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CC 11-07-94 .' . . . . . CC-890 MINUTES Cupertino City Council Regular Adjourned M--"I November 7, 1994 CALL TO ORDER At 5:00 p.m., Mayor Koppel called die mc c';'. liD order in the Council n..nIwors. 10300 Tom Avenue. Cupertino,lDd led die Pledge of ADqp-. ROLL CALL Council members plUw4: John Am...".. Don Bumca, WIa.Y Dean, LauraJee Sofcas...ð IDd Mayor Barbara KoppeL CocnciJ members absent: None. Staff pro.....d: City Manager Don Brown; City Clerk Kim Smith; AdminisIœive Services Dim:tor Carol Atwood; Community 1}eveJop.-ut Di......tu. Bob Cowan; City Attorney Charles Kilian; PaIb and Recreation Director Steve Dowling; Public Inform8Iion Officer Donna KIey; Public Works Director Bert Viskovic:b; IDd Pl8llllel'1I Vera 00. CLOSED SESSION At 5:00 p.m. Council walt into c:loIcd 0( n;'" liD d;"'1SS initiating litigatioD pwSulWt to Government Code Section 54956.9(c:) repdiua City of C"i'" linu v. S. SpiIts, eI aL At 6:00 p.m. Council returned to open fll:on. The City Attorney anoounced dud Council did not taIœ any action. RECESS At 6:00 p.m. CounciIIIeC !.-. ~ At 6:45 p.m. C""""¡I ~ CEREMONIAL MATrERS - PRESENTATIONS Mayor Koppel p. [",- ~ . procIamaIioa to I~ .....:.a of the De ADza OptimÍdw and Cupenioo 0pMni- in recognition ofYoudJ AppeåIIioa Week, Novai:Jber 13-19, 1994. ~lruNEMENTS It was moved by Counc. Sorensen, 1e((Ip,ded b)' C........ Dean, IDd carried .......:..--...Iy liD continue itan Nos. 20 and 21 to December 5, 1994. ORAL COMMUNICATIONS None. NO\Iember 7, \994 Cupertino City Coonci\ heel . CONSENT CALENDAR It was momf by Counc. Dean, 1eOO"'"~ by Counc, Burnett and carried unanimously to 8ppI'OVe item Nos. 1 thtOuøb 16 OIl Ibe CCIOIeÐt 8gCDda. 1. Resolution No. 9220: "A Resolution of the City Council oflbe City ofCur~ AlJowiDa Certain Claims 8Dd I)yu....d. Payable in the Amounts and From the Funds 85 Hereinafter DeIcribed for Geoaal and MúœIImeous Expa.clitura for Ibe Period Ending 0cI0ber 14,1994," 2. Resolution No. 9221: "A Rao1ution of the City Couuc:il of the City ofC~1iøo Allowing Certain Claims 8Dd J)oo.m.mds Payable in the Amounts and From Ibe Funds as Hereinafter Described for Geoaal and Miscellaneous Expenditura for the Period Ending October 21,1994." 3. Resolution No. 9222; "A Resolution of the City Couuc:il of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Geoaal and Miscellaneous Expendi1ura for the Period Ending October 28,1994." . 4. Resolution No. 9223; "A Resolution of the City Couuc:il of the City of C~boo Allowing Certain Claims aDd Demands Payable in the Amounts and From Ibe Funds as Hereinafter Described for Salaries and Wages for the PayroU Period f:ndi"l ~ 21, 1994," S. Resolution No. 9224: "A RaoIutioooflbeCity Council oflbe Cityofa..-~ A~"I Grant of 1=.... n_ for RoechI'II)' Purposes fiom Lois GavigIio. Traseee oflbe Gaviglio Family Tnaa.1nitiaUy Created OIl SqAto.llber 22. 1981. c.,.. ';":''C of App.O).;rnllf~ 0.0253 Acra, [--..I Cupertino Road. APN 326-SO-œl." 6. Resolution No. 9225; "A R.esoIuIioa oflbe City Council oflbe City ofa..-~ A~.. Grant of ¡:-... n4'l1C for RoIdway ~~ fiom Lois Gaviglio. Traseee oflbe GavigIio Family Tnaa.1nitiaUy Created on StJCanber 22. 1981, C¡.øti...:,,& of Awou"jllUll~ 0.0253 Acres, LOCIted Cupe.tkuu Road. APN 326-50-022." 7. RaoIution No. 9226: "A RaoIution of the City Council oflbe City of~ Accepcing Qui1daim Deed and Authorization for UndcqrouDd Wafa'RigbIs fiÐm Lois Gaviglio, Trustee of Ibe GavigIio Family Tnaa. Initially CreaIecI OIl September 22. 1981, APN 326-50-13, 21 and 22. Cupertino Road." B. A~..... of municipal ÍIDJII'OI-",,~.b: Tula Lane. Hemy Lozano project. . 9. Acceptance of city projects perfollned under contract: <a) ADDual OverlaylPavement Restontion, Project 94-106; (b) Street MainteoanceISIuny Seal. Project 94-105. November 1, J 994 c~ City Council PIp 3 . . . 10. Resolution No. 9221: ~A Resolutioo of tile City Council of tile City ofC,-<6uo Approvina Cuub-.t· Change Order No. 1 for Street t.'.ñnt.o....lOdSlurry Seal. Project 94-1 OS." II. RaoIutioo No. 9221: ~ A R.eIoIutioo of the City Council of the City of CbJ-tiœ AppnwiD¡ Cwb-.t ~ Order No. I for Annual Ovatay aDd Pavcmeøt RøknIioD. Project 94-106." 12. Resolutioo No. 9229: ~ A R.eIoIutioa of the City Council of the City of Cu¡....tiœ Approvina Cwb-.t Change Order No. 14 for CbJ-buó Wale ScbooI Sit.e ImJll'O"C".-..... Project 93-9106." 13. Approv8I of minutes of the October 17, 1994, and October 29, 1994, City Council me~¡T . 