APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, November 4, 2013 CITY COUNCIL MEETING

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1 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting CITY COUNCIL MEETING ROLL CALL At 5:15 p.m. Mayor Orrin Mahoney called the City Council meeting to order in the Community Hall Council Chamber, Torre Avenue, Cupertino, CA. Present: Mayor Orrin Mahoney, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: Vice Mayor Gilbert Wong. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Govʹt Code Section ); Property: Stevens Creek Boulevard; Negotiating Parties: City Attorney and Public Works Director; Under Negotiation: Price and terms 2. Subject: Conference with legal counsel; Pending Litigation (Gov t Code (a); Thibadeau v. City of Cupertino, Case No. 112CV Subject: Conference with Real Property Negotiator (Govʹt Code Section ); Property: Alcalde Road; Negotiating Parties: City Manager, City Attorney, and Public Works Director; Under negotiation: Price and terms 4. Subject: Conference with Real Property Negotiator (Govʹt Code Section ); Property: Greenleaf Drive, APN ; Negotiating Parties: City Manager, City Attorney, and Public Works Director; Under negotiation: Price and terms At 5:15 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Mahoney announced that for item number one, Council obtained a briefing from the Real Property Negotiator and gave directions; for item number two, Council obtained a briefing from legal counsel and gave directions; for item

2 number three, Council obtained a briefing from the Real Property Negotiator and gave directions; for item number four, Council obtained a briefing from the Real Property Negotiator and gave directions. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney reconvened the City Council meeting in the Community Hall Council Chamber, Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: Vice Mayor Gilbert Wong. CEREMONIAL MATTERS AND PRESENTATIONS 5. Subject: Presentation from Santa Clara County District Attorney Jeff Rosen about the role of the District Attorneyʹs Office, what their Office does and how they can better serve the residents of Cupertino Recommended Action: Receive presentation District Attorney Jeff Rosen gave a presentation about the role of the District Attorneyʹs Office, what their Office does and how they can better serve the residents of Cupertino. Council received the presentation. 6. Subject: Presentation to Janet Riddell on her 2013 CREST award and Commissionerʹs award Recommended Action: Present awards A video was shown noting Janet Riddell s work in the community. Mayor Mahoney presented the 2013 CREST award and Commissioner s award to Ms. Riddell. 7. Subject: Presentation from KMVT on grant funded improvements Recommended Action: Receive presentation KMVT Executive Director Shelley Wolfe and KMVT Board Chair David Jude introduced a video showing how the grant funded improvements helped KMVT support the community and the need to upgrade their other digital equipment. Council received the presentation.

3 8. Subject: Proclamation recognizing Thomas Sanford for his contribution to the community Recommended Action: Present proclamation Mayor Mahoney presented a proclamation to Thomas Sanford for his contribution to the community. 9. Subject: Proclamation recognizing volunteer students from the Silicon Valley Korean School Recommended Action: Present proclamations Jane Lee, Principal of the Silicon Valley Korean School introduced the students to be recognized. Mayor Mahoney presented the certificates of appreciation to the students. POSTPONEMENTS Item number 13 was postponed to allow staff time to compile additional information that was requested. ORAL COMMUNICATIONS Sandy James representing the Veterans Memorial Foundation invited everyone to the Veteranʹs Day ceremony on November 11 at 11:00 a.m. in Memorial Park to honor all veterans, active duty military, and women in the military. Cathy Helgerson talked about pollution coming from the Lehigh cement plant and noted that the cancer in her family is directly related to the pollution coming from Lehigh. CONSENT CALENDAR Sinks moved and Chang seconded to approve the items on the Consent Calendar with the exception of item number 14 which was pulled for discussion and item number 13 which was postponed. Ayes: Chang, Mahoney, Santoro, and Sinks. Noes: None. Abstain: None. Absent: Wong. 10. Subject: Approve the October 15 City Council minutes Recommended Action: Approve the minutes

