CC 12-16-2014 (Special)CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 16, 2014
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:09 p.m. Mayor Rod Sinks called the Special City Council meeting to order in
Cupertino Community Hall Council Chambers,10350 Torre Avenue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy
Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
ORAL COMMUNICATIONS
Karen Del Compare notified everyone of a Santa Clara County meeting in January
regarding Lehigh and asked for the Lehigh page on the City website to be updated.
STUDY SESSION
1. Subject: Study session for Stevens Creek Boulevard to McClellan Road
Creek Corridor Master Plan on recommended alternatives to proceed with
an EIR Recommended Action: Schedule Study Session for Stevens Creek
Boulevard to McClellan Road Creek Corridor Master Plan on recommended
alternatives to proceed with an EIR.
Written communications for this item included various emails; a letter from
;
Santa Clara Valley Audubon Society, Acterra, Sierra Club Loma Prieta
Chapter, Committee for Green Foothills, and the California Native Plant
Society, Santa Clara Valley Chapter; Blackberry Farm Golf Course Data
Report from National Golf Foundation; Blackberry Farm Park Revenue -
2014 and 2009; Stevens Creek Boulevard to McC1e11an Ranch Preserve
Corridor Master Plan Budget History; printouts of Item 1 Attachments A
through G; handouts from speakers and a staff PowerPoint presentation.
1
City Council Minutes December 16, 2014
Recreation and Community Development Director Carol Atwood
introduced the item and consultants:
Laurie Mathews, MRG Director of Preservation Planning and Design
Lauren Schmidt, MIG Principal and Lead of the Parks and Recreation
Practice
Katrina Hart Holluch, MIG Senior Environmental Planner
Forest Richardson, Forest Richardson and Associates Golf Course Architect
Laurie Mathews began with the PowerPoint presentation which
highlighted project background; project goals, including 2006 Stevens
Creek Corridor Master Plan goals and current goals; project structure and
methodology, including project schedule; alternatives development,
including a multi-disciplinary planning team for multilayered site and
public input; alternatives development of key issues, plus design influences
including city recreation needs/desires, city health needs/desires,
circulation, habitat, stream corridor, plus existing and potential wetlands,
cultural/historic; site alternatives including golf study findings; public
feedback including open house plus online survey of Options A, B, and C;
and determining preferred alternative for impact analysis including
decision points.
The following individuals spoke on this item:
Justin Fry
Nicholas Eagan
Keith Kreft
Irene Steves (Intern, Santa Clara Valley Audubon Society)
Sara Witt (Acterra)
Rhoda Fry
Jodie Sonntag
Yvonne Hampton
Roy Hampton
Deborah Jamison
Geoff Paulsen
Steven Wesolowski
Tom Schaefer
Donna Austin
�
City Council Minutes. December 16, 2014
Gary Latshaw (Sierra Club Environmental Committee)
Shani Kleinhaus .(Environmental Advocate, Santa Clara Valley Audubon
Society) .
Bob Hirt (President, Santa Clara Valley Audubon Society)
Keith Wandry
Alice Kaufman (Committee for Green Foothills)
Richard Lowenthal -
Tom Dyer (Rotary)
Sundown Hazen (SchoolGrown)
David Fung �
Joyce Eden
Jan Hintermeister
Paul moved and Chang seconded to continue the study session for Stevens
Creek Boulevard to McClellan Road Creek Corridor Master Plan to
Wednesday, January 21 at 6:45 p.m. for Council deliberation and to provide
staff direction on the Study Session for Stevens Creek Boulevard to
McClellan Road Creek Corridor Master Plan and recommended
alternatives to proceed with an EIR. The public comment portion of the
Study Session is closed. The motion carried unanimously.
CLOSED SESSION
At 6:35 p.m. Council went into closed session and reconvened in open session at
7:25 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue.
2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to
subdivision (c) of Section 54956.9: Two Cases
Mayor Sinks announced that Council obtained a briefing from staff, gave
direction to staff and took no action.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 7:25 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the
3
City Council
Pledge of Allegiance.
