CC 09-15-2015CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday,Septe1Ilberl5,2015
SPECIAL CITY COUNCIL MEETING
At 5:30 p.lil. Mayor Rod Sinks called the Special City Council lileeting to order in Cupertino
City Hall Conference Roolil A, 10300 Torre A venue.
Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council lilelilbers Darcy Paul and
Savita Vaidhyanathan. Absent: Gilbert Wong.
At 5:30 p.lil. Council went into closed session and reconvened in open session at 6:45 p.lil. in
the Cupertino Colillilunity Hall Council Chalilber, 10350 Torre A venue.
CLOSED SESSION
1. Subject: Conference with legal counsel-Existing litigation (Paragraph (1) of subdivision
(d) of Gov't Code 54956.9; City of Saratoga; City of Cupertino; Town of Los Gatos v.
California Department of Transportation, et al., Case No. 115CV281214
Mayor Sinks announced that Council discussed existing litigation, obtained a briefing
on status, and gave direction.
Mayor Sinks announced that Council held a closed session on Septelilber 8 regarding 1)
Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case and that
Council obtained a briefing frolil legal staff and gave direction; and 2) Public Elilploylilent
(54957). Title: City attorney and that Council obtained a briefing frolil the City Attorney and
gave direction, and no action was taken.
Mayor Sinks announced that Council held a closed session on Septelilber 11 regarding Public
Elilploylilent (54957). Title: City Attorney and that Council continued the recruitlilent process
and gave direction.
City Council Minutes September 15, 2015
ADJOURNMENT
At 6:30 p.m. Mayor Sinks adjourned the Special City Council meeting to the Regular City
Council meeting beginning at 6:45 p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 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 and
Savita Vaidhyanathan. Absent: Gilbert Wong.
CEREMONIAL MATTERS AND PRESENTATION -None
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Peter Leroe-Mu:fioz, Gilroy City Council member, talked about the upcoming Annual Turkey
Trot race sponsored by Silicon Valley Leadership Group and Applied Materials held in San
Jose on Thanksgiving Day.
Boy Scouts from Troop 494 Aditya Kurkut and Soumil Gupta talked about problems spots
near the Sunnyview Retirement Community in which cars are not able to see the pedestrian
crosswalk at night and the intersection of Beardon Dr. and Garden Gate Dr. where parked
cars block visibility of oncoming cars.
Boy Scouts from Troop 494 Saurav Sharma and Sachin Sharma talked about m1ssmg
sidewalks on Columbus Ave., Bubb Rd., and Vai Ave. that are needed for bike and pedestrian
safety.
Boy Scouts from Troop 494 Om Mehta and Cuna Vengelaseti talked about water waste
during the drought.
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Boy Scout from. Troop 494 Vikram. Siddarn. talked about road safety in the comm.unity and
especially hazards on Peninsula Ave. near Grand Ave.
Peggy Griffin talked about the Vallco and Civic Center projects and their long-term. impacts
on residents in Cupertino.
Kishore Karnad on behalf of the Jollyrn.an Seniors talked about a petition that was submitted
regarding adding amenities to Jollyrn.an Park.
City Manager David Brandt responded that the suggestions on the petition would be
integrated into the Park Master Plan.
Paul and Chang requested to add a future agenda item. to discuss outreach to the voters on
Civic Center and Vallco.
