CC 07-05-2016CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, July 5, 2016
SPECIAL CITY COUNCIL MEETING
At 4:30 p.m. Mayor Barry Chang called the Special City Council meeting to order m
Cupertino City Hall Conference Room A, 10300 Torre A venue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
Council went into closed ~ession 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 Real Property Negotiators pursuant to Government Code
Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue
and APN 381-19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui
Guzman and Gail Seeds. Negotiating Parties: San Jose Water Company; County Roads
and Airports; City of San Jose. Under Negotiation: Price and terms of payment
Mayor Chang announced that Council gave direction.
2. Subject: Conference with legal counsel -Existing Litigation pursuant to Paragraph (1)
of subdivision (d) of Gov't Code 54956.9; Name of Case: City of Saratoga; City of
Cupertino; Town of Los Gatos v . California Department of Transportation, et al; Santa Clara
County Superior Court Case No.: 115CV281214
Mayor Chang announced that Council gave direction.
3. Subject: Conference with legal counsel -Existing Litigation pursuant to Paragraph (1)
of subdivision (d) of Gov't Code 54956.9: Name of Case: Committee Supporting Cupertino
Citizens' Sensible Growth Initiative, Steven Scharf, Xiangchen Xu, Govind Tatachari,
Petitioners v. City of Cupertino, et al. Santa Clara County Case No. 16CV296322
City Council Minutes July 5, 2016
Mayor Chang announced that no action was taken.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Barry Chang reconvened the Regular City Council meeting in Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
Mayor Chang also reported out from the Closed Session of June 27.
Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6;
Agency designated representatives: City Manager, Director of Administrative Services and
Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union;
Cupertino Employees' Association; Unrepresented (Management and Confidential)
Employees' Compensation Program.
Mayor Chang reported that no action was taken.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for July as Park and Recreation Month
Recommended Action: Present Proclamation
A short video from the recent Fourth of July celebration was shown. Mayor Chang
presented the proclamation to Acting Director of Recreation and Community Services
Christine Hanel.
2. Subject: Commendations to winners of CU Hacks 2 hackathon contest sponsored by the
Cupertino Library and the Cupertino Library Foundation to promote engineering and
computer programming skills
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Recommended Action: Present commendations and view videos of the four winning
teams: Hector the Hippo (Beginner category); No Collisions (Traffic category); My
Water (Environment category); Savior (Public Safety category)
Mayor Chang presented commendations to the winners of each category.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Val Vitols invited Council and the community to a concert at De Anza College Flint Center
hosted by a non-profit education group supporting a clean environment.
Joan Chin talked about affordable housing in Cupertino and reconstruction of smaller,
existing office buildings.
Lisa Warren talked about Cupertino's zoning and land map.
CONSENT CALENDAR
Sinks moved and Wong seconded to approve the items on the Consent Cal~ndar as presented
with the exception of item number 4 which was removed for discussion. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the June 21 City Council minutes
Recommended Action: Approve the minutes
4. Subject: Request for Funding -Stevens Creek L.P. an affiliate of Charities Housing
Development Corporation of Santa Clara County -Affordable Senior Housing, 19160
Stevens Creek Boulevard
Recommended Action: Adopt Resolution No. 16-071 to reserve $3,672,000 from the
City's Affordable Housing Fund to assist in the potential development of affordable
senior housing at 19160 Stevens Creek Boulevard in the City of Cupertino; and to make
findings required by the California Environmental Quality Act
Written communications for this item included emails to Council.
Jennifer Griffin spoke on this item.
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City Council Minutes July 5, 2016
Sinks moved and Wong seconded to adopt Resolution No. 16-071 to reserve $3,672,000
from the City's Affordable Housing Fund to assist in the potential development of
affordable senior housing at 19160 Stevens Creek Boulevard in the City of Cupertino;
and to make findings required by the California Environmental Quality Act. The
motion carried unanimously.
5. Subject: Pasadena Avenue Public Improvements Project No. 2016-13
Recommended Action: ·Authorize the City Manager to award and execute a
construction contract with O'Grady Paving, Inc. in the amount of $373,100 and approve
a construction contingency of $37,000 for a total of $410, 100
SECOND READING OF ORDINANCES
· 6. Subject: Second reading of an ordinance approving a development agreement by and
between the City of Cupertino and IAC at Cupertino LLC for the Hamptons project
located at 19500 Pruneridge Avenue
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2144:
"An Ordinance of the Cupertino City Council approving a Development Agreement by
and between the City of Cupertino and IAC at Cupertino LLC for the Hamptons
project located at 19500 Pruneridge Avenue"
City Clerk Grace Schmidt read the title of the ordinance.
The following individuals spoke on this item:
Jennifer Griffin
Darrel Lum
Wong moved and Sinks seconded to read Ordinance No. 16-2144 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paul, Sinks and Wong. Noes: Chang. Abstain: None. Absent: None.
