CC 05-01-2018CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 1, 2018
SPECIAL CITY COUNCIL MEETING
At 5:30 p.m. 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, Steven
Scharf, and Savita Vaidhyanathan. 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.
CLOSED SESSION
1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Manager
Mayor Paul announced that the item was heard and direction was given.
2. Subject: Conference with Legal Counsel-Existing Litigation pursuant to subdivision (a) of
Government Code Section 54956.9. Name of case: James J. Wilkerson v City of Cupertino,
Santa Clara County Superior Court Case No. 17CV307439
Mayor Paul announced that the item was heard and direction was given.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Darcy Paul 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.
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ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation to Cupertino students who qualified to play in the All-State Orchestra
Recommended Action: Present Proclamation to Cupertino students who qualified to play
in the All-State Orchestra
Mayor Paul presented Proclamations to Cupertino students who qualified to play in the
All-State Orchestra.
2. Subject: Proclamation declaring May 6-12 as Municipal Clerk's Week
Recommended Action: Present Proclamation declaring May 6-12 as Municipal Clerk's Week
Mayor Paul presented a Proclamation to City Clerk Grace Schmidt declaring May 6-12 as
Municipal Clerk's Week.
STUDY SESSION
3. Subject: City of Cupertino Below Market Rate (BMR) Housing Program Study Session
Recommended Action: Hold a Study Session to receive the presentation on the City's Below
Market Rate Housing Program
Written communications for this item included emails to Council and a presentation.
Senior Housing Planner Kerri Heusler introduced Consultant Eric Phillips from Goldfarb
Lipman Attorneys who gave a presentation on the City's Below Market Rate Housing
Program.
Consultant and staff answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
Eric Mckinlay (Cupertino resident) on behalf of Housing Choices Cupertino Task Force
Micaela Connery on behalf of The Kelsey
Joy Kao (Cupertino resident) on behalf of Housing Choices Cupertino Task Force
Neal Folsom (San Jose resident) on behalf of Housing Choices Cupertino Task Force
City Council Minutes May 1, 2018
Marcia Elmer Mattheakis (Cupertino resident) on behalf of Housing Choices Cupertino
Task Force
Sheila Vahdat (Cupertino resident) on behalf of Housing Choices Cupertino Task Force
Janet Van Zoeren (Cupertino resident) on behalf of Housing Choices Cupertino Task Force
Jeff Darling (Santa Cruz resident) on behalf of San Andreas Regional Center
David Grady (San Mateo resident) on behalf of Housing Choices Cupertino Task Force
Ganesh Sure (Cupertino resident) on behalf of Housing Choices Cupertino Task Force
Sean Strebel (Cupertino resident) on behalf of Connie Cunningham
David Meyer on behalf of SV@Home
Richard Schuster (Cupertino resident)
Jan Stokley on behalf of Housing Choices Cupertino Task Force
Jennifer Griffin
Bob Stromberg (San Jose resident) on behalf of Destination: Home
Kitty Moore (Cupertino resident)
Scott Lane
Council gave the following direction: Conduct Economic Feasibility study to review our
Housing Mitigation Manual, specifically addressing strategies to address RHNA
requirements as well as housing for extremely-low income, the homeless and disabled.
Study the potential to increase inclusionary housing requirements to 20% -25%. Also
explore inclusionary housing policy to include extremely-low income/disabled in
projects. Also to include median-and moderate-income units in rental projects. Include
other Cities' inclusionary housing programs as a comparison.
Council recessed from 9:55 p.m. to 10:05 p.m.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Jennifer Griffin talked about San Jose Urban Villages.
Ignatius Ding (Cupertino resident) talked about The Brown Act (distributed written comments).
Joan Chin (Cupertino resident) talked about SB35 and the Valko Mall project.
Jennifer Shearin (Cupertino resident) on behalf of the Cupertino Bicycle Pedestrian Commission
talked about the Regnart Trail.
Scott Lane talked about an educational bus trip to Sacramento on May 15 sponsored by Santa
City Council Minutes May 1, 2018
Clara County.
Rhoda Fry (Cupertino resident) talked about washing the large cement trucks coming down
from Lehigh.
