12-04-2018 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
6:45 PM
10350 Torre Avenue, Council Chamber
Tuesday, December 4, 2018
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Receive Healthy Cities Program award from the Santa Clara County
Public Health Department recognizing the City of Cupertino for its work to support
healthy commutes and encourage the use of active forms of transportation.
Recommended Action: Receive Healthy Cities Program award from the Santa Clara
County Public Health Department recognizing the City of Cupertino for its work to
support healthy commutes and encourage the use of active forms of transportation.
2.Subject: Proclamation to Dynasty Restaurant in Cupertino to recognize the dining
establishment’s work in Cupertino, from its opening in March 2004 to its being
closed in December 2018, as a valued community gathering space welcoming large
groups and patrons from all areas and spectrums of our demographics
Recommended Action: Present proclamation to Dynasty Restaurant in Cupertino to
recognize the dining establishment’s work in Cupertino, from its opening in March
2004 to its being closed in December 2018, as a valued community gathering space
welcoming large groups and patrons from all areas and spectrums of our
demographics
3.Subject: Presentation of Certificates of Recognition for Cupertino Science Fair
winners who participated in the Synopsys Championship
Recommended Action: Certificates of Recognition for Cupertino Science Fair
winners who participated in the Synopsys Championship
POSTPONEMENTS
ORAL COMMUNICATIONS
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December 4, 2018City Council AGENDA
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted
on simultaneously.
4.Subject: Approve the November 20 City Council minutes
Recommended Action: Approve the November 20 City Council minutes
A - Draft Minutes
5.Subject: Resignation of Planning Commissioner Jerry Liu and consolidation of
unscheduled vacancy recruitment with the annual recruitment of all commission and
committee members’ terms expiring January 30, 2019
Recommended Action: Accept resignation of Planning Commissioner Jerry Liu and
direct staff to fill the unscheduled (partial) vacancy with the annual recruitment of all
commission and committee members’ terms expiring January 30, 2019
Staff Report
A - Jerry Liu Resignation
B - Special Notice of Vacancy
C - Local Appointments List and Notice of Vacancies for 2019
6.Subject: Approval of Contract Change Order No. 1 for the McClellan Road
Separated Bikeway Phase 1A Project (No. 2017-01.04)
Recommended Action: 1. Approve Contract Change Order No. 1 for the McClellan
Road Separated Bikeway Phase 1A Project in the amount of One Hundred Twenty
Thousand Dollars ($120,000); and
2. Authorize an increase in the construction contingency from $182,000 to $302,000.
The additional $120,000 in the construction contingency will fund Contract Change
Order No. 1, which will allow for the project start date to be postponed to May 2019.
Staff Report
SECOND READING OF ORDINANCES
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December 4, 2018City Council AGENDA
7.Subject: Second Reading of Ordinances Regarding City Commissions and
Recommendations for Improving Effectiveness and Communications with the City
Council
Recommended Action: 1. Conduct the second reading and enact Ordinance No. 18-
2180: “An Ordinance of the Cupertino City Council Amending the Cupertino
Municipal Code, Title 2, to Update, Clarify, and Improve Consistency in Various
Provisions Pertaining to City Commissions.” The first reading was conducted on
November 20 and there were no substantive changes to the ordinance requested by
Council.
2. Conduct the second reading and enact Ordinance No. 18-2181: “An Ordinance of
the Cupertino City Council Adding Chapter 2.95 to the Cupertino Municipal Code,
Title 2, to Establish the Teen Commission by Ordinance.” The first reading was
conducted on November 20 and there were no changes to the ordinance.
3. Conduct the second reading and enact Ordinance No. 18-2182: “An Ordinance of
the Cupertino City Council Repealing Ordinance No. 006 and Amending Chapter 2.08
of the Cupertino Municipal Code Regarding Adoption of Robert’s Rules of Order.”
The first reading was conducted on November 20 and there were no changes to the
ordinance.
Staff Report
A - Draft Ordinance No. 18-2180
B - Redline of labeling added to Ordinance No. 18-2180
C - Draft Ordinance No. 18-2181
D- Draft Ordinance No. 18-2182
PUBLIC HEARINGS
8.Subject: Vacate an Easement for Storm Drain Retention Basin Purposes located
on 23500 Cristo Rey Drive
Recommended Action: Conduct a public hearing and adopt Resolution No. 18-116 to
vacate an easement for storm drain retention basin purposes located on 23500 Cristo
Rey Drive
Staff Report
A – Storm Drain Retention Basin Easement Area
B – New Storm Drain Easement
C - Draft Resolution
ORDINANCES AND ACTION ITEMS
REPORTS BY COUNCIL AND STAFF
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December 4, 2018City Council AGENDA
9.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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December 4, 2018City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City
Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?
page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the City Council concerning any item
that is described in the notice or agenda for this meeting, before or during
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December 4, 2018City Council AGENDA
consideration of that item. If you wish to address the Council on any issue that is on
this agenda, please complete a speaker request card located in front of the Council,
and deliver it to the Clerk prior to discussion of the item. When you are called, proceed
to the podium and the Mayor will recognize you. If you wish to address the City
Council on any other item not on the agenda, you may do so by during the public
comment portion of the meeting following the same procedure described above. Please
limit your comments to three (3) minutes or less.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4637 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/20/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Receive Healthy Cities Program award from the Santa Clara County Public Health
Department recognizing the City of Cupertino for its work to support healthy commutes and
encourage the use of active forms of transportation.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Receive Healthy Cities Program award from the Santa Clara County Public Health
Department recognizing the City of Cupertino for its work to support healthy commutes and
encourage the use of active forms of transportation.
Receive Healthy Cities Program award from the Santa Clara County Public Health Department
recognizing the City of Cupertino for its work to support healthy commutes and encourage the
use of active forms of transportation.
