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CC 05-16-94 · CC-880 MINUTES Cupertino City Council Regular Meeting May 16, 1994 PLEDGE OF ALLEGIANCE ROLLCALL At 6:45 p.m., Mayor Koppel called the meeting to order in the City Council Chambers, 10300 Torre Avenue, Cupertino. ROLL CALL Council members present; Jolm Bautista, Don Burnett, LauraIee Sorensen, Wally Dean, and Mayor Barbara Koppel. Council members absent: None. · Staff Present: City Manager Don Brown City Clerk Kim Smith Commwúty Development Director Bob Cowan City Attorney Charles Kilian Public Information Officer Donna Krey Public Works Director Bert Viskovich CEREMONIAL MATTERS - PRESENTATIONS Mayor Koppel presented n proclamation honoring David Voss of the Stevens Creek Quarry and Cupertino Ho:rt Lions Club for the annual Fish-a- Thon and picnic. ORAL COMMUNICATIONS None. CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried nnanimously to adopt the consent calendar as recolDffi.:nded. 1. Resolution No. 9092; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the · May J6, J994 Cupertino city Council Page 2 Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending April 29, 1994.fl 2. Resolution No. 9093; "A Resolution of the City Council of the City ofC~no 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 May 6, 1994.fl 3. Resolution No. 9094: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and DemaM'I Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending May 6,1994." 4. Monthly Treasurer's and Budget Report, April, 1994. S. Acceptance of gift often Power Book 145 computers ftom Apple Computer. 6. Request ftom Cupertino Host Lion's Club for waiver of use fees for two aTdluaI fund raising events to be held at Blackberry Farm. ~ Members of the Ci\y Council AYES: NOES: ABSENT; ABSTAIN: Bautista, Burnett, Dean, Koppel, and Sorensen. None None None PUBLIC HEARINGS 7. Applications No. 81,150 and 16-EA-93 - City of Cupertino - Amendment to Chapters 19.96 and 11.29 of the Cupertino M\."1Ìcipal Code, including regulations regarding recreational vehicles. (Continued ftom the meeting of May 2, 1994.) (a) First fP'II'!il'lg of Ordinance No. 1650; "An Ordinance of the City Council of the City of Cupertino Am.....ting Chapter 19.96, Parking and Keeping of Vehicles in Various Zones, and Chapter 11.29 of the Cupertino Municipal Code, On-Site Parking, of the Cupertino Municipal Code.fl The Community Development Director reviewed Exhibit 3 of the packet and showed the parking diagrams which had been discussed at the last ..-ing He distributed copies of a summary of residential parking regulations ftom adjoining cities, as well as a revised draft Ordinance No. 1650. He explained that the modiilcations made last meeting were to allow a vehicle of any size to be parted perpendicularly on the property, and to allow a one-year phase-in period for vehicles which would be in violation of the new ordinance. He suggested the May 16, 1994 Cupertino City Council Page 3 I ordinance also be amended to include the words "Said impervious surface must be contiguous and, at minimum, encompass the outline of the vehicle." The public hearing was opened. Ms. Norma Bradlyn. 22344 Riverside Drive, objected to the proposed ordinance. She said that parking the RV on the lot perpendicularly would cut off cross-ventilation between the houses. Mr. George Guittard, 22434 ~t. Andrews Avenue, said that if Mr. Modlin's RV were parked perpendicular to the street, it would be 4 feet from his property line and would block the view there as well. He expressed concern about the impst on property values, and said the RV posed the same health and safety hazards even if parked perpendicularly because it would block access to his back yard. I Ms. Ann Hart, 22423 St. Andrews Avenue, said the purpose of these discussions was to bring the letter and the spirit of the law into agreement. The current ordinance specifically refers to the peace and enjoyment of the neighborhood, and this particular RV was detrimental to her enjoyment of the neighborhood. 