CC 08-20-2019 (Special) C U P E RT I N O APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, August 20, 2019
SPECIAL CITY COUNCIL MEETING
At 5:32 p.m. Mayor Steven Scharf called the Special City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod
Sinks (5:33 p.m.), and Jon Robert Willey (5:34 p.m.). Absent: None.
STUDY SESSION
1. Subject: Study session to discuss how the 2016 Bicycle Transportation Plan and 2018
Pedestrian Transportation Plan Projects have been brought to Council for consideration,
how currently funded projects are being scheduled for completion, and recommendation
of project information and impacts staff is to consider and describe for future funding
requests
Recommended Action: Receive presentation and provide input
Written communications for this item included emails to Council, amended Attachment D
-Bike-Ped Project Schedules, and a presentation.
Director of Public Works Roger Lee and Capital Improvement Program (CIP) Manager
Michael Zimmerman reviewed the presentation.
Business Systems Analyst Adam Araza demonstrated an online GIS CIP project viewer
application.
Mayor Scharf opened public comment and the following individuals spoke:
Linda Wyckoff (Cupertino resident) talked about Regnart Creek Trail, and asked how
bicycle boulevards would link to schools.
City Council Minutes August 20, 2019
Jennifer Griffin talked about the experimental bollards, and trees on Stevens Creek Blvd.
between Tantau and Wolfe.
Benaifer Dastoor (Cupertino resident) talked about Regnart Creek Trail, and bicycle
collision maps noting stress areas.
Mayor Scharf closed public comment.
Council comments included:
Paul: Place greater scrutiny on projects outside annual CIP process; modify flow chart to
include Planning Commission recommendation of conformance to the General Plan before
goes to Council; Planning Commission agenda item#4 from 5-28-19 meeting includes text
of General Plan conformance and Cupertino Municipal Code (CMC) that governs review
of CIP; our CMC requires only annual review but Government Code could possibly
include additional review; maybe amend CMC to cover certain projects and have City
Attorney's Office look into this. (Chao support last item).
Chao: Make sure to include all attachments in agenda packet for Bike Ped Commission
meetings; when the Bike & Ped Plan is updated next year, review scoring to be more
objective when giving points to projects; include project initiation forms; for projects
outside normal annual CIP process(such as donations)need to consider and explain delay
to high priority projects and/or other projects added;schedule (attachment D) is nice;work
with community more on Bike Plan update.
Willey: Have schedule (Attachment D — Bike-Ped Project Schedules) starting from 2016
when Bike Plan was approved.
Council direction to staff included:
• Modify the "Projects outside the Annual CIP" flowchart to include Planning
Commission recommendation of conformance to the GP before returning to Council.
• When the Bike &Ped plan is updated, review scoring to be more objective when giving
points to projects.
• Include more details about the project when considering approval, consider including
the project initiation forms.
• Projects outside normal annual CIP process need to consider and explain impact to high
priority projects. This also applies to other projects proposed annually.
• Expand the schedules in Attachment D—Bike-Ped Project Schedules to show prior years
and out-years.
City Council Minutes August 20, 2019
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
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At 6:45 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
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ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod
Sinks (6:47 p.m.), and Jon Robert Willey. Absent: None.
Mayor Scharf reported out from the closed session held on August 19, 2019.
Before Council went into closed session, the following individual spoke in open session:
Sandra James (Cupertino resident)
1. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8);
Property: Cupertino Municipal Water System; Agency Negotiators: Roger Lee and
Deborah Feng;Negotiating Parties:City of Cupertino and San Jose Water Company;Under
Negotiation: Terms for City Leased Asset.
Council provided direction to its negotiators regarding potential terms for a renegotiated
lease of the Cupertino Municipal Water system. No reportable action was taken.
2. Subject: Conference with Legal Counsel pursuant to Government Code section
54956.9(d)(1); Re: Pending Litigation; Friends of Better Cupertino, et al. v. City of
Cupertino; Santa Clara County Superior Court, Case No. 18CV330190 (SB 35 Vallco
Project).