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4654 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/27/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Proclamation to Dynasty Restaurant in Cupertino to recognize the dining establishment’s
work in Cupertino, from its opening in March 2004 to its being closed in December 2018, as a valued
community gathering space welcoming large groups and patrons from all areas and spectrums of our
demographics
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Proclamation to Dynasty Restaurant in Cupertino to recognize the dining
establishment’s work in Cupertino, from its opening in March 2004 to its being closed in
December 2018, as a valued community gathering space welcoming large groups and patrons
from all areas and spectrums of our demographics
Present proclamation to Dynasty Restaurant in Cupertino to recognize the dining
establishment’s work in Cupertino, from its opening in March 2004 to its being closed in
December 2018, as a valued community gathering space welcoming large groups and patrons
from all areas and spectrums of our demographics
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4647 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:11/26/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Presentation of Certificates of Recognition for Cupertino Science Fair winners who
participated in the Synopsys Championship
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Presentation of Certificates of Recognition for Cupertino Science Fair winners who
participated in the Synopsys Championship
Certificates of Recognition for Cupertino Science Fair winners who participated in the
Synopsys Championship
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3294 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:12/4/2018
Title:Subject: Approve the November 20 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Approve the November 20 City Council minutes
Approve the November 20 City Council minutes
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, November 20, 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.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamations to Cupertino Girl Scout Troop 60657 Silver Award Recipients
recognizing their work in the community
Recommended Action: Present proclamations to Cupertino Girl Scout Troop 60657 Silver
Award Recipients recognizing their work in the community
Mayor Paul presented Proclamations to Cupertino Girl Scout Troop 60657 Silver Award
Recipients recognizing their work in the community.
2. Subject: Present Certificates of Appreciation to volunteers at the Silicon Valley Korean
School (SVKS)
Recommended Action: Present Certificates of Appreciation to volunteers at the Silicon
Valley Korean School (SVKS)
Mayor Paul presented Certificates of Appreciation to volunteers at the Silicon Valley
Korean School (SVKS).
POSTPONEMENTS - None
ORAL COMMUNICATIONS
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City Council Minutes November 20, 2018
Phyllis Dickstein (Cupertino resident) talked about the annual Mayor/Vice Mayor rotation;
concern over potential Brown Act violation of three Councilmembers; and political views
regarding the SB35 project.
Jennifer Shearin (Cupertino resident) speaking also as Chair of the Cupertino Bicycle
Pedestrian Commission talked about the Regnart Creek Trail.
Tim McRae (San Jose resident) speaking on behalf of the Silicon Valley Leadership Group
talked about the upcoming 14th Annual Applied Materials Turkey Trot fundraiser held on
Thanksgiving Day.
Chris Moylan (Sunnyvale resident) speaking on behalf of Congressman Ro Khanna talked
about the upcoming Town Hall meeting to be held in Cupertino in January and also invited
college students to apply to intern in the Congressman’s office .
Balaji Ghalam (Cupertino resident) talked about negative experiences with disrupters during
the signing of the Referendum petitions.
Ignatius Ding (Cupertino resident) also speaking on behalf of Tessa Parish (Cupertino
resident) and Pam Hershey (Cupertino resident) talked about negative experiences with
disrupters during the signing of the Referendum petitions and also concern over the former
City Attorney’s absence (he distributed written comments).
Rhoda Fry (Cupertino resident) talked about fire safety in Cupertino especially in buildings.
Muni Madhdhipatla (Cupertino resident) talked about negative experiences with disrupters
during the signing of the Referendum petitions and concern over flyers with the Vice
Mayor’s picture being distributed giving the impression that the City was against the
petitions.
Naidu Bollineni (Cupertino resident) talked about negative experiences with disrupters
during the signing of the Referendum petitions.
Joe Pereira (Cupertino resident) talked about negative experiences with disrupters during
the signing of the Referendum petitions.
Lisa Warren read an email she had received addressed to Better Cupertino supporters
regarding the Vice Mayor (she distributed written comments).
Barry Chang speaking as a private resident talked about not being allowed to speak at the
12
City Council Minutes November 20, 2018
last meeting which violated his right to freedom of speech.
CONSENT CALENDAR
Chang moved and Sinks seconded to approve the items on the Consent Calendar as presented
with the exception of item numbers 3 and 9 which were pulled for discussion. Ayes: Paul, Sinks,
Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the November 5 City Council minutes
Recommended Action: Approve the November 5 City Council minutes
Lisa Warren spoke on this item.
Sinks moved and Scharf seconded to approve the November 5 City Council minutes as
amended on page 3 regarding report out of closed session to read: “Before Council went
into closed session, the following individuals spoke:” The motion carried with Chang
voting no.
4. Subject: Accept Accounts Payable for the period ending August 24, 2018
Recommended Action: Adopt Resolution No. 18-107 accepting Accounts Payable for the
period ending August 24, 2018
5. Subject: Accept Accounts Payable for the period ending August 31, 2018
Recommended Action: Adopt Resolution No. 18-108 accepting Accounts Payable for the
period ending August 31, 2018
6. Subject: Accept Accounts Payable for the period ending September 07, 2018
Recommended Action: Adopt Resolution No. 18-109 accepting Accounts Payable for the
period ending September 07, 2018
7. Subject: Accept Accounts Payable for the period ending September 14, 2018
Recommended Action: Adopt Resolution No. 18-110 accepting Accounts Payable for the
period ending September 14, 2018
8. Subject: Declare weeds to be a public nuisance and set hearing date of January 15 to consider
objections for proposed removal
Recommended Action: Adopt Resolution No. 18-111 declaring weeds to be a public
nuisance and setting a hearing date of January 15 to consider objections to proposed
removal
13
City Council Minutes November 20, 2018
9. Subject: Guidelines for an 18-month pilot program to enable bicycle sharing systems to
operate within Cupertino, subject to City criteria regarding parking, quality of bicycles, and
other factors.
Recommended Action: Adopt Resolution No. 18-112, "A Resolution of the City Council of
Cupertino approving guidelines enabling an 18-month pilot program for dockless bicycle
sharing."
Written communications for this item included a staff presentation.
Director of Public Works Timm Borden and Senior Transit & Transportation Planner Chris
Corrao reviewed the staff report and presentation.
Vaidhyanathan moved and Sinks seconded to adopt Resolution No. 18-112, "A Resolution
of the City Council of Cupertino approving guidelines enabling an 18-month pilot program
for dockless bicycle sharing with an amendment to the policy scope to change 72 hours to
4 hours for vendor response time to remove equipment and to check back with Council in
9 months." The motion carried unanimously.
