Loading...
CC 05-03-93 CITY OF CUPERTINO, STATE OF CALIFORNIA CC-858 10300 TORRE AVENUE, CUPERTINO, CA 95014 TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR CITY COUNCIL MEETING, HELD ON MAY 3, 1993, COUNCIL CHAMBER, CITY HALL, 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA The meeting was called to order by Mayor Szabo at 6:45 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Counc. Present: Dean, Goldman, Koppel, Sorensen, Szabo Staff Present: City Manager Brown City Clerk Cornelius Director of Public Works Viskovich Director of Community Development Cowan Director of Finance Snyder Director of Parks and Recreation Dowling Assistant to the City Manager Brown Public Information Officer Krey City Attorney Kilian CEREMONIAL MATTERS - PRESENTATIONS - None. POSTPONEMENTS - None. ORAL COMMUNICATIONS Elle Arnot, 1116 Elmsford Drive, addressed Council regarding the Children's Museum of Art and Imagination, the goal of which is to preserve and promote creativity in art in young people. She is currently doing a site analysis for location of the museum and had not considered Cupertino until reading about the possibility of a downtown area. She felt the museum could be a centerpiece for a Cupertino downtown. She submitted a letter and information to Council. Lonnie Toensfeldt, 21640 Fitzgerald Drive, addressed Council regarding McClellan Ranch. She expressed concern regarding something that has happened at the ranch without following process. The matter of concern is the City's new compost program. Also, bees that have been in the barn for years, have either been killed or moved. The MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) naturalist at the ranch did not know. Also, an herbicide has been used at the ranch. She believes that is prohibited. Apparently, there has been a lack of communication. No notice of these things were given to the public. Perhaps, it should be agendized or, in some manner, addressed. Counc. Goldman and Dean asked what had occurred. Director of Public Works Viskovich said as part of the recycling program, the City will have yard waste as compost. This will be available for people to pick up at McClellan Ranch. It was necessary to make some access and parking lot changes. The compost will be kept near the barn; however, this program could be delayed until Council takes some action if they choose to do so. Public Works crews removed the bees. They felt it was a hazard. There was a notice of bee stings. The crews will not do this again and it is expected that the bees will come back. In regard to use of herbicides on weeds, the crews are short-handed and used the usual methods for removal. Some of the maintenance was not done according to policy. Director of Parks and Recreation Dowling addressed Council regarding the process. He stated there was not an opportunity for public input. It was an error in judgment. This should go to the McClellan Park Master Plan Committee and then to the Parks and Recreation Commission. However, staff focused on the May 1 deadline. The real question seems to be, is the compost site appropriate at that location? At the Thursday Parks and Recreation Commission meeting, there is a McClellan Ranch item on the agenda. We could take public input at that time and then come back to Council. Ralph Eddy, 10200 Stonydale, master gardener with University of California, said that he has a project there. The main complaint is that interested parties were not brought into the loop. He objected to a major compost pickup at that location and stated the area is not large enough. Charles Liggett, 22415 Palm Avenue, expressed concern regarding contamination. He has not seen a study of the content of the compost and was concerned it could contain pyracantha, crab grass seeds, etc. He wants to see that it is not a problem before compost is located there. He suggested the compost program be moved to the city yard. McClellan Ranch is a nature garden and compost would never be used there. Marianna Tubman, 22560 Alcalde Road, who also has a garden in McClellan Ranch, said she was pleased to see work on the parking lot. She was, however, concerned regarding the use of herbicide. Originally, gardeners had been told it was up to them to take care of weeds. She had heard a different story about the bees, which makes her wonder about the whole process. She stated that the gravel placed and the grass cut in the nature preserve is an eyesore and the compost is not located next to the barn. Louise Levy, 10802 Wilkinson, said she is teaching children to appreciate local natural history and the history of McClellan Ranch. She understood it was to be strictly organic gardening and the rest was to be a natural preserve. That ranch is unique. 