CC 11-19-2013CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, November 19, 2013
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 5:04 p.m. Mayor Orrin Mahoney called the City Council meeting to order in the
Community Hall Council Chamber, 10350 Terre Avenue, Cupertino, CA and led the
Pledge of Allegiance.
ROLL CALL
Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry
Chang, Mark Santoro, and Rod Sinks. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation recognizing Nathan Desai for earning the highest Boy Scout
ranking of Eagle Scout
Recommended Action: Present proclamation
Mayor Mahoney presented the proclamation to Nathan Desai.
2. Subject: Proclamation for the De Anza Optimist Club of Cupertino
Recommended Action: Present proclamation
Mayor Mahoney noted that the proclamation had already been picked up by the
recipient.
POSTPONEMENTS - None
Tuesday, November 19, 2013 Cupertino City Council
ORAL COMMUNICATIONS
Bill Mannion invited Council and residents to a presentation from the Cupertino
Historical Society regarding the history of the Cupertino Veterans Memorial. The free
presentation is scheduled for Tuesday, November 26, beginning at 6:30 p.m. in the
Cupertino Room at Quinlan Community Center.
Nagaraja Kolur said that his rent had been recently raised 25 %. He asked Council to
look into rent control in Cupertino. Mr. Kolur distributed a copy of his lease and a
letter /petition from the residents of Verandas at Cupertino Apartments to the Cupertino
City Council.
Shekhar Dhongade also talked about issues with rising rent in Cupertino and the need
for these rent hikes to be contained.
Shailee Samar and a fellow student showed a PowerPoint presentation on Walk -One-
Week sponsored by Morita Vista High School. She explained that students walk to
school for one week in order to raise money for their school clubs and that she hopes to
encourage other schools to participate in the program.
Cupertino Library Commissioner Annie Ho thanked Council for approving funds for
the new story room and book return shade. She also introduced new Cupertino
Librarian Gayathri Kanth.
Kathleen Cook invited Council and residents to participate in the Ninth Annual
Applied Materials Silicon Valley Turkey Trot, 5K walk and run, on Thanksgiving
morning, November 28. She noted this is a fund - raiser to support local charities.
Jeff Rangel, Director of Corporate Affairs at Brocade explained the Council's
participation in the Turkey Trot Mayor's Cup event.
Kevin Zurick, CEO Housing Trust of Silicon Valley also encouraged Council to
participate in the Turkey Trot in order to help raise funds for critical charity programs
in the area.
Lisa Warren noted that she had sent an email to Council explaining her concern with
the Main Street project. She said that the style of architecture isn't the same as what was
promised to the residents.
Tuesday, November 19, 2013
Cupertino City Council
Director of Community Development Aarti Shrivastava explained the status of the
Main Street project.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar. Ayes:
Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
3. Subject: Approve the November 4 City Council minutes
Recommended Action: Approve the minutes
4. Subject: Accept Accounts Payable for period ending October 18, 2013
Recommended Action: Adopt Resolution No. 13 -096 accepting Accounts Payable
for period ending October 18, 2013
5. Subject: Accept Accounts Payable for period ending October 25, 2013
Recommended Action: Adopt Resolution No. 13 -097 accepting Accounts Payable
for period ending October 25, 2013
6. Subject: Accept Accounts Payable for period ending November 1, 2013
Recommended Action: Adopt Resolution No. 13 -098 accepting Accounts Payable
for period ending November 1, 2013
7. Subject: Treasurer's Investment Report for Quarter Ending September 2013
Recommended Action: Accept the report
8. Subject: Consideration and Approval of the First Quarter Financial Report for Fiscal
Year 2013 -2014
Recommended Action: Accept the City Manager's First Quarter Financial Report for
Fiscal Year 2013 -2014
9. Subject: City Financial Reports for Fiscal Year Ending June 30, 2013
Recommended Action: Accept the reports
10. Subject: Authorize a new position category in the - salary schedule for the
Unrepresented Employees Compensation Program
Recommended Action: Adopt Resolution No. 13 -099 amending the salary schedule
for the Unrepresented Employees Compensation Program
Tuesday, November 19, 2013
Cupertino City Council
11. Subject: Amend the July 1, 2013 through June 30, 2016 terms and conditions of
employment for the Cupertino City Employees' Association (CEA) and Operating
Engineers Local Union No. 3, AFL -CIO (OE3)
Recommended Action: a) Adopt Resolution No. 13 -100 amending a Memorandum
of Understanding (MOU) between the City of Cupertino and the Cupertino City
Employees' Association, and b) Adopt Resolution No. 13 -101 amending a
Memorandum of Understanding between the City of Cupertino and Operating
Engineers Local Union No. 3, AFL -CIO; and. c) Adopt Resolution No. 13 -102
directing the City Manager to amend the Administrative Rules and Regulations of
the Personnel Code to reflect any changes to the Memorandum of Understanding
12. Subject: Adopt an updated Records Retention Schedule for the City of Cupertino
Recommended Action: Adopt Resolution No. 13 -094 rescinding Resolution No. 12-
039 and adopting a Records Retention Schedule for the City of Cupertino
13. Subject: Citizens' Option for Public Safety (COPS) Grant Funds of $100,000
Recommended Action: Adopt Resolution No. 13 -103 approving the 2013 -14 COPS
grant funding request
SECOND READING OF ORDINANCES - None
Council member Sinks recused himself from item number 14 due to a conflict of interest
and left the dais.