In open session, Mayor Paul reported out on a closed session meet ing that was held on November
8.
Subject: Conference with Real Property Negotiators (§ 54956.8). Property: Cupertino Library,
10800 Torre Ave, Cupertino, CA 95014. Agency Negotiation: Jaqui Guzmán, Deputy City
Manager and Chad Mosely, City Engineer. Negotiating Parties: Santa Clara County Librar y JPA.
Under Negotiation: Terms of lease, price, and payment.
Mayor Paul reported out that direction was given and no final action was taken.
Subject: Public Employment (Gov't Code Section 54957) - Title: City Attorney
Before Council went into closed session, Randy Shingai spoke.
Mayor Paul reported out that direction was given and no final action was taken.
SECOND READING OF ORDINANCES – None
PUBLIC HEARINGS – None
ORDINANCES AND ACTION ITEMS
14
City Council Minutes November 20, 2018
10. Subject: Approve the First Quarter Financial Report for Fiscal Year 2018-19
Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2018-19; and 2. Approve the First Quarter adjustments for Fiscal Year 2018-19 as
described in the First Quarter Financial Report; and 3. Adopt Resolution No. 18-113
approving First Quarter Budget Adjustments
Written communications for this item included a staff presentation.
Director of Administrative Services Kristina Alfaro reviewed the staff report.
Sinks moved and Chang seconded to 1. Accept the City Manager's First Quarter Financial
Report for Fiscal Year 2018-19; and 2. Approve the First Quarter adjustments for Fiscal Year
2018-19 as described in the First Quarter Financial Report; and 3. Adopt Resolution No. 18-
113 approving First Quarter Budget Adjustments with an amendment regarding
suspending funding for the Sievert property ($37,000) and the Blesch Property ($2,500), and
bring the item back to a future Council meeting with a plan for consideration. The motion
carried unanimously.
Council recessed from 9:10 p.m. to 9:20 p.m.
11. Subject: Overview of City Commissions and reco mmendations for improving their
effectiveness and communications with the City Council
Recommended Action: 1. Conduct the first reading of Ordinance No. 18-2180: “An
Ordinance of the Cupertino City Council Amending the Cupertino Municipal Code, Title
2, to Update, Clarify, and Improve Consistency in Various Provisions Pertaining to City
Commissions” 2. Conduct the first reading of Ordinance No. 18-2181: “An Ordinance of the
Cupertino City Council Adding Chapter 2.95 to the Cupertino Municipal Code, Title 2, to
establish the Teen Commission by Ordinance” 3. Conduct the first reading of Ordinance
No. 18-2182: “An Ordinance of the Cupertino City Council Repealing Ordinance No. 006
and Amending Chapter 2.08 of the Cupertino Municipal Code Regarding Adoption of
Robert’s Rules of Order” 4. Adopt Resolution No. 18-114 adopting Rosenberg’s Rules of
Order as the official Parliamentary Procedures for City Council meetings 5. Adopt
Resolution No. 18-115 adopting the City of Cupertino Code of Ethics and Conduct for
Elected and Appointed Officials 6. Approve staff recommendations to improve efficiency
and communication detailed in the Summary of Recommendations section of this report
Written communications for this item included emails to Council and a staff presentation.
Senior Management Analyst Katy Nomura reviewed the staff report.
15
City Council Minutes November 20, 2018
Mayor Paul opened public comment and the following individuals spoke on this item:
Jennifer Griffin
Marie Liu (Cupertino resident)
Jean Bedord (Cupertino resident)
Rhoda Fry
David Fung (Cupertino resident)
Mayor Paul closed public comment.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2180.
Chang moved and Sinks seconded to read Ordinance No. 18-2180 by title only and that the
City Clerk’s reading would constitute the first reading thereof. Ayes: Paul, Sinks, Chang,
Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2181.
Chang moved and Sinks seconded to read Ordinance No. 18-2181 by title only and that the
City Clerk’s reading would constitute the first reading thereof. Ayes: Paul, Sinks, Chang,
Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
City Clerk Grace Schmidt read the title of Ordinance No. 18-2182.
Chang moved and Sinks seconded to read Ordinance No. 18-2182 by title only and that the
City Clerk’s reading would constitute the first reading thereof. Ayes: Paul, Sinks, Chang,
Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
Sinks moved and Chang seconded to adopt Resolution No. 18-114 adopting Rosenberg’s
Rules of Order as the official Parliamentary Procedures for City Council meetings. The
motion carried unanimously. (Sinks original motion added the requirement of 2/3 of body
to stop a debate and he retracted that motion to go with staff recommendation as written).
Sinks moved and Chang seconded to adopt Resolution No. 18-115 adopting the City of
Cupertino Code of Ethics and Conduct for Elected and Appointed Officials with the
following amendments: Chair of meeting will inform the public regarding establishing
proper decorum at meetings to make a welcoming environment for speakers; highlight
mutual respect with Council toward each other and the public; add social media guidelines;
include guidelines on appropriate conduct of Councilmembers with staff. The motion
carried unanimously.
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City Council Minutes November 20, 2018
Sinks moved and Chang seconded to approve staff recommendations to improve efficiency
and communication detailed in the Summary of Recommendations section of this report.
With the following additions: All commissions will audio record their meetings, do action
minutes, and retention will be updated to make the audio recordings be a permanent record
as per noted in staff report item 4a under Summary of Recommendations; instead of the
Mayor reporting out to Council on Mayor’s meeting, the commission will report on mayor’s
meeting in Items every other month. The motion carried unanimously.
12. Subject: Consider updates to the City's Policies and Guidelines on Sister Cities, Friendship
Cities, and International Delegations
Recommended Action: Approve amendments to Policies and Guidelines on Sister Cities,
Friendship Cities, and International Delegations
Deputy City Manager Jaqui Guzman reviewed the staff report.
Chang moved and Scharf seconded to approve amendments to Policies and Guidelines on
Sister Cities, Friendship Cities, and International Delegations with the following
amendments: To exempt from the new policy the two Friendship Cities applying to renew;
strike language added under Travel Expenses regarding lodging and other trip-related
expenses should be covered by the host city or Sister City Committee and are not eligible
for reimbursement; clarify language that it’s one trip per Councilmember per year to receive
50% reimbursement; and increase host-city dignitary gift to $200. The motion carried
unanimously.