ROLL CALL
Minutes December 16, 2014
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy
Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Fine Arts Commission annual update
Recommended Action: Receive the update
Written communications for this item included a PowerPoint presentation.
Fine Arts Commission Chair Mike (Michael) Sanchez gave an update via a
PowerPoint presentation.
POSTPONEMENTS
Continue Item #13 Appeal of a Planning Commission approval of a personal
wireless service facility at Cupertino High School to January 20, 2015.
Wong moved and Vaidhyanathan seconded to continue Item #13 to January 20,
2015. The motion carried unanimously.
ORAL COMMUNICATIONS
Written communications for this item included a resident email.
Lisa Warren said she was concerned with building mass and square footage limits
on housing and hotels, public noticing of an application for building height increase
of Main Street Lazy Dog restaurant and consideration of the remaining buildings at
Main Street, and the shortage of grocery and drug stores in Cupertino.
Mayor Sinks explained what would be considered part of Item #12 and what would
be pertain to Oral Communications which is reserved for items not on the agenda.
4
City Council Minutes December 16, 2014
Eric Schaefer (speaking on behalf of a group) showed a slide advocating community
outreach, delaying the amendments, not rezoning Vallco until a site specific plan is
developed, and spreading the Housing Element throughout the City.
Liang Fang Chao showed slides relating to adding office space to Vallco, mass
transit, and traffic, and asked Council to put high density housing on a ballot.
Tracy Hurt showed a map and photos of San Francisco's Yerba Buena Gardens and
suggested a combination of park and retail at Vallco.
John Willey showed illustrations of the proposed Vallco development including
office, retail, residential, hotel, and parking.
Barry Warmkessal said Sand Hill gave him adequate landscaping and showed
photos of the trees along his property.
Steve Scharf talked about bicycle safety and commercial and Sherriff's deputies
vehicles parking in bike lanes:
Jennifer Griffin asked about Community Benefits regulation, parking, height
zoning, and floor area ratios, properties sales within the Housing Element, Specific
Plan affects Vallco and how it differed from the Redevelopment Agency, and how
the Housing Element works with the Specific Plan.
Arthur Lu tallced about adding square footage at Vallco and showed a slide adding
8,000 cars during rush hour. He asked Council to meet only the ABAG minimum
office demand and to grow office space slowly until after Apple's headquarters is
built.
Yu Ying showed slides regarding Associated Bay Area Government's (ABAG)
projection of square footage office space in Cupertino, the allocation of office space
at Vallco, and traffic impacts.
Phyllis Dickstein talked about the development at Vallco, spreading housing
throughout the City, diversifying office and retail, and asked Council not to develop
all 50 acres. �
Bob McKibbin talked about total office allocation at Vallco and how it was difficult
to find the square footage information in the reports.
5
City Council Minutes December 16, 2014
Wenguang Wang talked about the Housing Element impact to schools.
CONSENT CALENDAR
Wong moved and Chang seconded to approve the items on the Consent Calendar
except for item number 8 which was pulled for discussion. Ayes: Sinks, Chang,
Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None.
Recused: Sinks recused himself from voting on item number 10.