2 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) Roxanne Beverstein, 1061 November Drive, also an organic gardener and master gardener at McClellan Ranch, said she has a research project there for University of California. She gives classes on organic gardening. She feels the ranch is not an appropriate place for compost. Ralph Riddle, 1061 November Drive, a master gardener with UC Extension and organic gardener at McClellan Ranch, said the Public Works changes have made an impact on some of the natural state of the ranch. The pine tree in the parking lot has been damaged where protection was removed. An elderberry tree was removed because Public Works said it was dying. Experts and volunteers could have been involved in the process before such a drastic act was taken. Researchers at UC Davis have been studying the bees in the barn for three years. They were not told bees were killed. There needs to be an improvement in communication and involvement. Dean Skeels, a member of the committee charged with preparing a master plan for McClellan Ranch, expressed concern the committee was not notified about these acts. He, too, urged an improvement in communication and following the process. Catherine Sleight, 11074 La Paloma Drive, and also a member of the committee, addressed the uniqueness of the park. This means a method of care will also have to be unique. There should not be children in the barn; it is not open for playing. Mr. Dowling stated that it is kept locked, but apparently, some bees got out. Howard Johnson, 22560 Alcalde Road, thanked Council for saving the hillsides. He also thanked Mr. Dowling and Mr. Viskovich for inviting him to City Hall to look for solutions in this matter. He stated that because of the incident, he has read several books about bees and they have great communication. Ronald Moore, who wished to address Council regarding the city center, was informed that item was later on the agenda and he would have an opportunity to speak at that time. Counc. Sorensen read a statement into the record regarding Catherine Gasich. CONSENT CALENDAR Director of Public Works Viskovich said that Item No. 11 has been removed from the agenda. It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to approve the balance of the Consent Calendar as submitted. 1. Resolution No. 8866: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending April 16, 1993." 3 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) 2. Resolution No. 8867: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending April 23, 1993. 3. Resolution No. 8868: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending April 18, 1993." 4. Approval of minutes of the regular meeting of April 6, 1993 (CC-856). 5. Approval of minutes of the special meeting of April 10, 1993 (CC-856A). 6. Approval of minutes of the regular meeting of April 19, 1993 (CC-857). 7. Application 23-U-90 - Landmark Development/Larry Guy - Request for an extension of a use permit for one year for an eight unit semidetached townhome development. Recommended for approval. 8. Resolution No. 8869: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights from Anthony R. Proni and Rebecca A. Proni, Hermosa Avenue, APN 3357-16-050." 9. Resolution No. 8870: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Anthony R. Proni and Rebecca A. Proni, Consisting of Approximately 0.006 Acres, Located Hermosa Avenue." 10. Request for appropriation of $3,000 from the general fund to apply toward codification of the zoning ordinance. 11. Previously removed from the Consent Calendar. 12. Request from Cupertino Host Lions Club for waiver of fees for two events to be held at Blackberry Farm. Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None. 4 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) PUBLIC HEARINGS 13. Appeals of Planning Commission approval of Application No. 1-TM-93 - R & Z Development Company - Tentative map to subdivide a lot at the northerly terminus of Adriana Avenue into two parcels; Chris Dunn, Tamara Logan and Steven Ekovich, appellants. Director of Community Development Cowan reviewed the application, appeals, and Planning Commission action with Council. City Attorney Kilian said that the existing residence is being demolished. He requested clarification that the applicant understands, therefore, that two park dedication fees will be required as there will be two lots. Mr. Cowan stated that the applicant does understand that. The City Attorney then pointed out the findings that would be necessary in order to deny the application. Mark Roberts of R & Z Development Company, said the current plans keep the proposed homes away from adjacent residences. There will be screening from existing homes and there will be a reduced amount of paving. He has adjusted and redesigned the houses based on neighbors' input. The homes can be designed to be favorable to neighbors. A variance is required because of the narrow configuration in front of the lot. He is willing to work with the staff and neighbors regarding location of the houses. In answer to a question from Counc. Goldman, he stated that he would be willing to submit his design to the public review process. He passed drawings of the proposed subdivision to Council. Chris