Exhibit CC 10-20-15 Item #18 Council Action Minutes PolicyGrace Schmidt
From:
Sent:
To:
Grace Schmidt
Tuesday, October 20, 2015 8:45 AM
Grace Schmidt
(~/~
Subject: FW: Agenda Item 18: Provide verbatim minutes as needed for important items
From: Better Cupertino [mailto:bettercupertino@gmail.com]
Sent: Monday, October 19, 2015 6:36 PM
To: City Council; David Brandt
Subject: Agenda Item 18: Provide verbatim minutes as needed for important items
Dear Mayor Sinks, Vice Mayor Chang and Councihnembers,
Thank you very much for considering our request for summary minutes for City Council meetings. We
understand that the cost would be too high to provide verbatim minutes, as the Planning Commission's minutes,
for every Council meeting.
However, we respectful request you to provide verbatim minutes on important topics or development
projects or other topics of high interest as needed. This provides. transparency and good governance that the
Brown Act is meant to promote. Also, your constituents can read the minutes and see clearly how you reached
your decision and how you've brought up their concerns in the deliberation process.
We hope that the Council would consider providing verbatim minutes for important development projects or
topics. The cost of providing such verbatim minutes could even be included as a part of the project costs
for these development projects or long-term capitol projects like Valko project or Civic Center Project.
Compared with the amount of dollars we are paying the consultants to write reports. The amount to provide
verbatim minutes is negligible.
The staff report states "The City Clerk's office has used a transcription finn in the past at $60 per hour. Each
hour of meeting time takes three-six hours of transcription time. For an average five hour City Council meeting,
the cost would run at least $900 per meeting for verbatim minutes."
For example, Mayor Rod said that the seismic engineer explained clearly during July 7, 2015 Council meeting
that the new City Hall is the best option. If a summary minutes or verbatim minutes is available, Mayor Rod can
easily justify the need of a new City Hall since it's readily available in text fonnat. Had a summary minutes is
available, one can do text search and easily locate it.
Take a look at the meeting minutes of July 7, 2015 Council meeting when Civic Center Master Plan was
approved. Can you understand why the Council approved the new City Hall? What seismic problem is there?
Can you even find out what's the cost of the project?
The meeting minutes of Planning Commission has always been pretty detailed. For example, in the minutes of
Oct. 20, 014 Planning Commission meeting, you can read it easily to know what each Commissioner said to
support or oppose office or residential allocation at Vallco. There is a short summary for each speaker who
spoke during Oral Communication or on an agenda item. There is also a smmnary of staff report, consultant
1
Grace Schmidt
From:
Sent:
To:
Grace Schmidt
Tuesday, October 20, 2015 9:03 AM
Grace Schmidt
C c_ I D( ;le> / !.s~
#!8
Subject: FW: Agenda Item 18: Provide verbatim minutes as needed for important items
From: Better Cupertino [mailto:bettercupertino@gmail.com]
Sent: Tuesday, October 20, 2015 12:23 AM
To: City Council; David Brandt
Cc: Peggy Griffin
Subject: Re: Agenda Item 18: Provide verbatim minutes as needed for important items
Both Palo Alto and San Jose provides transcripts of their meetings, as a service, not as an official meeting
record. This is an example that Cupertino can follow.
We would like to urge Cupertino City Council to also provide transcripts of meetings. This is especially helpful
for a large part of our population whose first language is not English. Often, we hear a word and don't
understand, but we cannot look it up since we don't know its spelling. A text transcript could go a long way to
help us to participate in City Council meetings and further assimilate into the American culture and the
wonderful democratic system.
A transcript would be very helpful also for an increasing population of seniors in Cupertino. They might
become hard of hearing or they don't have the tenacity to sit for hours at a time to watch meeting videos.Yet,
many of them are still very alert and care about the happendings at the City Hall. A transcript would enable
them to search for sections that they are interested in easily.
Please consider the tremendous benefits of transcripts of Council meetings could serve for a large population of
immigrants and an increasing population of senior citizens.
Sincerely,
Liang Chao
On Mon, Oct 19, 2015 at 6:36 PM, Better Cupertino <bettercupertino@gm,ail.com> wrote:
Dear Mayor Sinks, Vice Mayor Chang and Councilmembers,
Thank you very much for considering our request for summary minutes for City Council meetings. We
understand that the cost would be too high to provide verbatim minutes, as the Planning Commission's minutes,
for every Council meeting.
However, we respectful request you to provide verbatim minutes on important topics or development
projects or other topics of high interest as needed. This provides. transparency and good governance that the
Brown Act is meant to promote. Also, your constituents can read the minutes and see clearly how you reached
your decision and how you've brought up their concerns in the deliberation process.
1
We hope that the Council would consider providing verbatim minutes for important development projects or
topics. The cost of providing such verbatim minutes could even be included as a part of the project costs
for these development projects or long-term capitol projects like Vallco project or Civic Center Project.
Compared with the amount of dollars we are paying the consultants to write reports. The amount to provide
verbatim minutes is negligible.
The staff report states "The City Clerk's office has used a transcription firm in the past at $60 per hour. Each
hour of meeting time takes three-six hours of transcription time. For an average five hour City Council meeting,
the cost would run at least $900 per meeting for verbatim minutes."
For example, Mayor Rod said that the seismic engineer explained clearly during July 7, 2015 Council meeting
that the new City Hall is the best option. If a summary minutes or verbatim minutes is available, Mayor Rod can
easily justify the need of a new City Hall since it's readily available in text format. Had a summary minutes is
available, one can do text search and easily locate it.
Take a look at the meeting minutes of July 7, 2015 Council meeting when Civic Center Master Plan was
approved. Can you understand why the Council approved the new City Hall? What seismic problem is there?
Can you even find out what's the cost of the project?
The meeting minutes of Planning Commission has always been pretty detailed. For example, in the minutes of
Oct. 20, 014 Planning Commission meeting, you can read it easily to know what each Commissioner said to
support or oppose office or residential allocation at Vallco. There is a short summary for each speaker who
spoke during Oral Communication or on an agenda item. There is also a summary of staff report, consultant
reports, questions to consultants or staff and their answers. Furthennore, one can easily do a word search of
Vallco and get to the discussion on Vallco.
The Council made an unconditional commitment to "transparency, good governance and compliance with the
Brown Act." The first step is to provide a summary or verbatim minutes for City Council meetings in the same
amount of detail as the minutes of Planning Commission meetings.
If such verbatim minutes is provided only for important meetings, either at the request of Council or residents or
Commissioners, the cost will
not be so high. Compared with the cost of non-transparent govenunent process, the anxiety it creates among
residents not knowing how a decision is derived or what a consultant said to justify the decision and the hours
many concerned residents or even staff need to search through the videos, the cost of a few hundred dollars for
important issues that have long term effect on the future of Cupertino is not so high.
The cost is negligible especially when it's compared with the large amount we are paying the consultants to
write the reports and the amount we are paying them to appear in Council meetings to present and answer
questions. What's the use of paying hundreds of thousands dollars to hire consultants to write reports
when we cannot even pay $900 extra to get a verbatin minutes to provide residents a clear picture of what
transpired in a Council meeting?
We hope that the Council would consider providing verbatim minutes for important development projects or
long-term capitol projects or other projects of high interest. The cost of providing such verbatim minutes could
even be included as a part of the project costs for these development projects or long-te1m capitol projects like
Civic Center Project.
Sincerely,
2
BetterCupertino
3
Grace Schmidt
From:
Sent:
To:
Cc:
Subject:
Better Cupertino < bettercupertino@gmail.com>
Tuesday, October 20, 2015 8:55 AM
City Clerk; David Brandt
Peggy Griffin; City Council
Agenda Item 18: Summary description of each speaker should maintain the same detail
as.in 2014
Dear City Clerk, City Manager and Councilmembers,
Thank you, the City Clerk, for providing a short description of each comment during Oral Communication and
on each agenda item. For each speaker who took time to attend the Council meeting, this shows a respect for
their opinions and good governance.
Although the adoption of "action minutes;' was done in 2002, the amount of details on summary description of
each speaker who comment during either Oral Communication or on Agenda Item have deteriorated since
December 2014. Recently, it is down to only a mention of names most of the time.
Here are some examples:
July 30, 2015 Study Session on GP A procedure: speaker is only mentioned by name.
e.g. Kevin McClelland speaking on behalf of Cupertino Chamber of Commerce
Oct. 7, 2014 Study Session on GP A EIR: very detailed summary for each speaker. (the same detail for the
speaker on each agenda item.)