REPORTS BY COUNCIL AND STAFF
13. 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 12:25 a.m. on Wednesday, November 21, Mayor Paul adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
17
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4655 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/28/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Resignation of Planning Commissioner Jerry Liu and consolidation of unscheduled vacancy
recruitment with the annual recruitment of all commission and committee members’ terms expiring
January 30, 2019
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Jerry Liu Resignation
B - Special Notice of Vacancy
C - Local Appointments List and Notice of Vacancies for 2019
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Resignation of Planning Commissioner Jerry Liu and consolidation of unscheduled
vacancy recruitment with the annual recruitment of all commission and committee members’
terms expiring January 30, 2019
Accept resignation of Planning Commissioner Jerry Liu and direct staff to fill the unscheduled
(partial) vacancy with the annual recruitment of all commission and committee members’ terms
expiring January 30, 2019
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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From:Grace Schmidt, MMC
To:Grace Schmidt, MMC
Subject:Jerry Liu resignation
Date:Wednesday, November 28, 2018 7:34:21 PM
Hi Grace, I am submitting my resignation from the Cupertino Planning Commission effective December 10, 2018
due to my election as a Governing Board Member for the Cupertino Union School District. Thank you.
Jerry (sent via text)
19
CITY OF CUPERTINO
PLANNING COMMISSION
SPECIAL NOTICE OF VACANCY
Notice is hereby given that the City of Cupertino is accepting applications for one unscheduled
vacancy on the Planning Commission. The vacancy occurred when Commissioner Jerry Liu
resigned. The (partial) term of this vacancy expires on January 30, 2021 and does not count as a
full term. The application deadline is 4:30 p.m. on Friday, January 11, 2019. Council will interview
candidates concurrent with the annual recruitment for all commission and committee members’
terms expiring January 30, 2019 beginning at 5:00 p.m. on Monday and Tuesday, January 28 and
29.
The Commission consists of five members appointed by the Council to overlapping four-year
terms. Each member shall be a qualified elector in and resident of the City. None of the members
shall be officials or employees of the City and none of whom shall cohabit with as defined by law,
nor be related by blood or marriage to any other member of the Commission, the City Manager
or the staff person(s) assigned to this Commission. The Commission’s primary function is to
advise the City Council on land use matters such as specific and general plans, zonings and
subdivisions. The Commission reviews other matters as specified by City ordinances or Title VII
of the Government Code of California. The Planning Commission falls under the Political Reform
Act of 1974 and financial disclosure is required. Regular meetings are held at 6:45 on the second
and fourth Tuesday of the month in the Community Hall. Commissioners must take an ethics
course every two years. For more information, contact staff liaison Benjamin Fu at 408-777-3247
or benjaminf@cupertino.org.
Applications can be downloaded or completed via the Online Advisory Appointment
Application at www.cupertino.org/vacancies. For more details, please see the website or call the
City Clerk’s Office at (408) 777-3223.
20
1
LOCAL APPOINTMENTS LIST
AND NOTICE OF COMMISSION AND COMMITTEE TERMS EXPIRING IN 2019
NOTICE IS HEREBY GIVEN that residents are encouraged to apply for positions on City
commissions that will have vacancies in January of 2019 . The application deadline is 4:30
p.m. on Friday, January 11, 2019. Council will conduct interviews beginning at 5:00 p.m. on
Monday, January 28, 2019 and Tuesday, January 29, 2019. Commissioners are appointed
by the City Council and may serve a total of two consecutive 4-year terms (the Teen
Commission has a different term structure). Council may also appoint alternates to serve
on commissions and committees in the event of a vacancy. A commissioner may serve
more than two consecutive terms if he or she has been appointed to fill an unexpired
(partial) term of less than two years. All meetings are open to the public. For more
information or to apply for a commission, please contact the City Clerk’s Office, 777-3223
or cityclerk@cupertino.org; or visit the City website at www.cupertino.org/vacancies.
BICYCLE PEDESTRIAN COMMISSION
3 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Gerhard Eschelbeck 1/30/17 First term ends 1/30/19 Yes
Erik Lindskog 1/27/15 First term ends 1/30/19 Yes
Sean Lyn 1/27/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members who are residents of the City
and shall be appointed by the Council to four-year overlapping terms. None shall be
officials or employees of the City nor cohabit with, as defined by law, nor be related by
blood or marriage to, any member of the committee, the City Manager or the staff
person or persons assigned to the Commission. The function of the Commission is to
review, monitor and suggest recommendations for City transportation matters including,
but not limited to bicycle and pedestrian traffic, parking, education and recreation
within Cupertino. The Bicycle Pedestrian Commission falls under the Political Reform Act
of 1974 and financial disclosure is required. Regular meetings are held monthly on the
third Wednesday at 7 p.m. in City Hall, Conference Room C. For more information, call
staff liaison David Stillman at 408-777-3249 or davids@cupertino.org.
FINE ARTS COMMISSION
2 available seats (residency requirement for three out of five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Michael Sanchez 1/28/13; and 1/27/15 Second term ends 1/30/19 No
Janki Chokshi 1/26/16 First term ends 1/30/19 Yes
21
2
Qualifications: The Commission consists of five members appointed by Council for four -
year terms. None of the members shall be employees or officials of the City, nor cohabit
with as defined by law, nor be related by blood or marriage to any member of the
Commission, the City Manager or staff person assigned to the Commission. At least three
shall be Cupertino residents. The powers and functions of the Fine Arts Commission are
to foster, encourage and assist the realization, preservation and advancement of the
fine arts for the benefit of the community. The Fine Arts Commission falls under the
Political Reform Act of 1974 and financial disclosure is required. Regular meetings are
held on the 4th Monday of every other month (odd months) and more often as
necessary at 7:00 p.m. in City Hall, Conference Room C. For more information, contact
staff liaison Catarina Kidd at 408-777-3214 or finearts@cupertino.org.