14. RÞolutioo No. 9230: ~A ResoIutioo of the City Council of1be City ofCupertioo Dcdarinø Weeds Growing On Certain Described Pl~ 10 be a Public Nlri~ and ~"g Hearing for Objections to Ploposed Rcmoval." IS. Resolution No. 9231; ~A R.eIoIutioo of1be City Council of the City ofCupertioo Approving Community Devdopnv'nI Block Grant Aaa~ Between 1be County of Santa Clara and 1be City of Cupertino for FJXal Ye:II 1994-95 and Authorizing Execution of AgJ'¡(lO!'nt" 16. Request 10 Ïuw...w. Housing RduIbiIi1IIIioo Pn.aaA41 ""'·;"'1iID 10lil........... &om S30,OOO 10 S5O,OOO. ~ ~f.....1vft of tile Ci\Y r""""¡l AYES: NOES: ABSENT: ABST:JN; R.nti_, Burnea. DeID, Koppd. aDd Su.....-œ. None None None . Noftmbcr 7, 1994 Cupcnioo City CouŒil Pa&c" . PUBLIC HEARINGS 17. Resolution No. 9232: "A Resolution of the City Council of the City of Cupertino Orderin& Vacation of a Roadway Eaanart Within the City of Cupertino Pursuant to SecIion 50430 Et Scq. of the ao..ChuuoUt Code of the Stale of Ca1ifornia, Laads ofMUI'IIIb, San Femalldo Avenue." The Public Worts Dhea.... ~ the staff report. Mayor KøppeI opened the public Iaring. No t""fti1DOl'l1 was receMd, and the public bearing was closed. It was moved by Counc. So.WU<OU, secoodcd by C....... Ihllt1~ and carried .....inoOUSly to adopt Resolution No. 9232 as pr ¡ ..-nteð, 18. Resolution No. 9233; "A Resolution of the City Council of the City of Cupertino Adopting the CounIy of Santa Clara Countywide Nondisposal (Recyding) Facility Element as the City of Cupertino's Countywide Nondisposa1 Facility Element Pursuant to Public: Resources Code Section 41730 Et Seq." The Public: Works Director reviewed the staff report and said the City's current plan would be amended by ~Ï11g this element. Mayor Koppel opened the public bearing. No testimony was received, and the public bearing was dosed. . It was moved by Counc. Dean, seconded by Counc:. Sorensch, and carried un....imntJSly to adopt Resolution No. 9233 as pr~ 19. AppIiadion 7-EXC-93, Locus Oe\.~ aod ConsIruction - E[(~ to COIISInICt a new resideoœ OÐ a ,.......ndMd lot in aa:ordaDœ with S«6oo 1950.050 of the Cu¡mino MuaicÏpll Code. The property is located at 22801 San JIIo1II Roed. Eovú~ 0etcrmiøIIi00: ('........~ Exempt, Re<.".....--ioo.d for approval. The Community Devdop.teI¡( Director reviewed the staff report. Mayor KøppeI opencd the public bearing. Mr. RoD Harris, (c:pi~og the appliatnl. said they b8d rwtw..-l the size. L~_~ the roof lin~ aad delete~ plans for a fiU bam wbid1 WIISD't " '.ed. ,An.-.....,.. to place the boule bi¡Ia up on the biD failed t- &,- of the n;:....:... driveway. The house Iw been su~ down the biD abouI six feet tioaa the ,.. to the master bclhuuw. He distribuled a .........-1 I......~ plio. Mr. Harris DOled that two dift'....4 geoJo,ists line ind:' .Ied that the biD is liable enouøb for c:onsIrUc:tion. The Community Dewki-'leflt Di.~ confirmed !bit the City's geologist agreed. . November 7.1994 Cupertino City Council Page S þ Mr. Frank Dicker, 22790 Mercedes Road, distributed copies and read into the record . letter dated Nov. 7 from bimself and three other neighboring families. The lcaer 'abd that CoUDCil require 11m (1) The house siæ be further reduced to 4,000 IqUIII'e feet; (2) The boule be moved further south 7 to 10 feet; (3) The profile be reduced by fl..ø-ïl'lg th.: pitch or other _; (4) the house be stepped further down pel' staff's m:<-,u._._i..~ IIIId (5) That I"""...."mg and natural colors be \lied pel' Plannil'lg Qtmnñftinn ~1Ifioos. Mr. Charles Neboo said be was.t,.. .. Ili'1g the Paviso family. Most of their concerns had already been add! I' [J by Mr. Barnes, but be wished to be on record that there was still a concern about an easement across their private road. The maintenance agreement had been signed, and after consuuction is complete the agreement requires thai the road be re--paved to bring it b.d up to st,...t.....ts and the ploperty owners must be reimbursed for their engineering costs associated with the retaining waIl. Mr. Bob WulD: 22780 Mercedes Road, showed slides of the ploposed site as viewed ftom his property below the site. He explained how the building wou1d block light ftom coming into his bome, and asked thai the roof line be 10wered an additional three feet. þ Counc. BSI.m_ discus!Jed ways to achieve a further reduction in roof line beigl-.t. One wou1d be to move everything left of the house down about three feet, or to push the house into the hill to reduce the visual impact. Mr. Wulff said moving the house further away ftom his pou¡dty would only iu............ the amoun1 of the house be would see. Coone. So.