CC 12-18-00CALL FOR SPECIAL MEETING
OF THE
CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called to be held on Monday, December 18, commencing at 2:30
p.m. in the City Council Chamber, 10300 Torre Avenue, Cupertino.
Said special meeting shall be for the purpose of discussing the items shown
on the attached agenda.
Dated: Dec. 14, 2000
AGENDA
CUPERTINO CITY COUNCIL ~ SPECIAL MEETING
10300 Torre Avenue, City Hall Council Chamber
Monday, December 18, 2000
2:30 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three minutes. In most cases, State law will prohibit
the council from making any decisions with respect to a matter not listed on the agenda.
NEW BUSINESS
Authorize the city manager to approve the first amendment to the License Agreement
with the Cuperfino City Center Owners Association revising the boundaries of a license
for the non-exclusive irrevocable use of the property described as Lot 8 of Tract Map
7983 as a Public Park. The property is located at the southeast comer of Stevens Creek
Boulevard and DeAnza Boulevard.
(A)
Resolution No. 00-300, "A Resolution of the City Council of the City of
Cupertino ordering vacation of a private access easement and emergency vehicle
access easement within the City of Cupertino, pursuant to Section 8333 Et Seq. of
the Streets and Highways Code of the State of California - Cali Avenue"
(13)
Resolution No. 00-3001, "A Resolution of the City Council of the City of
Cupertino authorizing execution of first amendment to license agreement property
and acceptance of securities between the Cupertino City Center Owners
Association and the City of Cupertino regarding the use of specific; property
located on the southeast comer of De Anza Boulevard and Stevens Creek
Boulevard"
ADJOURNMENT
Please note that the meeting of Monday, Jan. 1 has been cancelled. The next meeting of the City
Council will be on Tuesday, Jan. 16, 2001.
CITY OF
CUPEILTINO
City Hall
10300 Toree Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3~3
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM 1
AGENDA DATE 12-18-00
SUBJECT AND ISSUE
Adoption of a resolution Authorizing the City Manager to Approve the first amendment
to the License Agreement with the Cupertino City Center Owners Association revising
the boundaries of a license for the non-exclusive irrevocable use of the property described
as Lot 8 of Tract Map 7983 as a Public Park and accepting security for the relinquishment
of the use.
Adoption of a Resolution Ordering the vacation of certain Private Access Easements and
Emergency Vehicle Access Easements on Lot 8 of Tract 7983.
BACKGROUND
On June 2, 1997, the City Council approved Resolution No. 9858 authorizing the City
Manager to approve a modified license agreement regarding the public use of the
property generally located at the southeast comer of Stevens Creek Boulevard and
DeAnza Boulevard. The agreement provided for a non-exclusive irrevocable license for
use of the property (specifically defined as Lot 8 of Tract No. 7983) as a public park. The
agreement was executed and dated June 26, 1997. The agreement called for the City to
install on this property, at City expense, improvements (trees, irrigation systems,
walkways and park furniture) in accordance with a conceptual plan defined as Exhibit B
and attached to this memorandum as Attachment 1.
On June 19, 2000 the Council approved various actions relating to the Cupertino City
Center project relating to an Apartment and retail complex (Prometheus 6-U-00 Planning
Commission resolution 6029) also approved various actions for a Hotel Project
(Kimpton 5-U-00 Planning Commission Resolution 6033). Both approvals contained
conditions relating to a lot line adjustment and a corresponding amendment to the 1996
license agreement to provide for additional space for each project within Lot 8 of Tract
7983 noted above.
Printed on Recycled Paper
Lot Line Adjustment
The lot line adjustment provides for additional acreage of previously designated park
open space for the hotel project and the apartment project. These adjustments are shown
in Attachment 2 to this memo. The lot line adjustments have been prepared by Creegan
and D'Angelo, the developer's Engineer, and have been reviewed and approved by staff.
Specifically, the lot line adjustment transfers approximately 0.25 acres to Lot 1
(Apartment project) and approximately 0.43 acres to Lot 6 (Hotel project).
