CC 05-17-2016CUPERTINO APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 17, 2016
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:02 p.m. Mayor Barry Chang called the Special City Council meeting to order in Cupertino
Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
STUDY SESSION
1. Subject: Study'"session regarding the Proposed Fiscal Year 2016-2017 Budget
Recommended Action: Conduct the Budget study session
Written communications for this item included two staff PowerPoint presentations.
A. Budget Message/Overview of FY 2016-2017 Proposed Budget
B. Review of Pass-through Revenues/Expenses
Council members Sinks left the dais at 3:14 p.m. due to a conflict of interest and
returned to the dais at 3:15 p.m., during the Review of Pass-through Revenue (Apple
only).
C. Departmental Budgets:
· Council and Commissions
· Administration
· Law Enforcement
· Information Services
· Administrative Services
·Recreation and Community Services
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City Council MINUTES
· Planning and Community Development
·Public Works
May 17, 2016
Director of Administrative Services Kristina Alfaro and Assistant to the City Manager
Jacqueline Guzman reviewed the study session agenda via a PowerPoint presentation
highlighting the following: five year general fund forecast, general fund balance, fund
balance, recommended expenditures by department, staffing, issues and challenges, and
next steps.
D. 5 Year Capital Improvement Program (CIP)
Director of Public Works Timm Borden reviewed the proposed FY 2016-17 CIP via a
PowerPoint presentation highlighting the following: completed projects FY2016; City of
Cupertino FY 2017 -FY2021 proposed CIP summary; and unfunded projects for future
consideration; current and proposed CIP projects proposed funding FY 2017 -FY2021.
E. Questions and Answers
Council asked staff questions on the proposed budget throughout the presentation.
F. Public Comments
Byron Rovegno, on behalf of Walk-Bike Cupertino, talked about Bike Plan funding.
Fariba Nejat, on behalf of Iranian Federated Women's Club, talked about bringing
community events back.
Larry Dean, on behalf of Walk-Bike Cupertino, talked about bike funding .
Councilmembers Sinks and Vaidhyanathan requested to hear from those organizations
that have submitted grant applications. Mayor Chang re-opened the public hearing.
David Fung, on behalf of Friends of Deer Hollow Farm, talked about grant funding.
Diana Argabrite, on behalf of the Euphrat Museum of Art, talked about community
funding.
Mayor Chang closed public hearing.
G. Council Comments
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City Council MINUTES May 17 , 2016
The following information was requested by Council for staff follow-up before Final
Budget:
• Spreadsheet reflecting the City's contribution to school districts, any grants involved,
and the Net benefit.
• Estimates for the additional work at City Hall (i .e. -sprinkler repair).
• A breakout of the increases in Contract costs (i.e. -Sheriff, outside counsel).
• 16-17 GANN Limit Appropriation#.
• Updated spreadsheet on Festival requests.
• In the CIP Unfunded Project List, include the Civic Center Master Plan
Implementation, and the International Cricket Field.
ADJOURNMENT
At 5:14 p.m., Mayor Chang adjourned the meeting.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
At 6:45 p.m. Mayor Barry Chang called the Regular City Council meeting to order in Cupertino
Community Hall Council Chamber, 10350 Torre A venue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for 6th Annual Kids to Parks Day -May 21, 2016
Recommended Action: Present proclamation
Representatives for 6th Annual Kids to Parks Day were not present to receive the
proclamation.
2. Subject: Proclamation recognizing May 13-20 as Santa Clara County Affordable
Housing Week
Recommended Action: Present proclamation
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City Council MINUTES May17,2016
Written communications for this item included the SV @Home 2016 Affordable Housing
Week calendar.
Mayor Chang presented the proclamation to SV @Home members:
• Alina Harway, SV @Home
• Kathy Robinson, Charities Housing
• Melissa Morris, Law Foundation of Silicon Valley
3. Subject: 2016 Public Works Week Proclamation
Recommended Action: Present Proclamation
Mayor Chang presented the proclamation to Director of Public Works Timm Borden.
4. Subject: Presentation by Cupertino Union School District (CUSD) and Fremont Union
High School District (FUHSD) students regarding recent trip to Hsinchu, Taiwan
Recommended Action: Receive presentation
Chia-ching Lin, President & School Liaison of Cupertino-Hsinchu Sister City Association
(CHSCA) introduced the CHSCA 2016 delegation group.
Teacher chaperones and students talked about their experience.
Board members of the Cupertino-Hsinchu Sister City Association (CHSCA) presented
gifts to the Council members.
Council received the presentation and the gifts.
5. Subject: Presentation by Cupertino Copertino Sister City Committee regarding recent
trip to Copertino, Italy
Recommended Action: Receive presentation
Helene Davis, President of Cupertino-Copertino Sister City Committee introduced the
student delegation group.
Teacher chaperones and students talked about their experience, showed a video
presentation of their recent trip, and presented gifts to the Council members.