HOUSING COMMISSION
1 available seat (residency requirement for three out of five members; Business and
financial institution representatives must be located in Cupertino)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Sanjiv Kapil 1/30/17 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members appointed by the council to
four-year terms. One must be a representative from a Cupertino financial institution and
another from a Cupertino business. Housing Commission members who are
representatives of a financial institution or a business are not required to be Cupertino
residents, but the financial institution and the business represented must be located in
Cupertino. The three remaining community members must be residents of Cupertino.
The commission assists in developing housing policies and strategies, recommends
policies for implementation and monitoring of affordable housing projects, helps identify
sources of funding for affordable housing and performs other advisory functions
authorized by the City Council. The Cupertino Housing Commission falls under the
Political Reform Act of 1974 and financial disclosure is required. Regular meetings are
held at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C.
For more information, contact staff liaison Kerri Heusler at 408 -777-3251 or
kerrih@cupertino.org.
LIBRARY COMMISSION
2 available seats (residency requirement three out of five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Rose Grymes 1/25/11; and 1/27/15 Second term ends 1/30/19 No
Gopal Kumarappan 1/27/15 First term ends 1/30/19 Yes
22
3
Qualifications: The Commission consists of five members appointed by the Council to
four-year, overlapping terms. At least three members must be residents of Cupertino.
None of the members shall be officials or employees of the City, nor cohabit with, as
defined by law, nor be related by blood or marriage to any member of the Commission,
the City Manager or the staff person(s) assigned to this Commission. The Commission
advises the City Council on the adequacy of library service within the community and
such other matters relating to library service as specified by the city council, and serves
as liaison between the city and the Santa Clara County library system . The Library
Commission falls under the Political Reform Act of 1974 and financial disclosure is
required. Regular meetings are held monthly on the first Wednesday of each month at
7:00 p.m. in the Cupertino Library, 10800 Torre Avenue, Story Room. For more information,
call staff liaison Christine Hanel at 408-777-3120 or christineh@cupertino.org.
PARKS AND RECREATION COMMISSION
2 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Meenakshi Biyani 3/21/17 Partial term ends 1/30/19 Yes
Carol Stanek 1/26/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members who are residents of the City
and shall be appointed by the Council to four-year, overlapping terms. None of the
members shall be officials or employees of the City, nor cohabit with as defined by law,
nor be related by blood or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission. The commission advises the
City Council on municipal activities in relation to parks and recreation, including park
site acquisition and development, recreation program policy, and expansion of the
park program as development occurs. The Parks and Recreation Commission falls under
the Political Reform Act of 1974 and financial disclosure is required. Regular meetings
are held at 7:00 p.m. on the first Thursday of each month in the Community Hall. For more
information, contact staff liaison Jeff Milkes at 408-777-3120 or parks@cupertino.org.
PLANNING COMMISSION
2 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Don Sun 1/24/11; and 1/26/15 Second term ends 1/30/19 No
Geoffrey Paulsen 1/26/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members appointed by the Council to
overlapping four-year terms. Each member shall be a qualified elector in and resident
of the City. None of the members shall be officials or employees of the City and none of
whom shall cohabit with as defined by law, nor be related by blood or marriage to any
other member of the Commission, the City Manager or the staff person(s) assigned to
this Commission. The Commission’s primary function is to advise the City Council on land
use matters such as specific and general p lans, zonings and subdivisions. The
Commission reviews other matters as specified by City ordinances or Title VII of the
Government Code of California. The Planning Commission falls under the Political
Reform Act of 1974 and financial disclosure is required. Regular meetings are held at
6:45 on the second and fourth Tuesday of the month in the Community Hall.
Commissioners must take an ethics course every two years. For more information,
contact staff liaison Benjamin Fu at 408-777-3247 or benjaminf@cupertino.org.
23
4
AUDIT COMMITTEE
No vacancies
There are no terms expiring in January 2019
PUBLIC SAFETY COMMISSION
No vacancies
There are no terms expiring in January 2019
TEEN COMMISSION
No vacancies
There are no terms expiring in January 2019
SUSTAINABILITY COMMISSION
No vacancies
There are no terms expiring in January 2019
TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION
3 available seats (residency requirement for all five members)
Incumbent Date Appointed Term Expires Eligible to
Reapply?
Mukesh Garg 6/8/17 Partial term ends 1/30/19 Yes
Keita Broadwater 3/18/15 First term ends 1/30/19 Yes
Vaishali Deshpande 3/18/15 First term ends 1/30/19 Yes
Qualifications: The Commission consists of five members, from among the qualified
electors of the City, appointed by the council to four-year, overlapping terms. None of
the members shall be officials or employees of the City, nor cohabit with, as defined by
law, nor be related by blood or marriage to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission. They advise the city council
on all matters relating to telecommunications within the city of Cupertino, including
evaluating compliance with any franchise or other agreement between the city and a
telecommunications provider and conducting periodic reviews of providers, facilities,
and products. In addition, members serve as liaisons between the city, the public, and
telecommunications providers in enhancing education and information. The
commission also provides support for community access television, especially public
and educational access, and gives guidance when needed for development and
implementation of access channels and programming. The Technology, Information,
and Communications Commission falls under the Political Reform Act of 1974 and
financial disclosure is required. Regular meetings are held at least once every three
months and, at the discretion of the Commission, other meetings may be held as
necessary or expedient. Meetings usually fall on the first Wednesday of the month at
7:00 p.m. in City Hall Conference Room A. For more information, call staff liaison Bill
Mitchell at 408-777-1333 or billm@cupertino.org.
24
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4579 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:11/5/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Approval of Contract Change Order No. 1 for the McClellan Road Separated Bikeway Phase
1A Project (No. 2017-01.04)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Approval of Contract Change Order No. 1 for the McClellan Road Separated Bikeway
Phase 1A Project (No. 2017-01.04)
1. Approve Contract Change Order No. 1 for the McClellan Road Separated Bikeway Phase 1A
Project in the amount of One Hundred Twenty Thousand Dollars ($120,000); and
2. Authorize an increase in the construction contingency from $182,000 to $302,000. The
additional $120,000 in the construction contingency will fund Contract Change Order No. 1,
which will allow for the project start date to be postponed to May 2019.
