CC 06-05-2018APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 5, 2018
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 Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
CLOSED SESSION
Mayor Paul announced that a closed session was held on May 23, 2018 regarding:
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney.
Subject: Public Employee Discipline/Dismissal/ Release (Gov't Code Section 54957).
Mayor Paul noted that no action was taken on either item.
Mayor Paul also announced that a closed session was held on June 5, 2,018 regarding:
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney.
Subject: Public Employee Discipline/Dismissal/ Release (Gov't Code Section 54957).
Mayor Paul noted that no action was taken on either item.
City Council Minutes June 5, 2018
Consultant Ryan Buckley from Voxloca reviewed results of the survey.
Mayor Paul opened public comment and the following individuals spoke:
Kevin McClelland on behalf of Cupertino Chamber of Commerce
Andrew Walters on behalf of Cupertino Chamber of Commerce (distributed written
comments)
Jennifer Griffin
Liang Chao (Cupertino resident)
Mayor Paul closed public comment.
Councilmembers agreed to separate the discussion on business license tax and storm drain
fee so that Vice Mayor Sinks could participate in the latter.
Councilmembers asked staff additional questions and made comments on the business
license tax discussion first.
Council directed staff to study the following items and come back on June 19 with models,
a draft expenditure plan, and feedback from businesses and receive further staff direction
regarding a ballot measure in November 2018:
• Look into tax on percentage of salaries
• Look into also using monies for affordable housing
• Decide on general or specific tax
• Input from business community
• Entering into a Public Private Partnership (PPP)
• Possible bond financing
• Comparison of business license tax from regressive to neutral
• Data on how many employees are in Cupertino
• Expenditure plan for usage of funds and engaging consultants on possible transit
plan
Vice Mayor Sinks returned to the dais for the storm drain fee discussion.
Council directed staff to study the following items and come back when ready with analysis
on increasing the storm drain fee.
• Forecast over time what costs would be
• Research cost recovery
City Council Minutes June 5, 2018
discussion. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None.
Absent: None.
Council recessed from 9:30 p.m. to 9:38 p.m.
5. Subject: Approve the May 15 City Council minutes
Recommended Action: Approve the May 15 City Council minutes
Randy Shingai (San Jose resident) talked on this item.
Council concurred to move the approval of the May 15 minutes to the June 19 City Council
meeting to allow the Acting City Attorney time to look over the closed session report out
action.
6. Subject: Approve the May 22 (Teen Commission interviews) City Council minutes
Recommended Action: Approve the May 22 (Teen Commission interviews) City Council
minutes
7. Subject: Accept Accounts Payable for the period ending April 6, 2018
Recommended Action: Adopt Resolution No. 18-049 accepting Accounts Payable for the
period ending April 6, 2018
8. Subject: Accept Accounts Payable for the period ending April 13, 2018
Recommended Action: Adopt Resolution No. 18-050 accepting Accounts Payable for the
period ending April 13, 2018
9. Subject: Accept Accounts Payable for the period ending April 20, 2018
Recommended Action: Adopt Resolution No. 18-051 accepting Accounts Payable for the
period ending April 20, 2018
10. Subject: Annual adoption of City Investment Policy
Recommended Action: Adopt Resolution No. 18-052 accepting the City Investment Policy
11. Subject: Annual adoption of Other Post -Employment Benefits (OPER) Trust Investment
Policy
Recommended Action: Adopt Resolution No. 18-053 accepting the Investment Policy for
the OPEB Trust
12. Subject: Adopt a resolution calling a General Municipal Election on Nov. 6, 2018, to fill three
City Council seats
City Council Minutes June 5, 2018
16. Subject: Authorize the City Manager to negotiate and execute a lease agreement with the
Friends of Stevens Creek Trail for the property known as the McClellan Ranch House
located at 22221 McClellan Road, Cupertino, CA 95014.
Recommended Action: Authorize the City Manager to execute a lease agreement with
Friends of Stevens Creek Trail for the property known as the McClellan Ranch House for
the period July 1, 2018 to June 30, 2019, with an option to renew for one additional one-year
term.
