CC 06-16-2015 CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday,June 16, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 5:35 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.
At 5:35 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. .
CLOSED SESSION
1. Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure
to litigation pursuant to.paragraph (2) of subdivision (d) of Gov't Code Section
54956.9. One case
Mayor Sinks announced that Council obtained a briefing by outside counsel and
staff and gave direction. No other action was taken.
2. Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of
litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9.
One case
Mayor Sinks announced that Council obtained a briefing by outside counsel and
staff and gave direction. No other action was taken.,
3. Subject: Conference with Real Property Negotiators pursuant to Gov't Code Section
54956.8. Property: Cupertino Municipal Water System. Agency negotiator: Timm
Borden. Negotiating parties: City of Cupertino and San Jose Water Company. Under
negotiation: Terms for City Leased Asset
City Council Minutes June 16, 2015
Mayor Sinks announced that Council obtained a briefing by outside counsel and
staff and gave direction. No other action was taken.
ADJOURNMENT
At 6:35 p.m. Mayor Sinks adjourned the Special City Council meeting to the Regular City
Council meeting beginning at 6:45 p.m.
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 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 PRESENTATION
J Mayor Sinks reordered the agenda to take up item number two first.
2. Subject: Presentation by Hsinchu Sister City Committee regarding recent trip
Recommended Action: Receive presentation
Angela Chen, Vice President of the Cupertino Hsinchu Sister City Association
introduced the teacher chaperone and student representative who are both from
Kennedy Middle School. They showed a video presentation of their recent trip and
talked about their experience. Members of the Association presented a gift of glass
art meaning "global friendship" to the City Council members from Hsinchu.
Council received the presentation and gift.
Mayor Sinks continued with Postponements and Oral Communications.
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POSTPONEMENTS
3. Subject: General Plan and Housing Element Update fee that was originally noticed
for June 2 and continued for tonight's agenda will be re-noticed to a future date
Recommended Action: No formal Council action needed
City Clerk Grace Schmidt noted the postponement for the record. No Council action
was required.
ORAL COMMUNICATIONS
Richard McMurtry, Program Coordinator from Santa Clara County Creeks Coalition
talked about exploring a partnership with the City and the Coalition to improve fish
migration in the lower water shed. He distributed written comments.
Randy Shingai talked about A/P payments the City made to David J. Powers and
Associates for the Civic Center initial environmental study.
Cathy Helgerson speaking on behalf of Citizens Against Pollution (CAP) talked about the
City needing to do more for pollution prevention from Lehigh. She distributed written
comments.
Peggy Griffin talked about the need for a redline version of the 2005 General Plan rather
than a comparison table and rescinding Resolution No. 14-211.
Lisa Warren also talked about the General Plan changes.
John Bartas speaking on behalf of Bay Area for a Clean Environment (BALE) showed a U-
Tube video from April 6, 2015 showing smoke coming from the stack of the Lehigh Cement
plant.
Mayor Sinks reordered the agenda to continue with Ceremonial Matters and Presentations.
CEREMONIAL MATTERS AND PRESENTATION
1. Subject: a. Presentation to winners of the "Find the AED Contest" sponsored by
Santa Clara County Fire Department in collaboration with the City of Cupertino, El
Camino Hospital, and The PulsePoint Foundation; and
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b. Proclamation to Walter Huber who responded to the PulsePoint alert and saved_a
life
Recommended Action: Make presentation and present proclamation
Council viewed a video presentation and Mayor Sinks presented the proclamation.
to Mr. Huber.
Santa Clara County Fire Chief Kehnma joined Mayor Sinks M` presenting prizes to
the winners of the "Find the AED Contest."
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent
Calendar as presented with the exception of item number 10 which was pulled for
discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain:
None. Absent: None.
4. Subject: Approve the May 26 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the June 2 City Council minutes
Recommended Action: Approve the minutes.
