CC 03-15-2016CUPERTINO
ROLL CALL
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, March 15, 2016
SPECIAL CITY COUNCIL MEETING
At 3:00 p.m. Mayor Barry Chang called the Special City Council meeting to order m
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
Council went into closed session and reconvened in open session at 4:30 p.m. in the Cupertino
Community Hall Council Chamber, 10350 Torre Avenue for a study session regarding the
2016/2017 Work Program.
CLOSED SESSION
1. Subject: Conference with Labor Negotiators pursuant to Government Code Section
54957.6. Agency designated representatives: Director of Administrative Services, City
Manager, Dania Torres Wong. Employee organizations: Operating Engineers Local No.
3 Union, Cupertino Employees' Association
Mayor Chang announced that Council gave direction to staff.
STUDY SESSION
2. Subject: Work Program study session
Recommended Action: Review the 2016/2017 Work Program
Written communications for this item included an amended page from the
Community Development portion.
City Manager David Brandt gave an overview of the City Manager's Office, Public
Affairs, Economic Development and Sustainability portions of the Work Program.
Staff answered questions from Council.
City Council Minutes March 15, 2016
Assistant City Manager Aarti Shrivastava highlighted the upcoming projects for
Community Development on the Work Program and answered questions from
Council.
Director of Public Works Timm Borden highlighted the Work Program for the Public
Works Department and answered questions from Council.
Director of Recreation and Community Services Carol Atwood highlighted the
projects for that department on the Work Program and answered questions from
Council.
Mr. Brandt highlighted the Administrative Services Department Work Program
portion and answered questions from Council.
Jennifer Griffin talked about acquiring the Lawrence Mitty property and working on
the Blacksmith Shop at McClellan Ranch.
Council concurred to continue the Study Session after the Regular Meeting.
ADJOURNMENT
At 6:30 p.m. Mayor Chang recessed the Special Meeting until after the Regular City Council
meeting to continue the Study Session. Council recessed from 6:30 p.m. to 6:50 p.m.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Barry Chang called the Regular City Council meeting to order in
Cupertino Community Hall Council Chambers, 10350 Torre A venue and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
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CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Present proclamation to the American Association of University Women
(AAUW) recognizing April 12, 2016 as Equal Pay Day in Cupertino
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to Kathy Reda on behalf of the American
Association of University Women (AAUW).
2. Subject: Present Association of Northern California Chinese Schools (ANCCS)
Certificates of Recognition to the 2016 Chinese New Year Poster Contest Monkey Year
Winners
Recommended Action: Present certificates
Joseph Ma, Director General for Taipei Economic and Cultural Office in San Francisco
said a few words.
Mayor Chang presented the certificates to the 2016 Chinese New Year Poster Contest
Monkey Year Winners.
3. Subject: Presentation of student transportation videos and monetary awards to second
place winners "Matted" Shuge Luo and Elaine Wang; and third place (tie) winners
"Small Town Geniuses" Rahul Ravi and Rishi Godugu, and "Reducing Traffic" Yeeling
Tse and Helen Jiang .
Recommended Action: View video presentation and present awards
Library Commissioner Jerry Liu introduced the second and third place (tie) winners
and a video montage of the three transportation videos was shown.
Mayor Chang presented the monetary awards to the winners.
4. Subject: Present proclamation to Christina Wu for being the California finalist in the
Doodle4Google Contest
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to Christina Wu.
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City Council Minutes March 15, 2016
5. Subject: Present proclamation to the American Red Cross of Silicon Valley recognizing
March 2016 as Red Cross Month
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to CEO Quinn H. Tran and Stuart Chessen
from the American Red Cross of Silicon Valley.
6. Subject: Present proclamation to the Tai Ji Men Qigong Academy in celebration of the
2016 Chinese New Year Gathering
Recommended Action: Present proclamation
Mayor Chang presented the proclamation to Mr. Tsai on behalf of Dr. Hong, Tao-Tze,
and Tai Ji Men Qigong Academy in San Jose.
POSTPONEMENTS
7. Subject: Continue Item No. 20 Approval of the Fiscal Year 2016-17 Fee Schedule to
April 5
Recommended Action: Continue this item to April 5
Wong moved and Sinks seconded to continue Item No. 20 regarding the approval of
the Fiscal Year 2016-17 Fee Schedule to April 5. The motion carried unanimously.
ORAL COMMUNICATIONS
Alysa Sakkas on behalf of Rolling Hills 4-H talked about Council review of the Cupertino
Municipal Code regarding beekeeping. She distributed written comments.
Ethan Chi on behalf of Rolling Hills 4-H talked about beekeeping.
Christopher Chapman on behalf of Rolling Hills 4-H talked about beekeeping.
Elena McPherson on behalf of Rolling Hills 4-H talked about beekeeping.
Korben Tompkin on behalf of Rolling Hills 4-H talked about beekeeping.
Gabriel Tompkin on behalf of Rolling Hills 4-H talked about beekeeping.
Adhithi Fernandes on behalf of Rolling Hills 4-H talked about beekeeping.
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Nathan Chi on behalf of Rolling Hills 4-H talked about beekeeping.
