CC 11-17-2015CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 17, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 5:35 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino
City Hall Conference Room A, 10300 Torre A venue.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita
Vaidhyanathan, Darcy Paul (5:55 p.m.) and Gilbert Wong. Absent: None.
At 5:35 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
1. Subject: Conference with Labor Negotiators
representatives: Assistant to the City Manager
employee: City Manager
(54957.6). Agency designated
and Jaime Bodiford. Appointed
Mayor Sinks announced that Council provided direction to staff.
2. 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 provided direction to staff and legal counsel.
3. Subject: Conference with Real Property Negotiators (Government Code 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
City Council Minutes November 17, 2015
Mayor Sinks announced that Council provided direction to staff and legal counsel.
4. Subject: Conference with Legal Counsel -Anticipated Litigation: Initiation of litigation
pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 -One
case
Mayor Sinks announced that Council provided direction to staff and legal counsel.
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 Avenue 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.
STUDY SESSION
1. Subject: Study Session on the Civic Center Master Plan -Financing Alternatives and
Affordability Analysis
Recommended Action: Receive staff presentation and provide direction
Written communications for this item included emails to Council and a staff
PowerPoint presentation.
Director of Public Works Timm Borden, Finance Manager Lisa Taitano, and City
Manager David Brandt reviewed the staff report via a PowerPoint presentation. Also
present was Peter Rossi from Rossi Financial who prepared the financial plans.
Mr. Borden noted one correction to the report in the packet. Support for option 4 -
perch expansion was Library staff and the Cupertino Library Commission.
Staff and Mr. Rossi answered questions from Council.
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City Council Minutes
The following individuals spoke on this item:
Cathy Helgerson
Peggy Griffin
Liang Chao
November 17, 2015
Their comments included: concern over adding additional debt and what would have
to be given up; renovate rather than build new; no need for Emergency Operations
Center and no underground parking; bring bond measure to the voters; be creative
with financing; cost is too high and go out to bid; conflict of interest with Perkins +
Will; money from developers shouldn't be earmarked for City Hall.
Council gave the following direction to staff:
• Explore options for cost of $40 million (financed plus cash)
• Explore option of leasing 40,000 square feet
• Explore possibility of building proposed project for half the cost
Council recessed from 8:51 p.m. to 9:02 p.m.
CEREMONIAL MATTERS AND PRESENTATION
2. Subject: Update from the Housing Commission
Recommended Action: Receive update
Written communications for this item included a PowerPoint presentation.
Vice Chair of the Housing Commission Harvey Barnett gave an update on the
Commission via a PowerPoint presentation.
Cathy Helgerson talked about the waiting list for affordable housing and would like to
see subsidies given to teachers who want to live in Cupertino and to students who can't
afford rental housing.
Council received the update.
3. Subject: Update from the Planning Commission
Recommended Action: Receive the update
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City Council Minutes November 17, 2015
Written communications for this item included a PowerPoint presentation.
Chair of the Planning Commission and Commissioner Geoff Paulsen gave an update
on the Commission via a PowerPoint presentation.
Council received the update.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Mike Rhode on behalf of the Vall co Shopping Mall property owner talked about their leasing
operation and notice given to the tenants as they prepare for changes to the mall.
Lisa Warren talked about a letter of intent with Sand Hill Property Company and the
Cupertino Union School District. She distributed a hard copy of the letter.
Cathy Helgerson talked about the small business owners in Vallco being asked to relocate.
Moe Satter small business owner in Valko talked about being asked to relocate.
A.J. small business owner in Valko talked about being asked to relocate.
Israv Khen General Manager at a small business in Vallco talked about the business being
asked to relocate.
Surinder Kaur small business owner in Vallco talked about being asked to relocate. She
distributed written comments.
Takken Tru talked about the Vallco Mall project.
David Chang small business owner in Vallco Mall talked about being asked to relocate.
Kim Chi Vo small business owner in Vallco Mall talked about being asked to relocate.
Liang-Fang Chao talked about the small business owners in Valko Mall who are being asked
to relocate.
Osman Khan small business owner in Vallco Mall talked about being asked to relocate.
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City Council Minutes November 17, 2015
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 9 and 10 which were pulled for discussion.
Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent:
None.
4. Subject: Approve the November 3 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve Treasurer's Investment Report for the Quarter ending June 30,
Recommended Action: Accept the report
6. Subject: Approve Treasurer's Investment Report for the Quarter ending September 30,
2015
Recommended Action: Accept the report
7. Subject: Approval of the First Quarter adjustments for Fiscal Year 2015-16 as described
in the First Quarter Financial Report
Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2015-16; and 2. Adopt Resolution No. 15-100 approving the First Quarter
budget adjustments
8. Subject: A resolution to allow the use of electronic signatures (E-signatures) on City
documents
Recommended Action: Staff recommends that the City Council adopt Resolution No.
15-101 to allow the use of electronic signatures (E-signatures) on applicable City
documents
9. Subject: Approve the Employment Contract for the City Manager, and amend the
Appointed Employees' Compensation Program
Recommended Action: a.) Adopt Resolution No. 15-102 approving the Third
Amendment to the Employment Contract for the City Manager; and b.) Adopt
Resolution No. 15-103 amending the Appointed Employees' Compensation Program
a.) Adopted Resolution No. 15-102 approving the Third Amendment to the
Employment Contract for the City Manager as amended to make the new
compensation retroactive closest to the City Manager's annual employment date of
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City Council Minutes November 17, 2015
September 9; and b.) Adopted Resolution No. 15-103 amending the Appointed
Employees' Compensation program. The motion carried unanimously.