The Council discussed with legal counsel this pending litigation for which discussion in
open session would prejudice the City in the litigation. No reportable action was taken.
3. Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to Government Code section 54956.9(d)(2): One potential case.
City Council Minutes August 20, 2019
No reportable action was taken.
4. Subject: Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation
pursuant to Government Code Section 54956.9(d)(4): Two potential cases.
No reportable action was taken on the first potential case. No reportable action was taken
on the second potential case.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Muni Madhdhipatla (Cupertino resident) talked about the Ride4Diabetes community event to be
held in Memorial Park on 9/8/19 sponsored by Lions Club International (provided flyers).
Brooke Ezzat (Cupertino resident) talked about housing policy in Cupertino.
Sidhar M (Cupertino resident) talked about support for Regnart Creek Trail.
Larry Dean (Cupertino resident) on behalf of Walk-Bike Cupertino talked about support for
Regnart Creek Trail.
Ignatius Y Ding (Cupertino resident) talked about removing David Fung from the Planning
Commission (provided written comments).
Greg Schaffer (Cupertino resident) talked about outsider influence on the community.
Richard Mehlinger (Sunnyvale resident) talked about removing Ray Wang from the Planning
Commission.
Dolly Sandoval (Cupertino resident) talked about the recent ribbon cutting at Veranda, and
concern over Planning Commissioner Ray Wang's remarks.
Heather Dean (Cupertino resident) talked about concern over the recent Cupertino Town Hall
Meeting being recorded by a member of the public.
J.R. Fruen (Cupertino resident) talked about concern over Planning Commissioner Ray Wang's
remarks.
City Council Minutes August 20, 2019
Rhoda Fry talked about Lehigh Cement Company and a Bay Area Air Quality Management
District(BAAQMD) meeting (provided written comments).
Ed Hirshfield (Cupertino resident) talked about removing item #11 regarding Vallco from the
agenda as it wasn't properly noticed.
Jeonghee Yi (Cupertino resident) talked about Bike/Ped priorities and Regnart Creek Trail, and
to spend money on other projects rather than Regnart Creek Trail to address collision problem
areas.
Goeff Paulsen (Cupertino resident) talked about transportation issues.
Danessa Techmanski (Cupertino resident) talked about disappointment over California housing
bills.
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James Moore (Cupertino resident) talked about unfair accusations against Planning
Commissioner Ray Wang.
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Lisa Warren talked about respecting the General Plan and Vallco decisions made in 2014
(provided written comments). j
Tessa Parish (Cupertino resident) talked about unfair attacks on Planning Commissioner Ray
Wang.
Cup Rez (Cupertino resident) talked about the California housing crisis and Cupertino having a
good housing/jobs balance.
REPORTS BY COUNCIL AND STAFF (10 minutes)
1. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
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Councilmembers highlighted the activities of their committees and various community
events.
CONSENT CALENDAR
Willey moved and Sinks seconded to approve the items on the Consent Calendar as presented
except for item numbers 4 and 8 which were pulled for discussion. Ayes: Scharf, Chao, Paul,
Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
City Council Minutes August 20, 2019
2. Subject: FY 2017-18 Comprehensive Annual Financial Report (CAFR) and related
supplemental reports.
Recommended Action: Approve the FY 2017-18 Comprehensive Annual Financial Report
(CAFR) and related supplemental reports.
3. Subject:Treasurer's Investment Report for period ending June 30, 2019
Recommended Action: Approve the Treasurer's Investment Report for period ending June
30, 2019.
4. Subject: Updated Joint Use Agreement between the City of Cupertino and Cupertino
Union School District (CUSD) pertaining to maintenance and improvements of certain
open space areas within specific school sites for reimbursement of authorized Clean Water
and Storm Protection Fees
Recommended Action: 1. Authorize the City Manager to execute an updated Joint Use
Agreement between the City of Cupertino and CUSD; and 2. Authorize expenditures in
the amount of $8,705.80 from the Non-Point Source Fund to reimburse CUSD for Clean
Water and Storm Protection Fees associated with certain open space areas within specific
school sites
Written communications for this item included an email to Council.