PUBLIC HEARINGS
14. Subject: Second Reading of the Development Agreement and Rezoning ordinances
to allow the development of an office, research and development campus with
associated ancillary uses
Recommended Action: A. Conduct the second reading and enact Ordinance No. 13-
2113: "An Ordinance of the Cupertino City Council approving the rezoning of an
approximately 1.1 Acre Area from Park And Recreation (PR) To Planned Industrial
Park (P(MP)) located at APN 316 06 050 and 316 06 051 ", Z- 2011 -03; and B. Conduct
the second reading and enact Ordinance' No. 13 -2114: "An Ordinance of the City
Council of the City of Cupertino repealing Ordinance No. 1702 and Approving a
New Development Agreement By and Between the City of Cupertino and Apple Inc.
for the Development of a New Corporate Campus"
Description: Applications: EA- 2011 -12, Z- 2011 -03, DA- 2011 -01; Applicant: Apple Inc.
(Dan Whisenhunt); Property Owner: Apple Inc.; Location: Area bounded by East
Tuesday, November 19, 2013
Cupertino City Council
Homestead Road, North Tantau Avenue, I -280, North Wolfe Road including
properties located on the east side of North. Tantau Avenue
Written communications for this item included emails regarding Apple Campus 2.
Ed Hirshfield noted strong support for the project.
Darrel Lum, speaking on behalf of the Concerned Citizens for Cupertino (CCC)
noted appreciation of adding Section 3.14 to the Development Agreement and
distributed two newspaper articles regarding traffic management associations.
Wong moved and Chang seconded to read Ordinance No. 13 -2113 by title only and
that the City Clerk's reading would constitute the second reading thereof. Ayes:
Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks
(recused).
Wong moved and Chang seconded to enact Ordinance No. 13 -2113. Ayes: Chang,
Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks (recused).
Wong moved and Chang seconded to read Ordinance No. 13 -2114 by title only and
that the City Clerk's reading would constitute the second reading thereof. Ayes:
Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks
(recused).
Wong moved and Chang seconded to enact Ordinance No. 13 -2114. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: Sinks
(recused).
Council member Sinks returned to the dais.
15. Subject: Adoption of the 2013 California Building, Residential, Plumbing,
Mechanical, Electrical, Fire, Energy and Green Building Standards Code as
mandated by the State of California
Recommended Action: Conduct the second reading and enact Ordinance No. 13-
2115: "An Ordinance of the City Council of the City of Cupertino Amending Chapter
16 of the Cupertino Municipal Code Adding Chapter 16.02 and Adopting the 2013
California Building, Residential, Plumbing, Mechanical, Electrical Codes, California
Existing Building Code, California Green Building Standards Code with Certain
Exceptions, Modifications, and Additions."
Tuesday, November, 19, 2013
Cupertino City Council
Wong moved and Chang seconded to read Ordinance No. 13 -2115 by title only and
that the City Clerk's reading would constitute the second reading thereof. Ayes:
Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent:
None.
Wong moved and Chang seconded to enact Ordinance No. 13 -2115. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
ORDINANCES AND ACTION ITEMS
16. Subject: McClellan Ranch Preserve Environmental Education Center and
Blacksmith Shop Relocation Project - augment existing budget with additional
funding and authorize Staff to re -bid the project
Recommended Action: 1) Augment existing budget with an additional $1,000,000
from Fund 429- Capital Reserve; 2) Authorize Staff to re -bid the project
Director of Public Works Timm Borden reviewed the staff report.
Jennifer Griffin noted the importance of this project for school children.
Wong moved and Santoro seconded to 1) Augment the existing budget with an
additional $1,000,000 from Fund 429 - Capital Reserve; and 2) Authorized Staff to re-
bid the project. Wong amended his motion to include the addition of a second
bathroom to the project. Santoro accepted the amendment. The motion carried
unanimously.
REPORTS BY COUNCIL AND STAFF
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
Council held a moment of silence in memory of Barbara Juhl who made many
contributions to Cupertino community.
At 6 :40 p.m., Mayor Mahoney recessed to a closed session.
�-��- `i
Grace Schmidt, City Clerk
Tuesday, November 19, 2013 Cupertino City Council
Staff reports, backup materials, and items distributed at the City Council meeting are
available for review at the City Clerk's Office, 777 -3223, and also on the Internet at
www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse
Channel 99 and are available at your convenience at www.cupertino.org. Click on
Agendas & Minutes, then click Archived Webcast. Videotapes are available at the
Cupertino Library, or may be purchased from. the Cupertino City Channel, 777 -2364.
ROLL CALL
At 6:40 p.m. Council recessed to a closed session.
Present: Mayor Orrin Mahoney, Vice Mayor i`;ilbert Wong, and Council members Barry
Chang, Mark Santoro, and Rod Sinks. Absent: None.
CLOSED SESSION
17. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency
designated negotiators: Director of Administrative Services, City Manager, and
Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3
Union; Cupertino Employees' Association; Unrepresented (Management and
Confidential) Employees' Compensation Program; Appointed Employees'
Compensation Program
18. Subject: Public Employee Performance Evaluation (Government Code 54957) - City
Attorney
19. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency
designated negotiator: Timothy Davis; Employee organization: Appointed
Employees' Compensation Program
ADJOURNMENT