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CC 02-03-2015 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, February 3, 2015 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:00 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CLOSED SESSION At 5:00 p.m. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. 1. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Tina Mao, Agency Claimed Against: City of Cupertino Mayor Sinks announced that Council obtained a briefing from staff and the City Attorney and gave direction. 2. Subject: Conference with Legal Counsel - Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: One Case Mayor Sinks announced that Council obtained a briefing and no action was taken. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 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 City Council Minutes February 3, 2015 of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, Savita Vaidhyanathan, and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATIONS Written communications for this item included an email from Nick Szabo to City Council. He noted he wouldn't be able to attend the meeting in person. Donna Austin invited everyone to International Night at the Quinlan Community Center on February 21 at 6:30 p.m. She noted there would be food available from many cultures and entertainment. Karen Del Compare noted concerns about recent Council meetings where the Council Chamber was full and overflowed into the lobby and City Hall. She noted she wasn't able to get into the Chamber to give public comment. She also made comments on the recent County meeting regarding issues with selenium at Lehigh and urged Council to support the amicus brief. Eric Schaefer urged staff to have flexibility in the format at the upcoming GPA workshop in Community Hall on February 4 and allow residents to ask questions. He also asked for a Citywide parks plan, especially for east Cupertino. Gary Latshaw urged Council to agendize an item to join Bay Area for Clean Environment (BACE)' in supporting an amicus brief challenging the County's recent approval of the Reclamation Plan for Lehigh Quarry. Richard Adler urged Council to express an opinion on an amicus brief regarding the appeal on a lawsuit of the inadequacy of the Reclamation Plan for Lehigh. Tim Brand urged Council to support the amicus brief in support of the appeal by BACE challenging the Lehigh Reclamation Plan. He distributed his comments, a transcript of the County Planning Commission meeting from 11/20/14, and a DVD with the audio of that meeting. City Council Minutes February 3, 2015 Paula Wallis urged Council to add the amicus brief item on an upcoming agenda. She noted that the website for BACE is www.notoxicair.org. Liang-Fang Chao talked about the process of community input during City meetings and community workshops. She said that the consultants propose projects that are over-budget and not what the community asked for. STUDY SESSION 1. Subject: Study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (SCC Master Plan) and recommend alternatives to proceed with an Environmental Impact Analysis. (Re-noticed from January 21, 2015) Recommended Action: Conduct study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommend alternatives to proceed with an Environmental Impact Analysis Written communications for this item included emails to Council. Director of Recreation and Community Services Carol Atwood reviewed the staff report and answered questions from Council. Ed Getherall, Director of Operations for the National Golf Foundation (NGF), golf course Architect Forrest Richardson from Forrest Richardson and Associates, Cupertino Recreation Coordinator Tim Coles, and Laurie Matthews, Director of Preservation Planning and Design from MIG answered questions from Council. Mayor Sinks opened the public comment and the following individuals spoke: Kathy Stakey Rhoda Fry Donna Austin Alice Kaufman Sharon Blaine Carol Emerich Nicholas Egan Munir Vora Gail Bower Keith Wandry Gary Latshaw Ryan Taylor Irene Steves Jose Beltran Robina Vandersteen John Ennals Janet Vanzoeren Liang-Fang Chao Chris Bencher City Council Minutes February 3, 2015 The comments included: keep golf course, support for modified option C, protect McClellan Ranch, support for golf course conceptual plan A, foot golf a great idea, want fewer man-made things, move the swimming pool to Memorial Park, remove volleyball and bocce courts, keep Stocklmeir house as an historic ranch home, road into Blackberry Farm from Stevens Creek Blvd. near Phar Lap not safe due to fast moving traffic, support a golf course with natural habitation or return to natural state if dont keep golf course, incorporate McClellan Ranch West as a preserve, need money for parks in east Cupertino, partner with Fremont Union High School District (FUHSD) for use of tennis courts, expand Creekside park by taking three houses there, take United Furniture lot to build gymnasium, residents voted for open space, look at ponds that were removed as natural habitat for birds, use responsible watering on golf course, make a multi-use clubhouse on Stevens Creek Blvd., widening driveway on San Fernando won't do any good, net on golf course is issue for bird safety, balance public access without destroying asset, open space important for quality of life and not much left, McClellan Ranch wildlife crucial for children's education, keep as natural as possible, support foot golf, Frisbee golf, cricket, be responsible during drought, entrance on Stevens Creek Blvd. won't change traffic in Monta Vista area since traffic due to schools, options A, B, and C would all have