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CC 05-17-11 RegularIi m MINUTES CUPERTINO CITY COUNCIL C U P E RT I N O 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 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, 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; AIertSCC 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, AIertSCC, 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 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. l 1 -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 May 17, 2011 Cupertino City Council 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 Page 4 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. 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. 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.oriz 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. 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 quaLLfied 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.