On Tue, Oct 20, 2015 at 12:22 AM, Better Cupertino <bettercupertino@gmail.com> wrote:
Both Palo Alto and San Jose provides transcripts of their meetings, as a service, not as an official meeting
record. This is an example that Cupertino can follow.
We would like to urge Cupertino City Council to also provide transcripts of meetings. This is especially helpful
for a large pmt of our population whose first lm1guage is not English. Often, we hear a word and don't
understand, but we cannot look it up since we don't know its spelling. A text transcript could go a long way to
help us to participate in City Council meetings and fmther assimilate into the American culture and the
wonderful democratic system.
A transcript would be very helpful also for an increasing population of seniors in Cupertino. They might
become hard of hearing or they don't have the tenacity to sit for hours at a time to watch meeting videos.Yet,
many of them are still very alert and care about the happendings at the City Hall. A transcript would enable
fuem to search for sections that they are interested in easily.
Please consider the tremendous benefits of transcripts of Council meetings could serve for a large population of
immigrants and an increasing population of senior citizens.
Sincerely,
1
Liang Chao
On Mon, Oct 19, 2015 at 6:36 PM, Better Cupertino <bettercupertino@gmail.com> wrote:
Dear Mayor Sinks, Vice Mayor Chang and Councilmembers,
Thank you very much for considering our request for summary minutes for City Council meetings. We
understand that the cost would be too high to provide verbatim minutes, as the Planning Commission's minutes,
for every Council meeting.
However, we respectfol request you to provide verbatim minutes on important topics or development
projects or other topics of high interest as needed. This provides. transparency and good governance that the
Brown Act is meant to promote. Also, ypur constituents can read the minutes and see clearly how you reached
your decision and how you've brought up their concerns in the deliberation process.
We hope that the Council would consider providing verbatim minutes for important development projects or
topics. The cost of providing such verbatim minutes could even be included as a part of the project costs
for these development projects or long-term capitol projects like Valko project or Civic Center Project.
Compared with the amount of dollars we are paying the consultants to write reports. The amount to provide
verbatim minutes is negligible.
The staff report states "The City Clerk's office has used a transcription finn in the past at $60 per hour. Each
hour of meeting time takes three-six hours of transcription time. For an average five hour City Council meeting,
the cost would run at least $900 per meeting for verbatim minutes."
For example, Mayor Rod said that the seismic engineer explained clearly during July 7, 2015 Council meeting
that the new City Hall is the best option. If a summary minutes or verbatim minutes is available, Mayor Rod can
easily justify the need of a new City Hall since it's readily available in text format. Had a summary minutes is
available, one can do text search and easily locate it.
Take a look at the meeting minutes of July 7, 2015 Council meeting when Civic Center Master Plan was
approved. Can you understa~d why the Council approved the new City Hall? What seismic problem is there?
Can you even find out what's the cost of the project?
The meeting minutes of Planning Commission has always been pretty detailed. For example, in the minutes of
Oct. 20, 014 Planning Commission meeting, you can read it easily to know what each Commissioner said to
support or oppose office or residential allocation at Vallco. There is a short summary for each speaker who
spoke during Oral Communication or on an agenda item. There is also a summary of staff report, consultant
reports, questions to consultants or staff and their answers. Furthermore, one can easily do a word search of
Valko and get to the discussion on Valko.
The Council made an unconditional commitment to "transparency, good governance and compliance with the
Brown Act." The first step is to provide a summary or verbatim minutes for City Council meetings in the same
amount of detail as the minutes of Planning Cmmnission meetings.
If such verbatim minutes is provided only for important meetings, either at the request of Council or residents or
Commissioners, the cost will
not be so high. Compared with the cost of non-transparent govermnent process, the anxiety it creates among
residents not knowing how a decision is derived or what a consultant said to justify the decision and the hours
2
many concerned residents or even staff need to search through the videos, the cost of a few hundred dollars for
important issues that have long term effect on the future of Cupertino is not so high.
The cost is negligible especially when it's compared with the large amount we are paying the consultants to
write the reports and the amount we are paying them to appear in Council meetings to present and answer
questions. What's the use of paying hundreds of thousands dollars to hire consultants to write reports
when we cannot even pay $900 extra to get a verbatin minutes to provide residents a clear picture of what
transpired in a Council meeting?
We hope that the Council would consider providing verbatim minutes for important development projects or
long-tenn capitol projects or other projects of high interest. The cost of providing such verbatim minutes could
even be included as a part of the project costs for these development projects or long-term capitol projects like
Civic Center Project.
Sincerely,
BetterCupertino
3
CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 30, 2015
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Special City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Bar·ry Chang, and Council members Savita
Vaidhyanathan, and Gilbert Wong. Absent: Council member Darcy Paul.
1. Subject: Study Session on policy for processing General Plan Amendment
applications
Recommended Action: Conduct study session and comment on the proposed
procedures for processing General Plan amendment applications (Attachment A)
Description: Application No(s): CP-2015-02, Applicant(s): City of Cupertino,
Location: citywide, Policy for processing General Plan Amendment applications
Written commtmications included emails to Council and a staff PowerPoint
presentation.
Senior Planner Piu Ghosh reviewed the staff report via a Power Point presentation.
Staff answered questions from Council.
Mayor Sinks opened the public comment period and the following individuals
spoke on this item:
Catherine Alexander
Phyllis Dickstein
Jennifer Griffin
Cathy Helgerson
City Council
Cathy Thaler
Xiaowen Wang
Lisa Warren
Minutes
Kevin McClelland speaking on behalf of Cupertino Chamber of Commerce
Martin Woh
Peggy Griffin (distributed written comments)
Govind Tatachari speaking on behalf of Better Cupertino
Staff answered questions from Council.
June 30, 2015
Council provided the following comments on the proposed procedures for
processing General Plan amendment applications:
1. Move forward on a policy for processing General Plan Amendment (GPA)
requests as recommended by staff with the following additional ideas:
a. Consider accepting GP A applications for authorization twice a year
instead of annually.
b. Consider bringing back an option to allow the re-evaluation of GP A
applications that did not get selected and would like to revise and
resubmit their applications.
2. Prefer a policy instead of an ordinance at the start. Once the process is in place
and has been implemented for a few cycles, an ordinance could be considered.
ORAL COMMUNICATIONS
Cathy Thaler talked about previous issues with the temporary stoplight on Stevens Creek
Boulevard and Tantau Avenue and said that the new standard has been installed.
Arthur Lu talked about Council's voting record for the GPA on December 4, 2014 and
asked for a redline version of the 2005 and 2040 General Plan.
Xiaowen Wang talked about the agreement with Fehr and Peers for traffic work for Valko
and summarized the information she received from staff.
Cathy Helgerson talked about the punishment for violating the Sherman Antitrust Act
regarding the bid process.
Govind Tatachari talked about the request for a redline copy of the General Plan.
2
City Council Minutes June 30, 2015
ADJOURNMENT
At 10:05 p.m., Mayor Sinks adjourned the meeting to Tuesday, July 7 for a special
meeting beginning at 3:00 p.m. for a closed session followed by the regular meeting at
6:45 p.m., Cupertino Council Chamber, 10350 Torre Avenue.
/s/ Grace Schmidt
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.
3
CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 7, 2014
SPECIAL CITY COUNCIL MEETING
At 3:01 p.m. Mayor Gilbert Wong called the Special City Council meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang
(3:04 p.m.), Orrin Mahoney (3:04 p.m.), and Mark Santoro. Absent: None.
STUDY SESSION
1. Subject: Study Session on the Final Environmental Impact Report (EIR) for the
proposed General Plan Amendment, Housing Element Update, and associated
Rezoning
Recommended Action: Staff recommends that the City Council receive this report
and comments on the Final EIR. This is a study session and no action is required at
this time.
Description: Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, SPA-2014-01,
MCA-2014-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: Citywide;
Discussion of Environmental Impact Report for a General Plan Amendment, Housing
Element update and associated rezoning; General Plan Amendment to establish
Citywide development allocations for commercial, office, hotel and residential uses
and development parameters for key study areas (including the Valko Shopping
District); General Plan Amendment for the 2014-2022 Housing Element as required
by State Law; Rezoning of certain parcels in conjunction with the Citywide General
Plan Amendment; Specific Plan Amendment to the Heart of the City Specific Plan
related to maximum residential yield calculations and an updated map to conform to
the General Plan; Municipal Code Amendment to comply with State Housing Law
and the Housing Element of the General Plan and other zoning code amendments for
clean-up and consistency
Written communications for this item included an email from Phyllis Dickstein from
Travigne Villas and a staff PowerPoint presentation.