detrimental effects on wildlife, support restoring golf course or trying something different, need Citywide Park Master Plan. Mayor Sinks closed the public comment. Council recessed from 10:06 p.m. to 10:14 p.m. Barbara Banfield, City Naturalist, talked about the nature programming at McClellan Ranch and answered questions from Council. Katrina Hardt-Holoch MIG consultant talked about alternatives, scope, and Environmental Impact Report (EIR). Molly James, Cupertino Recreation Coordinator talked about studying the possibility of operating outside of the 100 days that BlackBerry Farm is currently open for additional programming, especially of the pool. Council deliberated and gave the following direction: City Council Minutes February 3, 2015 CONSENT CALENDAR Wong moved and Paul seconded to approve the items on the Consent Calendar as presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the January 20 City Council minutes Recommended Action: Approve the minutes 3. Subject: Approve the January 26 and 27 City Council minutes Recommended Action: Approve the minutes 4. Subject: Accept Accounts Payable for period ending January 9, 2015 Recommended Action: Adopt Resolution No. 15-004 accepting Accounts Payable for the period ending January 9, 2015 5. Subject: Accept Accounts Payable for period ending January 16, 2015 Recommended Action: Adopt Resolution No. 15-005 accepting Accounts Payable for the period ending January 16, 2015 6. Subject: Accept Accounts Payable for period ending January 23, 2015 Recommended Action: Adopt Resolution No. 15-006 accepting Accounts Payable for the period ending January 23, 2015 7. Subject: Approve exception to the 995 rule for one Temporary Employee with budget adjustment Recommended Action: Approve exception to the 995 rule for one Temporary Employee with budget adjustment of $52,390 resulting in increased appropriations for the City Manager and City Attorney budgets of$26,195 respectively 8. Subject: Amend the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) Recommended Action: Adopt Resolution No. 15-007 amending the Catastrophic Leave section of the Memorandum of Understanding between the City of Cupertino and the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) 9. Subject: Re-advertise for two vacancies on the Technology, Information, and Communications Commission (TICC) with full terms ending January 2019 Recommended Action: Set an application deadline date of Friday, March 6 at 4:30 p.m. and schedule an interview date of Tuesday, March 17 beginning at 6:00 p.m. City Council Minutes February 3, 2015 10. Subject: Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company for consultant services for construction management on various projects Recommended Action: Approve a Second Amendment to an Agreement between the City of Cupertino and the Gilbane Building Company in the amount not to exceed $1,478,489.00 for an additional term of approximately 12 months, from the date of expiration of the First Amendment through March 31, 2016 11. Subject: City Project, 2014 Pavement Maintenance Phase 1, Project No. 2014-01 Recommended Action: Accept Project No. 2014-01 12. Subject: City Project, 2014 Pavement Maintenance Phase 2, Project No. 2014-04 Recommended Action: Accept Project No. 2014-04 13. Subject: City Project, 2014 Pavement Maintenance Phase 3, Project No. 2014-05 Recommended Action: Accept Project No. 2014-05 SECOND READING OF ORDINANCES 14. Subject: Second Reading of "Ordinance amending Chapter 2.36 of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Recommended Action: Conduct the Second Reading and enact Ordinance No. 15- 2127: "An Ordinance of the City Council of the City of Cupertino amending Section 2.36.303 Members-Vacancy or Removal, Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions, of the Cupertino Municipal Code regarding the Parks and Recreation Commission" Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2127 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Paul seconded to enact Ordinance No. 15-2127: Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS -None Council recessed from 12:43 a.m. to 12:50 a.m. City Council Minutes February 3, 2015 ORDINANCES AND ACTION ITEMS 15. Subject: Civic Center Master Plan Consultant Contracts (Continued from January 20) Recommended Action: Staff recommends that the City Council authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 Written communications for this item included emails to Council. Director of Public Works Timm Borden reviewed the staff report. Wong moved and Paul seconded to authorize the City Manager to negotiate and execute contracts for all remaining services necessary to complete work directed by the Council on October 21, 2014 and to add an additional amount up to $25,000 to study another design alternative of adding surface parking onto the Library field. The motion carried with Chang voting no. REPORTS BY COUNCIL AND STAFF City Manager David Brandt reminded Council about the upcoming State of the Valley and noted that the February 17 Council meeting had been cancelled. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:09 a.m. on Wednesday, February 4, Mayor Sinks adjourned the meeting to March 3 at 4:30 p.m. for a Council Work Plan workshop followed by the regular meeting at 6:45 p.m., Cupertino Community Hall Council Chamber, 10350 Torre Avenue. Note: The February 17 meeting has been cancelled and the next regular meeting will be March 3. 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. City Council Minutes February 3, 2015 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.cul2ertino.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.