Director of Public Works Roger Lee reviewed the item.
Mayor Scharf opened public comment and the following individuals spoke:
Peggy Griffin (Cupertino resident) said Sedgewick and Lawson should be on the list.
Lisa Warren agreed with Peggy Griffin and asked about meetings with CUSD regarding
this topic and others.
Mayor Scharf closed public comment.
Paul moved and Sinks seconded to authorize the City Manager to execute an updated Joint
Use Agreement between the City of Cupertino and CUSD; and 2. Authorize expenditures
in the amount of$8,705.80 from the Non-Point Source Fund to reimburse CUSD for Clean
Water and Storm Protection Fees associated with certain open space areas within specific
school sites; and 3. Provide direction to staff and the CM to approach the CUSD
administration and its Superintendent regarding the subsequent inclusion of both Lawson
City Council Minutes August 20,2019
Middle School and Sedgewick Elementary School properties in the Joint Use Agreement.
The motion carried unanimously.
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5. Subject: Adopt the City of Cupertino Annex to the Santa Clara County Community
Wildfire Protection Plan as the City of Cupertino Community Wildfire Protection Plan.
Recommended Action: Adopt Resolution No. 19-107 which adopts the City of Cupertino
Annex to the Santa Clara County Community Wildfire Protection Plan as the City of
Cupertino's Community Wildfire Protection Plan.
6. Subject: Award Byrne Avenue Sidewalk Improvements, Project Number 2016-10
Recommended Action: Authorize the City Manager to award a contract to Granite
Construction Company in the amount of $1,853,984 and approve a construction
contingency of $185,398, for a total of $2,039,382 for the Byrne Avenue Sidewalk
Improvements, Project Number 2016-10
7. Subject: Authorize the City Manager to execute a lease agreement with the Regents of the
University of California for the Rolling Hills 4H Club for facilities at the McClellan Ranch
Preserve
Recommended Action: Authorize the City Manager to execute a lease agreement with the
Regents of the University of California for the Rolling Hills 4H Club for facilities at the
McClellan Ranch Preserve for a period of five years, from September 1, 2019 through
August 31, 2024
8. Subject: Agreement with Nomad Transit LLC (Via Transportation Inc.) for the 18-month
On-Demand Community Shuttle Pilot Program
Recommended Action: Authorize the City Manager to execute an agreement with Nomad
Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle
Pilot Program with a not-to-exceed cost of$1,750,000
City Attorney Heather Minner noted a CEQA statutory exemption requirement action that
Council also needed to take.
Sinks moved and Paul seconded to find that the approval to execute the agreement with
Nomad Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community
Shuttle Pilot Program is statutorily exempt from the California Environmental Quality Act
pursuant to Public Resources Code section 21080(b)(10), and direct staff to file a Notice of
Exemption and further finding that the approval is exempt from CEQA pursuant to Title
14 of the California Code of Regulations Chapter 3, Article 5, Section 15061(b)(3) because
it is certain that there is no possibility that this approval would have a significant effect on
the environment; and Authorize the City Manager to execute an agreement with Nomad
City Council Minutes August 20, 2019
Transit LLC (Via Transportation Inc.) for the 18-month On-Demand Community Shuttle
Pilot Program with a not-to-exceed cost of $1,750,000. Councilmember Paul encouraged
staff to make sure the program rolls out as quickly and efficiently as possible and to ensure
there is a significant roll out not just with public relations but also outreach to the
community to ensure everyone is aware of the availability. The motion carried
unanimously.
9. Subject: Accept termination of Audit Committee member James (Jim) Luther and direct
staff to fill the unscheduled vacancy in January 2020 concurrent with the annual
recruitment for all commission and committee members' terms expiring in January, 2020.
Recommended Action: Accept termination of Audit Committee member James (Jim)
Luther and direct staff to fill the unscheduled vacancy in January 2020 concurrent with the
annual recruitment for all commission and committee members'terms expiring in January,
2020.
