CC 11-07-2017CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 7, 2017
SPECIAL CITY COUNCIL MEETING
At 5:30 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in the
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.
Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting.
1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney
Mayor Vaidhyanathan reported that Council gave direction to staff.
2. Subject: Conference with Legal Counsel -Anticipated Litigation. Significant exposure to
litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section
54956.9: (one potential case)
Mayor Vaidhyanathan reported that Council gave direction to staff.
3. Subject: Conference with Legal Counsel -Anticipated Litigation. Initiation of litigation
pursuant to subdivision (c) of Government Code Section 54956.9: (one potential case)
Mayor Vaidhyanathan reported that Council gave direction to staff.
Mayor Vaidhyanathan also reported out from the Special Closed Sessions held on Thursday,
November 2 and Monday, November 6.
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
City Council Minutes November 7, 2017
Mayor Vaidhyanathan reported that no direction was given by Council.
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
Mayor Vaidhyanathan reported that Council gave direction to staff.
REGULAR CITY COUNCIL MEETING
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. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip
Recommended Action: Receive presentation from Toyokawa Sister City regarding recent
student exchange trip
2.
3.
Alysa Sakkas from the Toyokawa Sister City Committee introduced the students. Each
student talked about his or her favorite memory from the trip.
Council received the presentation.
Subject: Presentation by Bhubaneswar Sister City Committee regarding recent trip
Recommended Action: Receive presentation by Bhubaneswar Sister City Committee
regarding recent trip
Mahesh Pakala from the Bhubaneswar Sister City Committee gave a presentation regarding
the recent trip to Bhubaneswar.
Council received the presentation.
Subject: Certificates of appreciation and presentation by Youth Services Through Cultural
Arts (YSTCA) regarding fundraising for West Valley Community Services
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Recommended Action: Present certificates and receive presentation by Youth Services
Through Cultural Arts (YSTCA) regarding fundraising for West Valley Community
Services
Written communications for this item included a presentation.
Students from YSTCA gave a presentation regarding fundraising for West Valley
Community Services.
Council received the presentation and Mayor Vaidhyanathan presented Certificates of
Appreciation to the students.
4. Subject: Presentation from the Cupertino Chamber of Commerce regarding community
outreach
Recommended Action: Receive presentation from the Cupertino Chamber of Commerce
regarding community outreach
Andrew Walters, Vice President of the Cupertino Chamber of Commerce and President-
elect for 2018 gave a presentation regarding community outreach.
Council received the presentation.
5. Subject: Library Commission Accomplishments and Work Plan Presentation
Recommended Action: Receive presentation of the Library Commission Accomplishments
and Work Plan
Written communications for this item included a presentation .
. Library Commissioner Liana Crabtree and Community Librarian Clare Varesio gave a
presentation regarding accomplishments and the Work Plan.
Council received the presentation.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Kelli Richards talked about Vallco redevelopment.
Fariba Nejat talked about Valko redevelopment.
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Tim McRae from Silicon Valley Leadership Group talked about the upcoming Turkey Trot and
Mayor's Cup challenge.
Jennifer Griffin talked about the San Jose Urban Villages project.
Kevin McClelland on behalf of Chamber of Commerce talked about Valko redevelopment and
the Silicon Valley Startup Cup.
Kinjal Buch talked about Valko redevelopment.
Sandy James talked about the upcoming Veteran's Day celebration at Memorial Park on
November 11 at 11:00 a.m.
Mark Brodsky talked about building a transit plaza.
Jean Bedord talked about Library technology.
John C. Muskivitch talked about the good things in Cupertino and Valko redevelopment.
Richard Lowenthal talked about Valko redevelopment.
Vicky Tsai thanked Council for support of the Hsinchu Sister City Committee and Valko
redevelopment.
Liang-Fang Chao talked about the recent forum on regional planning sponsored by Better
Cupertino.
CONSENT CALENDAR
Paul moved and Chang seconded to approve the items on the Consent Calendar as presented
with the exception of item numbers 8, 9, and 11 which were pulled for discussion. Ayes:
Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: None.
6.
7.
Subject: Approve the October 17 City Council minutes
Recommended Action: Approve the October 17 City Council minutes
Subject: Treasurer's Investment Report for Quarter Ending September 30, 2017
Recommended Action: Accept the Treasurer's Investment Report for Quarter Ending
September 30, 2017
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City Conncil Minutes November 7, 2017
8. Subject: Bay Area Air Quality Management District Proposed Reduction of Risk from Air
Toxic Emissions at Existing Facilities
9.
Recommended Action: Adopt a position of support on the Bay Area Air Quality
Management District's proposed Regulation 11, Rule 18: Reduction of Risk from Air Toxic
Emissions at Existing Facilities
Written communications for this item included emails to Council.
Councilmember Sinks recused himself from voting on this item and left the dais.
Deputy City Manager Jaqui Guzman reviewed the staff report.
The following individuals spoke on this item:
John Bartas on behalf of Bay Area Clean Environment
Robert Hogin (distributed written comments)
Paul moved and Scharf seconded to adopt a position of support on the Bay Area Air Quality
Management District's proposed Regulation 11, Rule 18: Reduction of Risk from Air Toxic
Emissions at Existing Facilities and authorize the Mayor to send a letter of support. The
motion carried with Sinks recusing.