4 11. Subject: Accept Accounts Payable for period ending October 4, 2013 Recommended Action: Adopt Resolution No accepting Accounts Payable for period ending October 4, Subject: Accept Accounts Payable for period ending October 11, 2013 Recommended Action: Adopt Resolution No accepting Accounts Payable for period ending October 11, Subject: Adopt a records retention schedule for the City of Cupertino and streamline the records destruction process Recommended Action: Adopt Resolution No rescinding Resolution No and adopting a records retention schedule for the City of Cupertino, in addition to streamlining the records destruction process Under postponements, this item was continued to November Subject: Application for Alcoholic Beverage License, Bitter+Sweet, Town Center Lane Recommended Action: Approve Alcoholic Beverage License for Bitter+Sweet, Town Center Lane Chang moved and Sinks seconded to approve the Alcoholic Beverage License for Bitter+Sweet, Town Center Lane. The motion carried unanimously; Wong absent. 15. Subject: Application for Alcoholic Beverage License, Thai Square, Stevens Creek Boulevard, Suite 340 Recommended Action: Approve Alcoholic Beverage License for Thai Square, Stevens Creek Boulevard, Suite Subject: Application for Alcoholic Beverage License, Noodles & Company, Stevens Creek Boulevard, Suite H Recommended Action: Approve Alcoholic Beverage License for Noodles & Company, Stevens Creek Boulevard, Suite H 17. Subject: Housing Element Consultant Selection Recommended Action: 1. Recommend approval of the scope of work for the Housing Element update for ; and 2. Recommend that the City Council authorize the City Manager to approve a contract to MIG as planning consultant for professional services for the Housing Element update; and 3. Recommend

5 that the City Council authorize the City Manager to approve a contract to The Planning Center DC&E as the environmental consultant for professional services for the Housing Element update Description: Approve the scopes of work for the Housing Element update; Authorize the City Manager to approve the attached contract with MIG as the planning consultant for the Housing Element Update in the amount not to exceed $158,575; Authorize the City Manager to approve the attached contract with The Planning Center DC&E to prepare the Environmental Assessment for the Housing Element Update in the amount not to exceed $45,192; and Authorize the City Manager to approve Contract Change Orders (CCO) for contracts for Items 2 and 3 above to the extent that total expenditures do not exceed the total amount of the project budget 18. Subject: Equipment Sharing Agreement between the City of Cupertino, Town of Los Gatos and City of Campbell Recommended Action: Authorize the City Manager to execute the Equipment Sharing Agreement (ESA) between the City of Cupertino, Town of Los Gatos and City of Campbell on behalf of the City of Cupertino in substantially similar format to the attached draft agreement; and authorize the City Manager or his designee to create and maintain an Equipment Catalog, establishing shared equipment and rates Written communications for this item included an amendment to section 5.c. of the agreement. 19. Subject: City Project, 2012 STP Overlay Project, Project No Recommended Action: Accept Project No Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No Recommended Action: Accept Project No SECOND READING OF ORDINANCES 21. Subject: Applications for a subdivision of a single family zoned lot into three (3) residential lots and one (1) private roadway area, and rezoning of a single family zoned property from R1 10 to R1 7.5 Recommended Action: Conduct the second reading and enact Ordinance No :ʺAn Ordinance of the approving the rezoning of a.96 gross acre lot, from R1 10 (minimum lot size of 10,000 square foot) to R1 7.5

6 (minimum lot size of 7,500 square feet) located at McClellan Rd, APN ʺ Description: Application No(s): TM , Z EA ; Applicant: James Chen (Cherryland, LLC); Location: McClellan Road; Parcel Map to subdivide an existing single family lot into 3 residential lots and 1 common area lot; Re Zoning of a.96 acre parcel from Single Family Residential (R1 10) to Single Family Residential (R1 7.5) Chang moved and Sinks seconded to read Ordinance No by title only and that the City Clerk s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, and Sinks. Noes: None. Abstain: None. Absent: Wong. Chang moved and Sinks seconded to enact Ordinance No Ayes: Chang, Mahoney, Santoro, and Sinks. Noes: None. Abstain: None. Absent: Wong. PUBLIC HEARINGS None ORDINANCES AND ACTION ITEMS 22. Subject: Consider a fee waiver request from the non profit organization, Hindu Swayamsevak Sangh (HSS), for the use of the Creekside Park Building for two hours every Sunday morning Recommended Action: Deny fee waiver request Written communications for this item included a letter from Sanjay Tripathi addressed to City Council. Director of Parks and Recreation Carol Atwood reviewed the staff report. The following individuals spoke in support of the fee waiver. Sanjay Tripathi Prasana kulkurni Milind Makwana Nagesh Mula, Secretary of local Cupertino chapter Ashtha Tripathi Muneesh Goomer Mahesh Nihalani

