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CC 09-06-94 ...-. . . . . . CC-886 MINUTES Cupertino City Council Adjounted Regu1ar Meeting September 6, 1994 PLEDGE OF ALLEGIANCE At 6;45 p.rn., Mayor Koppel called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, and lead the Pledge of Allegiance. ROLL CALL Council members present; Don Burnett, Wally Dean, LauraIee Sorensen and Mayor Barbara Koppel. Council members absent: Jolm Bautista. Staff present: City Manager Don Brown; Deputy City Clerk Roberta Wolfe; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; City Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; and Public Works Director Bert Viskovich. CEREMONIAL MAnERS - PRESENTATIONS Santa Clara County Housing Action Coalition presentation of public education brochure on affordable housing. Carl Guardino, Vice President of Santa Clara County Manufacturing Group, píGSeDted a brochure entitled, "Dispelling Myths: The Realities of Affordable Housing." He said it is an "anti-NIMBY" tool. He introduced Marcia Fein who represents the Greenbelt Alliance on the Coalition. Proclamation honoring posta1 worker Jeanne Ullmer. Ms. Ullmer accepted the proclamation and thanked the paramedics and firefighters who responded to her call. POSTPONEMENTS By consensus, Council continued Item 31, appcal of approval of Application 4- TM-94, . Miu Juc, to the meeting of September 19, 1994. , September 6, 1994 Cupertino City Council Page 2 ORAL COMMUNICATIONS - None. CONSENT CALENDAR Director of Public Works Visltovich requested that Items 27 and 28 be removed ftom the agenda. Director of Administrative Service!J Atwood removed Item 9 from the agenda; the matter has been resolved. She removed Item 7 from the Consent Calendar \)ecg...... an amended report was being presented. It was moved by Counc. Dean, seconded by Counc. Burnett, and carried unanimously with Counc. Bautista ab!;ent, to adopt Items I through 29 of the consent calendar, with the exception ofltems 7, 9, 27 and 28, as presented. Counc. Sorensen abstained on Item 29 only. I. Resolution No. 9161 : "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 July 29, 1994." 2. Resolution No. 9162: "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 August 5, 1994." t 3. Resolution No. 9163; "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 August 12, 1994." 4. Resolution No. 9164; "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 August 19, 1994." S. Resolution No. 9165: "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 July 29,1994." 6. Resolution No. 9166: "A Resolution of the City Council of the City of Cupertino AIlowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending August 12, 1994." þ '. . . . , September 6, 1994 Cupertino City Council Page 3 7. Removed. 8. Review of applications for ABC licenses: (a) Courtyard by Marriott, 1000S N. Wolfe Road; (b) Gurnba's Pizza Parlor, 10971 N. Wolfe Rd.: {c) Miyake, 10650 S. DeAnza Blvd. 9. Resolution No. 9167: "A Resolution of the City Council of the City of Cupertino Declaring Intent to Conduct a Public Hearing Concerning a Nui$8ßce on Parcel 375-42-014,642 Miller Avenue, Henry Liles, Accumulation of Debrisffrash and Other Material Stored in the Yard Surrounding the Home." (Removed from agenda; matter resolved.) 10. Resolution No. 9168: "A Resolution of the City Council of the City of Cupertino Making Determinations and Approving the Annexation of Territory Desi8""ted 'Dolores 94-06', Approximately 0.92 Acre Located on the South Side of Dolores Avenue Between Orange Avenue and Byrne Avenue; Estate of Alva M. Ehrhart (APN 357-14-040)." 11. Resolution No. 9169: "A Resolution of the City Council of the City of Cupertino to Update the City's Eligibility Status for Purchase of Federal Surplus Property." 12. Resolution No. 9170: "A Resolution of the City Council of the City of Cupertino Approving Final Plan for the Improvement of Frontage Located on Miramonte Street at Stevens Canyon Road, Developer, Parviz Namvar; Authorizing the City Engineer to Sign the Final Plan; and Authorizing Execution of Agreement in Connection Therewith." 13. Resolution No. 9171: "A Resolution of the City Council of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom Parviz 1. Namvar, Miramonte Street and Stevens Canyon Road. " 14. Resolution No. 9172; "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Roadway Purposes from Parviz 1. Namvar, Consisting of Approximately 0.02 Acres, Located Stevens Canyon Road." IS. Resolution No. 9173: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Roadway Purposes from Parviz 1. Namvar, Consisting of Approximately 0.04 Acres, Located Miramonte Street." 16. Resolut!on No. 9174; "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Private Stonn Drainage Easement fro:n Parviz 1. Namvar, Located Miramonte Street; 10 Ft. Private Stonn Drainage Easement Over Portion of Lot 38." ,.' September 6, 1994 Cupertino City Council Pile 4 . 