1he word "oversize" could be easily quantified, and specifics should be included in the regulations to back up the purpose of the ordinance. People are not allowed to build additions to their homes that extend into the setback 1U"e8, yet Council was considering allowing the parking of something as large as a living room in that area. She asked that Cupertino adopt a more stringent policy as the neighboring communities had done. Mr. Cleo Walker, 1224 Weymouth Drive, said he had parked his motorhome in his front yard for 30 years ",ithout any complaints from neighbors. During the Loma Prietl: earthquake he was able to provide care for his elderly mother in the motorhome. He said he could support an ordinance limiting oversize vehicles, such as those over 30 feet, but the problem faced by a few people on St. Andrews Avenue should not result in others in the community being punished. Mr. Michael Troiano, 10751 Stevens Canyon, said his motorhome was parked on the side of his house on a paved area that the county bad required. If the proposed ordinance went into effect he would have to tear out his back yard to move the motorhome in. He noted that the existing commercia1 storage centers plan to raise their prices from S4S/month to S90/month. He asked if those who do not own motorhomes, but are complaining about them, would agree to help pay the cost of storage. Mr. Troiano also objected to the Council member's statements of personal opinion such as when they said "I don't like" something. He said Council should judge what is good for the community and not what they want as individuals. I Mr. H. J. Hackett, 6073 Bollinger Road, said his 25-foot motorhome had been parked in his yard [or many years until the City took Bollinger Road. Then his RV had to be moved because it slightly overhung the sidewalk. He had spent .' May 16,1994 Cupertino City Council Page .. . several thousands dolIars to have a place to !J3Ck. He said Mr. Modlin wilI probably not have room on his property to park his RV perpendicularly. Mr. Hackett said that if Council changes the law, they should compensate someone like Mr. Modlin for his time and cost in makiug arrangements alternate arrangements. Mr. Milton Machamer, 21753 CastIeton Street, said his motorhome had been on the property for about 8 years. Both the motorhome and the house were painted a matching neutral shade, and he kept the RV covered. He said Cupertino should be more flexible in their restrictions, and not act as "Big Brother." Ms. 10Ann Olah, 879 Brent Drive, said that Council would do what they wanted regardless of citizen input. The new ordinance would force a delay in her family's decision to purchase a larger motorhome. She asked the people \\Iho were not in favor of parking the RVs on residential property if they would participate in paying the 200fa insurance increase for RVs that are parked off-site. . Mr. David Langlais, 10672 Deep Cliffe Drive, said the proposed change would improve but does not resolve the situation because it is too vague. If Mr. Modlin parked his R V perpendicular to the street it stilI would Iiot improve the impact that the oversized vehicle has on the neighboring community. He asked COImcil to strengthen the ordinance to prohibit the parking of vehicles within the setback area except on the $8Die sjd~ of the property as the driveway, and to consider adopting an ordinance simi'.ar to the neighboring communities. Mr. George Moustakas, 20570 Sunrise Drive, said there had been remarks about the fire hazard created by parking a motorhome in ftont of the house, but the same hazard was posed by a couple of cars parked there as well. He said that unsightly conditions were not caused by motorhomes, but by people not maintaining their yards and houses. People who own motorhomes are as concerned about maintaining property values as anyone else. Mr. Dean Sayre, 10805 S. Stevens Canyon Boulevard, said that he was neutral on the motorhome issue but wanted Council to stop micro-managing the citizens' lives. He said that although trees block his view, he is not permitted to cut them down, but Council is responding to complaints about motorhomes blocking views. Also, Council is doing nothing about other pieces of property t.1mt are unsightly. . Mr. Dick Modlin, 22448 St. Andrews Avenue, said there was nothing wrong with the old law. He suggested that if any change must be made, it should be to require some screening such as that he had already done. If he parked his motorhome perpendicular to the street, part of it wilI be screened but part wilI still be visible. He said that if Council feels they must do something to restrict the parking of motorhomes the screening requirement would be the best solution because at least May 16, 1994 cupertino City Council Page 5 þ it gave RV owners an alternative, and the St Andrews Avenue residents did not want to allow them one. Ms. Gerry O'Hara, 10404 Paradi!Je Drive, said she was neutral on the ordinance and did not favor any further restrictions on motorhomes or trailers. People have RVs so they are free to go away when they want, and forcing the vehicles into a storage area takes away the spontaneity. She agreed with an earlier speaker that blight is CIIllsed by poor property maintenance and not the presence of a motorhome. The public