06-07-11 Packet.pdfTable of Contents
Agenda 4
May 3 City Council minutes
Draft Minutes 12
May 17 City Council minutes Regular Meeting
Draft minutes 22
May 17 City Council minutes Special Meeting
Draft minutes 29
May 25 City Council minutes
Draft Minutes 31
Accounts Payable for period ending May 13, 2011
Draft Resolution 33
Accounts Payable for period ending May 20, 2011
Draft Resolution 45
Payroll for period ending May 13, 2011
Draft Resolution 58
Payroll for period ending May 27, 2011
Draft Resolution 59
Improvement Agreement, Jin Feng Chou and Lillian Chou,
10207 Orange Avenue, APN 357-15-036
Resolution 60
Improvement Agreement 62
Map 76
Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde
Road, APN 342-29-036
Resolution 77
Improvement Agreement 79
Map 93
Quitclaim Deed and Authorization for Underground Water
Rights, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue,
APN 357-15-036
Resolution 94
Quitclaim Deed 95
Map 99
Quitclaim Deed and Authorization for Underground Water
Rights, Kelly-Gordon Development Corp., 10239 Amelia Court,
APN 326-17-063
Resolution 100
Quitclaim Deed 101
Map 106
Quitclaim Deed and Authorization for Underground Water
Rights, Kelly-Gordon Development Corp., 10239 Ainsworth
Drive, APN 326-17-064
Resolution 107
Quitclaim Deed 108
1
Map 113
Quitclaim Deed and Authorization for Underground Water
Rights, Kelly-Gordon Development Corp., 10231 Amelia Court,
APN 326-17-062
Resolution 114
Quitclaim Deed 115
Map 120
Quitclaim Deed and Authorization for Underground Water
Rights, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342-29-
036
Resolution 121
Quitclaim Deed 122
Map 126
Municipal Improvements, Brett G. Alten and Tomoko
Matsumoto, 22661 San Juan Road, APN 342-17-109
Staff Report 127
Map 128
Consider making a recommendation to the County of Santa
Clara Board of Supervisors regarding redistricting
Redistricting Staff Report 129
Annual approval and renewal of the collection of existing storm
drain fees at no increase in rates for fiscal year 2011-2012
Staff Report 134
Resolution 136
Fiscal Year 2011/12 Budget
Staff Report 142
Objections to proposed removal of brush and order abatement
of public nuisance
Staff Report 143
A. Draft Resolution 144
B. Parcel abatement list 146
C. Non-compliance letter 148
D. 100-foot clearance letter 149
E. 30-foot clearance letter 151
F. Citation notice 153
G. Abatement fee schedule 154
Adopt a resolution calling a General Municipal Election on Nov.
8, 2011, to fill two City Council seats
Staff Report 155
Draft Resolution 156
Consider cosponsoring and granting a fee waiver to the United
States Army for an event to be held on June 14, 2011
Army Fee Waiver Request 157
2011 Contractual Street Sweeping Services
Staff Report 158
2011 Contractual Janitorial Services
Staff Report 160
2
2011 Contractual Crossing Guard Services
Staff Report 162
Second reading of Ordinance regarding stop sign on Bandley
Drive at Mariani Avenue
Staff Report 164
Draft Ordinance 165
Diagram of the intersection 166
3
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 7, 2011
6:00 PM
CITY COUNCIL MEETING
ROLL CALL
CLOSED SESSION
1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10346
Scenic Circle Blvd., Cupertino, CA 95014; Negotiator: Carol Atwood; Under negotiation:
terms
Page: No written materials in packet
2. Subject: Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 20488
Stevens Creek Blvd, # 2214, Cupertino, CA; Negotiators: Vera Gil and Aarti Shrivastava;
Under negotiation: terms
Page: No written materials in packet
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS
3. Subject: Proclamations recognizing students who have been awarded the Organization of
Special Needs Families (OSF) Presidential Award
Recommended Action: Present proclamation
Page: No written materials in packet
4. Subject: Recognition and acknowledgment of Leadership 95014 class of 2011
Recommended Action: Recognize Leadership 95014 students
Page: No written materials in packet
4
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
5. Subject: Proclamation for Team Portal Flaming Falcons, fifth grade students from Murdock-
Portal Elementary School, for their participation in the Destination Imagination (DI) Global
Finals.
Recommended Action: Present proclamation
Page: No written materials in packet
6. Subject: Proclamations recognizing the Santa Clara Valley History collaborative
Recommended Action: Present proclamations to:
The Cupertino Historical Society
The Cupertino Library Foundation
The Santa Clara County Library
Page: No written materials in packet
7. Subject: Presentation from the Fine Arts Commission
Recommended Action: Receive presentation
Page: No written materials in packet
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
8. Subject: May 3 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 12
9. Subject: May 17 City Council minutes Regular Meeting
Recommended Action: Approve minutes
Draft minutes
Page: 22
10. Subject: May 17 City Council minutes Special Meeting
Recommended Action: Approve minutes
Draft minutes
Page: 29
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Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
11. Subject: May 25 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 31
12. Subject: Accounts Payable for period ending May 13, 2011
Recommended Action: Adopt Resolution No. 11-080
Draft Resolution
Page: 33
13. Subject: Accounts Payable for period ending May 20, 2011
Recommended Action: Adopt Resolution No. 11-081
Draft Resolution
Page: 45
14. Subject: Payroll for period ending May 13, 2011
Recommended Action: Adopt Resolution No. 11-082
Draft Resolution
Page: 58
15. Subject: Payroll for period ending May 27, 2011
Recommended Action: Adopt Resolution No. 11-083
Draft Resolution
Page: 59
16. Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue,
APN 357-15-036
Recommended Action: Adopt Resolution No. 11-084
Description: 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
Resolution
Improvement Agreement
Map
Page: 60
17. Subject: Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342-29-
036
Recommended Action: Adopt Resolution No. 11-085
Description: 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
Resolution
Improvement Agreement
Map
Page: 77
6
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
18. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou
and Lillian Chou, 10207 Orange Avenue, APN 357-15-036
Recommended Action: Adopt Resolution No. 11-086
Description: 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
Resolution
Quitclaim Deed
Map
Page: 94
19. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon
Development Corp., 10239 Amelia Court, APN 326-17-063
Recommended Action: Adopt Resolution No. 11-087
Description: 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
Resolution
Quitclaim Deed
Map
Page: 100
20. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon
Development Corp., 10239 Ainsworth Drive, APN 326-17-064
Recommended Action: Adopt Resolution No. 11-088
Description: 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
Resolution
Quitclaim Deed
Map
Page: 107
21. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon
Development Corp., 10231 Amelia Court, APN 326-17-062
Recommended Action: Adopt Resolution No. 11-089
Description: 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
Resolution
Quitclaim Deed
Map
Page: 114
7
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
22. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar
Eranti, 22641 Alcalde Road, APN 342-29-036
Recommended Action: Adopt Resolution No. 11-090
Description: 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
Resolution
Quitclaim Deed
Map
Page: 121
23. Subject: Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan
Road, APN 342-17-109
Recommended Action: Accept Municipal Improvements
Description: The work included curb and gutter improvements
Staff Report
Map
Page: 127
24. Subject: Consider making a recommendation to the County of Santa Clara Board of
Supervisors regarding redistricting
Recommended Action: Consider making a recommendation
Redistricting Staff Report
Page: 129
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
25. Subject: Annual approval and renewal of the collection of existing storm drain fees at no
increase in rates for fiscal year 2011-2012
Recommended Action: Adopt Resolution No. 11-091
Staff Report
Resolution
Page: 134
26. Subject: Fiscal Year 2011/12 Budget
Recommended Action: Review annual budget and receive public comments before adoption
on June 21, 2011
Staff Report
Page: 142
UNFINISHED BUSINESS
8
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
NEW BUSINESS
27. Subject: Objections to proposed removal of brush and order abatement of public nuisance
Recommended Action: Adopt Resolution No. 11-092
Description: City-wide brush abatement pursuant to provisions of Ordinance No. 724 and
Resolution No. 11-079
Staff Report
A. Draft Resolution
B. Parcel abatement list
C. Non-compliance letter
D. 100-foot clearance letter
E. 30-foot clearance letter
F. Citation notice
G. Abatement fee schedule
Page: 143
28. Subject: Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two
City Council seats
Recommended Action: Adopt Resolution No. 11-093
Description: Kris Wang will be termed out and Gilbert Wong is eligible to run for one
additional four-year term
Staff Report
Draft Resolution
Page: 155
29. Subject: Consider cosponsoring and granting a fee waiver to the United States Army for an
event to be held on June 14, 2011
Recommended Action: Approve request
Army Fee Waiver Request
Page: 157
30. Subject: 2011 Contractual Street Sweeping Services
Recommended Action: Review bids and award contract for Street Sweeping Services,
Project No. 2011-02 to Contract Sweeping Services, Inc. in the amount of $117,097.68, and
approve a contingency of $20,000 to cover extra sweeping that may be required on the
commercial route, for a total of $137,097.68
Staff Report
Page: 158
31. Subject: 2011 Contractual Janitorial Services
Recommended Action: Review bids and award contract for Janitorial Services, Project No.
2011-01 to Clean Innovation, Inc. in the amount of $373,800.00
Staff Report
Page: 160
9
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
32. Subject: 2011 Contractual Crossing Guard Services
Recommended Action: Review bids and award contract for Crossing Guard Services, Project
No. 2011-03 to American Guard Services, Inc. in the amount of $118,540.80
Staff Report
Page: 162
33. Subject: Schedule study session to consider Capital Improvement Projects (CIP)
Recommended Action: Consider one of the following dates for the study session: June 13 at
3pm, June 15 at 4pm, or June 21 at 4pm in Community Hall
Page: No written materials in packet
ORDINANCES
34. Subject: Second reading of Ordinance regarding stop sign on Bandley Drive at Mariani
Avenue
Recommended Action: Conduct second reading and enact Ordinance No. 11-2078: “An
Ordinance of the City Council of the City of Cupertino amending section 11.20.030 of the
Cupertino Municipal Code relating to establishment of all-directional vehicular stop required
at certain intersections; Bandley Drive at Mariani Avenue"
Staff Report
Draft Ordinance
Diagram of the intersection
Page: 164
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
10
Tuesday, June 07, 2011 Cupertino City Council
Cupertino Redevelopment Agency
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment 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 §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office 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.
11
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, May 3, 2011
ROLL CALL
At 5:06 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
BOARDS AND COMMISSIONS INTERVIEWS
1. Interview applicants for unscheduled vacancies on the Fine Arts Commission (FAC) and the
Telecommunications, Information and Communications Commission (TICC).
