CC 05-15-2018CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 15, 2018
SPECIAL CITY COUNCIL MEETING
At 3:30 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang (3:35 p.m.)
Steven Scharf, and Savita Vaidhyanathan. Absent: None.
STUDY SESSION
1. Subject: Budget Study Session regarding the Proposed Fiscal Year 2018-19 Budget,
including CIP
Recommended Action: Conduct a Budget Study Session regarding the Proposed Fiscal Year
2018-19 Budget, including CIP
Written communications for this item included staff presentations and community funding
grant applications.
Finance Manager Zach Korach, Senior Management Analyst Karen Guerin, Management
Analyst Katy Nomura, and Business Systems Analyst Thomas Leung reviewed the
presentation.
Councilmember Sinks left the dais at 3:44 p.m. before discussion of the slide regarding Pass
Thru Revenue for Apple Park. He returned to the dais immediately after.
Council recessed from 4:40 p.m. to 4:45 p.m.
Staff continued with the study session presentation and answered questions from Council.
Director of Public Works Timm Borden reviewed the Capital Improvement Project (CIP)
presentation.
Mayor Paul opened public comment and the following individual spoke:
City Cow1eil Minutes May 15, 2018
Jennifer Griff in
Mayor Paul closed public comment.
Council directed staff to follow-up on these items:
• Deer Hollow Farm to provide data regarding its programs, number of attendees,
and number of Cupertino residents served.
• Recreation and Community Services to look into administering community funding
requests and considering them in conjunction with festival funding; provide
performance metrics for all funding requests and festivals; evaluate metrics and
provide recommendations.
• Data on the estimated cost per attendee at festivals.
• Information regarding foot traffic at the Fall Festival and background information
on the two new organizations that applied for community funding, Bay Shore Lyric
Opera and Korean American Community Services.
• See if cost for Sheriff's services at the Tournament of Bands can be waived like for
other festivals.
• Data on the RYDE Program including cost and subsidies per ride, number of riders
served by the program, and breakdown of funding for the program.
• A presentation from West Valley Community Services that describes the status of
the program.
• Assessment of the cost efficiency for the proposed Risk Manager position versus the
other comparable 15 cities and how they handle their City Attorney office services.
• Analysis of the Associate Civil Engineer position from limited term to permanent in
Public Works department.
• Analysis of consolidating the Public Safety, Library, and Parks & Recreation
Commissions.
• Additional proposal of $25,000 for the aircraft noise ad-hoc committee.
• Additional information on how the City would support performing arts.
CLOSED SESSION
Council went into closed session in the City Hall Conference Room A, 10300 Torre Avenue and
City Council Minutes May 15, 2018
reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers,
10350 Torre Avenue for the Regular Meeting.
2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8);
Property: City-wide Public Right of Way; Agency Negotiator: Timm Borden; Negotiating
Parties: City of Cupertino and Verizon; Under Negotiation: Terms for Leased Use of Public
Right of Way
Mayor Paul announced that the item was received and direction was given.
3. Subject: Public Employee Employment (Gov't Code 54957(b)(l); Position: City
Manager.
Mayor Paul announced that the item was received and direction was given.
Mayor Paul also announced that a closed session was held on May 7 regarding:
Subject: Public Employee Employment and Appointment (Gov't Code 54957(b)(l); Position:
Interim City Manager.
Mayor Paul announced that the item was heard and direction was given.
Subject: Public Employee Employment (Gov't Code 54957(b)(l); Position: City Manager.
Mayor Paul announced that the item was heard and direction was given.
Mayor Paul also announced that a closed session was held on May 11 regarding:
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney.
Written communications for this item included emails to Council.
The following individuals spoke on this item:
J.R. Fruen (Cupertino resident)
Jean Bedord (Cupertino resident)
Mayor Paul announced that there is no reportable action at this time.
City Council Minutes May 15 , 2018
Subject: Public Employee Discipline/Dismissal/ Release (Gov't Code Section 54957).
Mayor Paul announced that there is no reportable action at this time.
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 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.
CEREMONIAL MATTERS AND PRESENTATIONS
1.
2.
Subject: Proclamations to Charities Housing and SV@Home for Affordable Housing Week
May 11-18
Recommended Action: Present Proclamations to Charities Housing and SV @Home for
Affordable Housing Week May 11-18
Mayor Paul presented proclamations to Kathy Robinson on behalf of Charities Housing and
to Matthew Reed on behalf of SV @Home for Affordable Housing Week May 11-18. Other
representatives included Roberta Hollimon on behalf of the League of Women Voters
Cupertino-Sunnyvale, Jan Stokley on behalf of Housing Choices, and Sujatha Venkatraman
on behalf of West Valley Community Services.