2. Subject: Approve the November 10 City Council minutes
Recommended Action: Approve the minutes
3. Subject: Accept Accounts Payable for period ending November 21, 2014
Recommended Action: Adopt Resolution No. 14-221 accepting Accounts
Payable for the period ending November 21, 2014
4. Subject: Accept the City Financial Reports for Fiscal Year Ending June 30, 2014
Recommended Action: Accept the reports
5. Subject: Cancel the second meeting in February (17th)
Recommended Action: Cancel the meeting
6. Subject: Approve the destruction of records from the City Manager, Human
Resources, Public Works, and Recreation & Community Services departments
Recommended Action: Adopt Resolution No. 14-222 approving the
destruction of records from the City Manager, Human Resources, Public
Works, and Recreation & Community Services departments
7. Subject: Declare weeds a nuisance and set hearing date of January 20 for
objections to proposed removal
Recommended Action: Adopt Resolution No. 14-223 declaring weeds a
nuisance and setting hearing date of January 20 for objections to proposed
removal
8. Subject: Accept resignation of Parks and Recreation Commissioner Darcy Paul
and termination of Fine Arts Commissioner Russell Leong and direct staff to
fill the unscheduled vacancies
�
City Council Minutes December 16, 2014
Recommended Action: Accept resignation of Parks and Recreation
Commissioner Darcy Paul and termination of Fine Arts Commissioner Russell
Leong and fill the unscheduled vacancies from applicants being interviewed
in January 2015
Written communications for this item included a reinstatement request letter
from Commissioner Leong
Wong moved and Chang seconded to accept the resignation of Parks and
Recreation Commissioner Darcy Paul and fill the unscheduled vacancy from
applicants being interviewed in January 2015 and postpone the termination of
Fine Arts Commissioner Russell Leong to a future . meeting to address the
reinstatement letter submitted. The motion carried with Paul abstaining.
9. Subject: Application for Alcoholic Beverage License for Homestead Bowl,
20990 Homestead Road
Recommended Action: Recommend Approval of the Application for
Alcoholic Beverage License for Homestead Bowl, 20990 Homestead Road
10. Subject: A resolution approving a parcel map for the Apple Campus 2
property in the Vallco Park North area that subdivides approximately 173.6
acres into five parcels
Recommended Action: Adopt Resolution No. 14-224 approving a parcel map
for the Apple Campus 2 property in the Vallco Park North area that
subdivides approximately 173.6 acres into five parcels
11. Subject: Quinlan Community Center Interior Upgrade Project, No. 2010-9255
Recommended Action: Authorize the City Manager to award a contract to
CRW Industries, Inc. of Scotts Valley, CA in the amount of $288,242; and
approve a construction contingency of $57,648 (20%) for a total of $345,$90
SECOND I�EADING OF ORDINANCES
12. Subject: Conduct Second Reading and Enact Amendments to the Zoning Map
and Municipal Code to conform to the General Plan and Housing Element
Amendments, as well as text changes to Chapters in Title 18 and Title 19, of the
Municipal Code regarding zoning, density bonuses, below-market rate housing,
and the addition of Chapter 13 (Parkland Dedication Fee) and other clean-up to
comply with state law, consistency and to improve readability.
7 '
City Council Minutes December 16, 2014
Recommended Action: Conduct the second reading and enact the following:
1. Ordinance No. 14-2124, "An Ordinance of the City Council of the City of
Cupertino Rezoning Certain Sites in the City for conformance with the
General Plan and Housing Element," Zoning Map Amendment, Z-2013-03;
and
2. Ordinance No. 14-2125, "An Ordinance of the City Council of the City of
Cupertino amending various Chapters in Title 18 and Title 19, including
the amendment of the Density Bonus Ordinance, the addition of a Chapter
in Title 19 to implement policies in the General Plan, the addition of a
Chapter in Title 13 to improve readability," Municipal Code Amendment,
MCA-2014-01.
Description: Application No(s): Z-2013-01, MCA-2014-01; Applicant(s): City of
Cupertino; Location: citywide
Written communications for this item included various emails from
residents and a staff PowerPoint presentation.
Jennifer Griffin asked for clarification on the Zoning Map Amendment and its
consistency with the General Plan with relation to Apple.
City Clerk Grace Schmidt read the title of Ordinance No. 14-2124.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 14-2124 by
title only and that the City Clerk's reading would constitute the second
reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes:
None. Abstain: None. Absent: None.
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 14-2124.
Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain:
None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 14-2125.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 14-2125 by
title only and that the City Clerk's reading would constitute the second
reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes:
None. Abstain: None. Absent: None.
City Council Minutes December 16, 2014
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 14-2125.
Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain:
None. Absent: None.
