CC 04-05-2016CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 5, 2016
SPECIAL CITY COUNCIL MEETING
At 4:30 p.m. Mayor Barry Chang called the Special City Council meeting to order m
Cupertino City Hall Conference Room A, 10300 Torre A venue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
Council went into closed session and reconvened in open session at 5:20 p.m. in the Cupertino
Community Hall Council Chamber, 10350 Torre A venue for a study session regarding the
Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (Stevens Creek
Corridor Master Plan).
CLOSED SESSION
1. Subject: Conference with legal counsel -Existing Litigation pursuant to Paragraph (1)
of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Navistar, Inc.
Mayor Chang announced that Council met with legal counsel and gave direction.
la. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure
to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9
Mayor Chang announced that Council met with legal counsel and no action was taken.
STUDY SESSION
2. Subject: Review the Stevens Creek Boulevard to McClellan Road Creek Corridor
Master Plan (Stevens Creek Corridor Master Plan) Draft preferred alternative.
Recommended Action: Review the draft preferred alternative for the Stevens Creek
City Council Minutes April 5, 2016
Corridor Master Plan and provide direction to staff regarding proceeding with
environmental evaluation.
Written communications for this item included emails and a letter to Council, map of
preferred alternative plan and a consultant PowerPoint presentation.
Director of Recreation and Community Services Carol Atwood reviewed the staff
report and introduced the consultants.
Laurie Matthews, Director of Preservation Planning + Design and Senior Project
Manager at MIG, Inc. made a PowerPoint presentation on the Draft preferred
alternative.
Ed Getherall, Sr. Director of Operations at NGF Consulting National Golf Foundation
and Forrest Richardson from Forrest Richardson & Associates Golf Course Architects
(A.S.G.C.A .) made a PowerPoint presentation regarding the golf course component.
Consultants and staff answered questions from Council.
The following individuals spoke on this item:
David Fung
Ed Bloom
Geoff Paulsen
Dave McLeroy
Rhoda Fry
Orrin Mahoney
Paula Davis
Shani Kleinhaus on behalf of Santa Clara Valley Audubon Society
Their comments included: supportive of moving forward with CEQA process; need to
slow down bike traffic in trail through park; concern about Cupertino supporting non-
Cupertino organizations; add provision that if golf course closes, return it to natural
space; supportive of Master Plan project; focus on golf course; relocate the swimming
pools; investigate other alternatives for access; if Blue Pheasant torn down, do not
replace it; fi x barn at McClellan Ranch; concern about narrow corridor with golf course;
continue creek restoration; move golf clubhouse and roads as close to Stevens Creek
Boulevard as possible; build new bridge over creek only if absolutely necessary;
parking should be for everyday use only.
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Paul moved and Wong seconded to continue the item to a future meeting to be
determined. The motion carried unanimously.
ADJOURNMENT
At 6:40 p.m. Mayor Chang adjourned the Special Meeting. Council recessed from 6:40 p.m. to
7:07p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 7:07 p.m. Mayor Barry Chang called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Present proclamation to the Asian American Parent Association (AAPA)
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to representatives of AAP A.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Glenn Lee talked about his appeal on his property and the Administrative Citation process.
Rhoda Fry talked about the Blackberry Farm Picnic Area and budget costs.
Helene Davis on behalf of Cupertino Historical Society talked about the Society's upcoming
brochure on historical sites in Cupertino.
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DeAnna Pursai, Art Cohen, Katie Zeisl and Pamela Lindsay on behalf of Bluelight Cinemas
College of Adaptive Arts talked about a special film festival coming up on April 24 from 2:00-
5:00 p.m.
Liang Chao talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI) 9212
report.
Luke Lang talked about the CCSGI 9212 report.
Peggy Griffin talked about the Special Council Meeting that was called for after tonight's
Regular Meeting regarding the CCSGI ballot question.
Ignatius Ding talked about resident safety.
Ray Lin on behalf of Boy Scout Troop 453 talked about working on his badge by visiting a
Council meeting and urged voting in the upcoming election. Other members of the troop
(Aaron, Ethan, Jackie, Ivan) also introduced themselves .
Lisa Warren talked about rezoning at Vallco regarding retail.
Xiaowen Wang talked about the Special Council Meeting that was called for after tonight's
Regular Meeting regarding the CCSGI ballot question.