License Agreement Amendment
In order to make use of the property and to clear the title for that use the License
Agreement must be amended to eliminate the public use designation on that portion of
the property affected by the lot line adjustment. This amendment was contemplated at the
time of the project approval is included in the conditions approved by the Council.
This first action on today's agenda is to authorize the City manger to execute the
amendment on behalf of the City. Upon approval, the Amended agreement and the lot
line adjustment will be recorded prior to the issuance of a building permit.
It is important to note that once the amendment and lot line adjustment are approved and
recorded the City's license to access and use that portion of lot 8 as public park open
space is irrevocably ended. It would appear that such a loss to the City is more than
compensated by the construction and occupancy of the apartment complex and the hotel.
However, if the hotel and apartment project do not proceed, the city has given up a
valuable right without compensation.
It is therefore staffs recommendation that the developer be required to provide a cash
security for each of the two areas to be transferred. The amount of the cash security
would be the equivalent of the current estimated value of the right currently provided by
the license agreement. The amount of the security for the area to be transferred to Lot 1
(Apartments) is $94,100.00 and the amount of the security for the area to be transferred to
Lot 6 (Hotel) is $162,600.00. This provision would remain in force until three years from
the date of this resolution.
If either project does not proceed at the end of that time, the security would be forfeited to
the City as compensation for giving up the right to use the property for park open space.
However, the security would be released if, within three years, the hotel and apartment
projects begin construction consisting of pouring the foundation, installing utilities and
structurally completing the at-grade level. This condition is exactly consistent with the
conditions of the abandonment on Cali Avenue for the hotel project approved by the
Council on October 2, 2000.
Vacation of Easements
In addition to the above there exists a Private Access Easement (PAE) and an Emergency
Vehicle Access Easement (EVAE) on the same Lot 8 as noted above. A portion of these
access easements within the two areas to be transferred by the lot line adjustment must be
abandoned (vacated) consistent with the relinquishment of the license right of the same
area. Since these easements are entirely within the area to be transferred they are no
longer required by the City. Staff recommends that they be abandoned in conjunction
with the transactions noted above. The easements to be abandoned are shown on
Attachment 3.
STAFF RECOMMENDATION
Adoption of a Resolution Authorizing the City Manager to Approve the First Amendment
to the License Agreement with the Cupertino City Center Owners Association revising
the boundaries of the license for a non irrevocable use of the property described as Lot 8
of Tract 7983 as a public park as shown on Attachment 2 and to accept cash securities in
the total amount of $256,700.00 for the relinquishment of the use.
Adoption of a Resolution vacating the Public Service Easements and Public Vehicle
Access Easements on a portion of Lot 8 of Tract 7983 as shown on Attachment 3.
Submitted by:
Ralph A. Qualls, Jr.
Director of Public Works
Approved for submission:
David W. Knapp
City Manager
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EXHIBIT B
The City of Cupertino Appendix
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19.60 N71'57'51 "W
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Cl 8.57 68.00 7'13'26"
C2 11.98 68,00 10'05'26"
C3 20.54 68.00 IT18'37'
C4 21.29 68,00 1T56'06'
C5 20.95 70,00 1T08'49'
C6 20,95 70.00 1708'49'
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DE ANZA BOULEVARD
'1
CREECAN+D'ANGELO
Engineers · Planners · Surveyors
1075 N TENTH STREET, SUITE 100
SAN JOSE,CA 95112-10,,t2
199068 omwi,~: ~.TA-SXltD~.~
PROMETHEUS W/
KIMPTON GROUP
CUPERTINO CITY CENTER
LOT LINE ADJUSTMENT
DRAWN: BH
DESIGN: DVB
CH'KD: DVB
DATE: 12-11-00
SCALE: AS SHOWN
SHEET 1 OF 2
RESOLUTION NO. 00- 3oo
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ORDERING VACATION OF A PRIVATE ACCESS EASEMENT AND EMERGENCY
VEHICLE ACCESS EASEMENT WITHIN THE CITY OF
CUPERTINO, PURSUANT TO SECTION 8333 ET SEQ. OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA -CALI AVENUE
WHEREAS, that certain Private Access Easement and Emergency Vehicle Access
Easement more particularly described in description and map attached hereto and made part
hereof as Attachment "3", are deemed unnecessary for present and prospective use; and
WHEREAS, the City Council elects to proceed pursuant to the provisions of Section
8333 et seq. of the Streets and Highways Code of the State of California; and
WHEREAS, it appears to be in the best interest of the city to vacate the hereinafter
described private access and emergency vehicle access easements; and
WHEREAS, said vacations are in conformation with the city's General Plan.