City Council Minutes October 7, 2014
Senior Planner Piu Ghosh reviewed the staff report via a Power Point Presentation.
Consultant Steve Noack from PlaceWorks furthered reviewed the PowerPoint
presentation.
Jennifer Griffin said that the One Bay Area plan is not a good plan for Cupertino. She
also noted that she isn't a fan of rapid transit and urged Council to protect the roads
for future generations, respect the Heart of the City, and protect existing
neighborhoods.
Jason Lungaard with Apple noted that Irvine Security and Apple have agreed on
joint language that has been submitted to the city addressing privacy and security at
Apple Campus 2.
Albert Wang representing Marina Food and Marina Plaza said that they are planning
to renovate their ~ite and anticipates bringing the store back as a retail anchor and
support for the community. He noted that the location along Stevens Creek Corridor
is perfect for residential and retail activities and he hopes to be able to increase the
height and density enough in the renovation project to make their site economically
viable.
Glen Simons representing the architects working with Mr. Wang on the Marina Plaza
site said this is an ideal location to add housing to the already existing office and
retail. He explained that the group is experienced in dealing with mitigation issues
such as sound without having to build sound walls and bringing in fresh air to the
buildings that is free from pollutants.
Sarah McDermott spoke on behalf of Unite Here Local 19 representing hospitality
workers in the south bay. She noted that the group is excited that Cupertino is
expanding its hotel offerings and urged Council to be proactive in selecting hotel
projects that work both for the City and the hotel employees.
Council recessed from 3:46 p.m. to 5:00 p.m.
CLOSED SESSION
At 5:00 p.m. Council went into closed session in City Hall Conference Room A and
reconvened in open session at 6:48 p.m. in the Community Hall Council Chamber, 10350
Torre Avenue, Cupertino, CA.
City Council Minutes October 7, 2014
2. Subject: Conference with Legal Counsel -Initiation of Litigation pursuant to
subdivision ( c) of Section 54956.9: One Case
3. Subject: Public Employee Performance Evaluation (Government Code Section
54957): City Manager
Mayor Wong announced that for items one and two, City Council gave direction to
staff.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order 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
4. Subject: Present Proclamation to Diana Khoury, owner of The Original Pancake House
Recommended Action: Present Proclamation
This item was postponed to a future meeting when Ms. Khoury was available.
5. Subject: Present Proclamation to the Cupertino Library Fomldation for
#LoveYourLibrary Month and #GivingTuesday
Recommended Action: Present Proclamation
Mayor Wong presented the proclamation to Bob Adams and Annie Ho.
POSTPONEMENTS
Wong moved and Mahoney seconded to postpone item number 22 to a future City Council
meeting when further information was available. The motion carried unanimously.
ORAL COMMUNICATIONS -None
City Council Minutes October 7, 2014
CONSENT CALENDAR
Mahoney moved and Sinks seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 11 and 18 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent:
None.
6. Subject: Approve the September 2 City Council minutes
Recommended Action: Approve the minutes
7. Subject: Accept Accounts Payable for period ending August 29, 2014
Recommended Action: Adopt Resolution No. 14-195 accepting Accounts Payable for
the period ending August 29, 2014.
8. Subject: Accept Accounts Payable for period ending September 5, 2014
Recommended Action: Adopt Resolution No. 14-196 accepting Accounts Payable for
the period ending September 5, 2014
9. Subject: Accept Accounts Payable for period ending September 12, 2014
Recommended Action: Adopt Resolution No. 14-197 accepting Accounts Payable for
the period ending September 12, 2014
10. Subject: Accept Accotmts Payable for period ending September 19, 2014
Recommended Action: Adopt Resolution No. 14-198 accepting Accounts Payable for
the period ending September 19, 2014
11. Subject: Fremont Union High School District (FUHSO) Parcel Tax Renewal, Measure J
and K (November 4, 2014)
Recommended Action: Accept Legislative Committee recommendation to support the
FUHSD Parcel Tax Renewal, Measure J, and New Bond, Measure K for the November
4, 2014 General Election
Written communications for this item included a Power Point presentation.
Superintendent Polly Bove gave information on Measures J and K via a PowerPoint
presentation.
Sinks moved and Chang seconded to accept the Legislative Committee
recommendation to support the FUHSD Parcel Tax Renewal, Measure J, and New
Bond, Measure K for the November 4, 2014 General Election. The motion carried with
Santoro abstaining.
City Council Minutes October 7, 2014
12. Subject: Second Amendment to the Employment Contract for the City Attorney
Recommended Action: Approve the Second Amendment to the Employment Contract
for the City Attorney
13. Subject: Cancel the first meeting in January of 2015
Recommended Action: Cancel the first meeting in January of 2015
14. Subject: Fee waiver request from the League of Women Voters of Cupertino -
Sunnyvale for $180 facility use fee for the Community Hall on October 13, 2014 from
6:30 -9:30 p.m. for a candidate forum for the Cupertino Union School District Board of
Trustees and on October 16, 2014 from 6:30 -9:30 p.m. for a candidate forum for the
City of Cupertino City Council.
Recommended Action: Approve the fee waiver request for both events in Community
Hall.
15. Subject: Application for Alcoholic Beverage License for Viva Thai Bistro, 19058 Stevens
Creek Boulevard
Recommended Action: Recommend approval of application for Alcoholic Beverage
License for Viva Thai Bistro, 19058 Stevens Creek Boulevard
16. Subject: Application for Alcoholic Beverage License for Bob's Discotmt Liquor Store,
7335 Bollinger Road, Suite F
Recommended Action: Recommend approval for Alcoholic Beverage License for Bob's
Discount Liquor Store, 7335 Bollinger Road, Suite F
17. Subject: Application for Alcoholic Beverage License for Elephant Bar Restaurant, 19780
Stevens Creek Boulevard
Recommended Action: Recommend approval of Alcoholic Beverage License for
Elephant Bar Restaurant, 19780 Stevens Creek Boulevard
18. Subject: Sports Center Tennis Court Retaining Wall Repair Project, No. 2014-06
Recommended Action: Authorize the City Manager to award a contract to Valentine
Corporation in the amotmt of $188,369; and approve a construction contingency of
$20,000 for a total of $208,369.
Chang moved and Mahoney seconded to authorize the City Manager to award a
contract to Valentine Corporation in the amotmt of $188,369; and approve a
construction contingency of $20,000 for a total of $208,369. The motion carried
unanimously.
City Cotmcil Minutes October 7, 2014
SECOND READING OF ORDINANCES
19. Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title
9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags.
Recommended Action: Conduct the second reading and enact Ordinance No. 14-2122:
"An Ordinance of the City Council of the City of Cupertino amending Section 9.17.130
of Chapter 9.17 of Title 9 of the Cupertino Municipal Code relating to the regulation of
single-use carryout bags," to cap the required minimum charge for recycled paper bags
at ten cents and eliminate a future increase to twenty-five cents per bag.
Jeimifer Griffin said that she would like to see the paper bag fee kept at 0.10. She also
noted that she had heard there was a thought to develop a type of plastic bag that was
recyclable and wanted to hear more about this.
Mayor Wong noted that the State recently passed legislation regarding a plastic bag
ban. Director of Public Works Timm Borden noted that the State legislation doesn't
preempt any legislation in our Municipal Code and that they are very similar.
Chang moved and Sinks seconded to read Ordinance No. 14-2122 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. Absent: None.
Chang moved and Sinks seconded to enact Ordinance No. 14-2122. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS-None
ORDINANCES AND ACTION ITEMS
20. Subject: Conversion of interim Associate Civil Engineer position to a permanent
position and a three-and-a-half-year extension to interim Associate Planner position.
Recommended Action: Authorize 1) the conversion of the two-year limited-term
Associate Civil Engineer in the Public Works Development Services Division to a
permanent position, and 2) the extension of the current interim planner position to an
additional three-and-a-half-year term.
Written communications for this item included a comparison chart of planners by city.
Director of Public Works Timm Borden reviewed the staff report.
City Council Minutes October 7, 2014
Assistant Director of Community Development Gary Chao reviewed the handout
regarding a comparison chart of planners by city.