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4642 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:11/21/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Second Reading of Ordinances Regarding City Commissions and Recommendations for
Improving Effectiveness and Communications with the City Council
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance No. 18-2180
B - Redline of labeling added to Ordinance No. 18-2180
C - Draft Ordinance No. 18-2181
D- Draft Ordinance No. 18-2182
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Second Reading of Ordinances Regarding City Commissions and Recommendations
for Improving Effectiveness and Communications with the City Council
1. Conduct the second reading and enact Ordinance No. 18-2180: “An Ordinance of the
Cupertino City Council Amending the Cupertino Municipal Code, Title 2, to Update,
Clarify, and Improve Consistency in Various Provisions Pertaining to City
Commissions.” The first reading was conducted on November 20 and there were no
substantive changes to the ordinance requested by Council.
2. Conduct the second reading and enact Ordinance No. 18-2181: “An Ordinance of the
Cupertino City Council Adding Chapter 2.95 to the Cupertino Municipal Code, Title 2, to
Establish the Teen Commission by Ordinance.” The first reading was conducted on
November 20 and there were no changes to the ordinance.
3. Conduct the second reading and enact Ordinance No. 18-2182: “An Ordinance of the
Cupertino City Council Repealing Ordinance No. 006 and Amending Chapter 2.08 of the
Cupertino Municipal Code Regarding Adoption of Robert’s Rules of Order.” The first
reading was conducted on November 20 and there were no changes to the ordinance.
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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ATTACHMENT B
ORDINANCE NO. __-___
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING THE CUPERTINO MUNICIPAL CODE, TITLE 2, TO UPDATE,
CLARIFY, AND IMPROVE CONSISTENCY IN VARIOUS PROVISIONS
PERTAINING TO CITY COMMISSIONS
WHEREAS, the City Council finds that amending Chapters 2.32, 2.36, 2.60, 2.68, 2.74, 2.80,
2.84, 2.86, 2.88, 2.90, 2.92 and 2.94 of the Cupertino Municipal Code is appropriate and
advisable to improve readability and consistency.
NOW, THEREFORE, the Council of the City of Cupertino does ordain as follows:
SECTION ONE - The following sections of Chapter 2.32 of the Cupertino Municipal Code
pertaining to the Planning Commission are hereby amended to read as follows:
2.32.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Planning Commission shall be four years and shall end on January 30th of the
year their term is due to expire. No commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two consecutive terms if he or she has been
appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment, and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.32.060 Amendments – Records.
A. The affirmative vote of not less than a majority of its total voting members is required
to approve a recommendation to amend the zoning ordinance; the affirmative vote of a majority
present with a quorum present is required to take any other action.
B. The Commission shall keep an accurate record of its proceedings and transactions, and
shall render such reports to the Council as may be required by ordinance or resolution, and shall
submit an annual report to the Mayor. These records shall be filed with the City Clerk.
SECTION TWO - The following sections of Chapter 2.36 of the Cupertino Municipal Code
pertaining to the Parks and Recreation Commission are hereby amended to read as follows:
2.36.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Parks and Recreation Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No commissioner shall serve more than two
consecutive terms except that a commissioner may serve more than two consecutive terms if he
or she has been appointed to the Commission to fill an unexpired term of less than two years.
27
Ordinance No. ___-_____
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.36.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions, and
shall render such reports to the City Council as may be required. These records shall be filed
with the City Clerk.
2.36.80 Powers and Functions
The powers and functions of the City Park and Recreation Commission shall be as
follows:
A. To hold hearings on matters pertaining to planning and development of parks, cultural
activities, historical resources, recreation, community services (including, but not limited to
schools and senior services), and capital expenditures related to community activities and
facilities;
B. To conduct such other hearings as are necessary and in accordance with its own rules
and regulations;
C. To report its decisions and recommendations in writing to the City Council;
D. To consider, formulate and propose programs, activities, resources, plans and
development designed to provide for, regulate and direct the future growth and development of
community activities, parks and a recreation system in order to secure to the City and its
inhabitants better service;
E. To make investigations and reports for future acquisition of park sites;
F. To make, in its advisory capacity, any and all recommendations to the City Council
relating to the above matters, including the extension of the parks, recreation system and
community activities to outlying areas of the City;
G. In cooperation with the Director of Recreation and Community Services, the
Commission will consider, review, and evaluate parks, recreation programs, and community
activities;
H. To consider, formulate, and propose cultural activities and historical preservation for
the City and its residents.
SECTION THREE - Section 2.40.030 of the Cupertino Municipal Code pertaining to the
Disaster Council is hereby removed:
2.40.030 Membership
The Cupertino Disaster Council/Citizen Corps Council shall consist of selected
representatives of the City’s Emergency Organization as defined in section 2.40.070 of this
chapter. The Mayor, or designee, shall serve as Chairperson and the Emergency Services
Coordinator, or designee, as Vice-Chairperson of the Disaster Council/Citizen Corps Council
and shall make recommendations for representatives from the Emergency Organization.
28
Ordinance No. ___-_____
SECTION FOUR - The following sections of Chapter 2.60 of the Cupertino Municipal Code
pertaining to the Public Safety Commission are hereby amended to read as follows:
2.60.020 Terms of Office
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Public Safety Commission shall be for four years and shall end on January 30th
of the year their term is due to expire. No commissioner shall serve more than two consecutive
terms except that a commissioner may serve more than two consecutive terms if he or she has
been appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.60.060 Records.
The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the City Council as may be required. These records shall be
filed with the City Clerk.
SECTION FIVE - The following sections of Chapter 2.68 of the Cupertino Municipal Code
pertaining to the Library Commission are hereby amended to read as follows:
2.68.020 Terms of Office.
A. Commission members serve at the pleasure of the City Council. The term of office of
the members of the Library Commission shall be for four years and shall end on January 30th of
the year their term is due to expire. No commissioner shall serve more than two consecutive
terms except that a commissioner may serve more than two consecutive terms if he or she has
been appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.68.060 Records.
The Commission shall keep a record of its proceedings and transactions, and shall render
such reports to the City Council as may be required. These records shall be filed with the City
Clerk.
