Loading...
CC 06-16-97 CC-947 MINUTES Cupertino City Council Special Meeting June 16, 1997 ROLL CALL At 6:00 p.m. Mayor Bautista called the meeting to order in Conference Room A, 10300 Torte Avenue, Cupertino, California. Council interviewed the following applicants for a vacancy on the Parks and Recreation Commission: Carol Wright, Edye Stein, Andrew Zander, Paul Halen, and Richard Yemington. Ms. Edye Stein was appointed to the term ending Janua~, 2000. RECESS At 6:35 p.m. the meeting recessed, and reconvened at 6:45 p.m. in the City Council Chambers. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Bautista called the meeting to order and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Bantista, Vice-Mayor Michael Chang, Councilmembers Don Burnett, Wally Dean, and Lauralee Sorensen. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bautista presented Certificates of Achievement to new Eagle Scouts. Mayor Bantista read a proclamation honoring Deputy Lesa Pascali, California D.A.R.E. Officer of the Year. POSTPONEMI~NTS These items were postponed to July 7, 1997, at the request of staff: 22. Resolution No. 9877: Ordering vacation of a portion of Ricardo Road; retaining public utility easement. June 16, I¢97 Cupertino City Council Page 2 23. Resolution No. 9878: Ordering vacation of a portion of Miramonte Road; retaining public utility easement. WRITTEN COMMUNICATIONS None· ORAL COMMUNICATIONS None· CONSENT CALENDAR Dean moved to approve the items on the Consent Calendar as presented, with the exception of item No. 10 which was pulled for discussion. Sorensen seconded and thc motion carried 5-0. 1. Resolution No. 98(52: Accounts Payable, May 30, 1997. 2. Resolution No. 9863: Accounts Payable, June 6, 1997. 3. Resolution No. 9864: Payroll, May 30, 1997. 4. Approval of the minutes of the regular meeting of June 2, 1997. 5. Resolution No. 9865: Setting date for consideration of annexing area designated "Lomita Avenue 97-07,' property located on the south side of Lomita Avenue between Orange Avenue and Byme Avenue. 6. Review of application for Alcoholic Beverage Control license, Oliver's Cafe, 19541 Richwood Drive. 7. Approval of recommendation from Telecommunications Commission for award of two public access grants. 8. Acceptance of municipal improvements: Tract 8824 - Blaney Avenue, Kelly Gordon Development. 9. Acceptance of City project performed under contract: Quinlan Center Office Remodel, Project 96-8504 (AP Construction Company). 11. Resolution No. 9867: Approving change order No. 4 for Reconstruction of Curbs, Gutters and Sidewalks, Project 96-104. 12. Resolution No. 9868: Authorizing execution of agreement with the City of San Jose for the design, construction and maintenance of median island landscaping along De Anza Boulevard between Route 85 and Prospect Road. June ! ~, 1997 Cupertino City ~oun¢il Page 3 13. Resolution No. 9869: Accepting quitclaim deed for underground water rights from Mark E. Pass and Susan M. Pass; APN 326-35-051, 10490 Madera Drive. 14. Resolution No. 9870: Accepting quitclaim deed for underground water rights from Kelly H. Yama and Jeanette B. Yam_a; APN 326-20-015, 10196 Adriana Avenue. 15. Resolution No. 9871: Authorizing execution of agreement for the installation of stomi lines at Pruneridge Avenue at Wolfe Road; Developer, Irvine Apartment Communities, Inc. (Tandem Site).. 16. Resolution No. 9872: Approving parcel map and improvement plans of property, 10346 South Stelling Road, APN 359-13-040; Developer, E & H Third Family LP, a California Limited Partnership. 17. Resolution No. 9873: Calling for a general municipal election, November 4, 1997. 18. Resolution No. 9874: Requesting the Registrar of Voters to conduct the November 4, 1997, election and canvass of votes and requesting consolidation. 19. Resolution No. 9875: Determining charges and regulations for Candidate's Statement of Qualifications and other mailings for November 4, 1997, election. 20. Resolution No. 9883: Calling for an election and setting forth the wording for the ballot title related to council member tetsL~ limits. Vote Councilmembers Ayes: Bautista~ Burnett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Resolution No. 9866: Approving Change Order No. 2 for Creekside Park Improvements, Project 96-9208. Public Works Director Bert Viskovich provided an update on the project. He said that the overall project was on schedule and within budget. The additional amount is for a Council-approved change in the drainage of the sports fields. They are on target for completion in December. Burnett moved to adopt Resolution No. 9866. Chang seconded and the motion carried 5-0. June It;, 1997 Cupertino City Council Page 4 PUBLIC HEARINGS 21. Resolution No. 9876: Ordering abatement of public nuisance (brush) pursuant to provisions of Ordinance No. 724 and Resolution No. 9842 (Continued from the meeting of June 2, 1997.) The City Clerk explained that all of the brush problems on the affected properties had been abated by the property owners. When this process is undergone next year, the backup report will include a copy of the letter sent to property owners about the public hearing. Bautista opened the public hearing and there were no public comments. The public heating was closed, and Dean moved to adopt Resolution No. 9876. Burner seconded and the motion carded 5-0. 