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CC 07-20-10 if CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, July 20, 2010 ROLL CALL At 3:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Kris Wang and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: Vice Mayor Gilbert Wong. STUDY SESSION — 3:00 p.m. 1. Receive a report from the Bay Area Air Quality Management District (BAAQMD) and Santa Clara County. Topics will be air quality regulations, standards, monitoring, and reclamation as they relate to the Lehigh Cement Plant immediately adjacent to the City. (No documentation in packet). The City Clerk distributed email correspondence between Susan Sievert and Mayor Kris Wang regarding Ms. Sievert's desire for a written report from BAAQMD. The City Clerk also distributed a memorandum dated July 20 from the County's Planning and Development Office regarding an update on the reclamation plan amendment proposals on file related to the Permanents; Quarry. Brian Bateman, Director of Engineering, BAAQMD, addressed the following issues: Title V permit renewal; rule development activities; new and upcoming emission controls and monitors; updated emission inventory and health risk assessments compliance; air monitoring; and next steps. Mr. Batemen said that Title V permit listed Lehigh's applicable air emissions standards and compliance provisions, and in 2009 it was withdrawn. It will be subject to public comment in mid - September under the new rules going into effect August 6 of this year. Mr. Batement noted that there were three monitoring sites, at Stevens Creek Elementary School, the International Baptist Church and Monta Vista Park. Results would be put on the City's website, but it would take at least a year to establish testing standards. Mr. Bateman said the next steps would be to evaluate final EPA NESHAP amendments; reissue draft Title V permit renewal; finalize BAAQMD control measures; evaluate permit application for emission control projects; review updated health risk assessment; operate Monta Visa Park air monitoring station; review reclamation plan amendment EIRs; and continue frequent plant inspection. July 20, 2010 Cupertino Cit :y Council Page 2 Gary Rudholm, Senior Planner with the Santa Clara County Planning Office discussed two reclamation plans received from Lehigh. The East Materials Storage Area reclamation plan amendment addressed a notice of violation issued on June 20, 2008, and would provide permanent placement of overburden material from the existing mine pit and for re- vegetation of the final slopes. A copy of the notice of preparation of the draft EIR was posted on the County's planning site, (www.sccplanning.org). Public distribution was tentatively set for October 2010, with a public hearing scheduled for November 2010. A public hearing on the final EIR and storage area reclamation plan was scheduled for February or March 2011 before the County Planning Commission. Mr. Rudholm next discussed the Comprehensive Reclamation Plan Amendment application to resolve a notice of violation issued in October 2006, to provide for a reclamation plan that covered all the land disturbed by mining operations, both existing disturbances and a proposed expansion, and reclaim the land consistent with current state standards. This project would span a 20 -year period, and proposed an expansion to locate a second pit south of the existing pit. Mr. Rudholm explained that the County had not imposed fines because Lehigh had filed reclamation applications and they were continuing to work with the County toward a resolution of the issues. The County's goals were compliance and abatement of the violations. Cathy Helgerson stated that she had gotten no responses from the water board, the EPA, or Washington to her request for the noncompliance reports, and she believed that people had stopped filing complaints because no action had been taken by the appropriate agencies. She believed citations should be made and the plant should be shut down. She said that pollution at the Stevens Creek (reservoir was coming from the Stevens Creek Quarry and people were eating the contaminated fish from the reservoir. She stated that she had been cited by the Sheriff's deputies for trespassing while taking pictures at the quarry and trying to stop people from fishing. Bill Almon, member of Quarry No, commented on the 221 pound weight of mercury Lehigh reported for 2008, which was then revised to 582 pounds, and he felt this number was probably low. In 2007 there was 40% more production than in 2008 so there would have been almost 1,000 pounds of mercury emitted, which does not go away. Mr. Almon referred to a quote from BAAQMD: "They have identified a narrow band of nearby receptor locations at which the mercury air concentrations appear to be very close to levels that would require public notification." Mr. Almon pointed out that nearby receptor locations included Cupertino. Manny Rodriguez stated that he had worked at Lehigh for twenty years and lived near the plant with his family. His two brothers also worked at the plant. He said he had gone over twelve years without a sick day, and he liked his job and the people he worked with. July 20, 2010 Cupertino City Council Page 3 Karen DelCompare discussed the vested rights issue and noted that the plant existed before