The City Council interviewed Beverly Siegel, Reena Nadkarni, Chris Zhang, Vadhri
Srinivas, Rajeswari Mahalingam, and Marvin Spielman, and concurred to appoint Rajeswari
Mahalingam to an unscheduled vacancy on the FAC, with a partial term ending January
2013, and +Marvin Spielman to an unscheduled vacancy on the FAC, with a full term ending
January 2015; and to appoint Reena Nadkarni to an unscheduled vacancy on the TICC, with
a partial term ending January 2012.
RECESS
CLOSED SESSION
At 6:30 p.m., City Council recessed to a closed session to discuss the following item in closed
session.
2. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8)
Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014
Negotiator: Carol Atwood
Under negotiation: terms
Mayor Gilbert Wong announced that City Council heard the briefing and gave instructions to the
real property negotiator.
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May 3, 2011 Cupertino City Council Page 2
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
CEREMONIAL MATTERS – PRESENTATIONS
3. Subject: Proclamation recognizing the “Smarty Six” at Regnart School
Recommended Action: Present the proclamation
Description: The Smarty Six is a group of students from Regnart School. They won first
place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For
Outstanding Creativity, and took second place in their division at the state tournament,
advancing them to the finals in Tennessee.
Mayor Wong presented the proclamation to Vincent Lim, Ashvin Irrinki, Angela Chu, Rohan
Shinkre, Shreya Maanavi and Brett Park and congratulated them on their achievements. The
second and third grade students described the experience as very exciting and said that they
all had a good time working on their creative and problem solving projects. They announced
that the finals would be held the last week of May and would include 100 world-wide teams.
4. Subject: Proclamation declaring May 2011 as Foster Care Month in Cupertino
Recommended Action: Present the proclamation
Mayor Wong presented the proclamation to Jane Ramirez, her foster child Bella, and Foster
Care Recruiter Juliana. Juliana thanked the Council for their recognition of Foster Care
Month and the important work of foster care.
5. Subject: Presentation from the Teen Commission
Recommended Action: Receive presentation
Parks and Recreation Director Mark Linder introduced staff liaison Lauren Phillips and Teen
Commission Chair Shailee Samar. Other Teen Commissioners present were Hadar Sachs,
Kylar Sunham and Anon Novatee. The Commissioners talked about five of their projects
including the Giving Tree Holiday Event, Teen Center Lounge Nights, 2012 Anti-Tobacco
Conference, Collaboration with other Commissions, and WOW (Walk One Week). The
Commissioners stated that the Giving Tree Holiday Event had been very successful with
special thanks to Kennedy School students for their outstanding participation in this project.
They were continuing to hold Teen Center Lounge Nights which included free food and
games and a chance for teens to get together. They were also working with the Santa Clara
Teen Commission on the 2012 Anti-Tobacco Conference, and were continuing to work with
other cities and other Cupertino commissions on subjects of mutual interest. Their major
project was WOW and to date they had been very successful. The two-week spring WOW
event included the elementary and middle schools and had 1,200 participants. The high
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May 3, 2011 Cupertino City Council Page 3
school WOW event was scheduled for May 15-20. The Commission provided prizes, banners
and brochures and the goal was to have the schools organize their own WOW programs. The
Commission also had recommended two schools, Eton Elementary and Lawson Middle, to
receive awards for their outstanding contributions to the WOW program.
Mayor Wong presented trophies to representatives from Eton and Lawson and thanked them
for their efforts with the WOW program and Council thanked the Teen Commission for their
enthusiasm and accomplishments.
The Council received the report, and no action was taken.
POSTPONEMENTS – None
WRITTEN COMMUNICATIONS
City Clerk Kimberly Smith distributed the following written communications:
· A copy of the agenda with amended draft resolution numbers on items 26 and 30
· A chart titled Housing Commission Recommendations for item No. 23
· A copy of the staff PowerPoint for the Green Building Ordinance, and copies of emails
from Mr. Myron Crawford stating his opposition to the proposed ordinance
· An amended ordinance regarding smoking in recreational areas
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Mahoney moved and Wang seconded to approve the items on the Consent Calendar as
recommended. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro,
Wang, and Wong. Noes: None. Abstain: None.
6. Subject: April 6 City Council minutes
Recommended Action: Approve minutes
7. Subject: Accounts Payable for period ending March 25, 2011
Recommended Action: Adopt Resolution No. 11-056
8. Subject: Payroll for period ending April 1, 2011
Recommended Action: Adopt Resolution No. 11-057
9. Subject: Accounts Payable for period ending April 1, 2011
Recommended Action: Adopt Resolution No. 11-058
10. Subject: Accounts Payable for period ending April 8, 2011
Recommended Action: Adopt Resolution No. 11-059
11. Subject: Accounts Payable for period ending April 15, 2011
Recommended Action: Adopt Resolution No. 11-060
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May 3, 2011 Cupertino City Council Page 4
12. Subject: Payroll for period ending April 15, 2011
Recommended Action: Adopt Resolution No. 11-061
13. Subject: Approve destruction of records from the Finance and Code Enforcement
departments
Recommended Action: Adopt Resolution No. 11-062
14.Subject: Treasurer’s Investment and Budget Report for quarter ending March 2011
Recommended Action: Accept the report
15. Subject: Annual adoption of City Investment Policy
Recommended Action: Adopt the City Investment Policy as of May 3, 2011.
16.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee
and Aniruddha Mukherjee, 21856 Hermosa Avenue
Recommended Action: Adopt Resolution No. 11-063
Description: 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. Subject: Municipal Improvements, Kong-Yen Han and Sue-Jane Han, 21881 Dolores
Avenue
Recommended Action: Accept Municipal Improvements
Description: The improvements included sidewalk, curb & gutter and driveway approach
work in the City right of way
18. Subject: Improvement Agreement, Jagriti Mukherjee and Aniruddha Mukherjee, 21856
Hermosa Avenue
Recommended Action: Adopt Resolution No. 11-064
Description: 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
19. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vinod
Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue
Recommended Action: Adopt Resolution No. 11-065
Description: 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. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang
and Meichuan Sun, 19089 Tilson Ave
Recommended Action: Adopt Resolution No. 11-066
Description: 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
21. Subject: Stevens Creek Corridor Project Phase II grant application for Transportation
Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding
15
May 3, 2011 Cupertino City Council Page 5
Recommended Action: Adopt Resolution No. 11-067, authorizing allocation of TDA Article
3 funding
22. Subject: Agency Agreement for the Countywide AB939 Implementation Fee and the
Agreement for Countywide Household Hazardous Waste Collection for FY 11-12
Recommended Action: Adopt Resolution Nos. 11-068 and 11-069
Description: Current agreements June 30, 2011 and new agreements have been approved by
the County of Santa Clara and presented to the fifteen cities for approval
23. Subject: Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City
Council election
Recommended Action: Adopt Resolution No. 11-070 setting a voluntary expenditure cap of
$28,000 for the election of 2011
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
24. Subject: Community Development Block Grant (CDBG) funds, Human Service grants and
FY 2011 Annual Action Plan.
Recommended Action: Conduct public hearing; and
1. Adopt Resolution No. 11-071 approving the allocations for the use of the 2011-2012
CDBG program and human service grant as detailed in Attachment B; and
2. Approve the FY 2011-12 Annual Action Plan (Attachment C) as required by the federal
Department of Housing and Urban Development (HUD).
Description: This is the second of two required public hearings regarding use of 2011-12
CDBG funds, Human Service grants and FY 2011 Annual Action Plan
Mayor Wang opened the public hearing at 7:46 p.m. There were no speakers, and the
hearing was closed at 7:47 p.m. Mahoney moved and Chang seconded to adopt Resolution
No. 11-071. The motion carried unanimously.
25. Subject: Green Building Ordinance, MCA-2010-04, and amendment to the City’s Fee
schedule
Recommended Action: 1. Conduct first reading of Ordinance No. 11-2076 amending
Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code to Include
Local Green Building Requirements (Attachment A); and
2. Adopt draft Resolution No. 11-072 amending the City’s adopted Fee Schedule to
incorporate Green Building deposit fees (Attachment B).
Senior Planner Aki Honda reviewed the staff which report and provided an update on the key
components and changes to the ordinance that council requested on February 1, 2011.
Walker Wells of Global Green reported that the $2 per square foot for commercial projects
was to set a level for the refundable deposit, simplify the process, and provide an incentive.
Myron Crawford, Berg and Berg, stated his opposition to the proposed ordinance because
California Green Code is already in place. He noted that additional costs are assessed to
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May 3, 2011 Cupertino City Council Page 6
businesses repeatedly and suggested that the City stay with the California Green Code to see
how it works out first.
Darcy Paul, representing the Chamber of Commerce Legislative Action Committee
expressed concern about the elevated costs for businesses. He also stated that the Chamber
was pleased with modifications to the ordinance terminology and adding the alternative
reference. He also suggested that defining the building official to the alternative reference
would be good.
David Kaneda, former Planning Commissioner, spoke in favor of the ordinance.
Jennifer Griffin praised the city for the good work over the past two years with respect to the
green ordinance. She stated her opposition to giving builders incentives such as floor to area
ratio and parking spaces.
Mahoney was in support of the ordinance as revised.
Santoro supported approval of the ordinance in one year to allow time for the community to
be educated about the changes and provide council with feedback. He recommended
changing residents greater than nine to say residents, change residents to be city verification
only, and to provide more incentives such as a faster process.
Mahoney agreed with changing single and multi-family residential fewer than nine units to
be city review only due to the high cost of outside certification. He indicated that he was not
in favor of waiting for one year to implement, but did not have a strong feeling about a delay.
Wang preferred to have an educational period and was in favor of a one year delay with the
intention of passing the ordinance at that time.
Chang was opposed to a delay.
Council took a straw vote regarding single family complex fewer than nine units receiving
city review or no requirement; Chang, Mahoney, and Wong were in favor. A second straw
vote was held about delaying implementation of the ordinance; Santoro, Wang, and Wong
were in favor of a delay.
Santoro moved and Wang seconded that MCA 2010-04 be approved with language revisions;
residential less than nine are exempt from additional City requirements; and that the
ordinance will not take effect for 12 months after council review with the intent that the
ordinance will go into effect at that time.
Chang noted that the green building ordinance had been going on for more than a year and
indicated that he felt it was a mistake to delay action. He stated he would not vote for the
ordinance as proposed. Mahoney agreed.
The Council members concurred that the first reading of the ordinance would occur after a
one year community education period and council review.
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May 3, 2011 Cupertino City Council Page 7
UNFINISHED BUSINESS – None
RECESS - 9:08 p.m. to 9:18 p.m.