--... said she was concerned about the security of the hillside if it were cut away ID(ft. Mr. Ron Pasari. 22776 Me.ccdei Roed, said be had been one of the peop1e who signed the lcaer read by Mr. Dieter. He felt thai this home and one a1ready built on the þil1eid.o wae immeose, and be wouIcI......~;aœ anything Council cou1d do to improve the situation. The ard1Ïtect exp1ained that bringing the house up-hill more without cJ-\gj1l£ the existing driveway would elimin_ an already smaIl ftont yard of 10 or 12 feet. He felt the I"""~ng would do more to addIcss the concans about the size of the house. Mayor Koppel said the developer had dooe a lot to address the neighbors' concerns, but be cou1d not satisfy everybody. t Counc. Bwneu agreed that this plan was a big improvement, and suggested that the developer wor1c with the neighbors on color $election. The applicant had already done was much was practical about the roof. November 7, J 994 Cupertino City COUDCiI Page 6 . Coone. Bautista said improvements had been made, but the element most striking to him was the length of the house. It was probably a little bit too big but the plan would meet his scrutiny. Coone. Burnett noted that having a two-car garage would cut the length. Coone. Dean said there wouJj not be a major i~ on the height if a two-<:ar garage _-ere used. He felt the issue was one of siæ as it tied slope density. The developer ...eared a much tÜca'-Innk1ng project the second time. He felt the garage issue bad been adIh...oo by additionIItrees in the 1andscaping plan. Mayor Koppel didn't see anything wrong with the three-car garage. Coone. Sorensen wanted to make sure the color palette and 1andscaping come back for review, and should ine1ude trees that grow rapidly. Counc:. Dean said one of the most significant questions was raised by Planner Commissioner Donna Austin. whether there should even be a house on the hill like this. He asked how Council could addres!J that situation. The Community Development Director said the Planning Commission was working on a slope formula for house size, but the ordinance as it now stands has a 6,500 square foot cap. . It was moved by Coone. Dean to accept the plan as recommended by Plannil'lg Commission Resolution (minnt(' order) No. 4568, including a 3-car gange, and the color palette and 1"Dd"'"'TÏDg plans should come back for Council review. Coone. Sorensen seconded and the motion carried 4-1 with Coone. Burnett voting no. 20. Application Nos. 81,156 and 9-EA-94 - City of Cupertino - A~·I., to various sections of n...p- 19.40, Residential Hi11side Zones, of the Cupertino Municipa1 Code, rqulations for flat yard area, sccood story off-sets and boose siza. Tbe PISlnning eo.OIIII¡~on recoa.......".¡$ the granting of Negative DccIaration. ReC(\m"'~ for approval. (Continued ftom October 3, 1994.) (a) First fI"'Ad;"I ofOrdi.......... No. 1658: MAn Ordinance of the City Council of the City of Cupertino Amending Chapter 1940. Residenlial }lill..ïda! Zones, of the Cupertino Municipal Code." It was moved by Counc. Sote.-.., sccooded by Coone. Dean, and carried unAnimously to ~ùe this item to December 5, 1994. . 21. App1ic:ation Nos. I-Z-94 and 2-EA-94 - City of Cupertino - Request for fP7"ftÏl'lg of various hillside l"u¡dt.Ìcs encompassing 185 net acres in the Regnart Canyon area. The site is 10cated in the west foothills of Cupertino. Tbe Pbmning Commis!Jion recommends the granting of a Negative Declaration. Recommended for approval. (Continued ftom October 3, 1994.) November 7. 1994 Cupertino City Council Page 7 . <a> First reading of Ordinance No. 1659: "An Ordinance of the City Counc:il of the City of Cupertino Amending Title: 19 of the Cupertino Munic:ipal Code by Remning Various Hillside Properties Encompassing Approximately 185 Net Acres in the Regnart Canyon Area; l«~~ in the West FootbiJls ofCupertioo." It was moved by Counc. ~ seconded by Counc. Dean, and carried .......imnusly to continue Ibis item to Dec:ember 5, 1994. PLANNING APPLICATIONS 22. Applications 7-U-94, S-TM-94 and I4-EA-94 - Cupertioo City Center Associates D - Use Permit to construct a I2O-unit "For Rent" condominilDD c:omplex. Tentative Map ~ subdivide one parcel into 120 condominilDD units. The project is located at the southeast quadrant