APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, July 16, 2013 CITY COUNCIL MEETING

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1 APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, July 16, 2013 CITY COUNCIL MEETING ROLL CALL At 5:32 p.m. Vice Mayor Gilbert Wong called the City Council meeting to order in the Community Hall Council Chamber, Torre Avenue, Cupertino, CA. Present: Mayor Orrin Mahoney (5:34), Vice Mayor Gilbert Wong, and Council members Barry Chang (5:38), Mark Santoro, and Rod Sinks. Absent: None. STUDY SESSION 1. Subject: Study session regarding the possible location of a cell tower at Civic Center Recommended Action: Receive report and provide direction to staff Public Affairs Director Rick Kitson reviewed the staff report and conceptual proposal including: Background, Location, and Aesthetics. There was overall Council support to improve cellular coverage, emergency service radio compatibility, and increased smart phone ability for crisis situations. Council directed staff to explore alternative designs and site locations; provide a status update for the Jollyman Park application, and the approved applications on Results Way and Bollinger Rd.; provide notification to the neighborhood and get feedback on aesthetics; and hold an additional study session prior to the formal application. Michael Gottwald said that he supports a cell tower and his Verizon phone reception would be better. At 6:22 p.m. Mayor Mahoney adjourned the study session portion of the meeting and recessed until 6:45 p.m.

2 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, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamation to honor the staff and services of Parks and Recreation department Recommended Action: Present proclamation Mayor Mahoney presented the proclamation to Acting Director of Parks and Recreation Carol Atwood. POSTPONEMENTS None ORAL COMMUNICATIONS Robert Chansler, Board member for the San Francisco Shakespeare Festival invited everyone to the Shakespeare Festival presentation of Macbeth in Memorial Park beginning this Friday and Saturday and the following two weekends, Friday through Sunday at 7:30 p.m. He thanked Council and the City of Cupertino for supporting the festival and the free Shakespeare in the Park for many years. CONSENT CALENDAR Wong moved and Santoro seconded to approve the items on the Consent Calendar as recommended with the exception of item numbers 3 and 7 which were removed for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None.

3 3. Subject: Approve the June 11 City Council minutes Recommended Action: Approve minutes The last sentence on page 3, section a was amended to read: The motion carried unanimously with Sinks recusing himself. Santoro moved and Wong seconded to approve the minutes as amended. The motion carried unanimously. 4. Subject: Approve the June 18 City Council minutes Recommended Action: Approve minutes 5. Subject: Accept Accounts Payable for period ending June 7, 2013 Recommended Action: Adopt Resolution No accepting Accounts Payable for period ending June 7, Subject: Accept Accounts payable for period ending June 14, 2013 Recommended Action: Adopt Resolution No accepting Accounts Payable for period ending June 14, Subject: Approve the July 1, 2013 through June 30, 2016 terms and conditions of employment for the Cupertino City Employeesʹ Association, Operating Engineers Local Union No. 3, AFL CIO, Unrepresented (Management and Confidential) Employees, Appointed Employees and Elected Officials and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOUʹs) and Compensation Programs Recommended Action: a) Adopt Resolution No adopting the Memorandum of Understanding between the City of Cupertino and the City Employeesʹ Association; b) Adopt Resolution No adopting a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL CIO; c) Adopt Resolution No amending the Unrepresented (Management and Confidential) Employeesʹ Compensation Program; d) Adopt Resolution No amending the Appointed Employeesʹ Compensation Program; e)adopt Resolution No establishing the Elected Officials Compensation Program There was direction to staff to research how much overtime is paid to staff when attending Council meetings.

4 Santoro moved and Wong seconded to adopt Resolution Nos through as recommended. The motion carried unanimously. 8. Subject: Approve enhancements to the Employee Wellness Program Recommended Action: Approve Proposed Enhancements to the Employee Wellness Program 9. Subject: Review the Proposed Memorandum of Agreement between the City of Cupertino (City) and Cupertino Union School District (CUSD) regarding the Faria and Collins Schoolsʹ ball fields Recommended Action: Adopt the Proposed Memorandum of Agreement 10. Subject: 2013 Pavement Maintenance Project Phase I, authority to award construction contract Recommended Action: Authorize the City Manager to award the construction contract if the bids are within the established budget and there are no unresolved bid protests Mahoney moved and Wong seconded to reorder the agenda and move up item number 13 next. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 13. Subject: Hearing to approve assessment of fees for annual weed abatement program (private parcels) Recommended Action: Conduct hearing and adopt Resolution No approving the assessment of fees for the annual weed abatement program (private parcels) City Clerk Grace Schmidt reviewed the staff report. Wong moved and Chang seconded to adopt Resolution No approving the assessment of fees for the annual weed abatement program (private parcels). The motion carried unanimously. SECOND READING OF ORDINANCES None Mayor Mahoney continued with item number 11.

