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CC 11-21-94 , CC-891 MINUTES cupertino City Council Regular Meeting November 21, 1994 CALL TO ORDER At 6;45 p.m., Mayor Dean called the meeting to order in the Council Cbambers, 10300 Torre Avenue, and led the Pledge of Allegiance. ROLL CALL Council members present: Jolm Bautista, Don Burnett, Barbara Koppel, Lauralee Sorensen, and Mayor Wally Dean. Council members ab!Jent: None. . Staff ~ = J mt: City Manager Don BI\IWD; City Clerk Kim Smith; Administndive Services Director Carol Atwood; Commumty Development Director Bob Cowan; City Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; and Public Information Officer Donna KIey. CEREMONIAL MAnERS - PRESENTATIONS Mayor Dean ~~ted a proc1ænation to Ms. Paula Edmonds who."1" ~med the National Council on Alcobolism and Drug Abuse. The proclamation was in ¡~tion of National Family week. Ms. Edmonds tlumlr.... COOI,.,..ij for their perticipation. She said that some of the fimctions of the organiDtioo weR to provide infonnalion aod ..........u-. to filmilies, including a 24-hour help line aod youth education lçpdiua a1cobol, drugs, and tobacco. She pi ¡Knkd the C"""¡1 with a pac~~ ofbo....h...... from the ~y. Mr. Steve Andrews, president of Cupertino c.......-.4y Services (CCS). v._....d that theIe wa II group using his agency's name to so1ic:it for donations by tdcpl>oll\C IDd door- to-door. The matter has been reported to the Sberift"s office, but people sbou1d be aware that CCS solicits by mail only. ORAL COMMUNICATIONS . Mr. Ferokh Debao, 10257 Nile Drive, asked that Council consider _ndil'll the provisions regarding credit for parks and .~~ open space. He suggested that the phrase "public interest~ be defined more clearly. Mr. Debao said that park aedit is November 21.1994 C~ City Council "2 · cunmt allowed either at 50"1. or DOt at all. He felt that was too restridive ad Council should have more discretion. Community Developmalt Dirmor Q)wm said that the new ordinance governing this issue would come before Council in December or Janwøy, and Mr. Debao's concerns could be addn:ssed at that time. Mr. Charles Fels, 10371 Westacra Drive. explained that there bad been a ~-Iong dci.ay in A_ping up a large quanIity of ~ leaves on his sIreet. In spite of severa1 telephone calls the problem was DOt .....,..dCd until Ioday. City IIIatf said that the work was done by a -.....bact firm, but Mr. FeIs did DOt feel that was an adequate exp1anatjon. Mr. Mike McNutt, 10368 W~ Drive. said be bad _ the A.ocper come 1sst Thursday but only one side of the street was c~ Today the wort was finally completed by two trucks and seveøI pe.JpIe. City M.úIaga Don Brown said there may have been some confusion about wbdbcr the streetsweeping service or the neighbors were .esponsible for clean up. He told Mr. FeIs and Mr. McNutt that be would follow up with them directly by telephone. · Mr. AI Hoffman. 10209 Nile Drive. refA...d to the Noveuber 7 item about City Center Associates D. He said that the Affordable Housing Commission, the P1anøing Commission. and three of the City Council didn't rea1Iy want the project approved, yet it's still going forward. The ~ will make a lot of money when the project is converted to coodominiums. Mr. Hoffman cautioned that Cupertino may end up 1i1œ Washington D.C., with large b1ocboflow-income 1x-ÏI'Ig CONSENT CALENDAR Koppel moved ad Sormscn Sf:oo-.A..J to adopt item Nos. 1,2. 3, 4, 6, and 9 as... T .-d. Motion carried 5-0. 1. Resolution No. 9235; Accoo..... payable for the paiod ftId;"g November 4, 1994. 2. Resolution No. 9236: ~ payable for the period eMiI1g Now:mber 10, 1994. 3. Resolution No. 9237; Salaries for the payroll period .....til'lg November 4, 1994. 4. Monthly Treasurer'srepolt IUd "'-~&1:1 "P"- for~, 1994. 6. Resolution No. 9238: Declaring an ÍIItIU to c:ooduct a public bearing COIIt,<.4d!g a nuisance on Parcel 326-22-032. 