CC 02-07-2017CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, February 7, 2017
REGULAR CITY COUNCIL MEETING
At 6:45 p.m. Mayor Savita Vaidhyanathan called the City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre A venue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf and Rod Sinks. Absent: None.
Mayor Vaidhyanathan reordered the agenda to take up item No. 13 before Item No. 12.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation in memory of Cupertino resident Gin Lu "Tommy" Shwe
Recommended Action: Present proclamation in memory of Cupertino resident
Gin Lu "Tommy" Shwe
Mayor Vaidhyanathan presented the proclamation in memory of Cupertino resident
Gin Lu "Tommy" Shwe to Tommy Shwe's family.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Shashi Rekha Alur talked about making stress free violence free schools and the YES! for
Schools program on March 10 (Distributed a handout)
The following people spoke about human rights violations in China and the Hard to Believe
movie screening at Bluelight Cinemas on February 8 (Distributed handouts):
Chun Lee
Mei Chen
City Council
Sophie Liu
Li Juan Tang
Cliff Chen
Christian Lambert
Sharon Roan
Lee
MINUTES
Taghi Saadati talked about parking and street sweeping on Elmsford Drive.
February 7, 2017
Jean Beadord, on behalf of Dolly Sandoval, talked about the Planning Commission
appointments.
Art Cohen, on behalf of Bluelight Cinemas, talked about upcoming events.
Fariba Narjat, on behalf of the Iranian Federated Women's Club, talked about the Iranian Film
Festival at Bluelight Cinemas on March 12.
Danessa Techmanski talked about potential uses for the Stocklmeier property.
CONSENT CALENDAR
Chang moved and Sinks seconded to approve the items on the Consent Calendar as presented.
Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent:
None.
2. Subject: Approve the January 24 City Council minutes
Recommended Action: Approve the January 24 City Council minutes
3. Subject: Accept Accounts Payable for the period ending December 2, 2016
Recommended Action: Adopt Resolution No. 17-006 accepting Accounts Payable for
the period ending December 2, 2016
4. Subject: Accept Accounts Payable for the period ending December 9, 2016
Recommended Action: Adopt Resolution No. 17-007 accepting Accounts Payable for
the period ending December 9, 2016
5. Subject: Accept Accounts Payable for the period ending December 16, 2016
Recommended Action: Adopt Resolution No. 17-008 accepting Accounts Payable for
the period ending December 16, 2016
City Council MINUTES February 7, 2017
6. Subject: Accept Accounts Payable for the period ending December 22, 2016
Recommended Action: Adopt Resolution No. 17-009 accepting Accounts Payable for
the period ending December 22, 2016
7. Subject: Accept Accounts Payable for the period ending December 31, 2016
Recommended Action: Adopt Resolution No. 17-010 accepting Accounts Payable for
the period ending December 31, 2016
8. Subject: Approval of Bay Area Governments (ABAG) Regional Collaborative
Services Agreement with Property Assessed Clean Energy (PACE) Providers and
Adoption of Resolutions Authorizing Membership in the California Enterprise
Development Authority, Golden State Finance Authority, Western Riverside
Council of Governments, and the California Statewide Community Development
Authorities and to participate in the PACE programs
Recommended Action: 1. Adopt Resolutions to join the following joint power agencies
and participate in their PACE programs
a. California Enterprise Development Authority (Figtree PACE Program),
Resolution No. 17-011
b. Golden State Finance Authority (Ygrene PACE Program), Resolution Nos. 17-012
and 17-013
c. Western Riverside Council of Governments (California HERO PACE
Program),
Resolution No. 17-014
d. California Statewide Communities Development Authority (Open PACE
Program), Resolution No. 17-015; and
2. Authorize the City Manager to approve and sign the acknowledgement and
addendums of the Association of Bay Area Governments (ABAG) Regional
Collaborative Services Agreement, as executed between ABAG and Residential
PACE Providers, and execute any other document necessary to carry out the City's
membership in each of the PACE Providers listed above
Written communications for this item included an amended staff report.