6. Subject: Resignation of Teen Commissioner Michaela Murphy and .appointment
from pool of applicants interviewed May 26 to fill the vacancy
Recommended Action: Accept resignation of Teen Commissioner Michaela Murphy
and appoint designated alternate member Pranav Jandhyala to fill partial one-year
term vacancy ending June 2016
7. Subject: Accept Accounts Payable for the period ending May 22, 2015
Recommended Action: Adopt Resolution No. 15-051 accepting Accounts Payable
for the period ending May 22, 2015
S. Subject: Accept Accounts Payable for the period ending May 29, 2015
Recommended Action: Adopt Resolution No. 15-052 accepting Accounts Payable
for the period ending May 29, 2015
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9. Subject: Accept Accounts Payable for the period ending June 5, 2015
Recommended Action: Adopt Resolution No. 15-053 accepting Accounts Payable
for the period ending June 5, 2015
10. Subject: Approval of consultant services for environmental review for a Specific
Plan and project in the Vallco Shopping District Planning Area.
Recommended Action: Staff recommends that the City Council approve the
following:
1. Authorize the City Manager to negotiate and execute a consultant agreement
with David J. Powers and Associates, Inc. to provide services to the City that will
result in the preparation of an Environmental Impact Reports (EIR) for the
Council's consideration,for an amount not to exceed $754,305 (Attachment A)
2. Authorize the City Manager to approve Contract Change Orders (CCO) for Item
1 above to the extent that total expenditures do not exceed the total amount of the
project budget
Written communications for this item included emails to Council.
Assistant City Manager Aarti Shrivastava reviewed the staff report.
Staff answered questions from Council.
The following individuals-spoke on this item.
Phyllis Dickstein
Randy Shingai
Cathy Helgerson on behalf of CAP (distributed written comments)
Peggy Griffin
Xiaowen Wang (distributed written comments)
Yanping Zhao
Jon Willey (distributed written comments)
Wenguang Wang'(distributed written comments)
Staff answered questions from Council and Council deliberated.
Wong moved and Sinks seconded to 1. Authorize the City Manager to negotiate
and execute a consultant agreement with David J. Powers and Associates, Inc. to
provide services to the City that will result in the preparation of an Environmental
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Impact Reports (EIR) for the Council's consideration, for an amount not to exceed
$754,305 (Attachment A)
2. Authorize the City Manager to approve Contract Change Orders (CCO) for Item
1 above to the extent that total expenditures do not exceed the total amount of the
project budget. The motion carried with Chang and Paul voting no.
11. Subject: Application for Alcoholic Beverage License for Cypress Hotel & Park Place
Restaurant&Bar, 10050 S De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to
the California Department of Alcoholic Beverage Control for Cypress Hotel & Park
Place Restaurant&Bar, 10050 S De Anza Boulevard
12. Subject: Application for Alcoholic Beverage License for Apple Green-Bistro, 10885
N Wolfe Road
Recommended Action: Application for Alcoholic Beverage License for Apple Green
Bistro, 10885 N Wolfe Road
13. Subject: Contractual Janitorial Services, Project No. 2015-23.
Recommended Action:
1. Award contract for Janitorial Services, Project No. 2015-23, to IMPEC Group, Inc.
in the amount of$592,308.76;
2. Authorize the City Manager to negotiate and execute an agreement with the
County of Santa Clara to reimburse City for annual costs of $22,422.40 for
additional janitorial services at the Library; and
3. Adopt Resolution No. 15-054 amending approved FY 15/16 Operating Budget by
an additional amount of$181,000 for janitorial services -
14. Subject: Approve a semi-rural designation eliminating the requirement for
sidewalks on Tulita Court
Recommended Action: Adopt Resolution No. 15-055 designating Tulia Court as
semi-rural.
