CC 03-03-97 CC-940
M/N'UTES
Cupertino City Council
Regular Adjourned Meeting
March 3, 1997
ROLL CALL
City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen,
Councilmembers Don Bumett, Michael Chang, and Wally Dean. Council members absent:
None.
Staffpresent: City Clerk Kimberly Smith.
INTERVIEWS FOR PARKS AND RECREATION COMMISSION
At 6:00 p.m. in Conference Room A the City Council interviewed the following individuals for a
partial term on the Parks and Recreation Commission ending in January, 1998: Mr. Frank
Jelinch; Mr. Ray Epstein; Ms. Donna Axelson; Mr. Kermit Skromme; and Ms. Carol Wright.
The City Council appointed Mr. Frank Jelinch to the unscheduled vacancy.
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Bautista called the meeting to order in the City Council Chambers, 10300
Torte Avenue, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor John Bautista, Vice-Mayor Lauralee Sorensen,
Councilmembers Don Bumett, Michael Chang, and Wally Dean. Council members absent:
None.
Staffpresent: 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 DirecWr Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS
None.
POSTPONEMENTS
None.
Mar h 3, 1997 Cupertino Co. c½1 Page
WRITTEN COMMUNICATIONS'
None.
ORAL COMMUNICATIONS
Ms. Rayme Waters introduced herself to the Council and said that she is the new manager of
State and Local Governmental Affairs for Apple Computer. Ms. Waters said she will serve as
liaison between the city and her company, and was looking forward to working with Cupertino.
Mr. Werner Ganz, 1015 Lanark Court, Sunnyvale, said at the last meeting' Councilmember
Burnett had mentioned state mandates regarding housing. Mr. Ganz said there was no mandate
for development which would create high density, traffic gridlock, or unattractive affordable
housing. He felt that developers were taking advantage of the situation, and asked if the City
Council was properly serving the citizens. The decisions that they would make about
development in this area would affect his quality of life, particularly air pollution and traffic.
CONSENT CALENDAR
Chang moved to approve the items on the Consent Calendar as presented. Sorensen seconded
and the motion carded 5-0 (with Sorensen abstaining on Item No. 4, minutes of February 18).
1. Resolution No. 9795: Accounts Payable, Febpmry 14, 1997.
2. Resolution No. 9796: Accounts Payable, Febr-Ary 21, 1997.
3. Resolution No. 9797: Payroll, February 21, 1997.
4. Approval of minutes of February 18, 1997, regular adjourned meeting.
5. Review of applications for Alcoholic Beverage Licenses: (a) Thrifty Payless, Inc., 20580
Homestead Road. (b) Katmandu West, 20916 Homestead Road.
6. Resolution No. 9798: Authorizing destruction of records.
7. Miscellaneous budget adjustments.
8. Resolution No. 9799: Approving change order No. 2 for Somerset Park, Project No. 96-
9102 .................
9. Acceptance of city projects performed under contract: (a) Somerset Park Improvements,
Project No. 96-102 (Jensen Corporation); Co) Demolition of 10431, 10461, 10471 Miller
Avenue Homes, Project 96-113 (Randa~7o Enterprises Inc.).
10. Acceptance of municipal improvements: 10411 Byrne Avenue, Brian Kelly
Development.
March 3, 1997 Cupert'mo City Council Page 3
11. Resolution No' 9800: Approving f'mal plan and improvement agreement; Developer,
Shyh Hung Yinn; 10160 Camino Vista Drive.
12. Monthly Treasurer's Report and budget update, January, 1997.
13. Authorization to allow a hot dog vendor at the Annual Education Day special event at
McClellan Ranch Park.
Vote Councilmembers
Ayes: Baufista, Buroett, Chang, Dean, and Sorensen
Noes: None.
Absent: None.
Abstain: Sorensen (minutes of February 18, 1997)
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
PUBLIC HEARINGS
Community Development Director Bob Cowan reviewed item Nos. 14 and 15 together.