22. Resolution No. 9877: Ordering vacation of a portion of Ricardo Road; retaining public utility easement. (Staffrequests continnartce to the meeting of July 7, 1997.) Under "Postponements" Council concurred to continue this item to July 7, 1997, at the request of staff. 23. Resolution No. 9878: Ordering vacation of a portion of Miramonte Road; retaining public utility easement. Under "Postponements" Council concurred to continue this item to July 7, 1997, at the request of staff. 24. Public heating to adOPt the 1997-1998 fiscal year operating budget, establish an appropriation limit, approve the granting of a negative declaration, and a fmding of consistency with the General Plan for the Capital Improvements Program. (a) Resolution No. 9879: Adopting an operating and construction budget for fiscal year 1997-1998 by ratifying estimates of revenue to be received in each fund and appropriating moneys therefrom for specified activities and accounts and setting forth conditions of administering said budget. (b) Resolution No. 9880: Establishing an appropriation limit for fiscal year 1997- 1998. Bautista opened the public hearing. There were no comments from the public, and the hearing was closed. Sorensen moved to grant a negative declaration for the budget. Dean seconded, and the motion carried 5-0. Burner moved to adopt a finding of consistency with the General Plan for the Capital Improvements Program (CIP) budget. Sorensen seconded, and the motion carried 5-0. moved to adopt Resolution No. 9879 and 9880. Sune 16, I/)97 Cupertino City Council Page Sorensen moved to adopt Resolution Nos. 9879 and 9880. Burner seconded and the motion carried 5-0. 25. Public hearing to review the amount of revenue produced by the storm drainage service charge and the estimated cost of the city's Nonpoint Source Control and Storm Water Management Program; staff recommends no change in the amount of such charges. (a) Resolution No. 9881: Conducting an annual review of the Sto~iii Drainage Service Charge. Bautista opened the public heating. There were no comments from the public, and the hearing was closed. Burner moved to adopt Resolution 9881. Sorensen seconded and the motion carried 5-0. PLANNING APPLICATIONS 26. Application 15-U-96 (Mod.) - Sand Hill Properties (Tandem) - Use permit modification to modify the site and architectural plans of an approved hotel to increase the number of rooms from 160 to 171, to relocate parking from the central building on the west elevation, and other modifications related to the site plan, floor plan and conditions of approval. The property is located at 10741 North Wolfe Road and 19590 Pruneridge Avenue. Environmental determination: Categorically exempt. Recommended for approval. Community Development Director Bob Cowan reviewed the staff report and explained the changes that had been made to the plans. Mr. Mike Anderson, representing the applicant, said they had hired an architect to complete the working drawings, had been approved by Hilton Garden Inns to develop the hotel for which Hilton would be the franchisor, and had hired a construction consultant. The driving force for the design change presented to Council this evening was because the Hilton did not want cars parked under the building. The building was therefore shortened and parking was moved to the ends of the building. Mr. Anderson also discussed other changes including room heights, meeting room areas, and submerging a portion of the building to allow 5 levels on one end of the building and 3 levels on the other end. The building height has not changed. He explained a number of studies which indicate that actual parking demand ratios range from .69 to .86. The applicant feels that their proposed parking ratio of .93 is more than adequate to support this project. This hotel services will be for hotel guests only, primarily businessmen, many of whom come in teams of 2 or 3 people traveling in one car. Also, there is a retail shopping center next door with limited use at night and arrangements can be made for overflow parking. He asked that Planning Commission condition No. 8 be reworded because the condition seems to imply that the arrangement would impact the parking count at the center, and that is unacceptable to those investors. June It;, 1 )97 Cupertino City Council Page 6 _ They are willing to allow overflow parking as long as it's at non-peak hours and it doesn't negatively impact the parking count at their center. Mr. Anderson said that 35% of the spaces at the hotel would be for compact cars. He described in more detail the public facilities that would be available, including conference rooms, kitchen for breakfast only, small pavilion, weight room, sauna, and training area. Dean asked for clarification on the setbacks. At an earlier meeting the setbacks were said to be '95 feet to the exposed area and 110 feet to the balance of the building. Anderson said that he misspoke at one of the Planning Commission meetings. Although the setbacks had not changed, the City Planner and he thought they were 95 and 110 feet and later found out the numbers were 95 and 71 feet. Dean said he had misunderstood as well because he assumed that the exposed area on the outer wall, not the base wall, was 95 feet from the outer wall to the edge of the curb, and it's acl~j_ally 71 feet from the street to the edge of the building. Dean said he could accept the 95 foot setbacks, but the towers