CC 05-07-2019 (Special) CUPERTINO APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, May 7, 2019
SPECIAL CITY COUNCIL MEETING
At 5:30 p.m. Mayor Steven Scharf called the Special City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod
Sinks, and Jon Robert Willey. Absent: None.
STUDY SESSION
1. Subject: Study Session for an application by AT&T to locate a personal wireless service
facility consisting of 16 panel antennas mounted on an 80 foot tall treepole, a base
equipment station, and an emergency power generator at the Cupertino Sports Center
located at 21111 Stevens Creek Boulevard.
Recommended Action: Provide comments on AT&T's proposed personal wireless facility,
and, during the Study Session, facilitate a community engagement forum where residents
can comment on and receive additional information on the project.
Written communications for this item included emails to Council and a staff presentation.
Associate Planner Gian Martire reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Nori (distributed written comments)
Fariba
Caryl Gorska (Cupertino resident)
Delores Carson (Cupertino resident)
Allen Kay (Cupertino resident)
Mayor Scharf closed public comment.
City Council Minutes May 7, 2019
The Applicant responded to Council questions and further talked about his application.
Council comments included (please watch meeting video for complete comments):
Willey: Should have more control so needs to come back to Council for any changes; 500
feet not sufficient for notification; would like more community engagement between now
and when comes back to Council; De Anza College the proper place for this antenna and
pursue this aspect more to be best for the community.
Paul: Add provisions or language in the contract to make sure that the proposed location
and visual is what Council approves; keep Council apprised of this type of application and
would like notification and input to go forward or not with this application as it has taken
so long; staff could have done some own studies via peer review in the interim period;need
additional outreach including social media.
Scharf: Map misleading as capacity and not coverage issue; Sports Center may be rebuilt
in future and tower might have to be removed; tower should be close to Stevens Creek
Blvd.; need more outreach to De Anza College and no response is not acceptable; look into
co-location on large tower in Memorial Park.
Chao: Need to regulate cell towers better; 500 feet noticing not enough for cell towers and
300 feet not enough for small cell site noticing; bring item to Council for discussion on
noticing these types of projects; should have been considered a new application since has
changed since four years ago;possible revision of Municipal Code that if application is open
for too long then would have to start over; explore De Anza College location and
communicate with right person.
Sinks: Residents appreciate fast internet; might be possible to accomplish objectives with
small cell sites; would like to see Cupertino be a leader in technology like 5G; overall
supportive of better service in general across the City; know that public safety officials like
Sheriff and Fire are reliant on the towers for cell coverage; either more capacity or strength
okay; would like De Anza College to respond; concerned that cities aren't moving to
improve their facilities and that the State might get more involved an& take over local
control; increase capacity and adequate coverage.
Council concurred to direct staff to reach out to De Anza College regarding locating the cell
tower there and continue to work with the applicant who noted willingness to extend the
tolling agreement on an as needed basis.
City Council Minutes May 7, 2019
ADJOURNMENT
Council recessed from 6:37 p.m. to 6:50 p.m.before the Regular Meeting.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Steven Scharf 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 Steven Scharf, Vice Mayor Liang Chao, and Councilmembers Darcy Paul, Rod
Sinks, and Jon Robert Willey. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: <hack>Cupertino Winner Proclamations and brief presentations
Recommended Action: Accept brief presentations and present proclamations to <hack>
Cupertino winners: 1st place: The Right Price app (Daniel Duan, Vincent Lim, Deepak
Ramalingam) 2nd place: Tino Walks (Kyle Lin) 3rd place: FaceAttend (Vidit Agrawal,
Siddhant Kumar)
Council accepted the presentations from the <hack> winners and Mayor Scharf presented
proclamations to the winners.
2. Subject: Presentation by Cupertino-Hsinchu Sister City Association (CHSCA) regarding its
recent Cupertino Student Delegation trip to Hsinchu City, Taiwan
Recommended Action: Receive presentation by Cupertino-Hsinchu Sister City Association
(CHSCA) regarding its recent Cupertino Student Delegation trip to Hsinchu City, Taiwan
A slideshow was presented of the recent Cupertino Student Delegation trip to Hsinchu City,
Taiwan.
An adult chaperone and student talked about their experience on the trip.
Council received the presentation by Cupertino-Hsinchu Sister City Association (CHSCA)
regarding its recent Cupertino Student Delegation trip to Hsinchu City, Taiwan.
City Council Minutes May 7, 2019
3. Subject: Proclamation for Public Works Week, May 19-25, 2019
Recommended Action: Present proclamation for Public Works Week, May 19-25, 2019
Mayor Scharf presented a proclamation to staff for Public Works Week, May 19-25, 2019.