Mark Kroll, representing the applicants, said that the City Center area is the best remaining place
in the city to accommodate additional homing, which is badly needed for the long-term health of
Silicon Valley. It will cause only a minimal impact on traffic, given the mixed-use nature of City
Center. They believe that changing the zoning and the specific plan as recommended by staff
would be in direct conflict with the general plan. It calls for 300 units of housing in the Heart of
the City and these changes would eliminate that possibility. He noted that there have been three
failed retail uses on the small site, and the market has shown that a small size retail use at that
site just won't work.
Discussion followed regarding the mixed-use site and what would be appropriate height, setback,
and uses for that parcel. There was consensus to keep parcel 22 zoned for parking only, and
there were concerns about height and setbacks for the mixed-use parcel along DeAnza
Boulevard. Council members discussed their preferences for that site, including retail,
commercial, residential, or a combination, Burnett and Baufista felt that sandpiling buildings
was not necessary. Dean noted that a major financial institution had contacted him about the
hotel site, and they xvould be in touch witk Mr.. Kroll.shorfly...
Sorensen and Bautista suggested that the zoning remain flexible on the DeAnza Boulevard
parcel. Burnett said that there has been 91,000 square feet of extra development put in the
general plan over what the basic plan originally had, and one bonus was for 50,000 square feet.
He felt that there is already enough office space and he did not favor more commercial uses at
this site.
March ~, 1097 Cupertino City Council Page
14. Application No(s). 81,052 and 31-EA-96 - City of cupertino - Amendment to the Stevens
Creek Boulevard Specific Plan (Heart of thc City) to define future office, hotel and
commemial sites, their future development intensities, and to make a deletion or
modification to the medium density residential overlay and to transfer 141,000 sq. ft. of
office development allocation from Apple Computer, Inc. to Symantec Corporation in thc
area commonly known as City Center. The property is located in an area bounded by
Stevens Creek Boulevard, Tone Avenue, Rodrigncs Avenue and South De Anza
Boulevard. Environmental Determination: The Planning Commission recommends the
granting of a negative declaration. Recommended for approval.
(a) First reading of Ordivance No. 1753: "An Ordinance of the City Council of the
City of Cupertino Adopting Amendments to the Stevens Creek Boulevard
Specific Plan (The Heart of the City) Which Defines Appropriate Land Uses and
Intensities for Land in the City Center Area and Approves the Transfer of 141,000
Square Feet of Office Development Allocation from Apple Computer to
Symantec Corporation for an Office Building Project in the City Center Area
(Application No. 81,152)."
Sorensen moved to grant a negative declaration for 31-EA-96. Dean seconded and the
motion carried 4-1 with Bumett voting no.
Dean moved that: (1) Lot 22 shall remain parking; (2) Lot 29 shall remain designated for
-- a hotel with ancillary uses; (3) Allow all options (retail, office, or residential) on the
mixed-use parcel; (4) First phase closest to DeA~Ta will have two stories maximum; and
(5) Second phase will have three stories maximum. Sorensen seconded.
City Manager Don Brown said that the setbacks could be addressed as a design issue
when an application is filed. Cowan said that they could use the Stevens Creek
Boulevard setbacks, and staff is currently looking at the issue of establishing a standard
ratio of height to setback. Bautista asked that the motion be amended to change the
phasing from two and three stories to a maximum of 30 and 40 feet high, respectively,
and using the setbacks as established in the Stevens Creek Specific Plan. Dean and
Sorensen accepted the amendment. The motion carried 4-1 with Bumett voting no.
The City Clerk read the title of Ordinance No. 1753. Sorensen moved to grant a negative
declaration. Dean seconded, and the motion carried 4-1 with Burner voting no.
Sorensen moved and Dean seconded to read the ordinance by title only, and that the City
Clerk's reading would.constitute the first .reading thereof;_and..that_ the ordinance be
modified to include the items in the previous motion. Motion carried 4-1 with Burnett
voting no.
March 3, 1097 Cupertino City Council Page
~ 15. Application No(s). 2-Z-83 (Modified) and 32-EA-96 - City of Cupertino - Modification
to the Planning Development Zoning to define future land use types, development
intensities and building forms in the area commonly known as City Center. The property
is located in an area bounded by Stevens Creek Boulevard, Torre Avenue, Rodrigues
Avenue and South De Anza Boulevard. Environmental Determination: The Planning
Commission recommends the granting of a negative declaration. Recommended for
approval.
