CC 10-02-2018CUPERTINO APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 2, 2018
SPECIAL CITY COUNCIL MEETING
At 4:00 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the City Hall
Conference Room A, 10300 Torre Avenue.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
CLOSED SESSION
Council went into closed session and reconvened in open session at 5:00 p.m. in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue for a Study Session followed by the
Regular Meeting at 6:45 p.m.
1. Subject: Public Employee Discipline/Dismissal/Release -Gov 1 t Code Section 54957(b)(1).
Mayor Paul announced that an update was provided and no action was taken.
STUDY SESSION
At 5:00 p.m. Mayor Paul reconvened the Special City Council meeting in the Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
2. Subject: Factors affecting water rates in Cupertino
Recommended Action: Accept presentation on water rates
Written communications for this item included a staff presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report and presentation on
City Council Minutes
water rates .
. John Tang from San Jose Water and staff answered questions from Council.
Council accepted the presentation on water rates.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
October 2, 2018
At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting 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 (6:52 p.m.),
Steven Scharf, and Savita Vaidhyanathan. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for September as Ovarian Cancer Awareness Month
Recommended Action: Present Proclamation for September as Ovarian Cancer Awareness
Month
Mayor Paul presented a Proclamation to Erna Arnesen and Sonia Singh for September as
Ovarian Cancer Awareness Month.
2. Subject: Proclamation for the 48th Annual Cupertino High School Tournament of Bands
Recommended Action: Present Proclamation for the 48th Annual Cupertino High School
Tournament of Bands
Mayor Paul presented a Proclamation to Addy Roff for the Annual Cupertino High School .
Tournament of Bands.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
City Council Minutes October 2, 2018
Herb Wiffler and Dan Rosenbaum (Cupertino residents) on behalf of Residents of Prospect
Road talked about a petition from residents on Prospect Road regarding neighborhood
nuisance complaints (distributed written comments).
Ignatius Y. Ding (Cupertino resident) talked about development and health hazards.
Kathy R. Chole (Cupertino resident) talked about the Regnart Creek Trail Feasibility Study.
Ilango Ganga (Cupertino resident) talked about the Regnart Creek Trail Feasibility Study.
Anika McClure on behalf of Silicon Valley Leadership Group talked about the Annual
Applied Materials of Silicon Valley Turkey Trot on November 22 in downtown San Jose
beginning at 8:00 a.m.
CONSENT CALENDAR
Chang moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented. Ayes: Paul, Sinks, Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None.
Absent: None.
3.
4.
5.
6.
7.
Subject: Approve the September 18-19 City Council minutes
Recommended Action: Approve the September 18-19 City Council minutes
[g]2~ct: Accept Accounts Payable for the period ending August 03, 2018
Recommended Action: Adopt Resolution No. 18-095 accepting Accounts Payable for the
period ending August 03, 2018
Subject: Accept Accounts Payable for the period ending August 10, 2018
Recommended Action: Adopt Resolution No. 18-096 accepting Accounts Payable for the ·
period ending August 10, 2018
Subject: Accept Accounts: Pay.able fo:r the period ending August 17, 2018
Recommended Action: Adopt Resolution No. 18-097 accepting Accounts Payable for the
period ending August 17, 2018
Subject: Adopt a re-solution increasing the employer's contribution for medical and
hospitalization insurance consistent with the Meyers-Geddes State E~ployees Medical and
Hospital Care Act for the Unrepresented (Management and Confidential), Cupertino
Employees' Association (Employees Association), Operating Engineers, Local Union No. 3
City Council Minutes October 2, 2018
(Operating Engineers), Appointed (City Attorney and City Manager), Elected Official
groups and retired annuitants.
Recommended Action: Adopt Resolution No. 18-098 increasing the employer's contribution
for medical and hospitalization insurance for employees under the Unrepresented,
Cupertino Employees' Association, Operating Engineers, Local union No. 3, Appointed,
Elected Officials, and retired annuitant groups.
8. Subject: Application for Alcohol Beverage License for Safeway, Inc. (dba Safeway), 20620
Homestead Road
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Safeway, Inc. (dba
Safeway), 20620 Homestead Road
9. Subject: Recology Cupertino's request for payment of $8,023 to cover additional costs to
process commercial organic materials collected in calendar year 2017
Recommended Action: Authorize a payment of $8,023 · to Recology Cupertino from the
Resource Recovery fund 520-81-801 to cover additional costs to process commercial organic
materials collected in calendar year 2017
10. Subject: Annexation of Creston Dr. 18-01 (10598 Creston Dr. -APN 326-12-089)
Recommended Action: Adopt Resolution No. 18-099 making determinations and
approving. the annexation of territory designated as "Creston Dr. 18-01" of approximately
0.31 acre of land located on the north side of Creston Drive, between Groveland Drive and
Alderney Court
11. Subject: Reject all bids for a construction contract for the McClellan Ranch Preserve
Community Garden Project
Recommended Action: Reject all bids related to the construction of the McClellan Ranch
Preserve Community Garden Improvements Project (Project No. 2019-06) and authorize the
rebid of the project
SECOND READING OF ORDINANCES
12. Subject: Second Reading of an Ordinance Designating Additional Preferential Parl~ing
Zones Ordinance on Noble Fir Court, Red Fir Court and White Fir Court (Continued from
September 18)
Recommended Action: 1. Conduct the second reading of Ordinance No. 18-2176: "An·
Ordinance of the City Council of the City of Cupertino Amending Cupertino 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. Enact the ordinance. Note: The first
reading was conducted on August 21 and there were no changes to the ordinance.