of Stevens Creek Boulevard and DeAnza Boulevard. The Planning Commission recommends the granting of a Negative Declaration. Ra:onuneøded for approval. (Continued from October 3, 1994.) The Community Developniem Director distributed a chart showing a summary of the October 3 meeting. the BMR evaluation, and revisions of conditions. . Counc. Bumcu said that Ibis very expensive podium-type construction .....k.... it difficult to accomplish below-market-rate (BMR) units, but there are other projects being developed througbout the county which are providing BMR units. The Cnmmunity Developw.;ut Director explained that those are mostly ownership projects. The Administrative Services Director l~~ the rates of retwn for various options as shown in the sIaff report. Mr. Mark Km1I, I~""""'tiog the applicant. said the bond fiDancing opIion WIll thorougbIy evaluated but it did oot solve the problem. He said they would 110(. option 3 as shown in the slaffrqxxt (which calls for ~ing $180,000 10 bdp support the Harry ~~rnsoo project) with two provisions: (I) If they could pi--d with Ibis project now; and (2) If for some rason the SwaISOI1 project failed, thea the money would convert to an in-1ieu fee. ~ ~pe¡.ble options wa'e the $108,000 in-Heu fee and four median-raJt ~ units for IS years. He also asked that Council grant the SO% part dedication fee credit. . Planner Vera Gil said that the City wou1d need a commitmem for BMR housing for 30 years. The Community Development Director said there was a big ditTe.......... in the low-income: and median-income rental sIructure. Disc:ussion followed regarding the rental pool of moderate-income families versus low- income families. November 7. 1994 Cupertino City Council p.. þ Mr. Dick Schuster, 777 StendbaI Lane, spoke as Chairman of the Affordable Housing Commiuee (AHC). He S81d the commiuee unanimously n:commended that Council deny the applicant's request for an in-lieu fee of loeJé without BMRs. The AHC unanimollSly supported option 3, an ÍDvRb.....rt in the Barry Swenson project with. cap of S200,OOO. He added that three members weed in favor of option I. which would provide six low income and 6 very-low-income units on site, and two urged the applicant to provide as many BMR units on site as possible. Mr. Schuster said that, in ~lring for himself, he wondered about the value of the staff time inwlved in the number of appeaIiUIœS by the applicant before the Affordable Housing Commiuee, Planning Commission, and City Council. He said only options 1,2, 3, and 7 meet mitigation requi.",uogb. There was only one-fifth of one pert:ent different between what till: applicant will and will not accept If the project feasibility is that close, it probably would not be successful with or without affordable housing. Hc asked that Council require 12 BMR units as stipulated in the Housing Mitigation Manual. . Ms. Jane Adams, 10102 Senate Way, said the applicant bas admitted the project is risky even without BMR units. She suggested this project be denied and a more financially reasonable project be developed for the site. She noted her opposition to Option 3 bccw'S'" it would concentrate the BMR units. Mr. Ferolch Debao, 10257 Nile Drive. discussed density bonuses whic:h were offered in other develuywo¡;Ub. He said that this development is pari of the Stevens Creelt S~ific Plan and sbould be developed with a ....1-- point of view in concert with the rest of the specific plan. He was not opposed to affordable housing but the ¡h«~mca1 development should be stopped. Counc. Burnett made. prcseutatioo from the podium. He showed b___ies which co,rtrasted the original plans for this area as approved in 1983 with development as plopos.;d to day. The original plans bad much more open space and were not as dense. Couuc. Burnett said the current plans have diminichM open space and the ~'¡Id;,,8" are very large. maximizing value from the 1aod, which bas directly beœ6ted the applicant. He said that an eoormous amount of housing specified in the Geoeral Plan is derived directly from the amount of office and industrial devd.