SECOND READING OF ORDINANCES
10. Subject: Second reading of Ordinance No. 19-2186, approving a development agreement
between the City of Cupertino and Cupertino Village LP for the Cupertino Village Hotel
project located at 10801 and 10805 North Wolfe Road; APN #316-45-017, 316-05-056
Recommended Action: Conduct the second reading of Ordinance No. 19-2186: "An
Ordinance of the City Council of the City of Cupertino Approving a Development
Agreement for the Development of a new 5-story, 185 room hotel with associated site and
landscaping improvements located at 10801 and 10805 North Wolfe Road (APN: 316-45-
017 and 316-05-056."
Mayor Scharf opened public comment and the following individual spoke:
Jennifer Griffin spoke in support for this item.
Mayor Scharf closed public comment.
City Clerk Grace Schmidt read the title Ordinance No. 19-2186: "An Ordinance of the City
Council of the City of Cupertino Approving a Development Agreement for the
Development of a new 5-story, 185 room hotel with associated site and landscaping
improvements located at 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-
05-056."
City Council Minutes August 20,2019
Paul moved and Sinks seconded to read Ordinance No. 19-2186 by title only and that the
City Clerk's reading would constitute the second reading thereof.Ayes:Scharf,Chao,Paul,
Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
Paul moved and sinks seconded to enact Ordinance No. 19-2186. Ayes: Scharf, Chao, Paul,
Sinks, and Willey. Noes: None. Abstain: None. Absent: None.
Scharf moved and Willey seconded to move item numbers 12 and 13 under Ordinances and Action
Items before item number 11 under Public Hearings. The motion carried unanimously.
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ORDINANCES AND ACTION ITEMS
12. Subject: Establish a Residential Clean Water Rebate Program offering various financial
incentives to decrease storm water runoff and establish a 20% cost-share of Clean Water
and Storm Protection Fees for extremely low and very low-income property owners
Recommended Action:
1. Authorize expenditures not to exceed $25,000 per year from the Environmental
Management/Clean Creeks Fund to: A. fund the Santa Clara Valley Water District's
Rainwater Capture Program to match rebates for rain barrels, cisterns, and rain garden
construction for Cupertino residential property owners offered through the Santa Clara
Valley Water District's new program, and
B. to fund a separate City program that would provide property owners up to $3.00 per
square foot of impervious surface removed and replaced with pervious hardscape; and
2. Adopt Resolution No. 19-111 to approve a Budget Adjustment in the amount of$25,000
in the Non-Point Source Fund for the Santa Clara Valley Water District's Rainwater
Capture Program, and the new impervious pavement conversion rebate pilot program
(230-81-802); and
3. Authorize a 20% cost-share of Clean Water and Storm Protection Fees for extremely low
and very low-income property owners; and
4. Authorize expenditures not to exceed $14,000 per year from the Non-Point Source Fund
for a 20% cost-share of the 2019 Clean Water and Storm Protection fee for extremely low
and very low-income property owners (230-81-802)
Written communications for this item included a presentation.
Director of Public Works Roger Lee reviewed the presentation.
Paul moved and Scharf seconded to:
City Council Minutes August 20, 2019
1. Authorize expenditures not to exceed $25,000 per year from the Environmental
Management/Clean Creeks Fund to:
A. Fund the Santa Clara Valley Water District's Rainwater Capture Program to
match rebates for rain barrels, cisterns, and rain garden construction for Cupertino
residential property owners offered through the Santa Clara Valley Water District's
new program; and
B. Fund a separate City program that would provide property owners up to $3.00
per square foot of impervious surface removed and replaced with pervious
hardscape; and
2. Adopt Resolution No. 19-111 to approve a Budget Adjustment in the amount of
$25,000 in the Non-Point Source Fund for the Santa Clara Valley Water District's
Rainwater Capture Program, and the new impervious pavement conversion rebate
pilot program(230-81-802); and
3. Authorize a 20% cost-share of Clean Water and Storm Protection Fees for extremely
low and very low-income property owners; and
4. Authorize expenditures not to exceed $14,000 per year from the Non-Point Source
Fund for a 20% cost-share of the 2019 Clean Water and Storm Protection fee for
extremely low and very low-income property owners (230-81-802)
Council also directed staff to keep track of administrative outreach required and report
back to Council after the trial period. The motion carried unanimously.