(a) First reading of Ordinance No. 1754: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 19 of the Cupertino Municipal Code By
Modifying the Planned Development Zoning of Approximately 21.9 Acres to
Restrict the Land Uses and Building Heights of Certain Parcels of Land Located
in the Southeasterly Quadrant of Stevens Creek and De Anm Boulevards
Commonly Known as The City Center Area (Application No. 2-Z-83
(Modified)."
Sorensen moved to grant a negative declaration for 32-EA-96. Dean seconded and the
motion carried 4-1 with Burner voting no.
The City Clerk read the title of ordinance No. 1754. Sorensen moved and Dean Seconded
to read the ordinance by title only, and that the City Clerk's reading would constitute the
first reading thereof. Motion carried 4-1 with Burnett voting no.
PLANNING APPLICATIONS
16. Application No. 8-TM-96 - Sandhill Properties (Tandem Computers, property owner) -
Tentative Map to subdivide 10 acres into 12 lots to allow 7 single-family residences, 201
apartments on 1 lot, private driveways, a community center, park elements and a hotel.
Environmental determination: The Planning Commission recommends the granting of a
negative declaration. Recommended for approval. (Continued from the meeting of
February 3, 1997.)
Community Development Director Bob Cowan reviewed the staff report.
Mr. Don Peterson, representing S & K Multi-family, highlighted the recreational facilities
and amenities, and showed where these areas were located on the site. Bumett suggested
they consider a different variety oftreas and plants for the children's play area and around
the buildings. He .said_that they would _work.with their landscape architect to make those
changes.
Mr. Mike Anderson, Sandhill Properties, said there would be a solid mw of trees along
the boulevard leading to the Marriott hotel. Also, although these drawings have not been
changed, the roundabout intersection has been removed from the plans. Mr. Anderson
asked for further consideration of Condition No. 6 on the tentative map regarding
development phasing. About 70% of the project is some type of housing and that will
drive the financing to get the project going. Because it is tied to the hotel site it makes it
g, 1007 ( upertino ( ouncll Page 6
di c t to He ked on fion dele d compl ly, or
it at le~t be modified in ~,se ways to ~low men~ent of development phasing: (1)
remove ~fe~nce to ~e podim deck; (2) ~q~ a co~i~ent to ent~ imo a ~chse
a~ement ~M of a ~l-blom a~emem, ~d (3) req~re ~t pl~ be subdued to
~e ciW ~ste~ of mq~ng ~t pl~ submi~d m ~e ciW ~ approved. ~e m~on for
~s is ~at ~e approv~ process for ~ose pl~s my delay ~e en~e project. He ~so
~ed ~t ~ey ~ ~lowed to submit ~e pl~s ~ ~o se~en~. ~e fo~tion ~d
subs~c~ pl~s wo~d be submiRed first so ~t ~e ciW co~d ~g~ its ~view process,
~d ~e s~e~ pl~s wo~d be subbed ~ ~e follo~ng weeks.
Comcil discussed ~e applic~t's suggestion. ~ey conc~d ~t ~e l~&caping ~d
recremio~ ~e~ ~ p~sented were fine, ~d ~at ~e odgin~ motion did ~cate ~t
b~l~ngs 7, 8, ~d 9 woffid be held up but ~t ~e ~dim deck could be cons~cted.
~e~ ~ ~so consensm on ~c~g a co~i~ent to enter into a ~e~se a~ement
~ long ~ ~t w~ a ~Ren co~ent.
So~nsen felt ~at ~e pl~ should be app~ved befo~ ~e applic~t co~d ~quest ~
~en~em to ~e development ph~g. De~ s~d he wo~d not ague to w~ve
condition 6.
Cowan noted that Condition No. 5 should also be amended to add a reference to
indemnifying against any possible CEQA challenges. He explained that once complete
construction drawings are submitted, it will take from 4 to 8 weeks to complete the plan
checks. A deteimination can be made within a week whether the plans are substantially
complete.
