CC 09-06-2016CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 6, 2016
REGULAR CITY COUNCIL MEETING
At 6:00 p.m. Mayor Barry Chang called the Regular City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
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 legal counsel -Existing Litigation pursuant to Paragraph (1)
of subdivision (d) of Gov't Code 54956.9; City of Cupertino v. Siemens Industry, Inc. et
al, Case #l-14-CV-272838
Mayor Chang announced that Council gave direction to the City Attorney.
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 A venue 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.
City Council Minutes September 6, 2016
CEREMONIAL MATTERS AND PRESENTATIONS
2. Subject: Present proclamation to Cupertino resident Rajee Shah in recognition of
performing community service
Recommended Action : Present proclamation to Cupertino resident Rajee Shah m
recognition of performing community service
Mayor Chang and Vice Mayor Vaidhyanathan presented the proclamation to
Cupertino resident Rajee Shah in recognition of performing community service.
3. Subject: Present Certificates of Recognition to Cupertino Staff Members Frank Villa and
Pete Arnst for responding quickly to aid an injured bicyclist
Recommended Action: Present Certificates to Cupertino Staff Members Frank Villa and
Pete Arnst for responding quickly to aid an injured bicyclist
Mayor Chang and Council member Paul presented the Certificates of Recognition to
Cupertino Staff Members Frank Villa and Pete Arnst for responding quickly to aid an
injured bicyclist.
4. Subject: Cupertino Transit Video II
Recommended Action: Present Cupertino Transit Video II
Council viewed the Transit Video II.
POSTPONEMENTS
5. Subject: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal Regarding
Eligibility to Purchase Below Market Rate (BMR) Unit to September 20 , 2016
Recommended Action: Continue Item No. 21 Appeal of Kimberly Sandstrom Appeal
Regarding Eligibility to Purchase Below Market Rate (BMR) Unit to September 20, 2016
Wong moved and Sinks seconded to continue item number 21 to September 20. The
motion carried unanimously.
Subject: Execute a lease agreement with Self-Help For The Elderly Program for u se of
Creekside Park Building for the period of September 12, 2016-Decemb er 31, 2016
Recommended Action: Staff recommends this item be removed from the agenda.
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Wong moved and Sinks seconded to table item number 14. The motion carried
unanimously.
ORAL COMMUNICATIONS
Stanley Young representing Cupertino Employee's Association (CEA) IFPTE Local 21 talked
about labor negotiations.
Cupertino employee Barbara Banfield representing Cupertino Employee's Association (CEA)
IFPTE Local 21 talked about labor negotiations.
Cupertino employee James Steve representing Operating Engineers Local No. 3 (OE3), talked
about labor negotiations.
Cupertino employee Jeff Ordway representing Cupertino Employee's Association (CEA)
IFPTE Local 21 talked about labor negotiations.
Timm McRae speaking on behalf of the Silicon Valley Leadership Group talked about the
Turkey Trot (fun run/walk) and Mayor's Cup held on Thanksgiving Day. He distributed
flyers about the event.
Dennis Whittaker speaking on behalf of the Optimist Club of Cupertino talked about issues
with City policy regarding minimum number of members needed for non-profit groups to
rent City facilities. He distributed written comments.
Homer Tong speaking behalf of the Optimist Club of Cupertino talked about issues with City
policy regarding minimum number of members needed for non-profit groups to rent City
facilities.
Art Cohen speaking on behalf of Diamond in the Rough Films (DITR) and Blue Light
Cinemas and DITR Director Mark Schwab talked about the upcoming film festival at the Blue
Lights Cinema on Sept 24 and 25 and the Fourth Annual Star Trek event on Nov 5 and 6.
Val Vitols speaking on behalf of CARE talked about a benefit concert to be held next year at
Memorial Park to bring attention to the environment.
Lisa Warren talked about her not being allowed to speak under Oral Communications at the
August 2 Council meeting. She distributed written comments.