17. Resolution No. 9175: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Private Storm Drainage and Sanitary Sewer Easement from Parviz I. N3D1var Located Over Portion of Lot 41, Miramonte Street." 18. Resolution No. 9176: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Public Utilities from Parviz I. Namvar, Located Miramonte Street." 19. Resolution No. 9177; "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Public Utilities from Parviz I. Namvar Located Over Portion of Lots 38, 39, 40 and 41, Miramonte Street." 20. Resolution No. 9178: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement tor Public Utilities From Parviz I. Namvar, Located Over Portion of Lots 36, 37, 38 and 39, Miramonte Street." 21. Resolution No. 9179; "A Resolution of the City Council of the City of Cupertino Accepting 'Agreement Granting 1ngress/Egre!J$ Easement' By Parviz I. Namvar, Lot 36, Miramonte Street." . 22. Resolution No. 9180: "A Resolution of the City Council of the City of Cupertino Accepting 'Agreement Granting IngresslEgre!J$ Easement' by Parvjz I. Namvar, Lot 37, Miramonte Street." 23. Resolution No. 9181; "A Resolution of the City Council of the City of Cupertino Accepting 'Agreement Granting 1ngress/Egre!J$ Easement' by Parviz I. Namvar, Lot 39, Miramonte Street." 24. Resolution No. 9182; "A Resolution of the City Council of the City of Cupertino Accepting 'Agreement Granting 1ngress/Egre!J$ Easement' by Parviz I. Namvar, Lot 40, Miramonte Street." 25. Resolution No. 9183; "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 12 for Cupertino Nine School Site Improvements, Project 93-9106." (These changes are for improvements at Hyde Junior High School and Faria School.) 26. Resolution No. 9184: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Reconstruction of Curbs, Gutters, Sidewa1ks, Project 94-103." (This change is to increase the thickness of the gutters at various locations throughout the city.) . 27. Resolution No. 9158; "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Water Line Purposes From Lotus .' September 6, 1994 Cupertiœ City Council Paae 5 Þ Development and Construction, Inc., Located 10485 San Fernando Avenue." (Removed ftom agenda.) 28. Resolution No. 91 59; "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easemeut for Water Line Purposes From Lotus Development and Construction, Inc., Located 10486 San Fernando Avenue." (Removed ftom agenda.) 29. Approval of the minutes of the August I, 1994 meeting. ~ Members of the C~ Council AYES: NOES: ABSENT; ABSTAIN; Burnett, Dean, Sorensen and Koppel. None Bautista Sorensen (on Item 29 only) ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Monthly Treasurer's report, July, 1994. Director of Administrative Services Atwood explained the changes that had been made to the report. It was moved by Coone. Dean, seconded by Counc. Sorensen and passed unanimously with Counc. Bautista absent to accept the revised report. PUBLIC HEARINGS 30. Appeal of planning Commi.1SÍon denial of Application 7-EXC-93 filed by Barre B8ID':S, President, Lotus I)~velopmeat and Construction, Inc. The application requests an exception to construct a new residence on a substandard lot in accordance with Section 19.40.050 of the Cupertino Municipal Code. The property is located at 22801 San Jum Road. (Continued ftom July 18, and August 1, 1994.) Director of Community Development Cowan presented the !Jtatf report and plannil'll Commission recommendation. He said this was a unique property. It was one that was in the "pipeline" when the General Plan was approved. The matter is further complicated by the fact that the plopedy is zoned Rl. The City is working to get the entire hillside area zoned RHS. The house built adjacent to the proposed one was approved based on RI standards and no rigorous requirements were imposed. The pI'OpO$ed house will be on a slope greater than 30%. Regarding the ridgeline proximity, the RHS ordinance is very strict in requi ring that the roofline must be below the ridgeline. In this C&'3e, with the smaIl lot, it is difficult to comply with this requirement Mr. Cowan said he would recommend that the Planning C..ommission rethink this requirement for smaIl lots. September 6, 1994 Cupertino City Council Pø¡c 6 . Referring to building mass, Mr. Cowan showed transparencies depicting the elentions. He stated that the builder might have to break the house into split levels and step it down the slope. In regard to access, the Pavisos and other neighboring property owners have been working on agreements with Mr. Barnes, but they are not yet signed. He suggested that Council impose a condition that these agreements must be signed prior to issuance of building permits. He explained that there was a house on the adjacent lot so the acce5$ agreements weren't required in