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02. Draft MinutesCUPERTIIVO DRAFT MINUTES CUPERTINO CITY COUNCIL March 3, 2009 ROLL CALL At 6:00 p.m., Mayor Orrin Mahoney called the meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino, and Council went into a closed session. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the selection of a City Attorney. (No documentation in packet). At 6:00 p.m., Council recessed into a closed session and reconvened in open session at 6:45 p_m. Mayor Mahoney reported than a closed session was held, and no action had been taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mahoney called the regulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mazk Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS -None POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following items: • Terrain map, Lands of Lau, item No. 9 • PowerPoint slides from the Cupertino Tee;n Commission, item No. 17 • PowerPoint slides from the Public Safety Corrunission, item No. 17 z-~ March 3, 2009 Cupertino City Council ORAL COMMUNICATIONS Page 2 Virginia Tamblyn stated that she had spoken at the February 3`d Council Meeting regazding the noise impact on her property from the neighboring yogurt business. She referred to a San Jose Mercury article about the City of Sunnyvale and a similaz noise problem. Sunnyvale had required the business to take mitigating measures to correct the situation. Ms. Tamblyn noted that this was a quality of fife issue and she urged the Council to do something about this situation. She further commented that she had spoken with several experts and had some suggestions to correct the problem. The City Manager reported that he had spoken with the owners of the yogurt shop and they were planning some improvements, and he would report on that at the next meeting. Betsy Dougherty said she had obtained 400 signatures on a petition in support of an off-leash dog policy. She noted that presently it was a misdemeanor if one's dog was off leash and she believed this was excessive. She supported a certain amount of time in parks for off leash which would not interfere with other park users. Staff noted that this issue was scheduled for discussion at the April 7 Council Meeting. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, said that the annual Star (service, teamwork, achievement and recognition) Awards event was scheduled for March 14`h and the recipients would be Ridge Vineyazds (large business), Vazdy's Jewelers (small business), Dave Howser of Sierra Office Supply and Printing (Chamber ambassador of the year) and Richard Lowenthal (Citizen of the Year). In addition a new President's Awazd would be given this year to the Rotary Club of Cupertino. She added that the April 2 Chamber mixer was being hosted by the Rotary Club featuring the Cupertino Library Foundation. Ruby Elbogen urged Council to support the off-leash dog policy. She said it had been suggested that people police each other regarding this issue, but she would not do that. She urged that this group be treated as other groups are, as the soccer teams, to make sure their areas were kept clean and regulations followed. Sheaun Tsai commented on safety issues resulting from a construction project on his street. He noted a stop sign was not adequate to address the issue of speeding on the street. Margare# Tsai raised said she had serious health issues and the light from vehicle traffic was interrupting her sleep. She said that the developer had not yet addressed damage done to their driveway and landscaping. Staff noted that the Planning Commission would look into Mr. and Mrs. Tsars concerns. CONSENT CALENDAR Wang moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5 and 9 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the February 17 City Council meeting. z-z March 3, 2009 Cupertino Ciity Council Page 3 3. Adopt resolutions accepting Accounts Payable for February 6 and 13, Resolution Nos. 09- 026 and 09-027. 4. Adopt a resolution accepting Payroll for February 20, Resolution No. 09-028. 6. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Mohit Doshi and Monika Dos hi, 10651 Carver Drive, APN 375-34-049-00, Resolution No. 09-030_ The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 7. Adopt a resolution accepting a Grant of E'sasement for Roadway Purposes, Michelle Wang and Cheng-Yuan Michael Wang, 21885 McClellan Road, APN 357-14-008, Resolution No. 09-031. The property owners of this residentia.i development agree to grant #o the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Michelle Wang and Cheng-Yuan Michael Wang, 21885 McClellan Road. APN 357-14-008, Resolution No. 09-032. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 10. Adopt a resolution accepting a Grant of L-3asement for Streetlight Purposes, Bill Sullivan, 10430 Calvert Drive, APN 375-18-003, F~esolution No. 09-034. The property owner of this residential development agrees to grant to the City an easement for streetlight purposes, together with the right to construct, repair, operate, and maintain any and all improvements which shall be or become necessary for operation of the streetlight over a portion of the property. 1 1. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Barbara Jean Risher, 21834 Corte Madera Lane APN 326-45-042, Resolution No. 09-035. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2-3 March 3, 2009 Cupertino City Council Page 4 5. Adopt a resolution supporting the efforts of the Santa Clara County Cities Association in promoting a regional approach on the use of disposable single use carry-out baQS, Resolution No. 09-029. Mayor Mahoney indicated that this resolution supported the idea of a regional approach, but not any specific approach. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated the Chamber had been monitoring the single use bag tax since November 2008_ The Chambers of Commerce Coalition of Santa Clara County joined forces with the American Chemistry Council and the California Restaurant Association to oppose the draft model ordinance as proposed by the Santa Clara County Recycling and Waste Reduction Commission. They believed the bag tax would hurt consumers and businesses and there was no proven environmental benefit. Furthermore it ignored the current economic situation and created more bureaucracy. She also noted that the Commission had delayed moving forward due to the substantial opposition from the community and had directed their staff to prepaze a tiered approach. While the resolution before council seemed to be reasonable, the Chamber was concerned that it might be construed as support for the draft model ordinance_ Ms. Blackman did note that this was a complicated issue and one for which a proactive educational program was needed. Jennifer Griffin commented that this was a controversial issue and she hoped that the public would have an opportunity to comment on it. Council discussed the resolution before them. It was noted that the adoption of this resolution did not imply future consent of any specific program, only that the issue would be discussed with the goal of a arriving at a solution at a regional level. Mahoney moved and Sandoval seconded to adopt Resolution No. 09-029. The motion carried unanimously. 9. Adopt a resolution approving a Parcel Man. Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive APN 366-38-012, Resolution No. 09-033. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Councilmember Wong asked why there had been a period of about two years between the approval of the tentative map and the final map. Staff responded that generally it was a result of the applicant's timetable, or the process or of obtaining financing. Wong moved and Wang seconded to adopt Resolution No. 09-033 _ Councilmember Santoro referred to the condition which required removal of the fence around the pool and asked whether the final map should be approved before this condition had been met. The City Manager stated that he was not certain if the fence had 2-4 Mazch 3, 2009 Cupertino City Council Page 5 been moved at this time. However, the map could be approved at this time, and before the applicant made any changes on the property, all conditions would have to be met. Wong withdrew his original motion. Santoro moved and Wang seconded to continue this item for 2 weeks to get further information about the status of the fence. The motion carried unanimously. PUBLIC HEARINGS -None UNFINISHED BUSINESS 12. Accept the Planning Commission recommendation to appoin# Lisa Giefer as the Environmental Review Committee (ERC') representative. (Continued from Feb. 3). Wong moved and Santoro seconded to appoint Lisa Giefer to the Environmental Review Committee. Councilmember Sandoval referred to the staff report which noted that the appointment of the Planning Commission Chairman to the ERC was not part of the code, nor was it required that the City Council endorse the appointed Planning Commission representative. However, it had been past practice to follow these steps. Councilmember Wong noted that there appeazed to be quite a bit of flexibility in the code as to who could serve on the ERC. Councilmember Santoro stated that the reason this matter had been pulled at an earlier Council meeting was hecause the Planning Commission vote had been done by email, which was not the correct procedure. The motion to appoint Ms. Giefer to the '.ERC carried unanimously. 13. Consider approving a contract for City Attorney services. (No documentation in packet). A. Terminate the currently approved contract for City Attorney services pursuant to Section S.O l .d(4) of the contract. B. Consider approving a new contract for City Attorney services. Interim City Attorney Marc Hynes said ghat the City Council did not need to take action on paragraph A, since that contract had not been signed. Santoro moved to authorize the Mayor, following Thursday's closed session, to either sign an interim contract for city attorney services or to hire an attorney as a retired annuitant. Sandoval seconded, and the motion carried unanimously. z-s Mazch 3, 2009 Cupertino City Council NEW BUSINESS Page 6 14. Consider renewing the voluntary cap of $26,500 for campaign expenditures for the 2009 City Council election, Resolution No. 09-036. City Clerk Kimberly Smith noted that the current $26,500 limit had been set in 2007 and since then postage had increased as well as the number of registered voters (25,917 in 2007 and 27,633 in 2009). The City Clerk also noted that anyone who was interested in tracking campaign expenditures could view them online or in the City Clerk's Office. Councilmember Santoro questioned whether it was worth it to set a voluntary limit if it could not be enforced by law. Sandoval moved and Wang seconded to adopt Resolution No. 09-036, amended to increase the voluntary expenditure limit to $28,000. The motion carried 4-1, with Santoro voting no. 15. Conduct the first reading of Ordinance No. 09-2040: "An Ordinance of the City Council of the City of Cupertino amending Section 2.18.080 of the Municipal Code relating to the City Attorney to clazify wording regarding evaluations". The City Clerk read the title of the ordinance. Wang 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: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. 