CC 03-31-2016 (Special)CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Thursday, March 31, 2016
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino
Community Hall Council Chambers, 10350 Torre A venue 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.
ORAL COMMUNICATIONS
Cathy Helgerson talked about possible Oral Communications changes at Council meetings. She
distributed written comments.
Phyllis Dickstein requested to allow the Cupertino Citizens Sensible Growth Initiative (CCSGI)
group additional time to speak as a group rather than 3 minutes each as individual speakers.
Jon Willey talked about potential traffic issues with the Valko Hills project. He distributed
written comments.
Lisa Warren talked about the EIR for the Valko Hills project with the Initiative process.
ORDINANCES AND ACTION ITEMS
1. Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the
Valko Town Center Specific Plan Initiative entitled, "Initiative adopting the Valko Town
Center Specific Plan to (1) provide that the Valko Shopping District Special Area
("Area") contains a mixture of residential, office, retail, civic and education uses; (2)
require any development to fund or provide community benefits such as transit, schools,
a green roof, and recycled water; and (3) grant the property owner initial entitlements to
develop in accordance with the Initiative and establish a process for future approvals;
City Council Minutes March 31, 2016
and making related amendments to Cupertino's General Plan and Municipal Code
("Valko Initiative") and authorization to prepare a report under Elections Code 9212
Recommended Action: Adopt Resolution No. 16-027 directing City staff to prepare a
report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212 and
appropriate $180,000.00 for such purpose
City Manager David Brandt reviewed the staff report and staff answered questions from
Council.
The following individuals spoke on this item:
Peggy Griffin
Cathy Helgerson
Lisa Warren
Luke Lang
Ignatius Y. Ding
Steven Scharf
Robert McKibbin on behalf of the Concerned Citizens of Cupertino (CCC)
James Randolph
Fariba Nejat
QinPau
Xiaowen Wang (she distributed written comments)
Penny Whittaker
Jennifer Griffin
Liang Chao
Yan ping Zhao
Jerry Sheahan
Neil Struthers
Danessa Techmanski
Steve Kelly
Victor Castello
Their comments included: add to the report a list of parameters in the Initiative that can
be changed without Council approval; add to the report a list of benefits noting what is
enforceable and what's not; fact check the project; traffic concerns; green roof an issue in
the drought; initiatives by developers bypass EIR process; circulators are having trouble
gathering signatures; residents are distrustful of Council; in favor of the Initiative and
the 9212 report; looking forward to new development at Valko but disappointed in office
portion; school crowding concerns; make sure Vallco sticks to what they said they would
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City Council Minutes March 31, 2016
build; wish Cupertino still had a Redevelopment Agency; no place to shop for clothing
in Cupertino; noted taxable sales of comparable shopping centers; letter of intent
between Sand Hill and the Cupertino Union School District; concern with Sand Hill's
financial backing; mitigate traffic issues by putting housing in close proximity to Apple
and Valko; unlikely a future developer will take on Vallco development if CCSGI passes.
Wong moved and Paul seconded to adopt Resolution No. 16-027 directing City staff to
prepare a report on the effects of the Valko Initiative pursuant to Elections Code Section
9212 and appropriate $150,000.00 for such purpose.
Wong amended his motion to appropriate $180,000.00 and Paul agreed to the
amendment. Council also gave direction to staff to find out the date of when the Initiative
signatures need to be filed in time for the August 12 deadline to call the election. The
motion carried unanimously.
2. Subject: Election Code section 9212 report relating to proposed Cupertino Citizens'
Sensible Growth Initiative entitled, "Initiative amending Cupertino's General Plan to
limit redevelopment of the Vallco Shopping District, limit building heights and lot
coverages in areas throughout the City, establish new setbacks and building planes on
major thoroughfares, and require voter approval for any changes to these provisions"
("CCSGI Initiative"); determination whether to adopt the CCSGI Initiative or place
measure on the ballot; and determination regarding ballot arguments and impartial
analysis
Recommended Action: 1. Receive the Report on the Impacts of Proposed Initiative and
either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-028 ordering that the
Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election,
to be consolidated with the Statewide General Election; and 2. Adopt Resolution No. 16-
029 considering whether to direct the City Clerk to transmit the Initiative to the City
Attorney for preparation of an Impartial Analysis and whether to authorize City Council
members, or the Council as a whole, to submit ballot arguments against the Initiative;
and 3. Adopt Resolution No. 16-030 considering whether to authorize rebuttal
arguments for and against the Initiative
Written communications for this item included a letter from Nielsen Merksamer, a letter
from Stuart Flashman, resident emails, redline and clean amended Resolution Nos. 16-
028 and 16-029, recommended action slide and a consultant PowerPoint presentation.