13. Subject: Amendment to the FY 2019-2020 City Council Work Program to add a new
Community Development Work Program Item related to increasing noticing for
development projects.
Recommended Action: That the City Council decide whether to amend the 2019/2020 City
Work Program as proposed and appropriate funds to complete the project.
Director of Community Development Ben Fu reviewed the presentation.
Mayor Scharf opened public comment and the following individual spoke:
Jennifer Griffin talked about lack of noticing regarding the Urban Villages in San Jose.
Mayor Scharf closed public comment.
Council comments included:Want commitment from staff if have extra hours to pick back
up other items;add this item on wait list bucket;study and bring with fee schedule;bigger
projects with Citywide impact; add to next year's work program because other items
City Council Minutes August 20,2019
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important; leave up to staff for this year; not intended for single family residence but for
projects with significant impacts; rate noticing area depending on number of stories.
Council directed staff to place the item on next year's Work Program and as a policy, to
start requiring/encouraging applicants of large and/or controversial projects to implement I
greater noticing radius and time period.
Council recessed from 8:50 p.m. to 8:55 p.m.
PUBLIC HEARINGS
11. Subject: Vallco Shopping District Special Area General Plan Amendments and Associated
Zoning Amendments; and Second Addendum to the Environmental Impact Report for the
2014 General Plan Amendment, Housing Element Update, and Associated Rezoning
Project
Recommended Action:That the City Council: 1. Conduct the public hearing;and 2.Adopt:
a.Resolution No. 19-108, a resolution adopting a Second Addendum to the Environmental
Impact Report for the 2014 General Plan Amendment, Housing Element Update, and
Associated Rezoning Project (Attachment 1) b. Resolution No. 19-109 (GPA-2019-01), a
resolution amending the General Plan to remove Office as a permitted use from the Vallco
Shopping District Special Area and remove associated office allocations (Attachment 2); c.
Resolution No. 19-110(GPA-2019-02), a resolution amending the General Plan and General
Plan Land Use Map to establish height limits and enact development standards for
residential uses within the Vallco Shopping District Special Area and identifying a
recommended location for future residential development on 13.1 acres of the Special Area
(Attachment 3); 2. Introduce and conduct the first reading of: a. Ordinance No. 19-2187
(MCA-2019-01), "An Ordinance of the City Council of the City of Cupertino eliminating
references in the Municipal Code to the Vallco Town Center Specific Plan and adding
language establishing development standards for a new Mixed Use Planned Development
with Multifamily (R3) Residential and General Commercial zoning designation
(P(R3,CG))" (Attachment 4); and b. Ordinance No. 19-2188 (Z-2019-01), "An Ordinance of
the City Council of the City of Cupertino amending the zoning map to rezone 13.1 acres
within the Vallco Shopping District Special Area to Mixed Use Planned Development with
Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the j
remainder of the Special Area to General Commercial (CG)" (Attachment 5).
Vice Mayor Chao recused herself on this item.
Written communications for this item included emails and letters to Council,presentation,
resolution and ordinance amendments, and Councilmember Paul's comments (which can
City Council Minutes August 20, 2019
be found under "written communications" on the agendas/minutes webpage for this
meeting and also in Council agendas and packets under the "public records" link on the
City's website.
Director of Community Development Ben Fu reviewed the presentation.
Mayor Scharf opened the public hearing and the following individuals spoke:
Jennifer Griffin—no support for SB35 and concern over loss of retail in Cupertino.
Muni Madhdhipatla (Cupertino resident) - misleading communications from property
owner.
Edward Hirshfield (Cupertino resident) - support for Vallco development.
Kevin McClelland -no support for this item.
Lisa Warren-previous decision on GPA in 2014.
Charmaine Yu on behalf of the Vallco Property Owner - no support for the GP
amendments and litigation risks to the City (provided written comments).
Richard Mehlinger(Sunnyvale resident)-need to build housing and no support for the GP
amendments.
Peggy Griffin (Cupertino resident) - support for the GP amendments.