Wong moved and Sinks seconded to enact Ordinance No. 16-2144. Ayes:
Vaidhyanathan, Paul, Sinks and Wong . Noes : Chang. Abstain: None. Absent: None.
Chang said he voted no because he would prefer more affordable housing units in the
project. Council requested a study session on affordable housing at a future meeting.
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City Council Minutes July 5, 2016
PUBLIC HEARINGS
7. Subject: Consideration of a payment to solid waste franchisee (Recology Cupertino) of
$146,128 for increased costs incurred to process organic materials from October 2015
through June 2016; and establishing a maximum rate schedule which includes a 5.28%
increase in maximum rates effective July 1, 2016 to non-residential/multi-family and
compactor garbage/compostable materials customers
Recommended Action: 1. Authorize a payment of $146,128 to Recology Cupertino from
the Resource Recovery fund 520-81-801; and 2. Adopt Resolution 16-072 (Attachment
A) establishing a maximum rate schedule which includes an increase of 5.28% in non-
residential/multi-family and compactor garbage and compostable materials customers
effective July 1, 2016
Written communications for this item included a letter to Council and a staff
PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
Mayor Chang opened the public hearing. There were no speakers and the public
hearing was closed.
Wong moved and Sinks seconded to 1) Authorize a payment of $146,128 to Recology
Cupertino from the Resource Recovery fund 520-81-801; and 2) Adopt Resolution 16-
072 establishing a maximum rate schedule which includes an increase of 5.28% in non-
residential/multi-family and compactor garbage and compostable materials customers
effective July 1, 2016. The motion carried unanimously.
8. Subject: Update on regional drought response, proposed regulations restricting water
use and authorize negotiation and execution of a Memorandum of Understanding
(MOU) with the Santa Clara Valley Water District (District) for a landscape conversion
rebate program
Recommended Action: Staff recommends that Council take the following actions: 1)
Receive staff report on current regional drought actions; and 2) Adopt Resolution No.
16-073 adopting 2016-2017 Regulations Restricting Water Use; and 3) Adopt Resolution
No.16-074 authorizing the City Manager to negotiate and execute a Memorandum of
Understanding (MOU) with the District in an amount up to $115,000 for a landscape
conversion rebate program
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City Council Minutes July 5, 2016
Written communications for this item included a staff PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
Power Point presentation.
Mayor Chang opened the public hearing and the following individuals spoke on this
item:
Joan Chin
Ignatius Ding (distributed written materials)
Mayor Chang closed the public hearing.
Wong moved and Vaidhyanathan seconded to 1) Receive the staff report on current
regional drought actions; and 2) Adopt Resolution No. 16-073 adopting 2016-2017
Regulations Restricting Water Use; and 3) Adopt Resolution No.16-074 authorizing the
City Manager to negotiate and execute a Memorandum of Understanding (MOU) with
the District in an amount up to $115,000 for a landscape conversion rebate program.
The motion carried unanimously.
ORDINANCES AND ACTION ITEMS
Council concurred to hear item numbers 9 and 10 together.
9. Subject: First reading of an ordinance amending section 11.27.145 of the Cupertino
Municipal Code relating to Designation of Preferential Parking Zone on Hammond
Way
Recommended Action: Conduct the first reading of Ordinance No. 16-2145: "An
ordinance of the City Council of the City of Cupertino amending section 11.27.145 of
the Cupertino Municipal Code relating to designation of preferential parking zones" on
Hammond Way on Saturdays, Sundays and holidays between the hours of 7 a.m. and 4
p.m.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
The following individuals spoke on items 9 or 10 :
Jim Wheeler (support for 9)
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Francois Delepine (support on 9)
Marjorie Mancuso (support on 9)
Minutes July 5, 2016
Keith Hocker -working on petition for Canyon Oak Way (no speaker card submitted)
Ken Tissavek -from Oak Valley (no speaker card submitted)
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Vaidhyanathan seconded to read Ordinance No. 16-2145 by title only
and that the City Clerk's reading would constitute the first reading thereof. Ayes:
Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
10. Subject: First reading of an ordinance amending section 11.27.145 of the Cupertino
Municipal Code relating to Designation of Preferential Parking Zone on Oak Valley
Road, Juniper Court, Sycamore Drive and Black Oak Way
Recommended Action: Conduct the first reading of Ordinance No. 16-2146: "An
Ordinance of the City Council of the City of Cupertino amending section 11.27.145 of
the Cupertino Municipal Code relating to designation of preferential parking zones" on
Oak Valley Road, Juniper Court, Sycamore Drive and Black Oak Way on Saturdays,
Sundays and holidays between the hours of 7 a.m. and 4 p.m.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
· PowerPoint presentation.
