CC 11-18-2014CUPERTINO �
APROVED MINUTES
CUPERTIlVO CITY COUNCIL
Tuesday, November 18, 2014
CITY COLTl�CIL MEETIlVG
PLEDGE OF ALI,EGIAl\TCE
At 6:45 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order
and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Sarry
Chang, Orrin Mahoney, and Mark Santoro. Absent: None.
CEREM011TIAL MATTERS t�l�i� PRESEIVTATIOlVS
1. Sub�ect: Present proclamation to Assembly Member Paul Fong for outstanding
service
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to Assembly Member Paul Fong.
2. Subject: Proclamation to Andy Huang recognizing his many hours of
volunteer service to the community
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to Andy Huang.
Mayor Wong reordered the agenda to take up Oral Communications next.
ORAL COMMUNICATIONS
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City Council Minutes November 18, 2014
Robert McKibbin asked Council to separate the Housing from the General Plan
Amendment portion and postpone the GPA until 2015 in order for better vetting and
education to the public on all the issues. He also asked Council to not include Vallco in
the housing discussion and to not rezone Vallco at this time.
Peggy Griffin asked Council to postpone the vote on the GPA and focus on housing
only. She also asked Council to distribute the minimum number of required housing
units across all of Cupertino without including Vallco.
Janice Ishii thanked Council member Chang for having community meetings on the
GPA over the weekend. She noted that Council needed to have the best interest of the
residents rather than the developers and urged Council to finish the current
development projects like Main Street, Rose Bowl, and Apple Campus 2 before going
forward with other projects.
Steven Scharf urged Council to take Vallco off of the housing allocation and to
distribute housing units equally throughout the entire City.
Yn Ying said that 600 condo units at Vallco were too dense and crowded and noted that
Cupertino would become more like Tokyo and Beijing if that were to happen.
Lisa Warren said that the GPA and Housing Element need to be separated. She asked
that Sand Hill Property Co. take care of the trees at Vallco until something is done with
that property.
Sushma Shirish asked Council to separate the GPA from the housing. She also asked
Council to distribute the minimum number of required housing units across all of
Cupertino.
Vidyadhar Chitradurga said that traffic is already bad at Homestead and Stevens Creek
Blvd. around Vallco and that adding condos to that area would make the traffic worse.
Chris Bencher gave feedback on bicycle safety and noted that San Diego has a good
Bicycle Master Plan that Cupertino might want to use as a benchmark. He also noted
that the intersection at Wolfe and Highway 280 is dangerous for pedestrians. He
distributed the slides he showed.
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City Council
Minutes November 18, 2014
Jon Willey thanked Council member Chang for holding the GPA meetings. He urged
Council to listen to the residents regarding what they want for the development of the
City.
Liang-Fang Chao presented a signed petition from some community members asking
Council to not adopt the proposed GPA; amend the General Plan one project at a time;
publish the developer's plans; and integrate input from the community,. She also said
that a lot of construction is already happening around Vallco and there is plenty of
opportunity for it to be revived.
Xiaowen Wang highlighted errors she found in the School Enrollment and Fiscal Impact
Analysis report regarding the enrollment number and the low student generation rate.
She distributed her comments.
Randy Shingai urged Council to vote the right way in order to avoid student .
overgrowth in the schools.
3. Subject: Update from Cupertino Chamber of Commerce President Darcy Paul
Recommended Action: Receive update
Cupertino Chamber of Commerce President Darcy Paul gave an update via a
PowerPoint presentation.
Council received the update.
4. Subject: Update from West Valley Community Services Executive Director
Naomi Nakano-Matsumoto
Recommended Action: Receive update
Director Naomi Nakano-Matsumoto was not present to give the update.
POSTPONEMENTS
The hearing on the citywide amendments to the City's General Plan, including the
Housing Element, Heart of the City Specific Plan, Vallco Shopping District, commercial,
retail, residential allocations, Municipal Code Amendments to conform with the
General Plan, certification of fhe Environmental Impact Report (EIR), and all other
actions for this project (November 10, 2014, Agenda, Item #1) will be re-noticed and
heard on Tuesday, December 2, 2014.
