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CC 10-02-2012 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Adjourned Meeting Tuesday, October 2, 2012 CITY COUNCIL MEETING ROLL CALL— 5:05 PM At 5:09 p.m. Mayor Mark Santoro called the Regular Adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. COMMISSION INTERVIEWS 1. Subject: Parks & Recreation Commission interviews for unscheduled vacancy Recommended Action: Conduct interviews Council interviewed Sashi Begur, Geoffrey Paulsen, Heather Dean, Sivakumar Budaraju, Fari Aberg, and Judith Wilson and appointed Sivakumar Budaraju to a partial term ending January, 2016 (counts as a first term). Council recessed from 6:16 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE—6:45 PM At 6:45 p.m. Mayor Mark Santoro reconvened the Regular Adjourned City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Presentation from the Cities Association of Santa Clara County regarding their organization, background, and priorities for 2012 Recommended Action: Receive presentation Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency Executive Director Raania Mohsen gave a presentation on the Cities Association of Santa Clara County via a PowerPoint presentation. She gave background on the organization and highlighted the Association's Mission and Guiding Principle; Boards, Committees and Community Partners; actions taken and issues addressed by the Association; and the Association's 2012 priorities. She explained that the meetings are public and are held on the second Thursday of each month. She said that all Council members are welcome to attend, including the upcoming Annual Holiday Party event up on December 6 at the Fairmont Hotel beginning at 6:00 p.m. 2a. Subject: Proclamation for the 50th Anniversary of the Northwest YMCA Recommended Action: Present Proclamation Mayor Santoro presented the proclamation to Executive Director Sue Ball on behalf of the Northwest YMCA. She said that this is the best YMCA she has been a part of due to the members, volunteers, donors, and community. She presented a YMCA t-shirt to the Mayor. 2b. Subject: Proclamation for the Third Anniversary of C Magazine Recommended Action: Present proclamation Mayor Santoro presented the proclamation to Donna Austin on behalf of Ruby Elbogen of the C Magazine. Donna thanked the Mayor for recognizing the magazine and noted that people can also access the magazine online at www.cupertinodaily.com. 2c. Subject: Proclamation for the First Anniversary of the Twigs, a social and charitable branch of Quota International Recommended Action: Present proclamation Mayor Santoro presented the proclamation to a small group representing the Twigs. Liz Yang thanked the Mayor for the honor and talked a little bit more about the organization. She noted that the Luna Film Festival would take place in April at the Bluelight Cinema in Cupertino. POSTPONEMENTS - None ORAL COMMUNICATIONS Emily Poon, Secretary of the Civic Park Masters Association asked Council for help with two issues. First, they don't have an APN (parcel number) yet even though the association has been in existence for five years. The second issue is a potential violation of the protected tree ordinance. She explained that an Oak tree on the property measuring seven inches in diameter was ailing and in danger of damaging the surrounding sidewalk so it was taken down. She said they then received a letter from the Planning department noting that they were not exempted by the tree ordinance since they are a common interest or planned development and would be fined for taking down the tree. She explained that the public utilizes the area even though it is actually a private park and that the surrounding buildings pay monthly dues to keep up the park. She showed a map of the area and the surrounding trees noting the area of the tree in question. She asked Council for leniency before the October 4 Code Enforcement deadline. Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency City Manager David Brandt said staff would be bringing the tree ordinance to Council early next year and could hold off on Code Enforcement. Council agreed to hold off on enforcement at this time and asked staff for more information regarding this issue in case it wouldn't be addressed in the tree ordinance. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 3. Subject: September 18 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending September 14, 2012 Recommended Action: Adopt Resolution No. 12-113 5. Subject: Accounts Payable for period ending September 21, 2012 Recommended Action: Adopt Resolution No. 12-114 6. Subject: Cancel the first meeting in January, 2013 Recommended Action: Cancel meeting 7. Subject: Authorize the City Manager to enter into an agreement extending the existing agreement for consultation services with Insight Consulting Services through June 30, 2016 Recommended Action: Extend the term of the existing agreement 8. Subject: Parks and Recreation Commission Work Plan for Fiscal Year 2012 - 2013 Recommended Action: Approve the Parks and Recreation Commission Work Plan 9. Subject: Alcoholic Beverage License, Aloft Hotel, 10165 N De Anza Boulevard Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place 10. Subject: The City's intent to vacate portions of easements on properties near the north approach to the Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Adopt Resolution Nos. 12-115 and 12-116 setting a public hearing for November 5, 2012 11. Subject: 2012 Surface Transportation Program (STP) Overlay Project Re-Bid, Project No. 2012-05 Recommended Action: Authorize Director of Public Works to award contract to O'Grady Paving, in the amount of $388,855.60, and approve a construction contingency of $100,000.00, for a total of$488,855.60 Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency 12. Subject: Municipal Improvements, 790 South Blaney Avenue Recommended Action: Accept Municipal Improvements Description: The applicant has completed City-specified improvements in the City right-of- way including driveway approach, sidewalk, curb ramp and curb & gutter as required by the improvement agreement with the City SECOND READING OF ORDINANCES -None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 13. Subject: Funding the Environmental Education Center Project Recommended Action: Appropriate funds for the Environmental Education Center Project Written communications for this item included an addendum to the staff report, McClellan Ranch Master Plan 2012 Update, SCCP Master Plan and Restoration Plan, and a staff PowerPoint presentation. Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Council directed staff to bring back a schematic design of the project sometime in January. Parks and Recreation Director Mark Linder noted that the Parks & Recreation Commission would also be working on this issue by holding focus groups with science educators and the Teen Commission, and would have a community process to be coordinated with Director Borden's schedule before coming back to Council. Wong moved and Mahoney seconded to appropriate funds for the Environmental Education Center Project. The motion carried unanimously. 14. Subject: Environmental Education Center and Outdoor Gathering Shelter Design Agreement Recommended Action: Authorize the City Manager to negotiate and execute a consultant services agreement for design services not to exceed $200,000 Director of Public Works Timm Borden reviewed the staff report. Chang moved and Mahoney seconded to authorize the City Manager to negotiate and execute a consultant services agreement for design services not to exceed $200,000. The motion carried unanimously. 15. Subject: Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden Avenue between Byrne Avenue and Orange Avenue, pursuant to Ordinance No. 1925 Recommended Action: Adopt Resolution No. 12-117 Description: Property owners along the frontage of Almaden Circle and Almaden Avenue between Byrne Avenue and Orange Avenue have circulated a petition in support of altering Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency their neighborhood designation to semi-rural by waiving sidewalks. This semi-rural application applies only to properties within these designated streets Written communications for this item included an email from Mark Burns supporting the project. Director of Public Works Timm Borden reviewed the staff report. Director Borden noted that staff would send out notices to the neighborhood in advance of the Council meeting in the future for all semi-rural petitions so the neighbors would be well- informed of the hearing. Wong moved and Sinks seconded to adopt Resolution No. 12-117. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:15 p.m. the meeting was adjourned. Grace Schmidt, 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 Agenda & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.