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CUPEI(fINO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, April 17, 2007
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre
A venue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kris Wang, and Council members Richard Lowenthal, Orrin Mahoney, and Dolly
Sandoval. Absent: Vice-Mayor Patrick Kwok.
CLOSED SESSION - None
CEREMONIAL MATTERS - PRESENT A TIONS
1. Vallco update. (No documentation in packet).
Vallco General Manager Mike Rohde noted that the theaters would open April 27 with a
ribbon-cutting ceremony sponsored by the Chamber of Commerce. He showed pictures of
the various aspects of the theater, including the lobby, ticket stand, concession area, new
floor, and mall entry and exits. He noted that a fundraiser, benefiting the Cupertino
Education Endowment Foundation (CEEF), would be held on Monday, April 23 at 6:00
p.m. to unveil the theater mural. He said that Strike! bowling alley is on schedule to open
mid-July, and California Pizza Kitchen (CPK) and Islands Restaurant are still in progress.
He said that there is a lot of interest in leasing the retail and food court areas, and that
Cupertino Square mall signage would be going up later in the week.
POSTPONEMENTS
Deputy City Clerk Grace Schmidt noted that there was a request from some of the neighbors to
postpone item No. 16 regarding the Rl ordinance.
Sandoval/Mahoney moved and seconded to continue item No. 16 to May 1. The motion carried
unanimously with Vice Mayor Kwok absent.
April 17,2007
Cupertino City Council
Page 2
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as
recommended. Ayes: Wang, Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Absent:
Kwok.
2. Approve the minutes from the April 3 City Council meeting.
3. Adopt resolutions accepting Accounts Payable for March 23 & 30, and April 6,
Resolution Nos. 07-057 through 07-059.
4. Adopt a resolution accepting Payroll for April 6, Resolution No. 07-060.
5. Approve the City Investment Policy for 2007.
6. Adopt a resolution authorizing the City Manager to sign a joint powers agreement with
the California State Association of Counties Excess Insurance Authority to purchase
excess workers' compensation of insurance, Resolution No. 07-061.
7. Accept city projects performed under contract: 2006 Pavement Restoration Project, G.
Borto10tto & Co., Inc., Project No. 2006-02. (No documentation in packet).
The City's contractor G. Bortolotto & Co., Inc., has completed construction on the City's
Pavement Restoration Project for 2006. The Pavement Restoration project has typically
been budgeted in the Five Year Capital Improvement program as a Pavement
Management project that involves removal and replacement of specific areas of pavement
on various streets where the pavement surface or the underlying pavement has failed or
shows evidence of imminent failure.
8. Accept municipal improvements, Mu Wai Lui & Yuet-Lin Z. So, 10111 Santa Clara
Avenue, APN 326-24-025. (No documentation in packet).
These applicants have completed City-specified improvements in the City right-of-way,
including curb, gutter, and sidewalk work, as required by the improvement agreement
with the City for a single-family dwelling building permit.
9. Adopt resolutions approving improvement agreements:
a) Joseph Jen-Kun Yen, 21872 Hermosa Avenue, APN 357-16-051, Resolution No.
07 -062
April 17, 2007
Cupertino City Council
Page 3
b) Tiep D. Nguyen and Myha P. Nguyen, 22850 San Juan Road, APN 342-18-044,
Resolution No. 07-063
Through an improvement agreement with the City for a single-family development
building permit, this applicant will be obligated to bond and construct city-specified
roadside improvements, including curb, gutter, sidewalk, and driveway, along the street
frontage of their building site.
10. Adopt a resolution approving a grant of easement for streetlight purposes, Nam Keun Oh,
Myong Ja Oh, and Sandra Oh, 18945 Tilson Avenue, APN 375-14-020, Resolution No.
07-064.
The owners grant the City of Cupertino, for public roadway purposes, the right of way to
construct, repair, operate, and maintain any and all public utilities and improvements that
shall be or become
necessary.
11. Adopt a resolution approving a grant of easement for roadway purposes, Joseph Jen-Kun
Yen, 21872 Hermosa Avenue, APN 357-16-051, Resolution No. 07-065.
The owner grants the City of Cupertino, for public roadway purposes, the right of way to
construct, repair, operate, and maintain any and all public utilities and improvements that
shall be or become
necessary.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None
PUBLIC HEARINGS
12. Consider adopting a Resolution Vacating a Public Utility Easement at 10720 A1derbrook
Lane, APN 369-20-047, Resolution No. 07-066. (Continued from April 3).
Council member Dolly Sandoval recused herself from this item and left the chamber at
7:10 p.m.
Lowenthal/Mahoney moved and seconded to adopt Resolution No. 07-066. The motion
carried unanimously with Vice Mayor Kwok and Council member Sandoval absent.
Council member Sandoval returned to the dais at 7:12 p.m.
UNFINISHED BUSINESS - None
NEW BUSINESS
13. Approve the July 1, 2007 through June 30,2010 terms and conditions of employment for
the Cupertino City Employees' Association (CEA), Operating Engineers, Local Union
No.3 (OE3) and unrepresented employees:
April 17, 2007
Cupertino City Council
Page 4
a) Amend the Memorandum of Understanding between the City and the Cupertino
City Employee's Association, Resolution No. 07-067
b) Adopt a resolution amending the Memorandum of Understanding between the
City and the Operating Engineers Local Union No.3 (OE3), Resolution No. 07-
068
c) Amend the compensation program for unrepresented (management and
confidential) employees, Resolution No. 07-069
Mahoney/Lowenthal moved and seconded to adopt Resolution Nos. 07-067, 07-068, and
07-069. The motion carried unanimously with Vice Mayor Kwok absent.
14. Consider the Public Safety Commission's request to adopt the Cupertino Health and
Safety Fair as a City-sanctioned event.
Assistant Public Works Director Glenn Goepfert reviewed the staff report.
Fari Aberg, Public Safety Commissioner, urged Council to endorse this event. She
described last year's successful event.
Sandoval/Lowenthal moved and seconded to endorse the event and to place the budget
for this item on the Council agenda during the regular budget session. The motion carried
unanimously with Vice Mayor Kwok absent.
15. Confirm May 30 at 4:00 p.m. to hold a budget advisory session. (No documentation in
packet).
Council concurred to hold the meeting on June 4 at 5:00 p.m.
ORDINANCES
16. Conduct the second reading of Ordinance No. 07-2000: "An Ordinance of the Cupertino
City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family
Residential Zones (Rl) Regarding Buildings Proposed on Properties with an Average
Slope Equal to or Greater than Fifteen Percent, Application No. MCA-2006-0 1."
Under postponements, this item was continued to May 1.
ST AFF REPORTS
17. Receive status report on General Fund Revenue and Expenditures. (No documentation in
packet).
April 17,2007
Cupertino City Council
Page 5
Administrative Services Director Carol Atwood highlighted the current revenues and.
expenditures.
The City Council received the report and directed the City Manager to ask the Library
how long it would take to open on Mondays after Council provided funding.
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 7:45 p.m. the Council meeting was adjourned.
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Grace Schmidt, City Clerk
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.Click on
Agendas & Minutes/ City Council/ Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience on the web site: Visit www.cupertino.org and click on View Meetings Online.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel, 777-2364.