Bautista said he would agree to amend Condition 6 to indicate that if the plans are
substantially complete as submitted, as determined by staff, then the applicant could
come back for a phasing change.
Burnett moved to approve the application per Planning Commission Resolution No.
4822, with the following amendments: (1) Amend Condition 5 to add that there shall be
indemnification regarding any possible California Environmental Quality Act (CEQA)
challenges; and (2) Amend portions of Condition 6 regarding development phasing to
delete the reference to the podium deck; to indicate that the applicant must obtain a
written commitment to enter into a franchise agreement; and that all plans for the hotel
(both foundation and structure) must be submitted and deemed substantially complete per
staff's recommendation. Chang seconded and the motion carried 3-2 with Dean and
Sorensen voting.no .....
Burner moved to grant a negative declaration. Chang seconded and the motion carried 4-
1 with Dean voting no.
March 3, 1997 Cupertino City Council Page 7
_. · 17. Application No(s). 10-TM-96 and 38-EA,96 - Lands of Tressler - Tentative map to
subdivide a 2.49-acre parcel located at 22110 McClellan Road into 9 lots. Environmental
Detenidnation: The Planning Commission recommends the granting of a negative
declaration. Recommended for approval.
Community Development Director Cowan reviewed the staff report and answered
questions from Council, including their concerns about the width of the lots. Dean said
that, with the setbacks, this will create the same problem that they had on Cupertino
Road. Cowan said that if they compared these lots with lots at Linda Vista, these are
about 10 feet narrower, but the lots are larger.
Mr. Ron Socorra, representing the applicant, said they were agreeable to all the
conditions suggested by the Planning Commission. He said they did need clarification
regarding Condition No. 15 which required a retaining wall. The retaining wall is no
longer necessary because there is now a condition for a landscaping strip in that same
area. Cowan agreed that was correct.
Ms. Chain Agrawal, 22191 McClellan, said that a traffic study should have been done on
the traffic conditions on McClellan, especially in light of potential traffic accidents. She
asked if this road should open onto Rae Lane instead of McClellan. Every morning she
has to wait 2-4 minutes just to get out of her driveway because of the traffic. She also
asked about bicycle or pedestrian access on McClellan. Cowan said that a planning
-' commissioner made a motion to require a traffic study, but that motion failed. Also,
additional bike or pedestrian access would require the property owners to buy some
additional property, and it was not deemed a sedons enough pwblem to justify that step.
Dean said that the access to Rae Lane was a novel idea. School traffic makes that area
particularly bad, and he was concerned that the houses on 60-foot wide lots would look
like a trailer park. Sorensen said she would prefer that the lots be 70 feet wide. Bumett
said that even if there were access to Rae Lane, most drivers would still have to get out
onto McClellan anyway. He was willing to approve it as is, but felt that 70-foot wide lots
would be more estbetically pleasing. Chang said he would support less density. Bautista
said the trend these days is to build very large homes, and he favored lowering the floor
area ratio by increasing the size of the lots by removing one lot. He said there was
consensus to remove one lot and this should be sent back to the Planning Commission.
The City Attorney said that the applicant has the option of asking Council to take action
on it at this time.
Mr. Mary Kirkeby, Civil Engineer, said these lots are far in 'excess of the 7,500 square
feet required by this zone by 1,000 feet or more. He said they would prefer to come back
with an amended plan before the Planning Commission rather than having this denied and
starting over again.
Sorensen moved to refer this item back to the Planning Commission for a report on the
City Council's direction to reduce the number of lots from 9 to 8. Dean seconded and the
motion carried 5-0.
March 3, 1~}7 ~2upertino Gty (2oundl Page
UNF~IS/~F~D BUSINESS
18. Review of bids and award of contract for Creekside Park Improvements, Project 96-9208.
(Continued from the meeting of February 18, 1997.)
