CC 10-06-2015CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 6, 2015
SPECIAL CITY COUNCIL MEETING
At 5:05 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino
City Hall Conference Room A, 10300 Torre Avenue.
ROLL CALL
Present: Mayor Rod Sinks and Council members Savita Vaidhyanathan, Darcy Paul (5:10
p.m.) and Gilbert Wong. Absent: Vice Mayor Barry Chang.
ORAL COMMUNICATIONS -None
ORDINANCES AND ACTION ITEMS
1. Subject: Designation of City representatives for purposes of labor negotiations
including salaries, salary schedules, or other compensation for represented and
unrepresented employees, and, for represented employees, any other matter within the
statutorily provided scope of representation
Recommended Action: Designate City representatives for purposes of labor
negotiations including salaries, salary schedules, or other compensation for
represented and unrepresented employees, and, for represented employees, any other
matter within the statutorily provided scope of representation
Wong moved and Vaidhyanathan seconded to designate Director of Administrative
Services, City Manager, and Dania Torres as representatives for purposes of labor
negotiations including salaries, salary schedules, or other compensation for
represented and unrepresented employees, and, for represented employees, any other
matter within the statutorily provided scope of representation. The motion carried with
Chang and Paul absent.
At 5:10 p.m. Council went into closed session and reconvened in open session at 6:50 p.m. in
the Cupertino Community Hall Council Chamber, 10350 Torre A venue.
City Council Minutes October 6, 2015
CLOSED SESSION
2. Subject: Conference with Labor Negotiator (Government Code Section 54957.6); City
designated representatives: Director of Administrative Services, City Manager, and
Dania Torres; Employee organizations: Operating Engineers Local No. 3 Union;
Cupertino Employees' Association
Mayor Sinks announced that Council obtained a briefing from staff and consultants
and no action was taken.
3. Subject: Conference with Labor Negotiator (Government Code Section 54957.6); City
designated representatives: City Manager, and Dania Torres; Employee organizations:
Unrepresented (Management and Confidential) Employees' Compensation Program
Mayor Sinks announced that Council obtained a briefing from staff and consultants
and no action was taken.
4. Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government
Code Section 54956.9. One case
Mayor Sinks announced that Council obtained a briefing from the City Attorney and
gave direction.
ADJOURNMENT
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 A venue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks and Council members Darcy Paul, Savita Vaidhyanathan, and
Gilbert Wong. Absent: Vice Mayor Barry Chang.
CEREMONIAL MATTERS AND PRESENTATION -None
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POSTPONEMENTS -None
ORAL COMMUNICATIONS
Gary Latshaw on behalf of the Sierra Club and Citizens Climate Lobby talked about climate
change.
Cathy Helgerson talked about an article regarding Lehigh and the EPA. She distributed the
article.
Karen Del Compare talked about Lehigh and putting pressure on the EPA to give public
information about toxic pollution.
Jon Willy talked about how Council members voted on GPA related Council agenda items
over the last three years. He distributed written comments.
Steve Scharf talked about the recent Tournament of Bands in Cupertino and the postcard
Sandhill sent out regarding the new Hills at Vallco project.
Tim Brand on behalf of Bay Area for Clean Environment talked about Lehigh and the release
of toxic chemicals.
Lisa Warren talked about watering the City trees including those at the Civic Center. She also
talked about Lehigh and the Sandhill postcard asking for support for the Hills at Vallco
project.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented with the exception of item number 4 which was pulled for discussion. Ayes: Sinks,
Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: Chang.
1. Subject: Approve the September 1 City Council minutes
Recommended Action: Approve the minutes
2. Subject: Approve the September 8 City Council minutes
Recommended Action: Approve the minutes
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3. Subject: Cancel the December 15 and January 5, 2016 City Council meetings
Recommended Action: Cancel the December 15 and January 5, 2016 City Council
meetings
4. Subject: Approval of an agreement with M-Group for planning consultant services
related to the Vallco Shopping District Planning Area and appropriation of funds for
such purpose
Recommended Action: Staff recommends that the City Council approve the following:
1. Authorize the City Manager to negotiate and execute a consultant agreement with
the M-Group to provide planning consultation services to the City for the Vallco
Shopping District Planning Area, consistent with scope of work and cost estimate, for
an amount not to exceed $307,290 (Attachment A)
2. Authorize the City Manager to negotiate and execute amendments to Item 1 above to
the extent that funds are appropriated for the amendments and the total expenditures
are cost-recovered from the applicant
3. Approve an increase to the Fiscal Year 2015-16 Planning and Community
Development-Mid to Long Term Planning program budget of $238,019
Written communication for this item included emails to Council.
Liang Chao on behalf of Better Cupertino talked about a selection process for hiring the
consultant and making sure City staff is copied on all communication with the
consultant.
Staff answered questions from Council.
