CC 09-15-97 CC-952
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Cupertino City Council
Regular Meoting
September 15, 1997
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Vice-Mayor Chang called the meeting to order in the Council Chambers, 10300
Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Bautista (6:55 p.m.), Vice-Mayor Michael Chang,
Councilmembers Don Bumett, Wally Dean, and Lauralee Sorensen. Council members absent:
None.
Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City ARomey Cluirlcs
Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob
Cowan; Parks and Recreation Director Steve Dowling; Public lnfosmation Officer Donna Krey;
and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMF. NTS
Community Development Director Bob Cowan said that staff requested a continuation of Item
No. 17 to October 6, 1997. City Attorney Chuck Kilian said that there may be a deadlock on the
vote since Mayor Bautista will be abstaining on this item. The applicant bas verbally requested a
contim,ance to a time when there would be five Council members available to vote, but no date
has been specified. Council also had the option of taking this item off calendar, ad directing staff
to re-notice it when it is next scheduled.
Dean moved to continue this item to October 6. Sorensen seconded and the motion carded 4-0
with Bautista abstaining.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Sorensen moved to adopt the items on the Consent Calendar as presented, with the exception of
item Nos. 14 through 16 wMch would be considered after the enactment of item No. 20. Chang
seconded and the motion carded 5-0.
S~ptember 15, 1997 Cupertino City Council Page 2
_ 1. Resolution No. 9951: Accounts Payable, September 5, 1997.
2. Resolution No. 9952: Payroll, September 5, 1997.
3. Resolution No. 9945: Approving agreement and map of Tract No. 8980, west side of
Wolfe Road at Pruneridge Avenue, Tandem Computers, Inc.
4. Resolution No. 9953: Approving change order No. 5 for Creekside Park, Project 96-9208.
5. Acceptance of municipal improvements: Tract No. 8778, Upland Court, Picetti
Conslxuction.
6. Minutes of the adjourned regular meeting of September 2, 1997.
7. Resolution No. 9954: Making determinations and approving the annexation of territory
designated "Byrne Avenue 97-08", approximately 0.234 acre, west side of Byrne Avenue
between Dolores Avenue and Alco?a? Avenue; Carter (APN 357-11-032). (Continued
tiom August 18, 1997.)
fl. Resolution No. 9955: Making determinations and approving thc annexation of territory
designated "Almaden Avenue 97-01", approximately 0.228 acre, north side of Almaden
Avenue between Lomita Avenue and San Femando Avenue; Chang (APN 357-15-021 ).
9. Resolution No. 9956: Setting date for consideration of annexing area designated Alcazar
Avenue 97-10", south side of Alcazar Avenue between Orange Avenue and Imperial
Avenue; approximately 0.183 acre, Kang (KC&J Investment, LLC) (APN 357-19-013).
I0. Resolution No. 9957: Setting date for consideration of annexing area designated "Byrue
Avenue 97-03", east side of Byme Avenue between Granada Avenue and Hermosa
Avenue; approximately 0.209 acre, Lee, Liong, Wang (APN 357-16-02 I).
I 1. Monthly Treasurer's and Budget Report - Jtlly, 1997.
12. Resolution No. 9958: Approving final plan and agreement for 10152 Camino Vista
Drive, Chiao-Fu Chang and Sue-Fay L. Chang.
13. Resolution No. 9959: Accepting quitclaim deed and authorization for underground water
rights from Chiao-Fu Chang and Sue-Fay L. Chang, APN 342-14-060, 10152 Camino
Vista Drive.
Vote Council members
AYES: Bautista, Bumett, Chang, Dean, and Sorensen.
.-. NOES: None.
ABSENT: None.
ABSTAIN: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR- None
$~ptember 15, 1997 Cupertino City Council Page
PUBLIC HEARINGS
17. Applications 6-U-97, 4-TM-97, 5-Z-97, 2-DA-97 and 15-EA-97 - Steve Zales/O'Brien
Group (Diocese of San Jose) - Public hearing to consider a Development Agreement for
the following: Use Permit to construct 178 residential units and ancillary improvements
on approximately 67 acres of the 212 acre property. Tentative Map to subdivide
approximately 67 acres of the 212 acre property into 178 lots. Rezoning approximately
67 acres of the 212 acre property from Agriculture (a) zone and Q~_~a_si-Public (BQ) Zone
to Planned Development/Residential IP/RES) Zone and 145 acres from Agriculture (A) to
Public park or Recreation (PR) Zone. Located south of 1-280 and west of Foothill
Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard (APNs
342-05-054, -056, -059, -060 and 342-52-003. Environmental Determination: The
Planning Commission recommends the granting of a negative declaration.
Recommended for approval. (Continued from the meeting of August 18, 1997; staff
requests continuance to October 6, 1997.)
(a) Resolution No. 9934: Authorizing execution of development agreement.
Co) First reading of Ordinance No. 1763: "An Ordinance of the City Council of the
City of Cupertino Amending Title 19 of the Cupertino Municipal Code by
Rezoning Approximately 212 Acres Located South of 1-280 and West of Foothill
Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard
from Agriculture (A), Quasi-Public (BQ) Zone to Planned Develop-
mentJResidentian (P/RES) Zone and Rezoning 145 Acres from Agriculture (A)
Zone to Public Park or Recreation (PR) Zone (Application 5-Z-97).'
Under "Postponements," Dean moved to continue this item to October 6. Sorensen
seconded and the motion carried 4-0 with Bautista abstaining.
