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101-Draft minutes.pdf AGENDA CUPERTINO CITY COUNCIL CUPERTINO REDEVELOPMENT AGENCY Regular Meetings Tuesday, September 20, 2011 City Council Meeting 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. CLOSED SESSION - None CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamation recognizing The Forum on their 20th anniversary Recommended Action: Present proclamation Mr. Richard Mohler expressed his appreciation of the city’s support on behalf of the 500 members of the Forum senior living facility and its 300 employees. He also stated that the vision of the El Camino Hospital Doctor’s Group initiated the steps leading to the construction of 320 apartments and villas and a 100 bed assisted and skilled nursing facility. He expressed appreciation for Cupertino’s partnership in the continuing development of the community. Mr. Mohler also introduced executive director Nancy Kao, marketing director Jean Newton, and assistant executive director James Lambert. Mayor Wong presented the proclamation to Mr. Mohler. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • No. 10 - Email from Rhoda Fry regarding CEQA requirements on the Stevens Creek Trail project September 20, 2011 Cupertino City Council Page 2 • No. 10 – Email from Ann Ng in support of approving environmental documents for the Stevens Creek Corridor Park • No. 11 – Emails from Ann Ng and Dick Blaine in support of providing funds and renaming the Mary Avenue Bicycle Footbridge in honor of former Mayor Don Burnett. ORAL COMMUNICATIONS Cathy Helgerson addressed the council regarding the Apple facility next to her home. She stated that a 12 foot high second story was being added to the building with an enclosure around the air conditioning which was not only ugly, but the nitrogen tank and compressor was noisy. She expressed concern that pollution would continue to be an issue with this facility and requested that council provide an answer to this issue. Janice Chua, owner of the Bitter+Sweet coffee shop, thanked everyone for welcoming her into the city and for allowing outdoor seating so quickly. She stated that her goal is to make the café a place where the community comes together. Ms. Chua stated that they had already done some fund-raising for West Valley Community Services and another event was being planned for October. R. J. Cunningham expressed his concerns about the health and environmental impacts of Lehigh Cement Plant. He stated that he felt that the city should join other cities in the area to put pressure on Lehigh to reduce its emissions. 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. 2. Subject: September 6 City Council minutes Recommended Action: Approve minutes 3. Subject: Accounts Payable for period ending August 26, 2011 Recommended Action: Adopt Resolution No. 11-159 4. Subject: Accounts Payable for period ending September 2, 2011 Recommended Action: Adopt Resolution No. 11-160 5. Subject: Payroll for period ending September 2, 2011 Recommended Action: Adopt Resolution No. 11-161 6. Subject: Municipal Improvements, Sang Oh Lee and Hye Young Lee, 22685 Stevens Creek Boulevard, APN 342-12-024 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter and driveway approach improvements September 20, 2011 Cupertino City Council Page 3 7. Subject: Municipal Improvements, Carola V. Elliott, 10128 Lebanon Drive, APN 342-14-023 Recommended Action: Accept Municipal Improvements Description: The work consisted of sidewalk, curb & gutter and driveway approach improvements 8. Subject: Municipal Improvements, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, street tree and driveway approach improvements 9. Subject: Stevens Creek Corridor Project Phase 2, Project 9134 – Grant application authorization Recommended Action: Adopt Resolution No. 11-162 authorizing application for Habitat Conservation Fund Funding for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 UNFINISHED BUSINESS 10. Subject: Stevens Creek Corridor Park and Restoration Phase 2 - Environmental clearance documents Recommended Action: Adopt the mitigated negative declaration and associated environmental clearance documents for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Parks and Recreation Director Mark Linder highlighted the staff report. Mayor Wong opened the public hearing. There were no speakers and the public hearing was closed. Mahoney moved and Wong seconded to adopt the mitigated negative declaration and associated environmental clearance documents. The motion carried unanimously. NEW BUSINESS 11. Subject: Appropriation of Match Funding for Dedication of Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Approve the appropriation of funds to match contribution Description: The official name of the formerly known Mary Avenue Bridge is now the “Don Burnett Bicycle-Pedestrian Bridge.” The Friends of Don Burnett has asked for the City’s