CC 02-21-2017CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, February 21, 2017
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Mayor Savita Vaidhyanathan called the City Council meeting to order in the
Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul (left the meeting at 8:00 p.m.),
and Councilmembers Barry Chang and Steven Scharf. Absent: Councilmember Rod Sinks.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Presentation of Certificates of Recognition for the Science Fair winners and
Science and Talent Search winners
Recommended Action: Present Certificates of Recognition for the Science Fair winners
and Science and Talent Search winners
Mayor Vaidhyanathan presented the Certificates of Recognition for the Science Fair
winners and Science and Talent Search winners.
POSTPONEMENTS
Chang moved and Paul seconded to postpone item number 10 to March 7. The motion
carried with Scharf voting no and Sinks absent.
ORAL COMMUNICATIONS
Phyllis Dickstein talked about General Plan Amendments
Cristina Suarez talked about Vallco redevelopment
Muni Madhdhipatla talked about retail rezoning
Carlos Almeida on behalf of Pete Heller -talked about The Hills at Valko project and read a
letter from Peter Heller
Luke Lang talked about traffic issues
City Council MINUTES February 21, 2017
Rhoda Fry talked about noise levels at Lehigh (distributed written comments)
Michelle Bazarguin talked about Valko and retail development.
CONSENT CALENDAR
Chang moved and Paul seconded to approve the items on the Consent Calendar as presented.
Ayes: Vaidhyanathan, Paul, Chang and Scharf. Noes: None. Abstain: None. Absent: Sinks.
2.
3.
Subject: Approve the January 30 special meeting (commissions interviews) City Council
minutes
Recommended Action: Approve the January 30 special meeting (commissions interviews)
City Council minutes
Subject: Approve the January 31 special meeting (commissions interviews) City Council
minutes
Recommended Action: Approve the January 31 special meeting (commissions interviews)
City Council minutes
4. Subject: Approve the February 7 City Council minutes
Recommended Action: Approve the February 7 City Council minutes
5. Subject: Sidewalk Renovation-Stevens Creek Blvd (Stelling-De Anza) Project, No. 2017-21
Recommended Action: Authorize the City Manager to award and execute a construction
contract with JJR Construction, Inc. in the amount of $179,795 and approve a construction
contingency of $18,000 for a total of $197,795
6. Subject: Approve a semi-rural designation eliminating the requirement for sidewalks on a
portion of San Fernando Avenue, south of the Blackberry Farm Entrance, pursuant to
Ordinance No. 1925
Recommended Action: Adopt Resolution No. 17-019 designating a portion of San
Fernando A venue as semi-rural
7. Subject: Planning Commission's recommendation to select Don Sun as the Environmental
Review Committee representative.
Recommended Action: Accept the Planning Commission's recommendation to the
Environmental Review Committee.
SECOND READING OF ORDINANCES
City Council MINUTES February 21, 2017
8. Subject: Second Reading of an ordinance 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 the second reading and enact Ordinance No. 17-2161:
"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 Regarding Restrictions on Riding Bicycles on
Sidewalks and Pedestrian Paths"
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Paul seconded to read Ordinance No. 17-2161 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paul and Chang. Noes: Scharf. Abstain: None. Absent: Sinks.
Chang moved and Paul seconded to enact Ordinance No. 17-2161. Ayes: Vaidhyanathan,
Paul and Chang. Noes: Scharf. Abstain: None. Absent: Sinks.
PUBLIC HEARINGS
9. 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 for increased costs of operation and maintenance
by the California Public Utilities Commission, 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. Postpone determination of reasonableness
of the requested 3.83 % rate increase until such time that San Jose Water Company
provides to City relevant cost (repair, maintenance, operation) and relevant revenue data
specific to the customers serviced by the Cupertino Municipal Water System.
Written communications for this item included emails to Council.
Director of Public Works Timm Borden reviewed the staff report.
Staff answered questions from Council.
Mayor Vaidhyanathan opened the public hearing and the following individuals spoke.
City Council MINUTES February 21, 2017
Dave Mcleroy
Luke Lang
Michelle Bazarguin
Bindu Srikantappa
John Tang from San Jose Water Company answered questions from Council.
Mayor Vaidhyanathan closed the public hearing.
Vice Mayor Paul left the meeting before the vote.
Chang moved and Scharf seconded to 1. Hold a Public Hearing on proposed Cupertino
Municipal Water System potable water rates and charges, and: 2. Postpone determination
of reasonableness of the requested 3.83% rate increase until such time that San Jose Water
Company provides to City relevant cost (repair, maintenance, operation) and relevant
revenue data specific to the customers serviced by the Cupertino Municipal Water
System. The motion carried with Sinks and Paul absent. This item will be re-noticed.
10. Subject: Review and consider a development proposal submitted (Scandinavian Furniture
Site), for consideration by the City Council, to authorize the proposed applicant to submit
an application for a General Plan Amendment and staff to commence environmental and
project review. (Application No.: GPAAuth-2016-01; Applicant: Kings Mill Group, Keith
Fichtner; Location: 19900 Stevens Creek Boulevard; APN: 369-05-038)
Recommended Action: Staff recommends that the City Council adopt the Resolution No.
17-020 (Attachment A) after determining whether the application is authorized to move
forward to apply for a General Plan Amendment.
Written communications for this item included an email from the applicant.
Under postponements, this item was continued to March 7.
ORDINANCES AND ACTION ITEMS-None
REPORTS BY COUNCIL AND STAFF
11. 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.
City Council MINUTES February 21, 2017
ADJOURNMENT
At 8:17 p.m., Mayor Vaidhyanathan adjourned the meeting.
~~Mt
Grace Schmidt, City Clerk