18. Consideration of appeal of Planning Commission decision regarding Application 18-U-96
(Modified), which was a request for a use p~mfit modification to remove protected trees
located at 1287 Gardenside Lane (Lily Chang, Chalet Woods, applicant/appellant).
Community Development Director Bob Cowan reviewed the staff report. He sand that
staff recommended replacing the removed walnut trees.
Mr. Kip I)u Puis, general contractor, said that the demolition contractor accidentally
removed the trees because they couldn't get within 20 feet of them, as there was garbage
and debris almost 4 feet high. He asked that they be allowed to replace those trees with
four 24" evergreens toward the front of the property, since they would grow faster and
have a better impact overall on the neighborhood. He noted that if the trees were to
replaced in the back yard it would be difficult to maintain them and monitor their health.
Council members discussed the estimated cost of box trees and field-grown trees, and
expressed their disappointment that the original trees had been removed.
fleptember 15, 1007 ~uperfino City Oounc~l Page 4
Dean moved to deny the appeal and to amend the Planning Commission recommendation
to reflect the staff's recommendation: The applicant shall replace the two removed walnut
trees with two field-grown oak trees, approximately 8" in diameter, planted in
approximately the same location as the removed trees prior to final occupancy. The cost
is estimated to be $4,000 to $5,000 each. Sorensen seconded, and the motion carried 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
19. Resolution No. 9963: Authorizing Participation in the Association of Bay Area
Governments' Power Purcba.~ing Pool.
Administrative Services Director Carol Atwood reviewed the staff report. She said that
this process would involve forming a joint powers authority and a direct access electric
agreement. The 1995 Natural Gas Purchasing Program was created to pool purchases and
there have been savings of about 7% so far. The City wanted to be the first in on the
electric pool, since it is estimated that first year savings will be $30,000-$50,000 and in
2001 may be as high as $300,000/year when the PUC transition change ends.
Sorensen moved to adopt Resolution No. 9963, subject to the City Attorney's approval of
the language in the agreemem. Bautista seconded and the motion carried 5-0.
ORDINANCES
20. Second reading and enactment of Ordinance No. 1764: "An Ordinance of the City
Council of the City of Cupertino Amending Ordinance No. 1750 Regarding a Condition
of Approval for Application No. 6-Z-96, a Parcel Located at 10741 North Wolfe Road
and 19590 Pruneridge Avenue (Application No. 6-Z-96, Modified)."
City Attorney Charles Kilian explained that this is the ordinance that allows the
development to proceed. There was a condition that the City be in receipt of a fully
executed copy of the Hilton Inn's Licensing Agreement contingent only upon the sale of
the property being consummated. Kilian said he had just received it today, and copies
were on the dais for Council. He said he had reviewed it and approved it as to fo~m, and
Council could proceed with the second reading. Kilian said the letter had listed a number
of contingencies that had to be fulfilled. These are not mentioned in this agreement, so it
appears that the agreement is not contingent upon any of those items occurring. The only
contingency, other than the noiiiial contingencies that are in these agreements in any
event, is the contingency on sale, and that would be in paragraph 20 of the agreement,
page 12. He said that this is about as far as Hilton can go under the circumstances and it
_ adds an additional insurance to the hotel proceeding.
The City Clerk read the title of the ordinance. Burnett moved and Chang seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 4-1 with Sorensen voting no.
September 15, 1997 Cupertino City Council Page 5
-' BUrneR moved and Chang seconded to enact Ordinance No. 1764. Motion carried 4-1
with Sorensen voting no.
Kilian noted that this is an unusual map because they are doing escrow instructions
regarding the map, and item Nos. 14-16 are improvement agreements that relate to the
final map.
Burner moved to approve the Consent Calendar items 14-16. Chang seconded, and the
motion carded 5-0.
14. Resolution No. 9960: Authorizing execution of improvement agreement, Benchmark
Homes LLC, Tract 8980, west side of Wolfe Road at Pruueridge Avenue, Tandem site.
15. Resolution No. 9961: Authorizing execution of improvement agreement, Cupertino Hotel
Associates LLC, Tract 8980, west side of Wolfe Road at Pmnefidge Avenue, Tandem
site.
16. Resolution No. 9962: Authorizing execution of improvement agreement, SNK Arioso, L.
P., Tract 8980, west side of Wolfe Road at Pruneridge Avenue, Tandem site.
Vote Councilmembers
Ayes: Bautista, Bumett, Chang, Dean, and Sorensen
Noes: None.
Absent: None.
Abstain: None.
STAFF REPORTS - None
COUNCIL REPORTS
Sorensen reported that she had attended the CDBG meeting. They are preparing to review
funding for the upcoming year, and will collect back any funds that the cities did not spend.
Chang said he attended the Leadership Cupertino kick-off and that it will be an excellent
opportunity for residents to get involved with learning about the city and county.
Burnett said that at the meeting of the Santa Clam County Cities Association the City of Santa
Clam discussed their desire to provide their own emergency response with their own fire
department instead of county firefighters. He said the difference in response time was striking,
taking as much as 7 minutes longer if the service was provided by contract firefighters. At that
meeting a vote was taken to request that the legislature provide cities with more control over
- emergency response. Sorensen said that she sat on that county committee, and got a different
picture at the county level.
~eptember /:5, 1997 ~upert[no City Council Page
CLOSED SESSION -- None.
ADJOURNMENT
At 7:30 p.m. the meeting was adjourned.
City Clerk