CC 07-07-2015 CUPERTINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday,July 7, 2015
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 3:00 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.
At 3:00 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.
CLOSED SESSION
1. 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 and gave direction to staff.
No action was taken..
2. 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 and gave direction to staff.
No action was taken.
3. 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 and gave direction to staff.
No action was taken.
City Council Minutes July 7, 2015
4. Subject: Conference with Real Property Negotiators (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
Mayor Sinks announced that Council obtained a briefing and gave direction to staff.
No action was taken.
5. Subject: Conference with Legal Counsel-Existing Litigation pursuant to paragraph (1)
of subdivision (d) of Gov't code Section 54956.9). Name of Case: City of Saratoga; City
of Cupertino; Town of Los Gatos v. California Department of Transportation, et al.,
Case No. 115CV281214
Mayor Sinks announced that Council obtained a briefing from outside counsel and
staff and gave direction. No action was taken.
6. Subject: Public Employment (Govt Code Section 54957) -Title: City Attorney
Mayor Sinks announced that Council obtained a briefing from the recruiter and gave
direction.
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
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1. Subject: Present proclamations celebrating participants of the City's Green Business
Challenge
Recommended Action: Present proclamations
Mayor Sinks presented the proclamations to the City's Green Businesses.
POSTPONEMENTS -None
ORAL COMMUNICATIONS
Capt. Rick Sung from the Sheriff's office introduced Lt. Robert Durr at the West Valley
Station.
Annie Ho, Chair of the Cupertino Library Commission talked about the latest news from the
Cupertino Library. She distributed her PowerPoint slides.
Rob Chansler from the San Francisco Shakespeare Festival invited everyone to attend Free
Shakespeare in the Park at Memorial Park beginning on July 18.
Gayathri Kanth, Cupertino Librarian, Gayathri Dandu, Teen Advisory Board member, and
Nancy Howe, Director of the-Santa Clara County Library District and member of the Urban
Libraries Council talked about programs for teens at the Cupertino Library.
Cathy Helgerson talked about issues with pollution from the Lehigh Cement Plant.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 4, 6, and 8 which were pulled.for discussion.
Ayes: Sinks, Chang, Paul, Vaidhyanathan, and Wong. Noes: None. Abstain: None. Absent:
None.
2. Subject: Approve the June 16 City Council minutes
Recommended Action: Approve the minutes
3. Subject: SB 321 (Beall)
Recommended Action: Adopt the Legislative Committee position of support on State
Bill 321 (Beall)
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4. Subject: Amendment to the- professional services contract with -4Leaf, Inc., for
inspection services for the Apple Campus 2 project
Recommended Action: 1. Approve Amendment #1 and Scope of Services and
Compensation for the Apple-Campus 2 project inspection services and; 2. Authorize
the City Manager to execute Amendment #1 with 4 Leaf, Inc., adding $933,712 to the
original contract of$9,431,390, for a total amount not to exceed $10,365,102
Mayor Sinks recused himself and stepped down from the dais. Vice Mayor Chang took
over as Chair.
Cathy Helgerson spoke on this item.
Staff answered questions from Council.
Wong moved and Vaidhyanathan seconded to approve Amendment #1 and Scope of
- Services and Compensation for the Apple Campus 2 project inspection services and; 2.
Authorize the City Manager to execute Amendment #1 with 4 Leaf, Inc., adding
$933,712 to the original contract of $9,431,390, for a total amount not to exceed
$10,365,102. The motion carried with Sinks recusing.
Mayor Sinks returned to the dais.
5. Subject: Application for Alcoholic Beverage License for The Counter, 20080 Stevens
Creek Boulevard, Suite 100
Recommended Action: Recommend approval of the Alcoholic Beverage License to the
California Department of Alcoholic Beverage Control for The Counter, 20080 Stevens
Creek Boulevard, Suite 100
6. - Subject: 2015 Contractual Crossing Guard Services (rebid) - Project No. 2015-25,
authority to award contract
Recommended Action: Staff recommends Council adopt Resolution 15-058 to take the
following actions: 1. Authorize the City Manager to negotiate and execute a crossing
guard services contract to include a 25% contingency if the lowest responsive'bid is
within the established budget and there are no unresolved bid protests; and 2.
