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CC 03-18-08CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, March 18, 2008 ROLL CALL At 4:00 p.m. Mayor Dolly Sandoval called the regular adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. INTERVIEWS 1. Conduct interviews for the Planning, Housing, and Senior Citizens' Commissions and the Community Development Block Grant (CDBG) Committee. The City Council interviewed the following candidates for the Planning Commission: Winnie Lee, Steve Elich, Judy Sheade, Paul Brophy, Geoffrey Paulsen, Ron Roberts, Eric Raffia, and Raj Abhyanker. They also interviewed Nicole Maroko for both the Planning Commission and the CDBG Committee. There were no applicants for the vacancies on the Senior Citizens' Commission or the Housing Commission. Council appointed Nicole Maroko to fill the unscheduled vacancy on the CDBG Committee, with a term ending January 2012. CLOSED SESSION At 5:35 p.m. Council convened to a closed session. The City Attorney stated that the Mayor has asked for a closed session pursuant to Government Code Section 54956.9(b)(1) -anticipated litigation. In the opinion of the City Attorney, there was a significant exposure of litigation against the City. He explained that the existing facts and circumstances justifying the closed session are based upon facts and circumstances which might result in litigation against the City, but which the City believed were not yet known to potential plaintiff or plaintiffs, and therefore the facts and circumstances need not be disclosed. March 18, 2007 Cupertino City Council Page 2 He said that the City is considered to have a significant exposure to litigation pursuant to section 54956.9(c) because, after consulting with her own legal counsel and other legal authorities, the Mayor disclosed that she had a significant exposure to litigation regarding her prospective activities which involved the selection of members of the Planning Commission. At 6:00 p.m. Council reconvened in open session. The City Attorney announced that no action had been taken. Council appointed Paul Brophy to fill the unscheduled vacancy on the Planning Commission, with a term ending January 2009. RECESS The Council recessed from 6:10 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Dolly Sandoval called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Mayor Sandoval opened the meeting in honor of two cyclists, Kristy Gough and Matt Peterson, who were killed recently in a bike accident in Cupertino. She held a moment of silence for them and fora 3`d cyclist who was injured in the accident, Christopher Knapp (no relation to the City Manager), and Deputy James Council who was involved in the accident. She asked all Cupertino residents to remember to share the road at all times with bicyclists, pedestrians, and other drivers. During the moment of silence, pictures were shown from a memorial ride of approximately 1000 riders that went from Foothill College to Stevens Canyon Road where the accident occurred. Mayor Sandoval asked staff to prepare a report for the next meeting to consider putting a plaque on the accident site with the date and names of Matt Peterson and Kristy Gough. ROLL CALL Present: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. CLOSED SESSION The City Attorney reported out from the closed session earlier in the evening that no action had been taken by Council. March 18, 2007 Cupertino City Council Page 3 CEREMONIAL MATTERS -PRESENTATIONS 2. Supervisor Liz Kniss -County issues of concern to the City of Cupertino. (No documentation in packet). Supervisor Kniss discussed the state budget and its impact on the County and the City, a possible dog park in Cupertino, the Lawrence Linear Park project, the Hansen Quarry restoration, and the County's retention pond. Council received the report and no action was taken. 3. Presentation of a check from the Homestead High School Future Business Leaders of America (FBLA) to the City of Cupertino for the restoration of McClellan Ranch. (No documentation in packet). Three students, representing the Homestead High School FBLA, presented a check in the amount of $1105.85 to the City and the Parks and Recreation Department. They noted that the check was made possible through their efforts in numerous charity events. POSTPONEMENTS -None WRITTEN COMMUNICATIONS A letter from Silicon Valley Association of Realtors regarding item number 12 was distributed on the dais. ORAL COMMUNICATIONS Planning Commissioner Marty Miller talked about solar energy and the potential savings in electrical expenses. He noted that the school district is looking into solar energy, and other neighboring cities have programs in place to encourage solar purchase for their residents. He encouraged Council to take a lead and formally establish a program and allocate resources to studying the issue. He volunteered his own time as well. Sparky Cohen said that when he spoke at the last Council meeting he felt that things would be corrected at the next Library Commission meeting. He said he still wasn't able to get his point across in the meetings and asked the Mayor to talk to the chair about letting him be involved. Mayor Sandoval asked for his contact information so they could discuss his issue. A Boy Scout said that his troop is pursuing a merit badge, and one of the requirements is to present something to the Council. He said that the group has chosen the issue of Cupertino Union School District teachers "work to rule" protest. He said he hoped the teachers would get the pay that they deserve so the strike would be over and things could return to normal. Mayor Sandoval suggested the group talk to the School District Board since they have influence over teacher contracts. March 18, 2007 Cupertino City Council Page 4 CONSENT CALENDAR Wong/Wang moved and seconded to approve the items on the Consent Calendar as recommended. Ayes: Mayor Dolly Sandoval, Vice-Mayor Orrin Mahoney, and Council members Mark Santoro, Kris Wang and Gilbert Wong. Absent: none. 4. Approve the minutes from the March 4 City Council meeting. Adopt resolutions accepting Accounts Payable for February 29 and March 7, Resolution Nos. 08-028 and 08-029. 