go up to 57 feet and the outer wall is only 71 feet from the street. That will place a very big building close to the street. Anderson said that the smallest portion of the building is 71 feet from the street, and 2/3 of the building is 95 feet away. The actual roofline of the building is only 47 feet so it far exceeds the 1:1 ratio that Council has discussed in prior meetings. The overall building is now 40 feet shorter, so the total length of the building is much less. Mr. Scott Lee, project architect, said the pitch of the roof had been changed from the original drawings. The overhangs have been reduced, but not significantly. The eave line in the center portion of the building is a little taller than in the original drawing, so it decreased the distance between the height of the roof line and the height of the tower. Burnett said he preferred the arches which tied the two windows together on ground floor, and also the double windows on the towers. Lee said the towers were redesigned with single windows to help anchor the ends of the building. The double arches were retained for the public areas of the building near a secondary entrance. If they were continued across the building, the proportions wouldn't be right since the number of stories had changed. Mr. Lee detailed the other changes that had been made to increase the visual interest of the building. Chang said he liked the changes that had been made, especially the shortened building, although he wasn't sure the roof pitch was right. He understood Dean's concerns about the setback but felt it was acceptable because 2/3 of the building was set back 95 feet. He agreed that condition No. 8 should be modified to clarify the intent. Burnett agreed with staff's recommendation on the parking and agreed to modify condition No. 8. He preferred a larger overhang and double windows on the towers. Sorensen said the front elevation was not as attractive as the original design. She asked that the landscape plan be returned to City Council and clarify the language on condition 8. She was concerned about the setbacks which are so close to the street. 1007 Cuper~o City Council Page Dean said his main concern was the inconsistency in the architecture and the setbacks. Bautista moved to approve the application per Planning Commission Resolution No. 4845 with the following amendments: (1) Require City Council review of the landscape plans; (2) Require a double row of windows on the towers located on the far left and right sides of the buildings and (3) Amend condition No. 8 to read as follows: "OVERFLOW PARKING AGREEMENT" An overflow parking agreement shall be prepared providing for overflow parking onto Cupertino Village I and II (Assessor's Parcel Numbers 316-05-056 and 315- 05-070) from the subject property, to be approved by the City Attorney for twelve spaces based on parking for 171 rooms, in effect from 9:00 p.m. to 9:00 a.m." Chang seconded the motion. Burnett offered an amendment to the motion to increase the size of the tower overhangs to 2 ft. 6 in. Bautista said he would accept the amendment. Cowan noted that there would be a break in the fascia line since the tower overhang will project out a little more than the roof overhang. Chang seconded the amendmem and the motion carried 3-2 with Dean and Soreusen voting no. 27. Applications 3-TM-97 and 16-EA-97 -Marv Kirkeby - Tentative map to subdivide 2 existing parcel totaling .83 acres into 5 residential lots, ranging from 6,610 sq. ft. to 7,745 sq. ft. The project is located at 11354 and 11350 South Stelling Road. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. Community Development Director Bob Cowan reviewed the staff report. Mr. Steve Zankich, 11350 S. Stelling, the applicant, said he would agree to put in curb only, or maybe a future sidewalk or a sidewalk farther down the street, but he didn't want to affect the Sekhon property if it could be avoided. Mr. Rupi Sekhon reviewed a letter signed by himself, Niki Sekhon, and Tony and Katherine Wong. The letter asked that Council consider alternatives to minimize the hardships which will be caused by the proposed adjustments to the fence lines. The area between the Sekhon's house and the street is their recreation area, and the Wong's house is only thirteen feet from the existing fence line. The proposed adjustments would put them much closer to the street. He suggested some alternatives so that the city would not have to take the property. Cowan explained that when Mr. Sekhon purchased this property he was not aware of the conditions which specify the location of his front yard, and the house is placed on the property in such a way that the side yard is used as a front yard. He said a fence exception could be granted to allow the fence to meander to create a pleasant street,scape and yet still provide some private yard space for Mr. Sekhon. lune l t;, 1/)07 Cupertino City Council Page I _ Mr. Sekhon said that when his neighbor's home addition is constructed (the Wong's property), he will have to relinquish the access on the north side of his property and create a new driveway f~om the south side.. Discussion followed regarding various options, including the possibility of making this a shared driveway instead of a street, making it a private street, installing a monolithic sidewalk, eliminating parking on one both sides of the street, options for changing