that case. Mr. Cowan described the drainage system which has been installed and which was approved by staff. Both lots are served by the system. . Barre Barnes, applicant, said the house was designed in 1992. Delays had been caused by plan checks and plan reviews. He had been required to de!Jign a road and a drainage system. Mr. Barnes said he had also improved the drainage on Cordova Road at a cost of $70,000. He said they were moving along in the process, then were caught in the delays of plan checks, getting back to architects and engineers and getting the drainage system finished before they would start the homes. At the October 4 meeting, Council expressed concern about the few who were in the pipeline. They asked staff to come back on October II and suggest some ordinances that might help those who had expended a lot of money on design and engineering. This pipeline was supposedly enacted for an exception process for the few who were in the situation. Mr. Barnes said that the first lot built on was 28,000 sq. ft., the second one is 23,000 sq. ft. The average slope of both lots is 24%. The average slope of the one in question is 27%. He said the house has been designed to be tucked into the trees and it will be stepped down the hill to hide the mass. Mr. Barnes said he had only recently become aware of the photo montage process and had brought some photos for Council to review. He had taken pictures as directed by staff. He described the grading that has taken place on the lot. He said he has gone through reports, corrections and resubmittaIs. Mr. Barnes said that the de!Jign meets all Rl-IO zoning requirements. He said it was his understanding that building permits have been ready to issue for close to a year. Mr. Barnes showed transparencies of the photographs of the house aJready built and the proposed site as follows: . · From Stevens Creek and Foothill. · From Cordova and Santa Lucia. · From Cordova and Santa Lucia enhanced to show how the propd look. · From Melissa and Voss showing the ridgeline; Mr. Barne!J said the proposed house is 80' from San Juan Road. · From Melissa and Voss enhanced to show how the proposed house would look. September 6, 1994 cupertino City Council Page 7 þ . A model showing the prominent ridgeline at 800'; Mr. Barnes said his lot is below 600'. Mr. Barnes said there was minima1 grading on the site and he had tried to keep the house as far fiom neighbor!J as possible. The required rear yard setback is 25 ft. and the close!Jt the proposed house will be is 36 ft. Mr. Barnes showed where the trees are and noted where grading had taken place. He said the drainage system is gravity feed, there are no pumps. . Charles Williams. 22770 Mercedes Road, read a letter he had sent to the Planning Commission in June. The letter had been presented to Council as part of the staff report. At Mr. Williams' request, staff produced the photographs he had presented at the Planning Commis!Jion hearing and Council reviewed them. Mr. Williams said they showed far different views than those presented by Mr. Barnes. If one looks at the house fiom the north, it dominates the ridgeline and hillside. Mr. Williams said the house will change the appearance of Inspiration Heights fiom the valley floor. He said the Oak tree does not screen the neighbor!J' view of the house. Also there have been many problems with geological stability in the area. He had spent $40,000 in improvements on his property and said he thought the problem with the new drainage sy!Jtem is that it is not deep enough to drain the lot Mr. Williams said the house will dominate the Pasari and Wulff houses. Even though 36 ft. sounds like a lot of setback, it is close on a hillside. Regarding noise levels, the two houses will be sharing a driveway so traffic noise will be doubled. All of this points out the need for the RHS zoning. In summary, Mr. Williams said the City and the community spent much time and effort in determining what is right for the Cupertino hillside. The law specifically dictates regulations to protect the hillsides and the neighborhood. Mr. Williams said that fiom his personal pe1S¡)ectÍve the proposed development is in conflict with all the precepts of that General Plan as it was put into effect He said technically, there may be a pipeline going, and technically there may be an RI zone. However, if you look through the discussion of what happened to get RHS up there this basically flies in the face of all of those. Mr. Williams asked Council to support staff and planning Commission recommendations to execute the law and the will of people and deny this particular development In answer to questions ftom Council, Mr. Williams said his house is 2,400 sq. ft, the Pasari's is 3,500 and the Wulff's is 2,200 sq. ft. Frank Dicker, 22790 Mercedl:S Road, expressed concerns regarding how the proposed house would