CC 09-20-2016CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 20, 2016
SPECIAL CITY COUNCIL MEETING
At 4:00 p.m. Mayor Barry Chang called the Special City Council meeting to order m
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.
COMMISSIONS INTERVIEWS
1. Subject: Interview applicants to fill one unscheduled vacancy on the Public Safety
Commission
Recommended Action: Conduct interviews and appoint one person to serve a partial
term ending January 30, 2018 on the Public Safety Commission After concluding the
interviews, Council went into closed session and convened in open session at 6:45 p.m.
in the Cupertino Community Hall Council Chamber, 10350 Torre A venue.
Council conducted interviews and appointed Hymanand Nellore to fill the
unscheduled vacancy with term ending January 30, 2018.
CLOSED SESSION
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
-Two Cases
Mayor Chang announced that on both cases Council gave direction.
3. 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
City Council Minutes September 20, 2016
Mayor Chang announced that Council gave direction.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Barry Chang convened 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.
CEREMONIAL MATTERS AND PRESENTATIONS -None
POSTPONEMENTS-None
ORAL COMMUNICATIONS
Val Vitols and Lila speaking on behalf of C.A.R.E. talked about World Wide Educators and
showed a video regarding a concert to support the environment.
Art Cohen speaking on behalf of Bluelight Cinemas talked about the upcoming Fourth
Annual Star Trek event on Nov 5 and 6.
Stanley Young representing Cupertino Employee's Association (CEA) IFPTE Local 21 talked
about labor negotiations.
Mary Blanco, Business Agent for Operating Engineer's Local 3 (OE3) talked about labor
negotiations.
Cupertino employee Gian Martire representing Cupertino Employee's Association (CEA)
IFPTE Local 21 talked about labor negotiations.
Cupertino employee Jeff Greef representing Cupertino Employee's Association (CEA) IFPTE
Local 21 talked about labor negotiations.
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Linda Emin, Research Analyst for Cupertino Employee's Association (CEA) IFPTE Local 21
talked about labor negotiations.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
1. Subject: Approve the September 6 City Council minutes
Recommended Action: Approve the minutes
2. Subject: Accept Accounts Payable for the period ending August 5, 2016
Recommended Action: Adopt Resolution No. 16-099 accepting Accounts Payable for
the period ending August 5, 2016
3. Subject: Accept Accounts Payable for the period ending August 12, 2016
Recommended Action: Adopt Resolution No. 16-100 accepting Accounts Payable for
the period ending August 12, 2016
SECOND READING OF ORDINANCES
4. Subject: Development Agreement for a 122 room hotel, two mixed-use buildings with
188 apartments, and approximately 26,000 square feet of commercial space in a
Planned General Commercial and Residential Zoning District. Application No(s): DA-
2016-01; Applicant(s): Amy Chan (De Anza Venture, LLC); Location: 10122 Bandley
Drive and 10145 De Anza Boulevard (Marina Plaza) APN# 326-34-043, 326-34-066
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2148
(development agreement DA-2016-01): an "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"
Jennifer Griffin talked about her concern of losing large retail space in Cupertino.
City Clerk Grace Schmidt read the title of the ordinance.
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Wong moved and Sinks seconded to read Ordinance No. 16-2148 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 Sinks seconded to enact Ordinance No. 16-2148. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS
5. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase
Below Market Rate (BMR) Unit (Continued from September 6)
Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms.
Kimberly Sandstrom and affirming the recommendation of the Housing Commission
regarding the eligibility of Ms. Sandstrom to purchase a BMR unit
Written communications for this item included a staff Power Point presentation.
Outside counsel Barbara Kautz and Celia Lee from Goldfarb and Lipman reviewed the
staff report.
Appellant Kimberly Sandstrom reviewed her appeal via a PowerPoint presentation.
Wong moved and Paul seconded to continue this item to the next meeting. The motion
carried unanimously.
6. Subject: Municipal Code Amendments to Chapter 1.10 (Administrative Citations, Fines,
and Penalties), Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter
19.28 (Single-Family Residential (R-1) Zones), Chapter 19.32 (Residential Duplex (R-2)
Zones), Chapter 19.56 (Density Bonus), and Chapter 19.104 (Signs) for language
clarifications, compliance with State Law, and internal consistency. Application No(s):
MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the first reading of Ordinance No. 16-2149: "An
ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10,
to add Section 1.10.055, "Recording Notice of Violations"; amending Title 19, Chapter
19 .08, Section 19.08.030 "Definitions", amending Chapter 19.12 Section 19.12.080
"Application Process" and Section 19.12.180 "Expiration, Extension and Revocation",
amending Chapter 19.28 Section 19.28.120, "Landscape Requirements", amending
Chapter 19.32 Section 19.32 .010 "Purpose", repealing and replacing Chapter 19 .56,
"Density Bonus", and amending Chapter 19.104 to add Section 19.104.205, "Message
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Substitution"; related to permits, procedures, and requirements of the code to conform
to law, ensure internal consistency, and provide clarification"
Written communications for this item included information from the Planning
Commission meeting of April 26, 2016 and a staff PowerPoint presentation.
Assistant Planner Gian Martire reviewed the staff report via a PowerPoint presentation.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Sinks seconded to read Ordinance No. 16-2149 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.
7. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the
Cupertino Municipal Code. The amendment includes allowing modifications and
improvements to legal non-conforming single family garages. The proposed
amendment will also include updates to the standards for bicycle parking and facilities
consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21,
2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location:
citywide
Recommended Action: Conduct the first reading of Ordinance No. 16-2150: "An
Ordinance of the City Council of the City of Cupertino amending Title 19, Chapter
19.124 Section 19.124.030 "Regulations for Parking and Keeping Vehicles in Various
Zones" and Section 19.124.040 "Regulations for Off-Street Parking", regarding legal
non-conforming single-family garages, and making standards for bicycle parking and
facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan"
Written communications for this item included a staff Power Point presentation.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Sinks seconded to read Ordinance No. 16-2150 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.
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Council recessed from 8:50 p.m. to 9:00 p.m.
ORDINANCES AND ACTION ITEMS
8. Subject: Establishment of Friendship City Relationships
Recommended Action: Review and consider applications establishing Friendship City
relationships with Nanjing, People's Republic of China; Changzhou, People's Republic
of China; Chengdu, People's Republic of China; Hefei, People's Republic of China;
Taipei, Republic of China; and Taizhou, People's Republic of China
Written communications for this item included emails to City Council, an application
from HeFei and a staff Power Point presentation.
Assistant to the City Manager Jaqui Guzman reviewed the staff report.
Representatives from each city talked about their particular city.
The following individuals spoke on this item:
Dundee Maples
Michael Wen
Frank Hong
Beverly Hu
Wong moved and Sinks seconded to establish Friendship City relationships with
Nanjing, People's Republic of China; Changzhou, People's Republic of China;
Chengdu, People's Republic of China; Hefei, People's Republic of China; Taipei,
Republic of China; and Taizhou, People's Republic of China. The motion carried
unanimously.
Council recessed from 10 :13 p.m. to 10:30 p .m .
9. Subject: Update on regional minimum wage efforts and introduction of Ordinance
establishing a citywide minimum wage
Recommended Action: Receive an update on regional minimum wage efforts and
conduct the first reading of Ordinance No . 16-2151: "An Ordinance of the City Council
of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to
Title 3 (Revenue and Finance) of the Cupertino Municipal Code to es tablish a citywide
minimum wage"
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Written communications for this item included emails and a letter to Council and a
staff PowerPoint presentation.
Assistant to the City Manager J aqui Guzman reviewed the staff report via a
PowerPoint presentation.
The following individuals spoke on this item:
Art Cohen on behalf of Blue Light Cinemas
Sujatha Venkatraman on behalf of the clients of West Valley Community Services
Janice Chu on behalf of Bitter+ Sweet
Anjali Kausar on behalf of the Cupertino Chamber of Commerce (distributed written
comments)
Luis Buhler
Poncho Guevara on behalf of Sacred Heart Community Services
Amy Nyugen on behalf of Asian Law Alliance
Maria Noel Fernandez on behalf of Working Partnerships USA
Jessica Lynam on behalf of the Cupertino members of the California Restaurant
Association
Patrick Kruk on behalf of Outback Steakhouse
Meghan Fraley on behalf of Raise the Wage South Bay and Peninsula Coalition
Marie Bernard on behalf of Emergency Assistance Network
City Clerk Grace Schmidt read the title of the ordinance.
Vaidhyanathan offered a friendly amendment to add a Learner's exemption and Wong
didn't accept the friendly amendment.
Wong moved and Paul seconded to read Ordinance No. 16-2151 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Paul,
Sinks and Wong. Noes: Vaidhyanathan. Abstain: None. Absent: None.
10. Subject: A moratorium on the establishment, expansion, or relocation of payday
lending and check cashing businesses within the City of Cupertino
Recommended Action: Enact Interim Urgency Ordinance No. 16-2152: "An Interim
Urgency Ordinance of the City Council of the City of Cupertino establishing a
moratorium on the establishment, expansion, or relocation of payday lending and
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check cashing businesses within the City of Cupertino pending completion of an
update to the City's Zoning Code"
Written communications for this item included letters to City Council.
The following individuals spoke on this item:
Sujatha Venkatraman on behalf of West Valley Community Services
Melissa Morris on behalf of Law Foundation of Silicon Valley
Liana Molina on behalf of California Reinvestment Coalition
Marie Bernard on behalf of Emergency Assistance Network
Maria Noel Fernandez on behalf of Working Partnerships USA
Amy Nguyen on behalf of Asian Law Alliance
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Interim Urgency Ordinance No.
16-2152 by title only and that the City Clerk's reading would constitute the only
reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None.
Abstain: None. Absent: None.
Wong moved and Sinks seconded to enact Interim Urgency Ordinance No. 16-2152.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
11 . Subject: Proposed Amendments to Policy and Procedures Manual for Administering
Deed-Restricted Affordable Housing Units
Recommended Action: Adopt Resolution No. 16-102 adopting the proposed
amendments to the Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
Written communications for this item included a staff PowerPoint presentation.
Outside counsel Barbara Kautz from Goldfarb and Lipman reviewed the staff report.
Kai Brown on behalf of Cupertino Education Association spoke on this item.
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Wong moved and Vaidhyanathan seconded to adopt Resolution No. 16-102 adopting
the proposed amendments to the Policy and Procedures Manual for Administering
Deed Restricted Affordable Housing Units.
Sinks offered a friendly amendment to include an extra point to the Public Employee
Working in Cupertino category and Wong didn't accept the friendly amendment. The
motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that the West Valley Mayors and Managers would
select representatives for Valley Transportation Authority (VTA) in November and
would send out applications next week.
Council members highlighted the activities of their committees and vanous
community events.
ADJOURNMENT
At 12:34 a .m. on Wednesday, September 21, Mayor Chang adjourned the meeting.
GYu~~ti
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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