Isaac Tiscareno on behalf of Rolling Hills 4-H talked about beekeeping.
Samuel Tiscareno on behalf of Rolling Hills 4-H talked about beekeeping.
Ryan Chi on behalf of Rolling Hills 4-H talked about beekeeping.
Ken McKenzie on behalf of the Santa Clara Valley Bee Guild talked about beekeeping.
Kimberly Sandstrom talked about the West Valley Community Services Below Market Rate
(BMR) purchase program. She distributed written comments.
Liang Chao talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI).
Cathy Wang talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI).
Steven Scharf talked about bike safety issues and a way for residents to report issues.
Jon Willey talked about the Oaks development and negative comments addressed toward
him the last time he spoke at a Council meeting.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented
with the exception of item number 16 which was pulled for discussion. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
8. Subject: Approve the March 1 City Council minutes
Recommended Action: Approve the minutes
9. Subject: Accept Accounts Payable for the period ending January 29, 2016
Recommended Action: Adopt Resolution No. 16-020 accepting Accounts Payable for
the period ending January 29, 2016
10. Subject: Accept Accounts Payable for the period ending February 5, 2016
Recommended Action: Adopt Resolution No. 16-021 accepting Accounts Payable for
the period ending February 5, 2016
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11. Subject: Accept Accounts Payable for the period ending February 12, 2016
Recommended Action: Adopt Resolution No. 16-022 accepting Accounts Payable for
the period ending February 12, 2016
12. Subject: Accept Accounts Payable for the period ending February 19, 2016
Recommended Action: Adopt Resolution No. 16-023 accepting Accounts Payable for
the period ending February 19, 2016
13. Subject: Accept Accounts Payable for the period ending February 26, 2016
Recommended Action: Adopt Resolution No. 16-024 accepting Accounts Payable for
the period ending February 26, 2016
14. Subject: Approve the Second Amendment with The Regents of the University of
California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch
Preserve for the five year period ending August 31, 2019
Recommended Action: Authorize the City Manager to execute an amendment to the
lease agreement with The Regents of the University of California and the City of
Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve to include use of
Monta Vista Recreation Center and/or the Environmental Education Center for their
monthly meetings
15. Subject: Application for Alcoholic Beverage License for Doppio Zero Pizzeria, 10088
North Wolfe Road, Suite 120
Recommended Action: Recommend Approval to the Department of Alcoholic Beverage
Control of the Application for Alcoholic Beverage License for Doppio Zero Pizzeria,
10088 North Wolfe Road, Suite 120
16. Subject: Approval of two separate Master Agreements between the City of Cupertino
and the Gilbane Building Company and between the City of Cupertino and CSG
Consultants, Inc. to provide construction management services on various Capital
Improvement Projects
Recommended Action: 1) Authorize the City Manager to execute a Master Agreement
between the City of Cupertino and the Gilbane Building Company in the amount not to
exceed $800,000 for a term of approximately two years; and 2) Authorize the City
Manager to execute a Master Agreement between the City of Cupertino and CSG
Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately two
years
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City Council Minutes March 15, 2016
Written communications for this item included a desk item from staff regarding
consultant tentative project assignments.
Director of Public Works Timm Borden answered questions from Council.
Wong moved and Sinks seconded to 1) Authorize the City Manager to execute a Master
Agreement between the City of Cupertino and the Gilbane Building Company in the
amount not to exceed $800,000 for a term of approximately two years; and 2) Authorize
the City Manager to execute a Master Agreement between the City of Cupertino and
CSG Consultants, Inc. in the amount not to exceed $800,000 for a term of approximately
two years. The motion carried unanimously.
17. Subject: Authority to award construction contract for Cupertino Sports Center (CSC)
East Courts Resurfacing Project, No. 2015-04
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.
18. Subject: Agreement between the City of Cupertino and Pavement Engineering, Inc. for
consultant services on various street improvement projects
Recommended Action: Approve an Agreement between the City of Cupertino and
Pavement Engineering, Inc. (PEI) in the amount not to exceed $325,000 from the date of
execution through June 30, 2017, and authorize the Director of Public Works to
negotiate and execute all necessary documents to carry out all consultant services for
the various street improvement projects
Written Communications for this item included an amended staff report.
19. Subject: Mitigation Fee Act -Annual & Five-Year Report.
Recommended Action: 1.) Accept the Five Year and Annual Review of the City of
Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and 2.
Adopt Resolution No.16-026 Approving the Five-Year and Annual Development
Impact Fee Reports and Making Required Findings
Written communications for this item included an amended Attachment A.
SECOND READING OF ORDINANCES -None
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PUBLIC HEARINGS
20. Subject: Approval of the Fiscal Year 2016-17 Fee Schedule (continued from March 1)
will be continued to April 5
Recommended Action: Under Postponements this item will be continued to April 5
Under Postponements, this item was continued to April 5.