9. Subject: Application for Alcohol Beverage License for PEFF LLC (dba Enzo 's
Restaurant), 21275 Stevens Creek Boulevard, Ste. 510
10 .
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
PEFF LLC (dba Enzo 's Restaurant), 21275 Stevens Creek Boulevard, Ste. 510
Subject: Accept resignation of Parks and Recreation Commissioner Dav id
City Council MINUTES
Fung and direct staff to fill the vacancy
Recommended Action: Accept resignation of Parks and Recreation
Commissioner David Fung and direct staff to fill the unscheduled vacancy:
a.) Application deadline date of Friday, March 10; and
b.) Interview date of Tuesday, March 21
February 7, 2017
11. Subject: Transfer of funds for expenses related to Mayor Vaidhyanathan's participation
in Silicon Valley Leadership Group's annual D.C. Advocacy Trip on March 17-19 to
meet with Congressional and Agency officials regarding funding for city and regional
priorities
Recommended Action: Transfer $2,000 to cover all costs, not limited to travel
expenses, lodging and food, for the Mayor's participation in SL VG' s annual D.C.
Advocacy Trip
Written communications for this item included an amended staff report.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
12. Subject: Petition for Reconsideration regarding the City Council decision of December 6,
2016, denying Petitioner Kimberly Sandstrom' s appeal of the determination that she is
ineligible to purchase a Below Market 13-ate (BMR) unit
Recommended Action: Staff recommends that the City Council:
1. Consider the Petition for Reconsideration (Attachment B-1) and deny it for its
failure to meet the requirements of Cupertino Municipal Code (CMC)
Section 2.08.096 and adopt Resolution No. 17-016 (Attachment A-1); or, in the alternative;
2. Conduct a hearing to reconsider its decision of December 6, 2016 based upon
the new evidence and grounds proffered by Petitioner, if Council determines that
the Petition meets the requirements of Cupertino Municipal Code section 2.08.096,
and affirm its decision denying Petitioner's appeal
Written communications for this item included a staff PowerPoint presentation.
Mayor Vaidhyanathan said that she served as an uncompensated advisor to West Valley
Community Services (WVCS) and would be fair and impartial during the hearing.
Councilmember Scharf said that he was not on Council during the first hearings but he
attended the meetings and reviewed the case.
Senior Planner Kerri Heusler reviewed the staff r eport via a PowerPoint presentation.
City Council MINUTES
Assistant City Manager Aarti Shrivastava answered questions from Council.
Petitioner Kimberly Sandstrom spoke about her case.
Mayor Vaidhyanathan opened the public hearing and Jennifer Griffin spoke.
Mayor Vaidhyanathan closed the public hearing.
February 7, 2017
· Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 17-016 denying the
Petition for Reconsideration for its . failure to meet the requirements of Cupertino
Municipal Code (CMC) Section 2.08.096. The motion carried with Scharf abstaining.
ORDINANCES AND ACTION ITEMS
13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of
Ordinance No. 724 and Resolution No. 16-136
Recommended Action: Note objections and adopt Resolution No. 17-017 ordering
abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No.
724 and Resolution No. 16-136
Deputy City Clerk Kirsten Squarcia reviewed the staff report.
Steve Azar and Kathy Khodi-Elhami spoke.
Chang moved and Scharf seconded to adopt Resolution No . 17-017 ordering abatement
of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and
Resolution No. 16-136. The motion carried unanimously.
14. Subject: An Ordinance of the City Council of the City of Cupertino Amending
Title 11 Chapter 11.08 Sections 11.08 .160 and 11.08.180 of the Cupertino Municipal Code
Regarding Restrictions on Riding Bicycles on Sidewalks and Pedestrian Paths
Recommended Action: Conduct first reading of Ordinance No. 17-2161, An Ordinance
of the City Council of the City of Cupertino Amending Title 11 Chapter 11.0 8
Sections 11.08.160 and 11.08 .180 of the Cupertino Municipal Code Rega r ding Restrictions
on Riding Bicycles on Sidewalks and Pedestrian Paths
Written communications for this item included a staff PowerPoint presentation.
