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CC 05-21-2013 \� // S'(.19SJ` CUPERTINO APPROVED 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: Workers' Compensation Claim (Gov't 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: Treasurer's 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: "An 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 improvements" 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 & Minui:es, 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.