Mahoney moved and Chang seconded to authorize 1) the conversion of the two-year
limited-term Associate Civil Engineer in the Public Works Development Services
Division to a permanent position, and 2) the extension of the current interim planner
position to an additional three-and-a-half-year term. The motion carried with Santoro
voting no. Santoro explained that he believes the two positions are justified but said he
voted no because he was concerned about the permanent head count growth.
21. Subject: Set application deadline and interview dates for commissions with terms
expiring January 30, 2015.
Recommended Action: Approve an application deadline of Friday, January 16 and
interview dates of Monday, Januaiy 26 and Tuesday, January 27 beginning at 5:00 p.m.
on both days.
City Clerk Grace Schmidt reviewed the staff report.
Sinks moved and Mahoney seconded to approve an application deadline of Friday,
January 16 and interview dates of Monday, January 26 and Tuesday, Jai-iuary 27
beginning at 5:00 p.m. on both days. The motion carried unanimously.
22. Subject: Approval of an Ordinance amending Chapter 2.08 of Title 2 of the Cupertino
Municipal Code to add section 2.08.145 to codify the existing Councilmember call for
review
Recommended Action: Introduce and conduct the first reading of Ordinance No. 14-
2123: "An Ordinance of the City Council of the City of Cupertino amending the
Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to
call for review"
Under postponements, this item was continued to a future Cotmcil meeting.
REPORTS BY COUNCIL AND STAFF
23. Subject: Present Construction Project Update Report
Recommended Action: Receive Project Update Report
Written communications for this item included a staff PowerPoint presentation for the
Construction Project Update and information regarding the Stevens Creek Corridor
Master Plan project.
City Council Minutes October 7, 2014
Director of Public Works Timm Borden presented the Construction Project Update
Report via a Power Point presentation. Council received the Project Update Report.
Council members highlighted the activities of their committees and various community
events.
City Manager David Brandt presented a brief update on the status of the Stevens Creek
Corridor Master Plan project.
ADJOURNMENT
At 8:01 p.m., Mayor Wong adjourned the meeting to October 21.
/s/ Grace Schmidt
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 Cham1el 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.
Grace Schmidt
From:
Sent:
To:
Cc:
Better Cupertino <bettercupertino@gmail.com>
Tuesday, October 20, 2015 9:19 AM
City Clerk; David Brandt
Peggy Griffin; City Council
Subject: Summary description of each speaker should maintain the same detail as in 2014
RE: Agenda Item 18: Consider continuing the policy of providing action minutes for City Council meetings.
Dear City Clerk, City Manager and Councilmembers,
Thank you, the City Clerk, for providing a short description of each comment during Oral Communication and
on each agenda item. For each speaker who took time to attend the Council meeting, this shows a respect for
their opinions and good governance.
Although the adoption of "action minutes" was done in 2002, the amount of details on summary description of
each speaker who comment during either Oral Communication or on Agenda Item have deteriorated since
December 2014. Recently, it is down to only a mention of names most of the time.
Here are some examples to show how the amount of details have reduced recently.
July 30, 2015 Study Session on GPA procedure: speaker is only mentioned by name.
e.g. Cathy Thaler
Xiaowen Wang
Lisa Warren
Kevin McClelland speaking on behalf of Cupertino Chamber of Commerce
Martin Woh
March 3, 2015 Oral Comm. in Council Meeting: Still pretty good detail.
e.g. Jon Willey talked about the online survey on the draft Community Benefits Program and how it
pertains to building planes. He noted some of the residential comments and distributed a hard copy of the
document he was referring to.
Lisa Warren talked about the General Plan Amendment process and urged Council to not lose sight of the
big picture. She mentioned a Los Altos City Council meeting which talked about a moratorium in that
City and handed out information regarding that meeting.
Oct. 7, 2014 Study Session on GPA EIR: very detailed summary for each speaker. (the same detail for the
speaker on each agenda item.)
e.g. Albe1i Wang representing Marina Food and Marina Plaza said that they are planning to renovate their
site and anticipates bringing the store back as a retail anchor and suppmi for the community. He noted
that the location along Stevens Creek Corridor is perfect for residential and retail activities and he hopes
to be able to increase the height and density enough in the renovation project to make their site
economically viable.
We understand that the City Clerk might have more work load due to recent Public Records request. We are
grateful for their effmis.
However, please understand that the residents won't be requesting any Public Records regarding the GP A
1
process or the community benefits process or Vallco ifthe City has provided meaningful community
participation in the past two years or Council has taken the time to consider important items that affect our lives
carefully.
To foster good meaningful communication between the residents and the Council, please provide good
detailed summary for each speaker for both Oral Communication and agenda items, as it has been done up until
late 2014.
Sincerely,
Liang Chao
On Tue, Oct 20, 2015 at 12:22 AM, Better Cupertino <bettercupertino@gmail.com> wrote:
Both Palo Alto and San Jose provides transcripts of their meetings, as a service, not as an official meeting
record. This is an example that Cupertino can follow.
We would like to urge Cupertino City Council to also provide transcripts of meetings. This is especially helpful
for a large part of our population whose first language is not English. Often, we hear a word and don't
understand, but we cannot look it up since we don't know its spelling. A text h·anscript could go a long way to
help us to participate in City Council meetings and further assimilate into the American culture and the
wonderful democratic system.
A transcript would be very helpful also for an increasing population of seniors in Cupe1iino. They might
become hard of hearing or they don't have the tenacity to sit for hours at a time to watch meeting videos.Yet,
many of them are still very alert and care about the happendi:ngs at the City Hall. A transcript would enable
them to search for sections that they are interested in easily.
Please consider the tremendous benefits of transcripts of Council meetings could serve for a large population of
immigrants and an increasing population of senior citizens.
Sincerely,
Liang Chao
2
CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 30, 2015
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Special City Council meeting to order in
Cupertino Community Hall Co1mcil Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Savita
Vaidhyanathan, and Gilbert Wong. Absent: Council member Darcy Paul.
1. Subject: Study Session on policy for processing General Plan Amendment
applications
Recommended Action: Conduct study session and comment on the proposed
procedures for processing General Plan amendment applications (Attachment A)
Description: Application No(s): CP-2015-02, Applicant(s): City of Cupertino,
Location: citywide, Policy for processing General Plan Amendment applications
Written communications included emails to Co1mcil and a staff PowerPoint
presentation.
Senior Plmmer Piu Ghosh reviewed the staff report via a Power Point presentation.
Staff m-iswered questions from Council.
Mayor Sinks opened the public comment period mld the following individuals
spoke on this item:
Catherine Alexander
Phyllis Dickstein
J eimifer Griffin
Cathy Helgerson
City Council
Cathy Thaler
Xiaowen Wang
Lisa Warren
Minutes
Kevin McClelland speaking on behalf of Cupertino Chamber of Commerce
Martin Woh
Peggy Griffin (distributed written comments)
Govind Tatachari speaking on behalf of Better Cupertino
Staff answered questions from Council.
June 30, 2015
Council provided the following comments on the proposed procedures for
processing General Plan amendment applications:
1. Move forward on a policy for processing General Plan Amendment (GP A)
requests as recommended by staff with the following additional ideas:
a. Consider accepting GP A applications for authorization twice a year
instead of annually.
b. Consider bringing back an option to allow the re-evaluation of GP A
applications that did not get selected and would like to revise and
resubmit their applications.
2. Prefer a policy instead of an ordinance at the start. Once the process is in place
and has been implemented for a few cycles, an ordinance could be considered.
ORAL COMMUNICATIONS
Cathy Thaler talked about previous issues with the temporary stoplight on Stevens Creek
Boulevard and Tantau Avenue and said that the new standard has been installed.
Arthur Lu talked about Council's voting record for the GPA on December 4, 2014 and
asked for a redline version of the 2005 and 2040 General Plan.
Xiaowen Wang talked about the agreement with Fehr and Peers for traffic work for Valko
and summarized the information she received from staff.
Cathy Helgerson talked about the punishment for violating the Sherman Antitrust Act
regarding the bid process.
Govind Tatachari talked about the request for a redline copy of the General Plan.
2
City Council Minutes June 30, 2015
ADJOURNMENT
At 10:05 p.m., Mayor Sinks adjourned the meeting to Tuesday, July 7 for a special
meeting beginning at 3:00 p.m. for a closed session followed by the regular meeting at
6:45 p.m., Cupertino Council Chamber, 10350 Torre Avenue.
