CC 07-01-2014 APPROVED MINUTES
C U P E RT 1 N O CUPERTINO CITY COUNCIL
Regular ]Meeting
Tuesday, July 1, 2014
CITY COUNCIL. MEETING
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the Regular 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 Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Update from the Cupertino Sanitary District, Board President Bill
Bosworth
Recommended Action: Receive the update
Written communications for this item included a PowerPoint presentation.
Board President Bill Bosworth gave an update on the Cupertino Sanitary District via a
PowerPoint presentation.
Council received the update:
2. Sum: Update from the Santa Clara County Sheriff's Department,Sheriff Laurie
Smith
Recommended Action: Receive update
Mayor Wong asked Sheriff Laurie Smith to give her update along with item number 14.
3. Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in
Cupertino on June 11
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to Patricia Peterson.
Cupertino Chamber of Commerce president Darcy Paul thanked Patricia and noted that
the Chamber plans to host a CPR class sometime in the future.
POSTPONEMENTS
Mahoney moved and Sinks seconded to continue Item No. 20 Energy Services Contract for
solar installation to July 15. The motion carried unanimously.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Mahoney moved, and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 12, 14, and 15 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None
4. Subs: Approve the June 2 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve minutes for the two City Council meetings on June 10
Recommended Action: Approve the minutes
6. Subject: Approve the June 23 City Council minutes
Recommended Action: Approve minutes
7. Subject: Accept Accounts Payable for period ending May 2, 2014
Recommended Action: Adopt Resolution No. 14-163 accepting Accounts Payable
for period ending May 2, 2014
8. Subject: Accept Accounts Payable for period ending May 9, 2014
Recommended Action: Adopt Resolution No. 14-164 accepting Accounts Payable
for period ending May 9, 2014
9. Subject: Accept Accounts Payable for period ending May 16, 2014
Recommended Action: Adopt Resolution No. 14-165 accepting Accounts Payable
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for period ending May 16, 2014
10. Subject: Accept Accounts Payable for period ending May 23, 2014
Recommended Action: Adopt Resolution No. 14-166 accepting Accounts Payable
for period ending May 23, 2014
11. Subject: Accept Accounts Payable for period ending May 30, 2014
Recommended Action: Adopt Resolution No. 14-167 accepting AccountsPay,able
for period ending May 30, 2014
12. Subject: Adopt the amended Conflict of Interest Code of the City of
Cupertino for officials and designated eml'loyees
Recommended Action: Rescind Resolution No.12-076 and adopt Resolution
No. 14-168 amending the Conflict of Interest Code of the City of Cupertino
and the direct City Manager to sign the required 2014 Local Agency Biennial Notice
Chang moved and Santoro seconded to adopt the Resolution No. 14-168 amending the
Conflict of Interest Code of the City of Cupertino and direct the City Manager
to sign the required 2014 Local Agency Biennial Notice. The motion carried unanimously.
13. Subject: Approve the destruction of records from the City Clerk, Public
Works, and Parks and Recreation(Sports Center) departments.
Recommended Action: Adopt Resolution No. 14-169 approving the destruction
of records
14. Subject: Execute a contract with Santa Clara County office of the Sheriff for the
ten-year period 2014/15 to 2024/25.
Recommended Action: Authorize the City Manager to execute a contract with
Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25
Written communications for this item included a graph from staff showing sheriff contract
costs and City population.
Sheriff Laurie Smith presented an update from the Santa Clara County Sheriff's
Department (as noted in item number 2) and answered questions regarding the contract.
Wong moved and Santoro seconded to authorize the City Manager to execute a contract
with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25.
The motion carried unanimously.
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15. Subject:Alcoholic Beverage License, 212 New York Pizza,19998 Homestead Road, Suite A
Recommended Action: Approve Alcoholic Beverage License, 212 New York Pizza, 19998
Homestead Road, Suite A
Chang moved and Mahoney seconded to approve Alcoholic Beverage License, 212 New
York Pizza, 19998 Homestead Road, Suite A. The motion carried unanimously.
16. Subject: Alcoholic Beverage-License, Chili Pot, 20956 Homestead Road, Suite D
Recommended Action: Approve Alcoholic Beverage License, Chili Pot, 20956
Homestead Road, Suite D
17. Subject: Appointment of City of Cupertino representative to the Santa Clara
County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory
Committee(BPAC)
Recommended Action: Accept, the Bicycle Pedestrian Commission (BPC)
recommendation to reappoint James Wiant to the VTA BPAC for a two-year
term beginning July 1, 2014
18. Subject: Summarily vacate and approve the sale of a portion of San Felipe
Road, south of Alcalde Road to Neel Dhamdhere.
Recommended Action: Adopt Resolution No. 14-170 approving the summary
vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the
amount of $6,000, and authorize the City Manager to execute all of the necessary
documents.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
19. Subject: Public Hearing to Consider the Capital Improvement Plan (CIP),
including a Negative Declaration pursuant to the California Environmental
Quality Act; and a finding of General Plan conformance; and the
Recommended Budget for Fiscal Year 2014-15; and the Establishment of the
Appropriation Limit; and Related Actions.