NOW, THEREFORE, BE IT RESOLVED:
1. That all or any protests against the vacations are hereby overruled and denied;
2. That said private access and emergency vehicle access easements described and
shown in Attachment "3" attached hereto and made part hereof, be and hereby are vacated.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby instructed and directed to cause a certified copy of this
resolution, attested to and sealed with the official seal of the City, to be recorded with the County
Recorder of the County of Santa Clara, California, forthwith.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of December, 2000, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
APPROVED:
City Clerk Mayor, City of Cupertino
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ATTACHMENT #3
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230.00'
LOT I
Reconfigured
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204.54'
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80 0 80 160
scale 1 "~ 80' feet
LINE TABLE
LINE LENGTH
LI 19.82
L2 19.60
BEARING
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PUE, EVAE, PAE AS DESCRIBED ON N 0~53'20"
TRACT MAP ~7953, BOOK 51 OF MAPS
PAGES 36-37, SANTA CMRA COUNTY RECORDS
DE ANZA BOULEVARD
CREECAN+D'ANGELO
Engineers · Planners · Surveyors
1075 N TENTH STREET, SUITE 100
SAN JOSE,CA 95112-1032
199068 ~ VAP..A'nON OF PA~,-{V~ EA..~DWG,DWC De~m~b~r l~ ~ 4~:~ p.m.
PROMETHEUS W/ DRAWN: NJH
DESIGN: DVB
KIMPTON GROUP CH'KD:DVB
DATE: 12-12-00
CUPERTINO CI~ CENTER SCALE:AS SHOWN
VACATION OF PAE/BAE ~SEMENTS SHED ~ OF ~
CURVE TABLE
CURVE LENGTH RADIUS DELTA
CI 8,57 68.00 71Y26'
C2 11,98 68.00 I0'05'26"
C3 20.54 68.00 1T18'37"
C4 21.29 68. O0 1756 '08 ·
C5 20.95 70.00 17'08'49"
C6 20.95 70.00 1708'49'
C7 50.27 32,00 90'00'00"
00'53'20" E
S84'08'25"E
~34.0Y
~ S59 29'24"W
,,~/" 34. 3'
·
RESOLUTION NO. 00-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF FIRST AMENDMENT TO LICENSE
AGREEMENT PROPERTY AND ACCEPTANCE OF SECURITIES BETWEEN
THE CUPERTINO CITY CENTER OWNERS ASSOCIATION AND THE CITY
OF CUPERTINO REGARDING THE USE OF SPECIFIC; PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF DE ANZA BOULEVARD AND
STEVENS CREEK BOULEVARD
WHEREAS, on May 5, 1997, the City Council authorized the City Manager to execute a
License Agreement regarding the use and maintenance of the subject property; and
WHEREAS, upon review of the Agreement by the City and by the Cupertino City Center
Associates, each party agrees that Recital A of the Agreement warrants amendment; and
WHEREAS, the terms, conditions and provisions of this First Amendment to License
Agreement have been reviewed and approved by the Director of Public Works Department and the
City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves the aforementioned First Amendment to License Agreement as described and
authorizes the City Manager to execute said amendment and accept securities in the total amount of
$256,700.00 on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 18m day of December, 2000, by the following vote:
Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
ATTEST:
APPROVED:
City Clerk Mayor, City of Cupertino