6. Adopt a resolution accepting Payroll for March 7, Resolution No. 08-030. Adopt a resolution approving an improvement agreement, Bay Colony Investors II, Inc., 10745 De Anza Boulevard, APN 326-10-064, Resolution No. 08-031. Through the improvement agreement with the City, these applicants for a building permit for amulti-family development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. Adopt a resolution approving an improvement agreement, Hamid Ghazvini and Ziba Manouchehrizadeh, 21761 Granada Avenue, APN 357-17-055 and 357-17-056, Resolution No. 08-032. Through the improvement agreement with the City, the applicant for a building permit for a residential and commercial development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Hamid Ghazvini and Ziba Manouchehrizadeh, 21761 Granada Avenue, APN 357- 17-055 and 357-17-056, Resolution No. 08-033. The property owners of this residential and commercial development agree to grant to the City the right to extract water from the basin under the overlying property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) -None PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 10. Authorize Golden State Bride, the general contractor for the Mary Avenue Bicycle Footbridge, to substitute landscape sub-contractor KCI Environmental, for landscape sub- contractor Ecological Concerns, Inc., at no cost to the City. March 18, 2007 Cupertino City Council Page 5 Mahoney/Wong moved and seconded to authorize the substitution of landscape sub- contractors at no cost to the City. The motion carried unanimously. 11. Consider the Stevens Creek Corridor Park Project -Phase I a) Approve the base project scope and schedule of the Stevens Creek Corridor Park Project and recommendations for alternative project phasing and scheduling of construction into Phase I-A (Creek Restoration) and Phase I-B (Park and Trail Improvements) b) Approve the project budget in the amount of $14,123,000 including a budget augmentation of $1,300,000 as proposed in this report from various sources. c) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No. 3 to the agreement with HNTB Corporation, not to exceed $462,000 for project management and architectural services during construction for the bid, award and construction of Phase lA and 1B of the Stevens Creek Corridor Park Project and providing an amount not to exceed $100,150 for additional services which may be approved as necessary by the Director of Public Works for a total contract amount of $2,037,000, Resolution No. 08-034. d) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Swinerton Management & Consulting in an amount not to exceed $575,000 for construction management services during construction for the bid, award and construction of Phase lA and 1B of the Stevens Creek Corridor Park Project, Resolution No. 08-035. e) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District for a contribution grant of $803,768 for fish barrier removal and habitat enhancements, Resolution No. 08- 036. f) Authorize the Director of Public Works to advertise and receive bids for the Phase I-A project (engineer's estimate of $2,685,000) and to advertise and receive bids for the Phase I-B project (engineer's estimate of $6,031,000) with the goal of pulling in the Phase I-B project as early as feasible Rhoda Fry said that she had not heard anything about phase II and buses, and she was concerned about the planning process and money in general. She said that the golf maintenance facility violates City rules by being too close to houses, it is an aging building, it stores chemicals, and would harm neighbor's views. She urged Council to do more planning on that facility. Bill Walster said that the map doesn't show the location of the trees that are to be removed, and he was concerned about misrepresentation. He suggested doing the habitat restoration first, and to leave the creek alignment and trees alone to save money. He urged Council to listen to citizen input and receive accurate information before voting. March 18, 2007 Cupertino City Council Page 6 Director of Public Works Ralph Qualls responded that Council conducted a detailed discussion on December 18 with community members and biologists to clarify the issue of the trees and the creek restoration. Pat Showalter from the Santa Clara Valley Water District said that they are impressed by the City's ability to get grant funds. She expressed the Water District's support for the project and said the project would benefit the ecosystem, especially fisheries and endangered steelhead trout. Gail Bower said she agreed with Bill Walster that too many trees were being removed from this small