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City Council
CONSENT CALENDAR
Minutes November 18, 2014
Mahoney moved and Chang seconded to approve the items on the Consent
Calendar as presented. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes:
None. Abstain: None. Absent: None.
5. Subject: Waive the advisory body attendance requirement provision and
reinstate Rose Grymes to the Library Commission and Jessi Kaur to the Fine
Arts Commission
Recommended Action: Waive the advisory body attendance requirement
provision and reinstate Rose Grymes to the Library Commission and Jessi
Kaur to the Fine Arts Commission
Written communications for this item included emails from Rose Grymes
and jessi Kaur.
6. Subject: Application for Alcoholic Beverage License for All That BBQ, 10493
South De Anza Boulevard
Recommended Action: Recommend approval for Alcoholic Beverage License
for All That BBQ, 10493 South De Anza Boulevard
7. Subject: Application for Alcoholic Beverage License for Kula Revolving Sushi
Bar, 19600 Vallco Parkway
Recommended Action: Recommend approval of Alcoholic Beverage License
for Kula Revolving Sushi Bar, 19600 Vallco Parkway
8. Subject: Summary Vacation of a Portion of the Public Utility Easement
located at 10097 S. Blaney Avenue
Recommended Action: Adopt Resolution No. 14-214, summarily vacating a
portion of the Public Utility Easement within a private property located at
10097 S. Blaney Avenue
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
9. Subject: Municipal Code Amendment to the Tree Ordinance
Recommended Action:
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City Council � Minutes November 18, 2014
1. Adopt a Negative Declaration (EA-2013-02) per the California Environmental
Quality Act; and
2. Conduct the first reading of Ordinance No. 14-2126 "An Ordinance Of The
City Council Of The City Of Cupertino Amending Chapter 14.18 Of The
Cupertino Municipal Code, relating to permit thresholds City Wide, streamlining
the tree removal permit process for R1/A1/A/RHS/R2 Zones, and modifications
for readability"(MCA-2013-01)
Descri�tion: Application: MCA-2013-01, EA-2013-02; Applicant: City of
Cupertino; Property Location: citywide; Consider adoption of amendments to
Chapter 14.18, Protected Trees, of the Cupertino Municipal Code to streamline
and update the tree removal review and approval process, and to improve
readability/consistency
Written communications for this item included amended attachments A and B,
and a staff PowerPoint presentation.
Assistant Director of Community Development Gary Chao reviewed the staff
report via a PowerPoint presentation.
Mayor Wong opened the public hearing.
Jennifer Griffin said that she doesri t lil<e the term streamline because it sounds
like trees are in the way and not important.
Roy Hampton said that this ordinance is a positive move forward. He suggested
Council consider a property owner with many trees where replanting a tree in
the same location where one is removed doesn't make sense. He also urged
Council to consider the cost to maintain the trees.
Yvonne Hampton said that Cupertino does care about its trees. She noted
concern regarding transmission of disease in Oak trees.
Mayor Wong closed the public hearing.
Mahoney moved and Santoro seconded to adopt a negative declaration (EA-
2013-02). The motion carried unanimously.
Mahoney moved and Chang seconded to read Ordinance No. 14-2126 by title
only and that the City Clerk's reading would constitute the first reading
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City Council Minutes November 18, 2014
thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None.
Abstain: None. Absent: None, with the following amendments:
• Clarify notice and posting requirements for mature specimen trees less
than twenty-four inches DBH in R1/A1/A/RHS/R2 zoning districts.
• In all zoning districts, where the planting of on-site replacement tree(s)
is physically infeasible, the required in-lieu fee shall be equivalent to the
cost of labor + materials.
• Add a tree removal permit finding addressing single-trunk trees
between 12 inches and 24 inches DBH within R1/A1/A/RHS/R2 zoning
districts.
• At the second reading of the ordinance, additional consideration for the
listing of the Laurel Bay on the specimen tree list may include one of the
following:
■ Keep on list (no change)
■ Removal
■ Replacement with London Plane tree
■ Replacement with alternate tree
Council recessed from 9:12 p.m. to 9:22 p.m.