Subject: Proclamation for Public Works Week May 20-26
Recommended Action: Present Proclamation for Public Works Week May 20-26
Mayor Paul presented a proclamation to Director of Public Works Timm Borden for Public
Works Week May 20-26.
3. Subject: Presentations by Cupertino-Copertino, Italy Sister City Committee adult and
student delegations
City Council Minutes May 15, 2018
Recommended Action: Receive presentations by Cupertino-Copertino, Italy Sister City
Committee adult and student delegations
Helene Davis from Cupertino-Copertino, Italy Sister City Committee introduced art teacher
Kathy Martinelli from St. Joseph of Cupertino School. Representatives from the student
delegation gave a presentation highlighting the recent trip.
Fabrizio Vitagliano, Co-Founder at Enzo's Italian Restaurant Cupertino showed pictures
from the adult delegation with Mayor Paul and other representatives.
Council received the presentations.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Julia Miyakawa (Cupertino resident) talked about Regnart Creek Trail.
Brooke Ezzat (Cupertino resident) talked about the ballot drop-off box at the Cupertino Library.
Connie Cunningham (Cupertino resident) talked about Regnart Creek Trail.
Pam Hershey (Cupertino resident) talked about Valko development and traffic.
Jon Willey (Cupertino resident) talked about Valko development (distributed written
comments).
Helene (Cupertino resident) talked about Regnart Creek Trail.
Janet Van Zoeren (Cupertino resident) speaking on behalf of Housing Choices Cupertino Task
Force talked about affordable housing for developmentally disabled persons.
Per Maresca (Mountain View resident) speaking on behalf of Housing Choices Cupertino Task
Force talked about affordable housing for developmentally disabled persons.
Jan Stokley speaking on behalf of Housing Choices Cupertino Task Force talked about affordable
housing for developmentally disabled persons.
Emma Shearin (Cupertino resident) talked about Regnart Creek Trail.
City Council Minutes May 15, 2018
Liana Crabtree (Cupertino resident) talked about ballot drop-off box locations at local libraries.
Anne Ng (Cupertino resident) talked about Regnart Creek Trail.
Ignatius Y. Ding (Cupertino resident) talked about Sand Hill's SB35 proposal for Valko
(distributed written comments).
Liang Chao (Cupertino resident) talked about Valko Specific Plan.
Longtime Res (Cupertino resident) talked about the ballot drop-off box at the Cupertino Library.
Lisa Warren talked about Cupertino becoming a Charter City, analysis of SB35 proposal for
Valko, and transcription of minutes.
Jennifer Griffin talked about bicycle boulevards and Valko development.
Council recessed from 8:15 p.m. to 8:25 p.m.
CONSENT CALENDAR
Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 6 and 7 which were pulled for discussion. Ayes:
Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
4. Subject: Approve the May 1 City Council minutes
Recommended Action: Approve the May 1 City Council minutes
5. Subject: Approve the Third Quarter Financial Report and recommended budget
adjustments for Fiscal Year 2017-18
Recommended Action: 1. Accept the City Manager's Third Quarter Financial Report for FY
2017-18 2. Approve the Third Quarter adjustments for FY 2017-18 as described in the Third
Quarter Financial Report 3. Adopt Resolution No.18-044 approving Third Quarter budget
adjustments
6. Subject: Fee waiver request from League of Women Voters of Cupertino-Sunnyvale for
approximately $225 in facility use fees for the use of Community Hall on Monday, May 14,
2018 for a forum on Valko and Wednesday, May 16, 2018 for candidate forums and a
presentation on upcoming ballot measures.
Recommended Action: Staff recommends approval of fee waiver request.
City Com1cil Minutes
Written communications for this item included emails to Council.
Mayor Paul opened public comment and the following individuals spoke:
Jennifer Griffin
Lisa Warren
Roberta Hollimon
Mayor Paul closed public comment.
May 15 , 2018
Sinks moved and Chang seconded to recommend approval of fee waiver request from
League of Women Voters of Cupertino-Sunnyvale for approximately $225 in facility use
fees for the use of Community Hall on Monday, May 14, 2018 for a forum on Valko and
Wednesday, May 16, 2018 for candidate forums and a presentation on upcoming ballot
measures. The motion carried with Scharf voting no and Paul abstaining.
7. Subject: Small Cell License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T
Wireless
Recommended Action: Authorize the City Manager to enter into a Small Cell License
Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless
City Engineer Chad Mosley answered questions from Council.
Sinks moved and Chang seconded to authorize the City Manager to enter into a Small Cell
License Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless. The
motion carried unanimously.