Connie Cunningham (Cupertino resident) - support for the Planning Commission
resolution to move forward with more community outreach first; support for Vallco
Specific Plan with communication with developer.
James Moore (Cupertino resident) -jobs/housing balance.
Jean Bedord (Cupertino resident) - no support for the GP amendments (provided written
comments).
Ignatius Y. Ding (Cupertino resident) - support for the GP amendments.
Geoff Paulsen (Cupertino resident) -being compassionate regarding housing needs.
Ethan Lipman (Cupertino resident) -need for a diverse housing stock in Cupertino.
John McGuigan (Cupertino resident) - support for the GP amendments.
Al DiFrancesco (Cupertino resident) - support for the GP amendments.
Albert Liu (Cupertino resident) -no support for the GP amendments.
Rick Kitson on behalf of Cupertino Chamber of Commerce - need for mixed-use
development for economic viability.
Sujatha Venkatraman on behalf of West Valley Community Services -need for affordable
housing in Cupertino.
Vinod Balakrishnan (Cupertino resident) - support for the GP amendments.
Marie Liu on behalf of Cupertino for All-no support for the GP amendments and lack of
notice.
Celia House (Cupertino resident) - support for Vallco development as soon as possible.
Qin Pan (Cupertino resident) - support for the GP amendments.
City Council Minutes August 20, 2019
Yuva Athur (Cupertino resident) - support for the GP amendments.
Tessa Parish (Cupertino resident) - support for the GP amendments.
Naidu Bollineni (Cupertino resident) — concern over a Planning Commissioner influence
on Vallco process.
Venkat Ranganathan (Cupertino resident) —need compromise on Vallco development.
Siva Gandikota (Cupertino resident) - support for the GP amendments.
Bill Kerr (Cupertino resident) -no support for the GP amendments.
Hung Wei (Cupertino resident) -no support for the GP amendments.
Joan Chin (Cupertino resident) - support for the GP amendments.
Rahul Vasanth (Cupertino resident) - support for the GP amendments.
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Mayor Scharf closed the public hearing.
Council recessed from 10:40 p.m. to 10:45 p.m.
Council comments included:
Scharf: 13.1 acres most appropriate next to Rose Bowl; Scenario A includes housing at
Vallco; Scenario B is no housing at Vallco and change numbers at Oaks and Hamptons;
help solve regional jobs/housing balance;don't add so many jobs with office that will need
more housing in the future due to RHNA; need community engagement process; maybe
some office could go there with commensurate amount of housing;want City to work with
property owner and community input to have a development that won't crowd local
schools; City Manager authority to bring residents, Council, and property owner together
to find a solution that will work for everyone; need to do 13.1 acres for RHNA needs; not
4000 due to school enrollment in area, maybe 2000 would be okay; could be some office
but commiserate with housing.
Willey: Community input most important thing; must represent Cupertino residents first
and foremost;make sure checks and balances are firmly in place for the community(GPA); j
next to houses on west side of Vallco make sure have slope, building plane and heights; j
cap at 60 feet, building plane 3 in and 1 up; want BMR for low and very low, individuals
with disabilities, seniors; majority of residents gets his vote; redevelop Vallco ASAP; keep
height at 60 rather than 75 as would grow with BMR requirement.
Paul: (provided written comments) Supports 1 to 1.5 building plane; okay to see 1:2 with
future intent for staff to prepare GPA in future to allow for 1500 units and 400,000 square
feet of retail to be added.
City Council Minutes August 20, 2019
Sinks: Support Scharf to empower City Manager to negotiate on Council's behalf; support
long on housing with BMR at all income levels; add housing and reduce office efforts; start
with SB35 project,decrease office, increase housing and increase diversity in BMR;OR start
with Specific Plan and reduce office from there and increase housing; concern about
brining office to zero is negative contribution to a project whereas in mixed-use, homes
help evening sales and office helps daytime sales for retail; can't support moving forward
with no dialogue with property owner; must be economically feasible for property owner
or nothing will get done; good faith negotiation with viable options; need more dialogue
with the public; look at whole site and not just a piece of it; 3000-4000 housing units with
all economic levels.