Dunn, appellant, expressed concern that the new residences would be big and beyond the scale of the existing neighborhood. He did like what has been done to address the neighborhood's concerns. However, there was still some concern regarding the setbacks. The blueprint shows 3300 sq. ft. houses. He felt it would not look right. Mr. Dunn said the reason for the appeal was to stop the development. However, if the subdivision is granted, he will participate in any review process. Mr. Cowan clarified that if the subdivision is approved, at 5:00 p.m. tomorrow, he is conducting a hearing regarding the variance. The question is how the variance will affect the design. City Attorney Kilian stated he believes that the Director of Community Development's hearing must be limited to the variance issue. There is no procedure in place for a public design review in this matter. Counc. Goldman said he would like a process in place in the future. Could it be done if the applicant voluntarily says he will do it? 5 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) The City Attorney said the difficulty here is knowing what would be appropriate if there are no guidelines. Counc. Goldman suggested guidelines relating to the relationship to existing structure, overall impact on the character of the immediate neighborhood, issues of privacy and compatibility with existing uses. City Attorney Kilian stated those were excellent guidelines, but they are not in place. Counc. Goldman felt the issues are design, location. and how intrusive the homes would be on the existing neighborhood. The applicant is willing to work with the neighbors to achieve satisfactory design and if the neighbors are willing, Council should facilitate the process as quickly as possible. Mr. Kilian said his concern is that the process is not in place. He has no problem with developing a procedure, but that will open the issue of design review for subdivision. Counc. Koppel said that if a design review is to be done, she wants to wait until the policy is in place and then it will apply to everyone. Chris Dunn said once the subdivision is approved, it's too late to go back and change. Mr. Kilian replied that after the tentative map is approved, the applicant has a right to a final map if the conditions have been fulfilled. The building permit is a ministerial act. Action must be taken within a certain time frame or the map is deemed approved. Steve Ekovich, appellant, expressed concern regarding the possibility of massive, hulking structures next to his back yard. Other issues are noise, lack of privacy, and intrusive lights. He bought in the Monta Vista area because of the conformity of the neighborhood. Most homes are 1200-1300 sq. ft. He has a problem with a 3500 sq. ft. house in the area. The developer knew the lot was irregular and he took a gamble. This is his privacy and his bundle of rights. He stated he has no problem with a one-story house. The possibility of a two-story house is the biggest issue to him. Counc. Dean's major concern was the formation of a flag lot. Mr. Ekovich said he realizes that the property owner has rights. He suggested one two- story or two single stories. Mr. Dunn said he does not like the subdivision at all. There is a lack of control over building after that. Bruce Wenniger reviewed a letter previously submitted in this matter. He felt the quality of life is declining in Cupertino. There are freeways and development. He believes about 10 people pooled their money to buy and develop this property. He urged Council to 6 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) deny Application 1-TM-93 and to allow only one single-story house the same size as the existing one. If two homes are built, they each should be one story. If two are built at two stories, there should be no windows looking down on other properties. It should be verified that there is room for ingress and egress of public safety vehicles. Bill Niegel has seen monolithic buildings. He does not want two more. He asked what Central Fire Protection District has said in regard to the safety issue. Eric Stouffer expressed concern regarding property adjacent to the one under discussion and the potential of more development there. Mayor Szabo stated that limiting buildings to one story would take a rezoning. City Attorney Kilian said the decision must be made on the findings a-f listed in the material given to Council. He read the required findings into the record. (See Exhibit A attached.) Discussion followed regarding the number of feet of planned setbacks. Mr. Roberts stated that the proposed homes are being shifted away from the existing homes. It is his intent to work with the neighbors even if it is not a condition. He wants to put in nice homes. He cannot, however, spread out the footprint. He is not committing at this time to building one-story houses. If this is a requirement, the current residences should be limited too. There will be substantial landscaping along property lines. There