4. Subject: Proclamations for Public Works employees Karl Olsen and Curtis Bloomquist
Recommended Action: Present proclamations for Public Works employees Karl Olsen and
Curtis Bloomquist
Mayor Scharf presented proclamations to Public Works employees Karl Olsen and Curtis
Bloomquist.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Karen Chang (Cupertino resident) talked about the Verizon cell tower at Jollyman Park.
Henry Chang (Cupertino resident) talked about the Verizon cell tower at Jollyman Park.
Resident - Huang Family (Cupertino resident) talked about a fair hearing regarding
abatement issues at her residence.
Seema Lindshog (Cupertino resident) talked about Regnart Library Trail.
Joel Wolf (Cupertino resident) talked about Regnart Library Trail.
Jane Shen (Cupertino resident) talked about the Verizon cell tower at Jollyman Park.
Heather Dean (Cupertino resident) talked about the length of City Council meetings.
Vipul Shah (Cupertino resident) talked about the Verizon cell tower at Jollyman Park.
Linda Wyckoff (Cupertino resident) talked about Regnart Creek Trail.
Suraj Dalvi (Cupertino resident) talked about Regnart Creek Trail.
Tony Alexander (Cupertino resident) talked about the Verizon cell tower at Jollyman Park.
City Council Minutes May 7, 2019
Ilango Ganga (Cupertino resident) talked about Regnart Creek Trail.
Lisa Warren talked about needing more comprehensive meeting minutes, Magical Bridge at
Creekside Park, and the De Anza College Flint Center possible closure.
Benaifer Dastoor (Cupertino resident) talked about cost of the Library expansion vs. Regnart
Creek Trail and other proposed City projects.
Liji (Cupertino resident) donated time to Benaifer Dastoor.
CONSENT CALENDAR
Consent Calendar item numbers 5, 6, and 7 were pulled for discussion.
5. Subject: Approve the April 16 City Council minutes
Recommended Action: Approve the April 16 City Council minutes
Vice Mayor Chao noted that the Economic Development Strategic Plan (EDSP) study
session draft minutes didn't capture Council consensus and some items didn't make sense.
Council concurred to'have staff listen to the tape regarding the EDSP study session, modify
the minutes, and bring them back to a future meeting.
6. Subject: Reimbursement of up to $1,750 in travel expenses for travel to Copertino, Italy, by
the Mayor to join the adult delegation to Copertino Sister City in September 2019.
Recommended Action:Approve reimbursement of up to$1,750 in travel expenses for travel
to Copertino, Italy, by the Mayor to join the adult delegation to Copertino Sister City mi
September 2019.
Written communications for this item included emails to Council.
Council discussed this item and noted the Sister City policy on Council travel.
Councilmember Paul asked to have staff look at the travel and conference policy for staff as
well.
Paul moved and Willey seconded to approve reimbursement of up to $1,750 in travel
expenses for travel to Copertino, Italy, by the Mayor to join the adult delegation to
Copertino Sister City in September 2019. The motion carried with Sinks voting no.
City Council Minutes May 7, 2019
7. Subject: Resolution supporting State implementation of the Buy Clean California Act of
2017
Recommended Action: Adopt Resolution No. 19-040 supporting State implementation of
the Buy Clean California Act of 2017
Written communications for this item included emails to Council.
Mayor Scharf opened public comment and the following individual spoke:
Molly Culton (Sacramento resident) on behalf of the Sierra Club.
Mayor Scharf closed public comment.
Sinks moved and Scharf seconded to adopt Resolution No. 19-040 supporting State
implementation of the Buy Clean California Act of 2017 with an amendment to add
language regarding encouraging legislative efforts to add cement manufacturing as a
greenhouse gas emitter. The motion carried unanimously.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
8. Subject: Conduct a public hearing and consider public comments on and written protests
of the proposed 2019 Clean Water and Storm Protection Fee; tabulate protests and consider
adopting a Resolution stating whether a majority protest exists and, if not, direct a property
owner ballot proceeding for the proposed 2019 Clean Water and Storm Protection Fee, a
property related fee conforming to Article XIII D, Section 6 of the California Constitution.
