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CC 02-17-04CiTY OF CUPEP INO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 17, 2004 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLLCALL City Council members present: Mayor Sandra James, Vice-Mayor Patrick Kwok, and Council members Dolly Sandoval and Kris Wang. Council members absent: Richard Lowenthal. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Senior Planner Colin Jung, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. Mayor James reordered the agenda to conduct the Closed Session and Item No. 11 next. CLOSED SESSION 10.1 Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with representatives Dick Whitmore, David Knapp, Carol Atwood, Ralph Qualls, and Sandy Abe concerning labor negotiations with Operating Engineer's Local No. 3. At 6:49 p.m. Council recessed to a closed session. At 7:06 p.m. Council reconvened in the Council Chambers. The City Attorney announced that the Council had met with its representatives and agreed to approve the agreement with the operating engineers, but noted that this agreement does not resolve the issue of the complaint filed by the union with the Public Employees Relations Board (PERB) regarding alleged unfair labor practices. He said that the Council decided to authorize the settlement even though the union is still attempting to prosecute that complaint. He said the City now has an agreement with the union for this last year. February 17, 2004 Cupertino City Council Page 2 NEW BUSINESS 11. Adopt resolutions approving fiscal year 2003/04 terms and conditions of employment for the bargaining unit represented by Operating Engineers, Local Union 3 (OE3), and approving extended benefits for the City Employees' Association and unrepresented employees, Resolution Nos. 04-269, 04-271, 04-272, and 04-273. Kwok/Sandoval moved and seconded to adopt the following resolutions: Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. · Resolution 04-269, adopting an MOU between the City of Cupertino and Operating Engineers Local No. 3 (OE3) · Resolution No. 04-271, related to California Public Retirees Retirement System Social Security benefits; · Resolution No. 04-272, amending an MOU between the City of Cupertino and the City Employees' Association (CEA) · Resolution No. 04-273, amending resolution No. 00-185, Unrepresented Employees compensation program. CEREMONIAL MATTERS - PRESENTATIONS - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Kendra Mclntyre, resident of S. Stelling Road, spoke about the traffic problems created by the DeAnza College construction of a parking garage. She said that in December Dr. Jim Arnold offered a proposal regarding traffic, signage, and additional landscaping, but has not yet received a response. She said that DeAnza College is also working toward solving the traffic problem but so far has not been helpful, and she asked if the City would take the lead. She also asked that the residents be part of the monthly college meeting, or that a City representative take part in those meetings. Mayor James asked that staff report back on the feasibility of adding larger plants in the Stelling median, and whether the college would provide financial support. Sandoval suggested a staff member attend the monthly meetings to express the City's viewpoint and to learn first-hand what information the college has. February 17, 2004 Cupertino City Council Page 3 CONSENT CALENDAR Sandoval/Kwok moved and seconded to app~:ove the items on the Consent Calendar as recommended, with the exception of Item 4, which was pulled for discussion. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 1. Approve the minutes from the January 20, February 2, and 3 City Council meetings. Adopt resolutions accepting Accounts Payable for January 30 and February 6, Resolution Nos. 04-261 and 04-262. Adopt resolutions accepting Payroll for January 30 and February 13, Resolution Nos. 04- 263 and 04-264. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement with the Cupertino Union School District (CUSD) to provide for a temporary school pedestrian crossing guard at Collins School during construction related to the conversion of Collins School from an elementary to a middle school, and authorizing the City to receive funds from the CUSD for the crossing guard, Resolution No. 04-266. Accept municipal improvements (may include grading, street improvements, on site and off-site improvements). No documentation in packet: a) William Hurt, 21860 Alcazar Avenue, APN 357-14-036 b) Richard Joseph and Grace Perez, 10485 Byme Avenue, APN 357-12-040 c) Steven and Laura Patterson, 10106 Crescent Court, APN 326-17-029 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Adopt a resolution authorizing the City Manager to execute a Local Agency - State Agreement with the California Department of Transportation to receive Bicycle Transportation Account (BTA) grant funds for the Mary Avenue Bicycle Footbridge Project in the amount of $600,000.00, Resolution No. 04-265. Public Works Director Ralph Quails said that this action would fully fund the project. Sandoval/Wang moved and seconded to adopt Resolution No. 04-265. Vote: Ayes: James, Kwok, ,Sandoval, and Wang. Noes: None. Absent: Lowenthal. February 17, 2004 Cupert{no City Counc{1 Page PUBLIC HEARINGS Consider request to reconsider Application Nos. Z-2003-03, TM-2003-03, U-2003-05, EXC-2003-04, EA-2003-11, Ken Busch/Regis Homes, 21255 Stevens Creek