being no further public input, the Mayor brought discussion to Council. Counc. Koppel pointed out that the applicant could have three houses, but is only asking for two. She felt that the developer could work with the neighbors. It was moved by Counc. Koppel and seconded by Mayor Szabo to deny the appeal. Counc. Goldman said that they do not have the tools to deal with special circumstances. He would like to condition the map subject to the process previously stated. He is against the motion. He would support the tentative map if it were scheduled for public review. City Attorney Kilian said such a condition could be added to the map. Counc. Goldman made this an amendment to the original motion. Counc. Sorensen seconded the amendment. Discussion followed regarding an ordinance for unusual shaped lots and unusual circumstances. Counc. Sorensen and Dean expressed dislike for the flag lots. Mayor Szabo said he felt that the tentative map did not meet the requirements set in a-f. He empathized with people who lose their view when building is done, but there is no ordinance to cover that issue. 7 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) City Manager Brown said he felt this could become a single lot design review process. Counc. Goldman said he did not want individual design review, but felt it was appropriate for flag lots and in unusual circumstances. The amendment was defeated with Counc. Dean, Koppel, and Mayor Szabo dissenting. The motion to approve the lots was defeated with Counc. Dean, Goldman, and Sorensen dissenting. Counc. Dean said that he would reconsider the vote if the applicant was able to work with the neighborhood and relieve their concerns. The City Attorney said the applicant would have to start again; however, Council could make this a tentative decision. It was moved by Counc. Dean, seconded by Counc. Koppel and passed unanimously to reconsider this application and appeal in two weeks. In the meantime, the applicant is to work with the neighbors. Any consideration of an ordinance setting up a process as mentioned during Council discussion will be held in abeyance until after approval of the General Plan. 14. Consideration of vacation of emergency vehicle easement and public utility easement, south end of San Fernando Avenue. (a) Resolution No. 8871: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of An Emergency Vehicle Access Easement and Public Utility Easement, South End of San Fernando Avenue, Pursuant to Section 50430 of the Government Code of the State of California." It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously to order vacation as per staff recommendation. It was moved by Counc. Koppel, seconded by Counc. Dean and passed unanimously to adopt the resolution. RECESS: 8:35-8:50 P.M. PLANNING APPLICATIONS 15. None. 8 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS 16. None. UNFINISHED BUSINESS 17. None. NEW BUSINESS 18. Report on vacancy on the Parks and Recreation Commission and request for direction. It was moved by Counc. Koppel, seconded by Counc. Sorensen and passed unanimously to leave the unexpired term vacant. 19. Consideration of an ordinance to amend Title 2, Administration and Personnel, of the Cupertino Municipal Code. (a) First reading of Ordinance No. 1623: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.48.020A and Rescinding Section 2.48.020F and Section 2.48.020G of the Cupertino Municipal Code, Department Organization." It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously to read Ordinance No. 1623 by title only and the City Clerk's reading to constitute the first reading thereof. 20. Request from Pizza Hut, Inc. for clarification regarding application of portions of the Cupertino Sign Ordinance to a wall mural at 19590 Stevens Creek Boulevard. No one representing Pizza Hut was present in Council Chamber. City Attorney Kilian told Council they could consider the request or continue it to another meeting. It was clarified that Pizza Hut and their attorney had received notice of this item being on the agenda. Therefore, Council decided to consider it at this time. Director of Community Development Cowan expressed the opinion that the large mural depicting a pizza, is a sign. He stated the mural and the neon sign are both an issue. Even under the proposed ordinance that Council will be considering, the mural would be a sign. Gordon Frolich, addressing Council as a member of the public, said he believes the pizza would be considered as a sign and not as a mural. The neon sign could be allowed; that could change with a new sign ordinance. It was moved by Counc. Sorensen and seconded by Counc. Koppel to determine that the mural is a sign and order abatement. 