Jerry Sheahan talked about the Brown Act, dialoguing with Council members and The Hills at
Valko project.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as
presented. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
2. Subject: Approve the March 15 City Council minutes
Recommended Action: Approve the minutes
3. Subject: Affirm Nina Daruwalla as a community member and Sue Bos e as the Business
Representative on the Housing Commission in order to meet the Cupertino Municipal
Code requirements
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Recommended Action: Affirm Nina Daruwalla as a community member and Sue Bose
as the Business Representative on the Housing Commission
4. Subject: Accept the City Financial Reports for Fiscal Year ending June 30, 2015
Recommended Action: Accept the City Financial Reports for Fiscal Year ending June
30,2015
5. Subject: Application for Alcoholic Beverage License for Hi Pot, 19066 Stevens Creek
Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Hi
Pot, 19066 Stevens Creek Boulevard
6. Subject: Application for Alcoholic Beverage License for Aya Japan House, 10789 South
Blaney A venue
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Aya
Japan House, 10789 South Blaney Avenue
7. Subject: Application for Alcoholic Beverage License for Panino Guisto, 19469 Stevens
Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Panino Guisto, 19469 Stevens Creek Boulevard
8. Subject: Application for Alcoholic Beverage License for Crab Lover, 10275 South De
Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Crab
Lover, 10275 South De Anza Boulevard
9. Subject: Application for Alcoholic Beverage License for Cupertino Valero, 10002 North
De Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Cupertino Valero, 10002 North De Anza Boulevard
SECOND READING OF ORDINANCES
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10. Subject: Second Reading of a Municipal Code Amendment to repeal Chapter 14.15 of
the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a
new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and
to comply with state-mandated updates to the Model Water-Efficient Landscape
Ordinance as directed by Governor Brown's Executive Order B-29-15; Application
No.(s):MCA-2015-02; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2142,
"An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of
the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a
new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and
to comply with state-mandated updates to the Model Water-Efficient Landscape
Ordinance"
Written communications for this item included a staff PowerPoint presentation.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 16-2142 by title
only and that the City Clerk's reading would constitute the second reading thereof.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2142. Ayes:
Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS
11. Subject: Fiscal Year 2016-17 Fee Schedule (continued from March 15)
Recommended Action: Adopt Resolution No. 16-031 approving the Fiscal Year 2016-17
Fee Schedule, effective July 1, 2016
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Jacqueline Guzman reviewed the staff report via
PowerPoint presentation.
Staff answered questions from Council.
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The following individuals spoke on this item:
Peggy Griffin (Schedule E and calculation of class cost)
Barbara McArthur (Cupertino Rotary non-profit needing affordable space for
meetings)
Wong moved and Paul seconded to continue the item to the next Council meeting. The
motion failed with Wong and Paul voting yes and Chang, Sinks, and Vaidhyanathan
voting no.
Sinks moved to adopt Resolution No. 16-031 with amendments as noted below and
Vaidhyanathan seconded with a friendly amendment to phase in fees for non-profits
and residents for two years. Sinks did not accept the friendly amendment and
Vaidhyanathan withdrew her second.
Paul seconded Sinks motion to adopt the resolution with amendments as noted below
with a friendly amendment to hold non-residential fees steady as status quo in those
instances where resident fees are increased. Sinks accepted the friendly amendment.
The motion carried with Wong voting no.
The final motion was to adopt Resolution No. 16-031 approving the Fiscal Year 2016-17
Fee Schedule, effective July 1, 2016 with the following amendments:
• Schedule E -Maintain status quo on facility rental structure and fees for non-profit
categories
• Hold non-residential fees steady as status quo in those instances where resident fees
are increased
• Consolidate non-profit categories 2 and 3
• Reduce non-profit demonstration from 51 % to 1/3 of members
• Make adjustments to all other fees as recommended by staff but cap anything over 20%
of comp averages and bring any exceptions above 20% to Council with written
explanation and justification for approval
• Defer political sign fee increase until sign ordinance comes to Council and then bring
political sign fee back for consideration at that time
ORDINANCES AND ACTION ITEMS
12. Subject: Discuss procedure for handling Oral Communications at Council meetings
Recommended Action: Discuss procedure for handling Oral Communications at
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Written communications for this item included emails to Council.
The following individuals spoke on this item and were opposed to making any changes
to the procedure for handling Oral Communications:
Peggy Griffin
Randy Shingai
Jennifer Griffin
Xiaowen Wang
Sinks moved and Vaidhyanathan seconded and the motion carried with Wong voting
no to handle Oral Communications at Council meetings in the following manner:
Establish a two-month trial period whereby Council will hear the first eight persons
who have submitted speaker cards, with mayor discretion to allow more than eight
persons, including special consideration for seniors and youth groups. The remainder
of the speakers wishing to address the Council on non-agenda items will be heard at
the end of the agenda.
REPORTS BY COUNCIL AND STAFF
13. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt introduced Cupertino's new Chief Technology Officer Bill
Mitchell.
Council members highlighted the activities of their committee s and various
community events.
ADJOURNMENT
At 10:05 p.m., Mayor Chang adjourned the meeting.
G;wu ~Jf
Grace Schmidt, City Clerk
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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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