hearing was closed. Counc. Dean said that Mr. Moustakas had walked the neighborhood, done surveys, written letters to RV owners, etc. and then met with himself and the Community Development Director at City Hall to pre!Jent his information and discUS$ options. Counc. Dean commended Mr. Moustakas for his efforts. Counc. Dean referred to the comment about Council members' statements of opinion using the term "1" instead of "we." He said the function of their jobs as Council members is to make a statement in a perceptive way and not hide under the word "we." If the word "I" is used, the speaker carries the responsibility of the job. The word "we" is used to be ambiguous. Counc. Dean stated that he had a problem with the potential of a camper hanging out over the edge of the street. þ Counc. Bautista said he stood by his original proposal, and that a 33-foot limit was an arbitrary number. Perpendicular parking would address the health and safety ÍS$Ues because an RV parallel to a house restricts access by emergency ~nse vehicles. He said that what other cities have done on this issue is not significant, but how Cupertino departs ftom what was done in the past is more significant He did not know if the neighboring cities have dealt with this issue recently and Council should not be unduly restrictive. Counc. Sorensen thanked everyone for their input. She said she was sending "I" messages as well. Counc. Sorensen said the ordinance would address not jus! RVs but all vehicles parked in front or side !Jetbacks, including boats and trailers. This weekend she had driven around the city and noted the large number ofRVs, boats, and trailers. She agreed with Mr. Sayre that she did not want micro- manage and nor be classified as "Big Brother." Counc. Sorensen said should could not defme the word "over-size", and that she agreed with the proposal for perpendicular parking. Counc. Burnett said he felt the proposed ordinance was a good compromi!Je. He said that Mr. Guittard had a legitimate concern about a motorhome parked up against his property line, and that Council should consider that issue. þ Mayor Koppel said she had a problem with the RV length, and that 33 feet enormous. She said she felt more comfortable with a 30-foot limit, and anything · . May 16, 1994 Cupertino City Counçi' Page 6 longer than that would be difficult to park on the property unless it was behind a gate. She said she was disappointed that Council didn't have this infonnaûon earlier about the restrictions in other communities, because infonnation ceo be gained ttom decisions that Cupertino or other cities have made in the past. Mayor Koppel said she wnuld like to send this back to the Planning Commission to find some middle ground between Cupertino's proposal and the policies of other cities. Counc. Bautista moved to approve the draft ordinance with the statement that vehicles greater than 20 feet in length shall be parked perpendicular to the street, and to include the language suggested by staff regarding the impervious surface being contiguous and encompassing the outline of the vehicle. Counc. Bautista noted that that the solutions of other cities were both more and less restrictive than Cupertino's. Counc. Burnett seconded the motion. Mayor Koppel suggested that the motion be amended to include a phase-in period of two years. Counc. Bautista amended his moûon to allow a two-year period for compliance. Counc. Burnett seconded the amended motion, and it carried with Counc. Dean and Koppel voting no. The City Attorney said that this item would have to be continued for first reading because of the changes that had been made. Council concurred to continue the item to June 6. 8. Amendments to Section 19.08.030, definition of recreational structure, and 19.80.030, accessory buildings/structures, including tree houses, of the Cupertino Municipal Code. (a) First reSIding of Ordinance No. 1654: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08.030, Definitions, and Chapter 19.80.030, Site Development Regulations, of the Cupertino Municipal Code,lncluding Regulations Pertaining to Play Structures." The Community Development Director said this discussion began about the tree- house section of the code, which was never enforced. Staff felt it prudent to look at the ordinance and the Commission agreed, so they initiated a hearing to find a way to make it less onerous to build a treehouse. He reviewed the previous restrictions, and discussed how privacy issues would be addressed by allowing the permanent play structures to be placed closer to the property line if they were along the street, or if the neighbor gave permission. The public hearing was opened. Mr. Dave Leitzel, 7485 Kingsbury Drive, !J8id he had built the treehouse that started this discussion. He said it is safe, and it keeps his children in the yard. He went to some lengths to make it look attractive. When the discussions began about whether it should be allowed, he received over . . þ . . .. ",~.