CC 11-05-2018CUPERTINO APPROVED MINUTES
CUPERTINO CITY COUNCIL
Monday, November 5, 2018
SPECIAL CITY COUNCIL MEETING
CLOSED SESSION
1. Subject: Public Employee Employment (Gov't Code 54957(b)(l); Title: City Manager
Recruitment
This item was cancelled.
STUDY SESSION
At 5:31 p.m. Mayor Darcy Paul called the Special City Council meeting to order in the
Community Hall Council Chamber, 10350 Torre A venue.
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks (5:33), and Councilmembers Barry Chang,
Steven Scharf, and Savita Vaidhyanathan. Absent: None.
2. Subject: Study Session regarding the Citywide Building Condition and Use
Assessment
Recommended Action: Accept a presentation on Citywide Building Condition
and Use Assessment and provide staff with input prior to completion of the report.
Written communications for this item included a staff presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report and presentation
on Citywide Building Condition and Use Assessment.
Assistant Director Lee introduced Fleet Facilities Supervisor Ken Tanase and The KP A
Group Principal Architect and Lead Consultant Paul Powers, who continued the
presentation.
Staff and consultants answered questions from Council.
City Council Minutes November 5, 2018
Mayor Paul opened public comment and, seeing there were no speakers, closed the public
comment.
Council received the presentation on Citywide Building Condition and Use Assessment
and provided staff with the following input:
• Vaidhyanathan: Look into Monta Vista Community Center and a new Service
Center admin building for consideration as potential locations of an interim City
Hall; and bring back IT Department update regarding One Concern software on
seismic safety.
• Sinks: Hold off until Parks Master Plan comes back to Council and include any
commission input from Plan.
• Paul: Get clarity on a new City Hall and bring back for update and discussion
perhaps by end of year.
ADJQURNMENT
At 6:25 p.m., Mayor Paul adjourned the Special City Council meeting.
REGULAR MEETING
PLEDGE OF ALLEGIANCE
At 6:47 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.
ROLLCALL
Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang, Steven
Scharf, and Savita Vaidhyanathan. Absent: None.
In open session, Mayor Paul reported out on closed session meetings that were held on October
30 and November 1:
Mayor Paul reported out that a closed session was held on October 30 regarding:
Subject: Conference with Legal Counsel -Anticipated Litigation: Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9: One Potential Case
Written communications for this item included emails to Council.
City Cow1cil Minutes November 5, 2018
Before Council went into closed session, the following individuals spoke:
Kitty Moore (Cupertino resident)
Lisa Warren (Cupertino resident)
Ignatius Y. Ding (Cupertino resident) -distributed written comments
Naidu Bollineni (Cupertino resident)
Mayor Paul announced that an update was provided and direction was given.
Mayor Paul also reported out that a closed session was held on November 1 regarding:
Subject: Public Employee Employment (Gov't Code 54957(b)(l); Title: City Manager
Recruitment
Mayor Paul announced that an update was provided and direction was given and no
action was taken.
CEREMONIALMATTERSANDPRESENTATIONS-None
POSTPONEMENTS-None
ORAL COMMUNICATIONS
Julia Miyakawa (Cupertino resident) talked about public records regarding the Regnart Creek
Trail Feasibility Study.
Jennifer Griffin talked about a proposed City of San Jose hotel project located at Stern A venue
and Stevens Creek Boulevard.
Robert McCoy, representing himself, (Cupertino resident) talked about community groups in
Cupertino and communications on Nextdoor -distributed written comments.
Connie Cunningham (Cupertino resident) talked about Valko, affordable housing, and
community benefits.
Gary Wong (Cupertino resident) talked about the Regnart Creek Trail Feasibility Study and
community outreach in the EIR process.
Lisa Warren talked about communications on Nextdoor and community groups in Cupertino.
City Council Minutes November 5, 2018
Barry Chang, representing himself, talked about a tort claim filed by the former Cupertino
City Attorney.
Mayor Paul requested that staff agendize an item for discussion at a future meeting regarding
adding email addresses to speaker cards for staff follow-up.
CONSENT CALENDAR
Scharf moved and Sinks seconded to approve the items on the Consent Calendar as presented
with the exception of item number 2 which was pulled for discussion. Ayes: Paul, Sinks,
Chang, Scharf, and Vaidhyanathan. Noes: None. Abstain: None. Absent: None.
1. Subject: Approve the October 16 City Council minutes
Recommended Action: Approve the October 16 City Council minutes
2. Subject: Second Amendment Agreement with Avocette Technologies, Inc. for
professional services in implementing Accela Permitting and Land Management
System.
Recommended Action: Authorize the City Manager to execute a Second Amendment
Agreement with A vocette Technologies, Inc . for the implementation of Accela
Permitting and Land Management System, which represents $109,362 added to the
Council approved First Amendment Agreement in the amount of $299,143 for a
total of $408,505.
Chief Technology Officer Bill Mitchell reviewed the staff report and answered
questions from Council.
Chang moved and Scharf seconded to authorize the City Manager to execute a Second
Amendment Agreement with A vocette Technologies, Inc. for the implementation of
Accela Permitting and Land Management System, which represents $109,362
added to the Council approved First Amendment Agreement in the amount of
$299,143 for a total of $408,505. The motion carried unanimously.
3. Subject: Application for Alcohol Beverage License for Qin-Tang Charm
Restaurant, Inc ( dba Qin-Tang Charm Restaurant), 10271 Torre A venue
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Qin-Tang Charm Restaurant, Inc ( dba Qin-Tang Charm Restaurant), 10271 Torre
Avenue
City Council Minutes November 5, 2018
4. Subject: Application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku
Sushi), 1655 S. De Anza Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard
5. Subject: Mitigation Fee Act-Annual and Five-Year Report -Fiscal Year 2017-2018
Recommended Action: Accept the Five-Year and Annual Review of the City of
Cupertino's Development Impact Fees (Government Code Section 66000 et
seq.); and Adopt Resolution No. 18-105 entitled "A Resolution of the City
Council of the City of Cupertino, California, Approving the Five-Year and
Annual Development Impact Fee Reports and Making Required Findings."
6. Subject: Notice of Intent to Vacate an Easement for Storm Drain Retention Basin
Purposes located on 23500 Christo Rey Drive
Recommended Action: Adopt Resolution No. 18-106 to notice the public of the
intent to vacate an easement for storm drain retention basin purposes located on
23500 Cristo Rey Drive, and set a public hearing on December 4, 2018, at 6:45 p.m.
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS-None
ORDINANCES AND ACTION ITEMS -None
REPORTS BY COUNCIL AND STAFF
7. 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.
Requested the City Attorney follow-up as necessary with the earlier Oral
Communications speakers.
ADJOURNMENT
At 7:33 p.m., Mayor Paul adjourned the Regular City Council meeting.
City Cow1eil
~
uty City Clerk
Minutes November 5, 2018