regulations were established in about 1976. However, a public hearing was needed to determine which areas were vested, but she did not believe this hearing had ever been held. This designation gave them privileges and rights that they would not have if they were not vested. The plant continued to stockpile materials without permits and with no fines, and she felt that the County should impose fines as a deterrent to this violation. Walter Teagues stated he had worked at the plant for 37 years and had seen three changes in ownership, and he was most impressed with the current ownership. There was a definite emphasis on safety and environmental issues, and the owners would promptly shut down production if there was an area of concern in either one of these areas. John Bartas thanked the Council for the installation of the monitoring station at Monta Vista Park. He thought that BAAQMD seemed rather biased in favor of Lehigh and this seemed evident in their earlier report to the Council. He was also disappointed at the lack of fines imposed on Lehigh for their violations. He also suggested that public officials take a pledge not to work for Lehigh after their term of office was completed. Joyce Eden had several questions about the earlier statements made by BAAQMD, including how the reduction of mercury was calculated, how it would be determined in the future, and how it would be monitored. Ms. Eden agreed that the issue of vested rights needed to be addressed. She further noted that violations continued at the plant and the County allowed this to continue without imposing fines. Tim Brand said he was taken aback by the lack of advocacy for the citizenry by the County and BAAQMD. Several of the controls stated in the reports had been in existence for some time. He believed the report made by BAAQMD was biased to make Lehigh look good and this was symbolic of how things were run at the plant. He did not support their proposed expansion and wanted to see less pollution. Tim Matz, Corporate Director for Environmental Affairs at Lehigh, stated that they take these issues very seriously. He had been working with the US EPA on national emission standards and compliance within the cement industry since the 1990s. Lehigh was part of the Heidelberg Cement Group, a worldwide leader in the construction materials industry, which gave them a broad international knowledge base. They had technical centers around the world with the North American technical center located in Allentown, Pennsylvania. They were now working on meeting the emission reduction requirements imposed by the upcoming new rule. Henrik Wesseling, Lehigh Plant Manager, stated that it was his job to be proactive and to prepare the plant for the future. They were working on compliance with the proposed new national standards and had accomplished the first step of a 25% reduction in mercury emissions. They were now working on the second step which would include use of activated carbon which was new for the cement industry. The estimate was that this would reduce mercury emissions by 85 %. He noted that they would start trials on July 20, 2010 Cupertino City Council Page 4 activated carbon injection this year and when the trials were completed. He also discussed how the 25% mercury reduction was calculated. In response to inquiries from Council, Mr. Rudholm said that he would ask the appropriate County department to provide Council with information on any complaints related to this site. Councilmember Mahoney stated that he did not believe there were any significant health issues related to the plant. The EPA was moving forward and BAAQMD was doing a good job. However, he did believe the County should have issued fines for the violations. He did not believe the Council needed to hold another study session on this matter. Councilmember Chang questioned Councilman Mahoney's comments about there being no health issues, and he believed another study session should be held when the draft EIR was completed. Councilmember Santoro stated that the study sessions had been helpful and public input was important. He believed the current Lehigh owners were doing a good job and that another study session was not needed. However, if there was a significant issue raised in the future Council could discuss the matter. Mayor Wang noted that this issue was not in the Council's jurisdiction but she thanked the agencies for attending and answering questions for the public's benefit. She also did not think another study session would be needed as the appropriate agencies would continue with the process and opportunities would be available for public input. RECESS Council was in recess from 6:15 p.m. to 6:48 p.m. CLOSED SESSION - None PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: Vice Mayor Gilbert Wong. CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation to Mr. Vishwajith Singh and Mr. Sujith Vishwajith for their quick response in helping to save their neighbor's life. (No documentation in packet). July 20, 2010 Cupertino City Council Page 5 Mayor Wang presented the proclamation to Mr. Singh and Mr. Vishwajith. Resident Mahesh Nihalani presented flowers as well. 3. Presentation from Richard Santos, Chair of the Santa Clara Valley Water District regarding the most current issues impacting both jurisdictions. (No documentation