SECTION SIX - The following sections of Chapter 2.74 of the Cupertino Municipal Code
pertaining to the Technology, Information, and Communications Commission are hereby
amended to read as follows:
2.74.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Technology, Information, and Communications Commission shall be for four
29
Ordinance No. ___-_____
years and shall end on January 30th of the year their term is due to expire. No commissioner
shall serve more than two consecutive terms except that a commissioner may serve more than
two consecutive terms if he or she has been appointed to the Commission to fill an unexpired
term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.74.050 Records.
The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the City Council as may be required. These records shall be
filed with the City Clerk.
SECTION SEVEN - The following sections of Chapter 2.80 of the Cupertino Municipal Code
pertaining to the Fine Arts Commission are hereby amended to read as follows:
2.80.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Fine Arts Commission shall be for four years and shall end on January 30th
of the year their term is due to expire. No commissioner shall serve more than two
consecutive terms, except that a commissioner may serve more than two consecutive terms if
he or she has been appointed to the Commission to fill an unexpired term of less than two
years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.80.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions and shall
render such reports to the City Council as may be required. These records shall be filed with the
City Clerk.
SECTION EIGHT - The following sections of Chapter 2.84 of the Cupertino Municipal Code
pertaining to the Planning CommissionEnvironmental Review Committee are hereby amended to
read as follows:
2.84.020 Terms of Office.
The terms of staff members are ongoing unless changed by action of the City
Council. The term of the City Council person and Planning Commissioner shall be reviewed
periodically by the City Council and Planning Commission respectively for reappointment or a
new appointment. Because this Committee is composed of staff and members of other bodies it
is not directly governed by the Resolution of the Cupertino City Council which governs advisory
bodies.
2.84.070 Records.
30
Ordinance No. ___-_____
The Committee shall keep an accurate record of its proceedings and transactions, and shall
render such reports to the City Council and Planning Commission as may be required. These
records shall be filed with the City Clerk.
SECTION NINE - The following sections of Chapter 2.86 of the Cupertino Municipal Code
pertaining to the Housing Commission are hereby amended to read as follows:
2.86.030 Terms of Office.
A. Housing commissioners serve at the pleasure of the City Council. The term of
office of the members of the Housing Commission shall be for four years commencing on the
date of their respective appointments to the Housing Commission or its predecessor
Commission and shall end on January 30th of the year their terms are due to expire. No
member shall serve more than two consecutive terms except that a member may serve more
than two consecutive terms if he or she has been appointed to the Commission to fill an
unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.86.090 Records.
The Commission shall keep an accurate record of its proceedings and transactions and
shall render such reports to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
SECTION TEN - The following sections of Chapter 2.88 of the Cupertino Municipal Code
pertaining to the Audit Committee are hereby amended to read as follows:
2.88.030 Terms of Office.
A. Audit Committee members serve at the pleasure of the City Council. The term of
office of the members of the Audit Committee shall be for four years commencing on the
date of their respective appointments to the Audit Committee and shall end on January 30th
of the year the terms are due to expire. No Audit Committee member shall serve more than
two consecutive terms unless he or she has been appointed to the committee to fill an
unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Audit Committee are governed by the Resolution of the City Council which governs advisory
bodies.
2.88.090 Records.
The committee shall keep an accurate record of its proceedings and transactions and shall
render such reports to the City Council and Planning Commission as may be required. These
records shall be filed with the City Clerk.
31
Ordinance No. ___-_____
SECTION ELEVEN - The following sections of Chapter 2.90 of the Cupertino Municipal Code
pertaining to the Design Review Committee are hereby amended to read as follows:
2.90.080 Records.
A. The committee shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council and Planning Commission directly after
each meeting. The appeal of said decision is governed by Chapter 19.12 of the zoning
code. The committee shall also comply with all requirements of the State of California Open
Meeting Law (the Brown Act), including the preparation and posting of meeting agendas.
B. These records shall be filed with the City Clerk.
SECTION TWELVE - The following sections of Chapter 2.92 of the Cupertino Municipal
Code pertaining to the Bicycle Pedestrian Commission are hereby amended to read as follows:
2.92.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Bicycle Pedestrian Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No commissioner shall serve more than
two consecutive terms, except that a commissioner may serve more than two consecutive
terms if he or she has been appointed to the Commission to fill an unexpired term of less than
two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
advisory bodies.
2.92.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions and
shall render such reports to the City Council as may be required. These records shall be filed
with the City Clerk.
SECTION THIRTEEN - The following sections of Chapter 2.94 of the Cupertino Municipal
Code pertaining to the Sustainability Commission are hereby amended to read as follows:
2.94.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The initial term of office
of two of the members of the Commission selected from among the community members
shall be for two years. The initial term of the remaining Commissioners shall be for a four
year period. All subsequent terms shall be for a four year period. All terms shall end on
January 30th of the year the term is due to expire. No Commissioner shall serve more than
two consecutive terms, except that a Commissioner may serve more than two consecutive
terms if he or she has been appointed to the Commission to fill an unexpired term of less than
two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by the Resolution of the Cupertino City Council which governs
32
Ordinance No. ___-_____
advisory bodies.
2.94.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions, and
shall render such reports to the City Council as may be required. These records shall be filed
with the City Clerk.
SECTION FOURTEEN - IMPLEMENTATION.
The City Council hereby authorizes and directs the City Manager to take any action and sign any
documents necessary to implement this Ordinance.
SECTION FIFTEEN - SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by
a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the
remaining portions of this Ordinance. The Council of the City of Cupertino hereby declares that
they would have passed this Ordinance and each section or subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION SIXTEEN - EFFECTIVE DATE; PUBLICATION.
