CC 10-20-2015r-1 • CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 20, 2015
SPECIAL CITY COUNCIL MEETING
At 5:30 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, Vice Mayor Barry Chang and Council members Savita
Vaidhyanathan, Darcy Paul (5:40 p.m.) and Gilbert Wong. Absent: None.
At 5:30 p.m. Council went into closed session and reconvened in open session at 6:45 p.m. in
the Cupertino Community Hall Council Chamber, 10350 Torre A venue.
CLOSED SESSION
Mayor Sinks announced that Council held a closed session on October 19 on two items:
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) -City
Manager. Council obtained a briefing, discussed and gave direction. No action was taken.
Subject: Public Employment (54957). Title: City Attorney. Council obtained a briefing by
the recruiter and gave direction. No action was taken.
1. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8).
Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden;
Negotiating Parties: City of Cupertino and San Jose Water Company; Under
Negotiation: Terms for City Leased Asset
Mayor Sinks announced that Council obtained a briefing and gave direction. No action
was taken.
City Council Minutes October 20, 2015
2. Subject: 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
Mayor Sinks announced that Council obtained a briefing and gave direction. No action
was taken.
3. Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation
pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case.
Mayor Sinks announced that Council obtained a briefing and gave direction. No action
was taken.
ADJOURNMENT
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 A venue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita
Vaidhyanathan, Darcy Paul and Gilbert Wong. Absent: None.
Vaidhyanathan moved and Wong seconded to reorder the agenda to take up item number 3
under Ceremonial Matters and Presentations next. The motion carried unanimously.
CEREMONIAL MATTERS AND PRESENTATION
3. Subject: Annual update from the Library Commission
Recommended Action: Receive update
Written communications for this item include a PowerPoint presentation.
Annie Ho, Chair of the Library Commission gave an annual update via a PowerPoint
presentation. Council received the update.
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City Council Minutes October 20, 2015
The meeting continued with the Study Session item.
STUDY SESSION
1. Subject: Study Session on potential Ballot Measures regarding Civic Center Master Plan
and Vallco Shopping District Special Area
Recommended Action: Conduct a Study Session on potential Ballot Measures
regarding Civic Center Master Plan and Vallco Shopping District Special Area and give
direction to staff
Written communication for this item included emails to Council and a comparative
chart of estimated costs for 2016 elections from the Registrar of Voters office.
City Clerk Grace Schmidt reviewed the staff report.
The following individuals spoke on this item:
Richard Abdalah -on behalf of the Cupertino Chamber of Commerce
Jennifer Griffin
Steve Kelly
Martin Won
Liang Chao
Bob McKibbin
Stacy Wilson
Staff answered questions from Council.
Council gave the following direction to staff:
• Staff to provide an update to Council on development impact fees
• Council to obtain additional information on Civic Center financing at the
November meeting to inform the decision making process
• Staff to provide an updated to Council on the status of any Valko application, as
well as its Environmental Impact Report, before August to inform the decision
making process
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City Council Minutes October 20, 2015
CEREMONIAL MATTERS AND PRESENTATION
2. Subject: a. Resolution acknowledging City Attorney Carol Korade for her contributions
to the City of Cupertino; and b. Proclamation recognizing Carol Korade on her
retirement and thanking her for her outstanding work as City Attorney for the City of
Cupertino
Recommended Action: a. Adopt Resolution No. 15-088 acknowledging City Attorney
Carol Korade for her contributions to the City of Cupertino; and b. Present
proclamation
Written communications for this item included an email to Council.
Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-088
acknowledging City Attorney Carol Korade for her contributions to the City of
Cupertino. The motion carried unanimously.
Mayor Sinks presented a proclamation and City Manager David Brandt presented a
plaque to Ms. Korade.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Larry Dean speaking on behalf of Walk-Bike Cupertino talked about safety concerns for
bicycles and pedestrians at main street intersections around the City.
Joan Chin talked about the Environmental Impact Review (EIR) of the Valko project.