Boulevard, APN(s): 326-27-035 (Oaks Shopping Center). (Applicant requests that this item be continued). Community Development Director Steve Piasecki said that because one of the City Council members was not present at this meeting, the applicant requests continuance to March 1. Mayor James said she would abstain because of a perceived conflict of interest. Ken Busch, representing the applicant, said they felt it would be most fair if the full Council were present to consider the request. E. J. Conens, a Cupertino resident, said he did not think a continuance should be allowed, and the applicant should submit a new plan if there is additional information or new designs. City Attorney explained that Council should first decide whether to allow the continuance; if not then the Cotmcil should next decide whether to reconsider the item. Discussion followed regarding the request for continuance, with Kwok and Wang expressing their opposition. Kwok/Sandoval moved and seconded to continue the item to March 1. Vote: Ayes: Kwok, Sandoval. Noes: Wang. Absent: Lowenthal. Abstaining: James. Kwok said that he voted in favor of the continuance because he wanted to make sure that nothing was overlooked in the original hearing, but he did not wish to see any new plans as part of the reconsideration. PLANNING APPLICATIONS - None UNFINISHED BUSINESS Adopt a resolution adopting a Donor Recognition Artifacts Policy and Procedure, Resolution No. 04-270. Sandoval/James moved and seconded to adopt Resolution No. 04-270 with the following amendments: Paragraph 1, Policy Guidelines shall read "Locating donor recognition artifacts on city property is limited to the authorized foundations of public school districts only (Foothill-DeAnza Community College District, Cupertino Union school district, and Fremont Union High School District)." Paragraph 4, Procedure, shall read "The city will make reasonable efforts to preserve any donor artifacts on city property." Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal February 17, 2004 Cupertino City Councll Page NEW BUSINESS (continued) Reorganization proceedings for territory designated as Monta Vista 02-07. (Continued from 2/2/04): a) Verify the number of protests b) Adopt a resolution making determinations and approving the reorganization for territory designated as Monta Vista 02-07, consisting of approximately 43.41 acres of developed and undeveloped, unincorporated property generally bounded by Stevens Creek Boulevard, Union Pacific Railroad tracks, McClellan Road and Blackberry Farm, commonly known as Monta Vista, and the detachment of the same territory that is within the Santa Clara County Lighting Service Area, Resolution No. 04-267 Senior Planner Colin Jtmg reviewed the staffreport and listed the findings that are included as a part of the resolution. The City Clerk distributed a written complaint from Susan Sievert claiming that the City had violated state and public hearing notice law. The complaint asked that the staff' recommendation be invalidated and the proceedings terminated. The City Clerk reported that protestors to the reorganization did not reach the necessary protest thresholds for registered voters or property owners to require an election on the issue. She said that a total of 108 valid protests were received. This constituted 23.2% of the 314 registered voters residing in the affected territory, and a minimum of 25% was required for an election. Also, 30.5% of the 298 property owners who own 20% of the total assessed land valuation had submitted protests, but a minimum of 25% of the landowners who own at least 25% of the assessed land valuation was required for an election. KwokFvVang moved and seconded to adopt a Negative Declaration. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. Kwok/Wang moved and seconded to adopt Resolution No. 04-267 making determinations and approving the reorganization. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal 10. Cupertino Civic Centers and Library Project: (a) Recommend the allocation of up to $350,000.00 in end of project contingency funds for upgrades and add-backs to the project scope of the Library/Civic Center Project February 17, 2004 Cupertino City Council Page 6 (b) Report on Library Furniture, Fixtures, and Equipment (FF&E) funding and allocation of funds in the amount of $439,248.00 for the Book Stack Shelving Contract and in the amount of $150,000.00 for Amendment No. 4 to the SMWM Design Agreement for a total allocation of funds $589,248.00 (c) Consider bid protest, review bids, waive minor irregularities in the bid documents, and award the Civic Center & Library Project~Book Stack Shelving Contract, Project No. 2003-05 to The Ross McDonald Company, Inc., the lowest responsive, responsible bidder, with the base bid amount of $418,440.00 plus Alternate No. 1 in the amount of $20,808.00 for a total of $439,248.00; and to incorporate the responses in the staff report of February 14 as findings. (d) Adopt a Resolution authorizing the City Manager to negotiate and execute Amendment No. 4 to the Design Agreement with SMWM Architects for Library FF&E design services in the amount of $125,000.00, and authorizing the Director of Public Works to approve up to $25,000.00 of additional services for a total authorization of $150,000.00, Resolution No. 04-268 Public Works Director Ralph Quails reviewed the staff report. Administrative Services Director Carol Atwood distributed a chart listing the total