in packet). Board of Directors member Patrick Kwok introduced Chair Santos. Mr. Santos updated the Council on what the Water District has been doing. He stated that the District continues to provide, safe and reliable drinking water to well owners with no increase in groundwater charges for the 3rd consecutive year. He explained that the District replenishes underground aquifers, protects groundwater from pollutants, constructs, operates and maintains infrastructure like pipelines, ponds, treatments plants, and dams. He noted that the District Act was comprehensively updated to strengthen the water districts ability to manage local water resources by providing stronger, more protective conservation tools, amplifying the District's authority with respect to water quality protection, modernizing the Act to provide climate change language to update the current realities from 50 years ago. He highlighted projects of interest to Cupertino: 1) Initiating the first stages of the Permanente Creek Flood Protection project scheduled to be completed by 2016; 2) Redistricting - now have 7 districts; 3) Water conservation - extended the mandatory 10% reduction to September. He distributed a booklet titled, "Water Use Efficiency Year End Report." Chris Allias from the Water District responded to a question from Councilmember Chang regarding if water is pumped from the Stevens Creek reservoir to the recharge pond and if it's used for drinking water? He said that the water doesn't flow from Stevens Creek into the recharge pond. The recharge pond is fed by imported water from the delta. Water that is in the underground basin is highly filtered and mercury content doesn't transfer that far deep into the water well. Mercury in the air is a universal problem even as far as China, and science is still dealing with these things. He guaranteed Council that the District continues to supply high quality, reliable water to its citizens in the community. Council viewed a tape showing the percolation ponds near Bubb and McClellan Roads. Patrick Kwok said that he looked at the ponds and discussed with staff how to continue maintaining them. He said he would get back to Council on the progress. POSTPONEMENTS - Item No. 25 postponed to August 17 to re- notice an amended description to include reservation of a five- foot -wide pedestrian easement along Stevens Canyon Road. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • Oral Communications: Letters from Mr. & Mrs. Ford and Tom & Jackie Kritzer to the Fremont Union High School District regarding school sports field lighting July 20, 2010 Cupertino City Council Page 6 • Item No. 8, Memorandums of Understanding for bargaining groups: amended pages • Item No. 28, Bicycle Lanes and Routes ordinance: amended designations • Item No. 30: League of California Cities Conference: Email from Vice Mayor Wong asking to be appointed as the voting delegate to the conference and giving details of his activities for Council reports ORAL COMMUNICATIONS Written communications for this item included letters from Mr. & Mrs. Ford, and Tom & Jackie Kritzer, to the Fremont Union High School District regarding school sports field lighting. Ed Ford said that there is a group from the Monta Vista and Lynbrook areas that has formed an organization regarding not wanting lights or extended field usage to 10:30 p.m., 6 days a week at both of the high schools. He said they have attended meetings at the Fremont Union High School District (FUHSD) and communication with the School Board has failed. He said the group met with Mayor Wang to see if the City could bridge the communication with the Board. He distributed samples of letters sent from their group to the FUHSD regarding the Environmental Impact Report (EIR), and samples of letters from residents before the schools were built promising no lights were to be built there. He noted that Monta Vista is the smallest campus with the most students and is totally surrounded by housing and the lights would impact the quality of life of all the residents living nearby. He also distributed a petition. Doris Live -Zey said she is a San Jose resident in. the Lynbrook neighborhood. She said what is happening at Monta Vista is also happening at Lynbrook. She said she has submitted comments on the EIR to the San Jose City Planner regarding having no lights on the school fields. David Radtke said he appreciated the City's comments in Notice of Preparation of the EIR asking that the City's noise ordinance be used as a standard, and violating the ordinance should be considered a significant impact. He noted that the draft EIR shows that night football games will result in a large increase in noise greatly exceeding the City's noise standards for a typical game. Practices also exceed the noise ordinance after 8 p.m. He quoted from the noise appendix of the EIR. Julie Irvin said she lives directly behind Monta Vista HS and several years ago the school installed lights above the swimming pool. She said that the lights shown in the neighbors' houses all night long and into the morning; complaints were made for several years and nothing was done until recently. She explained that she went to the School Board meeting to express concern over the stadium lights and the pool lights were fixed right away, seemingly in trade. She said she is worried