7 Sinks moved and Chang seconded to deny the fee waiver request. The motion carried unanimously; Wong absent. 23. Subject: Adoption of the 2013 California Building, Residential, Plumbing, Mechanical, Electrical, Fire, Energy and Green Building Standards Codes as mandated by the State of California Recommended Action: Conduct the first reading of Ordinance No : ʺAn Ordinance of the City Council of the City of Cupertino Amending Chapter 16 of the Cupertino Municipal Code and adopting the 2013 California Building Standards Code with appendices and amendments theretoʺ Building Official Albert Salvador reviewed the staff report via a PowerPoint presentation. Joyce Eden said that she would like to have any reference to using concrete as a green building material taken out of the Green Building section of the ordinance. Council directed staff to review and bring back responses and recommendations regarding procedures related to Right of Entry, and Section Penalty. Sinks moved and Chang seconded to read Ordinance No by title only and that the City Clerk s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, and Sinks. Noes: None. Abstain: None. Absent: Wong. Sinks moved and Chang seconded to adopt Resolution No making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code. The motion carried unanimously; Wong absent. Council recessed from 8:55 p.m. to 9:05 p.m. 24. Subject: Amicus Brief in No Toxic Air, Inc. v. Santa Clara County, et al. (Calif. Court of Appeal Case No. H039547, Appeal from Santa Clara Co. Superior Court Case No. 111CV201900) Continued from September 17 Recommended Action: Consider joining the Midpeninsula Regional Open Space District ( MROSD ), the Cities of Sunnyvale (subject to City Attorney review and approval of final brief) and Los Altos, the Towns of Los Altos Hills and Portola Valley, and any other cities that may choose to participate in an amicus curiae brief

8 in the Court of Appeal in the litigation listed above, and authorize a monetary contribution for preparation of the amicus brief Written communications for this item included s to City Council and a letter from Rhoda Fry addressed to Stephen Testa. City Attorney Carol Korade read into the record a brief statement noting that Council member Chang did not have a financial conflict of interest preventing him from voting on the decision to join the amicus brief. Council member Chang made a brief statement for the record noting the following: the amicus brief item was pulled from the Sept 17 agenda due to a last minute attack from Lehigh accusing him of a conflict of interest; he wanted to make it clear that even though he is the Chairman of the Board for Bay Area for Clean Environment (BACE), he never has and never would receive any compensation from BACE; he would not receive any portion of attorney fees if BACE wins the lawsuit; he never publicly advocated to shut down Lehigh. The following individuals spoke in support of joining the amicus brief: Sheryl Schaffner, General Counsel for Mid Pen Open Space District Randy Shingai, San Jose resident Karen Del Compare Joyce Eden Bob Hogin Matthew Tokuno Cathy Helgerson Gary Ettinger Rokhanna Thorsten von Stein, Bay Area for Clean Environment (BACE) member Terri Hoornstra John Bartas Paula Wallis Tim Brand Don MacLubbin Rhoda Fry Jan Pepper, Los Altos City Council member and Bay Area Air Quality Management District (BAAQMD) Board of Director member Gary Woldeck, Mayor Los Altos Hills

9 The following individuals spoke against joining the amicus brief: Paul Findley Donna Austin Norm Eliason Tim McRae, Energy Director for Silicon Valley Leadership Group David Wei Tom Dyer Mahesh Nihalani Helene Davis Hemant Buch Matthew Mahood, President and CEO of Silicon Valley Chamber of Commerce Kevin McClelland, President Cupertino Chamber of Commerce Kelli Richards Ram Gopal Sinks moved and Chang seconded to join the Midpeninsula Regional Open Space District ( MROSD ), the Cities of Sunnyvale (subject to City Attorney review and approval of final brief) and Los Altos, the Towns of Los Altos Hills and Portola Valley, and any other cities that may choose to participate in an amicus curiae brief in the Court of Appeal in the litigation listed above, and authorize a monetary contribution up to $5,000 for preparation of the amicus brief. The motion failed with Sinks and Chang voting yes and Santoro and Mahoney voting no, so no action was taken; Wong absent. 25. Subject: Cancel the first meeting in January, 2014 Recommended Action: Cancel the first meeting in January, 2014 Chang moved and Santoro seconded to cancel the first meeting in January, The motion carried unanimously; Wong absent. REPORTS BY COUNCIL AND STAFF 26. Subject: Public Works Construction Project Updates Recommended Action: Present Construction Project Update Report Written communications for this item included a staff PowerPoint presentation.

10 Director of Public Works Timm Borden presented the Construction Project Update report via a PowerPoint presentation. Council received the presentation. Council member Sinks asked to have staff study the budget allocation and policies in place as compared to other cities in our area regarding the Sister Cities and to bring a report to Council. There was additional Council support for this request. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:30 p.m., the meeting was adjourned to Tuesday, November 19 beginning at 5:00 p.m., Community Hall Council Chamber, Torre Avenue, Cupertino, CA /s/grace Schmidt Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk s Office, , and also on the Internet at 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 Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,