04-05-2016 Special Meeting following Regular Meeting searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, April 5, 2016
10350 Torre Avenue, Council Chamber
CITY COUNCIL
9:00 PM
Televised Special Meeting (9:00 p.m. or immediately following the regular meeting)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Tuesday, April 05, 2016, commencing at 9:00 p.m. or
immediately following the regular meeting in Community Hall Council Chamber,
10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be
for the purpose of conducting business on the subject matters listed below under
the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL
ORDINANCES AND ACTION ITEMS
1.Subject: Consideration of an amendment to Cupertino Citizens' Sensible Growth
Initiative (CCSGI) ballot question to clarify the nature of the Initiative, including
that it will "increase" heights in the Neighborhoods, and amend City Council
Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question
Recommended Action: Adopt Resolution No. 16-032 amending City Council
Resolution Nos. 16-028 and 16-029 to reflect the amended ballot question
A - Draft Resolution (Redline)
B - Draft Resolution (Clean)
ADJOURNMENT
Page 1 CITY OF CUPERTINO
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April 5, 2016City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s
office for more information or go to http://www.cupertino.org/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 2 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1614 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:4/4/2016 City Council
On agenda:Final action:4/5/2016
Title:Subject: Consideration of an amendment to Cupertino Citizens' Sensible Growth Initiative (CCSGI)
ballot question to clarify the nature of the Initiative, including that it will "increase" heights in the
Neighborhoods, and amend City Council Resolution Nos. 16-028 and 16-029 to reflect the amended
ballot question
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution (Redline)
B - Draft Resolution (Clean)
Action ByDate Action ResultVer.
City Council4/5/20161
Subject:ConsiderationofanamendmenttoCupertinoCitizens'SensibleGrowthInitiative
(CCSGI)ballotquestiontoclarifythenatureoftheInitiative,includingthatitwill"increase"
heightsintheNeighborhoods,andamendCityCouncilResolutionNos.16-028and16-029to
reflect the amended ballot question
AdoptResolutionNo.16-032amendingCityCouncilResolutionNos.16-028and16-029to
reflect the amended ballot question
CITY OF CUPERTINO Printed on 4/4/2016Page 1 of 1
powered by Legistar™3
RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE BALLOT QUESTION FOR THE CUPERTINO CITIZENS’
SENSIBLE GROWTH INITIATIVE AND AMENDING RESOLUTIONS 16-028
AND 16-029
WHEREAS, on March 31, 2016, the City Council accepted a report
prepared pursuant to Elections Code Section 9212 (“9212 Report”) on the Cupertino
Citizens’ Sensible Growth Initiative entitled, “Initiative amending Cupertino's
General Plan to limit redevelopment of the Vallco Shopping District, limit building
heights and lot coverages in areas throughout the City, establish new setbacks and
building planes on major thoroughfares, and require voter approval for any changes
to these provisions” (hereafter “Initiative”); and
WHEREAS, on March 31, 2016, the City Council adopted Resolution 16-
028, Resolution of the City Council of the City of Cupertino Calling and Giving
Notice of the Holding of a General Municipal Election to be Held on November 8,
2016, for the Submittal to the Voters of a Ballot Measure to Limit Redevelopment of
the Vallco Shopping District, Limit Building Heights and Lot Coverages Throughout
the City, and Establish New Setbacks and Building Planes on Major Thoroughfares;
and Requesting the Assistance of the County of Santa Clara for the Consolidation of
the Election and to Render Specified Services to the City of Cupertino Relating to the
Conduct of the Election; and
WHEREAS, on March 31, 2016, the City Council adopted Resolution 16-
029, A Resolution of the City Council of the City of Cupertino Providing for
Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis; and
WHEREAS, both Resolution 16-028 and 16-029 contain the proposed
ballot question for the Initiative as follows:
Deleted: MEASURE
4
Resolution No. 16-__ Page 2
Shall an initiative ordinance be adopted amending
Cupertino’s General Plan to limit redevelopment of
the Vallco Shopping District, limit building heights
along major mixed-use corridors, establish a 45 feet
maximum building height in the Neighborhoods,
limit lot coverages for large projects, establish new
setbacks and building planes on major
thoroughfares, and require voter approval for any
changes to these provisions?