Subject: Donation for the implementation of the 2016 Bicycle Transportation Plan
Recommended Action: Accept a donation in the amount of $1,800,000 for the
implementation of the 2016 Bicycle Transportation Plan and approve a Budget
Appropriation in the amount of $1,800,000 in the Capital Improvement Fund (420-99-036
900-905) for the first phase of the Stevens Creek Boulevard Separated Bike Lane Project
Councilmember Sinks recused himself from voting on this item and remained off the dais.
Director of Public Works Timm Borden reviewed the staff report.
Jennifer Griffin spoke on this item.
Vaidhyanathan moved and Chang seconded to accept a donation in the amount of
$1,800,000 for the implementation of the 2016 Bicycle Transportation Plan and approve a
Budget Appropriation in the amount of $1,800,000 in the Capital Improvement Fund (420-
99-036 900-905) for the first phase of the Stevens Creek Boulevard Separated Bike Lane
Project. The motion carried with Sinks recusing.
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City Council Minutes November 7, 2017
10. Subject: Application for Alcohol Beverage License for Galpao Gaucho Three, LLC ( dba
Galpao Gaucho), 19780 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Galpao Gaucho Three,
LLC (dba Galpao Gaucho), 19780 Stevens Creek Boulevard
11. Subject: One Bay Area Grant Cycle 2 Application Resolution of Local Support
Recommended Action: Adopt Resolution No. 17-104, authorizing an application to the
Metropolitan Transportation Commission (MTC) for $769,000 in funding from the One Bay
Area Grant Program, regional discretionary funding, appropriating $110,000 in necessary
matching funds, and assuring the completion of the Project in accordance with the
application.
Councilmember Sinks returned to the dais.
Director of Public Works Timm Borden reviewed the staff report.
Jennifer Griffin spoke on this item.
Chang moved and Sinks seconded to adopt Resolution No. 17-104, authorizing an
application to the Metropolitan Transportation Commission (MTC) for $769,000 in funding
from the One Bay Area Grant Program, regional discretionary funding, appropriating
$110,000 in necessary matching funds, and assuring the completion of the Project in
accordance with the application. The motion carried unanimously.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS -None
ORDINANCES AND ACTION ITEMS
12. Subject: Approve the second amendment to Employment Contract for the City Attorney
and amend the Appointed Employees' Compensation Program
Recommended Action: Adopt Resolution No. 17-105, approving the second amendment to
the employment contract for the City Attorney and authorizing the Mayor to execute the
contract; and Adopt Resolution No. 17-106, amending the Appointed Employees'
Compensation Program to reflect changes in compensation for the City Attorney.
Director of Administrative Services Kristina Alfaro reviewed the staff report.
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City Council Minutes November 7, 2017
Vaidhyanathan moved and Chang seconded to approve as amended a salary increase for
the City Attorney to $21,300 annual base salary, effective 9/6/17, and that the City Attorney
agreed to not cash out his administrative leave during the term of contract. Council
directed staff to amend the City Attorney Employment Agreement and Resolution No. 17-
105 to conform to this direction. Staff was also directed to amend the salary schedule on the
Appointed Employee's Compensation Program and Resolution No. 17-106 to conform to
Council's direction. The motion carried with Chang, Paul, and Scharf voting yes, and Sinks
and Vaidhyanathan voting no.
13. Subject: Amend Cupertino Municipal Code Chapter 11.24, "Stopping, Standing and
Parking -Public Streets, Section 11.24.170, Limitation on Certain Streets to Establish 2-hour
Parking on a Portion of Valko Parkway (continued from October 17).
Recommended Action: Conduct the first reading of Ordinance No 17-2169: "An Ordinance
of the City Council of the City of Cupertino Amending Section 11.24, "Stopping, Standing
and Parking -Public Streets, Section 11.24.170, Limitation on Certain Streets to Establish 2-
hour Parking on a Portion of Valko Parkway".
Director of Public Works Timm Borden reviewed the staff report.
The developer spoke on this item and answered questions from Council.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Paul seconded to read Ordinance No. 17-2169 by title only and that the
City Clerk's reading would constitute the first reading thereof. Ayes: Chang and Paul.
Noes: Scharf, Sinks, and Vaidhyanathan. Abstain: None. Absent: None. The motion failed.
Sinks moved and Scharf seconded to continue the item to a future meeting and directed
staff to work with the developer to find a solution that would be revenue neutral to the
City and analyze the expected entire cost. The motion carried with Chang voting no.
REPORTS BY COUNCIL AND STAFF
14. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that there would be a special study session regarding
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recent housing legislation impacts tentatively scheduled on November 28 at 6:45 p.m.
Paul and Scharf concurred to agendize prior to the end of the year, a discussion regarding
provisions of SB35 and possible impacts on the Valko Specific Plan.
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 10:37 p.m., Mayor Vaidhyanathan adjourned the meeting in memory of the victims of the
recent shooting in San Antonio, Texas.
Grace Schmidt, City Clerk
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