NEW BUSINESS
26. Subject: 2011 Cupertino Bicycle Transportation Plan
Recommended Action: Adopt Resolution No. 11-073 approving the 2011 Cupertino Bicycle
Transportation Plan
Senior Civil Engineer and staff liaison for the Bicycle Pedestrian Commission David
Stillman stated that this was a long-range planning document that set policy for the build-out
of bicycle infrastructure. The current bicycle plan was been done in 1998 and certain funding
sources required an update of the plan, which focused on environment, engineering,
encouragement, education and enforcement. The next steps included proceeding with funding
opportunities, and revisiting and updating the plan within five years. The application for the
implementation of each bikeway would be brought back to Council including sensitive issues
such as the possible removal of parking or stop signs. In conclusion Mr. Stillman noted that
Cupertino had received the prestigious award of Bicycle Friendly Community Status by the
League of American Bicyclists.
Mahoney stated that a correction needed to be made in the final document. The reference to
$7 million for the bridge needed to be changed to $2 million. He also suggested adding
wording about the college and city working together to integrate the plan on college property.
William Chan, Chairman of the Cupertino Bicycle Pedestrian Commission, noted the
Commission had worked for a long time on this plan and he stated their support. He also
noted that it was a vehicle to get important funding.
Jennifer Griffin noted that this plan dealt with the city as a whole which was important and
she supported it. She also urged the city to be sensitive to existing neighborhoods and notify
the residents of any impacts from the implementation of this plan.
Ann Ng thanked present and past members of the Bicycle Pedestrian Commission and stated
her support of this plan.
Santoro moved and Mahoney seconded to (1) Add a section to the Bicycle Transportation
Plan stating “The City of Cupertino will collaborate with DeAnza College toward a better
integration of the bicycle plan with routes through the college campus.; and (2) Adopt
Resolution No. 11-073 approving the 2011 Cupertino Bicycle Transportation Plan as
amended. The motion carried unanimously.
27. Subject: Consider an ordinance to regulate smoking in recreational areas.
Recommended Action: Conduct the first reading of Ordinance No. 11-2077 of the City
Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to
prohibit smoking and tobacco use in recreational areas.
Parks and Recreation Director Mark Linder reviewed the staff report.
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May 3, 2011 Cupertino City Council Page 8
Janet Ghanem, representing Breathe California, spoke in support of the proposed ordinance.
John Zwaanstra, a retired physician specializing in pulmonary disease, spoke in support of
the ordinance.
Carol Baker, resident of Cupertino and honorary life member of the American Cancer
Society Board of Directors of the California division, spoke in support of the ordinance.
Chang supported the ordinance and suggested 100 feet from public area with an exception for
private property which backs up to public property.
Santoro expressed concern that the ordinance did not receive input from the Parks and
Recreation and Public Safety Commissions and questioned the non-smoking types of
products and the difference in limits such as 25 or 20 feet.
Wang supported the ordinance with respect to health aspects, questioned limits related the
city borderlines and whether in parks and playgrounds.
Mahoney was not in support of a city wide ban or a ban on electronic cigarettes and non-
smoking tobacco products. He supported the 25 feet limit with an exemption for private
property.
Wong noted that he supports input from Public Safety Commission, but felt this subject
matter was important enough to move forward. He supported a compromise with 25 feet
from the boundary of parks, with exemption for private residential, electronic cigarettes, and
non-smoking tobacco products.
Mahoney moved to approve the ordinance for 25 feet from park boundaries except where it
encroaches upon private property and with an exemption for electronic cigarettes and non-
smoking tobacco products. Wang seconded for discussion.
Discussion followed regarding non-smoking tobacco products and electronic cigarette
vapors. Mahoney confirmed that the ordinance should not include electronic cigarette vapors
and non-smoking tobacco products.
The City Clerk read the title of the ordinance. Mahoney moved and Chang seconded to read
the ordinance by title only as amended by council discussion, and that the City Clerk’s
reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang
and Wong. Noes: None.
28. Subject: Consider changing the budget study session scheduled for May 16, and confirm the
date for the City Manager evaluation
Recommended Action: Select a study session date of May 23 or later; confirm date and time
of City Manager evaluation currently set for May 16
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May 3, 2011 Cupertino City Council Page 9
The Council members concurred to conduct the budget study session on Monday, May 23,
3:00 p.m., in the City Council Chambers, and the City Manager evaluation will immediately
follow that study session, in Conference Room A.
29. Subject: Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue
Recommended Action: Conduct first reading of Ordinance No. 11-2078, Amending Section
11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional
Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue
Public Works Director Timm Borden recommended placing a stop sign on Bandley Drive at
Mariani Avenue due to the large number of accidents dealing with left turns, more pedestrian
activity, high speeds on Bandley, and limited visibility because of the curve on the road.
Daniel Nguyen, Public Safety Commissioner, said that to his knowledge, stop sign issues had
never come before the commission, but the commission would be glad to include that topic in
their work program.
William Chan, Bicycle Pedestrian Commission, indicated that the issue did not officially
come before the commission, but felt that the commission would be in favor of placing a stop
sign on Bandley Drive.
Discussion followed regarding when it is advisable to obtain commission recommendations.
City Manager David Knapp explained that liability issues need more engineering judgment,
and controversial issues need commission and public input.
The City Clerk read the title of the ordinance. Chang moved and Mahoney seconded to read
the ordinance by title only, and that the City Clerk’s reading would constitute the first
reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None.
RECESS - 10:50 p.m. to 11:03 p.m.
30.Subject: Introduce a resolution setting forth a policy for the City Council to use
teleconferencing in connection with its City Council meetings.
Recommended Action: Consider adopting Resolution No. 11-2079 clarifying the conditions
under which teleconferencing may be used.
Jennifer Griffin asked why this item had been put on the agenda. While she understood it was
done in other larger cities she was unclear as to the need for it in Cupertino.
City Manager David Knapp stated that he had put this on the agenda for clarification
purposes. The topic had been raised in certain Council discussions and the proposed
resolution included the minimum requirements as stated in the Brown Act for
teleconferencing.
Council Members Mahoney, Santoro, Wang and Wong discussed the issue and agreed that
while they had no strong feelings about this proposal, there may be rare occasions when it
would be beneficial to the city to have it in place. Council Member Chang stated that he was
strongly opposed to teleconferencing. He noted that he had been elected to represent the
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May 3, 2011 Cupertino City Council Page 10
residents and to be available at the meetings. He believed that much of the body language
was in teleconferencing. Congress and the Assembly had to be present to vote, and unless the
voters of Cupertino stated otherwise, that was how he believed it should be in Cupertino.
Mahoney moved and Wang seconded to adopt Resolution No. 11-074 with the following
amendments: 1) Include a requirement that only one Council Member could teleconference at
a meeting; 2) Include a statement that teleconferencing must be in compliance with the
Brown Act, as amended; 3) Include a policy statement that teleconferencing is strongly
discouraged; and 4) Include the following sentence: “One week advance written notice must
be given by the Council Member to the City Clerk’s office; the notice must include the
address at which the teleconferenced meeting will occur, who is to initiate the phone call to
establish the teleconference connection, and the phone number of the teleconference
location.” The motion carried 4-1 with Council Member Chang voting no.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events,
including the Cherry Blossom Festival, Taiwan Sister City trip, Silicon Valley Korean School,
and League of California Cities Bocce ball event.
Mayor Wong asked staff to include on a future Council meeting include a discussion about
establishing a policy for time limits associated with the initial stage of the Petition for
Reconsideration hearing, to determine if the five criteria for a substantive discussion had been
met.
ADJOURNMENT
At 11:45 p.m. p.m. the meeting was adjourned.
____________________________
Kimberly Smith, 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.
21
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, May 17, 2011
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
CLOSED SESSION
1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10346
Scenic Circle Blvd., Cupertino, CA 95014; Negotiator: Carol Atwood; Under negotiation:
terms
Mayor Wong announced that the City Council did not meet in closed session due to lack of
business.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Gilbert Wong 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 Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
CEREMONIAL MATTERS – PRESENTATIONS
2. Subject: Proclamation recognizing May 15-21, 2011 as National Public Works Week
Recommended Action: Present proclamation
Public Works Director Timm Borden introduced a video which was shown over-viewing the
Public Works department. Mayor Wong presented the proclamation to Director Borden.
3. Subject: Presentation from the Cupertino-Hsinchu Sister City organization about the student
exchange program
Recommended Action: Receive presentation
Description: The participants are 15 students from Cupertino Union School District, and
Fremont Union middle and high schools
President of the Hsinchu Sister City Committee Angela Chen talked about the trip that
students recently took to Hsinchu. Tim Kenworthy, teacher at Lynbrook High School,
22
May 17, 2011 Cupertino City Council Page 2
introduced a video that was shown highlighting the trip. He introduced three students who
spoke about their experiences in Hsinchu: Janeah from Lawson Middle School, Christopher
from Monta Vista High School, and Jasmine from Lynbrook High School.
Mayor Gilbert Wong explained that Cupertino has three Sister Cities: Copertino in Italy,
Toyokawa in Japan, and Hsinchu in Taiwan. He thanked the adult delegation who went with
the students to Hsinchu. Council members Orrin Mahoney and Mark Santoro also briefly
talked about their experiences on the trip.
Cupertino Union School District Board member Ben Liao talked about his experience on the
trip and thanked the City and the Committee for maintaining the Sister City relationship.
Council member Kris Wang explained the beginning of the Hsinchu Sister City relationship
and Council member Barry Chang noted that he was also part of the original delegation to
Hsinchu.
Ms. Chen acknowledged the groups that made the trip possible and presented a gift from the
Mayor of Hsinchu to Mayor Wong. Janice Sung was also acknowledged by the City Council
for her efforts.
