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.