Recommended Action: 1. Conduct a public hearing and receive input and consider all
protests of property owners related to the proposed 2019 Clean Water and Storm Protection
Fee; and 2. Tabulate protests to determine if a majority protest exists; and 3. If a majority
protest is found not to exist,adopt Resolution No. 19-041 stating that a majority protest does
not exist and directing the City to conduct a ballot proceeding for the proposed 2019 Clean
Water and Storm Protection Fee,a property-related fee conforming to Article XIII D,Section
6 of the California Constitution; and 4. Conduct the first reading of Ordinance No. 19-2183:
"An Ordinance of the City Council of the City of Cupertino Adding Chapter 3.38 of the
Municipal Code to Establish the Clean Water and Storm Protection Fee," an ordinance that
is subject to property owner approval through a ballot proceeding; and 5. Direct staff to
place on a future Council agenda an amendment of the Joint Use Agreement with Cupertino
Unified School District to establish cost sharing of the new Clean Water fees for applicable
City Council Minutes May 7, 2019
schools at which the City maintains joint use sport fields if the ballot measure is affirmed
on July 16th.
Written communications for this item included emails to Council and a staff presentation.
Mayor Scharf introduced the item and explained how the public hearing would proceed.
Acting Director of Public Works Roger Lee reviewed the presentation and noted a revision
to the ordinance,Section 3.38.040 D to read, "The City Council shall not be required to enact
a CPI increase each year."
Consultants Susan Barnes and Jerry Bradshaw answered questions from Council regarding
the mail ballot and parcel fee.
Mayor Scharf opened the public hearing and the following individuals spoke:
Brent Bardsley (Cupertino resident)
Peggy Griffin (Cupertino resident)
Mark Z
Luis Buhler (Cupertino resident)
Mayor Scharf closed the public hearing.
City Clerk Grace Schmidt noted that 16,602 parcels are affected by the proposed Stormwater
Fee and that in order to achieve a majority protest, 8,302 protests would be required. She
noted that after considering the protests submitted prior to the public hearing plus the
protests submitted at the public hearing, there were a total of 25 protests(0.15%).There was
not a majority of protests and Council could consider the ballot resolution and fee
ordinance.
Paul moved and Sinks seconded to adopt Resolution No. 19-041 stating that a majority
protest does not exist and directing the City to conduct a ballot proceeding for the proposed
2019 Clean Water and Storm Protection Fee, a property-related fee conforming to Article
XIII D, Section 6 of the California Constitution. The motion carried unanimously.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2183: "An Ordinance of the j
City Council of the City of Cupertino Adding Chapter 3.38 of the Municipal Code to
Establish the Clean Water and Storm Protection Fee.
Paul moved and Scharf seconded to read Ordinance No. 19-2183 by title only and that the
City Council Minutes May 7, 2019
City Clerk's reading would constitute the first reading thereof with the amendment to
3.38.040 paragraph D and direction to staff to investigate ways to offset the fee for low
income residents.Ayes:Scharf,Chao,Paul,Sinks,and Willey.Noes:None.Abstain:None.
Absent: None.
Paul moved and Willey seconded to direct staff to place on a future Council agenda an
amendment of the Joint Use Agreement with Cupertino Unified School District to establish
cost sharing of the new Clean Water fees for applicable schools at which the City maintains
joint use sport fields if the ballot measure is affirmed on July 16th. The motion carried
unanimously.
Council recessed from 9:55 p.m. to 10:05 p.m.
ORDINANCES AND ACTION ITEMS
9. Subject: Options regarding three referendum petitions challenging approvals related to the
Vallco Town Center Specific Plan: Resolution No. 18-085 (General Plan Amendment for
Vallco Town Center), Resolution No. 18-086 (Vallco Town Center Specific Plan), and
Ordinance No. 18-2179 (Development Agreement for
Vallco Town Center)
Recommended Action: As required by California Elections Code Section 9241, the City
Council must choose one of the following options for each of the referendum petitions:
Repeal the resolution(s) and/or ordinance in their entirety; or submit the resolution(s)
and/or ordinance to the voters, either at the next regular municipal election (November 3,
2020) or at a special election called for that purpose on a date determined by the Council,
but occurring at least 88 days after the order calling the election(i.e.,not before July 16,2019
if action is taken on May 7, 2019): a.)Resolution No. 19-042 repealing Resolution No. 18-085
b.)Resolution No. 19-043 submitting Resolution No. 18-085 to Nov. '20 regular election
c.)Resolution No. 19-044 repealing Resolution No. 18-086 d.)Resolution No. 19-045
submitting Resolution No. 18-086 to Nov. '20 regular election e.)Resolution No. 19-046
repealing Ordinance No. 18-2179 f.)Resolution No. 19-047 submitting Ordinance No. 18-
2179 to Nov. '20 regular election
Written communications for this item included emails to Council.
City Clerk Grace Schmidt introduced the item and Perl Perlmutter from the City Attorney's
Office reviewed the staff report.
