CC 03-04-2014CUPERTINO
APPROVEC► MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, March 4, 2014
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 3:05 p.m. Mayor Gilbert Wong called the regular adjourned City Council meeting to
order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA
and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry
Chang, Orrin Mahoney, and Mark Santoro. Absent: None.
STUDY SESSION
1. Subject: Study Session to review Housing Element requirements and sites to achieve
the Regional Housing Needs Allocation (RHNA) for the upcoming 2014 -2022
Housing Element
Recommended Action: Review report and prioritize housing sites in order of
preference, if desired
Description: Application No.: GPA- 2013 -02; Applicant: City of Cupertino;
Location /APN: Citywide
Written communications for this item included comments from the Planning
Commission meeting on Feb. 19, 2014; comments from the City Council meeting on
Aug. 20, 2013; chart from staff specifying; sites in the General Plan Amendment for
2014; an email from Barbara Rogers; and a staff PowerPoint presentation.
Mayor Wong read a statement regarding a conflict of interest for this item. He left
the dais and Vice Mayor Sinks took over chairing the meeting.
Tuesday, March 4, 2014
Cupertino City Council
Senior Planner Piu Ghosh and consultant Veronica Tam reviewed the staff report via
a PowerPoint presentation.
Jennifer Griffin asked Council to be sure to protect the neighborhoods when
rezoning areas to a certain number of housing units.
David Clancy representing the restaurant and retail site next to the Cupertino Post
Office said that they had just become aware of the housing discussions and are
interested in seeing their site built up for higher density and believe they are a good
candidate to be included in the Housing Element.
Barry Watkins representing the Target site (w26) said that he would like that site
changed in the Housing Element from removed (gray) to at least low priority
(yellow).
Robert McKibbin said that Cupertino residents don't want to see high density
housing. He asked if limiting the size of the bedrooms would lower the footprint
and help with density issues. He also asked who decides what properties are
included on the Housing Element list, Council or the developer. He noted he likes
Alternative A the best and asked if the Environmental Impact Review (EIR) would
address the loss of retail.
Tracy Mugno asked what would be going in at the 5 -acre parcel located on the north
tip of the west side near Vallco.
Cathy Thaler encouraged Council to include as many properties as possible in the
EIR since they could always be excluded afterward. She asked Council to also
include in the EIR a focus on the residential streets that egress onto the Heart of the
City (HOC) areas — Stevens Creek Blvd. and De Anza Blvd. She also asked how
affordable housing fits in to the Housing Element.
City Attorney Carol Korade noted at this point that Alan Wong was withdrawing
his property from the Housing Element area and that Mayor Wong no longer had a
conflict of interest and could rejoin the Council. At 5:06 p.m. Mayor Wong returned
to the dais.
Steve Gazzera owner of the Arya restaurant site on Stevens Creek Blvd. (site 5) said
that he recently received correspondence that his property was in the Housing
Element inventory site list, now recommended for removal. He noted that he was
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Cupertino City Council
possibly interested in keeping the site on the list but would like to discuss the issue
more with Council and staff before make a final decision.
Peggy Griffin said she was concerned about the loss of retail identified on the
Housing Element plan especially since it's difficult to fight a developer that wants to
put housing on the site if included on the list. She noted that Cupertino residents
want retail. She urged Council to keep the Target and Vallco sites for retail.
Council concurred to add the following :parcels to study in the EIR: 5, 6, and, all of
the high and moderate parcels as shown in green and orange on the map in the
packet.
Council recessed from 5:50 p.m. to 6:35 p.m.
2. Subject: Study session to provide an update on the focused General Plan
Amendment (GPA- 2013 -01) process and review land use alternatives to be
considered for analysis in the Environmental Impact Report (EIR). Proposed
alternatives include options for Cit�i -wide development allocations (office,
commercial, hotel, and residential), as well as building heights and densities for
corridors, special centers, and seven study areas
Recommended Action: Review the General Plan Amendment (GPA) Concept
Alternatives to be studied in the EIR and :provide comments
Written communications for this item included comments from the Planning
Commission meeting on Feb. 19, 2014; comments from the City Council meeting on
Aug. 20, 2013; chart from staff specifying; sites in the General Plan Amendment for
2014; and a staff PowerPoint presentation.