4. Subject: Presentation from the Public Safety Commission
Recommended Action: Receive presentation
Public Safety Commission Chair Tamara Pow talked about the things they have been
working on including: walk, bike, carpool (WBC) to school incentives and approved grants
for school safety; Boltage System which electronically tracks the frequency of walkers and
bikers to school; survey of WBC to school to see if incentive dollars are making a difference;
response to citizen complaints such as speed of cars during school hours, congestion, and
crosswalk hazards; crossing guard study; AlertSCC Awareness Project and goal of increasing
participation of Cupertino residents; and liaisons and communication to other commissions
such as the Teen and the Bicycle Pedestrian commissions. She noted that the work program
for this year is to continue the WBC incentives, AlertSCC, and involvement with the City’s
emergency preparedness. She introduced the rest of the commission members.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt noted the following written communications:
· A project location map for item number 12, Garden Gate sidewalk installation
· An email from Susan Sievert for item number 13, report on golf course irrigation upgrade
· A staff PowerPoint presentation for item number 13
· A staff PowerPoint presentation for item number 14, Stevens Creek Corridor Park, Phase
II
· A redline draft ordinance for item number 15, to regulate smoking in recreational areas
· A staff PowerPoint presentation for item number 16, pavement management program
23
May 17, 2011 Cupertino City Council Page 3
ORAL COMMUNICATIONS
Public Safety Commissioner Craig Lee talked about issues that came before the City Council
recently relevant to public safety which the Commission was not informed ahead of time nor
asked to review or comment on them by the City. One was an ordinance regarding smoking in
City parks and another was an ordinance regarding stop signs at Bandley and Mariani. He said
would like the commission to be able to be more involved on issues that come through City staff
to the City Council for review.
Steve Pon talked about high rent in Cupertino and asked Council to put in a rent control. Staff
referred him to West Valley Community Services.
Michael Gottwald said that Monta Vista High School is having a ceremony on May 27 at 3:30
p.m. to change the name of the aquatic center to the Ron Freeman Aquatics Center, in honor of
the athletic director who recently passed away.
CONSENT CALENDAR
Wang moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended, Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
5. Subject: Accounts Payable for period ending April 22, 2011
Recommended Action: Adopt Resolution No. 11-075
6. Subject: Accounts payable for period ending April 29, 2011
Recommended Action: Adopt Resolution No. 11-076
7. Subject: Accounts Payable for period ending May 6, 2011
Recommended Action: Adopt Resolution No. 11-077
8. Subject: Payroll for period ending April 29, 2011
Recommended Action: Adopt Resolution No. 11-078
9. Subject: Declare brush growing on certain properties a public nuisance and set hearing date
for June 7 for objections to proposed removal
Recommended Action: Adopt Resolution No. 11-079
10. Subject: Municipal Improvements, James R. Courtright and Pamela L. Courtright, 21914
Hermosa Avenue, APN 357-16-048
Recommended Action: Accept Municipal Improvements
Description: The work included curb & gutter, driveway approach, and sidewalk
improvements
11. Subject: Municipal Improvements, Stephen Fung, 21900 Alcazar Avenue, APN 357-14-034
Recommended Action: Accept Municipal Improvements
24
May 17, 2011 Cupertino City Council Page 4
Description: The work included curb & gutter and driveway approach improvements
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS - None
UNFINISHED BUSINESS - None
NEW BUSINESS
12. Subject: Garden Gate Sidewalk Installation Project No. 2009-9549
Recommended Action: Review bids and award contract to J.J.R. Construction, Inc. for the
construction of the Garden Gate Sidewalk Installation Project No. 2009-9549, in the amount
of $259,000.00, and approve a construction contingency of $50,000.00 to cover any
unforeseen work required to complete the project, for a total of $309,000.00
Written communications for this item included a project location map.
Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation
and answered questions from Council.
Mahoney moved and Wang seconded to award the contract to J.J.R. Construction and to
approve the construction contingency. The motion carried unanimously.
13. Subject: Report on the Golf Course Irrigation Upgrade – Stevens Creek Corridor Park, Phase
II Trail & 8th Hole Conflict Mitigation Alternatives
Recommended Action: Receive Report
Written communications for this item included an email from Susan Sievert and a staff
PowerPoint presentation.
Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation.
Council asked questions of staff. Staff will bring back information on water rights and an
ROI (return on investment).
Council received the report and no action was taken.
14. Subject: Stevens Creek Corridor Project, Phase II - Funding Report and Authorization to
Continue Design
Recommended Action: Authorize staff to continue design and accept the California River
Parkways Grant of $1.215 million
Written communications for this item included a staff PowerPoint presentation.
Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation.
25
May 17, 2011 Cupertino City Council Page 5
Donna Austin said that the proposal still shows the trail crossing the creek and going through
the orange orchard rather than adhering to the existing dirt path between the orchard and the
creek. She said she didn’t see the need to take the orchard trees when the path next to the
creek is more pleasant and would save a lot of the orchard.
Anne Ng, Board member for Friends of Stevens Creek Trail and representative on the
Stocklmeir Task Force, said that she is glad the City received the grant that makes the trail
and creek restoration possible and urged Council to accept the grant and proceed with the
design as shown.
Council asked questions of staff.
Chang moved and Mahoney seconded to authorize staff to continue the design and accept the
California River Parkways grant. The motion carried unanimously.
ORDINANCES
15. Subject: Ordinance to regulate smoking in recreational areas
Recommended Action: Conduct the second reading of Ordinance No. 11-2077: “An
Ordinance of the City Council of the City of Cupertino adopting Chapter 10.90 of the
Municipal Code to regulate smoking in recreational areas”
Written communications for this item included a redline draft ordinance.
Mahoney moved and Wang seconded to read the ordinance by title only and that the City
Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney,
Santoro, Wang, and Wong. Noes: None.
Mahoney moved and Wang seconded to enact Ordinance No. 11-2077. Ayes: Chang,
Mahoney, Santoro, Wang, and Wong. Noes: None.
STAFF REPORTS
City Manager Dave Knapp noted dates for the upcoming Council meetings including a budget
study session at 3:00 on May 23, City Manager evaluation on May 23 following the study
session, and Teen Commission interviews at 3:30 on May 25.
Council recessed from 8:41 p.m. to 8:50 p.m.
16. Subject: Report on the Pavement Management Program, Street Conditions, and Preventative
Maintenance
Recommended Action: Receive Report
Written communications for this item included a staff PowerPoint presentation.
26
May 17, 2011 Cupertino City Council Page 6
Public Works Director Timm Borden and Assistant Public Works Director Roger Lee
reviewed the staff report via a PowerPoint presentation.
Jennifer Griffin said she was glad to see that Bollinger was on the list since there are some
bad potholes on that street.
Council asked questions of staff.
Council received the report and no action was taken.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:50 p.m., the meeting was adjourned to a special meeting that immediately followed to
discuss possible recommendations to the Santa Clara County Citizens Redistricting Commission,
Cupertino Community Center, 10350 Torre Avenue.
____________________________
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.
27
May 17, 2011 Cupertino City Council Page 7
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment 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 §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office 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.
28
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
Tuesday, May 17, 2011
ROLL CALL
At 10:00 p.m. Mayor Gilbert Wong called the special meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
Orrin Mahoney, and Kris Wang. Absent: none.
NEW BUSINESS
1. Subject: Santa Clara County Citizens Redistricting Commission
Recommended Action: Discuss possible recommendation to the Santa Clara County Citizens
Redistricting Commission
Public and Environmental Affairs Director Rick Kitson reviewed the staff report.
Cathy Helgerson said that there has been no publicity about this item and residents need a say
in what’s going on. She said she would like the citizens notified about what will happen and
any repercussions for Cupertino.
Jennifer Griffin said Cupertino needs to look at the repercussions of redistricting and noted
that she doesn’t want to move to a different district.
Mahoney moved and Chang seconded to direct staff to write a letter to the Redistricting
Commission noting that Map one is preferred, Maps three and four are acceptable, and
Council strongly opposes Maps two and five. Council also noted that the letter should include
that Cupertino would like to remain in the same district as Lehigh, and with similar
communities such as those abutting the foothills and those that have high tech companies.
ADJOURNMENT
At 10:43 p.m., the meeting was adjourned to Monday, May 23, 3:00 p.m. in the Emergency
Operations Center, City Hall, 10300 Torre Avenue, to conduct a study session on the FY 2011-
2012 budget.
____________________________
Grace Schmidt, Deputy City Clerk
29
May 17, 2011 Cupertino City Council Page 2
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.
30
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Wednesday, May 25, 2011
ROLL CALL
At 3:42 p.m. Mayor Gilbert Wong called the meeting to order in City Hall Conference Room A,
10300 Torre Avenue, Cupertino, California.
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang,
and Orrin Mahoney. Absent: Council member Kris Wang.
COMMISSION INTERVIEWS
1. Interview applicants for vacancies on the Teen Commission.
Written Communications for this meeting included a letter to Council from the Teen
Commission with a recommended list of characteristics for the upcoming teen
commission members.
The City Council interviewed 66 applicants from grades eight through twelve. The
following 5 individuals were appointed to 2-year terms:
Madeline Yip
Sanika Puranik
Greg Pommier
Dana Lujack
Ashley Ding
ORAL COMMUNICATIONS - None
ADJOURNMENT
At 11:45 p.m. the meeting was adjourned.
____________________________
Grace Schmidt, Deputy City Clerk
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 Internet at
www.cupertino.org.
31
May 25, 2011 Cupertino City Council Page 2
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.
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RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN
THE CITY AND DEVELOPERS, JIN FENG CHOU AND LILLIAN CHOU,
10207 ORANGE AVENUE, APN 357-15-036
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and Developers, Jin Feng Chou and Lillian Chow, for
the installation of certain municipal improvements at 10207 Orange Avenue, and said agreement
having been approved by the City Attorney, and Developer having paid the fees as outlined in
the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
60
Resolution No. 11-
Page 2
EXHIBIT “A”
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPERS: JIN FENG CHOU AND LILLIAN CHOU
LOCATION: 10207 ORANGE AVENUE, APN 357-15-036
PART A Faithful Performance Bond: $ 7,590.00
110 2211
PART B Labor and Material Bond: $ 7,590.00
110 2211
PART C. Checking and Inspection Fee: $ 2,468.00
110 4538
PART D. Development Maintenance Deposit: $ 1,000.00
110 2211
PART E. Storm Drainage Fee – Basin 2 $ 148.07
215 4072
PART F. Street Light - One-Year Power Cost: N/A
110 4537
PART G. Map Checking Fee: N/A
110 4539
PART H. Park Fee - ZONE II N/A
280 4082
PART I. Reimbursement Fee: N/A
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2180021851
2170122198
22138
219172190121799219012188521875218652185721881218712186121841218312181521910219002185121825
21835
2180521845
219042190021810218302182021841218582187021908219122186921911218412183121815
217132188010326
2173021720217082170021921219252190721691217402169021745217432174121821218352192121901218551039510151
10205
10221 10225219112192121910218902185121872218102182021840219142192010135
10405
10261
10271
10281
10291
10353
10355
10357
10361
10435
10425
104152175121741217622181821800218912177121761216852176021870219252191521909218712186521835218152183121685217612191421820218302183621850219002168621688216922169021680216782169621694216862
1
6
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2169621695
21706217152168221700216982168410207
10261 2179510276
10284
10310
10320
10330
10340
10350
10360
10382
10394
10315
10325
10217
10225
10206
10260
10268
103611017810175
10141
10155
10165
10121
21750
21740
10420
10450 1024910121
10195
10205
10221
1024810190
10131
21831218012186521861218512181121909
2185021914219082190021905219012187522168218392182121822
2192121918217112191110121
10223
10217
217322173421730
21736
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2188021866219202180110421
10411
10381
21816218282186021909218002181021860218702184121856218442184110351
10331
2175521881217012170321675102471013 5
1014 1 10130
2168010201
10210
10200
10120
2175110130
10136
10140
216762167410292
10300
2182121821218712173321731217402172021730217101018110185 21697216992169510140
216912173110408
10218
10232
10228
10238
217932179110208
10232
10216
ORANGEALCAZAR
OLIVE
LOMITA
ALMADEN
DOLORES
HERMOSA
PASADENASAN FERNANDO
BERRYIMPERIALALMADENLOMITA
¯Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue.
