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03. Draft minutesCUPERTINO DRAFT 1bIINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Sept~zmber 15, 2009 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the r~:,gulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, .and Council members Dolly Sandoval, Mazk Santoro, and Gilbert Wong. Absent: Vice-Mayor Kris Wang. CLOSED SESSION -None CEREMONLAL MATTERS - PRESENTATIONS 1. Presentation from Polly Bove, Superintendent of the Fremont Union High School District regarding an u to on the District. (No documentation in packet). Ms. Bove gave a PowerPoint presentation on the status of the District and highlighted the following: the District is the third highest performing high school district in the State; all five high schools were named as distinguished schools; District schools were counted in the top 6% in Newsweek, and three were named in the top 500 high schools in the United States in US News and World Report; the; schools have won science and math awards; the Future Business Leaders of America {FBLA) were acknowledged at the State Legislature; The District has an adult and communit3~ education program serving 38,000 adults in 23 locations in all five high schools; District funding is below the State-wide average at $9,255 per pupil per year with the main revenue source being property tax; average teacher salary is $72,000; Have a good collaborative relationship with employee groups; bond activities are being used for solar installations, technology, track & field, science labs, infrastructure {bonds may not be u::ed for operational expenses); Board of Trustees decided to renew the parcel tax as Measure G on the Nov. ballot. Mayor Mahoney recognized the new Teen Commissioners appointed this year and presented Certificates of Appointment to each. POSTPONEMENTS -none 3-1 September 15, 2009 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items: • Staff report for Item No. 5 giving an overview of the Mary Ave. Bridge project status • Amended staff report and additional information for Item No. 6, including the signed petition for asemi-rural designation on Santa Lucia Rd., petition instructions, and a letter from John Kolski opposing the petition ORAL COMMUNICATIONS Brandon Harris talked about methamphetamine addiction. He asked Council for its help to create an Anti-Methamphetamine Coalition in order to apply fora $100,000 grant in the County. Mayor Mahoney asked Mr. Harris to email him to begin a dialogue. Assistant Scout Master James Mac Hale introduced members of Scoutmaster Troop 453, 408, and 452. He said that one of the merit badges is Citizenship in the Community which requires the members to participate in a City Council meeting, identify an issue where there was two sides to an issue, and interview a Council member about the issue. CONSENT CALENDAR Wong moved and Sandoval seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5 and 6, which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, and Wong. Noes: None. Abstain: None. Absent: Wang. 2. Approve the minutes from the September 1 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for August 21, 28, and September 4, Resolution Nos. 09-141 through 09-143. 4. Adopt a resolution accepting Payroll for September 4, Resolution No. 09-144. 7. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Mandeep Singh, 21075 Gardena Drive, APN 326-08-077, Resolution No. 09-146. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Bleskom LLC,102 i 5 and 10185 Empire Avenue, APN 326-22-041 and APN 326-22-042, Resolution No. 09-147. The property owners of these residential developments agree to grant to the City the right to extract water from the basin under the overlying property. 3-2 September 15, 2009 Cupertino City Council Page 3 9. Adopt a resolution accepting a uitclaim. Deed and Authorization for Underground Water Rights, Brett G. Alten and Tomoko M~~tsumoto, 22661 San Juan Road, APN 342-17- 109, Resolution No. 09-I48. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 10. Adopt a resolution accepting a Grant of Easemen# for Roadway Purposes, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109, Resolution No. 09- 149. The property owners of this residenti~il development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 11. Adopt a resolution authorizing the execution of a maintenance agreement, Brett G. Alien and Tomoko Matsumo#o, 22661 San Ju~~.n Road, APN 342-17-109, Resolution No. 09- 150. Through an agreement with the City, the property owners of this single family residential development will be required to maintain. all non-standard items within the City's right of way. 12. Award a construction contract for the 2009 Tennis Court Re-Surfacing Project, Project No. 2009-47, to Saviano Company, Inc., in the amount of $115,000, and approve a construction contingency of $25,000 to cover any unforeseen work required to complete the project, for a total of $140,000. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5. Accept a ci project performed under contract for the Mary Avenue Bridge Project, Project No. 2005-9449. {No documentation in packet). The City's contractor Golden State Bridge has completed work on the Mary Avenue Bridge Project. The work included the de;~ign and construction of the bridge. Deputy City Clerk Grace Schmidt distributed a staff report giving an overview of the Mary Avenue Bridge project status. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Sandoval moved and Wong seconded to approve the item. The motion carried 4-0 with Wang absent. 3-3 September 15, 2009 Cupertino City Council Page 4 6. Adopt a resolution approving asemi-rural designation to eliminate the requixement for sidewalks on Santa Lucia Road pursuant to Ordinance No. 1925, Resolution No. 09-145. Deputy City Clerk Grace Schmidt distributed an amended staff report and additional information, including the signed petition, petition instructions, and a letter from John Kolski opposing the petition. Assistant Public Works Director Glenn Goepfert reviewed the staff report and additional information. Sohn Kolski said he owns two parcels on Santa Lucia Road and urged Council not to approve the semi-rural designation. He referred to his submitted letter for his reasons against the petition, highlighting street safety and the need for progress as the most important issues. Joshua Richardson, applicant who asked for the semi-rural designation, said that having to put in sidewalks would ruin the feel of the neighborhood. He noted that the street is more than two car widths wide and that out of the 2/3 required signatures needed, only one neighbor was opposed. Santoro moved and Wong seconded to continue this item to October 6, to include the four neighboring parcels on the list of properties, and directed staff to amend the ordinance to include parcels that partially front two different streets. The motion carried 4-0 with Wang absent. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 13. Adopt a resolution supporting the Bay Area Climate Compact and authorize the mayor to sign the charter endorsing 10 climate actions adopted by Bay Area cities, Resolution No. 09-151. Sandoval moved and Wong seconded to adopt Resolution No. 09-151. The motion carried 4-4 with Wang absent. Council member Sandoval noted that she would like to work on looking into getting some actual projects voted on in a green manner. Council member Wong said he would work with her on this and Mayor Mahoney noted that Council member Wang might also be interested. 3-4 September 15, 2009 Cupertino City Council Page 5 14. Designate a voting delegate a nd alternate for the National League of Cities Annual Business Meeting to be held on Nov. 14 in San Antonio, Texas. Santoro moved and Mahoney seconded t:o appoint Council member Gilbert Wong as the delegate and Parks and Recreation Director Mark Linder as the alternate. The motion carried 4-0 with Wang absent. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 7:57 p.m., the meeting was adjourned. Grace Schmidt, Deputy 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.c~upertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 3-5 September 15, 2009 Cupertino City Council REDEVELOPMENT AGENCY MEETING Canceled for lack of business. Page 6 The City of Cupertino has adopted the provisions of Code of Civil Procedure ~I094.6; litigation challenging a final decision of the City CouncillRedevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code X2.08.096. In compliance with the Americans with Disabilities Act (ADA), the Ciry of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's ofjrce at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 3-6