Associate Planner George Schroeder reviewed the staff report via a PowerPoint
presentation.
At 6:45 p.m. Mayor Wong recessed the study session portion of the agenda and moved
to the regular business items portion of the agenda.
Tuesday, March 4, 2014 Cupertino City Council
CEREMONIAL MATTERS AND PRESENTATIONS
3. Subject: Presentation from Richard Price demonstrating his company's new
application called Pulse Point
Recommended Action: Receive presentation
Fire Dept. Chief Ken Kehmna and Richard Price gave a PowerPoint presentation
highlighting the new PulsePoint application. A video was also shown further
explaining how the, app works.
Council received the presentation.
4. Subject: Planning Commission annual update
Recommended Action: Receive update
Description: Present Planning Commission Work Program ideas and discuss
Planning Commission goals and accomplishments
Written communications for this item included a PowerPoint presentation.
Planning Commission Chair Paul Brophy gave an update on the Planning
Commission work program via a PowerPoint presentation.
Council received the update.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Capt. Ken Binder introduced Lt. Jim Cannan in the West Valley patrol division.
CONSENT CALENDAR
Mahoney moved and Santoro seconded to approve the items on the Consent Calendar
with the exception of item number 8 which was removed for discussion. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
5. Subject: Approve the February 18 City Council minutes
Recommended Action: Approve the minutes
Tuesday, March 4, 2014
Cupertino City Council
6. Subject: Accept Accounts Payable for period ending February 14, 2014
Recommended Action: Adopt Resolution No. 14 -124 accepting Accounts Payable
for period ending February 14, 2014
7. Subject: Set the dates for the Teen Commission application deadline and interviews
Recommended Action: Staff recommends the following deadlines: 1. Applications
due in the City Clerk's office by 4:30 p.m.. on Friday, May 9 and 2. Interviews held
beginning at 3:30 p.m. on Tuesday, May 27 and Wednesday, May 28 (as needed)
8. Subject: Approval of an agreement for consultant services for the Civic Center
Master Plan & Parking Garage Conceptual Design
Recommended Action: Authorize the City Manager to execute a consultant
agreement with Perkins +Will for urban planning and architectural design services
for the Civic Center Master Plan & Parking Garage Conceptual Design, from the
date of execution through March 31, 2015 for an amount not to exceed Five Hundred
Seventy -one Thousand Dollars ($571,000) in substantially similar format to the
attached draft agreement
Santoro moved and Mahoney seconded to authorize the City Manager to execute a
consultant agreement with Perkins +Will for urban planning and architectural design
services for the Civic Center Master Plan & Parking Garage Conceptual Design,
from the date of execution through March 31, 2015 for an amount not to exceed Five
Hundred Seventy -one Thousand Dollars ($571,000) in substantially similar format to
the attached draft agreement. The motion carried unanimously.
9. Subject: Approve the sale of surplus City property on Greenleaf Drive near Castine
Avenue (APN 326 -41 -114)
Recommended Action: Adopt Resolution No. 14 -125 approving the sale of surplus
City property on Greenleaf Drive near Castine Avenue (APN 326 -41 -114) to Karkada
and Vijaya Vasantharam, in the amount of $38,000, and authorizing the City
Manager to execute all the necessary documents to complete the sale
At 7:28 p.m. Mayor Wong recessed the regular business portion of the agenda and
reconvened the study session to continue discussing item number two.
STUDY SESSION - Cont.
2. Subject: Study session to provide an update on the focused General Plan
Amendment (GPA- 2013 -01) process acid review land use alternatives to be
considered for analysis in the Environmental Impact Report (EIR). Proposed
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Cupertino City Council
alternatives include options for City -wide development allocations (office,
commercial, hotel, and residential), as well as building heights and densities for
corridors, special centers, and seven study areas
Recommended Action: Review the General Plan Amendment (GPA) Concept
Alternatives to be studied in the EIR and provide comments
Daniel Iacofano from MIG continued the PowerPoint presentation highlighting:
GPA land use concept alternatives overview; what is a General Plan; schedule;
concept alternatives process.
Dan Amsden from MIG continued the PowerPoint presentation highlighting:
technical input; key opportunities; market study and retail strategy; available
development allocation; other projects; community input; concept alternatives
report; next steps; GPA schedule; upcoming meetings; Cupertino website
information on GPA.