16. Set a date for the Annual Council work program study session (No documentation in packet). Council members concurred to hold the meeting on Tuesday, March 24 at 5:00 p.m., at which time they will discuss the work program first and then hold a closed session to conduct the City Manager's evaluation. ORDINANCES -None STAFF REPORTS 17. Receive a report from the Teen Commission and Public Safety Comiizissions regarding a Walk/Bike/Carpool to school Program. (No documentation in packet). Lauren Phillips, Recreation Coordinator and Staff Liaison to the Teen Commission, and Daniel Pavlovic, Chairman of the Teen Commission, gave a PowerPoint presentation titled "Walk to School Program." The Chairman of the Teen Commission reported that in September 2008 they discussed a plan to promote awalk/bike/carpool to school event. In February 2009 there was a joint meeting of the Teen Commission and the Public Safety Conmzission that worked on that plan for an event on April 22. The Teen z-s March 3, 2009 Cupertino City Councii Page 7 Commission was promoting the event and hoping for support from the business community. The Public Safety Commission was coordinating with the schools on the carpooling issues, and they hoped that this would be a recurring event and one for which students could attain con--munity service hours. Ms. Phillips commented on the various incentives to students to participate in such an event. Tamara Pow, Chairperson, and Daniel Nguyen, Vice-Chairperson of the Public Safety Commission gave a PowerPoint presentation titled "Encouraging Walking/ Biking/ Carpooling #o School in Cupertino." "Chey hoped to create long-term programs and incentives to make walking, biking acid carpooling an ongoing effort. They were coordinating with the city's traffic consultant, the city staff and the PTAs on ideas and implementation. They noted the following possible programs in their presentation: carpool information in school directories, off campus drop-off point, parking preference for carpoolers, traffic and health education programs for students and parents, curbside unloading service, parent supervised w~~1ks to school and integration with the Block Leader Program. They were requesting t:he following from Council: ideas on program, incentives and budget and input regarding roles of the city and the Teen Commission, Public Safety Commission and Bicycle/Pedestrian Commission on coordination and implementation. Geoff Paulsen, Chairman of the Bicycle/1'edestrian Commission stated his support of this program. Council stated their support for this program as an important addition to other programs already in place, and they felt it was essential to change the mindset and behavioral patterns and to encourage walking biking/carpooling to school. The safety issue was also raised as a critical concern. Council also noted that currently there was $7,000 - $8,000 in the budget for such a program and additional funds could be obtained from the `green' budget as reducing the number of cars on the road was certainly an environmental plus. Council recommended the commissions proceed with their program, prepare a budget, and arrive at suitable incentives. When asked if there should be a lead commission Council did not think that was necessary. The commissioners worked very well together and Council recommended that joint meetings continue with the Chairman of the Teen Commission, the Public Safety Commission and the Bieycle/Pedestrian Comrission present as well the staff liaisons. It was left to the commissions to decide if they wanted to include the Vice-Chairmen in the joint meetings. Council commended the commissions for their work on this important program. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. z-~ March 3, 2009 Cupertino City Council AD3OURNMENT Page 8 At 8:37 p.m., the meeting was adjourned to Thursday, March 5, 2009, at 3:00 p.m., for a closed session regarding the selection of a City Attorney. Kimberly Smith, City Clerk S#aff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www:cuuertino.ors. Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.orf~ ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. z-s CUPERTINO DRAFT l~IIN[JTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Thursday, March 5, 2009 ROLL CALL At 3:04 p.m. Mayor Orrin Mahoney called the re:gular adjourned meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: Vice-Mayor Kris Wang. CLOSED SESSION 1 _ Appointment, Employment, Evaluation o:P Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the selection of a City Attorney. (No documentation in packet). At 3:04 p.m. Council recessed to a closed session,, and reconvened at 4:26 p.m. Mayor Mahoney reported that the City Council h,ad taken action to hire an interim City Attorney. [INFINI5HED BUSINESS 2. Consider approving a contract for Citv Attorney services. (No documentation in packet). Santoro moved and Wong seconded to enter into a contract with Dang and Trachuk for interim City Attorney Services, and to terminate the existing contract for attorney services with Atkinson Farasyn, LLP. The motion carried with Mahoney, Sandoval, Santoro, Wong voting aye, and Wang asent_ ADJOURNMENT At 4:30 p.m., the meeting was adjourned. Kimberly Smith, City Clerk z-s