101-A - Draft Minutes.pdf
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
Tuesday, May 21, 2013
CITY COUNCIL MEETING
ROLL CALL
At 6:18 p.m. Mayor Orrin Mahoney called the City Council meeting to order.
Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry
Chang, Mark Santoro, and Rod Sinks. Absent: none.
CLOSED SESSION
1. Subject: Workersʹ Compensation Claim (Govʹt Code Section 54956.95); Claimant:
Athena Miller; Agency Claimed Against: City of Cupertino
At 6:18 p.m. Council recessed to a closed session, and reconvened in open session at
6:45 p.m. Mayor Mahoney announced that Council obtained a briefing from legal
counsel and gave directions.
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Orrin Mahoney reconvened the City Council meeting and led the
Pledge of Allegiance.
ROLL CALL
Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry
Chang, Mark Santoro, and Rod Sinks. Absent: none.
CEREMONIAL MATTERS AND PRESENTATIONS
Tuesday, May 21, 2013 Cupertino City Council
Successor to the Redevelopment Agency
2. Subject: Proclamation for the Organization of Special Needs Families (OSF)
Presidential Award
Recommended Action: Present proclamation to the 22 Presidential award recipients
Mayor Mahoney presented the proclamations to Shereen Lee, Rajesh Sakhamuru,
Amy Tsai, Qian Li, Varchita Alishetti, Ruchika Podury, Joy Li, HoJin Kevin Chun,
Anisha Tavva, Jihwan James Jeong, Albert Lin, WoongJin Brian Chun, Ryan Louie,
Louis Luan, Brian Bek, Sahana Asokan, Meena Rajan, Molly Vora, Michelle T. Tsai,
Gina Rhee, Jonathan Lee, and Priyanka Tavva
3. Subject: Presentation by Hsinchu Sister City Committee regarding recent trip
Recommended Action: Receive presentation
Hsinchu Sister City Association Co‐President Janice Sung noted that one board
member and two teachers chaperoned 25 students on the April 2013 trip. Student
Liaison Chia‐ching Lin introduced Cupertino High School teacher and chaperone
James Gilmore, who presented a video showing trip highlights; and two students
who gave speeches about their experience of the trip. Janice Sung and Association
President Angela Chen presented a glass sculpture gift from the City of Hsinchu to
Mayor Mahoney and Vice Mayor Wong.
4. Subject: Kim Monack to present Army Photo of the Year of grandson at Memorial
Park to the Mayor and City Council
Recommended Action: Present photo
Kim Monack presented the Army Photo of the Year to Mayor Mahoney in honor of
Memorial Day and in recognition of those who have served our country.
POSTPONEMENTS ‐ None
ORAL COMMUNICATIONS
Veteran Dennis Whittaker showed his Vietnam Americal badge and asked people to
remember the veterans who have served our country on Memorial Day.
Phillip Pflager asked Council to pass a resolution saying that “corporations are not
people and money is not speech” and presented a draft resolution and list of “California
municipalities that have addressed corporate personhood” for their consideration.
Tuesday, May 21, 2013 Cupertino City Council
Successor to the Redevelopment Agency
Library Commissioner Ann Stevenson recognized Mayor Mahoney and Vice Mayor
Wong for their participation on the Santa Clara County Library District Joint Powers
Authority.
CONSENT CALENDAR
Wong moved and Sinks seconded to approve the items on the Consent Calendar as
recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: none. Abstain:
none.