Council selected Location D: East of Wolfe Road and North of Vallco Parkway, as shown
on Exhibit 10 of the Staff Report, as the location of approximately 13.1 acres on the site to
be designated and zoned for residential use.
Paul moved and Willey seconded to adopt Resolution No. 19-108, a resolution adopting a
Second Addendum to the Environmental Impact Report for the 2014 General Plan
Amendment, Housing Element Update, and Associated Rezoning Project. The motion
carried with Sinks voting no and Chao recusing.
Paul moved and Willey seconded to adopt Resolution No. 19-109 (GPA-2019-01), a
resolution amending the General Plan to remove Office as a permitted use from the Vallco
Shopping District Special Area and remove associated office allocations. The motion
carried with Sinks voting no and Chao recusing.
Paul moved and Willey seconded to adopt Resolution No. 19-110 (GPA-2019-02), a
resolution amending the General Plan and General Plan Land Use Map to establish height
limits and enact development standards for residential uses within the Vallco Shopping
District Special Area and identifying a recommended location for future residential
development on 13.1 acres of the Special Area based on location D as shown on Attachment
10 of the staff report, as amended to (1) reflect changes shown on dais materials provided
to Council and made available on the City's website as written communications from staff;
(2) add a required building plane adjoining the western side of the shopping district
shopping area also known as the Portal neighborhood with a slope line of two feet of
setback for every one foot of vertical building; (3) add of the following language to the
resolution: "Now therefore be it further resolved that the City Council directs staff to
initiate a Specific Planning process for the portion of the site designated "Regional
Shopping' and consider as part of that process a plan that would include a maximum of
1,500 units of housing for the entirety of the Vallco Shopping District's special area
inclusive of any and all housing and density bonuses, including added incentives for
City Council Minutes August 20, 2019
features such as housing for extremely low income households and housing for persons
with disabilities including developmental disabilities, and reduce the amount of retail
required to 400,000 square feet exclusive of the parcel known colloquially as the Simeon
Property;" (4) set a 60-foot height limitation for the entirety of the Vallco Shopping District ,
Special Area; and (5) designate 13.1 acres of the Vallco site as Regional
Shopping/Residential in location D as shown on Attachment 10 of the staff report. The
motion carried with Sinks voting no and Chao recusing.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2187 (MCA-2019-01): "An
Ordinance of the City Council of the City of Cupertino eliminating references in the
Municipal Code to the Vallco Town Center Specific Plan and adding language
establishing development standards for a new Mixed Use Planned Development with
Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG))"
Paul moved and Willey seconded to read Ordinance No. 19-2187 by title only and that the
City Clerk's reading would constitute the first reading thereof as amended to reflect
changes shown on dais materials provided to Council and made available on the City's
website as written communications from staff. Ayes:Scharf,Paul, and Willey.Noes:Sinks.
Abstain: None. Absent: None. Recuse: Chao.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2188 (Z-2019-01), "An
Ordinance of the City Council of the City of Cupertino amending the zoning map to
rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned
Development with Multifamily (R3) Residential zoning P(R3,CG) and General
Commercial uses and the remainder of the Special Area to General Commercial (CG)"
Paul moved and Willey seconded to read Ordinance No. 19-2188 by title only and that the J
City Clerk's reading would constitute the first reading thereof. Ayes: Scharf, Paul, and
Willey. Noes: Sinks. Abstain: None. Absent: None. Recuse: Chao.
Council also directed the City Manager to attempt to engage with the property owner to
discuss potential alternatives.
ORAL COMMUNICATIONS - CONTINUED (As necessary) - None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers highlighted the activities of their various community events.
City Council Minutes August 20, 2019
City Manager Deborah Feng noted that the City received a Silicon Valley Business Journal
Structures Award for The Veranda in the category of Best Affordable Residential Project and a
ceremony will be held September 19.
ADJOURNMENT
At 12:10 a.m. on Wednesday, August 21, Mayor Scharf adjourned the meeting.
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Grace Schmidt, City Clerk