CC 08-21-2018CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, August 21, 2018
SPECIAL CITY COUNCIL MEETING
At 4:35 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, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
STUDY SESSION
1. Subject: Study session regarding the annexation process and options for Lehigh Permanente
Quarry.
Recommended Action: Conduct study session and discuss annexation and options for
Lehigh Permanente Quarry
Written communications for this item included emails to Council and a presentation.
Acting City Attorney Rocio Fierro and consultant Richard Taylor from Shute, Mihaly &
Weinberger gave a presentation on annexation and options for Lehigh Permanente Quarry.
Staff, Christopher Hoem from Santa Clara County Planning & Development, Richard
Taylor, and Kristina Loquist from Supervisor Simitian' s office answered questions from
Council.
Mayor Paul opened public comment and the following individuals spoke:
Randy Shingai (San Jose resident)
Jennifer Griffin
Cathy Helgerson (Cupertino resident)
..
Geoff Paulsen (Cupertino resident) speaking as a Planning Commissioner
Rhoda Fry (Cupertino resident) distributed written comments
Paula Wallis (Cupertino resident)
City Council Minutes August 21, 2018
2.
Mayor Paul closed public comment.
There was no direction to return to Council with a work plan or to initiate annexation at
this point.
Subject: Study Session on the potential formation of a Santa Clara County Regional Housing
Needs Allocation (RHNA) subregion
Recommended Action: That the City Council provide comments on the possibility of the
formation of a RHNA subregion.
Written communications for this item included a staff presentation.
Principal Planner Piu Ghosh reviewed the staff report and gave a presentation on the
potential formation of a Santa Clara County Regional Housing Needs Allocation (RHNA)
subregion.
Eric Phillips from Goldfarb and Lipman and staff answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
Jennifer Griffin
Cathy Helgerson (Cupertino resident)
David Fung
Mayor Paul closed public comment.
City Council provided the following comments on the possibility of the formation of a
RHNA subregion:
• Concern that Metropolitan Transportation Commission (MTC) and Association of
Bay Area Governments (ABAG) are heavily weighted toward big cities.
• Big cities are championing business impact fees that are levied regionally but passed
on to cities that generate more new housing, so big cities would receive more money
since they have more developable land.
• With subregions, larger cities would be motivated to force m_ore allocation on job
rich cities at the regional level (MTC/ABAG) and expect allocation trading in
exchange for financial consideration at the subregional level.
• Right way to allocate housing is objective needs for each city.
City Council Minutes August 21, 2018
• Wary of allocation trading.
• Need to have vote on regional body so proceed but make sure staff gets answers to
questions such as how does a city consent to an increase in allocation (is it a majority
vote or super majority vote)?
• Keep autonomy over any increases in allocation.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 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 Savi ta Vaidhyanathan. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamations recognizing the Monta Vista High School Boys Volleyball Team for
winning the NorCal Championship
Recommended Action: Present Proclamations recognizing the Monta Vista High School
Boys Volleyball Team for winning the NorCal Championship
Muni Madhdhipatla (Cupertino resident) talked about the team and introduced the coach
who talked about the season. A video was shown of the last few winning points of the
championship game.
Mayor Paul presented proclamations recognizing the Monta Vista High School Boys
Volleyball Team for winning the NorCal Championship.
2. Subject: Proclamation recognizing September as Pain Awareness Month.
Recommended Action: Present Proclamation recognizing September as Pain Awareness
Month.
City Council Minutes August 21, 2018
Michele Rice, Ambassador-Advocate from the U.S. Pain Foundation talked about issues
with chronic pain.
Mayor Paul presented a proclamation recognizing September as Pain Awareness Month.
POSTPONEMENTS -None
Paul moved and Chang seconded to reorder the agenda as follows: Oral Communications,
Consent Calendar item number 25, item number 29, items 12 and 22 which were pulled from
the Consent Calendar, and then iteins back in order beginning with item number 23. The
motion carried unanimously. ·
ORAL COMMUNICATIONS
Acting City Attorney Rocio Fierro made a statement regarding what is appropriate to talk
about under Oral Communications.
Jennifer Griffin talked about San Jose Urban Villages.
Randy Shingai (San Jose resident) talked about the absence of the City Attorney at the dais.
Manjunath Bangalore (Cupertino resident) talked about weed abatement (distributed
written comments).
Jan Stokley speaking on behalf of Housing Choices talked about the Vallco Specific Plan and
housing.
David Meyer from SV@home talked about funding for housing.