10. Subject: Amendment to an existing consultant services agreement with David J. Powers
and Associates for environmental review for a Specific Plan and project in the Vallco
Shopping District Planning Area for a total contract in the amount of $919,245, and
authorization for further amendments.
Recommended Action: 1. Authorize an amendment to the existing /1 Agreement
between the City of Cupertino and David J. Powers & Associates, Inc for the CEQA
Environmental Review for the Vallco Specific Plan Redevelopment Project" consultant
services agreement with David J. Powers and Associates, Inc. (DJP&A) for preparation
of an Environmental Impact Report (EIR) for the Council's consideration, for an
additional amount not to exceed $164,940, for a total cost of $919,245. (Attachment A).
2. Authorize the City Manager to negotiate and execute additional future 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 $181,434 ($164,940 plus 10% administrative fee)
Cathy Helgerson talked about the amount of money being spent on consultants and to
pay attention to the EIR comments from residents.
Peggy Griffin talked about the Vallco project and encouraged Council to vote no on
item 2 under the recommended action.
Paul moved and Chang seconded to 1. Authorize an amendment to the existing
11 Agreement between the City of Cupertino and David J. Powers & Associates, Inc. for
the CEQA Environmental Review for the Vallco Specific Plan Redevelopment Project"
consultant services agreement with David J. Powers and Associates, Inc. (DJP&A) for
preparation of an Environmental Impact Report (EIR) for the Council's consideration,
for an additional amount not to exceed $164,940, for a total cost of $919,245.
(Attachment A). 2. Did not authorize the City Manager to negotiate and execute
additional future 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 (any amendments will come back to Council). 3. Approved an increase to
the Fiscal Year 2015-16 Planning and Community Development-Mid to Long Term
Planning program budget .of $181,434 ($164,940 plus 10% administrative fee). The
motion carried with Sinks voting no.
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City Council Minutes November 17, 2015
11. Subject: Amendment to increase City funding for the Memorandum of Understanding
(MOU) (Attachment A) with the Santa Clara Valley Water District (District) for their
Landscape Conversion Rebate Program (Program)
Recommended Action: Staff recommends Council adopt Resolution No. 15-104
amending Approved FY 15/16 Operating Budget (Attachment B) and Authorize the
City Manager to execute an amendment to the MOU with the District in an increased
amount of up to $115,000 to supplement the District's Program for the benefit of
Cupertino residents and businesses
12. Subject: 2016 Pavement Maintenance Project, Project No. 2016-15 authority to award
contract
Recommended Action: Authorize the City Manager to award and execute the 2016
Pavement Maintenance Project contract, including a 10% contingency, if the lowest
responsive bid is within the established budget and there are no unresolved bid
protests
13. Subject: Funding agreement between the City of Cupertino and the Santa Clara Valley
Transportation Authority (VTA) for the I-280/Wolfe Road Interchange Improvements
Project
Recommended Action: Authorize the City Manager to negotiate and execute a Funding
Agreement with the VTA to identify the City of Cupertino and VTA's respective
obligations for the I-280/Wolfe Road Interchange Improvements Project to the extent
that the City of Cupertino's contributions are expected to be reimbursed from project
applicants and funds are appropriated for such purpose
SECOND READING OF ORDINANCES
14. Subject: Second reading of Ordinance and adopt amendments to the City's Zoning Map
to rezone 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, 10950 N. Blaney Avenue, APN: 316 03 041)
Recommended Action: Conduct the second reading and enact Ordinance No. 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)"
City Clerk Grace Schmidt read the title of the ordinance.
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City Council Minutes November 17, 2015
Chang moved and Paul seconded to read Ordinance No. 15-2135 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes: Sinks,
Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
Chang moved and Vaidhyanathan seconded to enact Ordinance No. 15-2135. Ayes:
Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent:
None.
15. Subject: Second reading of ordinance amending Section 2.12.040 of the Cupertino
Municipal Code to clarify the number of votes required to pass ordinances, resolutions,
and certain orders to ensure that the Municipal Code is consistent with State Law
Recommended Action: Conduct the second reading and enact 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 Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Paul seconded to read Ordinance No. 15-2136 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes: Sinks,
Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
Chang moved and Vaidhyanathan seconded to enact Ordinance No. 15-2136. Ayes:
Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS-None
ORDINANCES AND ACTION ITEMS
16. Subject: First reading of an Ordinance amending Section 2.04.010 of the Cupertino
Municipal Code regarding regular City Council meetings that fall on Election Tuesday
in even-numbered years
Recommended Action: Conduct the first reading Ordinance No. 15-2137: "An
Ordinance of the City Council of the City of Cupertino amending Section 2.04.010 of
Chapter 2.04 of Title 2 of the Cupertino Municipal Code regarding regular City Council
meetings that fall on Election Tuesday in even-numbered years"
City Clerk Grace Schmidt reviewed the staff report.
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City Council Minutes November 17, 2015
Council amended the ordinance language to read: City Council meetings that fall on
any Election Tuesday in a regular Cupertino election year shall automatically be moved
to the first Monday of the month.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Wong seconded to read Ordinance No. 15-2137 as amended by title
only and that the City Clerk's reading would constitute the first reading thereof Ayes:
Sinks, Chang, Paul, Vaidhyan~than and Wong. Noes: None. Abstain: None. Absent:
None.
REPORTS BY COUNCIL AND STAFF
17. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt talked about the issue with the Valko small business
owners and noted that the City's Economic Development Manager has met with some
of the owners. The City will continue to try and work with them regarding relocation.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 11:10 p.m., ~r f>inks adjourned the meeting to Tuesday, December 1.
G~ ") c~'Jt-
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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