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CC 10-16-2012 \recc/ ,1 19, ,s CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Meeting Tuesday, October 16, 2012 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Subject: Conference with legal counsel — anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that Council obtained a briefing from legal counsel and gave direction. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro reconvened the special City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent; none. Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATIONS Cathy Helgerson asked Council to look into getting the water, air, and soil tested in Cupertino. She said that the Lehigh cement plant is still polluting and nothing is being done by any of the agencies. She also requested that something be done about the Stevens Creek Quarry polluting Stevens Creek. She said she is waiting for a letter to come from the water board about Lehigh and that a hearing would be conducted soon to bring Lehigh into regulation. She asked for more emphasis on any area that might be polluted in the City and urged Council to work more diligently toward environmental issues. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 2. Subject: October 2 City Council minutes Recommended Action: Approve minutes 3. Subject: Accounts Payable for period ending September 28, 2012 Recommended Action: Adopt Resolution No. 12-118 4. Subject: Adopt resolutions approving the July 1, 2012 through June 30, 2013 terms and conditions of employment for the Cupertino City Employees' Association, Operating Engineers Local Union No. 3, AFL-CIO, Unrepresented (Management and Confidential) Employees, and City Attorney Employees, and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU's) and Compensation Programs Recommended Action: a. Adopt Resolution No. 12-119 amending a Memorandum of Understanding between the City of Cupertino and the City Employees' Association; b. Adopt Resolution No. 12-120 amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO; c. Adopt Resolution No. 12-121 amending the Unrepresented 2 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency (Management and Confidential) Employees' Compensation Program; d. Adopt Resolution No. 12-122 amending the City Attorney Employees' Compensation Program; e. Adopt Resolution No. 12-123 directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU's) and Compensation Programs 5. Subject: Amend agreement with Santa Clara Valley Transportation Authority (VTA) for Project Readiness Initiative (PRI) funding Recommended Action: Authorize the City Manager to negotiate and execute an amendment to the agreement with VTA 1:o secure up to $50,000 in additional PRI funding 6. Subject: Municipal Improvements, 10215 Alhambra Avenue Recommended Action: Accept Municipal :[mprovements Description: The applicant has completed City-specified improvements in the City right-of-way including driveway approach, sidewalk, and curb & gutter as required by the improvement agreement with the City SECOND READING OF ORDINANCES—None PUBLIC HEARINGS—None ORDINANCES AND ACTION ITEMS 7. Subject: Approve the Joint Stevens Creek Dam Failure Plan Recommended Action: Adopt Resolution No. 12-124 approving the Joint Stevens Creek Dam Failure Plan Director of Administrative Services Carol Atwood reviewed the staff report. Jim Yoke from the Santa Clara County Fire Department said that the maps submitted with the plan were new and the other maps attached were made fairly recently by a consultant hired by the City. He noted that the maps were more current than anything else that could be found. He explained that the maps are based on a worst case scenario and that the public information portion of the plan is not yet available, but the key message for people in the inundation area is to go to higher ground. 3 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency Frank Maitski, Santa Clara Valley Water District Deputy Officer, said that they have done an analysis of the plan and have found that there are differences with another consultant. He said that they will know more about the status of the dam in early November. He noted that they are looking at potential impacts from an earthquake and if it looks like the dam could fail, the water level would be lowered and then repaired. He said that inundation studies look at worst case scenarios, but they do not know if they are in that situation right now and would like to proceed with approval of the dam failure plan and take appropriate action when they know more in November. Mr. Maitski said he believes the dam is safe until the final results are received. Council member Wong requested that signs telling people what to do in an emergency be placed in strategic locations and that information regarding the location of those signs be given to Council. Cathy Helgerson said that she is glad this is being looked into. She suggested working diligently to correct any problems with the dam if there is something wrong with it. She said that water coming down from Stevens Creek Quarry goes into the recharge pump behind the 7-Eleven Store and eventually into the ground water that people drink and bathe in on a daily basis. She noted that there are bacteria in the water and once Lehigh gets a permit to start digging, more trees would be destroyed taking away the buffer and therefore Lehigh and the quarry should be shut down. She also suggested that maps should be out so people know where high ground is. Frank Maitski said that in terms of the groundwater basin, heavy metal bacteria are particulate and are monitored and removed. He said the greater concern is anything that dissolves in the water which should be removed first, such as fuel leak spills. He said that extensive testing on the water is required by law and the health department would shut any agency down if the water wasn't safe. He said that the goal of the perk pond is to slowly put water through the aquifer to go through lots of filtering before it is used. Wong moved and Chang seconded to adopt Resolution No. 12-124 approving the Joint Stevens Creek Dam Failure Plan. The motion carried unanimously. 