Andrea Tsang (Sunnyvale resident) speaking on behalf of Housing Choices talked about
housing for developmentally disabled persons.
CONSENT CALENDAR
Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 12 and 22 which were pulled for discussion. Ayes:
Paul, Chang, Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the May 15 City Council minutes ( continued from July 3, 2018)
Recommended Action: Approve the May 15 City Council minutes
City Council Minutes
4. Subject: Approve the July 3 City Council minutes
Recommended Action: Approve the July 3 City Council minutes
5. Subject: Approve the July 31 City Council minutes
Recommended Action: Approve the July 31 City Council minutes
6. Subject: Accept Accounts Payable for the period ending May 18, 2018
August 21, 2018
Recommended Action: Adopt Resolution No. 18-071 accepting Accounts Payable for the
period ending May 18, 2018
7. Subject: Accept Accounts Payable for the period ending May 25, 2018
Recommended Action: Adopt Resolution No. 18-072 accepting Accounts Payable for the
period ending May 25, 2018
8. Subject: Accept Accounts Payable for the period ending June 1, 2018
Recommended Action: Adopt Resolution No. 18-073 accepting Accounts Payable for the
period ending June 1, 2018
9. Subject: Accept Accounts Payable for the period ending June 8, 2018
Recommended Action: Adopt Resolution No. 18-074 accepting Accounts Payable for the
period ending June 8, 2018
10. Subject: Accept Accounts Payable for the period ending June 22, 2018
Recommended Action: Adopt Resolution No. 18-075 accepting Accounts Payable for the
period ending June 22, 2018
11. Subject: Cancellation of the September 4, 2018 City Council meeting
Recommended Action: Cancel the September 4, 2018 City Council meeting
13. Subject: Bay Area Air Quality Management District Diesel Free by 2033 Resolution
Recommended Action: Adopt Resolution No. 18-076 supporting the Bay Area Air Quality
Management District's Diesel Free by 2033 statement of purpose.
14. Subject: Accept Unclaimed Property less than $15 for the period ending May 31, 2018
Recommended Action: Adopt Resolution No. 18-077 accepting transfer of Unclaimed
Property Funds to General Fund for the period ending May 31, 2018
15. Subject: Facility fee waiver request from the Cupertino Senior Coordinating Council.
City Council Minutes August 21, 2018
Recommended Action: Approve fee waiver request for approximately $4,175 in facility use
fees, for the use of the Senior Center Reception Hall on most Fridays, August 24, 2018 -June .
29, 2019, for Bingo.
16. Subject: Application for Alcohol Beverage License for Sushi Kuni Cup, Inc ( dba Sushi Kuni),
10211 South De Anza Boulevard
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Sushi Kuni Cup, Inc
(dba Sushi Kuni), 10211 South De Anza Boulevard
17. Subject: Application for Alcohol Beverage License for Desi Pizza Express LLC ( dba Curry
Pizza House), 20080 Stevens Creek Boulevard, Suite 106
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Desi Pizza Express
LLC (dba Curry Pizza House), 20080 Stevens Creek Boulevard, Suite 106
18. Subject: 2018/19 Reconstruction of Curbs, Gutters and Sidewalks Project, Project No. 2019-
101
Recommended Action: Authorize the City Manager to award and execute a contract with
JJR Construction, Inc., in the amount of $1,216,715 and approve a construction contingency
of $120,000 for a total of $1,336,715
19. Subject: Accept final payment to O'Grady Paving Inc. for 2017 Pavement Maintenance
Project
Recommended Action: Adopt Resolution No. 18-078 accepting final payment to O'Grady
Paving Inc. for 2017 Pavement Maintenance Project
20. Subject: 2018 Pavement Maintenance Phase 2 Project, Project No. 2019-102
Recommended Action: Authorize the City Manager to award a contract to Graham
Contractors, Inc., in the amount of $290,769 and approve a construction contingency of
$29,000, for a total of $319,769
21. Subject: Adopt a Resolution Adopting the Mitigated Negative Declaration for the McClellan
Ranch West Parking Lot Improvement project and Approving the Project
Recommended Action: Staff recommends that the City Council adopt Resolution No. 18-
079 adopting the Mitigated Negative Declaration for the McClellan Ranch West Parking Lot
Improvement project and approving the project
As noted under Postponements, Council reordered the agenda to hear item number 25 under
Ordinances and Action I terns next.
City Council Minutes August 21, 2018
Councilmember Scharf noted that he had a conflict of interest for this item anµ. left the dais.