dominate its neighbor!J as well as continuing land movement problems. Mr. Dicker said the quality of the house is not the issue. The problem is that it is very dominant He said the land is not safe land to put structures on. He said it is one thing to do a high density project on the valley floor but to do it with homes of this size and on land with a hi!Jtory of land movement is not glJOd.. He said he supported the staff and Planning Commission recommendations. t September 6, 1994 Cupertim City Council PageS . Ron Pasari, 22776 Mc:n:cdes Road, referred to a letter distributed earlier which was dated July 2S and had originally been distributed at the first portion of the hearing which had been continued to this evening. He said it appears the "pipeline" has been designed for developer.¡. There is no pipeline process for neighbol'S. Everyone should have equal access to a pipeline. Mr. Pasari invited all Council members to visit the site as Counc. Burnett had a1ready done. Mr. Pasari said his third point was regarding landslides. He said that one ofhis fears is that if the project is approved and things go wrong after homes are sold, he and his neighbol'S would have no recourse. Since ~ existing house was demolished two years ago and there was excavation and regrading done, holes have appeared in his hillside and water is gu....il'lg out of them. He said these concerns need to be considered seriously. Mr. Williams read a letter from the Wulff family into the record. Charles Nelson spoke as a representative of the Paviso family. He expressed concerns that the road will be impacted by the proposed construction. He said he had met with Mr. Barnes who has indicated he will sign a maintenance agreement to share costs as has been done by the Pavisos, Herterts and Marianists. Mr. Barnes has also agreed to pave the road for use of heavy equipment and will reimburse the three other parties for engineering costs for the retaining waIl. . Mr. Barnes confirmed that he had agreed to the stipulations mentioned by Mr. Nelson Mayor Koppel closed the public hearing. Counc. Burnett stated that the house will dPminSlt.. the Wulff's house. Also, the retaining walls are holding up a lot of dirt. In his opinion the house is too large for the site. Any house will be looking into bedrooms, and he preferml something smaller. He said he agrees with the planning Commi~on regarding size. Stepping down would help, but this is a substandard lot and house size should be reduced appropriately. In answer to questions regarding the drainage system and land stability, Mr. Cowan explained that the system is designed to catch nmoff from the roof and paved surfaces. He said that the piers go down to bedrock and the bouse should be stable. Director of Public Works Viskovich said there are two types of nmoff - surface and percolation. Most drainage systems ~ ó!..-signed to remove surface water. Sometimes interceptors have to be insta1led. "Jndergnund water movement is very difficult to intercept Paving on the property co''::<i help with the drainage. . Counc. Dean said that the instability is scary. In his opinion, the neighbors wilI not be happy no matter what is built. Council came up with a compromise on the other big house. He said the City has to maintain the quality of streets. Maybe the mass could be reduced by building the house into the hillside. I September 6,1994 Cupertino City Council Page 9 . Coone. Sorensen agreed with Counc. Dean but said she continues to have concerns regarding the drainage. Coone. Burnett moved to deny the appeal. FoUowing City Attorney Kilian's explanation of what the various actions by Council would do, Coone. Burnett withdrew his motion. Counc. Burnett moved (I) to refer Application 7-EXC-93 to the Planning Commission with direction to consider a redesign of the house to reduce and mitigate the effects on he ridgeline and the visual impact on the community, possibly by lowering it into the hillside and stepping it down the slope, and (2) that Planning Commission consideration of the application would take place only upon proof that the access agreements have been executed. Mr. Cowan said if Council decides to have the house go into hillside there will be a need for more geological work. Mr. Cotton will have to work with the design. In answer to the City Attorney's question regarding when he would be ready to present the new design to the Planning Commission, Mr. Barnes said one wee9S4Yit would be at least 30 days . to the affected property owners. Counc. Dean seconded Counc. Burnett's motion and it was approved unanimously with Counc. Bautista absent By consensus October 10 was tentatively set as the date for Planning Commi!I$Íon consideration and staff was dim:ted to meet with the developer and notify interested parties when the date is confirmed. 