Council received the presentation and the gifts .
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6. Subject: Teen Commission annual update
Recommended Action: Receive update
Written communications for this item included a Power Point presentation.
May 17, 2016
Teen Commission Chair Annabelle Chan and Commission members Andrew Fung,
Rishit Gundu, Ankita Sahni, and Anooj Vadodkar gave an update on the commission's
activities over the past year via a Power Point presentation.
Council received the presentation.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Roopa Swamy talked about the revitalization of the Valko mall.
Judy Wilson expressed Happy Birthday wishes to Vice Mayor Vaidhyanathan.
Arun Varshney talked about a parking ordinance amendment in Rancho Rinconada. He
distributed an email for the record.
Paulette Altmaier talked about development in Cupertino and the Hills at Vallco.
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 12, which were pulled for discussion.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
7. Subject: Approve the May 3 City Council minutes
Recommended Action: Approve the minutes
8. Subject: Letter of Intent establishing a friendship city in Jinjiang District, Chengdu,
Sichuan Province, People's Republic of China
Recommended Action: Authorize the Mayor to execute a Letter of Intent
establishing a friendship city relationship with Jinjiang District, Chengdu, Sichuan
Province, People's Republic of China.
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City Council MINUTES May 17,2016
9. Subject: Set the voluntary cap at $33,000 for campaign expenditures for the
November 8, 2016 City Council election
Recommended Action: Adopt Resolution No. 16-046 setting a voluntary expenditure
cap of $33,000 for the November 8, 2016 City Council election
Wong moved and Paul seconded to adopt Resolution No. 16-046 setting a voluntary
expenditure cap of $33,000 for the November 8, 2016 City Council election. The motion
carried with Sinks voting no.
10. Subject: Accept the Other Post-Employment Benefits ("OPEB") Trust Investment Policy
Recommended Action: Adopt Resolution No. 16-047 accepting the OPEB Trust
Investment Policy
11. Subject: Accept the City Investment Policy
Recommended Action: Adopt Resolution No. 16-048 accepting the City Investment
Policy
12. Subject: Open Space Area Agreement between the City and the Cupertino
Union School District -Six Month Extension
Recommended Action: Approve a six (6) month extension to the Open Space Area
Agreement between the City of Cupertino and the Cupertino Union School
District, subject to the same provisions as the original amended agreement, and
authorize the City Manager to negotiate and execute all necessary documents to
carry out the extension
Peggy Griffin talked about public access to Lawson Middle School.
Wong moved and Sinks seconded to approve a six (6) month extension to the Open
Space Area Agreement between the City of Cupertino and the Cupertino Union School
District, subject to the same provisions as the original amended agreement, and
authorized the City Manager to negotiate and execute all necessary documents to
carry out the extension. The motion carried unanimously.
Council directed staff to include updates on the agreement negotiations in the Items' of
Interest memo.
13. Subject: Application for Alcoholic Beverage License for Arirang Tofu & BBQ 10310
South De Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
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City Council MINUTES May 17, 2016
Arirang Tofu & BBQ 10310 South De Anza Boulevard
14. Subject: Application for Alcoholic Beverage License for Kobe Pho & Grill, 21271
Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Kobe Pho & Grill, 21271 Stevens Creek Boulevard
15. Subject: Application for Alcoholic Beverage License for Alexander's Steakhouse, Inc.,
19379 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the Application for Alcoholic Beverage License for
Alexander's Steakhouse, Inc., 19379 Stevens Creek Boulevard
16. Subject: 2011 Contractual Street Sweeping Contract (Project No. 2011-02) -5 year
Extension
Recommended Action: In 2011 the City of Cupertino solicited competitive bidding
for contractors to provide street sweeping services throughout the City. Four
bids were received and Contract Street Sweeping was considered to be the lowest
responsive bidder. At the City Council meeting of June 7, 2011, the contract was
authorized for award and Contract Street Sweeping began providing service to the
City on July 1, 2011. The term of this agreement was five years with the option to
extend for an additional five years
17. Subject: Authorize Allocation of Transportation Development Act (TDA) Article
3 funding in response to a Call for Projects for the City's "Guarantee" share of the
TDA Article 3 Fiscal Year 2016-2017 Program.
Recommended Action: Adopt Resolution No. 16-049 authorizing allocation of TDA
Article 3 funding .
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
18. Subject: Amended Fiscal Year 2016-17 Fee Schedule
Recommended Action: Adopt Resolution No. 16-050 amending the Fiscal Year 2016-17
Fee Schedule (Resolution No. 16-031), effective August 1, 2016.
Written communications for this item included a staff PowerPoint presentation.
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City Council MINUTES May 17, 2016
Assistant to the City Manager Jacqueline Guzman reviewed the staff report via
PowerPoint presentation.
Assistant City Manager Aarti Shrivastava answered questions from Council.
