CC 12-19-2017CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 19, 2017
SPECIAL CITY COUNCIL MEETING
At 6:00 p.rn. Mayor Darcy Paul called the Special City Council meeting to order in the City
Hall Conference Room A, 10300 Torre A venue.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and
Steven Scharf. Absent: Savita Vaidhyanathan.
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 Paul announced that Council received an update and gave direction.
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
Mayor Paul announced that Council received an update and gave direction.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Darcy Paul 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 19, 2017
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and
Steven Scharf. Absent: Savita Vaidhyanathan.
CEREMONIAL MATTERS AND PRESENTATIONS
1.
2.
Subject: Healthy Cities Initiative award
Recommended Action: Accept award from Santa Clara County for Healthy Cities
Initiative
Written communications for this item included a Santa Clara County Health Cities
Initiative, 2017 handout.
Dr. Sara Cody, County Health Officer and Director of Public Health for Santa Clara
County talked about Cupertino's Safe Routes to School Program.
Mayor Paul and Director of Public Works Timm Borden accepted the Healthy Cities
Initiative award from Dr. Sara Cody, County Health Officer and Director of Public
Health for Santa Clara County.
Subject: Teen Commission 2017-2018 Work Plan presentation
Recommended Action: Accept the Teen Commission 2017-2018 Work Plan presentation
Written communications for this item included a presentation.
Sidharth Rajaram, Shivani Sahni, Vanitha Vemula, Madhavan Krishnan, and Emily Chan
from the Teen Commission presented the 2017-2018 Work Plan.
Council received the Teen Commission 2017-2018 Work Plan presentation.
3. Subject: Presentation from consultants related to the Valko Specific Plan
Recommended Action: That the City Council accept the presentation from consultants
related to the Valko Specific Plan
Written communications for this item included emails to Council and consultant
presentations.
Senior Planner Catarina Kidd introduced the consultants .
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City Council Minutes December 19, 2017
Daniel Parolek from Opticos Design, Bill Lennertz from Opticos Design, Judy Shanley
from David J. Powers and Associates, Franziska Church from Fehr and Peers, and Ben
Sigman from Economic and Planning Systems gave presentations related to the Valko
Specific Plan.
Consultants answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
Josh Barousse (San Jose) on behalf of Silicon Valley At Horne
Cathy Helgerson (Cupertino)
Tracey Edwards (Cupertino) on behalf of League of Women Voters Cupertino-
Sunnyvale
Jennifer Griffin (Cupertino)
David Fung (Cupertino)
Mayor Paul closed public comment.
Staff and consultants answered questions asked by members of the public.
Council received the presentation from consultants related to the Vallco Specific Plan.
POSTPONEMENTS
Sinks moved and Chang seconded to postpone item number 15 to January 16 and item number
18 to February 20. The motion carried unanimously with Vaidhyanathan absent.
ORAL COMMUNICATIONS
Cathy Helgerson (Cupertino resident) talked about Lehigh dumping toxins into the Stevens
Creek Reservoir .
Pete Heller (Cupertino resident) gave kudos to City staff on new bicycle lanes and pedestrian
trails.
Jennifer Griffin (Cupertino resident) talked about the San Jose Urban Villages project.
CONSENT CALENDAR
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City Council Minutes December 19, 2017
Scharf moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 10 and 11 which were pulled for discussion,
and item number 15 which was postponed. Ayes: Paul, Sinks, Chang, and Scharf. Noes: None.
Abstain: None. Absent: Vaidhyanathan.
4. Subject: Approve the November 27 City Council minutes
Recommended Action: Approve the November 27 City Council minutes
5. Subject: Approve the December 5 City Council minutes
Recommended Action: Approve the December 5 City Council minutes
6. Subject: Accept Accounts Payable for the period ending November 3, 2017
Recommended Action: Adopt Resolution No. 17-116 accepting Accounts Payable for the
period ending November 3, 2017
7. Subject: Accept Accounts Payable for the period ending November 9, 2017
Recommended Action: Adopt Resolution No. 17-117 accepting Accounts Payable for the
period ending November 9, 2017
8. Subject: Accept Accounts Payable for the period ending November 17, 2017
Recommended Action: Adopt Resolution No. 17-118 accepting Accounts Payable for the
period ending November 17, 2017
9. Subject: Accept Accounts Payable for the period ending December 1, 2017
Recommended Action: Adopt Resolution No. 17-119 accepting Accounts Payable for the
period ending December 1, 2017
10. Subject: Adopt a resolution approving the purchase of property at 10301 Byrne Ave
(APN 357-11 -020).
Recommended Action: 1. Adopt Resolution No. 17-120, approving purchase of the
property at 10301 Byrne Avenue, Assessors' Parcel Number 357-11-020, from Patricia L.
Sievert Living Trust, in the amount of $2,450,000, authorizing the City Manager to
execute all necessary documents and rela ted steps to complete the acquisition . 2.
Approve increase budget appropriations of $2,450,000 in the General Fund-Non
Departmental program for the purchase of the property.
Written communications for this item included pictures of the property.
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City Council Minutes December 19, 2017
Director of Recreation and Community Services Jeff Milkes answered questions from
Council.
Mayor Paul opened public comment and the following individuals spoke:
Tara Sreekrishnan (Cupertino resident)
Jennifer Griffin (Cupertino resident)
Liana Crabtree (Cupertino resident)
Mayor Paul closed public comment.
