CC 01-24-2017CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, January 24, 2017
SPECIAL CITY COUNCIL MEETING
At 5:00 p.m. Mayor Savita Vaidhyanathan called the City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf and Rod Sinks. Absent: None.
CLOSED SESSION
1. Subject: Conference with Legal Counsel-Existing litigation (Paragraph (1) of
subdivision (d) of Gov't Code Section 54956.9). Name of Case: Alice Palmer v. City of
Cupertino, et al., Santa Clara County Superior Court Case No. 16 CV301228
Mayor Vaidhyanathan announced that Council gave direction to staff. Sinks recused.
2. Subject: Conference with Legal Counsel-Existing litigation (Paragraph (1) of
subdivision (d) of Gov't Code Section 54956.9); Name of Case: Committee Supporting
Cupertino Citizen's Sensible Growth Initiative, et al. v. City of Cupertino, et al., Santa
Clara County Superior Court Case No. 16 CV296322; Court of Appeal, Sixth Appellate
District, Case No. H043940
Mayor Vaidhyanathan announced that Council gave direction to staff. Scharf recused.
3. Subject: Conference with Real Property Negotiators pursuant to Government Code
Section 54956 .8. Properties: APN 375-21-001, Lawrence Expressway at Mitty A venue
and APN 381-19-015, Lawrence Expressway at Doyle Road . Agency Negotiators: Jaqui
Guzman. Negotiating Parties: San Jose Water Company; County Roads and Airports;
City of San Jose. Under Negotiation: Price and terms of payment
Mayor Vaidhyanathan announced that Council gave direction to staff.
City Council Minutes January 24, 2017
At 6:45 p.m. Mayor Savita Vaidhyanathan reconvened the City Council meeting in Cupertino
Community Hall Council Chambers, 10350 Torre A venue.
ROLL CALL
Present: Mayor Savita Vaidhyanathan, and Councilmembers Barry Chang, Steven Scharf and
Rod Sinks. Absent: Vice Mayor Darcy Paul.
CEREMONIAL MATTERS AND PRESENTATIONS
4. Subject: Fine Arts Commission presentation of the Young Artist Award to three
Cupertino elementary school students
Recommended Action: Receive Fine Arts Commission presentation of the Young Artist
Award to three Cupertino elementary school students
Members from the Fine Arts Commission and Mayor Vaidhyanathan presented the
Young Artist Award to three Cupertino elementary school students.
Council received the presentation.
5. Subject: Presentation from the Fine Arts Commission of completed 2016 Work Plan
items
Recommended Action: Receive presentation from the Fine Arts Commission of
completed 2016 Work Plan items
Written communications for this item included a PowerPoint presentation.
Commission Chair Diana Matley presented the Fine Arts Commission completed 2016
Work Plan items via a PowerPoint presentation.
Council received the presentation.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Rick Kitson from Cupertino Chamber of Commerce talked about the Lunar New Year
Luncheon to be held on February 10 at 1:30 p.m. at Dynasty Restaurant. (He distributed a
flyer).
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City Council Minutes January 24 , 2017
Lindsey Gauci from Cupertino Morningmasters Toastmasters Club talked about an open
house being held on January 26 at Bethel Lutheran Church.
Joe Hamilton from Cupertino Rotary talked about what the Rotary Club is and does .
Cathy Helgerson talked about a solution for the revitalization of Valko.
Sabrina Rick thanked Councilmembers for their service and talked about recognizing the
challenges and difficulties in governing.
Chris Moylan District Director for Congressman Ro Khanna introduced himself, conveyed the
Congressman's greetings and encouraged contact if needed.
Dolly Sandoval talked about upcoming commission interviews and appointments and asked
Council to weigh applicant experiences, especially for Planning Commission. (She
distributed written comments).
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as
presented except for item numbers 12, 14 and 17 which were pulled for discussion. Ayes:
Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None.
6.
7.
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Subject: Approve the December 20 City Council minutes
Recommended Action: Approve the December 20 City Council minutes
Subject: Accept Accounts Payable for the period ending November 11, 2016
Recommended Action: Adopt Resolution No. 17-001 accepting Accounts Payable for
the period ending November 11, 2016
Subject: Accept Accounts Payable for the period ending November 18, 2016
Recommended Action: Adopt Resolution No. 17-002 accepting Accounts Payable for
the period ending November 18, 2016
Subject: Accept Accounts Payable for the period ending November 23, 2016
Recommended Action: Adopt Resolution No. 17-003 accepting Accounts Payable for
the period ending November 23, 2016
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10.
11.
12.
13.
14.