Jon Willey talked about zoning regulations and showed Sandhill drawings for underground
parking at the Valko project area. He distributed written material.
Gary Latshaw speaking on behalf of the Sierra Club talked about net metering for residents
who have solar panels and writing a letter to the California Public Utilities Commission
(CPUC).
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City Council Minutes October 20, 2015
CONSENT CALENDAR
Vaidhyanathan moved and Wong seconded to approve the items on the Consent Calendar as
presented with the exception of item number 9 which was pulled for discussion. Ayes: Sinks,
Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
4. Subject: Approve the September 15 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the October 6 City Council minutes
Recommended Action: Approve the minutes
6. Subject: Accept Accounts Payable for the period ending September 4, 2015
Recommended Action: Adopt Resolution No. 15-089 accepting Accounts Payable for
the period ending September 4, 2015
7. Subject: Accept Accounts Payable for the period ending September 11, 2015
·Recommended Action: Adopt Resolution No. 15-090 accepting Accounts Payable for
the period ending September 11, 2015
8. Subject: Accept Accounts Payable for the period ending September 18, 2015
Recommended Action: Adopt Resolution No. 15-091 accepting Accounts Payable for
the period ending September 18, 2015
9. Subject: Approve the Employment Contract for the City Attorney, amend the Housing
Assistance Program for Department Heads, and amend the Appointed Employees'
Compensation Program.
Recommended Action: Authorize the Mayor to execute an Employment Contract with
the new City Attorney for the City of Cupertino; and adopt Resolution No. 15-092 to
amend the Housing Assistance Program for Department Heads; and adopt Resolution
No. 15-093 to amend the Appointed Employees' Compensation Program
Written communications for this item included a proposed City Attorney contract.
Vaidhyanathan moved and Wong seconded to authorize the Mayor to execute an
employment contract with the new City Attorney for the City of Cupertino. The motion
carried unanimously.
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City Council Minutes October 20, 2015
Wong moved and Paul seconded to adopt Resolution No. 15-092 to amend the Housing
Assistance Program for Department Heads and Resolution No. 15-093 to amend the
Appointed Employees' Compensation Program. The motion carried unanimously.
10. Subject: Accept Annual Report
Recommended Action: Accept the Draft Annual Report
11. Subject: Reaffirm Shirley Chu as the Financial Representative on the Housing
Commission
Recommended Action: Reaffirm Shirley Chu as the Financial Representative on the
Housing Commission
12. Subject: Application for Alcoholic Beverage License for Cupertino Liquors, 7335
Bollinger Road, Suite F
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for Cupertino Liquors, 7335
Bollinger Road, Suite F
13. Subject: Application for Alcoholic Beverage License for Red Hot Wok, 10074 East
Estates Drive
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for Red Hot Wok, 10074 East
Estates Drive
14. Subject: Phase 1 of the Storm Drain Master Plan Update
Recommended Action: 1. Authorize the City Manager to award a contract for
surveying and information gathering of the City's storm drain system to Sandis Civil
Engineers, Inc., in the amount of $285,000; and 2. Authorize a contingency budget of
$45,000, approximately fifteen (15%) of the surveying contract value, to address
unforeseen conditions during the project.
15. Subject: Wilson Park Improvements 2015, Project No. 2015-08
Recommended Action: 1. Accept this report on bids; 2. Reject all bids received for the
Wilson Park Improvements 2015, Project No. 2015-08; and 3. Remove the three CIP
projects, listed below, that comprise the Wilson Park Improvements 2015 Project No.
2015-08, from the FY 2016 Capital Improvement Program, and liquidate the project
budget balances to return the funds to Fund 429 Capital Reserve -1) Wilson Park-Ball
Safety Netting Screens (Budget Unit 580-90-907), 2) Wilson Park-Bleacher Shade
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City Council Minutes October 20, 2015
Canopies (Budget Unit 580-90-908) and 3) Wilson Park-Building and Landscape
Improvements (Budget Unit 580-90-945)
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
16. Subject: Citywide amendments to Community Vision 2040 (General Plan). The General
Plan amendments address proposed policy, text and figure edits including, but not
limited to updates, corrections, clarifications, and re-organization. These changes are
located throughout the General Plan including, but not limited to, land use,
transportation, environmental and waste management, community services,
infrastructure, parks, and open space and community benefits, goals, policies,
strategies, figures and appendices. In making changes to the General Plan, the City's
policies in the prior General Plan (2000 -2020) will be used as a point of comparison.