CONSENT CALENDAR
Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item. number 7 which was pulled for discussion. Ayes: Sinks,
Chang, Paul and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
1. Subject: Accept Accounts Payable for the period ending August 14, 2015
Recommended Action: Adopt Resolution No. 15-080 accepting Accounts Payable for
the period ending August 14, 2015
2. Subject: Accept Accounts Payable for the period ending August 21, 2015
Recommended Action: Adopt Resolution No. 15-081 accepting Accounts Payable for
the period ending August 21, 2015
3. Subject: Accept Accounts Payable for the period ending August 28, 2015
Recommended Action: Adopt Resolution No. 15-082 accepting Accounts Payable for
the period ending August 28, 2015
4. Subject: Accept resignation of Fine Arts Corn.missioner Priya Jayachandran and direct
staff to fill the unscheduled vacancy in January; and set application deadline and
interview dates for corn.missions with terms expiring January and terms for new
Sustainability Corn.mission
Recommended Action: a) Accept the resignation of Fine Arts Corn.missioner Priya
Jayachandran and direct staff to fill the unscheduled vacancy in January 2016; and b)
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City Council Minutes September 15, 2015
Set the application deadline of 4:30 p.m. on Friday, January 15, 2016 and interviews
beginning at 5:00 p.m. on Monday and Tuesday, January 25 and 26 for commissions
with terms expiring January 30, 2016 including terms for new Sustainability
Commission
5. Subject: De Anza Boulevard Traffic Signal Synchronization -Acceptance of outside
funding, authorization of funding agreement, and appropriation of funds
Recommended Action: 1) Authorize acceptance of a $55,000 Transportation Fund for
Clean Air (TFCA) grant and authorize the City Manager to execute a funding
agreement with the Santa Clara Valley Transportation Authority (VTA). 2) Amend
approved FY 15/16 Operating Budget by an additional amount of $55,000 for TFCA
project budget
6. Subject: Authorization of an amendment to the FY 2015-16 budget for additional
staffing and related costs in the Community Development Department
Recommended Action: Amend the FY 2015-16 Budget in the amount of $145,000 to add
a new Senior Planner position and fund costs related to equipment and space re-
organization, and Convert a Limited Term Planner position to a permanent position in
the Community Development Department
7. Subject: Adopt a resolution taking a position of support on Community Choice
Aggregation for purposes of legislative advocacy
Recommended Action: Adopt Resolution No. 15-083 Supporting Community Choice
Aggregation
Peggy Griffin talked about looking at the cost of energy for residents and the impact to
existing solar customers.
Chang moved and Vaidhyanathan seconded to adopt Resolution No. 15-083
supporting Community Choice Aggregation. The motion carried with Wong absent.
SECOND READING OF ORDINANCES
8. Subject: Ordinance amending Cupertino Municipal Code Title 16 to add Chapter 28 to
provide an expedited streamlined permitting process for small residential rooftop
systems as mandated by the State of California, and City Manager authorization to
adopt an electronic signature policy
Recommended Action: 1. Conduct the second reading and enact Ordinance No. 15-
2133: "An Ordinance of the City Council of the City of Cupertino amending
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Cupertino Municipal Code Title 16 to add Chapter 28 to provide an expedited
streainlined perinitting process for sinall residential rooftop systeins"
City Manager David Brandt reviewed the staff report.
City Clerk Grace Schinidt read the title of the ordinance.
Chang Inoved and Vaidhyanathan seconded to read Ordinance No. 15-2133 by title
only and that the City Clerk's reading would constitute the second reading thereof.
Ayes: Sinks, Chang, Paul and Vaidhyanathan. Noes: None. Abstain: None. Absent:
Wong.
Chang Inoved and Vaidhyanathan seconded to enact Ordinance No. 15-2133. Ayes:
Sinks, Chang, Paul and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
PUBLIC HEARINGS-None
Mayor Sinks recused hiinself on itein nuinber 9 due to a conflict of interest and left the dais.
Vice Mayor Chang took over as Chair.
ORDINANCES AND ACTION ITEMS
9. Subject: Perinanent Prograin for Early Morning Collection of Solid Waste Containers on
Select Streets in the Tri-School Area
Recoininended Action: Allow the solid waste franchisee (Recology) to begin perinanent
collection of solid waste containers as early as 6:00 A.M. on select Tri-School area
streets
Written coininunications for this itein included einails to Council, resident coininents,
and a staff PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
Staff answered questions froin Council.
John Zirelli General Manager for Recology answered questions froin Council.
