CC 09-01-2015CUPERTINO
PLEDGE OF ALLEGIANCE
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 1, 2015
CITY COUNCIL MEETING
At 6:45 p.m. Mayor Rod Sinks called the City Council meeting to order in the Cupertino
Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Sa vita Vaidhyanathan, and Gilbert Wong. Absent: None.
CLOSED SESSION
Mayor Sinks announced that Council held a Closed Session on August 28 regarding Public
Employment (Gov't Code Section 54957) -Title: City Attorney and that Council proceeded
with the City Attorney recruitment process.
CEREMONIAL MATTERS AND PRESENTATION-None
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Kelli Richards talked about the Hills at Valko development offering support for the project.
Donna Austin talked about the Hills at Vallco development offering support for the project.
Kevin McClelland on behalf of the Cupertino Chamber of Commerce talked about the Hills at
Vallco development offering support for the project.
Richard Lowenthal talked about the Hills at Vallco development offering support for the
project.
City Council Minutes September 1, 2015
Lisa Warren talked about feeling angry that Council wasn't listening to the residents
regarding new development in Cupertino.
Annie Ho talked about the Hills at Vallco development offering support for the project.
Phyllis Dickstein talked about the Hills at Valko development noting opposition for the
project.
Orrin Mahoney talked about the Hills at Valko development offering support for the project.
Cathy Helgersen talked about sewer and treatment plant issues and concerns regarding any
new development in Cupertino before these issues are addressed.
Helene Davis Donna Austin talked about the Hills at Vallco development offering support for
the project.
Pam Hershey talked about the Hills at Vallco development and concerns regarding crowding
at schools and privacy for residents who live nearby.
Steven Scharf talked about Public Record Act requests and distrust of the developer for the
Hills at Vallco project.
Stacy Wilson talked about the Hills at Valko development and concerns regarding impact to
schools; increase in traffic; and rental units not bringing in tax money for Cupertino.
Jon Willey talked about the Hills at Valko development and traffic concerns.
Andrew Walters talked about embracing inevitable growth, working to solve the issues that
growth creates, and offered support for the Hills at Valko project.
Tanvi Chokshi and Shronya talked about the value to the community of the Hills at Valko
development and expressing concern for school overcrowding and to find a viable solution to
this issue first.
Peggy Griffin talked about the "demand to cease and desist" letter the City received from the
Better Cupertino group in addition to issues with residents not being included in stakeholder
meetings that occurred regarding community benefits.
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City Council Minutes September 1, 2015
Liang-Fang Chao talked about General Plan policies and asked to keep residents involved
with the Vallco Specific Plan.
CONSENT CALENDAR
Wong moved and Chang seconded to approve the items on the Consent Calendar as
presented with item number 1 as amended and with the exception of item number 2 which
was pulled for discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None.
Abstain: None. Absent: None.
1. Subject: Approve the August 18 City Council minutes
Recommended Action: Approve the minutes
Written communications for this item included an amended page 5 of the minutes.
2. Subject: Antibiotic use in Livestock Production
Recommended Action: Adopt Resolution No. 15-079 calling for a ban on the
nontherapeutic use of antibiotics in Livestock Agriculture
Staff answered a question from Council.
Wong moved and Chang seconded to adopt Resolution No. 15-079 calling for a ban on
the nontherapeutic use of antibiotics in Livestock Agriculture. The motion carried
unanimously.
3. Subject: Application for Alcoholic Beverage License for Rootstock Wine Bar, 19389
Stevens Creek Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for Rootstock Wine Bar, 19389
Stevens Creek Boulevard
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS-None
ORDINANCES AND ACTION ITEMS
4. Subject: Policy establishing procedures for authorizing the processing of GPA
applications
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City Council Minutes September 1, 2015
Recommended Action: Adopt Resolution No. 15-078 adopting procedures for
authorizing the processing of General Plan amendment applications
Description: Application No(s): CP-2015-02, Applicant(s): City of Cupertino, Location:
Citywide; City Project for City Council to consider adopting a policy and resolution
establishing procedures for authorizing the processing of General Plan Amendment
applications
Written communications for this item included letters and emails to Council and a staff
PowerPoint presentation.
Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation.
The following individuals spoke on this item:
Kevin McClellan on behalf of Cupertino Chamber of Commerce
Frank Geefay
Patricia Sausedo on behalf of Building Industry Association (BIA) Bay Area
Cathy Helgersen
Jennifer Griffin
Jon Willey (distributed written material)
Yu Ying
Xiaowen Wang on behalf of Better Cupertino (distributed written material)
Liang-Fang Chao
Peggy Griffin
Darrel Lum on behalf of Concerned Citizens of Cupertino (CCC)
Jason Lundgaard on behalf of Apple
Steven Scharf
Mark Tersini on behalf of CT Urban
Poonam Pandey
Their comments included: adopt allocations; have one project submitted at a time;
concern for sustainable growth and infrastructure not keeping up with increased
traffic; issues with adequate housing; no support for community benefits; no support
for applications 4 times a year; no hidden items on agendas; residents need to be
involved in stakeholder meetings; policy too vague and non-specific; each project
should stand in its own; need definition of retail; remove voluntary community
amenities from policy; discourage in lieu fees; add sufficient public noticing; keep
existing process and allocations as approved in November; how handle conflicts of
interest if projects are bundled together; prevent rezoning of commercial land for
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City Council Minutes September 1, 2015
housing; applications should stand on their own without community benefits; Oaks
Shopping Center revitalization includes modest amendments for a successful mixed-
use project; impact to schools with Vallco development.
Staff answered questions from Council and also addressed the questions the public had
asked.
Chang moved and Vaidhyanathan seconded, and the motion carried with Paul and
Wong voting no to adopt Resolution No. 15-078 adopting procedures for authorizing
the processing of General Plan amendment applications with the following
amendments:
• Proposals for General Plan Amendment applications can be made 2x /year (two
postcard notices every year)
• Any rejected proposals may be resubmitted with minor amendments within 30 days
• Remove language requiring applicants to wait for one year for reapplication
• Revise community benefits language to note that if any are proposed these should be
submitted with project proposal
Wong noted for the record that he voted no because the community members who
spoke did not support the change and that the new process isn't the right way for
Cupertino.
Paul noted for the record that he voted no because the policy is wasteful and ill-
considered; would create at least two meetings for GP A every year and invite up to
four meetings with the appeal process; it hasn't been established that this process
would give more or better community benefits; the sentiment of the community
members is that they don't want it.
5. Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter 28 to
provide an expedited streamlined permitting process for small residential rooftop
systems as mandated by the State of California, and City Manager authorization to
adopt an electronic signature policy
Recommended Action: 1. Conduct the first reading of Ordinance No. 15-2133: "An
Ordinance of the City Council of the City of Cupertino amending Cupertino Municipal
Code Title 16 to add Chapter 28 to provide an expedited streamlined permitting
process for small residential rooftop systems"; and 2. Authorize the City Manager to
adopt a policy to accept e-signatures in compliance with State Law
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City Council Minutes September 1, 2015
Assistant City Manager Aarti Shrivastava reviewed the staff report.
Staff answered questions from Council.
Jennifer Griffin talked about concerns with using the word streamlining and asked if
this item pertained to solar on a home or business.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Chang seconded to read Ordinance No. 15-2133 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.
Council gave direction to staff to look into including triplex, 4-plex, and small
commercial buildings less than 10,000 square feet at the second reading.
Wong moved and Chang seconded to authorize the City Manager to adopt a policy to
accept e-signatures in compliance with State Law only for social rooftop systems and
gave direction to come back at a future date to extend the policy for accepting e-
signatures for other items. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
6. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that there was a soft opening of the Environmental
Education Center (EEC) and that there would be a formal opening later in October.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 10:35 p.m., Mayor Sinks adjourned the meeting to a Special Meeting on Sept 11 at 9:00
a.m. Note: The next regular meeting will be September 15.
G~Jt
Grace Schmidt, City Clerk
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City Council Minutes September 1, 2015
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,
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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