Recommended Action: Adopt Resolution No. 11-_____
76
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN
THE CITY AND DEVELOPER, VIJAY KUMAR ERANTI,
22641 ALCALDE ROAD, APN 342-29-036
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and Developer, Vijay Kumar Eranti, for the installation
of certain municipal improvements at 22641 Alcalde Road, and said agreement having been
approved by the City Attorney, and Developer having paid the fees as outlined in the attached
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
77
Resolution No. 11-
Page 2
EXHIBIT “A”
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPER: VIJAY KUMAR ERANTI
LOCATION: 22641 ALCALDE ROAD, APN 342-29-036
PART A Faithful Performance Bond: $ 6,270.00
110 2211
PART B Labor and Material Bond: $ 6,270.00
110 2211
PART C. Checking and Inspection Fee: $ 2,468.00
110 4538
PART D. Development Maintenance Deposit: $ 1,000.00
110 2211
PART E. Storm Drainage Fee – Basin 2 $ 243.75
215 4072
PART F. Street Light - One-Year Power Cost: N/A
110 4537
PART G. Map Checking Fee: N/A
110 4539
PART H. Park Fee - ZONE II N/A
280 4082
PART I. Reimbursement Fee: N/A
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10387
10459
10473
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10651
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1039810401
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224712247310690
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10663 2259010545
106251063210634
1064210638
10636 10492104552268322655226062270010495
10485
104871048410452104541046210464104721047410482
1046510467104751047710447104451045722561225392251922641226272261322589225752260010535
10530
10554 10555
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1056622680
10670
10651
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10631
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10381
226741038022716
1051522530226322262022630
22545
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10616
1064610650
1064522714 FOOTHILLALCALDE
MERRIMANSANTA LUCIALOCKWOODCORDOVAMARIANISTMEADOW
KINST
STEVENS CANYONMERRIMANCORDOVA¯Subject: Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road.
Recommended Action: Adopt Resolution No. 11-_____
93
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, JIN FENG CHOU AND LILLIAN CHOU,
10207 ORANGE AVENUE, APN 357-15-036
WHEREAS, Jin Feng Chou and Lillian Chou., have executed a “Quitclaim Deed and
Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing
the City of Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real property situate in the City of Cupertino, more
particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
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219172190121799219012188521875218652185721881218712186121841218312181521910219002185121825
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217132188010326
2173021720217082170021921219252190721691217402169021745217432174121821218352192121901218551039510151
10205
10221 10225219112192121910218902185121872218102182021840219142192010135
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2192121918217112191110121
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2182121821218712173321731217402172021730217101018110185 21697216992169510140
216912173110408
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217932179110208
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10216
ORANGEALCAZAR
OLIVE
LOMITA
ALMADEN
DOLORES
HERMOSA
PASADENASAN FERNANDO
BERRYIMPERIALALMADENLOMITA
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou and Lillian Chou, 10207Orange Avenue.
Recommended Action: Adopt Resolution No. 11-______.
99
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, KELLY-GORDON DEVELOPMENT CORP., A CALIFORNIA
CORPORATION, 10239 AMELIA COURT, APN 326-17-063
WHEREAS, Kelly-Gordon Development Corp., has executed a “Quitclaim Deed and
Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing
the City of Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real property situate in the City of Cupertino, more
particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
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10151
10201
10185
10076100551007510208
10116
22341
22320
1 0 1 3 3
10221
10211
10201
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1 0 1 8 1
1 0 1 4 3 1 0 1 4 0
10150
10190
22330
10288
102771028710297102672223022250102571024710161
10200
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101092224022
2
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1 0 1 6 0
10130
101151019510105101001009010131
10151
10091
10123 2227710171
10231
1023910239
HILLCRESTCRESCENTAMELIAAINSWORTHVISTA K
N
O
LL
VARIANKENDLE
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10239Amelia Court.
Recommended Action: Adopt Resolution No. 11-______.
106
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, KELLY-GORDON DEVELOPMENT CORP., A CALIFORNIA
CORPORATION, 10239 AINSWORTH DRIVE, APN 326-17-064
WHEREAS, Kelly-Gordon Development Corp., has executed a “Quitclaim Deed and
Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing
the City of Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real property situate in the City of Cupertino, more
particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
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10076100551007510208
10116
22341
22320
1 0 1 3 3
10221
10211
10201
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1 0 1 8 1
1 0 1 4 3 1 0 1 4 0
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22330
10288
102771028710297102672223022250102571024710161
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101092224022
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1 0 1 6 0
10130
101151019510105101001009010131
10151
10091
10123 2227710171
10231
1023910239
HILLCRESTCRESCENTAMELIAAINSWORTHVISTA K
N
O
LL
VARIANKENDLE
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10239Ainsworth Drive.
Recommended Action: Adopt Resolution No. 11-______.
113
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, KELLY-GORDON DEVELOPMENT CORP., A CALIFORNIA
CORPORATION, 10231 AMELIA COURT, APN 326-17-062
WHEREAS, Kelly-Gordon Development Corp., has executed a “Quitclaim Deed and
Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing
the City of Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real property situate in the City of Cupertino, more
particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
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10076100551007510208
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22320
1 0 1 3 3
10221
10211
10201
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1 0 1 4 3 1 0 1 4 0
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10288
102771028710297102672223022250102571024710161
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1 0 1 6 0
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101151019510105101001009010131
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10091
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10231
1023910239
HILLCRESTCRESCENTAMELIAAINSWORTHVISTA K
N
O
LL
VARIANKENDLE
¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10231Amelia Court.
Recommended Action: Adopt Resolution No. 11-______.
120
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS, VIJAY KUMAR ERANTI,
22641 ALCALDE ROAD, APN 342-29-036
WHEREAS, Vijay Kumar Eranti, has executed a “Quitclaim Deed and Authorization”,
which is in good and sufficient form, quitclaiming all rights in and authorizing the City of
Cupertino, County of Santa Clara, State of California, to extract water from the underground
basin, underlying that certain real property situate in the City of Cupertino, more particularly
described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
121
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22690225722257410594
10535
10564
10555 2256022562225202255010505
10501
1055510571
10531
10535
10627
10629
10631
10633
1063522 5402255022560
22555
22535 2251510445 10444
10458
10472
10488
10387
10459
10473
2247210641
10651
10566
10586
10575
10625
10576
10532
10534
10595
10430
10414
1039810401
10417
10431
10487
10591
10556
10620
10399
10385
10631
10585
10593
10605
10629
10680
10413 10412
10397
10382
10596
10630 10620
10598
10600
10584
10582
10570
10588
10590
224712247310690
10668
10650
10551
10583
10655
10663 2259010545
106251063210634
1064210638
10636 10492104552268322655226062270010495
10485
104871048410452104541046210464104721047410482
1046510467104751047710447104451045722561225392251922641226272261322589225752260010535
10530
10554 10555
10540
1056622680
10670
10651
10638
10611
10631
10615
10580
10546
104132262410398
10381
226741038022716
1051522530226322262022630
22545
22520225302252510614
10616
1064610650
1064522714 FOOTHILLALCALDE
MERRIMANSANTA LUCIALOCKWOODCORDOVAMARIANISTMEADOW
KINST
STEVENS CANYONMERRIMANCORDOVA¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar Eranti, 22641 Alcalde Road.
Recommended Action: Adopt Resolution No. 11-______.
126
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN
324-17-109.
Recommended Action
Accept Municipal Improvements.
Discussion
The applicants have completed City-specified improvements in the City right-of-way including
curb and gutter as required by the improvement agreement with the City.