donations received to date of $354,450. Qualls explained that a portion of that was donated for public art, so the remaining $342,200 was available for furnishings and fixtures. He recommended that the City Council pay the $270,000 balance required out of the Solid Waste Fund, which would be paid back in two fiscal years, 2005 and 2006, with some funds that would have been the extra hours at the library. Nicol Lea, Coordinator of the Cupertino Library Foundation, said the foundation recently had been given $25,000 from Menlo Equities, $1,000 from Chester Wang, and $12,500 from Prometheus, and they are still working on other sponsorships. She said they have fundraisers planned and feel comfortable they can raise the $1.2 million. She asked that they not be requested to raise any money for the cost of donor plaques, design consultant fees or services, etc. Ralph Qualls said that the architectural fees of $3.6 million constitutes 15% of the project, which is not unusual, and it has been added in increments as things have changed, such as the addition of an aquarium. He said that as the donations are received by the city, the debt to the Solid Waste Fund would be reduced, so ihere may be no need to reduce library hours depending upon the amount of donations received. Barbara Rogers, Cupertino Library Foundation, said that anyone interested in making a donation could contact her at 408-252-8568, or send checks payable to the Cupertino Library Foundation to 19764 Auburn Drive, Cupertino, CA 95014. February 17, 2004 Cupertino City Council Page ? Sandoval/Kwok made the following motion. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. Approve the allocation of $250,000 from the end-of-project contingency for the three additional add-backs to the project, leaving an uncommitted balance of $475,000 in the end-of-project contingency. Approve the allocation of $589,248 from sources to be determined from the proceeds of the Library FF&E Fundraising Campaign and/or, if necessary, advanced from the Solid Waste Fund. Consider the bid protest, review bids, waive minor irregularities in the hid documents, and award the Civic Center & Library Project-Book Stack Shelving Contract, Project No. 2003-05 to The Ross McDonald Company, Inc., the lowest responsive, responsible bidder, with the base bid amount of $418,440.00 plus Alternate No. 1 in the amount of $20,808.00 for a total of $439,248.00; and to incorporate responses in the staff report of February 14 as findings. Adopt resolution No. 04-268 authorizing the City Manager to negotiate and execute Amendment No. 4 to the Design Agreement with SMWM Architects for Library FF&E design services in the amount of $125,000.00, and authorizing the Director of Public Works to approve up to $25,000.00 of additional services for a total authorization of $150,000.00. 12. Deny request for fee waivers from three organizations in the amount of $225.00 each to hang banners across Stevens Creek Boulevard. Kwok/Wang moved and seconded to deny the request for fee waivers. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 13. Accept a donation from the Langlois Unitrust in the amount of $17,153.25 for use at the Cupertino Senior Center. Parks and Recreation Director Therese Smith explained that the Senior Center plans to use the funds to purchase an espresso cart, and then the volunteers will run a coffee center. Sandoval/Kwok moved and seconded to accept the donation, and to invite the Langlois family to a "grand opening" of the coffee center made possible by their donation. Vote: Ayes: James, Kwok, Sandoval, and Wang. Noes: None. Absent: Lowenthal. ORDINANCES - None February 17, 2004 Cupertino City Council Page 8 STAFF REPORTS 14. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director Carol Atwood reported on revenues and expenditures through Jan 31. She said that revenues were $900,000 below prior year levels, on a cash flow basis and that expenditures are down $400,000 over last year. She said that both of those figures are consistent with the November report, and noted that the revenue mix has changed. She said the holiday sales helped the sales tax figures that are $300,000 year to date instead of the prior $125,000. Atwood said the rate of return on City investments is at an all-time low. She reported that the Economic Uncertainty reserves total $8.5 million, and the Capital Projects reserve has $500,000, which was money saved by switching to San Jose for animal control services. COUNCIL REPORTS Mayor James highlighted the various community events included the Cupertino Chamber of Commeme Asian-American Business luncheon to celebrate the Lunar New Year; a recent Council study session on economic development; a press conference honoring major donors for the library fund-raising campaign; the monthly mayor's meeting with city commission representatives, an upcoming reception for commissioners on February 25; and her participation on the recent oral board for Sheriff captains. ADJOURNMENT At 8:40 p.m. Council adjoumed to Monday, March 1 at 5:00 p.m. for a joint study session with the Planning Commission to consider recommendations from the General Plan Task Force. The study session will be held in the City Council Chambers, City Hall, 10300 Torre Avenue. Ki~CSerk For more information: 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 Intemet 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 from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.