CC 04-18-2017CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 18, 2017
SPECIAL CITY COUNCIL MEETING
At 5:00 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in
the City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf, and Rod Sinks.
Council went into closed session and reconvened in open session at 6:45 p.m. in the
Cupertino Community Hall Council Chambers~ 10350 Torre A venue for the Regular
Meeting.
CLOSED SESSION
1. Subject: Conference with Legal Counsel-Existing litigation (Subdivision (a) of Gov't
Code Section 54956 .9); Name of Claimant: Adeline Chiu; Claim No.: ABGV23821Al
2 .
Mayor Vaidhyanathan announced that Council met in closed session and gave
direction to staff.
Subject: Conference with Real Property Negotiators pursuant to Government Code
Section 54956 .8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue
and APN 381 -19-015, Lawrence Ex12resswa y at Doy le Road. Agency Negotiators: ggu_i __
Guzman and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads
and Airports; City of San Jose. Under Negotiation: Price and terms of payment
Mayor Vaidhyanathan announced that Council met in closed session and gave
direction to staff.
ADJOURNMENT
City Council Minutes April 18, 2017
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
Cvpertino Community Hall Council Chambers, 10350 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf and Rod Sinks. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS-None
POSTPONEMENTS -None
ORAL COMMUNICATION
Cathy Helgerson talked about a Lehigh Cement and Quarry Wastewater Treatment Plan
proposal with Santa Clara County. (She distributed written comments).
Paulette Altmaier talked about Vallco redevelopment.
Art Cohen from BlueLight Cinemas, Deanna Pursai, Executive Director of the College of
Adaptive Arts and Katie Zeisl, Director of the School of Theater and Special Events talked
about the upcoming 9th Annual Film Festival sponsored by the College of Adaptive Arts.
Some of the students also spoke. (They distributed a flyer).
CONSENT CALENDAR
Scharf moved and Chang seconded to approve the items on the Consent Calendar as
presented except for item number 3 which was pulled by a member of the public. A yes:
Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None.
1. Subject: Approve the April 4 City Council minutes
Recommended Action: Approve the April 4 City Council minutes
2. Subject: Approval of the City of Cupertino's Green Infras tructure Plan Framework
Recommended Action: Approve the Green Infrastructure Plan Framework (Workplan)
to complete a State-mandated Green Infrastructure Plan for the City of Cupertino by
September 2019
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City Council Minutes April 18, 2017
3.
4.
5.
Subject: Adoption of resolution, verifying that the City of Cupertino complies with the
terms of the Surplus Land Act -Assembly Bill 2135 (California Government Code
Section 54220, et seq.)
Recommended Action: Adopt Resolution No. 17-034, verifying that the City of
Cupertino complies with the terms of the Surplus Land Act -Assembly Bill 2135
(California Government Code Section 54220, et seq.)
Jennifer Griffin spoke on this item.
Sinks moved and Chang seconded to adopt Resolution No. 17-034, verifying that the
City of Cupertino complies with the terms of the Surplus Land Act -Assembly Bill 2135
(California Government Code Section 54220, et seq.). The motion carried unanimously.
Subject: Adopt a resolution authorizing the City Council to designate various staff
positions as applicant's agents to represent the City for any applications with the State
Office of Emergency Services (OES) and Federal Emergency Management Agency
(FEMA) for disaster assistance
Recommended Action: Adopt Resolution No. 17-035 authorizing the City Council to
designate various staff positions as applicant's agents to represent the City for any
applications with the State Office of Emergency Services (OES) and Federal Emergency
Management Agency (FEMA) for disaster assistance
Subject: Application for Alcohol Beverage License for R&T Uniwealth, Inc. (dba Fish Is
Wild), 20672 Homestead Road
. Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for R&T
Uniwealth, Inc. (dba Fish Is Wild), 20672 Homestead Road
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
6. Subject: Annual review of the City's Non-Point Source Control and Stormwater
Management Program (flood control and creek pollution prevention) and approval to
renew the collection of existing storm drain fees at no increase in rates for fiscal year
2017-2018
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City Council Minutes April 18, 2017
Recommended Action: Consider all objections or protests and adopt Resolution No. 17-
036 for approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2017-2018
Director of Public Works Timm Borden reviewed the staff report.
Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, Mayor
Vaidhyanathan closed the public hearing.
Sinks moved and Chang seconded to adopt Resolution No. 17-036 for approval and
renewal of the collection of existing storm drain fees at no increase in rates for fiscal
year 2017-2018. The motion carried unanimously.
7. Subject: Municipal Code Amendment to Title 19, Zoning, of the Cupertino Municipal
Code, to allow the creating of Single-Story Overlay Zones in single-family residential
zoning districts, and an amendment to Fiscal Year 2016-17 Fee Schedule (Application
No(s).: MCA-2017-02; Applicant(s): City of Cupertino; Location: citywide)
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2162 "An
Ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of
the Cupertino Municipal Code Chapter 19.12 (Administration), Chapter 19.20
(Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones), and
Chapter 19.28 (Single-Family Residential R-1) Zones), to create a Single-Story Overlay
District process"; and 3. Adopt Resolution No.17-037, amending the 2016-17 Fee
Schedule to include Single-Story Overlay District applications (Resolution No.16-131),
effective June 19, 2017
Written communications for this item included redline changes to the ordinance and a
staff Power Point presentation.
Associate Planner Erick Serrano reviewed the staff report via a PowerPoint
presentation.
Staff answered questions from Councilmembers.
Mayor Vaidhyanathan opened the public hearing and the following individuals spoke :
Cathy Helgerson
Jennifer Griffin
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City Council Minutes April 18, 2017
Mayor Vaidhyanathan closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Scharf seconded to find that the proposed actions are exempt from
CEQA. The motion carried with Chang voting no.
Sinks moved and Scharf seconded to read Ordinance No. 17-2162 by title only and that
the City Clerk's reading would constitute the first reading thereof with an amendment
to add the following language to Section 19.12.090Cl: "(each developable lot of record
shall have one (1) vote)." Ayes: Vaidhyanathan, Paul, Scharf and Sinks. Noes: Chang.
Abstain: None. Absent: None.
Sinks moved and Scharf seconded to adopt Resolution No.17-037, amending the 2016-
17 Fee Schedule to include Single-Story Overlay District applications (Resolution
No.16-131), effective June 19, 2017. The motion carried with Chang voting no.
ORDINANCES AND ACTION ITEMS
8. Subject: First Reading of an ordinance amending section 11.27.145 of the Cupertino
Municipal Code relating to Designation of Preferential Parking Zone on Randy Lane,
Larry Way and a portion of Merritt Drive
Recommended Action: Conduct the first reading of Ordinance No. 17-2163: "An
Ordinance of the City Council of the City of Cupertino amending section 11.27.145 of
the Cupertino Municipal Code relating to designation of preferential parking zones" on
Randy Land, Larry Way, and a portion of Merritt Drive, Monday through Friday
between 8 a.m. and 4 p.m.
Written communications for this item included an email to Council.
Director of Public Works Timm Borden reviewed the staff report.
The following individuals spoke on this item:
Laura Auch
Suong Diec
Jerry Tallinger
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City Council
Ed Auch
J.R. Fruen
Mark Chen
Jennifer Griffin
Minutes
City Clerk Grace Schmidt read the title of the ordinance.
April 18, 201 7
Chang moved and Sinks seconded to read Ordinance No. 17-2163 by title only and
that the City Clerk's reading would constitute the first reading thereof. Ayes:
Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent:
None.
REPORTS BY COUNCIL AND STAFF
9. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt reminded Councilmembers that they are able to call a
point of order during the meeting regarding any unclear motions. He also reminded
Councilmembers that Council has a directive regarding not asking questions of
speakers during Oral Communications.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 8:52 p .m., Mayor Vaidhyanathan adjourned the meeting.
Grace Schmidt, City Clerk
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