area. She asked to see an actual model of where the buildings would go how the park would look in one, five, and ten years. She noted that the project is overdeveloped and didn't have enough open space. Debra Jamison said that she was promised awalk-through of the project site to see which trees would be removed and why. She was concerned about mitigation measures and monitoring, especially once construction begins, since nesting season has begun and there is a possibility that the area is home to a pair of screech owls and red-shouldered hawks. She said that representatives from conservation groups should be allowed access on a regular basis to conduct their own monitoring to instill public trust and confidence. Jennifer Griffin said that the City's acquisition of Lawrence Mitty Park is inevitable. She noted that the park would allow continuation of the Saratoga Creek Trail, and that Cupertino would also control half of Lawrence Expressway, which is a one-mile stretch. Robert Levy said that he was concerned about the cost of the park project when the City can't afford to maintain its streets, and spends money on replacing sidewalks damaged by City trees. Mahoney/Sandoval moved and seconded to approve the base project scope and schedule of the Stevens. Creek Corridor Park Project and recommendations for alternative project phasing and scheduling of construction into Phase I-A (Creek Restoration) and Phase I-B (Park and Trail Improvements) with the addition that when the bid award contract comes back to Council, staff would also bring a policy for Council to adopt regarding the ability for third-party walkthroughs of the project. The motion carried unanimously. Mahoney/Wang moved and seconded to approve the project budget in the amount of $14,123,000 including a budget augmentation of $1,300,000 to be allocated as follows: $490,000 from Green Project funds and $810,000 from Capital Improvement Project (CIP) funds. The motion carried with Council member Santoro and Mayor Sandoval voting no. March 18, 2007 Cupertino City Council Page 7 Mahoney/Sandoval moved and seconded to adopt Resolution No. 08-034. The motion carried unanimously. Mahoney/Wang moved and seconded to adopt Resolution No. 08-035. The motion carried unanimously. Mahoney/Wong moved and seconded to adopt Resolution No. 08-036. The motion carried unanimously. Mahoney/Wang moved and seconded to authorize the Director of Public Works to advertise and receive bids for the Phase I-A project (engineer's estimate of $2,685,000) and to advertise and receive bids for the Phase I-B project (engineer's estimate of $6,031,000) with the goal of pulling in the Phase I-B project as early as feasible Council recessed from 9:45 p.m. to 9:55 p.m. 12. Consider Application No. MCA-2008-O1 and conduct the first reading of Ordinance No. 08-2025: "An Ordinance of the Cupertino City Council amending Chapter 9.22 (Property Maintenance) of the Cupertino Municipal Code to prohibit excessive pruning of trees". City Attorney Charles Kilian explained that all laws in the Cupertino Municipal Code are misdemeanors unless specifically stated that they are infractions. He also explained the penalties and the Code Enforcement process for each type of offense. Jennifer Griffin said that the Ash trees in the Rancho Rinconada area are protected street trees and City property. She urged residents to call the City before cutting any street trees. The Deputy City Clerk read the title of the ordinance reflecting a change to the last three words in the title from "pruning of trees" to "maintenance of tree stumps" and a change in wording of 9.22.040 to say "infraction" instead of "misdemeanor." Mahoney/Wang moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. 13. Select Teen Commission interview date. (No documentation in packet). The City Council selected the date of May 19, 2008 at 3:30 p.m. for Teen Commission interviews. The application deadline will be Friday, April 25 at 4:30 p.m. 14. Set a date for a bud e~y session. (No documentation in packet). The City Council selected the date of May 27, 2008 at 5:00 p.m. for a budget study session. March 18, 2007 Cupertino City Council Page 8 ORDINANCES 15. Conduct the second reading of Ordinance No. 08-2024: "An Ordinance of the Cupertino City Council rezoning of a .27 gross acre parcel located at the south east end of Cleo Avenue and Highway 85 from Planned Development Multi-Family (PR3) to Planned Residential, P(RES)" Mahoney/Wang moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney/Wang moved and seconded to enact Ordinance No. 08-2024. Ayes: Sandoval, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS City Attorney Charles Kilian talked about a District Court of Appeals law which prohibits zoning matters from being set before the City Council until the Planning Commission makes its recommendation at a meeting. He noted that this would extend the time for some types of applications. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. Mayor Sandoval congratulated City Planner Ciddy Wordell on her retirement after 17.5 years at the City of Cupertino. ADJOURNMENT At 10:56 p.m. the meeting was adjourned in honor of cyclists Kristy Gough and Matt Peterson. ~~ l~"~( Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the 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/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.org and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.