CC Resolution No. 16-019 Directing City staff to Prepare a Report on the Effects of the Oaks Initiative Pursuant to Elections Code Section 9212 and Appropriate $150,000.00 for Such PurposeRESOLUTION NO. 16-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DIRECTING CITY STAFF TO PREPARE A REPORT ON THE EFFECTS OF THE
PROPOSED INITIATIVE ENTITLED, "INITIATIVE AMENDING CUPERTINO'S
GENERAL PLAN AND HEART OF THE CITY SPECIFIC PLAN TO: (1) ALLOW
280,000 SQUARE FEET OF OFFICE SP ACE, 200 HOTEL UNITS, AND 270
RESIDENTIAL UNITS, AND A HEIGHT LIMIT OF 88 FEET FOR A MIXED-USE
DEVELOPMENT PROJECT AT THE CUPERTINO OAKS SHOPPING CENTER
("PROPERTY"); (2) EXEMPT THE PROPERTY FROM SOME DEVELOPMENT
STANDARDS; AND (3) REQUIRE THE CITY TO PROMPTLY PROCESS AND
APPROVE AN APPLICATION FOR A PROJECT THAT INCLUDES SPECIFIED
COMMUNITY BENEFITS AND IS CONSISTENT WITH THE TERMS OF THE
PROPOSED INITIATIVE"; AND TO APPROPRIATE FUNDS FOR THE
PREPARATION OF THE REPORT
WHEREAS, on February 9, 2016, Kenneth Silvery Tersini submitted to the
City Clerk a Notice of Intent to circulate an initiative petition ("Oaks Initiative") and a
request for the City Attorney to prepare the official ballot title and summary; and
WHEREAS, on February 24, 2016, the City Attorney prepared the Title
and Summary for the Oaks Initiative and provided it to the proponents; and
WHEREAS, Elections Code section 9212 authorizes the City Council to
direct City staff to prepare a report on the impacts of the Initiative, including seven
specified types of impacts as well as on "any other matter" that the City Council
requests to be included in the report; and
WHEREAS, the City Council has determined that such a report would
provide valuable information about the Oaks Initiative to the Council and to all
interested residents of the City; and
WHEREAS, the preparation of an Elections Code section 9212 report is
not a project under provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively,
"CEQA"), in that this is administrative action which does not involve a direct or
reasonably foreseeable indirect impact on the physical environment; and;
NOW THEREFORE, be it RESOLVED:
Resolution No. 16-019
Page2
1. The City Council directs City staff to:
a. Prepare a Report on the effects of the Oaks Initiative pursuant to
Elections Code section 9212, addressing each of the impacts specified in subsection
(a)(l)-(7) of that section, to the extent applicable, as well as any other items identified by
the City Council; and
b. Retain, at the direction of the City Manager, any consultants that
the City Manager determines are necessary to complete the Report, in an amount not to
exceed $150,000.00; and
c. Present the Report to the City Council no later than the latest date
authorized by Elections Code section 9212(b); and
2. The City of Cupertino's Operating Budget for the Fiscal Year 2015/2016 is
hereby amended to appropriate $150,000.00 for the preparation of the Report.
PASS ED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 1st of March, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
ATTEST: ' fuu~dk-
APPROVED: -B
crace Schmidt, City Clerk