Sinks moved and Vaidhyanathan seconded to read Ordinance No. 16-2146 by title only
and that the City Clerk's reading would constitute the first reading thereof. Ayes:
Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
Wong moved and Paul seconded to direct the City Manager to send a letter to the Mid-
Peninsula Regional Open Space District and to the County of Santa Clara board of
Supervisors to request additional parking at Rancho San Antonio County Park; and
gave direction to the City Manager to review the Cristo Rey Drive roundabout for any
potential safety improvements. The motion carried unanimously.
11. Subject: Election Code section 9212 report relating to proposed initiative entitled,
"Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco
Shopping District Special Area ("Area") contains a mixture of residential, office, retail,
civic and education uses; (2) require any development to fund or provide community
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benefits such as transit, schools, a green roof and recycled water; and (3) grant the
property owner initial entitlements to develop in accordance with the Initiative and
establish a process for future approvals; and making related amendments to
Cupertino's General Plan and Municipal Code" ("Initiative"); determination whether to
place measure on the ballot; determination regarding ballot arguments and impartial
analysis
Recommended Action: 1) Receive the Report on the Impacts of Proposed Initiative and
either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-075 ordering that the
Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election,
to be consolidated with the Statewide General Election; and 2) Consider whether to
direct the City elections official to transmit the Initiative to the city attorney for
preparation of an impartial analysis per the draft resolution; and 3) Consider whether
to authorize City Council members, or the Council as a whole, to submit ballot
arguments against the Initiative per the draft resolution
Written communications for this item included emails to Council and a staff
PowerPoint presentation.
Outside Counsel Winter King and Catherine Engberg from Shute, Mihaly, &
Weinberger, Libby Seifel from Seifel Consulting Inc., and Kristy Weis, Project Manager
with David J. Powers and Associates reviewed the 9212 Report via a PowerPoint
presentation.
Francisca Church from Pehr and Peers Transportation Consultants and the other
outside Counsel and consultants answered questions from Council.
The following individuals spoke on this item:
Group on behalf of Valko Initiative -Judy Wilson, Reed Moulds, Zhlioli Yang, Craig
Bachewer, Sandy James (support Initiative)
Rafael Vifioly, Architect for proposed Valko project (support)
Group on behalf of Better Cupertino -Phyllis Dickstein, Brooke Ezzat, Sashi Begur,
Yanping Zhao, Cathy Yue Wang, X.C. Xu, Joan Lawler-Chin (opposed to Initiative) -
distributed written comments
Dundee Maples (support)
Barbara Chang (support)
Daphne Jeu (support)
Gloria You (support)
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Grace King (support)
Ann Woo (support)
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Lisa Warren (opposed) -distributed written comments
Ed Hirshfield (support)
Jennifer Griffin (opposed)
Donna Austin (support)
Chihua Wei (support)
Kevin McClelland on behalf of Cupertino Chamber of Commerce (support)
Sabrina Risk also speaking for Anthony Risk (support)
Hemant Buch (support)
Balaji (opposed)
Danessa Techmanski (opposed)
Steve Scharf (opposed)
Darrel Lum (opposed)
Ignatius Ding (opposed)
Randy Shingai (opposed)
Kimberly Sandstrom (opposed)
July 5, 2016
Wong moved and Sinks seconded to receive the Report on the Impacts of Proposed
Initiative and adopt Resolution No. 16-075 ordering that the Initiative be placed on the
Ballot for the November 8, 2016 General Municipal Election, to be consolidated with
the Statewide General Election.
Paul offered a friendly amendment to amend the ballot language wording to replace
"community benefits" with "or equivalent improvements" and to change the range for
transportation to be between $30 million and $36 million.
Wong did not accept the friendly amendment. The motion carried with Paul voting no.
Paul stated he voted no because he preferred the language he had suggested.
Wong moved and Chang seconded to direct the City elections official to transmit the
Initiative to the city attorney for preparation of an impartial analysis per the draft
resolution. The motion carried with Paul voting no.
Sinks moved and Wong seconded to omit Section 11 in the resolution and not have
Council members submit ballot arguments. The motion carried unanimously.
12. Subject: Designation of voting delegate and alternates for League of California Annual
Conference, October 5-7, Long Beach
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Recommended Action : Designate a voting delegate and up to two alternates for League
of California Annual Conference, October 5-7, Long Beach
Wong moved and Vaidhyanathan seconded to designate Vaidhyanathan as the voting
delegate and Wong as alternate for the League of California Annual Conference,
October 5-7, Long Beach. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
13 . Subject: Construction Project Updates
Recommended Action: Receive Update
Written Communications for this item included a staff Power Point presentation.
This item was not heard .
14. 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.
ADJOURNMENT
At 1:20 a.m. on Wednesday, July 6, Mayor Chang adjourned the meeting.
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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