ORDINANCES AND ACTION ITEMS
25. Subject: Adopt a resolution to approve the Regnart Creek Trail Feasibility Study and direct
staff to prepare design documents and conduct environmental review ..
Recommended Action: 1. Adopt Resolution No. 18-081 to approve the Regnart Creek Trail
Feasibility Study and direct staff to prepare design documents and conduct environmental
review for the Regnart Creek Trail, and; 2. Approve a Budget Adjustment in the amount of
$380,000 in the Capital Improvement Fund for the Regnart Creek Trail Project (account
#420-99-036 900-905) to prepare design documents and conduct environmental review
Written communications for this item included emails to Council and a staff presentation.
Transportation Manager David Stillman reviewed the staff report a:nd presentation on the
Regnart Creek Trail.
Mayor Paul opened public comment and the following individuals spoke:
Erik Lindskog (Cupertino resident)
Tim Oey (Sunnyvale resident)
Saloni Mahajan (Cupertino resident)
Samil Lindskog (Cupertino resident)
Akash Gokhale (Cupertino resident)
Winfred Lin (Cupertino resident)
Shaurya Nair (Cupertino resident)
Arnav Gokhale (Cupertino resident)
Kelly Tung (Cupertino resident) on behalf of JFK Green Commuters
Betty Gao (Cupertino resident)
Howard Peng (Cupertino resident)
Elisa Li (Cupertino resident)
Nicole Han (Cupertino resident)
Shannon Wang (Saratoga resident)
Sabrina Man (Cupertino resident)
Dyvthy Ramachandra
Juliet Shearin (Cupertino resident) on behalf of the Cupertino Teen Commission
Sarah Tan (Cupertino resident) on behalf of the Cupertino Teen Commission
Sidharth Rajaram (Cupertino resident) on behalf of the Cupertino Teen Commission
Lawrence Fan (Cupertino resident) on behalf of Tino Bike Club
Rikmil Konduru (Cupertino resident)
City Council Minutes
Ben Ashkenazi (Cupertino resident)
Sam Grinells (Cupertino resident)
Sharlene Liu (Sunnyvale resident)
Seema Lindskog (Cupertino resident)
Karna Gupta (Cupertino resident)
Geoff Paulsen (Cupertino resident)
Herbert Knoesel (Cupertino resident)
Greg Klein (Cupertino resident)
Raja Bhadury (Cupertino resident)
Julia Miyakawa (Cupertino resident) distributed petition
Kathy R Chole (Cupertino resident)
Nick Garcia (Cupertino resident)
Suzanne Ranney (Cupertino resident)
Torn Schaefer (Cupertino resident)
Brian Feinberg (Cupertino resident)
Gary Virshul (Cupertino resident)
Tony Fong (Cupertino resident) on behalf of Longacres HOA
Matthew Bordoni (Cupertino resident)
August 21, 2018
Gary Wong (Cupertino resident) on behalf of Campo De Lozano HOA (distributed written
comments)
Megha Ilango (Cupertino resident)
Ilango Ganga (Cupertino resident) distributed written comments
Connie Cunningham (Cupertino resident)
David Fung (Cupertino resident)
Agnej Pommier (Cupertino resident)
Barbara O'Conner1 (Cupertino resident)
Taghi Saadati (Cupertino resident)
Meenakshi Biyani (Cupertino resident)
J.R. Fruen (Cupertino resident)
Pete Heller (Cupertino resident)
Jennifer Shearin (Cupertino resident)
Larry Dean (Cupertino resident) on behalf of Walk-Bike Cupertino ( distributed petition)
Jian He (Cupertino resident) on behalf of Walk-Bike Cupertino
J.L. De Jong (Cupertino resident)
Will Shearin (Cupertino resident)
Dinyar Dastcor (CupertinQ resident)
Carol Stanek (Cupertino resident)
Surat Dalvi (Cupertino resident)
Stella Hong (Cupertino resident)
William Rassieur (Cupertino resident)
City Council Minutes
Vincent Liu (Cupertino resident)
Claudette Miller (Cupertino resident)
Masako Yoshikawa (Cupertino resident)
Mayor Paul closed public comment.
Council recessed from 10:47 p.m. to 10:57 p.m.
Staff answered questions from Council.
August 21, 2018
Captain Rich Urena talked about safety on the trail and answered questions from Council.
Sinks moved and Chang seconded to adopt Resolution No. 18-081 to approve the Regnart
Creek Trail Feasibility Study and direct staff to prepare design documents and conduct
environmental review for the Regnart Creek Trail; and approve a Budget Adjustment in the
amount of $380,000 in the Capital Improvement Fund for the Regnart Creek Trail Project
(account #420-99-036 900-905) to prepare design documents and conduct environmental
review and direct staff to work with residents impacted to insure privacy and safety and
bring updates in Items of Interest. The motion carried with Scharf recusing.