_____________________________________
Prepared by: Chad Mosley, Associate Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
127
2277210892
10640
11042
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11072
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10684
10672
10700
10714
10728
10744
1 0 7 8 4
1 0 7 9 4
10680
10690
10625
1087310903
10913
1093310943110021101211022
11032 2229622650
226902257222574104451043510425 1 04 34
104441043610446
10675
10700224022238110594
1 0 6 3 5
10535
10676
224322242222401223062230310665
11023
11033
11043 1093210922109021091210872 2239210564
10555
223912 2 4 4 2
22441
2
2
4
3
1
224211 0 8 0 4
10793 10689107072256022562225202255022762
227662238022396224082241722405223892243310397
1040710427104371040610416 10426227442276010376
10396
10407103771 0 3 8 7
2230410754
2
2
4
4
7
22422224322 2 4 3 8
22441103961038610376103661037710387
2252510397
10900
10570
10610
10505
10501
10524
10560
10550
10580
106001055510571
10531
10535
10490
10627
10629
10631
10633
1063510637225 402255022560
22555
22535
10379 10378
1038810389
22515103981 0 9 8 0
1 0 9 7 0
109601 0 9 0 1
109 30
109 20
1 0 9 1 0
1 0 9 0 0 108701095010940109511044510444
10458
10472
10488
10387
10459
10473
22343
22350223602236222372223742238022472224602246210641
10700
10651
10566
10586
10575
2244222450223982241010625
10576
10532
10534
224552237122549
2255122495224832247510595
2234522347
2239322381224402242410430
10414
1039810401
10417
10431
10487
2283122339
2
2
7
7
0
10670
2
2
7
7
6
10591
227502236110375
2275110556
2
2
8
0
0
2
2
8
1
0
10620
10399
10385
10631
10585
10593
10605
10629
2
2
7
8
0
2
2
7
9
022821 10404
1041410405 10394
10384
10374
10395
10385
2284010680
10695
10413 10412
10397
10382
109401091510930
109501 0 9 8 01096010970 109451095510370
10382
10406
10418
10365
2243110385
10419
10397
224902235022475223702237422360224592235322363223742238422394223932238322571225612255122414224242243422413224442244322404224032235422364224332242322475
224552231522325223352235522365223662235622316223062 2 4 3 6
2 2 4 5 622715 10554
22820
2 2 4 3 5
2241522305223442238522395225812253022540225602258422600226402262010739 2236022670
22767
22777 223711050010535
22801
22701
22690
10490
10571
223922240622420
22740
22760
10596 2241522425224012238522681
10701
10707
10723
10725
10751 10741
10715
10590
10630
22448 2235110620
22434
22437 22423 22409 22395
10598
10600
10584
10582
10570 2242010588
10590
22660 223882236822379 22363
22650 223611056510538
10580
22608
22586 2247122473224612246322451
22460
10744
10690
10668
10650
10525
10521
10517 10511
10551
10583
10655
10663
10530
22590
22600
22577
22637
22639
22641
22645
22711
22666
22646
22630
22620
22640
22610
22825
22570
10675
10555
1056022477224352243322447224502249022478
10692106961070010704
11041 1095010655 2244110360
22590224222246222864
10585
10773
10568
10545
10578
107212222210825
1070810712
10720107241072810732
1074010744
10736
10523
1088910875 109051093522820
109521095410925225801 0 9 2 1109651088310893
10923
109611072911401
10625
22661224672248710775
10805
10685 10645
10688
10581
22975
1063210634
1064210638
10636
22402
10406
10414
1049222465224232245510398
10398
10455226832265522606227002274010386
22823
22811
22765 2248722415224342243022380224322243622468224602246410495
10485
104871048410452104541046210464104721047410482
1046510467104751047710447104451045722561225392251922641226272261322589225752260010535
10530
10554 10555
10540
1056622680
10670
10651
10638
10611
10631
10615
10580
10546
22484
10380
2248222438224422246122421104132262410398
10381
226741038022716
10460
1051522530226322262022630
22545
22520225302252510614
10616
1064610650
10690
10645
10692
10679
106831070510751 22470224382242622412223962238210716
22463224732248310774107641076210760107701077210750
2263522601
22571
22572
226212260522763
10549
10645
10424 10426
22714VOSS
BALBOA STEVENS CANYONSAN JUAN
ALCALDE
PALM
FOOTHILLCORDOVAP
O
R
T
O
L
A
SANTA LUCIA
AVENIDA
MERRIMANRIVERSIDE
R IC A R D O
E L C E R R I T O
M E R C E D E S
MCCLELLAN
DEEP CLIFFKESTERSANTA PAULALOCKWOOD
ST ANDREWS
RANCHO DEEP CLIFF
MIR
A
M
O
N
T
E SAN LEANDROSAN JACINTOWALNUT
PALO VISTAA
LI
C
I
A
PALOMAMELISSA DREAKINSTMERRIMAN
¯Subject: Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road.
Recommended Action: Accept Municipal Improvements
128
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding
redistricting.
Recommended Action:
Consider making a recommendation.
Description:
Every ten years, the US government conducts a nationwide census to determine the population. With the
updated census numbers, legislative districts are redrawn to reflect changes in population. As a result,
Santa Clara County has created a Citizen Redistricting Commission to redraw the boundaries for the five
supervisorial districts. Concurrently, a statewide California Citizens Redistricting Commission has been
established to redraw state and federal district lines (previously, these had been determined by
legislature). How the lines are drawn may impact Cupertino and the City’s ability to influence regional,
statewide and national issues.
Discussion:
The County Commission has made no specific recommendations to the Board of Supervisors. The State
Commission has until August 15 to approve district lines. Both commissions seek public input as part of
their deliberations.
The city Council has previously recommended to the Santa Clara County citizens redistricting
commission that Cupertino be considered a “Community of Interest.” A copy of that letter is attached.
_____________________________________
Prepared by: Rick Kitson, Public and Environmental Affairs Director
Approved for Submission by: David W. Knapp, City Manager
Attachment A: Letter to the Santa Clara County Citizens Redistricting Commission dated May
18, 2011.
Attachment B: Article from Cupertino.Patch.com from May 20, 2011.
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May 18, 2011
Susanne Wilson, Chair
Santa Clara County Citizens Redistricting Commission
County Government Center
70 West Hedding Street
San Jose, California 95110
Dear Chairperson Wilson,
The Cupertino City Council sincerely appreciates the work of the Santa Clara County Citizens
Redistricting Commission. These profoundly difficult and important decisions determine the
character of our communities and of our government. To this end, the Cupertino City Council
has carefully considered and weighed the five options that have been articulated and illustrated in
the five maps currently before the redistricting commission.
· The Cupertino City Council unanimously approves and supports map number one
(Supervisorial Districts Map 1 (Emphasis: No Changes) April 7, 2011).
· The Cupertino Council finds unanimously acceptable maps three (Map 3 replaced by Map 4:
Supervisorial Districts Map 3 (Emphasis: Sunnyvale to D3) April 7, 2011) and four to be
acceptable (Supervisorial Districts Map 4 (Emphasis: Sunnyvale to D3) April 21, 2011).
· The Cupertino City Council unanimously opposes maps numbers two (Supervisorial
Districts Map 2 (Emphasis: Sunnyvale to D5) April 7, 2011) and five (Supervisorial Districts
Map 5 (Emphasis: Sunnyvale to D5 and Conformity to San Jose Council Districts) May 5,
2011).
Consistent with the guidelines of the commission, the Cupertino City Council feels strongly that
Cupertino should continue to be closely associated with communities in the county that have
similar hi-tech economies. Likewise, since its incorporation, Cupertino has always associated
communities with similar geographic dispositions, such as proximity to the foothills. Lastly,
OFFICE OF THE MAYOR
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3212 • FAX (408) 777-3366
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Cupertino has worked for many years to mitigate the impacts of the Lehigh Hanson Cement
Plant and Quarry on our community. Cupertino must remain in the same supervisorial district as
Lehigh.
Cupertino’s concerns warrant the commission’s most serious consideration and protection. By
almost every possible measure, west valley communities have been shown to share common
social and economic interests. We trust that the Redistricting Commission will take the
Cupertino City Council’s unanimous recommendation into consideration when making its final
recommendation to the Board of Supervisors.
On behalf of the entire Cupertino City Council, please accept our gratitude and thanks for the
important recommendation the commission must make.
Sincerely,
Gilbert Wong
Mayor
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Cupertino.Patch.com: Government
Where Cupertino Lands is Now in Supervisors' Hands
The Citizens Redistricting Commission forwards maps to supervisors with no specific
recommendations.
By Pam Marino | May 20, 2011
It’s still anyone’s guess where Cupertino will wind up on the Santa Clara County supervisorial
districts map, after the Citizens Redistricting Commission sidestepped taking any stands on
boundaries Thursday night.
The commission voted unanimously to send seven maps to the Santa Clara County Board of
Supervisors, with no rankings or judgments. Commission Chairwoman Susanne Wilson will
present the maps to the supervisors at 1:30 p.m. June 7 at the county headquarters, 70 W.
Hedding St., San Jose. The supervisors must decide on a final map by Aug. 15.
Cupertino council members Barry Chang and Orrin Mahoney pleaded Cupertino’s case on
Thursday to remain in District 5. They underscored the city’s desire to remain in the same
district as Lehigh Southwest Cement Plant and Quarry, as well as with West Valley cities that
share boundaries with the county’s western hillsides.
The challenge before supervisors is how to balance all the competing interests to create districts
that have roughly the same population in each, as well as keeping what are known as
“communities of interest” together.
By far the biggest challenge is accommodating the city of Sunnyvale. Officials there are pushing
to be included as a whole in District 5, instead of its current state of being split between districts
3 and 5. Yet any move by the second-largest city in the county would most likely mean pushing
smaller cities like Cupertino and Saratoga into either districts 1 or 4.
While many of the 11-member commission advocated putting Sunnyvale wholly in District 5,
some suggested taking an incremental approach, by moving more of Sunnyvale into the district
this year, with an eye toward moving more of it after the 2020 Census.
Even officials from competing cities said they are sympathetic to Sunnyvale’s plight, but not at
the risk of forcing other cities into districts they don’t share interests with.
“We’re eager to help our neighbor Sunnyvale achieve its goals, but we think we know what’s
best for the West Valley cities,” Mahoney told commissioners.
Once supervisors receive the maps from the commission, they can either choose one, or make
their own tweaks and revisions.
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And expect politics to come more into play. With Liz Kniss terming out of the District 5 seat
next year, potential candidates from Cupertino and Saratoga could have a lot to lose if moved
into districts 1 or 4, which elected Mike Wasserman and Ken Yeager, respectively, last
November. Candidates would have to wait three years and then face a tough race against an
incumbent.
Four of the maps now under consideration are on the county’s website. Three more were
introduced Thursday night and had not been uploaded by the time Patch posted this story. Below
is a summary of the maps the supervisors will receive from the commission:
Map 1: No change to boundaries. Cupertino and Saratoga remains in District 5. Sunnyvale
remains split between 3 and 5. This map was officially endorsed by the Cupertino City Council
on Tuesday.
Map 2: All of Sunnyvale in District 5, pushing Cupertino and Saratoga into District 4, joining
Campbell and parts of San Jose. Lehigh remains in District 5. This map was deemed
“unacceptable” by Cupertino’s Council.
Map 4: Sunnyvale goes as a whole to District 3, something Sunnyvale officials have said is
unacceptable to them, because they do not share as many interests with San Jose and Milpitas, as
they do cities to the north in District 5. Cupertino and Saratoga remain in District 5. This map
was also officially endorsed by the council on Tuesday.
Map 5: Created by Sunnyvale officials, this map puts Sunnyvale in District 5, Cupertino and
Saratoga in District 1. Lehigh remains in District 5. Also deemed “unacceptable” by the council.
Mayor Gilbert Wong has pointed out that Cupertino does not share the same interests as the more
agricultural communities of Morgan Hill and Gilroy.
Map 6: Introduced by Sunnyvale officials on Thursday night, this map also puts Sunnyvale in
District 5, and Cupertino and Saratoga in District 1. According to Sunnyvale Vice Mayor James
Griffith, Lehigh remains with Cupertino. Mahoney told commissioners that based on the same
reasons the Cupertino council rejected Maps 2 and 5, it would reject Map 6.
Map “XX”: Cupertino and Saratoga in District 1; Lehigh in District 5. Takes an incremental
approach to moving Sunnyvale into District 5. More of the city would come into the district this
year, with an eye to possibly moving more in after the 2020 Census. Sunnyvale Mayor Melinda
Hamilton was strongly against this map, saying that voters north of Highway 101 would be
disenfranchised.