(GPA-2015-01, City-wide) Actions related to 10950 N. Blaney Avenue (Mirapath
property): Change of General Plan Designation from Industrial/Residential to
Industrial/Commercial/Residential and associated Municipal Code Amendment to
rezone the property at 10950 N. Blaney Avenue from Light Industrial with special
development conditions (ML-fa) to Planned Development with Light Industrial and
General Commercial uses (P(ML,CG)). (Z-2015-01, 10950 N. Blaney Avenue, APN: 316
03 041) Council will further take action under CEQA for all matters under
consideration.
Recommended Action: Staff recommends that the City Council conduct a public
hearing and take the following actions: 1. Adopt the Addendum to the certified
General Plan Amendment, Housing Element Update and Associated Rezoning
Environmental Impact Report (EIR), EA-2013-03; 2. Adopt Resolution No. 15-087, "A
resolution of the City Council of the City of Cupertino approving a General Plan
Amendment to Community Vision 2040 (General Plan) Policy, Text And Figures
pertaining to citywide issues, and a change to the General Plan land use map to change
the land use designation of one property located at· 10950 N. Blaney Ave from
Industrial/Residential to Industrial/Commercial/Residential," GP A-2015-01, adopting
amendments to Community Vision 2040 (General Plan), in substantially similar form to
the attached Resolution, to make: a. Changes and corrections to the General Plan
(including Appendices) goals, policies and strategies, b. Changes and corrections to the
General Plan figures in Chapter 2, Planning Areas, Chapter 3, Land Use and
Community Design, Chapter 5, Mobility and Chapter 8, Infrastructure and inclusion of
Neighborhood and Special Area maps in Chapter 2, Planning Areas and the Noise
Contours map in Appendix D, Community Noise Control Fundamentals c. A change to
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City Council Minutes October 20, 2015
the General Plan Land Use Map to change the land use designation of property located
at 10950 N. Blaney Ave from Industrial/Residential .to
Industrial/Commercial/Residential; 3. Conduct the first reading of Ordinance 15-2135,
"An Ordinance of the City Council of the City of Cupertino rezoning a 0.98 acre parcel
from Light Industrial with Special Development Conditions (ML-fa) to Planned
Development Zoning District with Light Industrial And Commercial Uses P(ML, CG),"
Z-2015-01
Written communications for this item included emails to Council and a staff
PowerPoint presentation.
Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation.
Staff answered questions from Council.
Mayor Sinks opened the public hearing and the following individuals spoke on this
item.
Tiffany Chen and Tse-Yu Yeh speaking on behalf of Mirapath Inc. and Sprout Zone
(supported item)
Frank Geefay (traffic issues)
Peggy Griffin (supported item) -distributed written material
Cathy Thaler (supported item)
Mark Tersini, Principal of KT Urban at Oaks Shopping Center (supported item)
Jennifer Griffin (supported item)
Staff answered questions from Council.
Initial motion: Wong moved and Vaidhyanathan seconded to 1. Adopt the Addendum
to the certified General Plan Amendment, Housing Element Update and Associated
Rezoning Environmental Impact Report (EIR), EA-2013-03; 2. Adopt Resolution No. 15-
087 in its entirety; add Library Commission language in Policy RPC-6.2; direct staff to
help applicants that committed finances toward the General Plan Amendment project
initiated in 2012. Chang offered a friendly amendment to support only the change to
the General Plan regarding rezoning property at 10950 N. Blaney A venue and the
additional Library Commission language.
Wong withdrew all motions in order to vote on items separately.