ORDINANCES AND ACTION ITEMS
21. Subject: Municipal Code Amendment to repeal Chapter 14.15 of the Cupertino
Municipal Code entitled "Landscaping Ordinance" and replace it with a new Chapter
14.15 entitled "Landscape Ordinance" in order to improve readability and to comply
with state-mandated updates to the Model Water-Efficient Landscape Ordinance as
directed by Governor Brown's Executive Order B-29-15; Application No.(s):MCA-2015-
02; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the first reading of Ordinance No. 16-2142: "An
Ordinance of the City Council of the City of Cupertino to repeal Chapter 14.15 of the
Cupertino Municipal Code entitled "Landscaping Ordinance" and replace it with a new
Chapter 14.15 entitled "Landscape Ordinance" in order to improve readability and to
comply with state-mandated updates to the Model Water-Efficient Landscape
Ordinance"
Written communications for this item included a staff PowerPoint presentation and
ordi_nance language amendments.
Assistant Planner Ellen Yau reviewed the staff report via a PowerPoint presentation.
City Clerk Grace Schmidt read the title of the ordinance.
Jennifer Griffin spoke on this item.
Wong moved and Paul seconded to read Ordinance No. 16-2142 by title only and that
the City Clerk's reading would constitute the first reading thereof. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
The following amendments will come back for the second reading:
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City Council Minutes March 15, 2016
• Table 14.15.060 (c): originally read "dedicated landscape water meter required for a) all
non-residential irrigated landscapes of 1,000 s.f. -5,000 s.£" and should now read
"dedicated landscape water meter required for a) all non-residential irrigated ·
landscapes of~ 1,000 s.f"
• Section 14.15.020 (a) (2): originally was not in ordinance but added language to say
"projects with landscape areas less than 2,500 square feet using graywater or on-site
rainwater capture to entirely meet the landscape water requirement (estimated total
water use) of the lot is subject only to the irrigation system requirements in the
prescriptive compliance option (appendix a). The original #2 was pushed to #3 because
of this insert.
• Section 14.15.040 (b) and (c) removed language "(appendix d) completed by a certified
professional" because it was an incorrect reference
• Section 14.15.040 (f) and (g) and 14.15.050 (g), (h) and (i) were referencing wrong
sections; references were corrected
• Table 14.15.060 (a) was reverted to the original formatting in the existing Ch. 14.15
22. Subject: Accept resignation of Housing Commissioner Krista Wilson and consider
options for filling the unscheduled vacancy.
Recommended Action: Accept resignation of Housing Commissioner Krista Wilson
and direct staff to fill the unscheduled vacancy by one of the following options: a.)
Appoint from the existing list of applicants that were interviewed in January
(Attachment A); or b.) Hold a special recruitment and set an application deadline of
4:30 p.m. on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at
5:30 p.m.
City Clerk Grace Schmidt reviewed the staff report.
Wong moved and Sinks seconded to accept the resignation of Housing Commissioner
Krista Wilson and appoint Sue Bose to a full term ending January 2020. The motion
carried unanimously.
REPORTS BY COUNCIL AND STAFF
23 . Subject: Construction Project Updates
Recommended Action: Receive Updates
Written communications for this item included a staff PowerPoint presentation.
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City Council Minutes March 15, 2016
Director of Public Works Timm Borden reviewed the construction projects update via a
PowerPoint presentation.
Council received the updates and asked staff to follow up on the following:
• The trees to be replaced at the Wolfe Road to southbound 280 ramp and whether
it is public or private property
• Follow up with complaints about PG&E construction on Wolfe and Stevens
Creek Boulevard running outside of hours permitted in their traffic control plan
and causing rush hour congestion.
• PG&E trench repair at Byrne and McClellan Rd leading to Lincoln and Monta
Vista is very rough for bikes -put update in Items
24. 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.
Council members briefly discussed Oral Communications on Council agendas.
Jennifer Griffin spoke regarding the discussion of Oral Communications.
Two Council members concurred to add discussion of Oral Communications to the
next Council agenda.
ADJOURNMENT
At 9:14 p.m., Mayor Chang adjourned the Regular Meeting and reconvened the Special
Meeting to continue discussing Item No . 2 regarding the 2016/2017 Work Program.
STUDY SESSION -Continued
2. Subject: Work Program study session
Recommended Action: Review the 2016/2017 Work Program
Council reviewed the 2016/2017 Work Program, gave the following direction and asked
for more information on the following:
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• Audit City's telecommunications expenditures to reduce them as much as
possible
• Have staff look into additional building code software (that can do preliminary
plan checks to meet building code) for future possibilities
• Include information regarding small business development when Economic
Strategic Plan comes back to Council
• Incorporate information regarding residents rights to solar installation with
material already being provided
• Discuss finding a system for capturing emails for Public Records Act requests
with new Chief Technology Officer (CTO)
• Put update on Parks Master Plan in weekly Items including timeline and also
add additional information to webpage
• Identify location for a regulation cricket pitch and batting cage
• Ask Teen Commission to look into ideas for how to communicate better with
residents including social media and find out what other cities are doing
• Bring back discussion in November regarding idea of paving part of Library
field
• Add to work program update of bee ordinance
ADJOURNMENT
At 9:33 p.m., Mayor Chang adjourned the Special Meeting.
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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