9 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) It was moved by Counc. Goldman and seconded by Counc. Dean to amend the motion that the mural would be allowed if the neon sign is removed. Mayor Szabo clarified that there is a possibility that the neon sign would be legal with the new ordinance. He would not make them remove the neon sign and approve the mural. The intent is to advertise. This is not allowed. The Mayor stated he was against the amendment and in support of staff recommendation. The amendment to the original motion was defeated with Counc. Koppel, Sorensen, and Mayor Szabo dissenting. The motion to determine the mural a sign and order abatement was approved with Counc. Dean dissenting. 21. Request for appropriation of $5,000 from the general fund to implement Step I of the planning process for "Heart of the City". Director of Community Development Cowan reviewed his recommendation for a design charette and described the process. He stated it would cost approximately $10-20,000. A detailed budget will be presented at a later time. Ronald Moore, graphic artist and resident of Cupertino, presented a drawing showing a possible design of a "Heart of the City". He appreciated Council opening the process to the people and expressed hope that something is done to make the design memorable. He then reviewed his concept. Herman Hijmans, representing the Chamber of Commerce, said it is important that the City makes a plan, as Stevens Creek Boulevard will change. The Palo Alto Chamber is pleased with their charette so far. Property owners should be involved as soon as possible. Ann Anger spoke in favor of getting the people involved in the beginning. She wants Cupertino to be made friendlier. Steven Haze felt the proposed approach is inclusive. It is wonderful for all to participate. John Volkman, owner of Stevens Creek Office Center, Good Earth, and other properties in the area, said it would look better to have a downtown. Perhaps the proposed length could be curtailed. He urged Council not to stray too far from benefits to the land owners. Lots of individuals and families own property; they need to benefit. Make this a community effort; don't just involve developers and land owners. Charles Newman, Lucky Oak Court, expressed concern regarding a protracted process and spending a lot of money. He is not an advocate of the Grand Boulevard. He, too, urged Council to condense the length of Grand Boulevard. Make it a short process and have the community move on. The bottom line is traffic and density. 10 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) There being no other public input, the discussion was brought to Council. Mr. Cowan clarified that the previously approved first step would not be implemented. The process would go directly to a design charette. Mayor Szabo expressed concern that final plans would not be realistic. He felt constraints needed to be incorporated at the beginning. Mr. Cowan replied that the General Plan sets the parameters. Property owners provide realism. Staff will be resource persons. Counc. Goldman said it could not be funded by the General Fund. Is the community willing to give up some traffic carrying capacity to have a community identity. He feels Council has given constraints via the General Plan and prefers that there not be further definition at this time. Counc. Dean feels that the people should have a vote on implementing. It was moved by Counc. Sorensen and seconded by Counc. Goldman to approve the design charette as per the staff report and direct staff to return with a budget. All City Council members will attend and participate. WRITTEN COMMUNICATIONS 22. None. ORDINANCES 23. None. RESOLUTIONS 24. None. STAFF REPORTS 25. Oral reports by staff members and submission of written reports. City Manager Brown informed Council that Campbell City Council has an item on their next agenda to approve a contract with Central Fire Protection District for fire services. The city is not becoming part of the district; this is a five year contract. It looks like it will not affect Cupertino negatively. Campbell would be paying the full cost of personnel and equipment for their city, just as Cupertino does for sheriff services. 11 MINUTES OF THE MAY 3, 1993, REGULAR CITY COUNCIL MEETING (CC-858) 26. Permissive left turn at Torre Avenue and Stevens Creek Boulevard. Council received the report. COUNCIL REPORTS 27. Mayor Szabo - Legislative Review Committee - Council unanimously agreed to the following action regarding proposed legislation. 30. Counc. Koppel stated that on a future agenda, she will request the proposed 10¢ gas tax increase be placed and that Council take a position. City Clerk Cornelius stated that the Legislative Review Committee also recommends that Council oppose AB1844 pertaining to enforcement of the Housing Code. At 10:05 p.m., Council adjourned to Conference Room A for a Closed Session as per Government Code Section 54957.6, Labor Negotiations. Council reconvened in Chamber at 10:36 p.m. Council present: Koppel, Sorensen, Szabo Council absent: Dean, Goldman City Attorney Kilian announced that Council directed the staff representative to negotiate with bargaining units as per Closed Session. At 10:40 p.m., Council adjourned. ________________________ City Clerk 12