CC 11-20-2018CUPERTINO APPROVED 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, Vi ce 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: P r esent proclamations to Cupertino Girl Scout Troop 60657 Silver
Award Recipients recognizing their work in the community
Mayor Paul presented Pr oclamations 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
City Council Minutes November 20, 2018
Phyllis Dickstein (Cupertino resident) talked about the annual MayorNice 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
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
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 meeting 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 Guzman, Deputy City
Manager and Chad Mosely, City Engineer. Negotiating Parties: Santa Clara County Library JP A.
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
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 recommendations 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.
City Council Minutes N"ovember20,2018
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.
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