~ identified in the Geoeral Plan, and Council sbou1d consider br-Iril'lg out of this pattern to alter their approach to the city's tùIure. He said that if this project is built without affordable housing included it will be a real shame. . Counc. Bautista said he thought the trend in this city was to develop lower-dcnsity projects, and the only way to justify this bigb-density 1"0)0Sal is to provide affordable housing units. There will be urban mania unless affordable bousing is made available to the community. He asked if Council ~~u1d grant an excepóon to the affordable housing rules if it's impossible to provide affordable housing at November 7, J 994 Cupcrriøo City CouøciJ PaJe 9 . this density level. He said he would stick to the stick to original policy and CI~ that median-income affordable units would DOl meet that policy. Mayor Koppel felt there could be a compromise if the applicant would provide four low-income units for 30 years and an in-lieu fee ofS108,OOO. Coone. Sorensen said this was . difficult decision since she bad always supported affordable bousing. She agRed with the Mayor's ..........UlüÍse, and said that the Council must stop ~ng the rules in mid-project. C..ounc. Dean said be felt ditTaent1y. The ,...ty selected for the project was in the Genera1 Plan and could Iaavc been developed at a much higher density. He said be could DOl adopt the philosopby of city gO\et~ telling developers wbat kind of building to construct. He said be would support the Mayor's ..........uauise. Coone. Burnett said that neither the requirements for affordable housing nor the fees have been changed. Coone. Sorensen explained that the direction given to the developer was vague. Coone. Bautista said that acœpting four low-income units puts a greater burden on the Council to go for a project that involvcs 100% affordable housing units. . After discussion by the applicant and stafI; an error was identified on the optioo chart. Option No. 5 sbould Iaavc indicated that it was DOl acceptable to the applicant. Discussion followal leaaa~ the dif1'g~ in percentage points for various options and bow much additiooaI capi1al might be Deeded It was moved by Coone. Dean, seconded by CO'..... Su.gpgl, and carried ....1 with Coone. BSlutista voting 00. to grant a ~~ dec1aration for 7-U-94 and 5- TM-94. It was moved by C--. Dean, seconded by C....... &.~ and .....;ed 3-2 with Couac. rbrllt;sta and Bumeu votiDg 00. to approve 7-U-94 per Pl..,u.:.. Commi";on RaoIution No. 4555 with modifi(l'~ to c:oodition Nos. 9 and 16 as shown on .A--~ A of the staffreport, and modifying condition No.4 to require four low-income oœ-bcdroom units on site for 30 years and an in-lien fee ofSI08,000. . It was moved by Coone. SoraIIcn, seconded by Coone. Dean, and (,MIjed 3-2 with Counc. RJll1hcbl and BUrDett voting no, to approve 50 TM-94 per pl_....:,"& Commission Resolution No. 4SS6 with the rnnd;.......oo to condition No.9 as shown on Attachment A of the statTreport, and ~ condition No. 15 to rcquire four low-income one-bedroom units on site for 30 years and an in-lieu fee of 5108,000. November 7,1994 Cupertino City CoWlCil Page to þ NEW BUSINESS 23. Application No. I3-U-88 - Tandem Computers - Request for a one-year extension of. use permit for an eight-story office building equaling approximately 300,000 sq. ft. The plopgty is 10catcd at the northwest corner of Stevens Creek Bou1evard and Tanrau Avenue. Recommended for approval. Couœ. RII'.,tista said this was not deleted ftom the Genera1 Plan '-"".~ it was an historical anoma1y. It was included bet-....~ there was a use permit in place. but be felt it is inconsistent with the spirit of the Genera1 Plan. The Community Develop.kagt Director explained that the use pennit wou1d go with any transfer of this plOpç.t). Coone. Dean said one volatile issue was the height of the building. If the applicant has discretion to use the square fnotage any way they want, he was dead set against the monolith. The City Attorney said the question at hand is whether there are legitimate grounds to grant an extension. t Mr. Jolm Hailey, Senior Facilities Planner for Tandem Computers, said bis 1eUers of Sept. 12 and Oct. 21 were included in the packet, and they explain why Tandem bas not yet pror~1ed with the design and construction of this project. lie said it was very importaøl to them to retain the use permit J-om- it offers flexibility in the short run. If they did need to expand into a new facility, they could do it more rapidly. If they didn't procc.;d with the project in the sbort tam, 1œeping the use permit keeps the prOpMy as a set value. He said there is now even less of . cbance that they would develop it, but the flexibility for the company is useful. Mr. Hailey said they would be willing to modify the use permit regarding building bei¡bt without going through the permit pI~ again. There are some design lOlutions to reduI:e the height. Also, if they can rmin the Oexibility of the use permit, they may be able to consider something ocher than eight stories, but that could not be decided tonight. . Mrs. Nancy Burnett, 729 StendhaI Lane, said she was ~lring 011 bebaIf of C.U.R.B. (Cupertinians Urging Restraint in Building) which had taken . position on this project before. They ask Council to deny this use permit and to 1œep c:ontrol of what happ.