Wong moved and Vaidhyanathan seconded to 1. Authorize the City Manager to
negotiate and execute a consultant agreement with the M-Group to provide planning
consultation services to the City for the Vallco Shopping District Planning Area,
consistent with scope of work and cost estimate, for an amount not to exceed $307,290
(Attachment A)
2. Authorize the City Manager to negotiate and execute amendments to Item 1 above to
the extent that funds are appropriated for the amendments and the total expenditures
are cost-recovered from the applicant
3. Approve an increase to the Fiscal Year 2015-16 Planning and Community
Development-Mid to Long Term Planning program budget of $238,019. The motion
carried with Chang absent.
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5. Subject: Agreement between the City of Cupertino, City of San Jose and City of
Saratoga for Asphalt Repair Work on De Anza Boulevard
Recommended Action: Staff recommends Council take the following actions:
1. Autho~ize the City Manager to execute the agreement between the City of Cupertino,
City of San Jose and City of Saratoga on behalf of the City of Cupertino in substantially
similar format to the attached draft agreement; and
2. Amend approved FY 15/16 Operating Budget (Street Maintenance 270-85-821) by an
additional amount of $156,079 for additional asphalt repair services
6. Subject: Final Map for Foothill Live/Work Project
Recommended Action: Adopt Resolution No. 15-084 approving the Final Map (Tract
No. 10291) for Foothill Live/Work Project
SECOND READING OF ORDINANCES
7. Subject: An Ordinance amending Section 11.32.020 of the Cupertino Municipal Code to
remove Pruneridge A venue 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 second 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 Pruneridge
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
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
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2134 by title
only and that the City Clerk's reading would constitute the second reading thereof.
Ayes: Sinks, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent:
Chang.
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 15-2134. Ayes:
Sinks, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: Chang.
Council member Vaidhyanathan recused herself from item number 8 due to a conflict of
interest and left the dais.
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PUBLIC HEARINGS
8. Subject: Consideration of Lease with Verizon Wireless for a cell tower to be located on
the Civic Center Property (10300 Torre Avenue) and conduct a public hearing on an
appeal of the Planning Commission's decision to provide Verizon with a development
permit, site approval, and height exception for the Civic Center cell tower and any
actions necessary for CEQA.
A. Proposed Lease with Verizon Wireless for a cell tower to be located on the Civic
Center Property (Torre Avenue), subject to the terms of any City-issued permits; and
B. Appeal of the Planning Commission's approval of an Architectural and Site
application for a personal wireless service facility consisting of 6 panel antennas
mounted on a tree pole designed for collocation and an enclosed base equipment
station and emergency power generator; a Development Permit to allow a personal
wireless service facility consisting of 6 panel antennas mounted on an 80-foot tall tree
pole designed for collocation and an enclosed base equipment station and emergency
power generator; and a Height Exception to allow 6 panel antennas to be mounted at a
height of 66 feet on an 80-foot tall tree pole, where 55 feet is allowed for a wireless
communications facility at Cupertino City Hall (Applicant(s): Jenny Blocker (Verizon);
Appellant: Lei Wang; Location: 10300 Torre Ave.; APN #369-31-033)
Recommended Action: A. Adopt Resolution No. 15-085 to:
1. Authorize the City Manager to execute an Antenna Ground Lease between the City
of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower
to be located on the Civic Center Property, in substantially the form as presented to
Council, and subject to the terms of any City-issued permits; and
2. Authorize the City Manager to negotiate and execute up to two five year (5-year)
options consistent with the terms of the Lease; and B. 1. Conduct hearing and adopt
Resolution No. 15-086 denying the appeal and upholding the Planning Commission's
decision per Resolutions #6786, #6787 and #6788; If appeal is denied, Authorize the City
Manager to (negotiate and) execute a lease agreement with Verizon for cellular wireless
service at the Civic Center
Written communications for this item included emails to Council and staff PowerPoint
presentations.
Public Affairs Director Rick Kitson reviewed the staff report for item A via a
PowerPoint presentation.
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Senior Planner Colin Jung reviewed the staff report for item B via a PowerPoint
presentation.
Staff answered questions from Council.
Appellant Lei Wang on behalf of a group of residents presented a petition of signatures
against the Civic Center cell tower and presented her appeal.
Applicants Jenny Blocker representing Verizon, Paul Albritton, attorney for Verizon
legal, and Brian Ung RF (Radio Frequency) Design Engineer for Verizon talked about
the cell tower project. They distributed a packet of information and also answered
questions from Council.
Mayor Sinks opened the public hearing. The following individuals spoke on this item.