Public Works Director' Viskovich reviewed the staff report and said that this item had
been delayed to allow the city attorney time to review the bid to see if it complies with
the law. Viskovich explained that a contractor is not required to list subcontractors if
they are not going to need them on the job because the contractor himself is licensed to
perfo,l~ that type of work. Viskovich said B &B Concrete Construction is the lowest
responsible bidder, and B & B Landscape has indicated they are not going to protest after
all because there are no legal grounds for the protest. They originally raised a protest
about something that could have happened in the future. By awarding to the lowest
bidder the city will be saving $225,000 from the budget that's been set for Creekside
Park.
Mr. Joe Sweeney, legal counsel to B & B Concrete Construction, said he had planned to
speak to the legal issues but that has been resolved since B & B Landscape has decided
not to protest this.
Mr. James Moore, vice-president of B & B Concrete Construction, said they submit a
-- stack of statements of experience that they submit with every bid, which lists
approximately 36 parks which they had done over the last ten years, including Wilson
Park. Most of the parks they had done in the area were similar in scope to Creekside. He
stated for the record that that they are licensed, qualified, and experienced in every aspect
of work they intend to perform with their own forces on this project. If subcontractors
were not listed it is because they intend to perfomt the work in house, they have already
listed a subcontractor for which these tasks are second-tier trades, or the work is not over
one-half of one percent of the total bid amount. He said that all of their contacts listed on
statement of experience will confirm they are capable of doing the job.
Mr. Sweeney added that B & B Concrete Construction is just finishing up the Gnadalupe
River Park in San Jose which is a $4.5 million dollar project.
Dean moved (1) To award the project, including base and alternate, and excluding
alternate items B and C, field drainage systems, to B & B Concrete Construction in the
amount of $1,721,300; (2) To approve a 5% contingency for a total project of $1,807,400;
and (3) To authorize negotiation for the field_drainage system in an amount not to exceed
$135,000, which is in addition to the. award amount. Chang seconded and the motion
carried 5-0.
March 3, 1997 Cupertino City Council Page O
19. Report regarding ad hoc historical committee.
Community Development Director Cowan reviewed the staff report and said that Council
decided to delay enactment of an ordinance regarding historical preservation and directed
staffto prepare a report describing how an ad hoc committee can function on this project.
Cowan suggested a pro-active approach by staff to find people for Council's
consideration. Staff will also initiate a public hearing to consider a demolition ordinance
as quickly as possible. Although the historical society does not want to be directly
involved, the ad hoc committee and staff will rely upon the resources they can provide.
Chang moved to direct staff to begin work on the following goals: (1) Member selection
in April; (2) Initial meeting will occur in early May; (3) Complete resource list and visual
inventory (photographs or videotape) in September; and (4) Report to Council in late
September. Burnett seconded and the motion carded 5-0. Cowan said that once the
Council received that report, they would then make the determination if an ordinance was
needed.
NEW BUSINESS
20. Consideration of support for Wcstlyn Way neighborhood concerns regarding Home
Depot development in San Jose.
Community Development Director Cowan reviewed the staff report. He said that the
Planning Commission discussed the San Jose referral for the Home Depot store and many
Cupertino residents attended that meeting. As a result of that, a committee has been
formed and Warren Mine and Marie Gatto are spokespersons for that group tonight
instead of having all 30 people attend the council meeting. The commission directed him
to represent the city at the staff meeting and the planning commission meeting to be held
in San Jose. The approval of this project will be a staff decision in San Jose. It has been
appealed by the Westlyn Way homeowners to the planning commission, but there is no
appeal from the commission to the council. Instead, the next recourse is court action.
Bautista suggested that Cupertino staff investigate that appeal process.
Mr. Warren Mine, representing the residents of Westlyn Way, said their major concern is
the poor'selection of an industrial/commercial use next to a residential area. They are
powerless as residents of Cupertino to fend off San Jose and their sales incentive to put in
this use. The Home Depot structure will be about 45 feet high, next to some fourplexes
with a second-story patio. They propose an 11-foot wall and will route the trucks t~om
Bollinger ail the.~ray_down the back of the building into a truck dock area. They estimate
there will be 40 trucks per day, which is about 4 an hour. The trucks are 14 feet high and
will stick up above the 11-foot wail. The noise and visibility are major concerns to the
neighborhood.
Bautista noted that Home Depot typically has very long hours of operation 7 days a week.
