CC 12-05-2017CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 5, 2017
SPECIAL CITY COUNCIL MEETING
At 5:15 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, 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 A venue for the Regular Meeting.
CLOSED SESSION
1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney
2.
Mayor Vaidhyanathan announced that Council gave no direction.
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
Mayor Vaidhyanathan announced that Council gave no direction.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Savita Vaidhyanathan called the City Council meeting to order in Cupertino
Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of Allegiance.
ROLL CALL
City Council Minutes December 5, 2017
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry
Chang, Steven Scharf, and Rod Sinks. Absent: None.
ELECTION OF MAYOR AND VICE MAYOR
1.
2.
Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
Mayor Vaidhyanathan asked if anyone wished to speak on this item and there were no
speakers.
Scharf moved and Vaidhyanathan seconded to nominate Darcy Paul as Mayor. The
motion carried unanimously.
Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
Mayor Vaidhyanathan asked if anyone wished to speak on this item and there were no
speakers.
Chang moved and Paul seconded to nominate Rod Sinks as Vice Mayor. The motion
carried unanimously.
OATH OF OFFICE
3.
4.
Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
Newly-elected Mayor Darcy Paul received the Oath of Office from Gilbert Wong, Board
Member of Foothill -De Anza Community College District.
Subject: Vice Mayor takes Oath of Office
Recommended Action: Vice Mayor takes Oath of Office
Newly-elected Vice Mayor Rod Sinks received the Oath of Office from Polly Bove,
Superintendent of Fremont Union High School District.
COMMENTS BY NEW MAYOR
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City Council Minutes December 5, 2017
5. Subject: Comments by new Mayor and presentation of gifts
Recommended Action: Comments by new Mayor and presentation of gifts
Mayor Paul presented out-going Mayor Vaidhyanathan with a gift of a gavel plaque
thanking her for her service as Mayor.
Mayor Paul made comments.
COMMENTS BY COUNCILMEMBERS AND PUBLIC
6. Subject: Comments by Councilmembers
Recommended Action: Comments by Councilmembers
A year-in-review video was shown for outgoing Mayor Savita Vaidhyanathan and she
made comments.
Councilmembers made comments.
7. Subject: Members of the audience are invited to speak (no Speaker Cards necessary)
Recommended Action: Members of the audience are invited to speak
Mayor Paul invited members of the audience to speak and a number of individuals
congratulated the newly-elected Mayor and Vice Mayor, and thanked the outgoing
Mayor for her service.
RECEPTION
8. Subject: The public is invited to attend a reception in the lobby
Recommended Action: The public is invited to attend a reception in the lobby
Mayor Paul invited the public to attend a reception in the lobby to be followed by regular
business items after the recess.
RECESS
Council recessed from 8:15 p.m. to 8:55 p.m.
CEREMONIAL MATTERS AND PRESENTATIONS-None
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City Council
POSTPONEMENTS
Minutes December 5, 2017
9. Subject: Continue Item No. 13 to consider a revised request to demolish an existing
-71,254 sq.ft. commercial shopping center and construct a mixed-use development at the
Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban
(Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -
041) to January 16, 2018 (per applicant request)
Recommended Action: Continue Item No. 13 to consider a revised request to demolish
an existing -71,254 sq.ft. commercial shopping center and construct a mixed-use
development at the Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02;
Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN:
326-27-039, -040 and -041) to January 16, 2018 (per applicant request)
The following individuals spoke on this item:
Cathy Helgerson (Cupertino)
Ignatius Ding (Cupertino)
Jan Kucera (Cupertino)
Peggy Griffin (Cupertino)
Applicant Ken Tersini talked about the reason for the postponement.
Staff answered questions from Council.
Sinks moved and Chang seconded to continue Item No. 13 to January 16, 2018 per
applicant request. The motion carried with Sinks, Chang, and Vaidhyanathan voting yes
and Paul and Scharf voting no.
ORAL COMMUNICATIONS
Joan Chin (Cupertino) talked about new State housing laws and development in Cupertino.
Ed Hirshfield (Cupertino) talked about concerns over transparency on the Council.
Danessa Techmanski (Cupertino) talked about new State housing laws and development in
Cupertino.
Vanessa Su (Cupertino) talked about development and over-crowding of schools.