Councilmember Scharf returned to the dais.
As noted under Postponements, Council reordered the agenda to hear item number 29 under
Ordinances and Action Items next.
ORDINANCES AND ACTION ITEMS (continued)
29. Subject: Formation of the Santa Clara/Santa Cruz Airport/Community Roundtable on
aircraft noise in the South Bay
Recommended Action: A. Adopt Resolution No. 18:-083 to join the Santa Clara/Santa Cruz
Airport/Community Roundtable B. Authorize the City Manager to execute the Santa
Clara/Santa Cruz Airport/Community Round table memorandum of understanding (MOU)
C. Approve the Santa Clara/Santa Cruz Airport/Community Roundtable Bylaws
Senior Management Analyst Katy Nomura reviewed the staff report.
Andi Jordan from the Cities Asso.ciation of Santa Clara County answered questions from
Council.
City Council Minutes August 21 1 2018
Chang moved and Vaidhyanathan seconded to adopt Resolution No. 18-083 to join the
Santa Clara/Santa Cruz Airport/Community Roundtable; authorize the City Manager to
execute the Santa Clara/Santa Cruz Airport/Community Roundtable memorandum of
understanding (MOU); and approve the Santa Clara/Santa Cruz Airport/Community
Roundtable Bylaws. The motion carried unanimously.
Councilmembers concurred to hear item number 24 under Public Hearings next.
PUBLIC HEARINGS
24. Subject: Petition for Reconsideration of the City Council decision rendered on May 15 1 2018
denying a tentative map application (TM-2015-01) to allow the subdivision of three (3)
parcels into five (5) parcels, four (4) residential and one (1) common (private road), and
denial of a tree removal permit (TR-2016-28) to allow the removal and replacement of seven
(7) protected trees. Application No(s).: TM-2015-01 1 TR-2016-28 (EA-2015-04) Appellant:
Richard K. Abdalah; Applicant: Welkin International (Cai Xing Xie); Location: 10234 Scenic
Blvd., APN#357-08-0141 047
Recommended Action: That the City Council: 1. Adopt Resolution No. 18-080 (Attachment
A) denying the petition for a reconsideration hearing, since it does not meet the
requirements of Cupertino Municipal Code (CMC) Section 2.08.096' or, in the alternative;
2. If the Council determines the Petition meets the criteria, conduct a hearing on the merits
of the petition and make final determination on the project
Written communications for this item included a letter to Council and a staff presentation.
Associate Planner Erick Serrano reviewed the staff report.
Mayor Paul opened the public hearing and the following individuals spoke:
Barton Hechtman1 attorney on behalf of the applicant.
Patrick Kwok (Cupertino resident)
Alex Carlton .(Cupertino resident)
John Ghashghai (Cupertino resident)
Nadine Carlton (Cupertino resident)
Barton Hechtman (Allowed to speak again)
Mayor Paul closed the public hearing.
City Council Minutes August 21, 2018
Scharf moved and Sinks seconded to adopt Resolution No. 18-080 denying the Petition for
Reconsideration, on the basis the Petition does not meet the requirements of Cupertino
Municipal Code (CMC) Section 2.08.096. The Petition is further denied based on public
testimony before the Council at this hearing and previous meetings of the City Council and
Planning Commission, the evidence presented on the record, and the deficiencies of the
Petition for Reconsideration. The motion carried unanimously.
As noted under Postponements, Council reordered the agenda to hear items pulled from the
Consent Calendar next.
CONSENT CALENDAR (continued)
12. Subject: Response to Santa Clara Grand Jury Report on "Affordable Housing Crisis: Density
is our Destiny."
Recommended Action: That the City Council review and approve the City's response.
Assistant Director of Community Development Ben Fu reviewed the staff report.
Mayor Paul opened public comment and the following individual spoke:
Jennifer Griffin
Mayor Paul closed public comment.
Council recessed from 1:17 a.m. to 1:22 a.m.
Sinks moved and Vaidhanathan seconded to review and approve the City's response with
direction for the City Manager to craft a cover letter reflecting Council's concern about
inaccuracies in the report. The motion carried unanimously. '
Council concurred to hear item number 27 under Ordinances and Action Items nex~ followed by
Consent Calendar item number 22.