The following individuals spoke on this itein:
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Boy Scouts Esmond Tsai and Amaya Jumde
John Stubblebine
Willie Lu
Rosemary Serio
Revathy Narasimhan on behalf of Walk-Bike Cupertino
YonghuiMou
Luca Scotaniovsky
Rhoda Fry
Andrew Nguyen
September 15, 2015
Their comments included: move to an earlier collection time; move to a Saturday
collection; too much noise at an earlier collection time; add sidewalks to certain streets;
move back to a Wednesday at 9:00 a.m. collection time; move to a weekend collection;
move to a nighttime collection; move to a Wednesday late start collection time; add
another worker who can move the can off the curb immediately after collection.
Vaidhyanathan moved and Paul seconded to allow the solid waste franchisee
(Recology) to begin permanent collection of solid waste containers as early as 6:00 A.M.
on select Tri-School area streets. Paul added a friendly amendment to investigate the
possibility of weekend collection. Vaidhyanathan accepted the friendly amendment
subject to revisiting the project in January ..
Council also directed staff to increase neighborhood outreach and look into problems
and suggestions the speakers mentioned such as issues around Bubb Rd. The motion
carried with Sinks recusing and Wong absent.
Mayor Sinks returned to the dais.
10. Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal Code to
remove Pruneridge Avenue as a truck route and amending Sections 11.32.055,
11.32.070, and 11.32.080 to clarify exceptions to truck access within the City and
adjacent to public schools
Recommended Action: Conduct the first reading of Ordinance No. 15-2134: "An
Ordinance of the City Council of the City of Cupertino amending Section 11.32.020 of
Chapter 11.32 of Title 11 of the Cupertino Municipal Code to remove Pruneridgc
Avenue as a truck route and amending Sections 11.32.055, 11.32.070, and 11.32.080 to
clarify exceptions for truck access within the City and within school zones," to remove
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outdated language and to clarify when certain trucks are exempt from the restrictions
and limitations on truck travel within the City and around school zones
Director of Public Works Timm Borden reviewed the staff report.
City Clerk Grace Schmidt read the title of the ordinance.
Vaidhyanathan moved and Chang seconded to read Ordinance No. 15-2134 by title
only and that the City Clerk's reading would constitute the first reading thereof. Ayes:
Sinks, Chang, Paul and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong.
11. Subject: Brown Act letter submitted by Better Cupertino
Recommended Action: Recommend that the City Council consider the allegations and
the discussion in this staff report and direct that the letter attached hereto as
Attachment D be transmitted to Better Cupertino in response to its "cease and desist"
demand letter of August 26, 2015
City Attorney Carol Korade reviewed the staff report.
Peggy Griffin talked about having summary minutes and/or a transcript of each City
Council meeting provided in addition to action minutes and to publish City Council
agenda packets 10 days before the meeting.
Xiaowen Wang talked about releasing reports dealing with complicated agenda items
10 days before the meeting.
Liang-Fang Chao talked about providing transcripts for all City Council meetings.
Paul moved and Chang seconded to consider the allegations and the discussion in this
staff report and direct that the letter attached Attachment D in the packet be
transmitted to Better Cupertino in response to its "cease and desist" demand letter of
August 26, 2015. The motion carried with Wong absent.
Chang and Paul requested to add a future agenda item to discuss action minutes
versus summary minutes.
REPORTS BY COUNCIL AND STAFF
12. Subject: Present Construction Project Update Report
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Recommended Action: Receive Construction Update Report
Written communications for this item included a staff PowerPoint presentation.
Director of Public Works Timm Borden reviewed the staff report via a PowerPoint
presentation.
Council received the Construction Update Report.
13. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt announced that the State legislature adopted the Budget
Trailer Bill, including Tax Equity Allocation (TEA) corrections to increase revenues for
the Cities of Cupertino, Los Altos Hills, Saratoga, and Monte Sereno; and the Marina
Foods and Valko project applications were both uploaded to the City website and are
available for public viewing.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 9:23 p.m., Mayor Sinks adjourned the meeting to October 6.
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk's Office, 777-3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes,
and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may
be purchased from the Cupertino City Channel, 777-2364.
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