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CC 03-15-2016CUPERTINO ROLL CALL APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, March 15, 2016 SPECIAL CITY COUNCIL MEETING At 3:00 p.m. Mayor Barry Chang called the Special City Council meeting to order m Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Council went into closed session and reconvened in open session at 4:30 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue for a study session regarding the 2016/2017 Work Program. CLOSED SESSION 1. Subject: Conference with Labor Negotiators pursuant to Government Code Section 54957.6. Agency designated representatives: Director of Administrative Services, City Manager, Dania Torres Wong. Employee organizations: Operating Engineers Local No. 3 Union, Cupertino Employees' Association Mayor Chang announced that Council gave direction to staff. STUDY SESSION 2. Subject: Work Program study session Recommended Action: Review the 2016/2017 Work Program Written communications for this item included an amended page from the Community Development portion. City Manager David Brandt gave an overview of the City Manager's Office, Public Affairs, Economic Development and Sustainability portions of the Work Program. Staff answered questions from Council. City Council Minutes March 15, 2016 Assistant City Manager Aarti Shrivastava highlighted the upcoming projects for Community Development on the Work Program and answered questions from Council. Director of Public Works Timm Borden highlighted the Work Program for the Public Works Department and answered questions from Council. Director of Recreation and Community Services Carol Atwood highlighted the projects for that department on the Work Program and answered questions from Council. Mr. Brandt highlighted the Administrative Services Department Work Program portion and answered questions from Council. Jennifer Griffin talked about acquiring the Lawrence Mitty property and working on the Blacksmith Shop at McClellan Ranch. Council concurred to continue the Study Session after the Regular Meeting. ADJOURNMENT At 6:30 p.m. Mayor Chang recessed the Special Meeting until after the Regular City Council meeting to continue the Study Session. Council recessed from 6:30 p.m. to 6:50 p.m. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Barry Chang called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. 2 City Council Minutes March 15, 2016 CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present proclamation to the American Association of University Women (AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino Recommended Action: Present proclamation Mayor Chang presented the proclamation to Kathy Reda on behalf of the American Association of University Women (AAUW). 2. Subject: Present Association of Northern California Chinese Schools (ANCCS) Certificates of Recognition to the 2016 Chinese New Year Poster Contest Monkey Year Winners Recommended Action: Present certificates Joseph Ma, Director General for Taipei Economic and Cultural Office in San Francisco said a few words. Mayor Chang presented the certificates to the 2016 Chinese New Year Poster Contest Monkey Year Winners. 3. Subject: Presentation of student transportation videos and monetary awards to second place winners "Matted" Shuge Luo and Elaine Wang; and third place (tie) winners "Small Town Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling Tse and Helen Jiang . Recommended Action: View video presentation and present awards Library Commissioner Jerry Liu introduced the second and third place (tie) winners and a video montage of the three transportation videos was shown. Mayor Chang presented the monetary awards to the winners. 4. Subject: Present proclamation to Christina Wu for being the California finalist in the Doodle4Google Contest Recommended Action: Present proclamation Mayor Chang presented the proclamation to Christina Wu. 3 City Council Minutes March 15, 2016 5. Subject: Present proclamation to the American Red Cross of Silicon Valley recognizing March 2016 as Red Cross Month Recommended Action: Present proclamation Mayor Chang presented the proclamation to CEO Quinn H. Tran and Stuart Chessen from the American Red Cross of Silicon Valley. 6. Subject: Present proclamation to the Tai Ji Men Qigong Academy in celebration of the 2016 Chinese New Year Gathering Recommended Action: Present proclamation Mayor Chang presented the proclamation to Mr. Tsai on behalf of Dr. Hong, Tao-Tze, and Tai Ji Men Qigong Academy in San Jose. POSTPONEMENTS 7. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to April 5 Recommended Action: Continue this item to April 5 Wong moved and Sinks seconded to continue Item No. 20 regarding the approval of the Fiscal Year 2016-17 Fee Schedule to April 5. The motion carried unanimously. ORAL COMMUNICATIONS Alysa Sakkas on behalf of Rolling Hills 4-H talked about Council review of the Cupertino Municipal Code regarding beekeeping. She distributed written comments. Ethan Chi on behalf of Rolling Hills 4-H talked about beekeeping. Christopher Chapman on behalf of Rolling Hills 4-H talked about beekeeping. Elena McPherson on behalf of Rolling Hills 4-H talked about beekeeping. Korben Tompkin on behalf of Rolling Hills 4-H talked about beekeeping. Gabriel Tompkin on behalf of Rolling Hills 4-H talked about beekeeping. Adhithi Fernandes on behalf of Rolling Hills 4-H talked about beekeeping. 