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Ben Lee talked about issues with bushes and City trees growing onto the sidewalk along
Bubb Rd.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar noting the
correction to item number 15 and with the exception of item number 19 which was pulled for
discussion and item number 14 which was tabled under postponements. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
6. Subject: Approve the August 2 City Council minutes
Recommended Action: Approve the August 2 City Council minutes
7. Subject: Accept Accounts Payable for the period ending July 1, 2016
Recommended Action: Adopt Resolution No. 16-085 accepting Accounts Payable for
the period ending July 1, 2016
8. Subject: Accept Accounts Payable for the period ending July 8, 2016
Recommended Action: Adopt Resolution No. 16-086 accepting Accounts Payable for
the period ending July 8, 2016
9. Subject: Accept Accounts Payable for the period ending July 15, 2016
Recommended Action: Adopt Resolution No. 16-087 accepting Accounts Payable for
the period ending July 15, 2016
10. Subject: Accept Accounts Payable for the period ending July 22, 2016
Recommended Action: Adopt Resolution No. 16-088 accepting Accounts Payable for
the period ending July 22, 2016
11. Subject: Accept Accounts Payable for the period ending July 29, 2016
Recommended Action: Adopt Resolution No. 16-089 accepting Accounts Payable for
the period ending July 29, 2016
12. Subject: Biennial Review of Conflict of Interest Code of the City of Cupertino for
officials and designated positions
Recommended Action: a.) Rescind Resolution No. 14-168 and adopt Resolution No. 16 -
090 amending the Conflict of Interest Code of the City of Cupertino; and b.) Authorize
the City Manager to sign the required 2016 Local Agency Biennial Notice
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13. Subject: Second amendment to agreement for consultation services with Insight
Recommended Action: 1. Amend compensation and terms sections of the first
amended and restated agreement that expired on June 30, 2016; and 2. Authorize the
City Manager to sign the second amended and restated agreement with Insight
14. Subject: Execute a lease agreement with Self-Help For The Elderly Program for use of
Creekside Park Building for the period of September 12, 2016-December 31, 2016
Recommended Action: Authorize City Manager to negotiate and execute a lease
agreement with Self-Help For the Elderly Program for use of the Creekside Park
Building for the period of September 12, 2016-December 31, 2016
Under Postponements, this item was tabled.
15. Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale for
approximately $255 in facility use fees for the use of Community Hall on September 22,
September 26 and September 28, 2016 for candidate forums and a presentation.
Recommended Action: Staff recommends approval of fee waiver request.
City Clerk Grace Schmidt noted that the League of Women Voters only needed 2 days
rather than 3 and the fee waiver request would be for $165.
16. Subject: Request from Mr. Leon Chen to sponsor a bench in memory of his son, Erik
Chen, at Creekside Park
Recommended Action: Accept a donation for a bench with a special plaque in memory
of Erik Chen from his father Mr. Leon Chen to be placed at Creekside Park
17. Subject: Application for Alcohol Beverage License for Lyfe Kitchen Norcal, LLC (dba
Lyfe Kitchen), 19399 Stevens Creek Boulevard
Recommended Action: Approve application for Alcohol Beverage License for Lyfe
Kitchen Norcal, LLC (dba Lyfe Kitchen), 19399 Stevens Creek Boulevard
18 . Subject: Authorization of funding for the Sidewalk Renovation-Stevens Creek Blvd
(Stelling-De Anza) Project in order to enhance accessibility in the public right of way
Recommended Action: Authorize funding in the amount of $250,000 for the Sidewalk
Renovation-Stevens Creek Blvd (Stelling-De Anza) Project
19. Subject: Master Agreement between the City of Cupertino and HMH Engineering, Inc.
(HMH) to provide civil engineering services on various Capital Improvement Projects
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Recommended Action: Authorize the City Manager to execute a Master Agreement
between the City of Cupertino and HMH in the amount not to exceed $1,000,000 for a
term of approximately two years
Wong moved and Vaidhyanathan seconded to authorize the City Manager to execute a
Master Agreement between the City of Cupertino and HMH in the amount not to
exceed $1,000,000 for a term of approximately two years . The motion carried
unanimously.
Council members concurred to hear item number 24 next.
24. Subject: Hearing to approve assessment of fees on private parcels for the annual weed
abatement program
Recommended Action: Conduct hearing and adopt Resolution No. 16 -098 approving
the assessment of fees on private parcels for the annual weed abatement program
Written communications for this item included an updated assessment list and an
email to Council.
City Clerk Grace Schmidt reviewed the staff report.
The following speakers asked for fee waivers:
Lea Ann Walters (distributed written comments)
John Lee
Virgina Del Rosario
Andrew Nath (unclear last name spelling)
Meiduo Zhu
Manjunach Bangalore
Santa Clara County Weed Abatement Manager Moe Kumre explained the program and
answered questions from Council.
Wong moved and Vaidhyanathan seconded to adopt Resolution No. 16-098 approving
the assessment of fees on private parcels for the annual weed abatement program with
direction that Mr. Kumre would work with those individuals who spoke tonight
regarding possible fee waivers. The motion carried unanimously.
