CC 10-03-2017CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 3, 2017
SPECIAL CITY COUNCIL MEETING
At 6:45 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in
the City Hall Conference Room A, 10300 Torre A venue.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf. Absent: Councilmember Rod Sinks.
Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino
Community Hall Council Chambers, 10350 Torre A venue for the Regular Meeting.
1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant Exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9 -Two Cases
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
2. Subject: Conference with Real Property Negotiators (Government 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
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
3. Subject: Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020.
Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan Sievert, on
behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment
Mayor Vaidhyanathan reported that the City Council gave direction to staff.
REGULAR CITY COUNCIL MEETING
City Council Minutes October 3, 2017
ROLL CALL
At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
the Cupertino Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of
Allegiance.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf, and Rod Sinks.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation recognizing Monta Vista High School student Karen Ma for her
great efforts to help promote City trees
Recommended Action: Present proclamation recognizing Monta Vista High School
student Karen Ma for her great efforts to help promote City trees
City Arborist Jonathan Ferrante recognized Karen Ma's hard work and Karen said a few
words.
Mayor Vaidhyanathan presented the proclamation recogrnzmg Monta Vista High
School student Karen Ma for her great efforts to help promote City trees.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Jennifer Griffin talked about the former Elephant Bar space, Capitola mall, and the San Jose
Urban Village development.
Peter Leroe-Munoz on behalf of Silicon Valley Leadership Group talked about the Silicon
Valley Turkey Trot being held on November 23 in San Jose (distributed written comments).
Cathy Helgerson talked about Lehigh Southwest Cement and Quarry and the Stevens Creek
Quarry.
Dolly Sandoval talked about the Fremont Union High District (FUHSD) adult school
temporarily occupying the Valko mall.
Randy Shingai talked about the Stern Hotel development site in San Jose (distributed written
comments).
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City Council Minutes October 3, 2017
Jean Bedord talked about an adult learner school rental property agreement between the
FUHSD and Sandhill Properties.
Ajosh Antony talked about the Bubb Road and McClellan Road intersection and adjacent
railroad crossing (presented overhead image).
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.
3.
4.
5.
Subject: Approve the September 19 City Council minutes
Recommended Action : Approve the September 19 City Council minutes
Subject: Award and authorize the City Manager to execute a construction contract for
the Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12)
Recommended Action: 1. Award and authorize the City Manager to execute a
construction contract for the Retaining Wall Replacement-Regnart Road Project with
DMZ Builders in the amount of $343,133; and 2. Authorize a construction contingency
budget of $34,000, approximately 10% of the contract amount, to address unforeseen
conditions during construction, for a total of $377,133
Subject: Cancel the January 2, 2018 City Council meeting
Recommended Action: Cancel the January 2, 2018 City Council meeting
Subject: Receive report on commissions and committees
January 30, 2018, and select an application deadline date
interview dates of January 22 and 23, 2018.
with terms expiring
of January 12, 2018 and
Recommended Action: a.) Receive report on commissions and committees with
terms expiring January 30, 2018; and
b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and
interviews beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for
commissions with terms expiring January 30, 2018.
SECOND READING OF ORDINANCES
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6. Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the
Cupertino Municipal Code to Adopt and Implement the City's Transportation
Impact Fee Program
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City Council Minutes October 3, 2017
Recommended Action: Conduct the second reading and enact Ordinance No.
17-2168 : "An Ordinance of the City Council of the City of Cupertino adding
Chapter 14 .02 to the Cupertino Municipal Code to Adopt and Implement the City's
Transportation Impact Fee Program"
Deputy City Clerk Kirsten Squarcia read the title of the ordinance.
Jennifer Griffin talked about requiring developer fees for impacts of new traffic from a
development.
Cathy Helgerson talked about traffic and potential impacts relating to the Apple
Campus 2, The Oaks, and Good Year Tire sites.
Staff answered questions from Council.
Chang moved and Sinks seconded to read Ordinance No. 17-2168 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes:
Vaidhyanathan, Paut Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
None.
Chang moved and Sinks seconded to enact Ordinance No. 17-2168. Ayes:
Vaidhyanathan, Paut Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent:
None.
PUBLIC HEARINGS-None
ORDINANCES AND ACTION ITEMS
7. Subject: Approval of the Library Commission's recommendation of Kaecey McCormick
for the appointment of the new Cupertino Poet Laureate
Recommended Action: AdoptResolution No. 17-096 approving the Library
Commission recommendation and appoint the new Cupertino Poet Laureate
Jean Bedord talked about the creation of the Cupertino Poet Laureate position.
Library Commission Vice Chair Christie Wang made a short presentation and
introduced Kaecey McCormick as the new Cupertino Poet Laureate.
Kaecey McCormick talked about her background and read one of her poems.
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City Council Minutes October 3, 2017
Sinks moved and Chang seconded to adopt Resolution No. 17-096 approving the Library
Commission recommendation and appointing the new Cupertino Poet Laureate. The
motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
8. 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.
ADJOURNMENT
At 8:26 p.m., Mayor Vaidhyanathan adjourned the meeting in memory of the victims and
families of the recent mass-shooting in Las Vegas, Nevada .
. ~
ty City Clerk
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