Mayor Chang opened the public hearing.
The following individuals spoke on this item:
Jennifer Griffin talked about R-1 Ordinance with Design Review.
Mayor Chang closed the public hearing.
Paul moved and Chang seconded to Adopt Resolution No. 16-050 amending the Fiscal
Year 2016-17 Fee Schedule (Resolution No. 16-031), effective August 1, 2016. Sinks
made a friendly amendment to create a fence exception fee for R-1 and duplex zones to
120% of the average for the cities surveyed. Paul accepted the friendly amendment.
The motion carried with Wong voting no.
19. Subject: Appeal of the City Manager's April 4, 2016 decision to deny an appeal of a
Director's penalty fee assessment for damage to a protected street tree (Section
14.12.0SO(C)); Appellant: Li-erh Wang; Location: 10779 Brookwell Drive; APN #369-21-
013
Recommended Action: Adopt Resolution No. 16-051 denying the appeal and upholding
the City Manager's April 4, 2016 decision to deny an appeal of a director's penalty fee
assessment for damage done to a protected street tree
The recommended action was amended to note April 4, 2016 instead of April 4, 2017.
Written communications for this item included two PowerPoint presentations and an
amended resolution.
Appellant Li-erh Wang talked about her appeal.
Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint
presentation and answered questions from Council.
Mayor Chang opened the public hearing.
The following individuals spoke on this item. Comments and concerns included
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City Council MINUTES May 17, 2016
maintaining healthy/unhealthy varieties of trees in the neighborhood, fine assessment,
and fairness:
Rick Armstrong
Wendy Armstrong
Jennifer Griffin
Rass Kakaio
Mayor Chang closed the public hearing.
Staff and the appellant answered questions from Council.
Wong moved and Chang seconded to Adopt Resolution No. 16-051 as amended
approving the appeal and upholding the City Manager's April 4, 2016 decision to deny
an appeal of a director's penalty fee assessment for damage done to a protected street
tree, with a reduced penalty of $9,000, to be donated to the non-profit Our City Forest.
Chang made a friendly amendment to add the penalty to the City tree fund instead.
Wong accepted the friendly amendment. The motion carried unanimously.
Council went into recess at 10:09 p.m. and reconvened at 10:18 p.m.
ORDINANCES AND ACTION ITEMS
20. Subject: Regional approach to increasing the minimum wage in Santa Clara County
Recommended Action: Provide staff direction on next steps towards the regional
efforts to increase the minimum wage.
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Jacqueline Guzman reviewed the staff memo via a
PowerPoint presentation.
Councilmember Sinks gave background on the formation of the Cities Association
Subcommittee on Minimum Wage.
Ms. Guzman continued with the PowerPoint presentation.
The following individuals spoke on this item. Comments and concerns included
increasing minimum wage to $15 per hour by 2019, approved minimum wage increases
in other cities, cost of living in the area, income inequality, impacts on small businesses.
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City Council MINUTES May 17,2016
Richard Abdalah, on behalf of the Cupertino Chamber of Commerce (neutral)
Alison Hicks, on behalf of Mountain View Raise the Wage (in favor)
Susyn Almond, on behalf of Raise the Wage (in favor)
Charisee Ma Lebron, on behalf of Working Partnerships USA (in favor)
Ruth Silver Taube, supervising attorney of the Workers' Rights Clinic at the Katharine &
George Alexander Community Law Center at Santa Clara University School of Law (in
favor)
Patrick Ahrens, on behalf of Assemblymember Evan Lo (in favor)
Margaret Abe-Koga, on behalf of Raise the Wage Coalition (in favor)
Meghan Fraley, on behalf Raise the Wage Coalition (in favor)
Pedro Malave, on behalf of Service Employees International Union United Service
Workers West (SEIU USWW) (in favor)
Jessica Lynam, on behalf of the California Restaurant Association (opposed)
Council provided staff direction on next steps towards the regional efforts to increase the
minimum wage:
• Expressed overall support towards a regional approach to increase minimum wage
to $15 per hour by January 1, 2019.
•
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• Directed staff to work with the Cupertino Chamber to disseminate the Economic
Analysis and county-wide survey results and focus outreach efforts on small
business owners, including a survey on the impacts to their business of an
increased minimum wage.
Requested more Cupertino-specific data on wage increase effects in Cupertino,
including data from Sunnyvale and Mountain View.
Revisit discussion after the Cities Association review of a detailed economic
analysis on June 9.
REPORTS BY COUNCIL AND STAFF
21. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Council members highlighted the activities of their committees and various community
events.
City Manager David Brandt gave an update on a potential merger between The
Association of Bay Area Governments (ABAG) and the Metropolitan Transportation
Commission (MTC), and MTC-ABAG Merger Study.
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City Council MINUTES May 17, 2016
ADJOURNMENT
At 12:05 p.m., Mayor Chang adjourned the meeting.
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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