10110 r-:.......,. Avenue. storage of ttasb and debris in ftont, side and rear )'IØds. · 9. Resolution No. 9240: Desipng the Santa Clara County Transit DisIrict as the agency responsible to develop. adopt. upd"~. administer and enforce a Ccngestion Management Pt...au. for Santa Clara County and approving a joint powers ~ for administtation of the ............ November 1 \, \994 c~\\O City Couœil Paae 3 þ Yœ Mem'-'<o of the Ci~ COt1l!";II AYES: NOES: ABSENT: ABSTAIN; R.o..t;~ Burnett, Dean, Koppel, and Sorensen. None None None ITEMS REMOVED FPOM THE CONSENT CALENDAR 5. Review of Alcobolic Beverage Control licenses: (a) Flint Center. 21250 Stevens Creek Boulevard; (b) Chevron Gas Station, 11010 North DeAn7a Boulevard; (c) EI Molino Taco Grill, 19656 Stevens Creek Boulevard; (d) Coach House Liquon. 1655 Saratoga-Sunnyva1e Road. Counc. Sorensen said she was concerned about item S(b) because in the past Council had not permitted the sale of beer and wine fiom a gas station. City Manager Don Brown said this item would be pulled and referred back to staff. Sorensen moved and BumetI seconded to approve item Nos. S(a), S(c), and S(d). Motion carried 5-0. Item S(b) was pulled fiom the agenda. . 7. Resolution No. 9239; Supporting grant submittal to the Association of Bay Area Governments for a Western Santa Clara County Foothills Subregional planning Project. The Community Development Director reviewed the staff report and a supplen.eataI report with a revised resolution. He said there were two agencies req>oeshl'lg grants. One was the Congestion Management Agency and the other was a consortium of west valley cities. After discussion with the Public Works Director and Coone. Koppel, who was the City's CMA ..............bltive. staff recommends that both concepts be supported but that the CMA take priorty. The City Manager said that even if the west valley cities grant is not funded, it sbould still be supported and alternative fimds identified, but the regional app.œ...h should take priority. Sorensen IDO\ed and Burnett seconded to adopt revised Resolution No. 9239 as shown in the supplemental staff report. Motion carried 5-0. 8. Approval of the minutes of the November 7,1994, regular meeting. þ The City Clerk amended page 14, item 31, to show Burnett voting no on the enactment of Ordinance No. 1669, the reguiation of graffiti. She noted that a few other areas of the minutes would be modified to show a more consistent style of reporthg Council votes. Novanber 21, 1994 Cupertino City Council Paøe .. . Sorensen moved and Burnett seconded to approve the minutes as amended. Motiol'l carried 5-0. PUBLIC HEARINGS 10. Applic:aâon 14-ASA-94 - The Driving Machine. This was a public &...~ to consider an appea1 of Planning Commission approval. The application rcquesccd approval of a freeway oriented sign in accordance with Section 17.24.170 of the Cupertino Municipal Code for a business located at 10100 Bubb RoIId. (Appeal filed by Counc. Bumeu.) Community Oe\'elupø1el1t Director Cowan reviewed the staff report. He explained that staff bad recommended denial ~at'R' it could be pI( cedent- setting. The applicant bad described many examples of other freeway-«ientcd signs which were penniued by the City, usua1ly for large corporations. The Planning Commission felt there should be an opportunity for smaller b..silX~",", to have signs as well, ..Id approved the request. . Mayor Dean opened the public hearing. Mr. James Payne, the owoer and applicant, said he bad spoken to Counc. Burnett and felt they bad reacbed an aglccmcnt that the sign was acceptable. Counc:. Burnett exp1ained that be changed his mind ~aust he was initially conc:emed about the approval of a freeway-facing sign and wanted a chance to study the situation. He bad since 100ked at the location and reviewed the ordinance, which docs allow such signs with the permission of the Plannil'lg