Sinks moved and Vaidhyanathan seconded to authorize the City Manager to execute a lease
agreement with Friends of Stevens Creek Trail for the property known as the McClellan
Ranch House for the period July 1, 2018 to June 30, 2019, with an option to renew for one
additional one-year term. The motion carried unanimously.
17. Subject: Accept the relevant portions of Santa Clara Operational Area Hazard Mitigation
Plan Update of 2017 including all of Volume 1 and the City of Cupertino's portion of
Volume 2 of the Santa Clara Operational Area Hazard Mitigation Plan to enable the City to
qualify for hazard mitigation grants to respond to disasters.
Recommended Action: Adopt Resolution No. 18-055 accepting all of Volume 1 and the City
of Cupertino's portion of Volume 2 of the Santa Clara County Operational Area Hazard
Mitigation Plan to enable the City to qualify for hazard mitigation grants to respond to
disasters.
18. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley
Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC)
Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation
to reappoint Erik Lindskog to the VTA BPAC for a two-year term beginning July 1, 2018.
Vaidhyanathan moved and Scharf seconded to accept the Bicycle Pedestrian Commission
(BPC) recommendation to reappoint Erik Lindskog to the VTA BPAC for a two-year term
beginning July 1, 2018. The motion carried unanimously.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
19. Subjeci: Public hearing to consider the Capital Improvement Plan (CIP); and finding of
General Plan conformance; and the Recommended Budget for Fiscal Year (FY) 2018-19; and
Adoption of the Recommended Budget: and Establishment of the Appropriation Limit, and
related actions.
City Council Minutes June 5, 2018
updated; for future years, put a process in place for evaluation by Parks and
Recreation Commission who would be empowered with decision authority
3. Add $3,500 for Tournament of Bands Sheriff costs
4. City Attorney's Office - study function and potential cost benefit of outsourcing to
outside counsel vs in-house; wait on Risk Manager position to see study first
5. Performing Arts De Anza SF/Shakespeare - no
6. Consolidate Parks & Recreation, Public Safety, and Library Commissions - place on
future agenda
7. Cities Association Ad Hoc Committee for Airport/Community Roundtable
regarding airplane noise - no allocation right now
8. Study cost to bring transit down from Mtn. View to De Anza and 280 to Wolfe - no
but have staff come back with something more specific to study
9. Hiring new positions - per staff recommendation (minus Risk Manager)
10. Funding request for R.Y.D.E - add another year at same funding of $22,000
11. BMR linkage fees update - approve appropriation of $175,000 and include extremely
low in the study
12. Add $150,000 for conceptual study for 85 transit guideway
Sinks moved and Scharf seconded to adopt Resolution No. 18-057 establishing an Operating
Budget and Capital Budget for FY 2018-19 as per staff recommendation with modifications
as noted above; and adopt Resolution No. 18-058 establishing an Appropriation Limit for
FY 2018-19 as per staff recommendation with modifications as noted above. The motion
carried unanimously.
Paul moved and Scharf seconded to adopt Resolution No. 18-056 establishing a special
project budget for Public Works Traffic Engineering Program for costs related to Apple Pass
through Revenues for FY 2018-19. The motion carried unanimously with Sinks recusing.
Council recessed from 12:12 a.m. to 12:20 a.m.
20. Subject: Appeal of a Planning Commission decision to approve a Development Permit to
consider the proposed replacement of an existing 76 gasoline service station and an auto
repair shop (1,221 sq. ft.,) with an updated gasoline service station and a convenience
market (2,419 sq. ft.); Architectural and Site Approval to consider an updated gasoline
service station, proposed convenience market and associated site improvements, including
paving for off-street parking and landscaping; Conditional Use Permit to consider a
proposed convenience market in conjunction with updates to an existing gasoline service
station, proposed concurrent sale of alcoholic beverages and gasoline, and proposed 24-
hour operations. Application No(s).: DP -2017-02, ASA -2017-04, U-2017-03; Applicant(s):
City Council Minutes June 5, 2018
Recommended Action: Report on Committee assignments and general comments
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 1:38 a.m. on Wednesday, June 6, 2018, Mayor Paul adjourned the meeting.
Grace Schmidt, City Clerk