Authorize the City Manager to negotiate and execute an agreement with Cupertino
Unified School District and/or Fremont Union Unified School District seeking partial or
full reimbursement of additional crossing guard services if it is determined that
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expenses should be shared; .and Amend approved FY 15/16 Operating Budget by an
additional amount-of$60,000 for crossing guard services
Staff answered questions from Council and noted to remove the typo "Unified" from
the resolution wording to read "Cupertino Union School District and/or Fremont
Union High School District." Staff will give information to Council in Items of Interest
regarding the 12 existing locations and any "new locations determined after the
engineering study is complete.
Wong moved and Chang seconded to authorize the City Manager to negotiate and
execute a crossing guard services contract-to include a 25% contingency if the lowest
responsive bid is within the. established budget and there are no unresolved bid
protests; and 2. Authorize the City Manager to negotiate and execute an-agreement
with Cupertino Union School District and/or Fremont Union School District seeking
partial or full reimbursement of additional crossing guard services if it is determined
that expenses should be shared; and Amend approved FY 15/16 Operating Budget by
an additional amount of $60,000 for crossing guard services. The motion carried
unanimously.
7. Subject: Approve the Grant of Easement to PG&E for existing and proposed PG&E
facilities
Recommended Action: 1. Make a finding that the proposed Grant of Easement for
existing and proposed PG&E facilities is exempt from CEQA review pursuant to 14
Cal.Code Regs Sections 15301, 15303(d) and 15061(b)(3); and 2. Adopt Resolution No.
15-059 granting an easement to PG&E
8. Subject: 2015 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2015-26
Recommended Action: Authorize the City Manager to award a contract to J.J.R.
Construction, Inc., in the amount of $664,156.75 and approve a construction-
contingency of$66,400, for a total of$730,556.75
Cathy Helgerson and Michael McNutt spoke on this item.
Staff answered questions from Council.
Wong moved and Chang seconded to authorize the City Manager to award a contract
to J.J.R. Construction, Inc., in. the amount of $664,156.75 and approve a construction
contingency of$66,400, for a total of$730,556.75. The motion carried unanimously.
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9. Subject: Authority to award construction contract ,for Sports Center-West Court
Renovations and Improvements, Project No. 2012-9151
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
10. Subject: Authority to award construction contract McClellan Ranch Pedestrian,
Parking, Landscape Improvement, Project-No. 2015-01
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 15% of the construction contract amount to address
unforeseen conditions discovered during construction
SECOND READING OF ORDINANCES -None
PUBLIC HEARINGS
11. Subject: Civic Center Master Plan
Recommended Action: Staff recommends that the City Council take the following
actions: a. Receive the presentation of the Civic Center Master Plan; and then b.
Consider the Initial Study/Mitigated Negative Declaration and adopt the Mitigated
Negative Declaration; and then c. Adopt Resolution No. 15-060 approving the Civic
Center Master Plan; and d. Provide direction to staff on next steps toward
implementation of the Civic Center.Master Plan
Written communications for this item included emails to Council, a document
regarding designing for seismic resilience, and staff PowerPoint presentations.
Director of Public Works Timm Borden reviewed the staff report and introduced the
item via a PowerPoint presentation.
Demetri Loukas, Project Manager with David J. Powers and Associates continued the
presentation and talked about the environmental analysis review.
Geeti Silwal, Associate Principal from Perkins + Will continued the presentation and
talked about the Master Plan details.
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Gerry Tierney, Associate Principal from Perkins + Will, Leo Panian, Principal from
Tipping Mar, and Marco Alves, Senior Associate from PAE Engineers continued the
presentation and talked about the,existing City Hall assessment.
Ms. Silwal continued the presentation on the Master Plan.
Staff and consultants (including Gordon Beveridge, Principal from TBD Consultants)
answered questions from Council.
Mayor Sinks opened the public hearing and the following individuals spoke:
Jim Oberhofer, Emergency Coordinator for CARES (Cupertino Amateur Radio
Emergency Service)
Rochelle Gutmann
Cathy Helgerson
Jerry Liu
Frank Geefay
Jill Halloran
Jennifer Griffin
Ann Stevenson on behalf of the Cupertino Library Commission
Fred Gutmann
Myrna Ehrlich
Darrel Lum
Mayor Sinks closed the public hearing.