about the new stadium lights being installed due to noise and that just as before, the Board won't listen to the complaints. T.S. Srinivasan said he lives in Monta Vista and is concerned about the installation of the stadium lights and playing nightly games. He noted that the District can choose to play nightly games at Homestead High School and day games at Monta Vista. He explained that installing lights at Homestead wouldn't impact the neighbors like it would at Monta Vista. He requesting July 20, 2010 Cupertino City Council Page 7 Council's help in conveying the concerns to the District to be sure they are making use of all the facilities available. Susan Camilleri said that having day games at IV onta Vista is a compromise between residents and the School District. She listed many issues with having night games and asked Council to help with communication and encourage the District to fix admitted problems by having day games at all the campuses. She noted that the district has not been responsive to complaints and once the lights are in they have little recourse. Mayor Wang responded by noting that the EIR process is currently underway and individuals may provide comments which the District has to respond to. Community Development Director Aarti Shrivastava said that the City viewed the Notice of Preparation and provided comments and will read the EIR and provide comments to mitigate as much as possible the noise and light impacts of the project. She noted a link on Cupertino's website to the District's website. City Attorney Carol Korade responded that the City can provide guidance to the School District in helping them make a decision that adequately analyzes all of the environmental impacts, but that it's their decision. Robert Chansler talked about the San Francisco Shakespeare Festival and thanked Council for its years of support. He invited the community to free Shakespeare in the park, Gentlemen of Verona, beginning Aug. 14, and the following two weekends after that. He recognized Frank Jelinch who was the face of the Shakespeare festival and retired. E.J. Conens talked about the proposed park in the Rancho Area and that plans for a basketball court were removed due to lack of funds and possible noise issues. He asked Council to install the basket ball court. Public Works Director Ralph Qualls responded that the original plans were only for a half court and the neighbors didn't want it due to the noise so the court was removed from the plans. He noted that the park would be opening in the latter part of August. Jennifer Griffin said that she thought the half court was still in the plans and the issues with the neighbor had been worked out. She said she hoped for some type of hard, play surface for kids to play hopscotch, jump rope, etc. Cathy Helgerson talked about a letter she received from Ralph Qualls saying she had interfered with quarry business and staff at the compost pile. She said that one of the staff told her to speak with one of the compost workers and she never ordered the staff member to stop doing anything. She noted that she never received a warning from the Sheriff's department before they came to her home and served her with a misdemeanor. CONSENT CALENDAR Mahoney moved and Santoro seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. [ 6 -23 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wang. Noes: None. Abstain: None. Absent: Wong. 4. Approve the minutes from the May 24, 25. June 1, and June 9 City Council meetings. July 20, 2010 Cupertino City Council Page 8 5. Adopt resolutions accepting Accounts Payable for June 4, 11, 18, 25, July 2 and 9, Resolution Nos. 10 -115 through 10 -120. 6. Adopt resolutions accepting Payroll for June 11, 25, and July 9, Resolution Nos. 10 -121 through 10 -123. 7. Adopt a resolution setting a hearing date of August 3 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 10 -124. 8. Adopt resolutions approving the July 1, 2010 through June 30, 2012 terms and conditions of employment for the Cupertino City Employees' Association, Operating Engineers Local Union No. 3, AFL -CIO, Unrepresented (Management and Confidential) Employees, and City Attorney Employees: a. Amending a Memorandum of Understanding between the City of Cupertino and the City Employees' Association, Resolution No. 10 -125 b. Amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL -CIO, Resolution No. 10 -126 c. Amending the Unrepresented (Management and Confidential) Employees' Compensation Program, Resolution No. 10 -127 d. Adopting the City Attorney Employees' Compensation Program, Resolution No. 10 -128 e. Directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU's) and Compensation Programs, Resolution No. 10 -129 Written communications distributed for this item included amended pages to the Memorandums of Understanding for the bargaining groups. 9. Accept an application for an Alcoholic Beverage License for Nutrition Restaurant (formerly Royal Teppen Steak House at Cupertino Village), 10935 N. Wolfe Rd. On -Sale Beer & Wine (41). 