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CC 11-03-2015 `St.l)Jf CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, November 3, 2015 SPECIAL CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang (6:55 p.m.) and Council members Darcy Paul and Gilbert Wong. Absent: Savita Vaidhyanathan. CEREMONIAL MATTERS AND PRESENTATION 1. Subject: Present Emerging Artist Award to Claire Kuan Recommended Action: Present Emerging Artist Award to Claire Kuan Claire Kuan was not present to receive the award in person. Council received a brief explanation about the award from Diane Matley, Vice Chair of the Fine Arts Commission. 2. Subject: a. Presentations from delegations to Toyokawa and Copertino Sister Cities and students who hosted Toyokawa delegates; and b. Presentation of Hsinchu Sister City delegation gift Recommended Action: Receive presentations a. Alysa Sakkas, President of Cupertino Toyokawa Sister City Committee and Helene Davis, President of Cupertino Copertino Sister City Association along with the student delegates made presentations; and b. Angela Chen, Vice President, Chia-Ching Lin, President, and Vice President Janice Sung of Cupertino Hsinchu Sister City Association presented gifts to Council from Hsinchu Sister City. Council received the presentations. City Council Minutes November 3, 2015 3. Subject: Update from the Public Safety Commission Recommended Action: Receive update Written communications for this item included a PowerPoint presentation. Chair of the Public Safety Commission Rob McCoy gave an update from the Commission via a PowerPoint presentation. Council received the update. 4. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive update This item was continued to a future Council meeting. 5. Subject: Update from the Bicycle Pedestrian Commission Recommended Action: Receive update Written communications for this item included a PowerPoint presentation. Chair of the Bicycle Pedestrian Commission Pete Heller gave an update from the Commission via a PowerPoint presentation. Council received the update. 6. Subject: Safe Routes to School Update Recommended Action: Receive update Written communications for this item included a PowerPoint presentation. Senior Civil Engineer David Stillman gave an update regarding Safe Routes to School via a PowerPoint presentation. Council received the update. Steven Scharf talked about the danger of cars parked in the bike lane on Blaney Avenue. POSTPONEMENTS -None ORAL COMMUNICATIONS Sandra James, President of Cupertino Veterans Memorial talked about the upcoming Veterans Day ceremony in Memorial Park and showed a video of the Memorial Dedication from 2007. 2 City Council Minutes November 3, 2015 Aparna on behalf of Synopsys Silicon Valley Science and Engineering thanked Mayor Sinks for the presentations he gave to the students before the meeting. David Chang talked about Vallco Mall store owners receiving eviction notices. Moe Satter small business owner from Vallco Mall talked about the mall owners, Sand Hill telling him he needs to relocate his store. Donald Moore on behalf of Vallco Shop Owners and small business owner in Vallco Mall talked about having to relocate his store. John Willey talked about the Hills at Vallco project and compared the height of the current mall to the proposed project. He distributed written comments. Cathy Helgerson talked about the upcoming public information meeting hosted by Supervisor Simitian regarding Lehigh. She also talked about the concern over Vallco store owners being asked to relocate. Greg Schaffer talked about his opposition to the Hills at Vallco project. Jennifer Griffin talked about the Hills at Vallco project and concerns over the height of the proposed project and loss of retail in the mall. She also talked about concern over tagging of street trees on Stevens Creek Boulevard and Wolfe slated for removal. Lisa Warren talked about protected trees on Stevens Creek Boulevard and Wolfe that are tagged for removal. She also talked about concern over the store owners at Vallco being asked to relocate. Kim Vo small business owner at Vallco Mall talked about her store and its growing success and now being asked to relocate. Surinder Kaur small business owner at Vallco Mall talked about being asked to relocate. Ajay Jhigan talked about Sand Hill giving notice to store owners to relocate. Lynn Ly small business owner at Vallco Mall talked about being asked to relocate her business. 