Staff answered questions from Council and Council deliberated.
a. Council received the presentation of the Civic Center Master Plan.
b. Wong moved and Sinks seconded to consider the Initial Study/Mitigated Negative
Declaration and adopted a Mitigated Negative Declaration. The motion carried with
Chang and Paul voting no.
c. Wong moved and Sinks seconded to adopt Resolution No. 15-060 approving the
Civic Center,Master Plan Option D — A new City Hall building at 40,000 gross square
feet, 118-space underground parking; a library expansion including option 4 "perch"
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addition, and no additional surface parking at Library field. The motion carried with
Chang and Paul voting no.
d. Council provided the following direction to, staff on next steps toward
implementation of the Civic Center Master Plan: Bring back a Conceptual Plan by late
November/early December, 2015 and tighten the numbers overall on site
improvements; construction will occur in a single phase and temporary parking and
staging is okay at Library field during construction.
Council recessed from 11:39 p.m. to 11:50 p.m.
ORDINANCES AND ACTION ITEMS
12. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add
Chapter 2.94 establishing the Sustainability Commission, amendment to the FY 15/16-
Operating Budget for funds to cover Commission expenses and authorization of the
appropriation of those funds
Recommended Action:
a. Conduct the first. reading of Ordinance No. 15-2132: "An Ordinance of the City of
Cupertino amending Title 2 of the Cupertino Municipal Code to Add Chapter 2.94
establishing the Sustainability Commission;" and
b. Amend the Approved FY 15/16 Operating Budget by $7,500 to cover Sustainability
Commission expenses and authorize appropriation of those funds.
Written communications for this item included a staff PowerPoint presentation.
Assistant to the City Manager Erin Cooke reviewed the staff report via a PowerPoint
presentation.
Staff answered questions from Council.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
a. Paul moved and Wong seconded to read Ordinance No. 15-2132 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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b. Paul moved and Chang seconded to amend the Approved FY 15/16 Operating
Budget by $7,500 to cover Sustainability Commission expenses and authorize
appropriation of those funds. The motion carried unanimously.
Council agreed to recruit and make appointments in January along with the annual .
commission vacancies.
13. Subject: Response to Call for Projects for Valley Transportation Plan 2040 (VTP 2040)
Recommended Action: Staff recommends that Council take the following actions:
1) Receive staff presentation; and 2) Adopt Resolution No. 15-061 supporting the
inclusion of a study of long-term mass transit solutions along the Highway 85 Corridor
and the design and construction,of near-term solutions; and 3) Provide direction on
any additional transportation projects to submit for inclusion in the Santa Clara Valley
Transportation Authority's (VTA) Valley Transportation P1an.2040
Written communications for this item included an amended resolution and Exhibit A,
and a staff PowerPoint presentation.
Staff answered questions from Council.
Jennifer Griffin spoke on this item.
Council received the presentation and deliberated.
Wong moved, and Vaidhyanathan- seconded to adopt Resolution No. 15-061 as
amended supporting the inclusion of a study of long-term mass transit solutions along
the Highway 85 Corridor and the design and construction of near-term.solutions, and
amended exhibit A as follows: removed language "Highway 85 Corridor" from the
Proposed Project Name/Title and bullet no. 4 of the Proposed Project Description;
increased the Project Cost to estimated $800 million; gave the Mayor authority to
negotiate proposal language with other cities on behalf of the Council and report back
at a regular Council meeting; directed staff to agendize approval of the final proposal
at the August 18 Council meeting.
Council also provided direction on any additional transportation projects to submit for
inclusion in the Santa Clara Valley Transportation Authority's (VTA) Valley
Transportation Plan 2040 and directed staff to explore a Cupertino specific VTP
proposal for community shuttle service for seniors and students by the end of August.
The motion carried unanimously.
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REPORTS BY COUNCIL AND STAFF
14. Subject: Santa Clara County Creeks Coalition request for partnership on fish migration
improvements along Stevens Creek
Recommended Action: Discuss City participation in a public-private partnership to
improve Steelhead fish passage on Stevens Creek and provide direction to staff
Assistant to the City Manager Jaqui Guzman reviewed the staff report.
Staff answered questions from Council.
Wong moved and Sinks seconded to authorize the Mayor to send a letter to the Santa
Clara Valley Water District encouraging them and the City Council of Mountain View
to commit funding for the Moffett Boulevard fish passage project and to revisit the
item at a future Council meeting for funding consideration. The motion .carried
unanimously.
.15. Subject: Present Construction Project Update Report
Recommended Action: Receive Construction Update Report
Written communications for this item included a staff PowerPoint presentation.
Council did not hear this item.
16. 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.
ADJOURNMENT
At 12:57 a.m. on Wednesday, July 8, Mayor Sinks adjourned the meeting to August 4. Note:
The July 21 meeting has been cancelled.
{
Grace Schmidt, City Clerk
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City Council Minutes July 7, 2015 .
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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