SECOND READING OF ORDINANCES
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20. Subject: Second Reading of an ordinance amending Section 11.27.145 of the Cupertino
Municipal Code relating to Designation of Preferential Parking Zone on Canyon Oak
Way
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2147:
"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 Canyon Oak Way on Saturdays, Sundays and holidays between the hours of 7 a.m.
and4p.m.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan . seconded to read Ordinance No. 16-2147 by title
only and that the City Clerk's reading would constitute the second reading thereof.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2147. Ayes:
Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS
21. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase
Below Market Rate (BMR) Unit
Recommended Action: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to
Purchase Below Market Rate (BMR) Unit has been continued to September 20, 2016
Under Postponements, this item was continued to September 20.
22 . Subject: Redevelopment of Marina Foods with associated site and off-site
improvements
Recommended Action: a) Adopt Resolution No. 16-091 approving Development Permit
(DP-2015-05) and Environmental Analysis (Negative Declaration) (EA -2015-05); and b)
Adopt Resolution No. 16-092 approving Architectural and Site Approval (ASA-2015-
. 22); and c) Adopt Resolution No. 16-093 approving Use Permit (U-2015-06); and d)
Adopt Resolution No. 16-094 approving Heart of the City Exception (EXC-2016-03);
and e) Adopt Resolution No. 16-095 approving Fence Exception (EXC-2016-05); and f)
Adopt Resolution No. 16-096 approving Tree Removal Permit (TR-2016 -14); and g)
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Conduct the first reading of Ordinance No. 16-2148 (development agreement DA-2016 -
01): "Ordinance of the City Council of the City of Cupertino approving a Development
Agreement by and among the City of Cupertino, Cupertino 10145, LLC, and Marina
Plaza LLC, for the Marina Plaza project at 10122 Bandley Drive and 10145 North De
Anza Boulevard"
Written communications for this item included letters and emails to Council, an
amended Resolution No. 16-091, an amended Development Agreement and a staff
PowerPoint presentation.
Assistant Planner Erick Serrano reviewed the staff report via a PowerPoint
presentation.
Applicant Amy Chan gave an overview of the project.
John Thatch from Dahlin Group Architecture continued to talk about the project.
Sam Chug from Rossi Hamerslough Reischl & Chuck, attorney representing the
q.pplicant talked about the Saich property and private easements.
Staff and applicant answered questions from Council.
Mayor Chang opened the public hearing and the following individuals spoke:
Jennifer Griffin
Joe Zhou
Jon Willey (distributed written comments)
Gale Connor from Miller Starr Regalia, attorney representing the Saich family
Elaine Lee
Abraham Chen
Mark Kao
Vickie Chou
Chris Grisanti
Sukai Chen
Steve Gettel from Gettel & Associates, real estate advisor representing Mr. Saich
John Saich
Mayor Chang closed the public hearing.
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Staff, the applicant, Karen Murphy from Burke Williams and Sorensen and Eric Phillips
from Goldfarb & Littman answered questions from Council.
Wong moved and Sinks seconded to adopt Resolution No. 16-091 approving
Development Permit (DP-2015-05) and Environmental Analysis (Negative Declaration)
(EA-2015-05). The motion carried unanimously.
Wong moved and Sinks seconded to adopt Resolution No. 16-092 approving
Architectural and Site Approval (ASA-2015-22). The motion carried unanimously.
Wong moved and Sinks seconded to adopt Resolution No. 16-093 approving Use
Permit (U-2015-06). The motion carried unanimously.
Wong moved and Sinks seconded to adopt Resolution No. 16-094 approving Heart of
the City Exception (EXC-2016-03). The motion carried unanimously.
Wong moved and Sinks seconded to adopt Resolution No. 16-095 approving Fence
Exception (EXC-2016-05). The motion carried unanimously.
Wong moved and Sinks seconded to adopt Resolution No. 16-096 approving Tree
Removal Permit (TR-2016-14). The motion carried unanimously.
City Clerk Grace Schmidt read the title of Ordinance No. 16-2148 (Development
Agreement DA-2016-01).
Wong moved and Sinks seconded to read Ordinance No. 16-2148 by title only and that
the City Clerk's reading would constitute the first reading thereof with the following
amendments to the Development Agreement (DA):
• The applicant shall make six (6) units accessible to seniors and utilize their best
efforts to convert them into senior housing consistent with Federal and State
requirements
• The DA will be revised to reflect the final agreement between the School Board and
the applicant
• The applicant will add two (2) moderate income units to the 16-very low income
units already proposed in the project, for a total of 18 BMR units. They will receive
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credit (based on the City's 2014 Nexus Study for the housing mitigation fees) for the
additional moderate income units towards the balance of mitigation fees to be paid.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
Council recessed from 10:29 p.m. to 10:38 p.m.