Mine agreed that some locations are open from 7 to midnight, and there are still
operations taking place after that time. Thc City of San Jose is proposing to restrict truck
traffic from 7 a.m. to 7 p.m. Monday through Saturday, and on Sunday from 10 a.m. to 5
March 3, 1997 Cupertino City Council Page 10
· " p.m., but there have been no restrictions put on store hours.- Mine said there are many
other mitigation issues and the noise assessment study has many errors, but this project is
being pushed through very quickly with the neighbor's input being disregarded. Mine
said the residents feel their hands are tied and they are looking for some help. They have
a meeting planned with Home Depot next , although they have been unsuccessful in
negotiations with them before. San Jose Vice-Mayor Trixie Johnson is not available on
that date and the San Jose Planning Department won't participate unless she is there.
Therefore, another meeting has been set for March 19 with Ms. Johnson, the Planning
Commission, and Home Depot. That way, if the issues are addressed on March 10 Ms.
Johnson may possibly act as a mediator. He asked if a member of the Cupertino City
Council would be able to attend as well. Also, on March 26 there is an appeal to the San
Jose Planning Commission and they hoped to have a Council member present there as
well. Mine said if this project is approved there will be many more trucks, and he asked
if some of the track traffic could be restricted on local streets or if Bollinger could be
narrowed from four lanes to two. Also, since there many complaints expected about the
Home Depot operations, the neighborhood would like to have a contact at the city of
Cupertino who would pass their concerns along to San Jose. Another concern is that San
Jose did not do a track traffic study, but 40 tracks will have a major impact on a
thoroughfare that is already congested. There is also an issue of signage, and San Jose
plans to issue a variance, which will allow a sign measuring 420 square feet instead of the
no~rrad limit of 70 square feet.
Bautista said the Council members would check their schedules and try to have one of the
members present.
Ms. Made Gatto, 20092 Rodrigues, thanked Bob Cowan and the Planning Department for
all the help they had given the neighbors to this point, and thanked the Council in
advance for their efforts. She said this is not a good project for this area, but they
understand that it is zoned commemial. The neighbors just want to alleviate some of the
problems they fear will occur, mostly noise and traffic.
Kilian said that he had talked to Mine this morning and suggested this would be the time
to consider retaining an attorney for their interests because there are short time limits and
they will need to have some advice with what legal items must be presented at the
headngs in order to be able to litigate this issue further. He said he had provided them
with some names of lawyers which could help in this matter.
Dean said the problem originated when the city limit line was put right behind the retail
area. This .is a.frustrating situation and-he did not want to give false .hope, but he would
support a letter to San Jose.
Sorensen said she had already spoken to Trixie Johnson on this once and would do so
again.
Bumett said that the city might be able to do some things to keep traffic out of the
neighborhoods. Cowan said that to address the noise issue, staff's strategy will be to ask
for a redesign of the building so the loading is done at one end and fred a way to get
March 3, 1997Cupertino City CouncilPage 11
forklifts back and forth inside the building. Staff hopes to convince San Jose that this ...
development will be a major nuisance, and the only way to effectively control the
problem is to not allow trucks in the back of the building.
Chang agreed that they should do whatever they could to protect the neighborhood, and
ask staff to present mitigation measures that would address the problem and be feasible
from the standpoint of the City of San Jose.
Council directed staff to prepare a letter t~om the City Council to the San Jose City
Council and San Jose Planning Commission (1) objecting to the use (2) asking for them
to consider mitigation measures.
ORDINANCES
None.
STAFF REPORTS
City Manager Don Brown thanked the Council for their willingness to put on the Friday and
Saturday program at DeAnza College regarding cultural richness and public safety. It was a
terrific community outreach effort which will have good results. Chang said that as Public
Dialogue Liaison he wanted to pass along their appreciation to council and staff for their work,
and how much they enjoyed working with the city.
COUNCIL REPORTS
Sorensen reported that she had attended a meeting of the Santa Clara County Emergency
Medical Care Commission and was pleased to report that the firefighters serving
Cupertino would also be paramedics.
At 9:10 p.m., the meeting was adjourned. ~~
City Clerk