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CC 05-03-2016CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, May 3, 2016 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Barry Chang called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation honoring Maya Varma, winner of the First Place Medal of Distinction in the 2016 Intel Science Talent Search competition Recommended Action: Present proclamation Mayor Chang presented the proclamation to Maya Varma. POSTPONEMENTS -None ORAL COMMUNICATIONS Julie Eades talked about a non-profit event called Cake-Off4Kids happening on May 22 from 3-5 at the Quinlan Community Center. Ignatius Ding talked about the Cupertino Citizens' Sensible Growth Initiative (CCSGI) ballot measure language. He distributed written comments. Liana Crabtree talked about the CCSGI ballot measure language. Liang Chao on behalf of CCSGI talked about the CCSGI ballot measure language. City Council Minutes May 3, 2016 Luke Lang talked about the CCSGI ballot measure language. He distributed written comments. Joan Chin talked about Sand Hill Property Company and the Hills at Valko proposal. Danessa Teckmanski talked about the CCSGI ballot measure language. She distributed written comments. Steven Scharf talked about information he heard on a Chinese radio station regarding CCSGI. Ruby Elbogen on behalf of the American Cancer Society talked about the upcoming Relay for Life. CONSENT CALENDAR Wong moved and Sinks seconded to approve the items on the Consent Calendar as presented with amendments to item numbers 2 and 3 per dais items. A yes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the April 19 City Council minutes Recommended Action: Approve the minutes Written communication for this item included an amended page. 3 . Subject: Addition of the part-time staff classification of Park Ranger within the Recreation and Community Services Department Recommended Action: Adopt Resolution No. 16-037 authorizing the City Manager to add a new part-time staff classification of Park Ranger, which would operate in the Stevens Creek Corridor and be overseen by the Recreation and Community Services Department Written communications for this item included an amended resolution. 4. Subject: 2016/2017 City Council Work Program Recommended Action: Approve the 2016/2017 City Council Work Program Written communications for this item included a redline Work Program. 2 City Council Minutes May 3, 2016 5. Subject: State Assembly Bill 2502 (Mullin & Chiu): Land Use -Zoning Regulations Recommended Action: Adopt a position of support on Assembly Bill 2502 (Mullin & Chiu): Land Use -Zoning Regulations and authorize the Mayor to send letters in support of fhis bill. 6. Subject: First Amendment to the Agreement for Countywide Household Hazardous Waste (HHW) Collection Program Recommended Action: Adopt Resolution No. 16-041, authorizing the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program 7. Subject: Authorization for Submittal of Application for CalRecycle Payment Programs and related authorizations Recommended Action: Adopt Resolution No. 16-042, authorizing submittal of applications for CalRecycle' s Payment Programs SECOND READING OF ORDINANCES 8. Subject: Second reading of an ordinance amending sections of Chapter 3.23 of the Cupertino Municipal Code to align the public works bid invitation distribution and posting periods with the related California Public Contract Code requirements. Recommended Action: Conduct the second reading and enact Ordinance No. 16-2143: "An ordinance of the City Council of the City of Cupertino amending the Cupertino Municipal Code sections 3.23.030, 3.23.040, 3.23.050, 3.23.120, of Chapter 3.23 of Title 3 regarding public bidding" City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Sinks seconded to read Ordinance No. 16-2143 by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Sinks seconded to enact Ordinance No. 16-2143 . Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 9. Subject: Annual review of the City's Non-Point Source Control and Stormwater Management Program (flood control and creek pollution prevention) and approval to 3 City Council Minutes May 3, 2016 renew the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Recommended Action: Consider all objections or protests and adopt Resolution No. 16- 043 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017 Director of Public Works Timm Borden reviewed the staff report. Mayor Chang opened the public hearing. There were no speakers and Mayor Chang closed the public hearing. Wong moved and Sinks seconded to adopt Resolution No. 16-043 for approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2016-2017. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 10. Subject: Proposed Initiative submitted by Ruby Elbogen, Reed Sparks, and William Hausman regarding the North De Anza Gateway (Cupertino Inn and Goodyear Tire sites) ("North De Anza Gateway Initiative") and preparation of a 9212 Report Recommended Action: Adopt Resolution No. 16-044 directing City staff to prepare a report on the effects of the North De Anza Gateway Initiative pursuant to Elections Code Section 9212 and appropriate $135,000.00 for such purpose City Manager David Brandt reviewed the staff report. Wong moved and Chang seconded to adopt Resolution No. 16-044 directing City staff to prepare a report on the effects of the North De Anza Gateway Initiative pursuant to Elections Code Section 9212 and appropriate $135,000.00 for such purpose. The motion carried unanimously. 11. Subject: Consideration of an amendment to the deadlines the City Council established for ballot arguments and the City Attorney's impartial analysis for an initiative measure to appear on the ballot for the November 8, 2016 election, and amend City Council Resolution No. 16-029 to reflect the amended deadlines. Recommended Action: Adopt the Resolution No. 16-045 amending Resolution No. 16- 029 to set the date of August 15, 2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and impartial analyses for all measures that the City Council places on the ballot for the November 2016 election in order to establish a uniform 4 City Council Minutes May 3, 2016 deadline for all measures that the City Council places on the ballot for the November 8, 2016 election City Clerk Grace Schmidt reviewed the staff report. Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 16-045 amending Resolution No. 16-029 to set the date of August 15, 2016 for primary ballot arguments and August 22, 2016 for rebuttal arguments and impartial analyses for all measures that the City Council places on the ballot for the November 2016 election in order to establish a uniform deadline for all measures that the City Council places on the ballot for the November 8, 2016 election. The motion carried with Wong abstaining. REPORTS BY COUNCIL AND STAFF 12. Subject: Annual Report on the Pavement Management Program Recommended Action: Receive the report. No action is required Written communications for this item included a staff PowerPoint presentation. Assistant Director of Public Works Roger Lee gave the Annual Report on the Pavement Management Program via a PowerPoint presentation. Council received the report. 13. Subject: Construction Project Updates Recommended Action: Receive Updates Written communications for this item included a staff Power Point presentation. Director of Public Works Timm Borden reviewed the Construction Project Updates via a PowerPoint presentation. Council received the updates. Mayor Chang continued with additional Oral Communications cards. ORAL COMMUNICATIONS -Continued 5 City Council Minutes May 3, 2016 Jon Willey talked about the CCSGI ballot language and map. He distributed written comments. Govind Tatachari on behalf of Better Cupertino talked about the CCSGI ballot language. Mayor Chang continued with item number 14 under Reports by Council and Staff. REPORTS BY COUNCIL AND STAFF -Continued 14. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:40 p.m., Mayor Chang adjourned the meeting. 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 Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 6