Kitty Moore (Cupertino resident) talked about the Vallco Shopping District Specific Plan.
Jean Bedord (Cupertino resident) talked about the drop-off ballot box outside the Cupertino
Library.
David Fung (Cupertino resident) talked about the drop-off ballot box outside the Cupertino
Library.
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as presented.
Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent:
None.
4. Subject: Approve the April 17 City Council minutes
Recommended Action: Approve the April 17 City Council minutes
5. Subject: Master Agreement between the City of Cupertino and Bellecci & Associates to
provide civil engineering services on various Bicycle Transportation Improvement Projects.
Recommended Action: Authorize the City Manager to execute a Master Agreement
between the City of Cupertino and Bellecci & Associates in the amount not to exceed
$600,000 for a term of two years with the option to extend for additional time in accordance
with contract terms.
6. Subject: Approve renewal and collection of existing storm drain fees at no increase in rates
for FY 2018-2019
Recommended Action: Consider all objections or protests and adopt Resolution No. 18-040
for approval and renewal of the collection of existing storm drain fees at no increase in rates
for fiscal year 2018-2019
7. Subject: Approval of the Santa Clara County Countywide AB939 Implementation Fee
Agreement and the Santa Clara County Countywide Household Hazardous Waste
Collection Program for Fiscal Years 2019 to 2021
Recommended Action: a. Adopt Resolution No. 18-041, a Resolution of the City Council of
the City of Cupertino authorizing execution of the Agreement with Santa Clara County for
City Council Minutes May 1, 2018
Countywide AB 939 Implementation Fee for Fiscal Years 2019 to 2021, including the
delegation of authority to the City Manager, or designee, to execute amendments and future
agreements as long as the fee remains the same. b. Adopt Resolution No. 18-042, a
Resolution of the City Council of the City of Cupertino authorizing execution of the
Agreement with the County of Santa Clara for Countywide Household Hazardous Waste
Collection Program for Fiscal Years 2019 to 2021, including the delegation of authority to
the City Manager, or designee, to execute amendments and future agreements as long as
the fee remains the same.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
8. Subject: Vacate an Easement for Drainage and Incidental Purposes, at 22445 and 22449
Cupertino Road
Recommended Action: Conduct a public hearing and adopt Resolution No. 18-043 to vacate
an Easement for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road
Director of Public Works Timm Borden reviewed the staff report.
Mayor Paul opened the public hearing and seeing no speakers closed the public hearing.
Sinks moved and Chang seconded to adopt Resolution No. 18-043 to vacate an Easement
for Drainage and Incidental Purposes, at 22445 and 22449 Cupertino Road. The motion
carried unanimously.
ORDINANCES AND ACTION ITEMS
9. Subject: Regional Measure 3
Recommended Action: Discuss Regional Measure 3 and consider taking a position on the
measure.
Written communications for this item included a letter to Council.
City Manager David Brandt reviewed the staff report.
Mayor Paul opened public comment and the following individuals spoke:
David Schonbrunn speaking on behalf of Transdef
Rhoda Fry (Cupertino resident)
City Council
Joan Chin (Cupertino resident)
Jennifer Griffin
Scott Lane
Minutes
Mayor Paul closed public comment.
Chang made a motion and then withdrew his motion.
Sinks made a motion and then withdrew his motion.
May 1, 2018
Chang moved and Scharf seconded to oppose Regional Measure 3 (RM3). The motion
carried unanimously with Vaidhyanathan and Paul abstaining.
Paul moved and Chang seconded to authorize the Mayor to draft and sign a letter
articulating Council's concerns about RM3 and send the letter within a week to the other
cities in the County, and entities such as Valley Transportation Authority, Senator Jim Beall,
newspapers, etc. The motion carried unanimously.
Council recessed from 11:58 p.m. to 12:10 a.m. on Wednesday, May 2.
REPORTS BY COUNCIL AND STAFF
10. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt announced his retirement effective July 6.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 12:51 a.m. on Wednesday, May 2, Mayor Paul adjourned the meeting.
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Grace Schmidt, City Clerk