YES
NO
WHEREAS, upon receiving the information contained in the Elections Code
9212 Report, the City Council determines that a change in language may provide
increased information to the voters about the Initiative, and that such change is
accurate, impartial and not misleading;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That Resolution 16-028 and Resolution 16-029 be amended to
reflect the following ballot question to be submitted to the voters:
Shall an initiative ordinance be adopted amending
Cupertino’s General Plan to limit redevelopment of
the Vallco Shopping District, limit building heights
along major mixed-use corridors, increase to 45 feet
the maximum building height in the
Neighborhoods, limit lot coverages for large
projects, establish new setbacks and building planes
on major thoroughfares, and require voter approval
for any changes to these provisions?
YES
NO
Deleted: establish a
5
Resolution No. 16-__ Page 3
SECTION 2. That Resolution 16-028 and Resolution 16-029 remain unchanged
in all other respects.
SECTION 3: That Resolution 16-030 relating to the Initiative also adopted on
March 31, 2016, is not changed by this Resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City
of Cupertino this ___ day of April, 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ _________________________________
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino
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RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE BALLOT QUESTION FOR THE CUPERTINO CITIZENS’
SENSIBLE GROWTH INITIATIVE AND AMENDING RESOLUTIONS 16-028
AND 16-029
WHEREAS, on March 31, 2016, the City Council accepted a report
prepared pursuant to Elections Code Section 9212 (“9212 Report”) on the Cupertino
Citizens’ Sensible Growth Initiative entitled, “Initiative amending Cupertino's
General Plan to limit redevelopment of the Vallco Shopping District, limit building
heights and lot coverages in areas throughout the City, establish new setbacks and
building planes on major thoroughfares, and require voter approval for any changes
to these provisions” (hereafter “Initiative”); and
WHEREAS, on March 31, 2016, the City Council adopted Resolution 16-
028, Resolution of the City Council of the City of Cupertino Calling and Giving
Notice of the Holding of a General Municipal Election to be Held on November 8,
2016, for the Submittal to the Voters of a Ballot Measure to Limit Redevelopment of
the Vallco Shopping District, Limit Building Heights and Lot Coverages Throughout
the City, and Establish New Setbacks and Building Planes on Major Thoroughfares;
and Requesting the Assistance of the County of Santa Clara for the Consolidation of
the Election and to Render Specified Services to the City of Cupertino Relating to the
Conduct of the Election; and
WHEREAS, on March 31, 2016, the City Council adopted Resolution 16-
029, A Resolution of the City Council of the City of Cupertino Providing for
Written Arguments Regarding a City Measure and Directing the City Attorney to
Prepare an Impartial Analysis; and
WHEREAS, both Resolution 16-028 and 16-029 contain the proposed
ballot question for the Initiative as follows:
7
Resolution No. 16-__ Page 2
Shall an initiative ordinance be adopted amending
Cupertino’s General Plan to limit redevelopment of
the Vallco Shopping District, limit building heights
along major mixed-use corridors, establish a 45 feet
maximum building height in the Neighborhoods,
limit lot coverages for large projects, establish new
setbacks and building planes on major
thoroughfares, and require voter approval for any
changes to these provisions?
YES
NO
WHEREAS, upon receiving the information contained in the Elections Code
9212 Report, the City Council determines that a change in language may provide
increased information to the voters about the Initiative, and that such change is
accurate, impartial and not misleading;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That Resolution 16-028 and Resolution 16-029 be amended to
reflect the following ballot question to be submitted to the voters:
Shall an initiative ordinance be adopted amending
Cupertino’s General Plan to limit redevelopment of
the Vallco Shopping District, limit building heights
along major mixed-use corridors, increase to 45 feet
the maximum building height in the
Neighborhoods, limit lot coverages for large
projects, establish new setbacks and building planes
on major thoroughfares, and require voter approval
for any changes to these provisions?
YES
NO
8
Resolution No. 16-__ Page 3
SECTION 2. That Resolution 16-028 and Resolution 16-029 remain unchanged
in all other respects.
SECTION 3: That Resolution 16-030 relating to the Initiative also adopted on
March 31, 2016, is not changed by this Resolution.
PASSED AND ADOPTED at a special meeting of the City Council of the City
of Cupertino this ___ day of April, 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ _________________________________
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino
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