Subject: Annual Report for Fiscal Year 2015-2016
Recommended Action: Accept Annual Report from July 1, 2015 to June 30, 2016
(Attachment A)
Subject: Council committee appointments
Recommended Action: Approve Council committee appointments
Subject: Consider adopting a resolution supporting the prohibition of industrial clear-
cut logging in the forests of California
Recommended Action: Adopt Resolution No. 17-004 supporting the prohibition of
industrial clear-cut logging in the forests of California
Deputy City Manager Jaqui Guzman gave some additional information as requested by
Council.
Paul moved and Chang seconded to adopt Resolution No. 17-004 supporting the
prohibition of industrial clear-cut logging in the forests of California. The motion
carried unanimously.
Subject: Letters of support for SB 1 and AB 1 regarding transportation funding
Recommended Action: Direct staff to send letters of support for SB 1 and AB 1 from the
City Manager
Subject: Citywide Parks, Open Space and Recreation Master Plan agreement for
consultant services
Recommended Action: Authorize the City Manager to negotiate and execute a
consultant services agreement for preparation of the Citywide Parks, Open Space and
Recreation Master Plan for a fee not to exceed $210,000 and authorize a contingency
allowance anticipated to be $40,000 and subject to approval of the City Manager.
City Manager David Brandt introduced Jeff Milkes, the new Director of Recreation and
Community Services and gave additional information as requested by Council.
Cathy Helgerson spoke on this item.
Paul moved and Chang seconded to authorize the City Manager to negotiate and
execute a consultant services agreement for preparation of the Citywide Parks, Open
Space and Recreation Master Plan for a fee not to exc eed $210,000 and authorize a
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contingency allowance anticipated to be $40,000 and subject to approval of the City
Manager. The motion carried unanimously.
15. · Subject: 2015 Contractual Janitorial Services -Project No. 2015-23, contract amendment
Recommended Action: Staff recommends Council take the following actions: 1.
Authorize the City Manager to execute an amendment (Attachment A) to the current
janitorial services contract to provide for increased contractor compensation due to the
adoption of City's Minimum Wage Ordinance (Ordinance No. 2151); and 2. Adopt
Resolution No. 17-005 amending approved FY 16/17 Operating Budget by an additional
amount of $35,000 for janitorial services (Attachment B)
16. Subject: Application for Alcohol Beverage License for Gogigo, Inc. (dba Gogigo Korean
BBQ), 10815 N. Wolfe Road, Bldg A Suite A3
Recommended Action: R~commend approval to the California Department . of
Alcoholic Beverage Control of the application for Alcohol Beverage License for Gogigo,
Inc (dba Gogigo Korean BBQ), 10815 N. Wolfe Road, Bldg A Suite A3
17. Subject: 2017 CDBG City-Wide Curb Ramp Installation Project, Project No. 2017-109
Recommended Action: Authorize the City Manager to award and execute a contract
with JJR Construction, Inc., in the amount of $233,100 and approve a construction
contingency of $11,900, for a total of $235,000
Director of Public Works Timm Borden gave additional information as requested by
Council.
Paul moved and Chang seconded to authorize the City Manager to award and execute
a contract with JJR Construction, Inc., in the amount of $233,100 and approve a
construction contingency of $11,900, for a total of $235,000. The motion carried
unanimously.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS -None
ORDINANCES AND ACTION ITEMS -None
REPORTS BY COUNCIL AND STAFF
18 . Subject: Lehigh Cement Plant Noise Monitoring report
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19.
Recommended Action: Receive the Lehigh Cement Plant Noise Monitoring report. No
action is required
Written communications for this item included emails to Council and a staff
PowerPoint presentation.
Assistant Director of Public Works Roger Lee presented the Lehigh Cement Plant Noise
Monitoring report via a PowerPoint presentation.
Consultant Randy Waldeck from CSDA Design Group answered questions from
Council.
The following individuals spoke on this item:
Cathy Helgerson on behalf of Cupertino Citizens Against Pollution (distributed written
comments)
Meir Statman
Tammy White
Amit Butala
Chris Prihe
Janet Geiger
Rhoda Fry (distributed written comments)
Panos Kougiouris
Council received the Lehigh Cement Plant Noise Monitoring report and authorized the
Mayor to send a letter to the County Supervisor and the Department of Planning
requesting a review of the complaints and the hearing, and to characterize the noise
from particular points in the facility during normal operations (maintenance period is
over); and bring the item back to a future Council date for further discussion.
Subject: Report from Valley Transportation Authority (VTA) regarding Next Network
Program
Recommended Action: Receive Report from Valley Transportation Authority (VTA)
regarding Next Network Program
Written communications for this item included the VTA Draft Transit Service Plan and
a PowerPoint presentation.
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Adam Burger, VTA Senior Transportation Planner gave a report regarding the Next
Network Program via a PowerPoint presentation.
Jean Bedord spoke on this item and distributed written comments.
Council received the report.
20. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 10:32 p.m., Mayor Vaidhyanathan adjourned the meeting.
Grace Schmidt, City Clerk
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