- on that plv....a1y aI the Council level, not at T"'......m's level. Council should tell them what is desired for that location, but based 011 . new application. MIs. BIIr.IeU listed the locations and heights of other high-rise buildings in the city. November 7, 1994 cupettiøo City Council PIfCU þ Mayor Koppel said she was in support of the extension with the ..............w.e .. offered by Mr. Hailcy. She understood there wa'e concerns about height, but Mr. Hailcy believes the chances of CODSIrUCting this project are low. Coone. Burnett said that is . specific: appIicaIioa _ have and it can be IOId to __ else. Unless CoUDCil really waDIs to see that buil.iing coostIlJCted there, they shouldn't approve it. ~nir1g. let vI1œ sbouIJ not be the func:tioa of pe.~ policy. He said that it is. huge building and bas. big ;,ul'P':t on the City's bousing element. He opposed it t-",1It' it far gRater than what is _....._ for the City. Mr. Hailey said that he c:ou1d make the conunitment that before they plueeedeð with CODStIlICtÍon they would 100lt at alterbg the conditions of the use .-...4 to by to bring the height down. That type of modific:ation is within the confext of defining the design. . The City Attorney said that since the applicant made that commitment. Council could grant an extension of the permit on the condition that further design review be c:oaducted prior to the icel........ of a building permiL It would grant . ooc-year extension for the permit ;;ut allow the ability to regulate the design by . fuIure applicant. The applicant is willing to put the height at issue in design review, but not other issues such as square footage. Mr. Hailcy agreed they would like to retain the square footage if at all possible. The City Attorney said that Ibis applicant is agreeing to someIhiDg beyond what the ordinance requires, but if the p.Øydty clIaøg.:.. bands the new ownen may DOt follow through. Counc. lùl1ti.... asked Mr. Hailey if they would be req¡-u,g 8IIOIber ....f¡, ....:nn. year Iiom now. Mr. Hailey tII¡¡I~ 1bIt they would iflbeir sih....... _the_ as today. The City Attorney said chat (,~I cou1d specify !bit Ibis is the last m- ....... A notation could be made 011 the... tr"' _ permit in the City files wbich says the permit was extended for ODe year bur only upon the conditioo tNt . ....... .-...it cannot be issued umiI such time as there is . new design review, wbida would include . possible Ieducôoa in beigbt bur not in square fOCJCllF. If.... notation was placed on the pI......;"i applications and use permit any . ~..tIIe purcbaser could pick that up. Coone. Burnett said that it would SIill be a very massi~ building. . Coone. Bautista said that Ibis "'as quite a favor to ask of the City, to ~ something not grounded in reality. He said it was a very diffic::ult decisioa to make especia1ly in light of the fact that be really didn't 1IuCk.:>1Aud the purpose for November 7, 1994 Cupertiøo City Council Page 12 þ it. If there is no intent to build. it doesn't make sense to comimJe to inflate the value of that pI'OIXity. That does a disservice to everyone fiom our planning point of view and policy. Coone. Sorensen moved to IIppIVVe 10 extension of the time period with the caveat that this is the last extension, that there is a required design review to consider reducing the height of the building. and íhat such a nocation be placed on the files that this requiranent has the ~11t of the applicant. Also, as recommmded by staft neither the DIe permit nor the extension would constitute a vested right if any General Plan 1II)Md......b or zoning ordinances change the land DIe regulations. Coone. Dean seconded. Mayor Koppel moved to amend the motion to allow additional extensions. The motion failed for 1aclt of a!JeCOßd. The original motion carried 3-2 with Bautista and Burnett voting no. 24. Policy for an Employee Transportation ProgJaI1l. þ (a) Resolution No. 9234: "A Resolution of the City Louncil of the City of Cupertino Approving Employee Transpodation Proglabl Policy." The Public Works Director reviewed the staff report. It was moved by Couoc. Sorensen. seconded by Coone. Bwncu, and carried unanimously to adopt Resolution No. 9243 as JX"'~ At 9:20 p.m., Counc. Bautista was absent. 