Commission. He felt t!x sign was not obcrusive and serves a useful communication purpose. and therefore witIwh.... his appeal. Mr. Payne said he understood and accepted the appea1 1'1""-' but asked tbIIt in the future more ddail be given in the notice of appea1 so that the applicant couIcI beuer uodastaDd and ~ the concerns of the appellant. He said in Ibis cae the appea1 was costly to him ~- of the delay and the preparabons inwIved in malång his case. and the issue involved was not clear. Coone. Burnett said Mr. Payne bad made a good point. Burnett moved and Sorensen seconded to withdraw the appea1 and xccpt the Planning C-ißÏon' s approval. Motion carried 5.0. . II. AppIiaIion 4-EXC-94 - Jeraldine K. Mitchell. This was a public h..-~ to consider an appea1 of Planning Commission approvù. The application rcquesccd an exception to allow a 5 ft. high fence in the front yard ~Ir in accordance with Chapter 16.28 of the Cupertino Municipal Code for a residence K-< ,oed at 8115 Hyannisport Dri\'e. (Appeal filed by Coone. Bumeu.) The Community Developlamt Director re\iewed the staff report and said staff had recommended dmial of the request t--Jlt_ they felt a unique bardsbip was November 2\, \?94 cupertino City Council Paae S · IICIC--y to justify the exception. Although the fence was IlllraCtÍve and they understood the owner's need for privacy, if this request wae approved there should be an exception made for SlIIII()Cf everyone. The PJ.nning Commissioø awarded the VIII'ÍInCe because of the proximity of Keimcdy School and the more inta1le 1eveI of activities than are usually found in a .~...;"I neighbomood. The City Managu explainc:d thai the Sberift"s ~fwg ( ~ was fium a Jaw-enf...<:eJDCIIf viewpoint thai there sbould be an unobstructed view of the front door. Mayor Dean pointed out thai R'Sidents on either side of this home have creaIed the ame situoation but without appIO\'" from the City. The public '-ins was opened. Ms. Geraldine Mitcbell. the applicant. said her fence would banD no one else. the I-n...wod:; along the top would .allow a view of the fiont door, and the design of the fence would blend wdl with the rest of the neighbotbood. SIte showed Council a board mounted with samples of the trash and food "".~~ wbic:h were thrown into her yard each day, along with some pbotographs of the yard. Ms. MitdJell said the activites at Kennedy School keep this neighborbood bus)' day and night. and the new reae.4Íon area that is planned will have a driveway facing her front door. · Counc. Burnett said he still agreed with the staff recommendation ~..- the setbacks wae decided upon after a considerable struggle to rnaintail'l open space in ftont yards. This would set a ...~ which would ob1ige Council to honor many other requests. Also, the applicant has the alternative of using shrubbery. He said there were three aItemaIÍ\'es: (I) Deny the application; (2) Approve the application; and (3) Approve the application and direct staff to change the standards for setbecks. Discussion followed regarding the ~. requirements for fences wnus an:bitectural features such as firqIIaœs Counc. Koppel said she su JpOOCd the PImmiI'Ig Commission lCO"o·"·....,........ '--- of the ..."..;..Jty of the!lCbool Counc. Su."'UWI _~ aod said dtIII some places SWTOIIIIded by shrubs were even more w..;':Pded than this ...UPUMl for a fenced courtyard would be. · Counc. Øltoti- asked if there was a way to build the solid part of the feoce below the 3-foot limit and have only the see wuvgb lattic-work above 3 feet. Mayor Dean said the most significant tbiøg to him was that the surrounding nëgJohnos hadn't complied with the law wbea CiOIIStrUCIing their feoœs. He ct1W""ed thai the code be chang:d to address specific areas 8CIOSS from a school. Burnett mowd to witbdr8w his çpeal aod accept the Pbmni"l Commission's approval of this exception, and also IIJO\'ed that a minute order be sent to the Planning Commission to invnti~ the ponibility of changing the ordiflSlllQC' to allow similar exceptions in cases where people have COI'sistent ...00I....