5. Subject: Approve the May 7 City Council minutes
Recommended Action: Approve the minutes
6. Subject: Accept Accounts Payable for period ending April 19, 2013
Recommended Action: Adopt Resolution No. 13‐037 accepting Accounts Payable
for period ending April 19, 2013
7. Subject: Treasurerʹs Investment and Budget Report for Quarter Ending March 2013
Recommended Action: Accept the report
8. Subject: Annual adoption of City Investment Policy
Recommended Action: Adopt Resolution No. 13‐038 adopting the annual City
Investment Policy
9. Subject: Annual approval and renewal of the collection of existing storm drain fees
at no increase in rates for fiscal year 2013‐2014
Recommended Action: Adopt Resolution No. 13‐039 approving the renewal of the
collection of existing storm drain fees at no increase in rates for fiscal year 2013‐2014
10. Subject: OneBayArea Grant Application Resolution of Local Support
Recommended Action: Adopt Resolution No. 13‐040 authorizing the filing of an
application for funding assigned to the Metropolitan Transportation Commission
(MTC), committing any necessary matching funds and stating the assurance to
complete the project
11. Subject: Call for Projects for the City’s “Guarantee” share of the Transportation
Development Act (TDA) Article 3 FY 2013/14 Program
Recommended Action: Adopt Resolution No. 13‐041 authorizing allocation of TDA
Article 3 funding
Tuesday, May 21, 2013 Cupertino City Council
Successor to the Redevelopment Agency
12. Subject: 2012 Surface Transportation Program (STP) Overlay Project Re‐Bid, Project
No. 2012‐05
Recommended Action: Approve an additional $94,924.70 in construction
contingencies for the 2012 Surface Transportation Program (STP) Overlay Project,
Project No. 2012‐05, for a total contract amount of $583,780.30
SECOND READING OF ORDINANCES ‐ None
PUBLIC HEARINGS ‐ None
ORDINANCES AND ACTION ITEMS
13. Subject: Stevens Creek Corridor Park and Restoration Phase 2 – award of
construction contract, authorization of agreements and easement, acceptance of
outside funding and appropriation of funds
Recommended Action: 1. Authorize award of a construction contract to the low
bidder, Robert A. Bothman, Inc. in the amount of $3,063,900.00 including the base
bid and bid alternate number 1 and waiving of minor clerical errors, and authorize a
construction contingency allowance of $380,000; 2. Authorize the City Manager to
execute a cost sharing agreement with Cupertino Sanitary District accepting a
contribution of up to $74,600; 3. Authorize acceptance of a $95,000 Transportation
Fund for Clean Air grant and authorize the City Manager to execute a funding
agreement; 4. Appropriate outside funding in an amount of $383,600 to the project
budget as described in this report; 5. Appropriate city funding in the amount of
$398,000 to the project budget; 6. Authorize the City Manager to negotiate and
execute a consultant services agreement with SSA Landscape Architects for
construction phase services for an amount not to exceed $195,000; 7. Authorize the
dedication of a new sanitary main and corresponding easement to Cupertino
Sanitary District to accommodate sanitary sewer main relocation
Director of Public Works Timm Borden reviewed the staff report.
Wong moved and Sinks seconded to 1. Authorize award of a construction contract
to the low bidder, Robert A. Bothman, Inc. in the amount of $3,063,900.00 including
the base bid and bid alternate number 1 and waiving of minor clerical errors, and
authorize a construction contingency allowance of $380,000; 2. Authorize the City
Manager to execute a cost sharing agreement with Cupertino Sanitary District
accepting a contribution of up to $74,600; 3. Authorize acceptance of a $95,000
Tuesday, May 21, 2013 Cupertino City Council
Successor to the Redevelopment Agency
Transportation Fund for Clean Air grant and authorize the City Manager to execute
a funding agreement; 4. Appropriate outside funding in an amount of $383,600 to
the project budget as described in this report; 5. Appropriate city funding in the
amount of $398,000 to the project budget; 6. Authorize the City Manager to negotiate
and execute a consultant services agreement with SSA Landscape Architects for
construction phase services for an amount not to exceed $195,000; 7. Authorize the
dedication of a new sanitary main and corresponding easement to Cupertino
Sanitary District to accommodate sanitary sewer main relocation. The motion
carried unanimously.
14. Subject: First reading of an ordinance to consider amending section 14.12.120 of the
Cupertino Municipal Code to condition the payment of a street tree fee only for
those developments or projects subject to street improvement requirements as
defined in Municipal Code Section 14.04 (Street Improvements)
Recommended Action: Conduct the first reading of Ordinance No. 13‐2111: ʺAn
Ordinance of the City Council of the City of Cupertino amending Section 14.12.120
of the Cupertino Municipal Code to condition the installation of street trees for only
those developments or projects that are subject to construct street improvementsʺ
Jennifer Griffin said she pleased with the tree canopy along the streets and the code
change will alleviate issues when people remodel their homes.
Parks and Recreation Commissioner Geoff Paulsen said $150 doesn’t seem like a lot
of money and is reasonable if a homeowner is already spending $20,000 or $30,000
on remodel, and asked Council to rework the ordinance to include this fee amount.
Deputy City Clerk Kirsten Squarcia read the title of the ordinance.
Chang moved and Sinks seconded to read the ordinance by title only and that the
City Clerk’s reading would constitute the first reading thereof. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Absent: none.
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt said the Stevens Creek Trail Joint Cities Feasibility Study
Policy Working Team elected to increase each cities’ Citizens Working Group member
by one, and noted applications are due June 7 and are available on the City website.
Tuesday, May 21, 2013 Cupertino City Council
Successor to the Redevelopment Agency
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 8:21 p.m., the meeting was adjourned to Tuesday, May 28 beginning at 10:00 a.m. for
a study session regarding labor negotiations, City Hall Conference Room A, 10300 Torre
Avenue, Cupertino, California.
____________________________
Kirsten Squarcia, Deputy 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.