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CC 04-17-07 IT F 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. ~d1fi1AJf- 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.