10. Subiect: Petition for Reconsideration of the City Council's approval of the Hyatt
House Hotel development project
Recommended Action: Staff recommends that the City Council:
1. Consider the Petition for Reconsideration (Petition) and adopt Resolution No.
14- 215 (Attachment A) denying the petition for failure to meet the requirements
of Municipal Code Section 2.08.09 or, in the alternative;
2. If the Council determines the Petition meets the criteria, conduct a hearing on
the merits of the petition and uphold the Council's decision to approve/adopt the
following for the project:
i. Mitigated Negative Declaration (EA-2014-06)
ii. Development Permit (DP-2014-04, Resolution 14-202)
iii. Use Permit (U-2014-04, Resolution 14-203)
iv. Architectural and Site Approval (ASA-2014-06, Resolution 14-204)
v. Parking Exception (EXC-2014-07, Resolution 14-205)
vi. Tree Removal Permit (TR-2014-28, Resolution 14-206)
vii. Tree Removal Permit (TR-2014-40, Resolution 14-207)
Description: Application Summary; Applications: DP-2014-04, U-2014-04, ASA-
2014-06, EXC-2014-07, TR-2014-28,TR-2014-40, EA-2014-06; Petitioner: Darrel
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City Council Minutes November 18, 2014
Lum, Concerned Citizens of Cupertino; Applicant: Edward Chan; Property
Owner: Cupertino Property Development II, LLC; Location: 10380 Perimeter
Road (Southeast quadrant of Wolfe Road and I-280, APN 316-20-094) and 10150
North Wolfe Road (JC Penney site, APN 316-20-094)
Written communications for this item included a staff PowerPoint presentation
and Project Information.
Associate Planner George Schroeder reviewed the staff report via a PowerPoint
presentation.
Mayor Wong opened the public hearing on the process.
Steven Scharf began talking about previous comments from City Council
members. Mayor Wong stopped the timer since the speaker comments weren t
on the reconsideration process.
Robert McKibbin said that the retail portion that was approved isn't really retail.
He explainecT that it wouldn t be viable retail because it's too far setback and the
project is only a hotel.
Mayor Wong closed the public hearing on the process.
Mahoney moved and Santoro seconded to adopt Resolution No. 14-215 denying
the petition for failure to meet the requirements of Municipal Code Section
2.08.09. The motion carried unanimously.
ORDINANCES ANI3 ACTION ITEMS
11. Subject: McClellan Ranch Preserve to Stevens Creek Blvd. Signage Program
Report
Recommended Action: '
1) Review the McClellan Ranch Preserve to Stevens Creek Blvd. Signage program
report; and
2) Select a preferred monument sign design from two alternatives forwarded by
the Park and Recreation Commission; and
3) Accept Report
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City Council Minutes November 18, 2014
Director of Recreation and Community Services Carol Atwood reviewed the staff
report via a PowerPoint presentation.
Consultant Jennifer Bressler explained the two alternatives of monuments signs
and noted that the preference is for the straight sign vs. the arched sign.
Jennifer Griffin said that she prefers the arched sign because it blends better into
the natural surroundings, is more reminiscent of the early 1800's, and looks
better in front of the curved barn.
Darcy Paul, Chair of the Parks and Recreation Commission explained the
commissiori s thought behind its recommendation.
Chang moved and Santoro seconded to accept the report and select the curved
design for the monument sign. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt mentioned that there would be a public workshop on
Thursday beginning at 6:30 p.m. at Quinlan to address questions on the GPA and
Housing Element. He noted that experts on housing law and School District
Superintendents would be presenting and answering questions.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 10:25 p.m. Mayor Wong adjourned the meeting to a special meeting on
December 2 at 6:30 p.m. followed by the regular meeting at 6:45 p.m.
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Grace Schmidt, City Clerk
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.or�. Click on Agendas & Minutes, then click on the appropriate
Packet.
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City Council Minutes November 18, 2014
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, and then click Archived Webcast. Videotapes are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-
2364.
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