Director of Public Works Timm Borden reviewed the staff report.
St aff an swere d ques ti on s from Council.
City Council MINUTES February 7, 2017
15.
Mayor Vaidhyanathan opened the public hearing an-d the following people spoke:
Wynn Kageyama, League Cycling Instructor
Tom Schaefer
Art Cohen
Larry Dean
Leslie Larson
Luke Lang
Jiali Gao
Captain Rich Urena
Mayor Vaidhyanathan closed the public hearing.
Bicycle Pedestrian Commissioner Jennifer Shearin and staff answered questions from
Council.
Deputy City Clerk Kirsten Squarcia read the title of the ordinance.
Paul moved and Chang seconded to read Ordinance No. 17-2161 by title only and that
the City Clerk's reading would constitute the first reading thereof. A yes : Vaidhyanathan,
Paul, and Chang. Noes: Scharf and Sinks. Abstain: None. Absent: None.
Council also directed staff to continue using the Bicycle Pedestrian Commission to
support outreach for training, education, and signage.
Subject: Fee waiver request by Pacific
(PCFMA) for costs incurred related to a
market at the Creekside Park north parking
calendar year
Coast Farmers Market Association
Special Event Permit for a farmer's
lot on Friday mornings for the 2017
Recommended Action: Staff recommends adoption of Resolution No. 17-018 "A
resolution of the City Council of the City of Cupertino waiving costs incurred
related to the use of the Creekside Park north parking lot by the Pacific Coast
Farmer's Market Association every Friday morning for the 2017 calendar year"
Written communications for this item included a staff map and a resident email.
Economic Development Manager Angela Tsui reviewed the staff report.
Mayor Vaidhyanathan opened the public hearing and the following people spoke:
City Council MINUTES February 7 , 2017
Sujatha Venkatraman, West Valley Community Services
Jennifer Griffin
Tom Schaefer
Jennifer Shearin
Jorge Vega
Mayor Vaidhyanathan closed the public hearing.
Sinks moved and Chang seconded to adopt Resolution No. 17-018 "A resolution of the
City Council of the City of Cupertino waiving costs incurred related to the use
of the Creekside Park north parking lot by the Pacific Coast Farmer's Market
Association every Friday morning for the 2017 calendar year". The motion carried
unanimously.
Council also directed staff to look at traffic patterns near Creekside and Cupertino High
School to alleviate possible congestion.
Council went into recess at 10:06 p.m. and reconvened at 10:14 p.m.
REPORTS BY COUNCIL AND STAFF
16. Subject: Update on Status of I-280/Wolfe Road Interchange Improvements Project
Recommended Action: Receive update on status of I-280/Wolfe Road Interchange
Improvements Project
17.
Written communications for this item included a staff PowerPoint presentation.
Director of Public Works Timm Borden introduced the staff report and Senior Civil
Engineer David Stillman further reviewed the item via a PowerPoint presentation.
Staff answered questions from Council.
Bill Wagner, Principal from HMH Engineers, answered questions from: Council.
Jennifer Griffin and Tom Schaefer spoke.
Council received the update.
Subject: Update on Status of 2016 Cupertino Bicycle Transportation Plan
Implementation
City Council MINUTES February 7, 2017
Recommended Action: Receive update on status of 2016 Cupertino Bicycle
Transportation Plan Implementation
Written communications for this item included a staff Power Point presentation.
Senior Civil Engineer David Stillman reviewed the staff report via a PowerPoint
presentation.
Staff answered questions from Council.
The following people spoke:
Jennifer Griffin
Steve Elich
Larry Dean
Taghi Saadati
Tom Schaefer
Council received the update.
18. 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 requested staff halt the Verizon cell tower project at City Hall until the tower
aesthetics are addressed and the power mains are hooked up; and bring an item to a
future Council meeting to discuss working with the Cities Association of Santa Clara
County for a regional approach to human rights advocacy.
ADJOURNMENT
At 11 :57 p.m., Mayor Vaidhyanathan adjourned the meeting.
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