25. Review of bids and awIII'd of .....&-t for I........~ ~QI~.." by Route 85, Project 94-109. The Public Worts DÌlcdo. rniewed the staff repon. He noced that $65,000 was saved by re-bidding the project, and the fimds would come from the Santa Clara County Traffic AUIbority, not the City. It was moved by Couoc. Dean, seconded by Coone. SoI~ and carried 4-0 with Coone. &,.....- absent, to awIII'd the project to the low bidder, Bcl:B 18Ddsca:Hng, in the amount ofS203,768; a..dh..riæ a five paœnI ex...:., .ry of SI0,200 for a total project cost of $113.961; and ~C¥;aœ $113,961 fiom the general fu.'Id 26. Appointmar of ddcgaœ and a:œ.~ to the Association of Bay Area Government's (ABAG) General Assembly. Þ It was moved by Counc. Dean, seconded by Coone. Sorensen, and carried 4-0 with Coone. Bautista absent, to appoint Don Burnett as the delegate and John Bautista as the alternate. Mayor Koppel said she would confirm Couoc. ., November 7, 1994 cupertino City Council Page 13 . Bauti!Jta's acceptance of this appointment since he had to leave the meeting before this item was discussed. 27. Nomination for Citizens Advisory Committee member to County Transit Board. Mayor Koppel suggested that the Council support Mr. Jolm Gatto as their oominee to the County Transit Board. Counc. Burnett suggested that Mr. Jim Sblllmaq be appointed. Mr. Stallman addæssed the Council and de!Jc:ribed his qualifications and discussed the transportatioo items which might be of concern to the city. He explained that be was cucrently a resident of Saratoga, but had lived in other places in the county and the region. Counc. Sorensen said $he tended to support someone ftom Cupertino, although Mr. Sta1Iman's qualifications were very good. Counc. Dean acknowledged that Mr. Stallman had already been nominated by Saratoga, so nominating another person ftom Cupertino would increase the pool of nominees. It was moved by Counc. Sorensen, seconded by Counc. Dean, and carried 3-1 with Coone. Burnett voting no and Coone. Bautista absent, to nominate Mr. Jolm Gatto for the County Transit Board. Mayor Koppel thanked Mr. Stallman for his interest. . 28. Appointments to the Cupertino Audit Committee. It was moved by Coone. Dean, seconded by Counc. Burnett, and carried 4-0 with Counc. Rmrt15ta absent, to appoint Council members Sorensen and ø,nti,ra to the Cupertino Audit Committee. The committee will meeI on a quarterly basis. 29. Approval of tCCOlII,'...MSltÌon ftom the Fine Arts Commk<;ioo for the award of Fall 1994 fine arts grants. The City Clerk reviewed the staff report. The City Manager said that the Cupertino Cherry Blossom Festival wou1d probably be held in Memorial Part next year. It was moved by Counc. Dean, seconded by Counc. Burnett, and carried 4-0 with Cmmc. Bautista "'-nt:. to approve the recommendations of the rme Am Commission and award grant funds as follows: Janlyn Dance Coffipany. 51,410; Peninsula Symphony, 51,700; and Cherry Blossom Festival, $1000. 30. Report on commission and committee terms expiring January IS, 1995; se1ection of application deadlines and interview dates. . The City Clerk reviewed the staff report. Council concwred with the following schedule; Deadline for incumbents to apply is Dec. 16; deadline for non- . . . . November 7, 1994 Cupertino City Council Page 14 32. incumbents to apply is Dec. 21; and interviews will be scheduled on Tuesday, Jan. 10, 1995, at 6:30 p.m. 3L Consideration of amending Title 10 of the Cupertino Municipal Code regarding regulation of graffiti. (Continued from the meeting of September 19, 1994.) (a) First reading of Ordinance No. 1669; hAn Ordinance of the City Council of the City of Cupertino Amending Title 10 of the Cupertino Municipal Code By AddineJ Chapter 10.60 Regarding Regulation of Graffiti." The Adminis:rative Services Director reviewed the staff report. Discussion followed regarding whether there should be a cap on the amount paid by citizens, and how other ..ities handle their graffiti programs. It was moved by Counc. Dean. seconded by COIDIC. Koppel, and passed 4-0 with Counc. Bautista absent, that Ordinance No. 1669 be read by title only, and the Clerk's reading to constitute the first reading thereof. The City Clerk read the o..