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SA 07-03-2012CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Joint Meeting Tuesday, July 3, 2012 JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR TO THE REDEVELOPMENT AGENCY ROLL CALL At 6:00 p.m. Mayor Mark Santoro called the regular joint meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. Present: Chair Mark Santoro, Vice Chair Orrin Mahoney, and Successor Agency members Barry Chang, Gilbert Wong, and Rod Sinks. Absent: None. CLOSED SESSION 1. Subject: Conference with legal counsel -anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that the City Council had met in closed session with legal counsel, obtained a briefing and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro called the regular joint meeting back to order 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. Tuesday, July 3, 2012 Cupertino City Council Successor to the Redevelopment Agency Present: Chair Mark Santoro, Vice Chair Orrin Mahoney, and Successor Agency members Barry Chang, Gilbert Wong, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS-None POSTPONEMENTS Acting Deputy City Clerk Kirsten Squarcia said that item number 15 was pulled from the agenda at the request of the Santa Clara Valley Water District. ORAL COMMUNICATIONS Rob Chansler, San Francisco Shakespeare Festival board member, on behalf of the Board invited Council and Cupertino citizens to attend the Free Shakespeare in the Park 2012 presentation of Henry Vat Cupertino's Memorial Park Amphitheater beginning Saturday, July 21 and running through Sunday, August 5. CONSENT CALENDAR Wong moved and Santoro seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 10, 11 and 12 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: Sinks abstained from Item Nos. 2 and 3. 2. Subject: June 19 City Council minutes Recommended Action: Approve minutes 3. Subject: June 19 Successor to the Redevelopment Agency minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending June 8, 2012 Recommended Action: Adopt Resolution No. 12-073 5. Subject: Accounts Payable for period ending June 15, 2012 Recommended Action: Adopt Resolution No. 12-074 6. Subject: Accounts Payable for period ending June 22, 2012 Recommended Action: Adopt Resolution No. 12-075 7. Subject: Alcohol Beverage License for Kitsho Japanese Restaurant, 19541 Richwood Drive Recommended Action: Approve application for On-Sale Beer and Wine (41) Tuesday, July 3, 2012 Cupertino City Council Successor to the Redevelopment Agency 8. Subject: Adopt the amended Conflict of Interest Code of the City of Cupertino for officials and designated employees and adopt the Conflict of Interest Code of the Successor to the Redevelopment Agency for Agency and Oversight Board members and alternates Recommended Action: a. Rescind Resolution No. 10-155 and adopt Resolution No. 12-076 amending the Conflict of Interest Code of the City of Cupertino, and direct the Interim City Manager to sign the required 2012 Multi-County Agency Biennial Notice; b. Adopt Resolution No. 12-03 adopting the Conflict of Interest Code of the Successor to the Redevelopment Agency 9. Subject: Set a hearing date of August 7 to provide for lien assessments and collection resulting from abatement of a public nuisance (weeds and brush) Recommended Action: Adopt Resolution No. 12-077 10. Subject: Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden A venue between Byrne A venue and Orange A venue, pursuant to Ordinance No. 1925 Recommended Action: Adopt Resolution No. 12-078 Description: Property owners along the frontage of Almaden Circle and Almaden A venue between Byrne A venue and Orange A venue have circulated a petition in support of altering 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: • A signed neighborhood petition and amended map. • Email from Winnie Chan requesting her signature be removed from the petition and requesting upgrades on the rest of the street • Email from Ken Eng supporting the petition but only as an exemption for a single property, not the entire street • Email from Albert Young opposing the petition to eliminate sidewalks in Monta Vista • Letter from Evelyn Repetti objecting to the petition, and in support of adding sidewalks Mayor Santoro opened the public hearing. Joan Dyer said she misunderstood the terms for which she signed the petition and would like to rescind her signature. She thought the extent of the project pertained to the petitioner's project alone and not the whole street. She has spoken to other people who also have questions including Winnie Chan, Ken Eng, Evelyn Repetti and Phil Lenihan. Tom Dyer said he was surprised to hear about the petition and learned it pertained to sidewalks only, not curbs or gutters. He said he would look for more information from Director of Public Works Timm Borden and staff and try to create a discussion in his neighborhood. Mayor Santoro closed the public hearing. Tuesday, July 3, 2012 Cupertino City Council Successor to the Redevelopment Agency Mahoney moved and Sinks seconded to re-open the public hearing. The motion carried with Santoro and Wong voting no. Mayor Santoro re-opened the public hearing. Mark Burns said he just found out about the petition and was concerned about how his lot would be affected by the designation. He said he would like to spend more time thinking about what the designation would mean for his house and revisit it at a later date. He said every neighbor should be noticed. Mayor Santoro closed the public hearing. Wong moved and Mahoney seconded to postpone the item until staff can look into the petition application and noticing process further. The motion carried with Chang voting no. 11. Subject: 2012 Various Park Path and Parking Lot Repairs project, Authority to award construction contract Recommended Action: Authorize Director of Public Works to award the 2012 Various Park Path and Parking Lot Repairs construction contract if the bids are within the established budget and there are no unresolved bid protests Santoro moved and Mahoney seconded to authorize the Director of Public Works to award the construction contract. The motion carried unanimously. 12. Subject: 2012 Pavement Maintenance project, Authority to award construction contract Recommended Action: Authorize the Director of Public Works to award the construction contract if the bids are within the established budget and there are no unresolved bid protests Santoro moved and Chang seconded to authorize the Director of Public Works to award the construction contract. The motion carried unanimously. 13. Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2011-06 Recommended Action: Accept project SECOND READING OF ORDINANCES -None PUBLIC HEARINGS -None ORDINANCES AND ACTION ITEMS 14. Subject: Mid-Year Budget Adjustment FY 12/13 Recommended Action: Increase General Fund expenditure budgets by $296,845 Council member Sinks recused himself from this item and left the dais at 7:39 p.m. ,,. Tuesday, July 3, 2012 Cupertino City Council Successor to the Redevelopment Agency Director of Administrative Services Carol Atwood reviewed the staff report. Wong moved and Chang seconded to increase the General Fund expenditure budgets by $296,845 as recommended by staff. The motion carried unanimously. At 7:47 p.m. Council member Sinks returned to the dais. 15. Subject: Consider taking a position on the Santa Clara Valley Water District ballot measure Recommended Action: No staff recommendation Description: This item was referred to Council without a recommendation from the Legislative Committee Written Communications for this item included a letter from the Cupertino Chamber of Commerce in support of the ballot measure. Under postponements this item was pulled from the agenda at the request of the Santa Clara Valley Water District. 16. Subject: First reading amending Cupertino Municipal Code 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors Recommended Action: Conduct the first reading of Ordinance No. 12-2097: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.28.040(D) regarding the City Manager duties, removing the City Council closed hearing option for Department Directors" Acting Deputy City Clerk Kirsten Squarcia read the title of the ordinance. Mahoney moved and Wong 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. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. CLOSED SESSION 17. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiators: Carol Atwood and Amy Chan; Employee organizations: OE3; CEA, Unrepresented, City Attorney group At 7:57 p.m. Council recessed to a closed session, and reconvened in open session at 11 :40 p.m. Mayor Santoro announced that the City Council had met in closed session with the Agency negotiators and direction has been given to labor negotiators. Tuesday, July 3, 2012 ADJOURNMENT At 11 :41 p.m. the meeting was adjourned. Cupertino City Council Successor to the Redevelopment Agency Please note: the next regular meeting scheduled on July 17 has been cancelled. The next regular meeting is on August 7. Kirsten Squarcia, Acting 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. .1