Chang moved and Sinks seconded to adopt Resolution No. 17-120, approving purchase
of the property at 10301 Byrne Avenue, Assessors' Parcel Number 357-11-020, from
Patricia L. Sievert Living Trust, in the amount of $2A50,000, authorizing the City
Manager to execute all necessary documents and related steps to complete the
acquisition. 2. Approve increase budget appropriations of $2A50,000 in the General
Fund-Non Departmental program for the purchase of the property. The motion carried
unanimously with Vaidhyanathan absent.
11. Subject: Agreement with A vocette Technologies, Inc. for professional services m
implementing Accela Permitting and Land Management System
12.
Recommended Action: Authorize the City Manager to execute a Services Agreement
with Avocette Technologies, Inc. in the amount of $299,143 for the implementation of
Accela Permitting and Land Management System which represents $139,143 in
additional funding above the original June 21, 2017 contract of $160,000 for a total of
$299,143
Chief Technology Officer Bill Mitchell reviewed the staff report and answered questions
from Council.
Chang moved and Scharf seconded to authorize the City Manager to execute a Services
Agreement with Avocette Technologies, Inc. in the amount of $299,143 for the
implementation of Accela Permitting and Land Management System which represents
$139)43 in additional funding above the original June 21, 2017 contract of $160,000 for a
total of $299,143. The motion carried unanimously with Vaidhyanathan absent.
Subject: Second Amendment to the Agreement between the City of Cupertino (City) and
Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement
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City Council Minutes December 19, 2017
Recommended Action: 1. Adopt Resolution 17-121 to approve the Second Amendment
to the Solid Waste Services Franchise Agreement, extending the expiration of the current
Agreement (November 1, 2010 through January 31, 2019) to January 31, 2021 and
including an option to negotiate a new ten year agreement with Recology that could
begin as early as January 31, 2021, contingent upon Recology meeting Second
Amendment requirements; and 2. Authorize a payment of $5,365 to Recology Cupertino
from the Resource Recovery fund 520-81-801 to cover additional costs to process
commercial organic materials collected in calendar year 2016.
13 . Subject: Establish a Zero Wast e Policy for the City of Cupertino
Recommended Action: Adopt Resolution 17-122 to establish and authorize a Zero Waste
Policy for the City of Cupertino
14 . Subject: 2018 Pavement Maintenance Project, Project No. 2018-101 contract award
Recommended Action: Authorize the City manager to award a contract to G . Bortolotto
& Co. in the amount of $3,077,777 and approve a construction contingency of $307,000,
for a total of $3,384,777 .
15. Subject: 2017-18 Comprehensive Facility Condition and Use Assessments
Recommended Action: Authorize the City Manager to negotiate and execute the 2017-18
Comprehensive Facility Condition and Use Assessments agreement with The KPA
Group within the established budget of $200,000.
Written communications for this item included a supplemental staff report.
Under Postponements, this item was continued to January 16, 2018 .
SEC OND READING OF ORD INANCES
16. Subject: Second reading of 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 conduct the second reading and enact
Ordinance No. 17-2169 : "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
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City Council Minutes December 19, 2017
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."
Principal Planner Piu Ghosh reviewed the staff report.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Sinks seconded to read Ordinance No. 17-2169 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes: Paul, Sinks,
Chang, and Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan.
Chang moved and Sinks to enact Ordinance No. 17-2169. Ayes: Paul, Sinks, Chang, and
Scharf. Noes: None. Abstain: None. Absent: Vaidhyanathan.
PUBLIC HEARINGS
17. Subject: Consider an ordinance to amend regulations in Title 19, Zoning of the Municipal
Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and
Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application
No(s).: MCA-2017-05; 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 of Ordinance No. 17-2170: "An
Ordinance of the City Council of the City of Cupertino amending Chapter 19.08,
Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones
(Residential Zoning Districts) to conform to new state laws."
Written communications for this item included a letter to Council and a staff
presentation.
Principal Planner Piu Ghosh reviewed the staff report.
Mayor Paul opened the public hearing and the following individuals spoke:
Josh from Silicon Valley At Home
Jennifer Griffin (Cupertino resident)
Mayor Paul closed the public hearing.
City Clerk Grace Schmidt read the title of the ordinance.
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City Council Minutes December 19, 2017
Chang moved and Scharf seconded to find that the proposed actions are exempt from
CEQA and to read Ordinance No. 17-2170 by title only and that the City Clerk's reading
would constitute the first reading thereof. Ayes : Paul, Sinks, Chang, and Scharf. Noes:
None. Abstain: None. Absent: Vaidhyanathan.
ORDINANCES AND ACTION ITEMS
18. Subject: Adopt the 2017 Cupertino Pedestrian Transportation Plan and Mitigated
negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan
Recommended Action: Adopt Resolution No. 17-123 adopting the 2017 Cupertino
Pedestrian Transportation Plan and the Mitigated Negative Declaration for the 2017
Cupertino Pedestrian Transportation Plan
Written communications for this item included a supplemental staff report.
Under Postponements, this item was continued to February 20, 2018 .
REPORTS BY COUNCIL AND STAFF
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that City Hall would be closed for the holiday next
week, the first meeting in January has been cancelled, and the next meeting would be
January 16.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 9:50 p.m., Mayor Paul adjourned the meeting.
Grace Schmidt, City Clerk
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