Map “Sunnyvale D”: Places Cupertino in District 5, Saratoga in District 1, and splits Sunnyvale
vertically down Wolfe Road. Everything to the west of Wolfe in District 5, to the east, District 4.
Former Saratoga Mayor Kathleen King spoke out against the map, because she said her city
wants to remain with cities with similar issues, like Cupertino, and should remain in the same
district as the unincorporated hillsides within the city’s sphere of influence.
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Annual approval and renewal of the collection of existing storm drain fees at no increase in rates
for fiscal year 2011-2012.
Recommended Action
Adopt Resolution No. 11-____.
Discussion
Since 1992, the Nonpoint Source Program, mandated by the State of California and the US
Environmental Protection Agency regulations, has been funded locally from a storm fee applied
to each property in the City. The fee, collected by the Santa Clara County Tax Collector and
provided to the City, is subject to annual review and approval by the City Council.
The existing storm drain fees support the City’s State and federally mandated programs and State
water quality control requirements. Also supported by these funds, are the operation and
maintenance of storm drain facilities (to the extent not covered by existing General Fund
activities), a portion of the annual street sweeping contract, funding for regional watershed
monitoring and other compliance work conducted on behalf of the cities and agencies by the
Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP).
The fees have remained the same since they were first levied in 1992 and no increase is
proposed. The annual fees for each property category are as follows:
Category Rate per Year
Single-Family, Town homes, Condominiums $ 12.00 / premise
Commercial/Industrial/Apartments $ 144.00 / acre
Unimproved/Recreation $ 36.00 / acre
Fiscal Impact
The fee schedule when levied on all properties in the City of Cupertino generates approximately
$366,000. The proposed program budget for FY 2010-2011 is approximately $500,000. This
budgeted amount represents increased staff time for mandatory inspections and data tracking to
prevent illegal discharges and connections to the City storm drain system and impact to State
134
waters. The budgeted amount is necessary to meet increasingly stringent State and Federal clean
water requirements, higher municipal National Pollutant Discharge Elimination System
(NPDES) fees proposed by the State and an increase in SCVURPPP (countywide collaborative)
program costs. The difference between the budgeted amount and the revenue from fees will be
covered by the General Fund. Any increase in the current fee amount would be subject to the
two-thirds vote provisions of Proposition 218 and no change is recommended at this time.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A - Resolution, Approving the Renewal and Collection of the Existing Storm Drain Fees
135
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2011-2012
WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code
Chapter 3.36 for the purpose of meeting the City’s federally mandated Nonpoint Source Control and
Stormwater Management Program and establishing the authority for imposing and charging a storm
drainage service charge; and
WHEREAS, a report concerning the method of assessing an environmental fee to fund the
City’s Nonpoint Source Program was prepared by the Director of Public Works pursuant to Section
3.36.080(B) of the City’s Municipal Code and filed with the City Clerk on April 7, 2011. A report,
entitled “Engineer’s Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source
Pollution Program”, was prepared by the Director of Public Works and is dated May 27, 2011; and
WHEREAS, the report, filed with the City Clerk, was available for public inspection and
review ten (10) days prior to this public hearing; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled “Engineer’s Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Program” and the testimony received at this public
hearing, the City Council hereby approves the report and herein incorporates it in the resolution.
2. There is a need in the City for the continuation of a storm drainage service charge to
cover the costs of the federally mandated program as heretofore described, in that properties within the
city will not otherwise contribute their fair share towards this program and without the availability of
such storm drainage service charge, the City’s general fund will be depleted.
3. The facts and evidence presented establish that there is a reasonable relationship
between the need for this fee and the impacts for which this fee shall be used, and that there is a
reasonable relationship between the fee’s use and the properties, which are to be charged this fee.
These relationships or nexuses are described in more detail in the above referenced report.
4. The amounts of the fee for each category of property, as set forth below, are reasonable
amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study.
5. It is further determined that each and every parcel of land contained in said report will,
and has received a benefit of the storm drainage system and that the charges imposed herein on each
such parcel are in conformity with the benefits that such parcel has received as further described in the
report.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The storm drainage service charge shall continue to be charged to each parcel
within the city to cover the costs of the City’s federal and state requirements for Nonpoint Source
Control and a Stormwater Management Program.
2. Use of Revenue. The revenue derived from said charge shall be used in connection with
implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled “Storm Drainage
Service Charge” and Chapter 9.18 entitled “Stormwater Pollution Prevention and Watershed
Protection.”
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
Commercial/Industrial premises $144.00/acre
Unimproved/Recreational $ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the
date of its adoption.
137
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ __________________________
City Clerk Mayor, City of Cupertino
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EXHIBIT A
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint
Source Pollution Program mandated by the Environmental Protection Agency (EPA). Regulations
by the EPA and the State of California require cities to take specific actions to eliminate or control
pollutants in waters of the State.
The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment and
chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other
exposed surfaces are washed off by rainfall and carried away by stormwater runoff into local creeks
and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil,
pesticides, fertilizers, chemicals, eroded soil, detergents, paints, litter and other discarded material
carried through the storm drain system, without treatment, directly to the Bay. These pollutants are
hazardous to aquatic and human life.
The City of Cupertino has implemented several programs to mitigate this problem that include
elimination of illegal discharges and waste disposal into storm drains, monitoring pollutants, public
education and public awareness, and operation and maintenance of storm drain facilities.
The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the
Municipal Regional Permit (MRP) on October 14, 2009. The permit was issued to 76 agencies or
co-permittees (including the City of Cupertino) which discharge storm water through drainage
systems to the San Francisco Bay. The MRP includes several mandated requirements that are
being phased in over five years. The Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) has had to increase its co-permittee assessments by about 20% to meet
these new requirements. The Order requires Bay Area municipalities to install trash full-capture
devices to remove trash and debris from thirty percent of a city’s wholesale and commercial land
use acreage. The City of Cupertino is on record as having 213 acres of wholesale and commercial
land use area. The City must also inspect and clean its drain inlets and storm drain conveyance
system annually prior to the rainy season. With these and various other MRP requirements on the
horizon the City has had to increase the NPS budget to ensure continued compliance. While
Proposition 218 essentially prevents the City from increasing stormwater fees, it is important that
the fees that have been in place since 1992 continue to be collected.
139
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2011-2012 is approximately $520,000. The breakdown of costs is outlined as follows:
Countywide Program $ 120,000
Regional Watershed Monitoring
State National Pollutant Discharge Elimination System (NPDES) Permit Fees
Public Education, Public Awareness and Staff Training
CA Stormwater Quality Association (CASQA) Guidance Manuals
SCVURPP Program Fee - Collaborative Implementation of Permit Requirements
Municipal Permit Compliance Policy Implementation
Operations and Maintenance $ 180,000
Catch Basin Cleaning
Street Sweeping
On-call Spill Response
City Public Education Awareness $ 50,000
Public Outreach Materials & Events
Third-Grade Creek Education for Local Schools
Support for High School Watershed and Creek Education
Support for De Anza College and Community Environmental Education
Local Programs $ 170,000
Administration and Ordinance Revisions
Reports to State SF Bay Water Board
Database Administration
Illegal Discharge Detection & Elimination Investigation and Enforcement
Industrial/Commercial Inspection and Enforcement Program
Construction Site Inspection and Control Program
New Development Implementation of Low Impact Development (LID)
Trash Management Requirements and Litter Abatement
_______
TOTAL $ 520,000
C. Revenue and Assessment
Revenues generated to fund this program are based on a factor calculated from the City's Master
Storm Drain Study runoff coefficients and average area of impervious surface per acre based on
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type of land-use development. The factor for each category is based on a comparison to an average
residential parcel assigned a factor of one.
The following table represents the approximate revenue stream for different categories of
development.
No. Parcels Annual Revenue
Development Category Factor or Acre Cost/Unit Generated
Residential 1 15,579 Pcl $ 12.00 $ 186,948
Commercial/Industrial/
Apartments 12 1,016.59 Ac 144.00 $ 146,388
Unimproved/Recreational 3 931.94 Ac 36.00 $ 33,549
_________
TOTAL $ 366,885
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
____________________________
Timm Borden
Director of Public Works
5/27/11
141
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Fiscal year 2011-12 Budget
Recommended Action
Conduct the first of two public hearings on the FY 2011-12 Budget.
Description
The purpose of tonight’s hearing is to continue the preliminary review of the annual budget and
to give the public an opportunity to comment before its adoption on June 21, 2011.
Discussion
An in-depth review of the budget was presented to City Council at the budget work session on
May 23, 2011. During the study session, the Council discussed our general fund financial
situation, the fiscal strategic plan, change in program levels, departmental budgets and the five-
year capital improvement program.
Fiscal Impact
Discussed in proposed budget for fiscal year 2011-12 dated May 23, 2011.
_____________________________________
Prepared by: David Wood
Reviewed by: Carol Atwood
Approved for Submission by: David W. Knapp, City Manager
Attachments: None
142
OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Receive any objections to proposed removal of brush and order abatement of the public
nuisance.
Recommended Action
Adopt resolution as presented by staff.
Description
City-wide brush abatement pursuant to provisions of Ordinance No. 724 and Resolution No. 11-
079
Discussion
On May 17, 2010, Council adopted Resolution No. 11-079 setting a hearing to consider any
objections of property owners to the proposed removal of brush. After adoption of that
resolution, the Santa Clara County Fire Department sent notice of the abatement program and
hearing to the property owners on the notification list.
_____________________________________
Prepared by: Grace Schmidt, Deputy City Clerk
Reviewed by: Kimberly Smith, City Clerk
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A. Draft resolution
B. Parcel abatement list
C. Non-compliance letter sent to property owners by the County Fire Department
D. 100-foot clearance letter sent to property owners by the County Fire Department
E. 30-foot clearance letter sent to property owners by the County Fire Department
F. Citation notice left on door of property owners by the County Fire Department
G. Abatement fee schedule
143
RESOLUTION NO. 11-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING
ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF
ORDINANCE NO. 724 AND RESOLUTION NO. 11-079
WHEREAS, the City Council has declared that the growth of brush upon the
private properties as described in Resolution No. 11-079 to be a public nuisance; and
WHEREAS, after due notice, a hearing thereon was held at a meeting of the City
Council on June 7, 2011; and
WHEREAS, from the evidence presented, both oral and written, it appears to be
in the best interests of the City to acquire jurisdiction over and abate said nuisance.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Office of the Agricultural Commissioner is hereby ordered to
abate such nuisance or cause the same to be abated by having the brush referred to
destroyed or removed by cutting, discing, chemical spraying or any other method
determined by him; that all debris, whether in piles or scattered, be hauled away;
2. That the Agricultural Commissioner and his deputies, assistants,
employees, contracting agents or other representatives shall have express authorization to
enter upon said private properties for the purpose of causing said public nuisance to be
abated; and
3. That any affected property owners shall have the right to destroy or
remove such brush or debris himself or herself or have the same destroyed or removed at
his/her own expense provided that such destruction or removal shall have been completed
prior to the arrival of the Office of the Agricultural Commissioner or his authorized
representative to destroy or remove them.