8. Subject: Application for Alcohol Beverage License for Cafe Mie Kari, LLC (dba Nanyang
Kitchen), 10893 N. Wolfe Road
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Cafe Mie Kari, LLC
(dba Nanyang Kitchen), 10893 N. Wolfe Road
9. Subject: Application for Alcohol Beverage License for TKS Restaurants, LLC (dba The
Kebab Shop), 19700 Valko Parkway, Suite 150
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for TKS Restaurants, LLC
(dba The Kebab Shop), 19700 Valko Parkway, Suite 150
City Council Minutes May 15, 2018
10. Subject: Management Plan Contract for Water System Asset Planning & Valuation for the
Cupertino Municipal Water System
Recommended Action: Authorize the City Manager to negotiate and execute the
Management Plan Contract for Water System Asset Planning & Valuation for the Cupertino
Municipal Water System agreement with Kayuga Solution for an amount of $328,416 and
approve a contingency of $21,584 for a total of $350,000
11. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for
consultant services on various street asphalt and concrete improvement projects.
Recommended Action: Approve an Agreement between the City of Cupertino and
Pavement Engineering, Inc. (PEI) in the amount not to exceed $526,635 from the date of
execution through June 30, 2019, and authorize the City Manager to negotiate and execute
all necessary documents to carry out all consultant services for the various street asphalt
and concrete and improvement projects.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
12. Subject: Tentative Map application to allow the subdivision of 3 parcels into 5 parcels -4
residential and 1 common (private street), Tree Removal Permit to allow the removal and
replacement of seven (7) protected trees and associated environmental review. (Application
No(s).: TM-2015-01, TR-2016-28 (EA-2015-04) Applicant: Welkin International (Cai Xing
Xie); Location: 10234 Scenic Blvd., APN#357-08-014, 047)
Recommended Action: The Planning Commission recommends that the City Council deny
the Project by concurring with the Planning Commission Resolution No. 6856 and the
findings therein by; 1) Deny the Tentative Map Application to allow the subdivision of three
parcels into five parcels -four residential and one common (private road); and 2) Deny the
Tree Removal Permit to allow the removal and replacement of seven (7) protected trees
Alternative Action: Consider Staff's recommendation to approve the project by adopting
the draft Resolution No(s). and the findings therein; 1) Adopt Resolution No. 18-045
adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Report
Program for the proposed project; and 2) Adopt Resolution No. 18-046 approving the
Tentative Map Application to allow the subdivision of 3 parcels into 5 parcels -4 residential
and 1 common (private road); and 3) Adopt Resolution No. 18-047 approving the Tree
Removal Permit to allow the removal and replacement of seven (7) protected trees
Written communications for this item included emails to Council and a staff presentation.
Associate Planner Erick Serrano reviewed the staff report.
City Council Minutes May 15, 2018
Architect Lei Yuan, Arborist Richard Smith, Geotechnical Engineer Jonathan, Civil
Engineer Mark Helton, and Attorney Richard Abdalah reviewed the proposal and
answered questions from Council.
Council recessed from 9:42 p.m. to 9:50 p.m.
Mayor Paul opened the public hearing and the following individuals spoke:
John Ghashghai (Cupertino resident)
Kristi McGee (Cupertino resident)
Nadine Carlton (Cupertino resident)
Tom Trankle (Cupertino resident)
Alex Carlton (Cupertino resident)
Vishu Gupta (Cupertino resident)
Joe Cleaver (Cupertino resident) speaking on behalf of the neighbors
Ann Cleaver (Cupertino resident) speaking on behalf of the Audubon Society
Patrick Kwok (Cupertino resident)
Dennis Gaushell (Cupertino resident)
Liana Crabtree (Cupertino resident)
Mayor Paul closed the public hearing.
Sinks moved and Scharf seconded to deny the project. The motion carried unanimously.
ORDINANCES AND ACTION ITEMS
13. Subject: Approve a Public Agencies Post-Employment Benefits Section. 115 Trust
administered by a third-party administrator to be selected by the City's Audit Committee
Recommended Action: Adopt Resolution No. 18-048 approving the Public Agencies Post-
Employment Benefits Section 115 Trust administered by a third-party administrator to .be
selected by the City's Audit Committee
Written communications for this item included a staff presentation.
Business Systems Analyst Thomas Leung reviewed the staff report.
Scharf moved and Sinks seconded to adopt Resolution No. 18-048 approving the Public
Agencies Post-Employment Benefits Section 115 Trust administered by a third-party
administrator to be selected by the City's Audit Committee. The motion carried
unanimously.
City Council Minutes
REPORTS BY COUNCIL AND STAFF
14. Subject: Annual Report on the Pavement Management Program
Recommended Action: Receive the report. No action is required.
Written communications for this item included a staff presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report.
Council received the report.
May 15, 2018
15. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 11:55 p .m., Mayor Paul adjourned the meeting.
Grace Schmidt, City Clerk