ORDINANCES AND ACTION ITEMS (continued)
27. Subject: First Reading of an Ordinance Designating Additional Preferential Parking Zones
Ordinance on Noble Fir Court, Red Fir Court and White Fir Court
Recommended Action: 1. Conduct the first reading of Ordinance No. 18-2176: "An
Ordinance of the City Council of the City of Cupertino Amending Cupertino
City Council Minutes August 21, 2018
Municipal Code Section 11.27.145 Designating Additional Preferential Parking Zones to
add Noble Fir Court, Red Fir Court and White Fir Court"; and 2. Schedule second reading
of the ordinance for September 18, 2018.
Mayor Paul opened public comment and the following individual spoke:
Amar Sajadurang
Mayor Paul closed public comment.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Sinks seconded to read Ordinance No. 18-2176 by title only and that the
City Clerk's reading would constitute the first reading thereof. Ayes: Paul, Chang, Scharf,
Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
CONSENT CALENDAR (continued)
22. Subject: Submittal of projects for the Metropolitan Transportation Commission's (MTC's)
Horizon Initiative
Recommended Action: Provide direction for staff to submit projects for the Metropolitan
Transportation Commission's call for transformative transportation projects for the
Horizon Initiative
Written communications for this item included emails to Council and a staff presentation.
Director of Public Works Timm Borden reviewed the staff report.
Mayor Paul opened public comment and the following individual spoke:
Jennifer Griffin
Mayor Paul closed public comment.
Council provided direction for staff to submit projects for the Metropolitan Transportation
Commission's call for transformative transportation projects for the Horizon Initiative,
adding an alternative alignment that connects De Anza College to Highway 85 north to I-
280, past Infinite Loop, Apple Park and then connecting to Diridon Station, and on Exhibit
4, adding a north-south connection through the middle of the loop along Lawrence
Expressway, connecting job centers in Sunnyvale and Santa Clara.
City Council Minutes August 21, 2018
SECOND READING OF ORDINANCES
23. Subject: Second reading and enactment of an Ordinance amending Cupertino Municipal
Code Chapters 19.12 "Administration" and 19.148 "Required Artwork in Public and Private
Developments". (Application number: MCA-2018-01; Location: City-wide; Applicant: City
of Cupertino)
Recommended Action: Conduct the second reading and enact Ordinance No. 18-2175: "An
Ordinance of the City Council of the City of Cupertino amending Municipal Code Chapters
19.12 "Administration" and 19.148 "Required artwork in Public and Private Developments"
to create more opportunities for public art in new development"
City Clerk Grace Schmidt read the title of the ordinance.
Vaidhyanathan moved and Scharf seconded to read Ordinance No. 18-2175 by title only
and that the City Clerk's reading would constitute the second reading thereof. Ayes: Paul,
Chang, Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
Vaidhyanathan moved and Chang seconded to enact Ordinance No. 18-2175. Ayes: Paul,
Chang, Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
ORDINANCES AND ACTION ITEMS (continued)
26. Subject: Add a project entitled Memorial Park Amphitheater Improvement Project to the FY
2018-19 Capital Improvement Program.
Recommended Action: Authorize the City Manager to add a project to the FY 2018-19
Capital Improvement Program entitled Memorial Park Amphitheater Improvement Project
and direct staff to prepare design documents for the projed.
Written communications for this item included a staff presentation.
Director of Public Works Timm Borden reviewed the staff report.
Assistant Director of Recreation and Community Services Christine Hanel answered
questions from Council regarding the Parks Master Plan.
Council concurred to defer the project until the Parks Master Plan is complete.
28. Subject: Storm Water Management Fee Study and Ballot Initiative
Recommended Action: 1. Authorize staff to hire a consultant for a contract amount not to
exceed $225,000 to complete a property related storm water management fee study and
. City Council Minutes August 21, 2018
balloting process by June 30, 2019; and 2. Adopt Resolution No. 18-082 approving a Budget
Adjustment in the amount of $225,000 to complete a storm water management fee study
and balloting process.
Written communications for this item included a staff presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report and presentation.
Scharf moved and Vaidhyanathan seconded to adopt Resolution No. 18-082 approving a
budget adjustment in the amount of $20,000 to complete a storm water management fee
initial polling, and if polling is supportive of substantial cost recovery then come back to
Council for approval and additional funding (motion includes friendly amendments made
by Vaidhyanathan and Chang). The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
30. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
This item was not heard.
ADJOURNMENT
At 2:41 a.m. on Wednesday, August 22, Mayor Paul adjourned the meeting.
Gvu~P4Jt
Grace Schmidt City Clerk