the fence-line and retaining some private yard space, Sorensen said she preferred that there be no sidewalks on this cul-de-sac. Viskovich explain that it was important to provide a safe place for children to play. Bumett moved to grant a negative declaration. Sorensen seconded and the motion carded 5-0 Burner moved to approve the application per Planning Commission Resolution No. 4843 with this amendment: There shall be no sidewalk on the north side leading into the cul- de-sac. The sidewalk shall commence in front of Lot No. 1 with plans to provide a sidewalk to the south side leading to Stelling. The road shall be 28 ft. wide with parking on one side of the street. Chang seconded and the motion carded 5-0. UNFINISHED BUSINESS None. NEW BUSINESS 28. Review of bids and award of contract for Stomi Drain Installation - Homestead Road at DeAnza Boulevard, Project 9% 104. Public Works Director Bert Viskovich explained that the two lowest bids contain errors which cannot be waived and were deemed non-responsive. The remaining bid is substantially higher than the two lowest bids. Dean moved to reject all bids and authorize staff to re-advertise the project. Sorensen seconded and the motion carried 5-0 29. Resolution No. 9882: Regarding the Cupertino Code of Campaign Ethics and thc American Association of Political Consultants Code of Ethics for the 1997 City Council election (Continued from the meeting of May 5, 1997). The City Attorney recommended approval of the resolution which would direct the City Clerk to distribute ethics forms and provide infomtation about how to contact the Cupertino Campaign Ethics Committee. June 16, 1997 Cupertino City Council Page 9 Ms. Nadine G-rant, representing the Cupertino Campaign Ethics Committee, emphasized that the forms are still voluntary, One is based on a foLg,, created by the American Association of Political Consultants and the other is a blending of foims from two different ethics centers. She said that behavior tolerances vary fxom one city to the next, so it is important that the code of ethics be clear to everyone. In this way they can eliminate any assumptions and illustrate what is acceptable campaign behavior. Sorensen moved to adopt Resolution No. 9882. Dean seconded and the motion can'ied 5-0 30. Review of bids and award of contract for Street Maintenance, Slurry Seal, Project 97-102. Public Works Director Bert Viskovich reviewed the staff report. Dean moved to utilize the alternate bid and award the project to the lowest bidder, Valley Slurry Seal, in the amount of $207,548.60; and authorize a 5% contingency fee for a total project of $217,926.00. Sorensen seconded and the motion carried 5-0. 31. Review of bids and award of contract for Annual Overlay, Project 97-103. Public Works Director Bert Viskovich reviewed the staff report. Dean moved to award the project to the lowest bidder, O'G-rady Paving, in the amount of $329,973.45; and authorize a 5% contingency fee, and authorize the carryover of ail remaining funds in Activity No. 8404 into fiscal year 1997-98. Sorensen seconded and the motion carried 5-0. 32. Resolution No. 9884: Resolution Establishing Rules for Acceptance of Proposals for the Lease of the City's Water System. Public Works Director Bert Viskovich reviewed the staff report. The City Manager said that staff had already held a press release, and a public hearing would be held once the bids had been received. Sorensen moved to adopt Resolution No. 9884 authorizing staff to solicit proposals for the purpose of leasing the water utility to either San Jose Water or California Water. Chang seconded, and the motion carded 5-0. ORDINANCES June 16, 1997 Cupertino City Council Page 10 STAFF REPORTS 33. Description of the County of Santa Clara sponsored "Cupertino Urban Pockets Program" pertaining to issues involving unincorporated County islands. Community Development Director Bob Cowan said that this report was for information only, and no Council action was needed at this time. The report indicated that in January the city began to consider pre-zoning 11 properties in the Garden Gate neighborhood. Council elected to delay specific zoning applications pending neighborhood meetings and possibly public heatings to consider rezoning the entire area. In the meantime, the County is conducting a program which includes surveying neighborhood residents living in urban islands about annexing to cities. Council concurred to receive the report. COUNCIL REPORTS Sorensen discussed a forum for candidates sponsored by the League of Women Voters and reviewed the agenda for the Fourth of July activities. She said that a total of $20,000 in donations had been received. CLOSED SESSION Mayor Bautista announced that he would abstain from participation on the closed session because of a conflict of interest on all items involving the O'Brien Group. At 9:20 p.m. he left the meeting. At 9:20 p.m. Council recessed to a closed session to consider (1) Significant exposure to litigation - Government Code Section 54956.9Co)(1) - prospective litigation involving the O'Brien Group; and (2) Labor negotiations - Government Code Section 54957.6. At 9:54 p.m. the meeting reconvened and the City Attorney announced that direction had been given to the negotiating team to negotiate with respect to certain options. No final action was taken. At 9:54 p.m. the meeting was adjourned. City Clerk