15. Subject: 2015 Pavement Maintenance Project-Phase 2, Project No. 2015-24
Recommended Action: Authorize the City Manager to award a contract to VSS
International, Inc., in the amount of $714,000 and. approve a construction
contingency of$71,400, for a total of$785,400
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15a. Subject: Execute the First Amendment to the Agreement between City of Cupertino
and Professional Turf Management, Inc. for Blackberry Farm Golf Course
Maintenance
Recommended Action: Authorize the City Manager to execute the First
Amendment to the Agreement between City of Cupertino and Professional Turf
Management, Inc. for Blackberry Farm Golf Course Maintenance
SECOND READING OF ORDINANCES
16. Subject: An ordinance amending Chapter 15.32 related to water conservation;
adoption of a resolution with 2015-2016 regulations restricting water use; and
adoption of a resolution amending FY 15/16 Operating Budget and authorizing
execution of a Memorandum of Understanding (MOU). with the District for a
landscape conversion rebate program
Recommended Action:
1. Conduct the second reading and enact Ordinance No. 15-2131: "An Ordinance of
the City of Cupertino amending Chapter 15.32 of Title 15 of the Cupertino
Municipal Code relating to water conservation, prohibited uses of water, and
regulations for water conservation;"
2. Adopt Resolution No. 15-056 with 2015-2016 regulations restricting water use;
and
3. Adopt Resolution No. 15-057 amending approved- FY 15/16 Operating Budget
and authorizing the City Manager to execute a Memorandum of Understanding
(MOU) with the District in an amount up to $75,000 for a landscape conversion
rebate program
Written communications included an amended draft resolution and a staff
PowerPoint presentation.
Director of Public Works Timm Borden and Assistant Director of Public Works
Roger Lee reviewed the staff report via a PowerPoint presentation.
City Clerk Grace Schmidt read the-title of the ordinance.
Paul moved and Wong seconded to read Ordinance No. 15-2131 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.
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Paul moved and Chang seconded to"enact Ordinance No. 15-2131 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 Chang seconded to adopt Resolution No. 15-056 with 2015-2016
regulations restricting water use. The motion carried unanimously.
Wong moved and Chang seconded to adopt Resolution No. 15-057 amending
approved FY 15/16 Operating Budget and authorizing the City Manager to execute
a Memorandum of Understanding (MOU) with the District in an amount up to
$75,000 for a landscape conversion rebate program. The motion carried
unanimously.
PUBLIC HEARINGS
17. Subject: General Plan and Housing Element Update fee that was originally noticed
for June 2 and continued for tonight's agenda will be re-noticed to a future date
Recommended Action: No formal Council action needed
Written communications for this item included emails to Council.
Under postponements, City Clerk Grace Schmidt noted that this item will be re-
noticed to a future date. No Council action was required.
ORDINANCES AND ACTION ITEMS
18. Subject: Designation of voting delegate and alternates for League of California
Cities Annual Conference, September 30 -October 2, San Jose
Recommended Action: Designate a voting delegate and up to two alternates
Sinks moved and Paul seconded to designate Council member Wong as the voting
delegate and Mayor Sinks as alternate for the League of California Cities,Annual
Conference, September 30 - October 2, San Jose. The motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
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City Manager David Brandt noted that there will be a special Council study session
on June 30 beginning at 6:45 p.m. on the policy for authorizing the processing of
GPA applications. An informal public open house will take place at 5:OO.p.m. before
the meeting in Community Hall.
Council .members highlighted the activities of their committees and various
community events.
Vice Mayor Chang and Council member Paul agreed to agendize-for July 7 a
discussion of a City partnership with the Santa Clara County Creeks Coalition to
improve steelhead fish passage in Stevens Creek.
ADJOURNMENT
At 9:15 p.m., Mayor Sinks adjourned the meeting to a Special Meeting on June 30
beginning at 6:45 p.m. regarding a study session on the policy for authorizing the
processing of GPA applications, Cupertino Council Chamber, 10350 Torre Avenue.
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.
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