/s/ Grace Schmidt
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.
3
CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, March 3, 2015
SPECIAL CITY COUNCIL MEETING
At 4:30 p.m. Mayor Rod Sinks called the Special City Council meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul
(4:33 p.m.), Savita Vaidhyanathan, and Gilbert Wong (4:33 p.m.). Absent: None.
STUDY SESSION
1. Subject: Work Program study session
Recommended Action: Review the 2015/2016 Work Program
Assistant City Manager Aarti Shrivastava gave a quick overview of the Work
Program noting Council had received both a redline copy and clean copy. She asked
for direction from Council members regarding any changes they wished to make.
City Manager David Brandt gave a brief overview of new projects in the Public
Affairs portion of the Work Program.
Public Affairs Director Rick Kitson answered questions from Council.
Mr. Brandt gave a brief overview of Economic Development and answered
questions from Council.
Assistant to the City Manager Erin Cooke gave a brief overview of the Sustainability
Division and answered questions from Council.
Ms. Shrivastava highlighted the upcoming projects for Community Development
and answered questions from Co1mcil.
Director of Public Works Timm Borden highlighted the Work Program for the Public
City Council Minutes Mari:h 3, 2015
Works Department and answered questions from Council.
Djrector of Recreation and Community Services Carol Atwood highlighted the
projects for that department and answered questions from Council.
Mr. Brandt highlighted the Administrative Services Department Work Program and
answered questions from Council.
Jennifer Griffin talked about the Lawrence Mitty property and the struggle to obtain
it. She noted that Cupertino had done pre-annexation studies of the property. She
also suggested the use of small buses into BlackBerry Farm.
Council gave the following direction and asked for more information on the
following:
• Add to Work Program the Bicycle Pedestrian Commission's recommendation
to do a feasibility study on class one bike lanes.
• Add to Work Program (include in Civic Center Master Plan) installation of a
pole in the Civic Center showing directional signs with the names of each
Sister City and how many miles it is from Cupertino.
• Bring back to Council a Safe Routes to Schools map noting sidewalk gaps and
cost to update the gaps.
• With budget proposal, bring analysis of revenue assumption for Blackberry
Farm with no buses being allowed. Also bring analysis of golf course revenue
assumption.
• Put in Items a list of which schools .are included in the Memorandum of
Understanding with the City regarding usage of grounds after school hours
and on weekends, and confirm signage is posted noting the allowed usage.
• Add to Work Program the possibility of am1exation of the Lawrence Mitty
parcel from the City of San Jose.
• Supply information on when the Below Market Rate (BMR) impact fee would
apply to new developments.
ADJOURNMENT
City Council Minutes March 3, 2015
At 6:24 p.m. Mayor Sinks adjourned the Special City Com1cil meeting to the Regular City
Council meeting.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul,
Savita Vaidhyanathan, and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATION
1. Subject: Presentation by Tim McRae, Director of Energy for the Silicon Valley
Leadership Group (SVLG) regarding the "Turning Red Tape into Red Carpet"
award program that honors the best practices and innovative services of
government entities in the Silicon Valley region
Recommended Action: Receive the presentation
Mr. McRae presented the "Turning Red Tape into Red Carpet" award to the City of
Cupertino representing the winner in the Sustainable Green Development category
with its "Green Biz Cupertino."
POSTPONEMENTS
Wong moved and Vaidhyanathan seconded to postpone item number 13 and bring it
back on a future Com1cil agenda. The motion carried tmanimously.
ORAL COMMUNICATIONS
Phyllis Dickstein talked about her concerns with the survey on community benefits and
building heights.
Gary Latshaw talked about drought and climate mange and their effect on urban
planning. He suggested mecl1anisms to help reduce the impact of these issues.
City Council Minutes March 3, 2015
Cheryl Lilienstein, President of Palo Altans for Sensible Zoning talked about public
benefits for increased zoning. She mentioned some specific examples of how this didn't
work in Palo Alto.
Steven Scharf talked about a newly-established residential group in Cupertino called
Residents for Sensible Zoning, www.crszaction.org. He mentioned some of the group's
core beliefs regarding zoning concerns in Cupertino.
Robert McKibbin representing Concerned Citizens of Cupertino (CCC) asked Council to
reject any results received from the community benefits and building heights survey. He
explained his reasons and read a few sample questions as examples of the concerns.
Peggy Griffin, member of Cupertino Residents for Sensible Zoning talked about concerns
over development and loss of Cupertino's ridgeline. She showed pichires noting what
Cupertino used to look like versus now.
Sun:il Satnur talked about concerns with how fast the General Plan Amendment (GP A) is
moving without considering impacts to Cupertino such as traffic and schools. He urged
Council to take the process one step at a time.
Lisa Warren talked about concerns with the community benefits and building heights
community survey regarding problems with completion of the survey and possible
responses being lost.
Jon Willey showed pictures of Sunnyvale Town Center and the comparison of what
development at Valko would look like. He distributed handouts of the pictures.
Liang-Fang Chao talked about commimity developments and building heights increasing
traffic and having other impacts. She also asked to have a parks and community services
agreement in place first.
Paula Wallis said that the amicus brief deadline was March 8 and thanked Cmmcil for
considering the item but that it is no longer possible. She asked Council for its leadership
in working with the County and the regulatory agencies that oversee Lehigh for the best
possible operation that serves the public interest.
Tim Brand talked about issues with selenium readings in the water being out of
compliance due to Lehigh. He distributed information regarding these readings and other
additional information for Council.
City Council Minutes March 3, 2015
Reed Moulds from Sand Hill Property Company talked about revitalizing Valko and
noted a website for more information www.vallcovision.com.
Mitch Smith, owner of Solar Technology Builders talked about the HERO program
(Home Energy Renovation Opportunity). He noted that if the program were adopted in
Cupertino, homeowners would receive financing for water and energy conservation and
a tax credit for going solar. He distributed information about the program.
Xiaowen Wang, representing Better Cupertino talked about office allocation in Cupertino
regarding how much is needed vs how much is planned. She distributed the information
shown to Council.
Muneesh Coomer talked about Valko development and rezoning.
CONSENT CALENDAR
Wong moved and Chang seconded to approve the items on the Consent Calendar as
presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain:
None. Absent: None.
2. Subject: Accept Accounts Payable for period ending January 30, 2015
Recommended Action: Adopt Resolution No. 15-008 accepting Accounts Payable
for the period ending January 30, 2015
3. Subject: Accept Accounts Payable for period ending February 6, 2015
Recommended Action: Adopt Resolution. No. 15-009 accepting Accounts Payable
for the period ending February 6, 2015
4. Subject: Accept Accounts Payable for period ending February 13, 2015
Recommended Action: Adopt Resolution No. 15-010 accepting Accounts Payable
for the period ending February 13, 2015
5. Subject: Approve appointment of the Planning Commission representative to the
Environmental Review Committee
Recommended Action: Approve appointment
6. Subject: Application for Alcoholic Beverage License for Kikusushi Japanese
Restaurant, 1655 S De Anza Boulevard, Suite 6
Recommended Action: Recommend approval of Application for Alcoholic
Beverage License for Kikusushi Japanese Restaurant, 1655 S De Anza Boulevard,
Suite 6
City Cotmcil Minutes March 3, 2015
7. Subject: Application for Alcoholic Beverage License for Chipotle Mexican Grill
Store 2549, 20688 Homestead Road
Recommended Action: Recommend approval of Application for Alcoholic
Beverage License for Chipotle Mexican Grill Store 2549, 20688 Homestead Road
8. Subject: Application for Alcoholic Beverage License for Safeway #3251, 20620
Homestead Road
Recommended Action: Recommend approval of Application for Alcoholic
Beverage License for Safeway #3251, 20620 Homestead Road
9. Subject: Application for Alcoholic Beverage License for Gumbas Restaurant, 21678
Stevens Creek Boulevard
Recommended Action: Recommend approval of Application for Alcoholic
Beverage License for Gumbas Restaurant, 21678 Stevens Creek Boulevard
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS -None
ORDINANCES AND ACTION ITEMS
10. Subject: Pilot Program for Early Morning Collection of Recology Containers on
Select Streets in the Tri-School Area.
Recommended Action: Provide direction to staff on whether to implement the pilot
program as proposed.
Written communications for this item included an email from Scott Hughes to City
Council.