4 City Council Minutes March 15, 2016 Nathan Chi on behalf of Rolling Hills 4-H talked about beekeeping. Isaac Tiscareno on behalf of Rolling Hills 4-H talked about beekeeping. Samuel Tiscareno on behalf of Rolling Hills 4-H talked about beekeeping. Ryan Chi on behalf of Rolling Hills 4-H talked about beekeeping. Ken McKenzie on behalf of the Santa Clara Valley Bee Guild talked about beekeeping. Kimberly Sandstrom talked about the West Valley Community Services Below Market Rate (BMR) purchase program. She distributed written comments. Liang Chao talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI). Cathy Wang talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI). Steven Scharf talked about bike safety issues and a way for residents to report issues. Jon Willey talked about the Oaks development and negative comments addressed toward him the last time he spoke at a Council meeting. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with the exception of item number 16 which was pulled for discussion. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 8. Subject: Approve the March 1 City Council minutes Recommended Action: Approve the minutes 9. Subject: Accept Accounts Payable for the period ending January 29, 2016 Recommended Action: Adopt Resolution No. 16-020 accepting Accounts Payable for the period ending January 29, 2016 10. Subject: Accept Accounts Payable for the period ending February 5, 2016 Recommended Action: Adopt Resolution No. 16-021 accepting Accounts Payable for the period ending February 5, 2016 5 City Council Minutes March 15, 2016 11. Subject: Accept Accounts Payable for the period ending February 12, 2016 Recommended Action: Adopt Resolution No. 16-022 accepting Accounts Payable for the period ending February 12, 2016 12. Subject: Accept Accounts Payable for the period ending February 19, 2016 Recommended Action: Adopt Resolution No. 16-023 accepting Accounts Payable for the period ending February 19, 2016 13. Subject: Accept Accounts Payable for the period ending February 26, 2016 Recommended Action: Adopt Resolution No. 16-024 accepting Accounts Payable for the period ending February 26, 2016 14. Subject: Approve the Second Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019 Recommended Action: Authorize the City Manager to execute an amendment to the lease agreement with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve to include use of Monta Vista Recreation Center and/or the Environmental Education Center for their monthly meetings 15. Subject: Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 Recommended Action: Recommend Approval to the Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088 North Wolfe Road, Suite 120 16. Subject: Approval of two separate Master Agreements between the City of Cupertino and the Gilbane Building Company and between the City of Cupertino and CSG Consultants, Inc. to provide construction management services on various Capital Improvement Projects Recommended Action: 1) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $800,000 for a term of approximately two years; and 2) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two years 6 City Council Minutes March 15, 2016 Written communications for this item included a desk item from staff regarding consultant tentative project assignments. Director of Public Works Timm Borden answered questions from Council. Wong moved and Sinks seconded to 1) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $800,000 for a term of approximately two years; and 2) Authorize the City Manager to execute a Master Agreement between the City of Cupertino and CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two years. The motion carried unanimously. 17. Subject: Authority to award construction contract for Cupertino Sports Center (CSC) East Courts Resurfacing Project, No. 2015-04 Recommended Action: 1. Authorize the City Manager to award a construction contract in an amount not to exceed the appropriated project budget limits, to the lowest responsive bidder if there are no unresolved bid protests; and 2. Authorize a construction contingency budget of 10% of the construction contract amount to address unforeseen conditions discovered during construction. 18. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services on various street improvement projects Recommended Action: Approve an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $325,000 from the date of execution through June 30, 2017, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the various street improvement projects Written Communications for this item included an amended staff report. 