CC 11-01-2016CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 1, 2016
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Acting Mayor Savita Vaidhyanathan 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: Vice Mayor Savita Vaidhyanathan, and Councilmembers Darcy Paul, Rod Sinks and
Gilbert Wong. Absent: Mayor Barry Chang.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Recognize student artists for participating in phase 2 of the Citywide
"Energized by Art" Utility Box Pilot Project
Recommended Action: Present proclamations
Acting Mayor Vaidhyanathan presented the proclamations.
2. Subject: Presentation regarding Platinum Level Beacon Spotlight Award for Energy
and Best Practices given to Cupertino from Institute of Local Government
Recommended Action: Receive presentation regarding Platinum Level Beacon
Spotlight Award for Energy and Best Practices given to Cupertino from Institute of
Local Government
Written communications for this item included information regarding the Platinum
Level Beacon Spotlight Award.
Council received the presentation regarding Platinum Level Beacon Spotlight Award
for Energy and Best Practices given to Cupertino from Institute of Local Government.
City Council
POSTPONEMENTS-None
ORAL COMMUNICATIONS
Minutes November 1, 2016
Danessa Techmanki talked about Sand Hill Property Company development in Cupertino.
Muni Madhaipatala talked about concern over school crowding and traffic congestion with
new development.
Caryl Gorska talked about concern over office space proposed at the Valko development and
not enough green space.
Joan Chin talked about support for the Better Cupertino group.
Brooke Ezzat speaking on behalf of the Cupertino Residents for Sensible Zoning Action
Committee talked about illegal political signs displayed in Cupertino.
Lisa Warren talked about concern over General Plan issues the last couple of years and the
need to change the status quo.
Laura Jones from the Santa Clara County Public Health Department talked about the
upcoming Healthy Cities Conference on November 18 at the San Jose Tech Museum. She
distributed written information about the event.
Steven Scharf speaking on behalf of the Cupertino Residents for Sensible Zoning Action
Committee talked about concern over issues happening with the upcoming election such as
illegal signs displayed in Cupertino.
Liang Chao talked about Cupertino measures on the upcoming election ballot.
Jon Willey talked about Ethics Week and the upcoming election in Cupertino.
Scott Lane talked about transit and Measure Bon the upcoming election ballot.
Gary Wesley talked about Measure Bon the upcoming election ballot.
Xiaowen Wang talked about the portion of the Cupertino General Plan which discusses
Neighborhoods Special Area and Measure Con the upcoming Cupertino election ballot.
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City Council Minutes November 1, 2016
Andrew Boone speaking on behalf of the Sierra Club Loma Prieta Chapter talked about
Measure B on the upcoming election ballot.
Ignatius Ding talked about concern over City code violations in Cupertino such as illegal
political signs displayed in Cupertino.
Sandra Oh talked about too many signal lights on Stevens Creek Boulevard which slows the
flow of traffic.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented
with amendments to item numbers 5 and 6 per the desk items. Ayes: Vaidhyanathan, Paul,
Sinks and Wong. Noes: None. Abstain: None. Absent: Chang. Recuse: Sinks recused on item
number 7.
3.
4.
5.
Subject: Approve the October 18 City Council minutes
Recommended Action: Approve the October 18 City Council minutes
Subject: Amend interview dates to Monday and Tuesday, January 30 and 31 for
commissions with terms expiring January 30, 2017 beginning at 5:00 p.m.
Recommended Action: Amend interview dates to Monday and Tuesday, January 30
and 31 for commissions with terms expiring January 30, 2017 beginning at 5:00 p.m.
Subject: Approve the First amendment of the Employment Contract for the City
Attorney and Appointed Employee's Compensation Program.
Recommended Action: 1. Adopt Resolution No. 16-111 approving the First
Amendment to the Employment Contract for the City Attorney. 2. Adopt Resolution
No. 16-112 approving Amendment to the Appointed Employee's Compensation
Program
Written communications for this item included an amended staff report, amended
redline contract and clean amended contract.
6. Subject: Approve the Fourth amendment of the Employment Contract for the City
Manager and Appointed Employees' Compensation Program.
Recommended Action: 1. Adopt Resolution No. 16-113 approving the Fourth
Amendment to the Employment Contract for the City Manager; and 2. Adopt
Resolution No. 16-114 amending the Appointed Employees' Compensation Program
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City Council Minutes November 1, 2016
7.
Written communications for this item included an amended staff report, redline
amended contract and clean amended contract.
Subject: New contracts and contract amendments for professional building department
services for Apple Campus 2
Recommended Action: 1) Authorize the City Manager to: a. Execute Agreement with
West Coast Code Consultants, Inc. for professional building department services at
Apple Campus 2 for a total amount not to exceed $821,720.00; and b. Execute
Agreement with CSG Consultants, Inc. for plan review services at Apple Campus 2 for
a total amount not to exceed $1,120,000.00; and c. Execute the Second Amendment to
Agreement 14-028 with 4LEAF, Inc. for Apple Campus 2 Phase 1 building inspection
services and public works inspection services to increase the previously authorized
contract amount by $4,761,376.00 for a total amount not to exceed $15,126,478.00; and d.