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City Council Minutes October 20, 2015
Final motions: Wong moved and Vaidhyanathan seconded to 1. Adopt the Addendum
to the certified General Plan Amendment, Housing Element Update and Associated
Rezoning Environmental Impact Report (EIR), EA-2013-03; and 2. (a/b) Adopt
Resolution No. 15-087, GP A-2015-01, adopting Amendments to Community Vision
2040 (General Plan), in substantially similar form to the attached resolution, to make: a.
Changes and corrections to the General Plan (including Appendices) goals, policies and
strategies, b. Changes and corrections to the General Plan figures in Chapter 2,
Planning Areas, Chapter 3, Land Use and Community Design, Chapter 5, Mobility and
Chapter 8, Infrastructure and inclusion of Neighborhood and Special Area maps in
Chapter 2, Planning Areas and the Noise Contours map in Appendix D, Community
Noise Control Fundamentals. The motion carried with Chang voting no.
Wong moved and Vaidhyanathan seconded to 2. (c) Adopt Resolution No. 15-087
regarding a change to the General Plan Land Use Map to change the land use
designation of property located at 10950 N. Blaney Ave from Industrial/Residential to
Industrial/Commercial/Residential; add Library Commission language: "Maintain and
strengthen collaborative agreements and relationships with the Santa Clara County
Library District to ensure progressive excellence in the facilities, programs, materials
and learning services provided to the diverse and growing Cupertino population"; and
direct staff to help applicants that committed finances toward the general plan
amendment project initiated in 2012. The motion carried unanimously.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2135 by title
only and that the City Clerk's reading would constitute the first reading thereof. Ayes:
Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent:
None.
ORDINANCES AND ACTION ITEMS
17. Subject: An Ordinance amending Section 2.12.040 of the Cupertino Municipal Code to
clarify th~ number of votes required to pass ordinances, resolutions, and certain orders
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to ensure that the Municipal Code is consistent with State Law
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City Council Minutes October 20, 2015
Recommended Action: Conduct the first reading of Ordinance No. 15-2136: An
Ordinance of the City Council of the City of Cupertino amending Section 2.12.040 of
the Cupertino Municipal Code regarding the number of votes required for Ordinances,
Resolutions, and Certain Orders
City Attorney Carol Korade reviewed the staff report.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Chang seconded to read Ordinance No. 15-2136 by title only and
that the City Clerk's reading would constitute the first reading thereof. Ayes: Sinks,
Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
18. Subject: Consider continuing the policy of providing action minutes for City Council
meetings
Recommended Action: Consider continuing the policy of providing action minutes for
City Council meetings
Written communications for this item included emails to City Council.
City Clerk Grace Schmidt reviewed the staff report.
The following individuals spoke on this item.
Liang Chao (supported summary or verbatim)
Xiawen Wang (supported written text file)
Peggy Griffin (supported unofficial written transcript)
Staff answered questions from Council.
Paul moved and Chang seconded direct staff to do an RFP for closed caption service or
other software for meeting transcription and outside transcription service for minutes.
The motion carried unanimously.
19. Subject: Designate voting delegate and alternates for National League of Cities Annual
Business Meeting November 7 in Nash ville, TN
Recommended Action: Designate voting delegate and up to two alternatives
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City Council Minutes October 20, 2015
Paul moved and Chang seconded to designate Wong as voting delegate. The motion
carried unanimously.
REPORTS BY COUNCIL AND STAFF
20. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that Assistant City Attorney Colleen Winchester
will be the Acting City Attorney until the new City Attorney can start. He also noted
that Comcast is upgrading service in the City and residents may receive letters.
Council concurred to have Vice Mayor Chang and Councilmember Paul draft a letter
to the California Public Utilities Commission (CPUC) regarding net metering for solar
panels and to add this as an item on the next Council agenda.
,
Council concurred to have Chang bring the delegate gift he received from Hsinchu
Sister City for presentation at the next Council meeting.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 10:40 p.m., Mayor Sinks adjourned the meeting to Tuesday, November 3 at 6:45 p.m.
in honor of former Council member Nick Szabo who recently passed away.
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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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