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City Council Minutes December 5, 2017
Michael Zhang (Cupertino) talked about development in Cupertino and concerns over traffic
and school over-crowding.
Cup Res (Cupertino) talked about State housing laws, the Cupertino General Plan, and
transparency.
Cathy Helgerson (Cupertino) talked about Lehigh and the Stevens Creek Quarry.
Lisa Warren (Cupertino) talked about a residence analysis of the community survey (she
submitted written comments).
Ignatius Y. Ding (Cupertino) talked about development and affordable housing in Cupertino.
CONSENT CALENDAR
Vaidhyanathan moved and Sinks seconded to approve the items on the Consent Calendar as
presented. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None.
Absent: None.
10. Subject: Approve the November 21 City Council minutes
Recommended Action: Approve the November 21 City Council minutes
11. Subject: Approve First Quarter Financial Report for Fiscal Year 2017-18
Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2017-18; and 2. Adopt Resolution No. 17-113 approving First Quarter Budget
Adjustments
12. Subject: Exceptions to Facility Rental Hours
Recommended Action: Delegate authority to the Recreation and Community Services
Director to approve extended hours for facility rentals.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
13. Subject: Consider a revised request to demolish an existing -71,254 sq.ft. commercial
shopping center and construct a mixed-use development at the Oaks Shopping Center
site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini);
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City Council Minutes December 5, 2017
Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). (The
applicant is requesting a postponement to January 16, 2018)
Recommended Action: Continue this item to January 16, 2018
Under Postponements, this item was continued to January 16, 2018 .
14. Subject: Consider an ordinance to establish regulations regarding adult use (recreational)
and medicinal marijuana by adding a new Chapter 10.84, Medicinal and Adult Use of
Marijuana, in Title 10, amending Chapter 19.08, Definitions, to repeal definitions related
to Marijuana and amending Chapter 19.98, Medical Marijuana, to update and reference
the newly established Chapter. (Application No(s).: MCA-2017 -04; Applicant(s): City of
Cupertino; Location: Citywide)
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Conduct the first reading and adopt Ordinance No. 17-2169
entitled "An ordinance of the City Council of the City of Cupertino adding Chapter 10.84
titled "Medicinal and Adult Use of Marijuana" to Title 10 of the Cupertino Municipal
Code; amending Section 19.08.030 to repeal Definitions related to Marijuana; and
amending Chapter 19.98 to reference the newly adopted ordinance" (Attachment A.)
Written communications for this item included a presentation.
Principal Planner Piu Ghosh reviewed the staff report.
Captain Urena from the West Valley Sheriff Substation talked about concerns over
marijuana use and supported adopting the draft resolution. He answered questions from
Council.
Mayor Paul opened the public hearing and the following individuals spoke :
Cathy Helgerson (Cupertino)
Danessa Techmanski (Cupertino)
Jan Kucera (Cupertino)
Mayor Paul closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
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City Council Minutes December 5, 2017
Sinks moved and Chang seconded to read Ordinance No. 17-2169 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes: Paul, Sinks,
Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
Sinks moved and Chang seconded to find that the proposed actions are exempt from
CEQA. The motion carried unanimously.
ORDINANCES AND ACTION ITEMS
15. Subject: Approve the Fifth Amendment to the Employment Contract for the City
Manager and amend the Appointed Employees' Compensation Program
Recommended Action: Adopt Resolution No. 17-114 approving the Fifth amendment to
the employment contract for the City Manager and authorizing the Mayor to execute the
contract; and Adopt Resolution No. 17-115 amending the Appointed Employees'
Compensation Program to reflect changes in compensation for the City Manager.
Written communications for this item included an amended draft contract.
Director of Administrative Services Kristina Alfaro reviewed the staff report.
Sinks moved and Chang seconded to adopt Resolution No. 17-114 approving the Fifth
Amendment to the employment contract for the City Manager and authorizing the
Mayor to execute the contract and adopt Resolution No. 17-115 amending the Appointed
Employees' Compensation Program to reflect changes in compensation for the City
Manager. The motion carried unanimously with Paul voting no.
REPORTS BY COUNCIL AND STAFF
Councilmembers highlighted the activities of their committees and various community events.
ADJOURNMENT
At 10:35 p.m., Mayor Paul adjourned the meeting.
Grace Schmidt, City Clerk
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