3 City Council Minutes November 3, 2015 Mark Chen talked about parking issues on residential streets and not allowing space for parents to pick up their kids from school. Liang Chao talked about the Hills at Vallco project and concern over store owners being asked to relocate without compensation. Barry Feeley talked about Vallco Mall being a Cupertino icon and concern that it will be going away. Mariah Moscoso talked about concern over the shop owners in Vallco Mall having to relocate. Ruth Ashkenazi talked about concern over Sand Hill asking the Vallco shop owners to relocate without compensation. Raj Singh small business owner in Vallco Mall talked about having to relocate without compensation. CONSENT CALENDAR Wong moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item number 13.which was pulled for discussion. Ayes: Sinks, Chang, Paul and Wong. Noes: None. Abstain: None. Absent: Vaidhyanathan. 7. Subject: Approve the October 20 City Council minutes Recommended Action: Approve the minutes 8. Subject: Accept Accounts Payable for the period ending September 25, 2015 Recommended Action: Adopt Resolution No. 15-094 accepting accounts payable for the period ending September 25, 2015 9. Subject: Accept Accounts Payable for the period ending October 2, 2015 Recommended Action: Adopt Resolution No. 15-095 accepting Accounts Payable for the period ending October 2, 2015 10. Subject: Accept Accounts Payable for the period ending October 9, 2015 Recommended Action: Adopt Resolution No. 15-096 accepting Accounts Payable for the period ending October 9, 2015 11. Subject: Accept Accounts Payable for the period ending October 16, 2015 4 City Council Minutes November 3, 2015 Recommended Action: Adopt Resolution No. 15-097 accepting Accounts Payable for the period ending October 16, 2015 12. Subject: Letter to the California Public Utilities Commission (CPUC) supporting protections to its net energy metering program for rooftop solar customers Recommended Action: Authorize the Mayor to sign a letter to the CPUC to preserve its net energy metering program benefits for rooftop solar customers Written communications for this item included emails to Council. 13. Subject: Approve the destruction of records from the City Clerk, City Manager, Code Enforcement, Public Works, and Recreation and Community Services (Quinlan Community Center) departments Recommended Action: Adopt Resolution No. 15-098 approving the destruction of records Written communications for this item included an amended draft resolution. The Public Works records were removed from tonight's resolution approval because of a records request and other interest in further viewing those records. Sinks moved and Wong seconded to adopt Resolution No. 15-098 as amended approving the destruction of records from the City Clerk, City Manager, Code Enforcement and Recreation and Community Services (Quinlan Community Center) departments. The motion carried with Vaidhyanathan absent. 14. Subject: Authorize a new Chief Technology Officer/Director of Information Services position in the salary schedule for Unrepresented Employees' Compensation Program and approve corresponding budget amendments totaling $148,750 Recommended Action: Staff recommends the City Council approve the following: 1. Adopt Resolution No. 15-099 amending the Unrepresented Employees' Compensation Program and salary schedule 2. Approve an increase to the FY 2015-16 Information Technology program budget of $61,875 (610-34-310) 3. Approve an increase to the FY 2015-16 Public Affairs program budget of $61,875 (100-30-300) 4. Approve an increase to the FY 2015-16 Human Resources program budget of$25,000 (100-44-412) 5 City Council Minutes November 3, 2015 Written communications for this item included a redline draft of the Unrepresented Employees' Compensation Program and salary schedule. 15. Subject: 2015 Concrete Improvements Project, Project No. 2016-14 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $1,396,245 and approve a construction contingency of$139,000, for a total of$1,535,245 SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS -None REPORTS BY COUNCIL AND STAFF 16. Subject: Construction Project Updates Recommended Action: Receive updates Director of Public Works Timm Borden gave a Construction Project update via a PowerPoint presentation. Council received the update. 17. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt noted there would be a meeting with regulatory agencies regarding Lehigh Quarry at Community Hall on November 4 at 7:00 p.m. Also, he noted that Lehigh will be servicing a large pour in San Francisco and there will be truck traffic going from Foothill to the freeway all night this Sunday and next. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:30 p.m., Mayor Sink adjourned the meeting to Tuesday, November 17. Grace Schmidt, City Clerk 6 City Council Minutes November 3, 2015 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, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.