~~_.,.,.:1 "._', ," May 16, 1994 Cupertino City Council Page 7 a hundred signatures of support from the neighbors in the area. He noted that if the ordinance is changed as proposed, the treehouse will be in compliance. The public hearing was closed. Counc. Sorensen said she had looked at the treehouse and it appears to be very substantially built and quite ataactive. The City Clerk read the ordinance title. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed with Counc. Bautista voting no to approve Ordinance No. l6S4 for first reading. Counc. Bautista said that the $500 fee was excessive and suggested that they lower the fee to $150. Council could not foresee all the instances where there might be encroachment and they needed to maintain some supervision over that to exercise their planning duties. The Community Development Director said the fee was for a variance, and even $500 did not cover all the costs, which were in direct proportion to the amount of staff time involved. Counc. Bautista said these kind of structures were mainly for children and perhaps Council should subsidize them. Co:mc. Bautista moved to amend the motion to reduce the fee but not change the ordinance. The motion failed for lack of a second. Counc. Bautista moved to amend the motion to lower the fee to $1 SO under the new ordinance. He noted he was opposed to the three foot setback. The motion failed for lack of a second. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1654 be read by title only, and the Clerk's reading to constitute the first reading thereof NEW BUSINESS 9. Discussion of possible joint meeting dates with the Planning Commi"'lion for "Heart of the City" design for the Steven's Creek Specific Plan. Council agreed to hold ajoint meeting with the Planning Commission on June 27, 1994, at 6:00 p.m. in Conference Room C and D of City Hall. 10. Acceptance of resignation of Chung Wu from the library Commission and direction to staff regarding appointment to fill vacancy. Council accepted Mr. Wu's resignation with regret. They concurred to set the deadline for applications on June 24, 1994. Interviews will be held on July 5, 6:00 p.m., in Conference Room A of City Hall. · . May 16, 1994 Cupertino City Council Page. þ II. Report on the yard waste survey results and request for a decision on the current program. The Public Works Director reviewed the survey results. The two most popular options were Option Nos. 1 and 4. No. I was to leave the program as is with yard waste pickup only once during December, January, and February, along with one Disposal Day (cleanup) during that time. Option No.4 was to provide both the Disposal Day and regular twice monthly yard waste collection during all months. This would require a rate adjustment from an average ofSI3.50/can to S13.97/can. Total responses comprised about 12% of all of the community's customers. Option I received 34% of the votes and Option 4 received 35%. t Counc. Dean said this was one of the most verbal issues to come before Council, both by telephone and electronic mail via City Net. Counc. Bautista suggested another option might be to subsidize a portion of the increased costs. Mayor Koppel said that the increased cost for Option 4 was only 47 cents a can, but the rates will also be increased when the City expands the program to include other plastics, paperboard, etc. The Public Works Director said that when the first year's billing was reconciled with Los Altos Garbage, there would be some money coming back to the City. The City Manager cautioned that General Fund money should not be used to subsidize an entetprise fund which was supposed to be self-supporting, but the money available from the reconciliation might be appropriate if Council chose to subsidize the program in some way. Counc. Bautista said he would like to see an increase in service during the month of December. Council members agreed that no action should be taken until the rates for the expanded program were known. Mr. Dean Sayre, 10805 S. Stevens Canyon, said he did not like any of the options. He referred to the collection services offered by other communities $UCh as the City of Santa Clara, and suggested that the City contact them for ideas to improve Cupertino's program or to see if they would offer services in Cupertino. Counc. Sorensen asked that when this item came back to Council, that staff provide a matrix of the rates from other communities. Ms. Ann Anger, 10185 Empire, discussed the services in Cupertino and said that some residents were not aware they were available, such as paying a fee to have a large appliance hauled away. 12. Authorization f.