The City Clerk is directed to post and publish this Ordinance in accordance with law in a
newspaper of general circulation printed and published in the County of Santa Clara, or as
otherwise required by law. This ordinance shall take effect thirty (30) days after adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day of
November, 2018 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ day of ____ 2018, by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
33
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4457 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:10/3/2018 City Council
On agenda:Final action:12/4/2018
Title:Subject: Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500 Cristo
Rey Drive
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – Storm Drain Retention Basin Easement Area
B – New Storm Drain Easement
C - Draft Resolution
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500
Cristo Rey Drive
Conduct a public hearing and adopt Resolution No. 18-116 to vacate an easement for storm
drain retention basin purposes located on 23500 Cristo Rey Drive
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: December 4, 2018
Subject
Vacate an Existing Easement for Storm Drain Retention Basin Purposes located on
23500 Cristo Rey Drive
Recommended Action
Conduct a public hearing and adopt Resolution No. 18-XXX to vacate an existing
easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive.
Discussion
On April 17, 2018, the City Council approved the Development Permit DP -2017-01 to
allow additions and renovations to the existing facilities, a new memory care building,
and 23 new independent living units, submitted by the Forum at Rancho San Antonio
(Applicant).
A portion of the proposed memory care building will encroach upon an existing storm
drain retention basin easement (Existing Easement) for a retention pond. The purpose
of the retention pond is to temporarily capture and store storm water runoff for major
storm events. The Applicant submitted a request to vacate the Existing Easement,
reconstruct the retention system to ensure adequate storage capacity, and dedicate and
record a new storm drain retention basin easement (New Easement, Attachment B).
In order to ensure a clean title is conveyed, staff recommends vacating the entire
Existing Easement, and concurrently accepting and recording the New Easement. The
City intends to record both documents, the Existing Easement vacation and the New
Easement dedication, in subsequent order. See Attachment A for the location of the
Existing and New Easement areas.
The project’s civil engineer has performed the necessary hydraulic calculations to
ensure the New Easement area has sufficient capacity to detain a 100-year storm event.
The California Streets and Highways Code requires a two-step process for vacation of a
public easement. On November 5, 2018, the City Council conducted the first step by
adopting Resolution No. 18-106 declaring the City Council’s intent to vacate a storm
drain retention basin easement located on 23500 Cristo Rey Drive, providing for public
notice, and setting this public hearing for December 4, 2018. Now, City Council must
35
conduct the second step, which is to hold the public hearing and adopt a resolution for
the vacation, the form of which is included as Attachment C. The New Easement will
be accepted on behalf of the City by the City Engineer as authorized by City Council
Resolution No. 11-175.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Winnie Pagan, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A – Storm Drain Retention Basin Easement Area
B – New Storm Drain Easement
C - Draft Resolution
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GRANT OF EASEMENT FOR
STORM DRAIN RETENTION BASIN PURPOSES
23500 Cristo Rey Drive, Cupertino, CA 95014
The Roman Catholic Bishop of San Jose, a California corporation sole, hereinafter called
GRANTOR, hereby grants to the CITY OF CUPERTINO, a California municipal corporation,
hereinafter called GRANTEE, the right to excavate for, install, replace, maintain, and use for
storm drain purposes as GRANTEE shall from time to time elect within the real property
described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino,
County of Santa Clara, State of California.
GRANTOR hereby further grants to GRANTEE the right and privilege to enter upon his lands
contiguous to and along the line of the said hereinabove described real property for the purpose
of locating, constructing, repairing, maintaining, or replacing any public storm pipe or
appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection
with the construction or maintenance of said storm drain; there is also granted the right of the use
of sufficient land contiguous to said real property on either or both sides thereof for the purpose
of excavation of and deposit of earth and necessary construction material during the time of
constructing said storm drain and public storm pipe, and any repair thereof.
The foregoing is subject to the following express conditions:
1. The GRANTOR shall retain the obligation to keep the area within the easement free and
clear of buildings, debris, silt and non approved vegetation or structures. The
GRANTOR shall annually maintain and clear the basin area in order to insure the proper
functioning of the basin.
2. The GRANTOR shall be responsible for relocating any facilities other than those
specifically related to the retention basin and public stormwater conveyance at the sole
discretion of the GRANTEE.
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3. The GRANTOR also shall have signs posted at all times in the easement area to warn of a
potential flood hazard.
The Grantee agrees to restore the ground surface and any improvements thereon to its original
grade or condition, unless approved otherwise by the GRANTOR, insofar as it is practicable and
reasonable to do so.
IN WITNESS WHEREOF, executed this day of , 2018. The Roman Catholic Bishop of San Jose, a California corporation sole:
_______________________________
Rev. Msgr. Francis V. Cilia
Attorney in Fact
City of Cupertino:
Timm Borden, PE
Director of Public Works
(Notary acknowledgment to be attached)
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RESOLUTION NO. 18-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
VACATING AN EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES
LOCATED ON 23500 CRISTO REY DRIVE
AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, that an easement for storm drain retention basin purposes located on
23500 Cristo Rey Drive, and more particularly described per Document No. 10533472,
recorded on May 23, 1990 hereto and made part hereof as Exhibits “A”, is to be vacated;
and
WHEREAS, The City Council did, on 5th of November 2018, adopt Resolution
No. 18-106 of intention to vacate the aforementioned easement, and the City Clerk has
published notice and posted signs declaring said intention, and the date, time, and place
of a public hearing to consider said intention, pursuant to the provisions of Section 8320
et seq. of the California Streets and Highways Code; and
WHEREAS, a new storm drain retention basin easement is to be dedicated
superseding the existing storm drain retention basin easement; and
WHEREAS, pursuant to Section 8324 of the California Streets and Highways
Code, the City Council finds, from all the evidence submitted, that the easement
described in the notice of hearing is unnecessary for present or prospective purposes
after conditions have been satisfied; and
WHEREAS, it is deemed to be in the public interests that the City Council elects
to proceed to order said vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby vacates the aforesaid easement, as shown and described per
Document No. 10533472, recorded on May 23, 1990 hereto and made part hereof as
Exhibits “A”, pursuant to the provisions of Section 8320 et seq. of the California Streets
and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cupertino that the City Clerk is hereby authorized, upon notification from the
Director of Public Works that the Applicant has met all precedent conditions, to record
the executed original Resolution in the Office of the Recorder of the County of Santa
Clara.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of December, 2018, by the following vote:
Vote: Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Darcy Paul, Mayor
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3280 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:11/13/2017 City Council
On agenda:Final action:12/4/2018
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/4/2018 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 11/28/2018Page 1 of 1
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