10. Accept Municipal Improvements, Zhihong; Liu, 10651 Merriman Road, APN 342 -16 -031. The applicant has completed City - specified improvements in the City right -of -way including sidewalk, curb & gutter, and driveway approach as required by the improvement agreement with the City. July 20, 2010 Cupertino City Council Page 9 11. Accept Municipal Improvements, Felicia Chow, 10460 South Foothill Boulevard, APN 357 -04 -010. The applicant has completed City- specified improvements in the City right -of -way including sidewalk, driveway approach, curb & gutter, required by the improvement agreement with the City. - 12. Accept a City Project performed under contract: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2009 -04. (No documentation in packet). The City's contractor, Maxicrete, Inc. completed work on the 2009 Reconstruction of Curbs, Gutters and Sidewalk project. The project involved the repair of approximately 18,370 SF of sidewalk and 3193 LF of standard curb. 13. Accept a City Project performed under Contract for Quinlan Center — Plaza Renovation, Project No. 2009 -9237. The City's contractor, Robert A. Bothman, has completed work on the Quinlan Center Fountain. The work consisted of the removal of the existing fountain and appurtenances and the installation of the plaza renovation improvements that included a steel pavilion and landscaping. 14. Adopt a resolution approving an Improvement Agreement, Stephen Fung, Jimmy Tse- Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357 -14 -034, Resolution No. 10 -130. Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 15. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Stephen Fung, Jimmy Tse -Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357 -14 -034, Resolution No. 10 -131. The property owners of this residential 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. 24. Approve Extension Requests for a one year extension for the Use Permit (U- 2007 -06) and Architectural & Site Approval (ASA- 2007 -10) to construct two one -story retail buildings totaling 24,455 square feet and a one -level parking deck, Application Nos. EXT -2010- 01, EXT- 2010 -02, and EXT- 2010 -03, Curt Taylor (Cupertino Village LP), 10825 -10983 North Wolfe Road (Cupertino Village), APNs 316 -05 -050, 316 -05 -051, 316 -05 -052. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) July 20, 2010 Cupertino City Council Page 10 Cathy Helgerson pulled items 16 -23 and said that her issues are not being addressed by staff regarding the quitclaiming of water rights and where the water rights are going. She asked for clarification. Mr. Qualls explained that the quitclaim deeds is a standard procedure that has been in place for decades and is done so that the City can preserve the right to the underground aquifer which does not damage anyone's property above. Mahoney moved and Santoro seconded to approve items 16 -22. The motion carried with Wong absent. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, I -An Feng, Frances Hsu and Osbert Feng, 10352 Mira Vista Road, APN 357 -02- 020, Resolution No. 10 -132. 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. 17. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Robert Allen Van Hoy, Jr. and Christine P. Van Hoy, 10556 Larry Way, APN 316 -02 -026, Resolution No. 10 -133. 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. 18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Massoud Vameghi, M.D. and Arshifam Vameghi, 10353 Mira Vista Road, APN 357 -02 -041, Resolution No. 10 -134. 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. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Priya Pattathil and Joy A. Thoinas, 22330 Regnart Road, APN 366 -39 -006, Resolution No. 10 -135. 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. 20. Adopt a resolution approving an Improvement Agreement, Cheng -Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326 -24 -046, Resolution No. 10 -136. Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. July 20, 2010 Cupertino City Council Page 11 21. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Cheng -Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326 -24 -046. Resolution No. 10 -137. The property owners of this residential 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. 22. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Cheng -Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326 -24 -046, Resolution No. 10 -138. 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. Council member Santoro asked to speak on item number 23 since it had already been pulled from Consent. 23. Villa Serra Apartments: a. Adopt a resolution approving a Grant Deed from the City of Cupertino to Villa Serra Apartments for a property located at 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -139 This Grant Deed will accompany documents for the required lot line adjustment between the City of Cupertino and Villa Serra Apartments for the approved Villa Serra Public Park. The City agrees to grant a strip of land, which was previously part of the traffic operations center, to Villa Serra Apartments, for purposes of ingress and egress within the lands of Villa Serra Apartments. b. Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a property located at 20800 Homestead Road, APN 326 -09 -056, Resolution No. 10- 140 This Grant Deed will accompany documents for the required lot line adjustment between the City of Cupertino and Villa Serra Apartments for the approved Villa Serra Public Park. The City agrees to accept, from Villa Serra Apartments, a grant of land for the purpose of owning and maintaining the Public Park and new traffic operations center. Council member Santoro said that he thought the City had given back $400,000 to the developer in exchange for maintaining the park. July 20, 2010 Cupertino City Council Page 12 City Manager David Knapp responded that the developer didn't have to pay the $400,000 because they donated the property at the corner of Franco and Homestead and that the City would maintain the park. Developer John Moss responded that they had met all of the obligations on their end and had a full vote of approval from Council a couple of years ago agreeing that the developer would donate the land and the City would maintain the park. He noted that they couldn't move forward with the park until the property line adjustments were made. Council and staff discussed the issue further. Mahoney moved and Santoro seconded to adopt Resolution Nos. 10 -139 and 10 -140 approving grant deeds from Villa Serra Apartments and directed staff to clarify what was agreed to before regarding maintenance of the park. The motion carried with Chang abstaining and Wong absent. PUBLIC HEARINGS 25. Consider adopting a resolution vacating a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. (Staff requests this item be postponed to August 17). The owner of this parcel petitioned the City to vacate a portion of the existing right of way, adjacent to his property, which is no longer needed for roadway purposes. Under "postponements" Mahoney moved and Chang seconded to postpone the item to August 17. The motion carried unanimously with Wong absent. UNFINISHED BUSINESS - None NEW BUSINESS 26. Adopt a resolution authorizing the City Manager to negotiate and execute a Cost Sharing Agreement with Apple, Inc. to construct a concrete island on Mariani Avenue, Resolution No. 10 -142. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Mahoney moved and Chang seconded to adopt Resolution No. 10 -142 for the cost - sharing agreement with Apple, Inc. The motion carried unanimously with Wong absent. 27. Review bids and award the contract for Pavement Restoration, Project No. 2009 -08, to G. Bortolotto & Company, Inc., in the amount of $190,604.00, and approve a construction contingency of $20,000.00 to cover any unforeseen work required to complete the project, for a total of $210,604.00. Assistant Public Works Director Glenn Goepfert reviewed the staff report. July 20, 2010 Cupertino City Council Page 13 Mahoney moved and Santoro seconded to award the contract to G. Bortolotto & Company. The motion carried unanimously with Wong absent. 28. Bicycle lanes and routes: a. Conduct the first reading of Ordinance No. 10 -2063: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to Designated Bicycle Lanes." Glenn reviewed the staff report. Written communications for this item included amended designations to the ordinances. Council member Chang left the dais and was still absent when this item was voted on. The City Clerk read the title of the ordinance. Mahoney moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, and Wang. Noes: None. Absent: Chang and Wong. b. Conduct the first reading of Ordinance No. 10 -2064: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to Designated Bicycle Routes." The City Clerk read the title of the ordinance. Mahoney moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, and Wang. Noes: None. Absent: Chang and Wong. 29. Conduct the first reading of Ordinance No. 10 -2065: "An Ordinance of City Council of the City of Cupertino amending the existing Cupertino Municipal Code Section 19.100.030 regarding parking and keeping vehicles in various zones." Code Enforcement Officer Gary Kornahre as reviewed the staff report. Larry Goe said that he currently parks an airplane on his property because people were stealing items off the airplane when it was parked at the airport. He said he would like to continue to keep the airplane on his property. Santoro moved and Mahoney seconded to send the Parking Ordinance to the Planning Commission for review, to include consideration of exceptions for items that are out of sight, and come back to Council. The motion carried with Wong absent. 30. Designate a voting delegate and up to two alternates for the League of California Cities Annual Conference Sept. 15 -17 in San Diego. July 20, 2010 Cupertino City Council Page 14 Written communications for this item included an email from Vice Mayor Wong asking to be appointed as the voting delegate to the conference and giving details of his activities for Council reports. Mahoney moved and Santoro seconded to appoint Council members Kris Wang and Gilbert Wong and Barry Chang as the voting delegate and alternates for the League Conference. 31. Commission vacancies: a. Set an interview date for the Parks and Recreation Commission unscheduled vacancy. Staff recommends Sept. 7. (No documentation in packet). b. Accept the resignation of Fine Arts Commissioner John Fiegel and set an interview date. Staff recommends Sept 7 if applications have been submitted. The City Council concurred to accept Commissioner Fiegel's resignation and to set an interview date of Tuesday, Sept. 7 at 4:00 ,9.m. for interviews for both commissions. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:23 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.cupertino.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.