>r the advance ofS3,ooo for Cupertino Diversity Summit (request of Counc. Sorensen). Counc. Sorensen distributed copies of the preliminary budget for the Summit, and explained that the costs would be recouped by charging S I 0 per person. It was . . . ·-·.-"""~'··1·~ -.'"", May \6, \C}C)4 Cupertino City Council Page 9 moved by Counc. Dean, seconded by Counc. Burnett, and carried unanimously to authorize the advance of $3,000. ORDINANCES 13. Second reading and enactment of Ordinance No. 1651: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.24 of the Cupertino Municipal Code entitled 'Underground Utilities-New Developments'." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed .manilN)usly to read Ordinance No. 1651 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1651 be enacted. 14. Second reading and enactment of Ordinance No. 1652: "An Ordinance of the City Council of the City of Cupertino Amending SectiOD$ 14.04.010, 14.04.110 and 14.04.160 and Adding Section 14.04.175 to Chapter 14.04 of the Cupertino Municipal Code entitled 'Street Improvements'." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously to read Ordinance No. 1652 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanimously that Ordinance No. 1652 be enacted. IS. Second reading and enactment of Ordinance No. 1653: "An Ordinance of the City Council of the City of Cupertino Amending Title 18 of the Cupertino Municipal Code Entitled 'SubdivisioD$' by Adding Thereto a New Chapter 14 Entitled 'Street Facility Reimbursement Charges'." The City Clerk read the title of the ordinance. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed unanill1()usly to read Ordinance No. 1653 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Sorensen, seconded by Counc. Burnett, and passed with Counc. Bautista and Dean voting no that Ordinance No. 1653 be enacted. COUNCIL REPORTS Mayor Koppel said that the State Air Board voted to require 2% of all vehicles in California to be Zero Emission Vehic1es (ZEV s) by 1998. Regarding the separation of the Transit Board fÌ'Om the Board of Supervisors, the Chair does not May 16,1994 Cupertino City Council Page 10 . support having five directly-elected members on the board since it would set a precedent in the State. The City Manager reviewed the recommendations of the Legislative Review Committee, as follows; (1) Oppose AB 2788 (W. ürown) regarding maintenance of effort requirements for public saf=ty services; (2) Support AB 2897 (Caldera) regarding overconcentration of licenses for alcoholic beverage establishments; (3) Support AB 2595 (Connolly), requiring parents of juveniles perfonning community service to be present at least 50"10 of the time; and (4) Oppose HR 3636 (Dingle) regarding telecommunications and franchise fees. It was moved by Counc. Bautista, seconded by Council Burnett and carried unanimously to direct staff to contact the appropriate legislators regarding these items. Counc. Sorensen asked about the status of the tobacco initiative. The Cit/ Manager said that staff would put a resolution on the next agenda stating the Council's position on this matter. Counc. Burnett said that he would provide Council members with copies of Association of Bay Ai-ea Governments (ABAG) platform on restructuring government. . Counc. Sorensen said the Alcohol and Drug Board met last week and due to the new Brown Act, once more they did not have a quorum and had to wait for 30 minutes. She asked if the Cities Association could look into this and advise our legislators that this is causing commissions to grind to a halt. Counc. Sorensen also asked that Council be given any backup available prior to the field trip next week to the property on Upland Way. She reported some graffiti, and asked that the Cupertino Scene include telephone numbers for citizens to use to report other incidents of graffiti. The Public Works Director said that if there was any question, people could contact the Public Works Office at 777-3269. Mayor Koppel reminded everyone that the CREST awards (Cupertino Recognizes Extra Steps Taken) would be held on Friday at the Community Center, and De Anza Day occurred on Sunday at De Anza College. ADJOURNMENT At 8;42 p.m., Council adjourned to May 23, 1994, 6;00 p.m., in the City Hall parking lot, for a field trip with Planning Commission to Czisch property 11845 Upland Way. . ~~~ Kim Marie Smith City Clerk