Mayor Sinks noted that he lives in the zone for this item and recused himself from
the discussion. He left the dais and Vice Mayor Chang took over as chair for this
item.
Director of Public Works Timm Borden reviewed the staff report.
Assistant Director of Public Works Roger Lee explained more about the pilot
program.
Staff answered questions from Council.
City Council Minutes March 3, 2015
Suzanne Ford talked about issues with early collection and suggested ways to
increase traffic safety for students and parents.
Scott Hughes talked about possibly changing the pickup day to Wednesday
because of a later school start. He also suggested expanding the pilot program to
Rainbow Drive.
Rhoda Fry talked about child safety issues regarding trucks and having cans in the
right-of-way. She asked what other cities do.
Council asked questions from John Zirelli, General Manager at Recology.
Vaidhyanathan moved and Wong seconded to start the pilot program for early
morning collection of Recology containers on select streets in the tri-school area on
major arteries at the currently scheduled time and on feeder streets at 6:00 a.m. for
the pilot period ending June 13 (last day of school is June 12). The motion carried
with Sinks recusing.
Mayor Sinks returned to the Dais.
11. Subject: An Ordinance of the City Council of the City of Cupertino Amending
Section 11.32 of the Cupertino Municipal Code Relating to Truck Traffic Routes.
Recommended Action: Conduct First Reading of Ordinance No. 15-2128: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 11.32 of
the Cupertino Municipal Code to restrict truck access to streets adjacent to public
schools during certain hours"
Written communications for this item included a truck route ordinance map.
Director of Public Works Timm Borden reviewed the staff report.
The following individuals spoke on this item:
Scott Hughes
Kevin McClelland
David Fung (distributed documents of two maps)
Cynthia Chung
Rerathy Narasimhan
Elaine Lu
Paula Wallis
City Council Minutes March 3, 2015
Their comments included: expand truck restriction beyond 500 feet; extend time to
10:00 a.m.; include McClellan and Rainbow; expand to all trucks such as tree
cutting services and PG&E; limit all truck traffic throughout Cupertino during
school hours.
Sheriff Deputies answered questions from Council regarding citation infractions.
Staff answered questions from Council.
Wong moved and Paul seconded to read Ordinance No. 15-2128 by title only and that
the City Clerk's reading would constitute the first reading thereof. A yes: Sinks,
Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None.
Council made the following ordinance amendments and gave direction to staff for
the second reading:
• Bring back information on citation authority and fine amounts
• Also include McClellan Road between Bubb and Stelling and any other
roads that staff defines to be within 500 feet of school entrances
• Bring back findings regarding possibly including rainbow drive
Council recessed from 9:30 p.m. to 9:40 p.m.
12. · Subject: 2015 Bikeway Improvement Prioritization update to the 2011 Cupertino
Bicycle Transportation Plan
Recommended Action: Adopt the 2015 Bikeway Improvement Prioritization update
to the 2011 Cupertino Bicycle Transportation Plan
Written communications for this item included: various emails to Council and a
staff PowerPoint presentation.
Director of Public Works Timm Borden gave a brief overview of the item.
Senior Civil Engineer David Stillman reviewed the staff report via a PowerPoint
presentation.
The following individuals spoke on this item:
Pete Heller, Bicycle Pedestrian Commission Chair
Gary Jones, Bicycle Pedestrian Commissioner
Sean Lyn, Bicycle Pedestrian Commissioner
City Council
Naomi Bloom
Taghi Saadati
Jon Kaplan
Scott Hughes
Frank Geefay
Minutes
Stewart Kelly (distributed handout on 2015 Bike Plan priority items)
Jennifer Griffin
Rerathy Narasimhan
JohnMumy
March 3, 2015
Their comments included: green bike lanes increase visibility especially with bike
and auto cross-over lanes; do more with class one bike lanes in the future to
increase safety; support of bike plan update and priority one items around schools
has support of community; parent support also important; education of drivers,
pedestrians, and bicyclists important; suggestions for other safety ideas such as
lighted crosswalks, signage, etc.; increase funding to cover all priority one and two
items within the next 12-18 months; increase staffing on public safety and update
the pedestrian plan; add white PVC posts in certain bike lane areas; make streets
safe for bikes immediately with additional bike infrastructure; add finding to
include upgrade to school routes; bring back school buses; paint bike lanes for
Hyde Middle School also; focus on enforcement of both drivers and bicyclists.
Wong moved and Paul seconded to adopt the 2015 Bikeway Improvement
Prioritization update to the 2011 Cupertino Bicycle Transportation Plan with
direction to staff to ask Cupertino Union School District (CUSD) regarding a trial
school bus program. The motion carried tmanimously.
13. Subject: Update of the City of Cupertino Americans with Disabilities Act (ADA)
Self-Evaluation and Transition Plan
Recommended Action: Approval of the City of Cupertino Americans with
Disabilities Act (ADA) Self-Evaluation and Transition Plan Update
Under postponements, this item was postponed to an upcoming City Council
agenda.
14. Subject: Consideration and approval of the Mid-Year Financial Report and
recommended budget adjustments for fiscal year (FY) 2014-2015
Recommended Action: 1. Accept the City Manager's Mid-Year Financial Report 2.
Approve the Mid-Year adjustments for fiscal year 2014-2015 as described in the
Mid-Year Financial Report 3. Adopt Resolution No. 15-011 approving Mid-Year
budget adjustments
City Council Mllutes March 3, 2015
Written communications for this item included a staff Power Point presentation.
Finance Manager Lisa Taitano and Assistant to the City Manager Jaqui Guzman
reviewed the staff report via a PowerPoint presentation and answered questions
from Council.
Scott Hughes talked about setting aside funds for public safety items such as
crossing guards, raised crosswalks, flashing lights in crosswalks, and the use of
modern buses in lieu of school buses in locations where kids can't walk or bike to
school.
Wong moved and Chang seconded (with a friendly amendment by Vaidhyanathan
to include priority item number 25), and the motion carried unanimously to: 1.
Accept the City Manager's Mid-Year Financial Report; and 2. Approve the Mid-
Year adjustments for fiscal year 2014-2015 as described in the Mid-Year Financial
Report; and 3. Adopt Resolution No. 15-011 approving mid-year budget
adjustments with the following amendments regarding the 2015 Bikeway
Improvement Priorities in the 2011 Cupertino Bicycle Transportation Plan:
• Approve the recommended increase of $345,000 plus an additional $90,000
for a total of $435,000 to implement priority item numbers 9, 10, 14, 24, 26, 7,
19, 20, and 25.
• Priority item numbers 7, 19, 20, and 25 to be implemented as feasible and as
resources are available prior to July 1, 2015.
• Direction to work with consultant on mobility study regarding bus routes to
schools
15. Subject: Set the dates for the Teen Commission application deadline and interviews
and discuss potential streamlining of application process
Recommended Action: Staff recommends the following: 1. Applications due in the
City Clerk's office by 4:30 p.m. on Friday, May 8; and 2. Interviews held beginning
at 3:30 p.m. on Tuesday, May 26 and Wednesday, May 27 (as needed); 3. Discuss
potential streamlining of the application process and direct staff to prepare a draft
resolution noting any changes Council would lil<e to make
City Clerk Grace Schmidt reviewed the staff report.
Wong moved and Chang seconded to set the application deadline for Friday, May 8
at 4:30 p.m. and hold interviews on Tuesday, May 26 and Wednesday, May 27
City Council Minutes March 3, 2015
beginning at 3:30 p.m. with no change to the application process. The motion
carried unanimously.
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt said staff would re-notice the. General Plan Amendment for
changes to development allocations item to April 21 if all Council members would not be in
attendance on March 17.
16. Subject: Construction Project Update Report
Recommended Action: Receive Construction Update Report
Council concurred to continue this item to the next meeting.
17. Subject: Report on Committee Assignments
Recommended Action: Report on Committee Assignments
Council members highlighted the activities of their committees and various
community events.
Council members concurred to agendize an item regarding a discussion on how
items may be added to a City Council agenda.
ADJOURNMENT
At 12:37 a.m. on Wednesday, March 4, 2015, Mayor Sinks adjourned the meeting to March
17 at 6:00 p.m. for Technology, Information, and Communications Commission (TICC)
interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA.
/s/ Grace Schmidt
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.
CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 7, 2014
SPECIAL CITY COUNCIL MEETING
At 3:01 p.m. Mayor Gilbert Wong called the Special City Council meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang
(3:04 p.m.), Orrin Mahoney (3:04 p.m.), and Mark Santoro. Absent: None.