Mayor Scharf opened public comment and the following individuals spoke:
City Council Minutes May 7, 2019
Jean Bedord (Cupertino resident) - distributed written comments
Geoff Paulsen (Cupertino resident)
J.R. Fruen (Cupertino resident)
Marie Liu (Cupertino resident) on behalf of Cupertino For All
Janet Van Zoeren
Jennifer Griffin
Ignatius Y. Ding (Cupertino resident)
Muni Madhdhipatla (Cupertino resident)
Balaji (Cupertino resident)
Vinod Balakrishnan (Cupertino resident)
Michael Mar (Cupertino resident)
Minna (Cupertino resident)
High Cup Res (Cupertino resident)
Danessa Techmanski (Cupertino resident)
Lisa Warren
Liana Crabtree (Cupertino resident)
Ilango Ganga (Cupertino resident)
Mayor Scharf closed public comment.
Scharf moved and Willey seconded to adopt Resolution No. 19-042 repealing Resolution
No. 18-085. The motion carried with Sinks voting no.
Scharf moved and Willey seconded to adopt Resolution No. 19-044 repealing Resolution
No. 18-086. The motion carried with Sinks voting no.
City Clerk Grace Schmidt read the title of Ordinance No. 19-2184: "An Ordinance of the City
Council of the City of Cupertino repealing Ordinance No. 18-2179 which approved a
Development agreement by and between the City of Cupertino and Vallco Property Owner
LLC for the development of Vallco Town Center."
1,
Scharf moved and Chao seconded to read Ordinance No. 19-2184 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes: Scharf, Chao,
Paul, and Willey. Noes: Sinks. Abstain: None. Absent: None.
Council directed staff to find out what would be required to repeal the other two ordinances
as well and add to a future agenda a community process for future development.
10. Subject: Reject all bids received for the Bike Boulevard Improvements Phase 1 Project
(Project No. 2017-01.05)
City Council Minutes May 7, 2019
Recommended Action: 1. Receive report on bids for the Bike Boulevard Improvements
Phase 1 Project; and 2. Authorize the Director of Public Works to reject all bids for the Bike
Boulevard Improvements Phase 1 Project
Written communications for this item included a presentation and emails to Council.
Acting Director of Public Works Roger Lee reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin
Peggy Griffin
Beth Knodel (Cupertino resident)
Mayor Scharf closed public comment.
Scharf moved and Sinks seconded to receive the report on bids for the Bike Boulevard
Improvements Phase 1 Project and authorized the Director of Public Works to reject all bids
for the Bike Boulevard Improvements Phase 1 Project with additional input that pop up
bollards may be utilized in other phases of the Bike Boulevard Improvement Project and
that upon staff observing the effectiveness of these pop up improvements, a follow up
project to make the improvements permanent with concrete would be brought to Council
at a later date.The motion carried unanimously.
11. Subject: A Resolution of the Council of the City of Cupertino to support the development
of(1)A Complete Streets and Near Term Transit Implementation Plan for the Stevens Creek
Boulevard corridor as described in the scope of work prepared jointly by the Santa Clara
Valley Transportation Authority (VTA) and the Cities of Santa Clara and San Jose; and (2)
High Capacity Transit Service Along the Stevens Creek Boulevard corridor;and authorizes
the City Manager to assess resources needed to develop these projects.
Recommended Action: Adopt Resolution No. 19-048 supporting the development of (1) A
Complete Streets and Near Term Transit Implementation Plan for the Stevens Creek
Boulevard corridor as described in the scope of work prepared jointly by the Santa Clara
Valley Transportation Authority (VTA) and the Cities of Santa Clara and San Jose; and (2)
High Capacity Transit Service Along the Stevens Creek Boulevard corridor;and authorizes
the City Manager to assess resources to develop these projects.
Written communications for this item included a presentation, emails to Council, and a
draft resolution from the City of San Jose distributed by Councilmember Paul.
City Council Minutes May 7, 2019
Senior Transit and Transportation Planner Chris Corrao reviewed the presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin
Kitty Moore
Mayor Scharf closed public comment.
Paul moved and Sinks seconded to form a subcommittee with the two of them and staff to
modify the resolution based on Council and public comments and to come back to Council.
The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
12. Subject: Annual Report on the Pavement Management Program
Recommended Action: Receive the report. No action is required.
Written communications for this item included a presentation.
Acting Director of Public Works Roger Lee reviewed the presentation.
Council received the Annual Report on the Pavement Management Program.
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.
Councilmember requests:
Agendize an update regarding the VTA Highway 85 Policy Advisory Board upcoming
decisions (Sinks/Scharf).
i
Bring information back regarding transcription of meeting minutes (Scharf/Chao/Paul).
ADJOURNMENT
At 1:15 a.m. on Wednesday, May 8, Mayor Scharf adjourned the meeting.
City Council Minutes May 7, 2019
Grace Schmidt, City Clerk