Execute the First Amendment to Agreement 15-146 with 4LEAF, Inc. for Apple
Campus 2 Phase 2 building inspection services to increase the previously authorized
contract amount by $567,531.00 for a total amount not to exceed $914,787.00; and 2)
Authorize the City Manager to execute contract amendments to the extent that the costs
are recovered from the project applicant
SECOND READING OF ORDINANCES
8. Subject: Second Reading of an ordinance to repeal and replace Cupertino Municipal
Code Chapter 16.52 regarding prevention of flood damage for properties within the
City
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2154:
"An Ordinance of the City Council of the City of Cupertino to repeal and replace
Cupertino Municipal Code Chapter 16.52 regarding prevention of flood damage for
properties within the City"
City Clerk Grace Schmidt read the title of Ordinance No. 16-2154.
Wong moved and Sinks seconded to read Ordinance No. 16-2154 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: Chang.
Wong moved and Sinks seconded to enact Ordinance No. 16-2154. Ayes:
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: Chang.
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City Council Minutes November 1, 2016
PUBLIC HEARINGS
9. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase
Below Market Rate (BMR) Unit (Continued from October 4)
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
Wong moved and Paul seconded to continue the item 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 to December 6 when
all Council members would be present. Vaidhyanathan offered a friendly amendment
to continue the item to November 15. The friendly amendment was not accepted since
not all Council members would be present on November 15. The motion carried
unanimously with Chang absent.
10. Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino
Municipal Code adopting the California Buildings Standards Code and Fire Code and
making local exceptions as mandated by the State of California
Recommended Action: 1. Conduct the first reading of Ordinance No. 16-2155: an
"Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02,
16.04, 16.06, 16.16, 16,24, 16.40, 16.54, 16.58, and 16.80 Repealing Chapter· 16.42 of Title
16 of the Cupertino Municipal Code adopting the 2016 California Building, Residential,
Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Building Code,
Green Building Standards Codes with Certain Exceptions, Modifications, and
Additions"; and 2. Adopt Resolution No. 16-115 making factual findings with respect
to the local geological, topographical, and climatic conditions necessary to make local
amendments to the California Building Standards Code
Written communication for this item included a staff PowerPoint presentation and a
redline ordinance.
Building Official Albert Salvador and Senior Building Inspector Mike Wayne reviewed
the staff report via a Power Point presentation.
Deputy Chief John Justice and staff answered questions from Council.
City Clerk Grace Schmidt read the title of Ordinance No. 16-2155 .
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City Council Minutes November 1, 2016
Wong moved and Sinks seconded to read Ordinance No. 16-2155 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes:
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: Chang.
Wong moved and Sinks seconded to adopt Resolution No. 16-115 making factual
findings with respect to the local geological, topographical, and climatic conditions
necessary to make local amendments to the California Building Standards Code. The
motion carried unanimously with Chang absent.
11. Subject: Extension of the moratorium on the establishment, expansion, or relocation of
payday lending and check cashing businesses within the City of Cupertino and the
introduction of an ordinance amending Chapter 19.08, Definitions, of the Municipal
Code to add definitions of "financial institutions" and "banks" that expressly exclude
payday lending and check cashing businesses with the intent to disallow such uses
from operating with the City of Cupertino. Application No(s): MCA-2016-04;
Applicant(s): City of Cupertino; Location: Citywide
Recommended Action: 1. Enact Ordinance No. 16-2156: "An Interim Urgency
Ordinance of the City Council of the City of Cupertino extending a Temporary
Moratorium on the establishment, expansion, or relocation of payday lending and
check cashing businesses within the City of Cupertino pending completion of an
update to the City's Zoning Code." 2. Conduct the first reading of Ordinance No. 16-
2157: "An Ordinance of the City Council of the City of Cupertino Amending the
Cupertino Municipal Code, Title 19, Zoning, Section 19.08.030, entitled "Definitions" to
add the definition of "financial institutions" and "banks" to expressly exclude payday
lending and check cashing businesses with the intent to disallow such uses from
operating with the City of Cupertino"
Written communication for this item included a staff PowerPoint presentation.
Representatives from the Coalition Against Payday Predators (CAPP) including Law
Foundation of Silicon Valley, CA Reinvestment Coalition, West Valley Community
Services and Asian Law Alliance offered support for the ordinance.
City Clerk Grace Schmidt read the title of Interim Urgency Ordinance No. 16-2156.
Wong moved and Sinks seconded to read Interim Urgency Ordinance No. 16-2156 by
title only and that the City Clerk's reading would constitute the only reading thereof.
Ayes: Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
Chang.
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City Council Minutes November 1, 2016
Wong moved and Sinks seconded to enact Interim Urgency Ordinance No. 16-2156 .
Ayes: Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent:
Chang.
City Clerk Grace Schmidt read the title of Ordinance No. 16-2157.
Wong moved and Sinks seconded to read Ordinance No. 16-2157 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes:
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: Chang.
ORDINANCES AND ACTION ITEMS -None
REPORTS BY COUNCIL AND STAFF
12. 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.
Council asked staff to revisit the Political Sign Ordinance violations and escalating
fines; and asked the Sustainability Commission to review conservation principles and
best practices in development as proposed by the San Francisco Estuary Project.
ADJOURNMENT
Acting Mayor Vaidhyanathan held a moment of silence in memory of Cupertino
employee Cheryl Mannix-Smith and in memory of Pat Rogers, the husband of former
Mayor Barbara Rogers. Both individuals passed away recently.
At 8:30 p.m., Acting Mayor Vaidhyanathan adjourned the meeting.
Grace Schmidt, City Clerk
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