19. Subject: Mitigation Fee Act -Annual & Five-Year Report. Recommended Action: 1.) Accept the Five Year and Annual Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and 2. Adopt Resolution No.16-026 Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings Written communications for this item included an amended Attachment A. SECOND READING OF ORDINANCES -None 7 City Council Minutes March 15, 2016 PUBLIC HEARINGS 20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1) will be continued to April 5 Recommended Action: Under Postponements this item will be continued to April 5 Under Postponements, this item was continued to April 5. ORDINANCES AND ACTION ITEMS 21. Subject: Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance as directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015- 02; Applicant(s): City of Cupertino; Location: citywide Recommended Action: Conduct the first reading of Ordinance No. 16-2142: "An Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to comply with state-mandated updates to the Model Water-Efficient Landscape Ordinance" Written communications for this item included a staff PowerPoint presentation and ordi_nance language amendments. Assistant Planner Ellen Yau reviewed the staff report via a PowerPoint presentation. City Clerk Grace Schmidt read the title of the ordinance. Jennifer Griffin spoke on this item. Wong moved and Paul seconded to read Ordinance No. 16-2142 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. The following amendments will come back for the second reading: 8 City Council Minutes March 15, 2016 • Table 14.15.060 (c): originally read "dedicated landscape water meter required for a) all non-residential irrigated landscapes of 1,000 s.f. -5,000 s.£" and should now read "dedicated landscape water meter required for a) all non-residential irrigated · landscapes of~ 1,000 s.f" • Section 14.15.020 (a) (2): originally was not in ordinance but added language to say "projects with landscape areas less than 2,500 square feet using graywater or on-site rainwater capture to entirely meet the landscape water requirement (estimated total water use) of the lot is subject only to the irrigation system requirements in the prescriptive compliance option (appendix a). The original #2 was pushed to #3 because of this insert. • Section 14.15.040 (b) and (c) removed language "(appendix d) completed by a certified professional" because it was an incorrect reference • Section 14.15.040 (f) and (g) and 14.15.050 (g), (h) and (i) were referencing wrong sections; references were corrected • Table 14.15.060 (a) was reverted to the original formatting in the existing Ch. 14.15 22. Subject: Accept resignation of Housing Commissioner Krista Wilson and consider options for filling the unscheduled vacancy. Recommended Action: Accept resignation of Housing Commissioner Krista Wilson and direct staff to fill the unscheduled vacancy by one of the following options: a.) Appoint from the existing list of applicants that were interviewed in January (Attachment A); or b.) Hold a special recruitment and set an application deadline of 4:30 p.m. on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at 5:30 p.m. City Clerk Grace Schmidt reviewed the staff report. Wong moved and Sinks seconded to accept the resignation of Housing Commissioner Krista Wilson and appoint Sue Bose to a full term ending January 2020. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 23 . Subject: Construction Project Updates Recommended Action: Receive Updates Written communications for this item included a staff PowerPoint presentation. 9 City Council Minutes March 15, 2016 Director of Public Works Timm Borden reviewed the construction projects update via a PowerPoint presentation. Council received the updates and asked staff to follow up on the following: • The trees to be replaced at the Wolfe Road to southbound 280 ramp and whether it is public or private property • Follow up with complaints about PG&E construction on Wolfe and Stevens Creek Boulevard running outside of hours permitted in their traffic control plan and causing rush hour congestion. • PG&E trench repair at Byrne and McClellan Rd leading to Lincoln and Monta Vista is very rough for bikes -put update in Items 24. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. Council members briefly discussed Oral Communications on Council agendas. Jennifer Griffin spoke regarding the discussion of Oral Communications. Two Council members concurred to add discussion of Oral Communications to the next Council agenda. ADJOURNMENT At 9:14 p.m., Mayor Chang adjourned the Regular Meeting and reconvened the Special Meeting to continue discussing Item No . 2 regarding the 2016/2017 Work Program. STUDY SESSION -Continued 2. Subject: Work Program study session Recommended Action: Review the 2016/2017 Work Program Council reviewed the 2016/2017 Work Program, gave the following direction and asked for more information on the following: 10 City Council Minutes March 15, 2016 • Audit City's telecommunications expenditures to reduce them as much as possible • Have staff look into additional building code software (that can do preliminary plan checks to meet building code) for future possibilities • Include information regarding small business development when Economic Strategic Plan comes back to Council • Incorporate information regarding residents rights to solar installation with material already being provided • Discuss finding a system for capturing emails for Public Records Act requests with new Chief Technology Officer (CTO) • Put update on Parks Master Plan in weekly Items including timeline and also add additional information to webpage • Identify location for a regulation cricket pitch and batting cage • Ask Teen Commission to look into ideas for how to communicate better with residents including social media and find out what other cities are doing • Bring back discussion in November regarding idea of paving part of Library field • Add to work program update of bee ordinance ADJOURNMENT At 9:33 p.m., Mayor Chang adjourned the Special Meeting. 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, 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. 11