23. Subject: Consideration pursuant to a Lease with San Jose Water Company, of the
reasonableness of an increase in water rates to customers served by the Cupertino
Municipal Water System leased to San Jose Water Company. The increase in rates is
substantially identical to that authorized by the California Public Utilities Commission
("CPUC"), after extensive review, for systems owned and operated by San Jose Water
Company in other areas within the City
Recommended Action: 1. Hold a Public Hearing on proposed Cupertino Municipal
Water System potable water rates and charges; and 2. Adopt Resolution 16-097, finding
no basis to find as unreasonable the increase in Cupertino Municipal Water System
potable water rates and charges, effective September 15, 2016 and retroactive to
January 1, 2016, by 8.6% which is equivalent to the rate increase authorized by the
California Public Utilities Commission ("CPUC"), after extensive review for systems
owned and operated by San Jose Water Company in other areas within the City
Written communications for this item included customer comments, an amended chart
noting rate increase and a staff Power Point presentation.
Council member Sinks recused himself on this item due to a possible conflict of interest
and left the dais.
Assistant Director of Public Works Roger Lee reviewed the staff report via a
PowerPoint presentation.
Mayor Chang opened the public hearing and the following individuals spoke:
John Kolski
David McLeroy
John Tang from San Jose Water Company answered questions from Council.
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Wong moved and Vaidhyanathan seconded to adopt Resolution 16-097, finding no
basis to find as unreasonable the increase in Cupertino Municipal Water System
potable water rates and charges, effective September 15, 2016 and retroactive to
January 1, 2016, by 8.6% which is equivalent to the rate increase authorized by the
California Public Utilities Commission ("CPUC"), after extensive review for systems
owned and operated by San Jose Water Company in other areas within the City. The
motion carried with Sinks recusing.
Council member Sinks returned to the dais.
ORDINANCES AND ACTION ITEMS
25. Subject: Accept resignation of Technology, Information, and Communications
Commissioner Shishir Chavan and direct staff to fill the unscheduled vacancy in
January; and set application deadline and interview dates for commissions with terms
expiring in January, or provide further direction to staff.
Recommended Action: a) Accept the resignation of Technology, Information, and
Communications Commissioner Shishir Chavan and direct staff to fill the unscheduled
vacancy in January 2017; and b) Set the application deadline of 4:30 p.m. on Friday,
January 13, 2017 and interviews beginning at 5:00 p.m. on Monday and Tuesday,
January 23 and 24 for commissions with terms expiring January 30, 2017, or provide
further direction to staff
Wong moved and Sinks seconded to accept the resignation of Technology, Information,
and Communications Commissioner Shishir Chavan and direct staff to fill the
unscheduled vacancy in January 2017; and b) Set the application deadline of 4:30 p.m.
on Friday, January 13, 2017 and interviews beginning at 5:00 p.m. on Monday and
Tuesday, January 23 and 24 for commissions with terms expiring January 30, 2017. The
motion carried unanimously.
Vice Mayor Vaidhyanathan left the meeting.
26. Subject: Consider updates to the City's Policies and Guidelines on Sister Cities to address
friendship cities
Recommended Action: Approve recommended Policies and Guidelines on Sister Cities,
Friendship Cities, and International Delegations
City Manager David Brandt reviewed the staff report.
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Written communications for this item included an email to Council.
The following individuals spoke on this item:
Vivian Wang, Shiow Hsieh and Elizabeth Chin (Taichung) -distributed written
\. comments
Keita Broadwater, Beverly Hu and Weishy Chen (Chengdu)
Chaochin Lu and Cheney Gaol (Hefei) -distributed written comments
Allen Chang (Taipei) -distributed written comments
Christie Wang (Nanjing)
Helene Davis (Cupertino-Copertino Sister Cities Association)
Alysa Sakkas (Cupertino-Toyokawa Sister Cities Association)
Jing Liao (Changzhou) -distributed written comments
Dr. Frank Hong, founder of Happy Kids Day Kids'N Fun Festival
Paul moved and Sinks seconded to approve recommended Policies and Guidelines on
Sister Cities, Friendship Cities, and International Delegations. Rod made a friendly
amendment to not include staff resources for Friendship Cities. Paul didn't accept the
friendly amendment. Wong mad.e a friendly amendment to allow reimbursement of
expenses related to Sister City student exchange programs as follows: $2,500 per year
for programs with 5-9 students and $5,000 per year for programs with 10 or more
students. The motion carried with Vaidhyanathan absent.
REPORTS BY COUNCIL AND STAFF
27. Subject: Construction Project Updates
Recommended Action: Receive Construction Project Updates
Written communications for this item included a staff Power Point presentation.
This item was not heard.
28. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
This item was not heard.
ADJOURNMENT
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At 12:44 a.m. on Wednesday, September 7, 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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