City Council Minutes October 2, 2018
Director of Public Works Timm Borden introduced the item.
Mayor Paul opened public comment and the following individual spoke on this item:
Amar Sajapuram (Cupertino resident) on behalf of Roundtree Cupertino Board of
Directors Management.
Mayor Paul closed public comment.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2176.
Chang moved and Sinks seconded to read Ordinance No. 18-2176 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.
Chang moved and Sinks seconded to enact Ordinance No. 18-2176. Ayes: Paul, Chang,
Scharf, Sinks, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
13. Subject: Second reading and enactment of ordinances to amend the Municipal Code to
allow Adoption and Implementation of Vallco Town Center Specific Plan, to Rezone the
Parcels within the Vallco Special Area and to Approve a Development Agreement by and
Between the City of Cupertino and Vallco Property Owner LLC for the Development of
Valko Town Center. (Application Number(s): MCA-2018-01, Z-2018-01, DA-2015-02;
Applicant(s): City of Cupertino (Municipal Code and Zoning Amendments) and Valko
Property Owner, LLC (Development Agreement); Location: 10101 to 10333 North Wolfe·
Road APN: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-
106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095)
Recommended Action: Conduct the second reading and enact:
1. Ordinance No. 18-2177: "An Ordinance of the City Council of the City of Cupertino
Amending the Municipal Code to Allow Adoption and Implementation of
Vallco Town Center Specific Plan;"
2. Ordinance No. 18-2178: "An Ordinance of the City Council of the City of Cupertino
Rezoning the Parcels within the Vallco Special Area;" and
3. Ordinance No. 18-2179: "Ordinance of the City Council of the City of Cupertino
Approving a Development Agreement by and Between the City of Cupertino and Vallco
Property Owner LLC for the Development of Vallco Town Center."
Written communications for this item included emails to Council, redline changes to the
ordinance, and a staff presentation.
City Council Minutes
Senior Planner Catarina Kidd reviewed the staff report and presentation.
Staff answered questions from Council.
Mayor Paul opened public comment and the following individuals spoke:
October 2, 2018
Sujatha Venkatraman and Monica Chandra on behalf of West Valley Community Services
Andrew Walter (Cupertino resident) on behalf of Cupertino Chamber ofCommerce
Jan Stokely on behalf of Housing Choices
Geoff Paulsen (Cupertino resident)
Orrin Mahoney
Kaili Liao (Cupertino resident) on behalf of Friends of Children with Special Needs
. (FCSN)
David Wei (Cupertino resident) on behalf of Organization of Special Needs Families (OSF)
Jean Bedard (Cupertino resident)
Jim Walker (Cupertino resident)
Marie Liu (Cupertino resident)
Guangyn Tang (Cupertino resident) on behalf of FCSN
Sabrina Rizk (Cupertino resident)
Ganesh Suve (Cupertino resident)
Regina Thomas (Cupertino resident) on behalf of Housing Choices
Feng Ye (Cupertino resident)
Pete Heller (Cupertino resident)
Jennifer Griffin
Jeanne Bradford (Cupertino resident)
David Meyer on behalf of Silicon Valley at Home
HemantBuch
Kinjal Buch (Cupertino resident)
Danessa Techmanski (Cupertino resident)
Stanley Tseng (Mountain View resident)
Hung Wei (Cupertino resident)
Kevin McClelland
Ian Greenside (Cupertino resident)
Liang Chao (Cupertino resident) (distributed written comments)
Lisa Warren (Cupertino resident)
Mayor Paul closed public comment.
Council recessed from 8:33 p.m. to 8:42 p.m.
City Council Minutes October 2, 2018
City Clerk Grace Schmidt read the title of Ordinance No. 18-2177.
Chang moved and Sinks seconded to read Ordinance No. 18-2177 by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact Ordinance No. 18-2177. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2178.
Chang moved and Sinks seconded to read Ordinance No. 18-2178 by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact Ordinance No. 18-2178. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2179.
Chang moved and Sinks seconded to read Ordinance No. 18-2179 by title only and that the
City Clerk's reading would constitute the second reading thereof. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
Sinks moved and Chang seconded to enact _Ordinance No. 18-2179. Ayes: Sinks, Chang,
Vaidhyanathan. Noes: Paul, Scharf. Abstain: None. Absent: None.
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
14. Subject: Authorization of grant application to County of Santa Clara's All-Inclusive
Playground Grant Program
Recommended Action: Adopt Resolution No. 18-100 authorizing application to the County
of Santa Clara's All-Inclusive Playground Grant Program for funding to replace an existing
playground at Jollyman Park with an All-Inclusive playground, and related actions.
Written communications for this item included a staff presentation.
Councilmember Vaidhyanathan noted that she had a conflict of interest on this item and
left the dais.
City Council Minutes October 2, 2018
Written communications for this item included a staff presentation.
Park Restoration and Improvement Manager Gail Seeds reviewed the staff report and
presentation.
Staff answered questions from Council.
Scharf moved and Chang seconded to adopt Resolution No. 18-100 authorizing application
to the County of Santa Clara's All-Inclusive Playground Grant Program for funding to
replace an existing playground at Jollyman Park with an All-Inclusive playground, and
related actions. The motion carried with Vaidhyanathan recusing.
Councilmember Vaidhyanathan returned to the dais.
REPORTS BY COUNCIL AND STAFF
15. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
Interim City Manager Amy Chan updated Council regarding nuisance concerns on
Prospect Road as brought up by a resident in Oral Communications. Staff noted that they
would look into the concerns.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 10:14 p.m., Mayor Paul adjourned the meeting.
6AJ...Ql1JI
Grace Schmidt, City Clerk