STUDY SESSION
1. Subject: Study Session on the Final Environmental Impact Report (EIR) for the
proposed General Plan Amendment, Housing Element Update, and associated_
Rezoning
Recommended Action: Staff recommends that the City Council receive this report
and comments on the Final EIR. This is a study session and no action is required at
this time.
Description: Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, SPA-2014-01,
MCA-2014-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: Citywide;
Discussion of Environmental Impact Report for a General Plan Amendment, Housing
Element update and associated rezoning; General Plan Amendment to establish
Citywide development allocations for commercial, office, hotel and residential uses
and development parameters for key study areas (including the Valko Shopping
District); General Plan Amendment for the 2014-2022 Housing Element as required
by State Law; Rezoning of certain parcels in conjunction with the Citywide General
Plan Amendment; Specific Plan Amendment to the Heart of the City Specific Plan
related to maximum residential yield calculations and an updated map to conform to
the General Plan; Municipal Code Amendment to comply with State Housing Law
and the Housing Element of the General Plan and other zoning code amendments for
clean-up and consistency
Written communications for this item included an email from Phyllis Dickstein from
Travigne Villas and a staff PowerPoint presentation.
City Council Minutes October 7, 2014
Senior Planner Piu Ghosh reviewed the staff report via a Power Point Presentation.
Consultant Steve Noack from PlaceWorks furthered reviewed the PowerPoint
presentation.
Jennifer Griffin said that the One Bay Area plan is not a good plan for Cupertino. She
also noted that she isn't a fan of rapid transit and urged Council to protect the roads
for future generations, respect the Heart of the City, and protect existing
neighborhoods.
Jason Lungaard with Apple noted that Irvine Security and Apple have agreed on
joint language that has been submitted to the city addressing privacy and security at
Apple Campus 2.
Albert Wang representing Marina Food and Marina Plaza said that they are planning
to renovate their site and anticipates bringing the store back as a retail anchor and
support for the community. He noted that the location along Stevens Creek Corridor
is perfect for residential and retail activities and he hopes to be able to increase the
height and density enough in the renovation project to make their site economically
viable.
Glen Simons representing the architects working with Mr. Wang on the Marina Plaza
site said this is an ideal location to add housing to the already existing office and
retail. He explained that the group is experienced in dealing with mitigation issues
such as sound without having to build sound walls and bringing in fresh air to the
buildings that is free from pollutants.
Sarah McDermott spoke on behalf of Unite Here Local 19 representing hospitality
workers in the south bay. She noted that the group is excited that Cupertino is
expanding its hotel offerings and urged Council to be proactive in selecting hotel
projects that work both for the City and the hotel employees.
Council recessed from 3:46 p.m. to 5:00 p.m.
CLOSED SESSION
At 5:00 p.m. Council went into closed session in City Hall Conference Room A and
reconvened in open session at 6:48 p.m. in the Community Hall Council Chamber, 10350
Torre Avenue, Cupertino, CA.
City Council Minutes October 7, 2014
2. Subject: Conference with Legal Cotmsel -Initiation of Litigation pursuant to
subdivision (c) of Section 54956.9: One Case
3. Subject: Public Employee Performance Evaluation (Government Code Section
54957): City Manager
Mayor Wong announced that for items one and two, City Cotmcil gave direction to
staff.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order 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
4. Subject: Present Proclamation to Diana Khoury, owner of The Original Pancake House
Recommended Action: Present Proclamation
This item was postponed to a future meeting when Ms. Khoury was available.
5. Subject: Present Proclamation to the Cupertino Library Foundation for
#LoveYourLibrary Month and #GivingTuesday
Recommended Action: Present Proclamation
Mayor Wong presented the proclamation to Bob Adams and Annie Ho.
POSTPONEMENTS
Wong moved and Mahoney seconded to postpone item number 22 to a future City Council
meeting when further information was available. The motion carried unanimously.
ORAL COMMUNICATIONS -None
City Council Minutes October 7, 2014
CONSENT CALENDAR
Mahoney moved and Sinks seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 11 and 18 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent:
None.
6. Subject: Approve the September 2 City Council minutes
Recommended Action: Approve the minutes
7. Subject: Accept Accounts Payable for period ending August 29, 2014
Recommended Action: Adopt Resolution No. 14-195 accepting Accounts Payable for
the period ending August 29, 2014.
8. Subject: Accept Accounts Payable for period ending September 5, 2014
Recommended Action: Adopt Resolution No. 14-196 accepting Accounts Payable for
the period ending September 5, 2014
9. Subject: Accept Accounts Payable for period ending September 12, 2014
Recommended Action: Adopt Resolution No. 14-197 accepting Accounts Payable for
the period ending September 12, 2014
10. Subject: Accept Accounts Payable for period ending September 19, 2014
Recommended Action: Adopt Resolution No. 14-198 accepting Accounts Payable for
the period ending September 19, 2014
11. Subject: Fremont Union High School District (FUHSD) Parcel Tax Renewal, Measure J
and K (November 4, 2014)
Recommended Action: Accept Legislative Committee recommendation to si:pport the
FUHSD Parcel Tax Renewal, Measure J, and New Bond, Measure K for the November
4, 2014 General Election
Written communications for this item included a PowerPoint presentation.
Superintendent Polly Bove gave information on Measures J and K via a PowerPoint
presentation.
Sinks moved and Chang seconded to accept the Legislative Committee
recommendation to support the FUHSD Parcel Tax Renewal, Measure J, and New
Bond, Measure K for the November 4, 2014 General Election. The motion carried with
Santoro abstaining.
City Council Minutes October 7, 2014
12. Subject: Second Amendment to the Employment Contract for the City Attorney
Recommended Action: Approve the Second Amendment to the Employment Contract
for the City Attorney
13. Subject: Cancel the first meeting in January of 2015
Recommended Action: Cancel the first meeting in January of 2015
14. Subject: Fee waiver request from the League of Women Voters of Cupertino -
Sunnyvale for $180 facility use fee for the Community Hall on October 13, 2014 from
6:30 -9:30 p.m. for a candidate forum for the Cupertino Union School District Board of
Trustees and on October 16, 2014 from 6:30 -9:30 p.m. for a candidate forum for the
City of Cupertino City Council.
Recommended Action: Approve the fee waiver request for both events in Community
Hall.
15. Subject: Application for Alcoholic Beverage License for Viva Thai Bistro, 19058 Stevens
Creek Boulevard
Recommended Action: Recommend approval of application for Alcoholic Beverage
License for Viva Thai Bistro, 19058 Stevens Creek Boulevard
16. Subject: Application for Alcoholic Beverage License for Bob's Discount Liquor Store,
7335 Bollinger Road, Suite F
Recommended Action: Recommend approval for Alcoholic Beverage License for Bob's
Discotmt Liquor Store, 7335 Bollinger Road, Suite F
17. Subject: Application for Alcoholic Beverage License for Elephant Bar Restaurant, 19780
Stevens Creek Boulevard
Recommended Action: Recommend approval of Alcoholic Beverage License for
Elephant Bar Restaurant, 19780 Stevens Creek Boulevard
18. Subject: Sports Center Tennis Court Retaining Wall Repair Project, No. 2014-06
Recommended Action: Authorize the City Manager to award a contract to Valentine
Corporation in the amount of $188,369; and approve a construction contingency of
$20,000 for a total of $208,369.
Chang moved and Mahoney seconded to authorize the City Manager to award a
contract to Valentine Corporation in the amount of $188,369; and approve a
construction contingency of $20,000 for a total of $208,369. The motion carried
tmanimously.
City Council Minutes October 7, 2014
SECOND READING OF ORDINANCES
19. Subject: Approval of an Ordinance Amending Chapter 9.17.130 of Chapter 9.17 of Title
9 of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags.
Recommended Action: Conduct the second reading and enact Ordinance No. 14-2122:
"An Ordinance of the City Council of the City of Cupertino amending Section 9.17.130
of Chapter 9.17 of Title 9 of the Cupertino Municipal Code relating to the regulation of
single-use carryout bags," to cap the required minimum charge for recycled paper bags
at ten cents and eliminate a future increase to twenty-five cents per bag.
Jennifer Griffin said that she would like to see the paper bag fee kept at 0.10. She also
noted that she had heard there was a thought to develop a type of plastic bag that was
recyclable and wanted to hear more about this.