Recommended Action:
a. Adopt Resolution No. 14-171 adopting Negative Declaration EA-2014-05 for the
Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended
Budget and finding that the CIP is in conformance with the General Plan
b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital
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Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues
for the Apple Campus 2 project
c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital
Budget for Fiscal Year 2014-15
d. Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year
2014-15
e. Take action on items listed in fh.e Follow Up Items for Council Action
section of this report and direct staff to make the appropriate adjustments to
the Fiscal Year 2014-15 Recommended Budget and Resolutions
Adjustments made in item c.
i. $15,000 reduction in unrequested Community Funding dollars
Written communications for this item included resident emails, a copy of La Voz Weekly
newspaper from De Anza College, and a staff PowerPoint presentation.
Interim Director of Administrative Services Kristine Alfaro reviewed the staff report via
a PowerPoint presentation.
Mayor Wong opened the public hearing.
Ed Hirshfield representing the Cupertino 'Tennis Club thanked Council for past support
and Parks and Recreation for maintenance and improvements at the Cupertino Sports
Center.
Park Chamberlain Board member of Friends of Deer Hollow farm confirmed the
proposed support of$10,000 towards the operating budget of the Farm.
Diana Argabrite from the Euphrat Museura of Art at DeAnza College showed pictures of
some of the exhibits at the museum. She expressed interest to a Council member's
inquiry about giving residents the opportunity to park for free in the lot two times a
week. Ms. Argabrite said she would work-with staff on this.
Michele Lew, President and CEO of Asian Americans for Community Involvement
(AACI) offered contract services to provide case management services for seniors in
Cupertino.
Dick Schuster spoke in support of Council funding the hiring of another Cupertino
Senior Center Case Manager since the current Case Manager works so many hours.
Donna Austin, Cupertino Historical Society President thanked Council for past support
and noted that their programs do a lot for upertino. She explained some of the ideas the
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Society wanted to do this next year and asked Council for continued funding support.
Helene Davis from the Cupertino Historical Society thanked Council and asked for
support again for this next year. She explained that the extra $2,500 in the proposal is for
blankets that are given to guests of Cupertino or sold for fundraising purposes and need
to be updated.
Gail Fretwell-Hugger from the Cupertino Historical Society explained that the Society
wanted to update the blankets in order to note the diversity and changes in the
community. She said that the museum is important because it helps newcomers, to
Cupertino have a sense of place and community.
Stephen Hsigh expressed concern with new development projects like the Rose Bowl
noting that this would bring too much crowding to the schools.
Mayor Wong closed the public hearing.
a. Adopt Resolution No. 14-171 adopting Negative Declaration EA-2014-05 for the
Capital Improvement Plan (CIP) projects described.in the FY 2014-15 Recommended
Budget and finding that the CIP is in conformance with the General Plan
Wong moved and Sinks seconded to adopt Resolution No. 14-171 adopting Negative
Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in
the FY 2014-15 Recommended Budget and finding that the CIP is in conformance
with the General Plan. The motion carried unanimously.
Vice Mayor Sinks noted that he would recuse himself from item b due to a conflict of
interest and left the dais.
b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital
Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues
for the Apple Campus 2 project
Wong moved and Mahoney seconded to adopt Resolution No. 14-172 establishing a
portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15
related to pass-through revenues for the Apple Campus 2 project. The motion
carried with Sinks recusing himself.
Vice Mayor Sinks returned to the dais.
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c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital
Budget for Fiscal Year 2014-15
Wong moved and Mahoney seconded, and the motion carried unanimously to adopt
Resolution No. 14-173 establishing an Operating Budget and Capital Budget for Fiscal
Year 2014-15 with the following amendmei:tts:
• Community funding amount approved at$10,000 per group
• Council requested staff to research contracting options in lieu of hiring a full-time
case manager position and appropriated $92,000 for this purpose
• Road improvements amount increased from $7.5 million to $8.5 million
• At mid-year, have the Bicycle Pedestrian Commission bring forward an update to
the Bicycle Transportation Plan that identifies project priorities and how much they
would cost
• Improve the process for community funding requests
d. Adopt Resolution No. 14-174 estabfishing an Appropriation Limit for Fiscal Year
2014-15
Wong moved and Mahoney seconded to ,adopt Resolution No. 14-174 establishing an
Appropriation Limit for Fiscal Year 2014-1!5. The motion carried unanimously.
e. Take action on items listed in the Follow Up Items for Council Action
section of this report and direct staff to make the appropriate adjustments to
the Fiscal Year 2014-15 Recommended Budget and Resolutions
Adjustments made in item c.
i. $15,000 reduction in unrequested Community Funding dollars
Action was taken under item c.
20. Subject: Consider awarding an Energy Services Contract and an
Operations/Maintenance Agreement for solar panels and equipment and
further consider findings that (1) the project's anticipated energy- costs
savings and revenue generated are greater than the project costs; and (2) that
the project is in the City's best interests.
Recommended Action: Continue to July 15
Under postponements this item was continued to July 15.
ORDINANCES AND ACTION ITEMS - None
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REPORTS BY COUNCIL AND STAFF
City Manager David Brandt noted that there would be a special study session on Monday,
July 7 beginning at 5:05 p.m. on the Civic Center Master Plan and Protected Tree ordinance.
He also noted that City Hall would be closed on Friday, July 4.
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:55 p.m., Mayor Wong adjourned the meeting to Monday, July 7 at 5:05 p.m. for a special
study session on Civic Center Master Plan and Protected Trees, Cupertino Community Hall,
10300 Torre Avenue. The next regular meeting will be on July 15.
r--
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, 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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