City Clerk Grace Schmidt reviewed the staff report.
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City Council Minutes March 31, 2016
Perl Perlmutter, attorney specializing in Land Use and Elections Law and Libby Seifel
with Seif el Consulting Inc., economist who prepared the 9212 report reviewed the report
via a PowerPoint presentation.
Council asked questions of the consultants and staff.
Kristy Weiss with David J. Powers and Associates who assisted in preparing the
environmental analysis portion of the 9212 report answered questions from Council
regarding traffic.
The following individuals spoke on this item and minutes note whether in favor or
opposed to Cupertino Citizens Sensible Growth Initiative (CCSGI):
Janice Chua (opposed)
Cathy Helgerson (in favor and distributed written comments)
Leslie Chao (opposed)
Cinny Zhuang (opposed)
Peggy Griffin (in favor)
Dennis Whittaker (in favor)
Grace King (opposed)
Namrata Vora on behalf of Mamata Desai (opposed)
Craig Bauheuer (opposed)
Kevin McClelland on behalf of Cupertino Chamber of Commerce (opposed)
Steven Scharf (in favor)
Robert McKibbin on behalf of CCC (in favor)
David Fung (opposed)
Xiaowen Wang (in favor)
Jennifer Griffin (in favor)
Lisa Warren (in favor)
Liang Chao (in favor)
Liana Crabtree (in favor)
Jean Bedord (opposed)
Wengwang Wang (in favor)
Orrin Mahoney (opposed)
Danessa Techmanski (in favor)
Qin Pau (in favor)
Ignatius Y. Ding (in favor)
Herbert Knoesel (opposed)
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City Council
Michael Zhang (neutral)
Luke Lang (in favor)
Zhuoli Yang (opposed)
Joan Chin (in favor)
Minutes
Richard Lowenthal (opposed and distributed written comments)
Yanping Zhao (in favor)
Harris Au (in favor)
Hung Wei (opposed)
Richard Abdalah (opposed)
David Gold (opposed)
March 31, 2016
1. Receive the report on the impacts of the proposed Initiative; and lb. Adopt
Resolution No. 16-028 ordering that the Initiative be placed on the Ballot for the
November 8, 2016 General Municipal Election, to be consolidated with the Statewide
General Election.
Wong moved and Sinks seconded to receive the report on the impacts of the proposed
Initiative and adopt Resolution No. 16-028 ordering that the Initiative be placed on
the Ballot for the November 8, 2016 General Municipal Election, to be consolidated
with the Statewide General Election with the following amendment to the ballot
language: Shall an Initiative Ordinance be adopted amending Cupertino's General
Plan to limit redevelopment of the Vallco Shopping District, limit building heights
along major mixed-use corridors, establish a 45 feet maximum building height in the
neighborhoods, limit lot coverages for large projects, establish new setbacks and
building planes on major thoroughfares, and require voter approval for any changes
to these provisions? The motion carried unanimously.
2. Adopt Resolution No. 16-029 directing the City Clerk to transmit the Initiative to the
City Attorney for preparation of an Impartial Analysis and authorize City Council
members, or the Council as a whole, to submit ballot arguments against the Initiative.
Wong moved and Sinks seconded to adopt Resolution No. 16-029 directing the City
Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial
Analysis and not authorize the City Council members, or the Council as a whole, to
submit ballot arguments against the Initiative with the following amendment to the
ballot language: Shall an Initiative Ordinance be adopted amending Cupertino's
General Plan to limit redevelopment of the Vallco Shopping District, limit building
heights along major mixed-use corridors, establish a 45 feet maximum building
height in the neighborhoods, limit lot coverages for large projects, establish new
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City Council Minutes March 31, 2016
setbacks and building planes on major thoroughfares, and require voter approval for
any changes to these provisions? The motion carried unanimously.
3. Adopt Resolution No. 16-030 authorizing rebuttal arguments for and against the
Initiative.
Wong moved and Sinks seconded to adopt Resolution No. 16-030 authorizing
rebuttal arguments for and against the Initiative. The motion carried unanimously.
ADJOURNMENT
At 12:20 a.m. on Friday, April 1, Mayor Chang adjourned the meeting.
~XI-
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 .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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