ð with their street-side environment. Koppel secolllded. Motion carried S.(). Nowmbcr 21, 1994 cupertino City Council '.6 . 12. AppJ~ S-EXC-94 - Carry QueenlKornberg Assoc. This was a public: bearing to consider an appea1 of P1anning Commission approvaI. The application reqt.alod an exception to construct a new resideDœ on slopes greater than ~ to --etI the gøding qumIIÍty,lIId to set back the second fJoor less than 10 fee in ~..... with Sections 19.40.050 and 19.40.060 of the ~tido Municipal Code. Located at 22830 San J.- Road. (Appeal filed by Counc. Burnett.) The Community DeYeIopment Director said that Planning Commissiooer Harris wted .,.i."" the project I"'< ·'W the c:ondit:ons wa'e not p._.d in advance but were drawn up on the spot. The ocher Conuni!Jsic-'1eI'S felt it was an ex''''''1p1ary project IIId dido't want to delay it for two weeks to draw up the conditions. Ma)'OI' Dean said that be IIId Counc:. Burnett visited the site. Counc:. Burnett said ODe reason be had appea1ed these three projects Was only two Commissiooers bad voted and no one had adUally seen the project site. He visited the site himself IIId was convinced that this was the best situation that could be arranged on the hillside. IIId that it wou1d be the least obtrusive solution. In fact, i¡ wou1d be less visible than -])e exLchl1g borne. Counc:. Burnett withdrew his objection to the p.~ . The public hearing was opened but no one wished to speak on the matIa'. Coone. Sorensen said that she bad also visited the site. Burnett moved and Sotensen 5eOI'o-iM tl) withdraw the appea1 and accept the approval of the Plannillg Commi«ånot. Motion carried 5-0. NEW BUSINESS 13. Eodot- of the n,i_ New Year celebration to be held at DeAøza CulIege on J-1 29, 1995, by the n-nlvor ofC<-....""œ IIId the Asian ",.........,;ty. Counc:. SoIensen said that no funds would be provided. and she asked for Council's support. Soreosen moved IIId Burnett 5e(Q,,.v.t to eodorse the Ooi- e New Year ce1ebration. Motion carried 5-0. 14. Review IIId appointment of Council membeB to various boIrds IIId .... ......:-ï.- . SomIsen moved IIId BumtU seconded to """"'CJ the cbart of Council appoinlDkdb as follows: (I) Show Burnett as ."'1" ,I..~ive IIId Rlluri,.,. as alternate on Association of Bay Area Governments (ABAG); (2) Delete the Sanaa Clara County Transportation Commission; (3) Add Burnet: as the ''¥' ""':ve to a new commission, the Congestion Management Ageøcy (CMA) Policy ~..~..~~ .~~~..,., .,.""'_.. .~. .....- ......-""'.~~ November 21, 1994 C"t-Iiuu City Council Pap 7 . Advisory Committee; and (4) Show Dean as the Jep. .. .I..,:,'e to the West Va1Jey Mayors and City Managers. Motion carried 5-0. IS. Aønual Admini*llive review ofPbase I General Plan Annual Report. The eo....III..'¡ty DneIopment Director revieMd the staff report and exp1ained that this aaœal review is n:quired by state law. Council bad IIrady agreed to review sub,;1-.I;~ Geoc:nJ Plan iAues in March 1995. He said that one street ÍDtergec:tion bas gœe fiom a '1)" to an "E" c1assific:ation, but it was under the control of the City of Sunnyva1e. It would be identified wIleD the General Plan was reviewed in March. Mr. Ferokh Debao, 10257 Nile Drive. referred to the rcqui.