31. Appeal of plS1nning Commi"Sion approval of AppIic:Jtion 4- TM-94, Miu Joe, request for a tentative map to subdivide a .92 acre parcel into 3 lots. The property is located at IOilO Crescent Road, Kenneth A. Clark, appellant (Staff requests continuance of this item to the meeting of September 19, 1994.) Previously continued to September 19. PLANNING APPLICATIONS . 32. Application 32-U-8S (Modified) and 2l-EA-94 - The Forum at Rancho San Antonio - Use permit modification to allow an out-patient rehabilitation clinic to locate within tOO existing building, located at 23600 Via Esplendor. Environmental Determination: The Planning Commi!I$Íon recommends the granting of a Negative Declaration. Recommended for approval. September 6, 1994 Cupertino City CoImcil Page1/) Director of Community Development Cowan presented the staff report. It was moved by Counc. Sorensen, seconded by Coone. Burnett and pas$ed unanimously (Bautista absent) to approve Application 32·U-85 (Modified) per Planning Commission Resolution No. 4549. It was moved by Counc. Burnett, seconded by Counc. Sorensen and passed unanimously (Bautista absent) to grant a Negative Dœ1aration. NEW BUSINESS 33. Application 81,160 and 17-EA-94- City of Cupertino - Amendment of Chapter 10.21 of the Cupertino Municipal Code pertaining to newsracks. The project is located citywide. Negative Declaration recommended. Reconunenc:1ed for approval. (a) FimreadingofOrdinanceNo.I668: "AmendingCbapter 10.21, Newsracks, of the Cupertino Municipal Code." Director of Community Development Cowan presented staff and Planning Commission recommendations. It was moved by Counc. Burnett, seconded by Counc. Sorensen and passed unanimously (Bautista absent) to read Ordinance No. 1668 by title only and the Deputy City Clerk's 'PJOclil'lg to constitute the first 'PJOcling thereof. 34. Review of bid opening and award of contracts. Director of Public Works Viskovich presented the staff's recommendations. (a) Landscap.: Improvements by Route 85, Project 94-109 - It was moved by Counc. Dean, seconded by Counc. Sorensen and passed unanimously (Bautista absent) to reject the bid and authorize staff to re-advertise the project. (b) Homestead and DeAnza WicleniJ1g, Project 94-112 -It was moved by Counc. Dean, seconded by Counc. Burnett and passeð unanimously (Bautista absent) to award the project to Co11ishaw Construction for the amount ofSl44,3S0, based on the lowest bid submitted, and to approve a 5% contingency of $7,217 for a totaI project of$1 5 I ,567. 35. Setting of tentative City Council meeting Mayor Koppel !JUggested October 31, NO'lember I and November 2 f,:\1' the meetings. Following discussion about the DioceselLos Altos lawsuit, November I and 2 were set as tentative dates for the public hearings. The meetings will be at 6:30 p.m. · · · , .' September 6,1994 cupertino City CouDcil Page 11 WRI1TEN COMMUNICA nONS - None. ORDINANCES - None. RESOLUTIONS - None. STAFF REPORTS - None. COUNCIL REPORTS Mayor Koppel said that they are still waiting to bear Measure A in term!J of the L T A. Also, the Transportation Commission only meets until the end of this year and they will be gone. The County Air District fina1ly is doing better in their numbers for the competitive funding for AB 434 funds. She said the County is still not getting its fair share but they are doing better. She presented an update on the Highway 8S grand opening. Counc. Burnett cleanup. He said he would present them to the other Council members for their infonnation. He said he attended the NOVA awards luncheon and described some of the activities. Counc. Dean said that the DeAnza Magic girls' soccer team bad won the nationals and that Karen Kurrek, a Cupertino resident, bad just won the world cycling championship which bad recently taken place in Europe. Staff was directed to ¡ncp8re resolutions honoring these achievements. Counc. Sorensen reported that sbe bad ..-...v.t the County CDOO meeting. The County Housing Element has been approved. On October 6, the Committee will be discussing the unobligated funds. Mr. Cowan said that the $300,000 set aside for a project in Cupertino by the Midpeninsula Housing Coalition may be at risk if they don't get a project on the boards. Mayor Koppel said the City needs to make shd'"""'!:llt on the County General Plan during 45 day period. She will get information to Mr. Cowan. CLOSED SESSION At 8:35 p.m., City Attorney Kilian announr..:d that Council would meet in closed session per Government Code Section 54956.8, negotiatioos for purchase, sale, exchange, or lease of real property, to consider an offer to buy the Blue pheI!$"nt ReruwranL . . . ". . ~ber6t 1994 CupatiDo City Council Page 12 At 8:42 pm.. Council rec:onveœd in open session. It was IDOVI:d by Counc. SorenseII, !JeCODded by Coone. Dean and passed 'mJlllimnusly (Ba1ttista abxnt) not to entertain such an offer at this time. At 8:45 pm.. the ~I'Ig was adjourned.