition and Section 11.24.170, Relating to Parking Limitation On Certain Streets, Stevens Cr~k Boulevard from the East City Limits to the West City Limits." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's Bumett constitute the second reading thereof, lames'seconded and the motion passed 5-0. Bumett moved to enact Ordinance No. 1857. Lowenthal seconded and the motion passed 5-0. 22. Second reading and enactment of Ordinance No. 1859, "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24 of the Cupertino Municipal Code, Section 11.24.150, Relating to Parking Prohibition for Trucks Over 5 Tons." The Deputy City Clerk read the title of the ordinance. Bumett moved to read the ordinance by title only and that the Deputy City Clerk's reading constitute the second reading thereof. Lowenthal seconded and the motion passed 5-0. Bumett moved to enact Ordinance No. 1859. Lowenthai seconded and the motion passed 5-0. October 2, 2000 19. Purchase of property located at 10346 Scenic Boulevard. The city attorney announced that council would consider this matter in closed session per Government Code Section 54956.8, negotiations for purchase, sale, exchange, or lease of real pwperty. At 9:58 p.m., council adjourned to a closed session in conference mom A. Council reconvened in council chamber at 10:03 p.m. (a) Authorizing Mayor to execute purchase of the interest of Donald Brown in property located at 10346 Scenic Boulevard in the City of Cupertino, Resolution 00-254 James moved to adopt Resolution 00-254. Lowenthal seconded and the motion passed 5-0. (b) Accepting deed to real property located at 10346 Scenic Boulevard in the City of Cupertino (Government Code Section 27281), Resolution No. 00- 255 Lowenthal moved to adopt Resolution 00255. Same~ seconded and the motion passed 5-0. STAFF REPORTS - None. COUNCIL REPORTS - None. ADJOURNMENT At 10:05 p.m., the meeting was adjourned. ," l~epuvy ~;iuy Clerk ~-