¿inance title. It was moved by Counc. Sorensen, seconded by Counc. Dean. and passed 3-1 with Counc. Burnett voting no and Counc. Bautista ab!Jent, to approve Ordinance No. 1669 for first reading amended to include a 5100 cap on the amount that the City would bill for graffiti removal services. The City Attomey said that the amendment was minor and would be included in the second reading. Review and approval of the Ci~ 's investment policy. The Administrative Services Oirector reviewed the staff report. It was moved by Counc. Dean, seconded by Counc. Sormsen, and passed 4-0 with Counc. Bautista ab!Jent to approve the City's invcstment policy as l""-iCDted in the report. 33. Consideration of adoption of a general appeals ordinance. (a) First reading of Ordinance No. 1672: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 1.6 to the Cupertino Municipal Code, Appea1s of Administrative Decisions". The Administrative Senices Director reviewed the staff report. The City Clerk read the ordinance title. It was moved by Counc. Dean, seconded by Counc. Sorensen, and passed 4-0 with Counc. Bautista absent that Ordinance No. 1672 be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. November 7, 1994 cupertino City Council Page IS . Sorensen, seconded by Counc. Dean, and passed 4-0 with Counc. Bautista absent, to approve Ordinance No. 16n for fu!Jt reading. 34. Consideration of an ordinance establishing appointment, powers and duties of the City Attorney. (a) Fim If''''''Iing of Ordinance No. 1673: "An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.18 to the Cupertino Municipal Code Providing for the Establishment, Appointment, Powers and Duties of the City Attorney." The City Attorney reviewed the staff report. The City Clerk read the ordinance title. It was moved by Counc. Dean, seconded by Counc. Sorensen and passed 4-0 with Counc. Bautista absent, that Ordinance No. 1673 be read by title only, and the Clerk's reading to constitute the first reading thereof. It was moved by Counc. Burnett, seconded by Counc. Sorensen, and passed 4-0 with Counc. Bautista absent, to approve Ordinance No. 1673 for fu!Jt reading. 35. Consideration of canceIlation of Dec. 19 meeting. . The Council concurred to cancel that meeting, so the last meeting for the year wiIl be on Dec. 5. ORDINANCES 36. Second ,.....,Iil1g and ~ent of Ordinance No. 1671: "An Ordinance of the City Council of the City of Cupertino Amending TItle 19 of the Cupertino Municipal Code by Adding Chapter 19.81 To Be Entitled 'Recycling Areas'." The City Clerk read the title of the ordi....nce and noted that the blank on page 3 should read "Resolution No. 9219." It was moved by Counc. Sorensen, seconded by Counc. Dean, and pII~ 4-0 with Counc. Bautista absent, to read Ordinance No. 1671 by title only and the City Clerk's If''''''Iing to constitute the second ~ing thereof. It was moved by Counc. Burnett, seconded by Counc. Dean, and passed 4-0 with Counc. Bautista absent, that Ordinance No. 1671 be enacted. STAFF REPORTS . 37. Review of meeting calendar for Diocese hearings. November 7, 1994 CupeI1iøo City Council Pasel6 · The Community Development Director said that the Planning Commiøion meetings on this topic would probably continue throu¡bout November and possibly into December. The City Attorney reported that the decision in the lo!J Altos suit against the Diocese would probably be available at the end of December. Council agreed to plan their meetings for some time after the fust of the year, and asked the Community Development Director to provide a draft sc:hedule in calendar format. COUNCIL REPORTS Mayor Koppel said that the Santa Clara County Cities Association would be hearing a ~tation ftom Smart Valley this week. She said there are stiIl issues regarding Highway 85 which are being pursued. including metering lights and arrows. Thursday was the last chance to order Highway 85 t-shirts. She added that the annual holiday tree lighting ceremony would be held on December 5 at 6;00 p.m. at the Quinlan Community Center. · Counc. Dean commended staff for providing "pooper-scoo)(rs~ in some of the City's parks. The Public Works Director said if the pilot program was successful it would be expanded into all of the parks. ADJOURNMENT At 10:10 p.m., the meeting was adjourned to Wedœsday, Nov. 16, at 6:00 p.rn. for a swearing-in ~I.....ooy for the new Mayor and Vice-Mayor. ~~ Kim Marie Smith City Clerk ·