Andy Radle -support
Judy Halchin-support
Jason Scott -opposed
Hailing Li -opposed
Pane Stojanouski -opposed
Al Hoffman -opposed
William Tseng -opposed
Lisa Warren -opposed
Michael Soland -opposed
Ken Ericksen on behalf of Cupertino Emergency Services -support
Daron Pisciotta on behalf of Santa Clara County Fire Department -support
John Bayer -opposed
Saravanakumar Tiruthani -opposed
Ying Chai -opposed
Captain Rick Sung on behalf of the Santa Clara County Sheriff's Office -support
Mayor Sinks closed the public hearing.
Staff and Verizon applicants answered questions from Council and Council
deliberated.
Wong moved and Sinks seconded to adopt Resolution No. 15-086 denying the appeal
and upholding the Planning Commission's decision per Resolutions #6786, #6787 and
#6788. The motion failed with Sinks and Wong voting yes, Paul voting no, Chang
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absent and Vaidhyanathan recusing. The motion required a majority of Council vote
and as a result of the motion failing, the Planning Commission decision was upheld.
Wong moved and Sinks seconded and the motion carried with Chang absent and
Vaidhyanathan recusing to continue negotiation and execution of a lease agreement
with Verizon for cellular wireless service at the Civic Center with the following
direction to staff and the applicant:
• Allow the applicant to run tests at a pole height of 55 feet and up to 65 feet in
order to determine the minimum height requirement for the antenna array
• Contact AT&T to see if they continue to be interested and get their input on the
two potential solutions: (1) locate the antenna array above that of Verizon on the
proposed tree pole; or (2) build another tree pole in the same area at the
minimum height required
• Bring back the following options for review: (1) construct the pole for Verizon at
the minimum height required with the option to extend the height for another
provider; or (2) build another tree pole for the second provider at the minimum
height required
Council member Vaidhyanathan returned to the dais.
ORDINANCES AND ACTION ITEMS
9. Subject: PG&E Community Pipeline Safety Initiative and removal of hazardous trees
throughout the City and within themed areas of the Heart of the City Specific Plan
Recommended Action: Receive staff and PG&E presentation
Written communications for this item included staff and PG&E PowerPoint
presentations and a map on proposed PG&E gas safety work.
Director of Public Works Timm Borden introduced the item.
Anthony Linn, Government Relations Representative for PG&E introduced Darin
Cline; lead on the Community Pipeline Safety Initiative. He explained the Initiative via
a PowerPoint presentation.
Assistant Director of Public Works Roger Lee showed PowerPoint slides and answered
questions from Council.
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Jennifer Griffin talked about not removing trees on Stevens Creek Boulevard from
Wolfe to Homestead.
Council received the presentation.
10. Subject: Preparation for 2015/16 Wet Weather Season
Recommended Action: 1. Receive staff presentation; and 2. Amend approved FY 15/16
Operating Budget (Storm Drain Maintenance 100-85-818) by an additional amount of
$150,000 for increased 2015/16 wet weather season preparation
Written communications for this item included a staff PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
Wong moved and Paul seconded to amend approved FY 15/16 Operating Budget
(Storm Drain Maintenance 100-85-818) by an additional amount of $150,000 for
increased 2015/16 wet weather season preparation. The motion carried with Chang
absent.
11. Subject: Cancellation of Regular Council meeting on Monday, November 2, call for
Special Council meeting for Tuesday, November 3, and direction to staff to amend the
Cupertino Municipal Code regarding Council meetings that fall on Election Tuesdays
Recommended Action: a. Consider cancelling the Regular Council meeting of Monday,
November 2 and call a Special Council meeting for Tuesday, November 3; and b. Direct
staff to amend Cupertino Municipal Code Section 2.04.010 regarding regular Council
meetings that fall on Election Tuesdays
Written communication for this item included an amended staff report correcting a
typo.·
City Clerk Grace Schmidt reviewed the staff report.
Wong moved and Savita seconded to cancel the Regular Council meeting of Monday,
November 2 and call a Special Council meeting for Tuesday, November 3 and not to
amend Cupertino Municipal Code Section 2.04.010 regarding regular Council meetings
that fall on Election Tuesdays.
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Mayor Sinks added a friendly amendment to direct staff to amend the Cupertino
Municipal Code Section 2.04.010 regarding regular Council meetings that fall on
Election Tuesdays and to agendize moving the meeting if Cupertino has a special
election in odd years.
Council member Wong amended his original motion to cancel the Regular Council
meeting of Monday, November 2 and call a Special Council meeting for Tuesday,
November 3 and direct staff to amend Cupertino Municipal Code Section 2.04.010
regarding regular Council meetings that fall on Election Tuesdays. The motion carried
with Chang absent.
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt asked Council to choose a date for a closed session
regarding evaluation of the City Manager. Council selected Monday, October 19 at 5:00
p.m.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 11:20 p.m., Mayor Sinks adjourned the meeting to Monday, October 19 at 5:00 p.m. for
a closed session regarding Public Employee Performance Evaluation (Gov't Code Section
54957) -City Manager.
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,
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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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