PUBLIC HEARINGS
13. Subject: Appeal of a Planning Commission approval of a personal wireless
service facility at Cupertino High School
Recommended Action: Continue the hearing date to January 20, 2015
This item was continued under Postponements.
ORDINANCES AND ACTION ITEMS
14. Subject: Council committee assignments .
Recommended Action: Approve assignments
Written communications for this item included the 2015 Council
Committees Assignments and Proposed Notification Process for Council
Assignments.
Wong moved and Paul seconded to approve the assignments. The motion
carried unanimously.
Council recessed from 8:42 p.m. to 8:51 p.m.
15. Subject: Follow-Up to November 6, 2014 Community Workshop on Traffic Safety
around Schools "
Recommended Action: Receive presentation on a summary of comments and
suggestions received at the November 6, 2014 Community Workshop and
provide direction on any mid-year budget proposals or amendments to the
municipal code.
Direct staff to move forward on the following four actions: �
• Prepare � a mid-year budget proposal for the installation of green
bike lanes at various key locations in the tri-school area (Kennedy
Middle School, Lincoln-Elementary, and Monta Vista High) and
near Cupertino High School; .
� • Bring to Council an ordinance for consideration to prohibit trucks
in school zones except on major collector or arterial streets;
9
City Council
Minutes December 16, 2014
• Work with the Cupertino Union School District, Fremont Union
High School District and the Santa Clara County Sheriff's Office to
engage a mobility consultant to make recommendations and
prioritize bicycle and pedestrian education and encouragement
programs, safety improvements, and enforcement strategies;
• Work with Recology on a pilot program to adjust
trash/recycling/yard waste haul routes and schedules to reduce
conflicts between carts and bike lanes;
• Continue to work with the Valley Transportation Authority (VTA)
and the school districts on possible bus solutions to reduce school
traffic congestion.
Written communications for this item included a staff PowerPoint
presentation and speaker handouts.
Director of Public Works Timm Borden reviewed the staff report via a
PowerPoint presentation.
Captain Ken Binder said the Sherriff's investigation is complete and is now
pending review of the final report from the Districts Attorney's Office.
The following individuals spoke on this item:
Revathy Narasimhan
Scott Hughes
John Mumy
Cynthia Cheung
Alan Takahashi
Stewart Kelly
David Fung
Larry Dean
Karen Del Compare
Claire Arnold
Vidya Sinha
Mindy Masli
Andrea Grindeland (Quad-School Traffic Workforce and Monta Vista High
School PTSA)
Simy Taneja (Quad-School Traffic Workforce, Kennedy Middle School PTA)
Rhoda Fry (Quad-School Traffic Workforce)
10
City Council Minutes December 16, 2014
Stephan Shurygian
Steven Scharf
Montangi Rajamani (Quad-School Traffic Workforce, Monta Vista High School
PTSA board member)
Council directed staff to move forward on the following actions:
1• Prepare a mid-year budget proposal for the installation of green bike lanes
at various key locations in the tri-school area (Kennedy Middle School,
Lincoln Elementary, and Monta Vista High) and near Cupertino High
School;
2• Bring to Council an ordinance for consideration to prohibit trucks in
school zones except on major collector or arterial streets;
3• Work with the Cupertino Union School District, Fremont Union High
School District and the Santa Clara County Sheriff's Office to engage a
mobility consultant to make recommendations and prioritize bicycle and
pedestrian education and encouragement programs, safety improvements,
and enforcement strategies;
4• Work with Recology on a pilot program to adjust trash/recycling/yard
waste haul routes and schedules to reduce conflicts between carts and
bike lanes;
5• Continue to work with the Valley Transportation Authority (VTA) and the
school districts on possible bus solutions to reduce school traffic
congestion.
REPORTS BY COUNCIL AND STAFF
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 12:21 a.m. on Wednesday, December 17, Mayor Sinks adjourned the meeting.
,
���c� � �� t ���
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
11
City Council Minutes December 16, 2014
www.cupertino.or�; 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, and then click Archived Webcast. Videotapes are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-
2364.
12