Mayor Wong noted that the State recently passed legislation regarding a plastic bag
ban. Director of Public Works Timm Borden noted that the State legislation doesn't
preempt any legislation in our Municipal Code and that they are very similar.
Chang moved and Sinks seconded to read Ordinance No. 14-2122 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. Absent: None.
Chang moved and Sinks seconded to enact Ordinance No. 14-2122. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS -None
ORDINANCES AND ACTION ITEMS
20. Subject: Conversion of interim Associate Civil Engineer position to a permanent
position and a three-and-a-half-year extension to interim Associate Plam1er position.
Recommended Action: Authorize 1) the conversion of the two-year limited-term
Associate Civil Engineer in the Public Works Development Services Division to a
permanent position, and 2) the extension of the current interim planner position to an
additional three-and-a-half-year term.
Written communications for this item included a comparison chart of planners by city.
Director of Public Works Timm Borden reviewed the staff report.
City Council Minutes October 7, 2014
Assistant Director of Commtmity Development Gary Chao reviewed the handout
regarding a comparison chart of planners by city.
Mahoney moved and Chang seconded to authorize 1) the conversion of the two-year
limited-term Associate Civil Engineer in the Public Works Development Services
Division to a permanent position, and 2) the extension of the current interim plaimer
position to an additional three-and-a-half-year term. The motion carried with Santoro
voting no. Santoro explained that he believes the two positions are justified but said he
voted no because he was concerned about the permanent head count growth.
21. Subject: Set application deadline and interview dates for commissions with terms
expiring January 30, 2015.
Recommended Action: Approve an application deadline of Friday, January 16 and
interview dates of Monday, January 26 and Tuesday, Januaiy 27 beginning at 5:00 p.m.
on both days.
City Clerk Grace Schmidt reviewed the staff report.
Sinks moved and Mahoney seconded to approve an application deadline of Friday,
January 16 and interview dates of Monday, January 26 and Tuesday, January 27
beginning at 5:00 p.m. on both days. The motion carried unanimously.
22. Subject: Approval of an Ordinance amending Chapter 2.08 of Title 2 of the Cupertino
Municipal Code to add section 2.08.145 to codify the existing Councilmember call for
review
Recommended Action: Introduce and conduct the first reading of Ordinance No. 14-
2123: "An Ordinance of the City Cotmcil of the City of Cupertino amending the
Cupertino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to
call for review"
Under postponements, this item was continued to a future Council meeting.
REPORTS BY COUNCIL AND STAFF
23. Subject: Present Construction Project Update Report
Recommended Action: Receive Project Update Report
Written communications for this item included a staff PowerPoint presentation for the
Construction Project Update and information regarding the Stevens Creek Corridor
Master Plan project.
City Council Minutes October 7, 2014
Director of Public Works Timm Borden presented the Construction Project Update
Report via a Power Point presentation. Council received the Project Update Report.
Council members highlighted the activities of their committees and various community
events.
City Manager David Brandt presented a brief update on the status of the Stevens Creek
Corridor Master Plan project.
ADJOURNMENT
At 8:01 p.m., Mayor Wong adjourned the meeting to October 21.
/sf Grace Schmidt
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.
Grace Schmidt
From:
Sent:
To:
Subject:
Grace Schmidt
Tuesday, October 20, 2015 2:34 PM
Grace Schmidt
FW: Agenda Item 18: Provide verbatim minutes as needed for important items
From: Better Cupertino [mailto:bettercupertino@gmail.com]
Sent: Tuesday, October 20, 2015 2:27 PM
To: City Council; David Brandt
Subject: Re: Agenda Item 18: Provide verbatim minutes as needed for important items
We've contacted the city clerk of Palo Alto. She kindly replied:
"Our transcription cost is $33.00 per hour and it takes 4 hours of transcription to transcribe 1 hour of meeting, for
verbatim minutes. Sense minutes takes 3 hours transcription for each hour of meeting."
It's much cheaper than the $60 per hour quoted in the staff report.
On Tue, Oct 20, 2015 at 12:22 AM, Better Cupertino <bettercupertino@gmail.com> wrote:
Both Palo Alto and San Jose provides transcripts of their meetings, as a service, not as an official meeting
record. This is an example that Cupertino can follow.
We would like to urge Cupertino City Council to also provide transcripts of meetings. This is especially helpful
for a large part of our population whose first language is not English. Often, we hear a word and don't
understand, but we cannot look it up since we don't know its spelling. A text transcript could go a long way to
help us to participate in City Council meetings and further assimilate into the American culture and the
wonderful democratic system.
A transcript would be very helpful also for an increasing population of seniors in Cupertino. They might
become hard of hearing or they don't have the tenacity to sit for hours at a time to watch meeting videos.Yet,
many of them are still very ale1i and care about the happendings at the City Hall. A transcript would enable
them to search for sections that they are interested in easily.
Please consider the tremendous benefits of transcripts of Council meetings could serve for a large population of
immigrants and an increasing population of senior citizens.
Sincerely,
Liang Chao
On Mon, Oct 19, 2015 at 6:36 PM, Better Cupertino <bettercupertino@gmail.com> wrote:
Dear Mayor Sinks, Vice Mayor Chang and Councilmentbers,
Thank you very much for considering our request for summary minutes for City Council meetings. We
understand that the cost would be too high to provide verbatim minutes, as the Planning Commission's minutes,
for every Council meeting.
l
However, we respectful request you to provide verbatim minutes on important topics or development
projects or other topics of high interest as needed. This provides. transparency and good governance that the
Brown Act is meant to promote. Also, your constituents can read the minutes and see clearly how you reached
your decision and how you've brought up their concerns in the deliberation process.
We hope that tbe Council would consider providing verbatim minutes for important development projects or
topics. The cost of providing such verbatim minutes could even be included as a part of the project costs
for these development projects or long-term capitol projects like Valko project or Civic Center Project.
Compared with the amount of dollars we are paying the consultants to write reports. The amount to provide
verbatim minutes is negligible.
The staff report states "The City Clerk's office has used a transcription firm in the past at $60 per hour. Each
hour of meeting time takes three-six hours of transcription time. For an average five hour City Council meeting,
the cost would run at least $900 per meeting for verbatim minutes."
For example, Mayor Rod said that the seismic engineer explained clearly during July 7, 2015 Council meeting
that the new City Hall is the best option. If a summary minutes or verbatim minutes is available, Mayor Rod can
easily justify tbe need of a new City Hall since it's readily available in text format. Had a summary minutes is
available, one can do text search and easily locate it.
Take a look at the meeting minutes of July 7. 2015 Council meeting when Civic Center Master Plan was
approved. Can you understand why the Council approved the new City Hall? What seismic problem is there?
Can you even find out what's the cost of the project?
The meeting minutes of Planning Commission has always been pretty detailed. For example, in the minutes of
Oct. 20. 014 Planning Commission meeting, you can read it easily to know what each Commissioner said to
support or oppose office or residential allocation at Vallco. There is a short summary for each speaker who
spoke during Oral Co1mnunication or on an agenda item. There is also a summary of staff report, consultant
reports, questions to consultants or staff and their answers. Furthermore, one can easily do a word search of
Vallco and get to the discussion on Vallco.
The Council made an unconditional commitment to "transparency, good governance and compliance with tbe
Brown Act." The first step is to provide a snmmary or verbatim minutes for City Council meetings in the same
amount of detail as the minutes of Planning Commission meetings.
If such verbatim minutes is provided only for important meetings, either at the request of Council or residents or
Commissioners, the cost will
not be so high. Compared with the cost of non-transparent government process, the anxiety it creates among
residents not knowing how a decision is derived or what a consultant said to justify the decision and the hours
many concerned residents or even staff need to search through the videos, the cost of a few hundred dollars for
important issues that have long term effect on the future of Cupertino is not so high.
The cost is negligible especially when it's compared with the large amom1t we are paying the consultants to
write the reports and the amount we are paying them to appear in Council meetings to present and answer
questions. What's the use of paying hundreds of thousands dollars to hire consultants to write reports
when we cannot even pay $900 extra to get a verbatin minutes to provide residents a clear picture of what
transpired in a Council meeting?
2
We hope that the Council would consider providing verbatim minutes for important development projects or
long-term capitol projects or other projects of high interest. The cost of providing such verbatim minutes could
even be included as a part of the project costs for these development projects or long-term capitol projects like
Civic Center Project.
Sincerely,
BetterCupertino
3