8. Subject: Set application deadline and interview dates for commissions and committees with terms expiring January 30, 2013 4 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: Recommend an application deadline of Friday, January 18 and interview dates of Monday, January 28 and Tuesday, January 29 beginning at 5:00 on both days City Clerk Grace Schmidt reviewed the staff report. Wong moved and Sinks seconded to set an application deadline date of Friday, January 18 and interview dates of Monday, January 28 and Tuesday, January 29 beginning at 5:00 p.m. on both days. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 9. Subject: Canada Geese at City Parks and Athletic Fields Recommended Action: Receive staff presentation and public comments regarding the increasing goose populations and their impact on the City's parks and athletic fields as well as provide feedback on staff's recommended strategy for reducing these impacts Written communications for this item included an email from Melody Grandell, a handout on geese carrying diseases from. Donna Axelson, and a staff PowerPoint presentation. Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Cathy Helgerson said that this is a serious matter because geese can be dangerous and the droppings contain parasites. She also said that the pond is contaminated and should be cleaned more often. She said that the geese should be trapped, released far away from Cupertino, and that the pond should be removed and gardens or grass should replace it. Director of Public Works Timm Borden said that trapping the geese could work with Fish and Game, but the space would be back-filled with other birds or the geese would come back. He also said the cost was prohibitive. Ernie Bonelli said that he and his wife like to take walks in Memorial Park and he applauded the City for continuing to do things about this problem. He said that most of the things done are temporary and nothing seems to be permanent because the geese get used to it. He proposed than the City trap the geese by sedating them, 5 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency band them, and transport them to the Central Valley. He said we live in the Pacific flyway and the migration has already begun. He also suggested that money be put aside and given to a local college for someone in the zoology department to look into this issue. Karen DelCompare said that she is concerned about the geese population at Memorial Park. She said that due to unsanitary conditions she has stopped taking her children there and urged Council to take action. She said she supports relocating, using dogs, and draining the ponds, but is opposed to using chemicals. She requested that the City stop using chemicals in all of the parks. Donna Axelson distributed a handout on geese carrying diseases. She said she likes Memorial Park, but due to the health issues, she has stopped going there. She said there should be a penalty for feeding the birds and ignoring the signs prohibiting it. She said the geese are more of a health issue rather than a nuisance issue and said she is surprised that there aren't more people concerned about the health issues. She said that the Veteran's Memorial cleaning occurs at least once a week, but there are so many geese that it is dirty again two hours later. Stuart Chessen said that he takes his dogs to Memorial Park and they chase the geese while on 6-foot leashes. He suggested that the City allow dogs to be off-leash, use the same insurance that is used for block parties to help cover any complaints, and use Code Enforcement to remove any unruly dog owners. He said that people should be penalized for feeding the geese and suggested training the seasonal Parks and Recreation staff to use lasers. He also suggested training people and their dogs to learn how to herd geese. John Bisely, Grounds Supervisor for the City, said motorized boats are supposed to work in conjunction with the dogs if you have a deep pond, but our pond is only 18- 24 inches deep. He said that the dogs chase the geese into the pond and the boat chases them again. He said he questions whether using only boats or only dogs would be effective. He said that geese always return to where they are born and trapping won't work either because they just come back. He said that Memorial Park has lots of events and weddings and suggested that dogs would be a good place to start. He said a combination of dogs and lasers with well trained people may also help and that the best time to do something is during mating time. Council received the staff presentation and public comments and provided feedback on staff's recommended strategy for reducing the goose population's impact. Council directed staff to look into a trial period for the following: 6 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency • Harassment or hazing with trained dog services (see if there is interest in residents volunteering with qualified dogs) • The use of lasers • The use of radio controlled boats • Bring back for Council consideration a "no feed" ordinance, setting a fee as penalty for feeding geese • Staff to come back with a mid-year budget augmentation on December 18 to support the program as necessary In other staff reports, City Manager David Brandt noted that there would be a "Meet the City Manager" event on October 22 from 2-4 in Community Hall. Director of Parks and Recreation Mark Linder noted that there would be a Pizza and Politics Candidates' forum in Community Hall on October 24 beginning at 7:00 p.m. hosted by the Cupertino Teen Commission and the Youth Commission of Saratoga, moderated by Crystal Morrow, City Clerk of Saratoga. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:00 p.m. the meeting was adjourned to Monday, November 5 beginning at 6:45 p.m. Please note that the regular City Council meeting will be held a day earlier than usual due to Election Day on November 6. 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, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 7