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CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday August 20, 2013
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:53 p.m. Mayor Orrin Mahoney called the City Council meeting to order in the
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the
Pledge of Allegiance.
ROLL CALL
Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong (7:00 p.m.), and Council
members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS -None
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Holly Lofgren, Sunnyvale resident, talked about her concerns with the Cupertino
Village Development regarding traffic and parking, especially with the potential Apple
Campus 2 development.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as
recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None.
Abstain: None.
1. Subject: Approve the July 16 City Council minutes
Recommended Action: Approve the minutes
Tuesday, August 20, 2013 Cupertino City Council
2. Subject: Accept Accounts payable for period ending June 21, 2013
Recommended Action: Adopt Resolution No. 13-065 accepting Accounts payable
for period ending June 21, 2013
3. Subj ct: Accept Accounts Payable for period ending June 28, 2013
Recommended Action: Adopt Resolution No. 13-066 accepting Accounts Payable
for period ending June 28, 2013
4. Subject: Accept Accounts Payable for period ending July 5, 2013
Recommended Action: Adopt Resolution No. 13-067 accepting Accounts Payable
for period ending July 5, 2013
5. Subject: Accept Accounts Payable for period ending July 12, 2013
Recommended Action: Adopt Resolution No. 13-068 accepting Accounts Payable
for period ending July 12, 2013
6. Subject: Accept Accounts Payable for period ending July 19, 2013
Recommended Action: Adopt Resolution No. 13-069 accepting Accounts Payable
for period ending July 19, 2013
7. Subject: Treasurer's Investment and Budget Report for Quarter Ending June 2013
Recommended Action: Accept the report
8. Subject: Approve Alcoholic Beverage License for Safeway Store 3251, 20620
Homestead Road
Recommended Action: Approve Alcoholic Beverage License for Safeway Store 3251,
20620 Homestead Road
Description: Application for Instructional Tasting License (86)
9. Subject: Approve Alcoholic Beverage License, Yoshida Restaurant, 10700 S De Anza
Boulevard
Recommended Action: Approve Alcoholic Beverage License, Yoshida Restaurant,
10700 S De Anza Boulevard
Description: Application for On-Sale Beer and Wine (41)
Tuesday, August 20, 2013 Cupertino City Council
10. Subject: Approve Alcoholic Beverage License, Mikado Cupertino, 19645 Stevens
Creek Boulevard
Recommended Action: Approve Alcoholic Beverage License, Mikado Cupertino,
19645 Stevens Creek Boulevard
Description: Application for On-Sale Beer and Wine (41)
11. Subject: Approve Alcoholic Beverage License, Gokaku, 10789 S Blaney Avenue
Recommended Action: Approve Alcoholic Beverage License, Gokaku, 10789 S
Blaney Avenue
Description: Application for On-Sale Beer and Wine
12. Subject: Resolution approving an Agreement to create the Santa Clara County
Recycling and Waste Reduction Technical Advisory Committee
Recommended Action: Adopt Resolution No. 13-070 approving an agreement with
15 other jurisdictions to create the Santa Clara County Recycling and Waste
Reduction Technical Advisory Committee (TAC) and find that approval of the
agreement is exempt from California Environmental Quality Act (CEQA) review
pursuant to section 15308 of the CEQA Guidelines as an action taken by regulatory
agencies for protection of the environment
13. Subject: 2013 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2013-02
Recommended Action: Authorize the Director of Public Works to award a contract
to Breneman, Inc., in the amount of $243,392.50 and approve a construction
contingency of$24,000.00, for a total of$267,392.50
SECOND READING OF ORDINANCES
14. Subject: Conduct the second reading of an Ordinance rescinding and reenacting
Cupertino Municipal Code Chapter 14.08 regarding obstruction and encroachments
into City rights-of-way
Recommended Action: Conduct the second reading and enact Ordinance No. 13-
2110; "An Ordinance of the City Council of the City of Cupertino rescinding and
readopting Cupertino Municipal Code Chapter 14.08 (Encroachments and use of
City Rights-of-Way)"
Written communications for this item included an email from the Cupertino
Chamber of Commerce Government Affairs Specialist Mark Matsumoto and an
amended page of the draft ordinance deleting 14.08.160 C.6.o.
City Clerk Grace Schmidt read the title of the ordinance.
Tuesday, August 20, 2013 Cupertino City Council
Peggy Griffin distributed a handout and talked about exceptions to permit
requirement regarding installation and maintenance of residential driveways and
pathways.
Wong moved and Chang seconded to read the ordinance by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None.
Wong moved and Chang seconded to enact Ordinance No. 13-2110 as amended to
delete 14.08.160 C.6.o. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes:
None. Abstain: None.
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
15. Subject: Consider canceling the September 3 City Council meeting
Recommended Action: Consider canceling the September 3 meeting
Wong moved and Sinks seconded to cancel the September 3 meeting. The motion
carried unanimously.
STUDY SESSION
16. Subject: Study session to discuss whether the Heart of the City Specific Plan should
be amended and, if so, specific issues that an amendment should address
Recommended Action: If the Council wishes to proceed with changes, staff will
evaluate the scope of proposed changes and determine the appropriate approach
Written communication for this item included a staff PowerPoint presentation.
Senior Planner Aki Honda Snelling reviewed the staff report.
Jennifer Griffin said that she likes the Heart of the City Plan (HOC), is proud of the
trees planted in the City, would want the corner setbacks in the HOC to be similar to
Main Street, and wants to be sure there is enough parking in the City.
Darrel Lum, speaking on behalf of the Concerned Citizens of Cupertino (CCC)
offered the following suggestions: 1. Retain the 35-foot setback from Stevens Creek
Boulevard; 2. Determine an adequate corner lot setback similar to other plans in the
Tuesday, August 20, 2013 Cupertino City Council
City; 3. Retain the current exception process; 4. Rescind the zoning ordinance
regarding street square footage to determine gross lot density. He also suggested
that planning staff review the CCC comments from the hearings on the Prometheus,
Islands, and Saich Way projects to note their concerns.
Council gave the following direction to staff:
1. Initiate an amendment to the Heart of the City Specific Plan to provide
recommendations on side street setback requirements for properties in Heart of
the City.
2. The following would be studied in conjunction with the General Plan
Amendment and Housing Element as appropriate or after those projects and
brought back for Council review:
a. Density calculations: Revise the Heart of the City Specific Plan to include
residential density based on net lot area.
b. Approval process: Review whether to revise the application review threshold
to allow the City Council to review and approve projects that are less than
50,000 square feet in the Heart of the City area. The City Council requested
that staff provide the Council with threshold alternatives.
c. Invite the public to provide comments for the Heart of the City area as part of
the General Plan process.
3. The City Council decided not to pursue further discussion on the following items
unless there were overwhelming input from the public asking for a change:
a. Percentage of retail frontage along Stevens Creek Boulevard
4. The City Council decided not to pursue further discussion on the following item:
a. Parking requirements for restaurants
b. 35 foot front setback
c. Desirability of surface lot parking locations
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt noted that the C'ommissioner's dinner would take place on
August 28.
Council members highlighted the activities of their committees and various community
events.
Tuesday, August 20, 2013 Cupertino City Council
ADJOURNMENT
At 9:42 p.m., the meeting was adjourned to September 5 beginning at 3:00 p.m. for a
study session regarding Lehigh.
Grace Schmidt, City Clerk
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.cul2ertino.org. Click on
Agendas & Minutes, then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.