BE IT FURTHER RESOLVED:
1. That the Office of the Agricultural Commissioner shall keep account of
abating said nuisance and embody such account in a report and assessment list to the City
Council, which shall be filed with the City Clerk.
2. Said reports of costs, hearing and collection procedures involved shall be
provided as stated in Ordinance No. 724.
144
Resolution No. 11- 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 7th day of June 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ __________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City
Council seats.
Recommended Action
Adopt resolution as presented by staff.
Description
Council member Kris Wang will be termed out, and Council member Gilbert Wong is eligible to
run for one additional four-year term.
Discussion
Cupertino elections take place in November of odd-numbered years. The City contracts with the
County of Santa Clara Registrar of Voters’ Office to provide services such as ballot printing,
precinct set-up, and vote counting. July 6 is the deadline for submitting the City’s resolution to
request those services.
_____________________________________
Prepared by: Kimberly Smith, City Clerk
Reviewed by: Carol Atwood, Administrative Services Director
Approved for Submission by: David W. Knapp, City Manager
Attachments: Draft Resolution
155
RESOLUTION NO. 11-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL CALLING FOR A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011,
REQUESTING CONSOLIDATION WITH OTHER NOVEMBER ELECTIONS,
AND REQUESTING THAT THE REGISTRAR OF VOTERS CONDUCT THE
ELECTION AND CANVASS THE VOTES
WHEREAS, November 8, 2011, is the date set by law for the election of council
members and for any city measure(s); and
WHEREAS, the city clerk is enjoined by law to take all steps necessary for the holding
of said election;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino:
1. A general municipal election is called for November 8, 2011, to fill the two city council
seats now occupied by council members Kris Wang and Gilbert Wong.
2. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the elections and canvass the returns. The Registrar shall be reimbursed for all
costs incurred by said services;
3. The City of Cupertino requests that said election be consolidated with other November
elections, and agrees that this governing body consents to such consolidation;
4. The city clerk is hereby authorized and directed to certify to the adoption of this
resolution, and to transmit a certified copy to the Registrar of Voters and to the Board of
Supervisors of Santa Clara County.
5. The city clerk is authorized and directed to publish a notice of election within the time
and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 7th day of June, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_______________ ________
Kimberly Smith, City Clerk Gilbert Wong, Mayor
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OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on
June 14, 2011.
Recommended Action:
Approve requested fee waiver of $320.
Description:
The Continental Army was established 236 years ago.
The Army has requested use of the Quinlan Community Center Terrace and Social Room for
four hours on June 14, 2011, in order to hold a community celebration of its 236th birthday and
to conduct a meeting of its Silicon Valley Citizens Advisory Board.
Discussion:
The Army was established to defend the colonies and secure their independence. Over the years
the nature of military service, and of the families of those who serve, has changed profoundly.
Families of soldiers that once lived on base, now live throughout our community.
In addition to recognizing those who serve our nation as part of an all-volunteer army, the
proposed celebration and ceremony will be followed by a public meeting at which the Army will
solicit public input and participation in an ongoing effort to support its soldiers, their families,
and the communities in which they live.
_____________________________________
Prepared by: Rick Kitson, Public and Environmental Affairs Director
Approved for Submission by: David W. Knapp, City Manager
157
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
2011 Contractual Street Sweeping Services.
Recommended Action
Review bids and award contract for Street Sweeping Services, Project No. 2011-02 to Contract
Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to
cover extra sweeping that may be required on the commercial route, for a total of $137,097.68.
Discussion
This project is for annual Street Sweeping Services and is funded in the Resource Recovery and
the Non Point Source budgets. The project consists of the Contractor sweeping City commercial
and residential streets throughout the year. Residential and commercial streets are swept two
times per month and Foothill Boulevard will be swept three times a week. Staff is in discussion
with Stevens Creek Quarry, Inc. and LeHigh Cement, Inc. for a cost sharing agreement for the
sweeping of Foothill Boulevard. The term of the agreement is five years with satisfactory
performance, starting on July 1, 2011 and can be extended for an additional five years, for a total
of ten years. Upon one year of satisfactory performance the contract price will be increased or
decreased based on the consumer price index (CPI) for all union wage earners on the anniversary
date of the agreement.
The following is a summary of the bids received for the project:
BIDDER BASE BID
Budget Estimate $200,000.00
Broom Service Inc. $197,113.92
Universal Building Services $179,904.00
Clean Sweep $143,724.00
Contract Sweeping Services $117,097.68
The low bidder is Contract Sweeping Services, Inc. for the amount of $117,097.68.
As part of this bid there are items for Emergency and Scheduled Extra Work as needed on an
hourly rate basis or on a curb mile rate basis. When necessary this work would be billed in
addition to the monthly miles swept.
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Contract Sweeping Services, Inc. bid on this project in the past. Our current sweeping contract is
Don and Mike’s Commercial Sweeping, Inc. Don and Mike’s Commercial Sweeping, Inc.
contract price is $144,084, plus $18,000 for potential extra sweeping.
Fiscal Impact
This action would require expenditure from the approved Resource Recovery Budget Account
No. 520-8003-7106 in the amount of $57,097.68 and from the Non Point Source Budget Account
No. 230-8004-7014 in the amount of $60,000.00, and additional expenditures thereafter from the
Resource Recovery Account up to an additional $20,000, if emergency or additional sweeping is
required.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: None
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
2011 Contractual Janitorial Services.
Recommended Action
Review bids and award contract for Janitorial Services, Project No. 2011-01 to Clean
Innovation, Inc. in the amount of $373,800.00.
Discussion
This contract is for annual Janitorial Services and is funded in various budgets within the
General Fund. The project consists of the contractor providing annual Janitorial Services
to thirteen facilities, bus stop locations, and park restrooms. The term of the agreement is
two years with satisfactory performance, starting on July 1, 2011 and can be extended on
a year-to-year basis for two additional one-year terms, for a total of four years. Upon one
year satisfactory performance the contract price will be increased or decreased based on
the consumer price index (CPI) for all union wage earners.
The following is a summary of the bids received for the project:
BIDDER BASE BID
Total Quality Maintenance, Inc. $496,212.00
Budget Estimate $400,000.00
Clean Innovation, Inc. $373,800.00
The low bidder is Clean Innovation for the amount of $373,800.00.
Clean Innovation, Inc. has been our current provider of contract Janitorial Service since
2007. Their work has been acceptable. The current annual cost for Janitorial Service is
$326,028. The primarily reason for the increase is the addition of a “day porter” at the
Library/Community Hall. In addition to the City of Cupertino, Clean Innovations
provide services to the Santa Clara Valley Water District, County of Monterey, and
Fujitsu America.
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Fiscal Impact
This action would require expenditures from various General Fund Accounts: Facilities –
$308,880.00, Grounds - $60,600.00, and Right of Way Maintenance - $4,320.00 and then
annually for up to four years total with CPI adjustment.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: None
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
2011 Contractual Crossing Guard Services.
Recommended Action
Review bids and award contract for Crossing Guard Services, Project No. 2011-03 to
American Guard Services, Inc. in the amount of $118,540.80.
Discussion
This contract is for annual Crossing Guard Services and is funded from the General Fund.
The project consists of the contractor providing Crossing Guard Services to twelve (12)
intersections throughout the school year. The term of the agreement is two years with
satisfactory performance, starting on July 1, 2011 and can be extended on a year-to-year
basis for two additional one-year terms, for a total of four years. Upon one year
satisfactory performance the contract price will be increased or decreased based on the
consumer price index (CPI) for all union wage earners.
The following is a summary of the bids received for the project:
BIDDER BASE BID
Budget Estimate $137,500.00
All City Management Services, Inc. $121,737.60
American Guard Services, Inc. $118,540.80
The low bidder is American Guard Services, Inc. for the amount of $118,540.80.
American Guard Services, Inc. provides crossing guard services for the Cities of Davis
and Concord. The City of Cupertino currently contracts with All City Management, at an
annual cost of $134,429 plus approximately $24,000 for the addition of two crossing
guards at the tri-school area. This new agreement includes the tri-school additions. The
contract with All City Management expires June 30, 2011.
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Fiscal Impact
This action would require expenditure from the approved General Fund Budget Account
No. 110-8201-7014 in the amount of $118,540.80, and then annually for up to four years
total with CPI adjustment.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: None
163
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 7, 2011
Subject
Second reading of an ordinance to place stop signs on Bandley Drive at Mariani Avenue.
Recommended Action
Conduct second reading of Ordinance No. 11-2078, Amending Section 11.20.030 of the
Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required
at Certain Intersections; Bandley Drive at Mariani Avenue.
Discussion
On May 3, 2011 conducted the first reading of the Municipal Code amendment to establish an all
directional vehicular stop controlled intersection at Bandley Drive and Mariani Avenue
Authority is granted to local jurisdictions to place stop signs through Section 22450(b) of the
CVC, which states, “Notwithstanding any other provision of law, a local authority may adopt
rules and regulations by ordinance or resolution providing for the placement of a stop sign at any
location on a highway under its jurisdiction where a stop sign would enhance traffic safety.”
No other changes have been made to the Ordinance since it was last presented to the Council.
Fiscal Impact
The cost of installing the signs and striping on Bandley Drive is incorporated into the annual
operational budget of Public Works staff. There is no additional fiscal impact for this work.
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
Attachment A - Ordinance
Attachment B - Diagram of the intersection
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ORDINANCE NO. 11-2078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 11.20.030 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO ESTABLISHMENT OF ALL-DIRECTIONAL VEHICULAR STOP
REQUIRED AT CERTAIN INTERSECTIONS;
BANDLEY DRIVE AT MARIANI AVENUE
The City Council of the City of Cupertino does hereby ordain that Section 11.20.030 be
amended to include the following:
Section 11.20.030 All-Directional Vehicular Stop Required at Certain Intersections.
Bandley Drive at Mariani Avenue
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd
day of May, 2011 and ENACTED at a regular meeting of the City of Cupertino this 7th day of
June, 2011 by the following vote:
Vote Council Members
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________ ______________________________
Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino
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MARIANI AVEBANDLEY DRSTOP SIGNS TO BE INSTALLED
ATTACHMENT B
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