Jennifer Griffin asked what was wrong with Vallco Mall that it wasn't busy.
Barbara Perzigian, General Manager of the Cupertino Inn speaking on behalf of De
Anza Properties, asked Council to move forward with an environmental study on all
three alternatives. She noted that they plan to build a five -star conference center at
their site.
Council concurred to direct staff to study all of the alternatives.
At 9:23 p.m. Mayor Wong adjourned the study session portion of the agenda to
continue with the regular business items portion of the agenda.
Council recessed until 9:40 p.m.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
10. Subject: Consideration and approval of the Mid -Year Financial Report and
recommended adjustments for Fiscal Year 2013 -2014
Recommended Action: 1. Accept the City Manager's Mid -Year Financial Report; 2.
Adopt Resolution No. 14 -126 approving the Mid -Year Budget adjustments related to
Tuesday, March 4, 2014
Cupertino City Council
pass thru Revenues; 3. Adopt Resolution No. 14 -127 approving the Mid -Year Budget
adjustments
Written communications for this item included a staff PowerPoint presentation.
Interim Director of Administrative Services Kristin Alfaro reviewed the staff report
via a PowerPoint presentation.
Mahoney moved and Wong seconded to accept the City Manager's Mid -Year
Financial Report. The motion carried unanimously.
Mahoney moved and Wong seconded to adopt Resolution No. 14 -126. The motion
carried with Council member Sinks recusing himself due to a conflict of interest
with Apple.
Mahoney moved and Wong seconded to adopt Resolution No. 14 -127 with an
amendment to remove $70,000 in costs for the Parks Improvement and Restoration
Manager and Case Manager. The motion carried unanimously.
Council recessed from 11:05 p.m. to 11:15 p.m.
11. Subject: First reading of Cupertino Municipal Code amendments to Chapter 16.58,
Title 16, Buildings and Construction, relating to plug in electric vehicle charging
systems; and Chapter 1.08 relating to the :right of entry
Recommended Action: Conduct the first reading of Ordinance No. 14 -2117: "An
ordinance of the City Council of the Cite of Cupertino amending Chapter 16.58 of
Title 16 of the Cupertino Municipal Code and adopting the 2013 California Green
Building Standards Code with certain modifications relating to plug in electric
vehicle charging systems and amending; Chapter 1.08 of Title 1 of the Cupertino
Municipal Code regarding the right of entry"
Director of Community Development Aaxti Shrivastava reviewed the staff report via
a PowerPoint presentation.
Mahoney moved and Wong seconded to read Ordinance No. 14 -2117 by title only
and that the City Clerk's reading would constitute the first reading therof with the
amendments as noted below. Ayes: Chang, Sinks, Mahoney, Santoro, and Wong.
Noes: None. Abstain: None. Absent: None.
Tuesday, March 4, 2014
Cupertino City Council
Council made the following amendments to Chapter 16.58 Electric Vehicle Charging
Systems:
• New one family and two family
o Install a dedicated circuit and either (i) listed raceway /conduit or (ii)
wiring for a minimum of one (1) parking space
• New multifamily
o Install a dedicated circuit and either (i) listed raceway /conduit or (ii)
wiring for 5% of parking spaces; not less than one (1) parking space
• New non - residential
o Install a dedicated circuit and either (i) listed raceway /conduit or (ii)
wiring for 10% of parking spaces; not less than one (1) parking space
Council made the following amendment to Chapter 1.08 Right of Entry — changed
"search warrant" to "inspection warrant."
12. Subject: Consider cancelling the first meeting in August
Recommended Action: Cancel first meeting in August
Santoro moved and Mahoney seconded to cancel the first meeting in August. The
motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt noted that his Executive Assistant Karen Guerin had her
baby and named her Maxine.
Mayor Wong said that the Council Work Program would be scheduled for Mon., March
24 at 2:00 p.m. in the Community Hall Council Chamber.
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 12:07 a.m. on Wednesday, March 5, Mayor Wong adjourned the meeting.
1
Grace Schmidt, City Clerk
Tuesday, March 4, 2014
Cupertino City Council
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk's Office, 777 -3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse
Channel 99 and are available at your convenience at www.cupertino.org. Click on
Agendas & Minutes, then click Archived 1Nebcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.