~"" for minimum park size and asked bigber-density neighborlloods be given more priority. He also said the So-/...or-notJñng aedit resttictions for park dedication sbou1d be made more flexible, and that in-lieu fees for affordable housing sbould be raised. Mr. Debao refemd to a requirement that developers of low-income boIning meet with neighborbood groups, and be felt that SÍIOUld be extended to ~1opers of all types of housing projects. The Community Development Director said the Affordable Housing Comminee bad reviewed the in-lieu fees and will be coming back to the p.......il'lg Commio:åon with a reconunenda1ion. . Counc. Bautista asked t!Iat a notation be made that the 3.S-minimum park size is still under discussion. CoIDICÍI concurred to accept the report. Motion carried 5-0. ORDINANCES 16. Second r-ding and ~. I......... of Ordirmnce No. 1669: "An 01.1:.......'" of the City Council of the City of CupertiDo ft""""'il'lg Title 10 of the Cupertino Municipal Code By Adding ~ 10.60 Regarding Regu\aIion of Graffiti.. .. The City Clerk read the title of the "'d;....nçe Sorenseo mowd and Burncu !JeCOIIded to read the (lid.,......,.." by title only, and that tile City Clerk's f'P'Idil'lg constitute the second r-fÜ\g thereot: Motion carried 5-0. Sorensen moved and Rmtti_ seconded to enact Ordinance No. 1669. Motion carried 4-1 with Bumett voting no. . " November 21, 1994 CUyw~ City Council Page 8 . 17. Second ~il'lg and enactment of Ordinance No. 1672: MAn Ordinance of the City Council of the City of Cupertino Adding Chapter 1.6 to the Cupertino Municipal Code, Appeals of Administrative Decisions." The City Clerk read the title of the orrIi~ Burneu moved and Koppel seconded to read the orrIi.......... by title only, and that the City Clerk' 5 reading constitute the second reading theRof. Motion canied 5-0. Burnett moved and Koppel seconded to enact ()rdi~ No. 1672 Motion canied 5-0. 18. Second ,......til'lg and enactment of Ordinance No. 1673; MAn 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 Clerk read the title of the ordinance. Burneu moved and Koppel seconded to read the ordinanœ by tide only, and that the City Clerk's reading constitute the second reading theRof. Motion canied 5-0. . Burnett moved and Koppel seconded to enact Ordinance No. 1673. Motion canied 5-0. STAFF REPORTS The City Manager asked that a snxIy session be scheduled for a legislative and legal update. The meeting time chosen was Saturday, December 17, Conf...œcx Room A., ftom 9:00 80m. to 11;00 80m. The City Manager said that any comp1aints about noise on Highway 85 sbould be referred to Mr. Victor :ze,17IIIJIII in the CaIttans Envïronmental Section, at (510) 286-5677. COUNCIL REPORTS . Counc. Koppel said she bad met with Cal1rans "'Pi [- ....,;.es regarding signs on Higbwt:y 85 and asked for identification of the west valley cities. There are also requests to change the name of Sunnyval~ Road to DcAnza Road. Discussions continue regarding bow the HOV lancs affect on-ramp ttaffic towards Mountain View and about freeway ramp metering. The City Managa said there may be some tinkering with the on- ramp and off-ramp metering. If there are Itn~le backups created on neighborhood streets, CaItraDS is required to start freeway-to-freeway metering. Coone. Koppel said landscaping of the highway will begin in spring. The City Manager cautioned that the landscaping will not lower the sound levels. November 21, 199f Cupcrtiøo City CouDcil Pa¡e 9 . Cooøc. Bumeu said be bad --<led a meeting of county housil'lg developers regardmg the affonlable bousing project at Tantau and Ste\-ens Creen Boulevard. He plans to meet with them again, and they will try to address the neighbors' c:oncems about density, possibly tbrough mIuciDg buildi"l bcigbt or numbers of uaits, increasing phmring bcight, etc. Counc. So........... said tbat the next truancy court would be held in Council Cbambers on Deœmber IS at 5:30 p.m., presided over by Judge Terry. She encouraged people to drop by and observe. Counc. Scx-. also RqUCSted tbat staff provide an Sltt.....tA.""C report for boards and commissioas when Council meets to make next year's appoi......../lts. She also noted that speed limit signs were DOt replaced on Rainbow Drive after slurry !Jeal work.. ADJOURNMENT At 8;15 p.1O. the meeting was adjourned to December 5 at 5;00 p.m. . ~dItÚU~ Kim Marie Smith City Clerk .