assistance in coordinating and advertising a naming ceremony to be held at the south entrance to the bridge on October 8, 2011. The Friends would also like the City’s assistance in matching funds for a plaque that will be installed near the bridge approach. Assistant Public Works Director Glenn Goepfert presented the staff report. Mrs. Nancy Burnett explained that her husband Don Burnett a vision decades ago for a bicycle and pedestrian bridge, and worked on various agencies even after his term ended on September 20, 2011 Cupertino City Council Page 4 Cupertino City Council to make his vision a reality including the Santa Clara County Water District Advisory, and the Valley Transportation Authority. He helped form the Bike and Pedestrian Committee, and felt that the bridge could be a useable landmark for Cupertino. Mrs. Burnett noted that there would be a signage dedication ceremony on October 8 at 10:00 a.m., and she urged the council to approve the appropriation of funds to match contributions. Dick Blaine stated that Caltrans would make signs, but it was felt that the type of signs available from that source would not be appropriate for the community or for the memory of Don Burnett. He requested that council approve the appropriation of funds to match contribution, and said that donations could be made payable to the DeAnza Optimist Club of Cupertino. Mahoney moved and Wang seconded to approve the appropriation of funds to match the contribution from the Friends of Don Burnett for the signage and dedication ceremony to be held on October 8, 2011, in an amount not to exceed $4,000. The motion carried unanimously. 12. Subject: Library Commission's recommendation for the appointment of the first Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 11-163 approving the appointment Mr. Ron Miller, member of the Cupertino Library Commission, and chair of the Cupertino Poet Laureate Committee, reviewed the staff report. He stated that 12 applications were received and reviewed extensively. He introduced David Denny as the selected candidate for the Poet Laureate position and invited everyone to attend a celebration scheduled for Saturday, September 24 at 1:00 p.m. in the Quinlan Community Center. Santoro moved and Wang seconded to adopt Resolution No. 11-163 approving the appointment of Mr. David Denny as Cupertino’s first Poet Laureate. The motion carried unanimously. ORDINANCES 13. Subject: Ordinance to "Opt-In" to a Voluntary Alternative Redevelopment Program under ABx1 27, the Voluntary Program Act Recommended Action: Conduct second reading and enact Ordinance No. 11-2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment Program pursuant to part 1.9 of the California Community Redevelopment Law" Interim City Attorney Gary Baum highlighted the staff report. 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. September 20, 2011 Cupertino City Council Page 5 Mahoney moved and Wang seconded to enact Ordinance No. 11-2080. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including Fall Festival, Bridge to Health event, and the Hindu American Foundation. Council member Santoro requested that staff send a courtesy response to those who expressed concern regarding the Stevens Creek Cooridor Phase 2 documents concerning the bridge, in terms of floods, the number of cars in the parking lot, and a pinch point where it comes into Stevens Creek Boulevard. JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Present: Chairman Gilbert Wong, Vice-Chairman Mark Santoro, and Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 14. Subject: Agency Transfer Payment Agreement Between the Cupertino Redevelopment Agency and the City of Cupertino Recommended Action: A. Redevelopment Agency action: Adopt Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino B. City Council action: Adopt Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency Description: The Agreement carries out the remittance payments required under the new opt- in ordinance that allows the Redevelopment Agency to continue its existence. Since the Agreement is between the Agency and the City, the Agency Board and City Council both need to adopt resolutions for the Agreement. Interim City Attorney Gary Baum highlighted the staff report. He stated that should the city fail to pass the resolution, the city’s General Fund would be required to pay $542,000.00 to the State this fiscal year with additional payments in subsequent years. Mahoney moved and Wang seconded to adopt Redevelopment Agency Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino. The motion carried unanimously. September 20, 2011 Cupertino City Council Page 6 Mahoney moved and Wang seconded to adopt City Council Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency. The motion carried unanimously. ADJOURNMENT of the City Council and Redevelopment Agency At 7:40 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.