5 PUBLIC HEARINGS 11. Subject: Saich Way Station site plan modifications to a previously approved Development Permit, Architectural and Site Permit and a Tree Removal Permit Recommended Action: Approve site plan modifications to the previously approved EA : A. Adopt Resolution No approving modifications to DP ; B. Adopt Resolution No approving modifications to ASA ; C. Adopt Resolution No approving modifications to TR Assistant Planner George Schroeder reviewed the staff report. Galen Grant from FCGA Architecture reviewed the new site plan highlighting drive through circulation, trash enclosure and transformer location, parking continuity, square footage, and increased setback on Stevens Creek Blvd. He also noted that they discussed the plans with the surrounding neighbors and all accepted the plan. Dennis Whittaker said he still has concerns about the exit and entrance onto Stevens Creek Blvd. being unsafe. He suggested either having one entrance or indenting the curb toward the sidewalk to allow cars to have their own lane when entering the parking lot. Darrel Lum distributed a document to Council showing his suggestions to the site plan. The suggestions included a one way entrance off of Stevens Creek Blvd., angled parking instead of 90 degree parking in that area, and moving the trash containers to the south which would block one lane of the aisle making the road one way. Kevin McClelland, speaking on behalf of the Cupertino Chamber of Commerce said the Chamber supports moving forward with the proposed plan. Sinks moved and Mahoney seconded to adopt Resolution No approving modifications to DP with the condition that the overall site plan shall be modified to eliminate one parking stall along the two way driveway from Stevens Creek Boulevard to increase the driveway throat setback to at least 50 feet from street curb to the edge of the southernmost parking stall in the row. The project is permitted to have a required parking supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final details shall be provided to the City for

6 review and approval prior to building permit issuance. The motion carried unanimously. Sinks moved and Mahoney seconded to adopt Resolution No approving modifications to ASA with the condition that the overall site plan shall be modified to eliminate one parking stall along the two way driveway from Stevens Creek Boulevard to increase the driveway throat setback to at least 50 feet from street curb to the edge of the southernmost parking stall in the row. The project is permitted to have a required parking supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final details shall be provided to the City for review and approval prior to building permit issuance. The motion carried unanimously. Sinks moved and Mahoney seconded to adopt Resolution No approving modifications to TR with the condition that the overall site plan shall be modified to eliminate one parking stall along the two way driveway from Stevens Creek Boulevard to increase the driveway throat setback to at least 50 feet from street curb to the edge of the southernmost parking stall in the row. The project is permitted to have a required parking supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final details shall be provided to the City for review and approval prior to building permit issuance. The motion carried unanimously. Council recessed from 8:50 p.m. to 9:00 p.m. ORDINANCES AND ACTION ITEMS Continued 12. Subject: Amendment of an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Recommended Action: Approve an Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount of $1,134, for a term of approximately 20 months, from the date of execution through March 31, 2015 Director of Public Works Timm Borden reviewed the staff report. Wong moved and Santoro seconded to approve an amendment to an agreement between the City of Cupertino and the Gilbane Building Company in the amount of

7 $1,134, for a term of approximately 20 months, from the date of execution through March 31, The motion carried unanimously. 14. Subject: Consideration of an ordinance rescinding and reenacting Cupertino Municipal Code Chapter regarding obstruction and encroachments into City rights of way Recommended Action: Conduct the first reading of Ordinance No : An Ordinance of the City Council of the City of Cupertino rescinding and readopting Cupertino Municipal Code Chapter (Encroachments and use of City Rights of Way) Director of Public Works Timm Borden reviewed the staff report. Tamon Norimoto, speaking on behalf of PG&E said they support the ordinance. Peggy Griffin distributed a document noting four issues with the ordinance: illegal to plant flowers or weed the parking strip or front part of the yard; requires a permit for any landscaping or the replacement of a driveway or walkway; it s an openended requirement and no way to challenge the list of permit conditions; if a homeowner has an obstruction, they don t have a weekend to fix it themselves. Jennifer Griffin asked questions about how the ordinance addresses the handling of AT&T cabinets and other utilities for new houses being built on lots. Director of Public Works Timm Borden responded to questions from the previous two speakers. Council directed staff to make a revision to C in order to clarify the language. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Chang seconded to read the ordinance by title only and that the City Clerk s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None.

8 REPORTS BY COUNCIL AND STAFF City Manager David Brandt said that the first public meeting on re visioning for the General Plan Amendment would take place on Thurs., July 18 beginning at 6:00 p.m. in Community Hall. He also noted that geese counts are down to single digits. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:43 p.m., the meeting was adjourned to August 20. The August 6 meeting was canceled. /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,