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02. Draft minutes C U P S RT I N O D~q,~ MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, June 10, 2009 ROLL CALL At 4:06 p.m. Mayor Orrin Mahoney called to order the regular adjourned joint meeting of the City Council and the Redevelopment Agency. T'he meeting was -held in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Council members present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members -Doily Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. Redevelopment Agency members present: Chairman Orrin Mahoney, Vice-Chair Kris Wang, and Agency members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. STUDY SESSION 1. Study Session on the proposed 2009/10 Budgets for City Council and the Redevelopment Agency (continued from June 2). No doctunentation in packet. City Clerk Kimberly Smith distributed emails in support of the School Resource Ofhcers from Vivian Franklin, Principal of Steve~ls Creek Elementary School, Lorrie Wernick, Principal of Regnart Elementary School, rdancy Wood, Principal of Garden Gate School, and parent Debbie Anderes. Administrative Services Director Carol Atwood distributed "2009/10 Budget Study Session, Council "Follow up Items" which listed questions and requests for information from Council from May 27 and June 2 Council meetings. She reviewed the documents and the City Council members discussed them and provided direction to staff as noted below. Item 14 proposed an independent websife usability assessment and evaluation of the search functionality, as well as PDF document posting guidelines. Councilman Santora asked for more information about cost and availability of a fiber link to the Comcast node on Imperial Avenue for data and television;, nat necessarily on the same cable. During discussion of item I9, regarding H~~using Element costs to date, Council member Wang suggested that residents be encouraged to sign up for emailed notices, so that citywide mailings can be gradually shifted. from paper to digital. Mayor Mahoney noted that citywide notices are done as a coiutesy to the residents, but the legal notice requirement is for a certain radius. 2-1 June 10, 2009 Cupertino City Council Page 2 Item No. 15 was a letter from Captain Terry Calderone recommending that the City Council maintain the second School Resource Officer (SRO}. Council member Wang suggested that the schools be asked to pay a percentage instead of a fixed amount for SROs. Atwood agreed it would be wise to add an escalation clause. She said that staff has asked the school districts if they can contribute more, but they said they can't commit at this time because they don't know their budget outcomes. Item No. 16 was the FY 2009 COPS Expenditure Plan summaries. Council member Wong asked for a list of which cities have SROs, and the number, and how those positions are funded. Later I the evening, further discussion was held about the request for the number of School Resource Officers in other cities and how those positions are funded. Council concurred that Council member Kris Wang would survey representatives of other cities at the next Cities Association meeting, and would report back to the City Council with that information. Item No. 20, staff time estimate, referred to a traffic study, but that was corrected to reflect the total cost of staff time for housing allocation, estimated at $15,049. Item No. 21, State Loan/Take Away Impacts and Options, was amended to indicate that this was a mandated loan to the State of California. Item No. 22 was a list of Cupertino Services provided to the elementary school, high school, and college districts, including sports field maintenance, etc. for Cupertino Union School District. The Parks and Recreation Director was asked to provide aggregated information about how much the City subsidizes the costs of school sports fields and what sharing arrangements are in place. Erik Walukiewicz said he was currently the Coordinator of Safety and Operations for the Fremont Union High School District, and has worked as an assistant principal and teacher at Monta Vista High School and as assistant principal at Cupertino High School. He said that the benefits of the SROs far outweigh the costs, because they increase student safety and don't pull police officers away from other calls, which could increase response times. He talked about the valuable relationships that the SROs have with students, teachers, and parents. He also noted that Sunnyvale has four similar positions, called Neighborhood Resource Officers, and that the school district does not plan to cut any positions at this - time. Peter Robinson, Cupertino School Resource Officer, talked about how the responsibilities of beat deputies and SROs differed. He explained that beat deputies should be the ones responding to emergencies, such as bank alarms, caz crashes, etc., and the SROs take load of 13 schools off their shoulders. However, the SROs aze still sworn deputies and can respond if there is an alarm call nearby. The SROs have first-hand knowledge of student personalities and past histories, and get to know parents, grandparents and staff. While at the school the SRO may also talk to a student who has been the victim of abuse, talk to 2-2 June 10, 2009 Cupertino City Council Page 3 another who is in the Sheriff s Teen Academy, and help a staff member whose car was vandalized. This sort of work could absorb hours of a beat officer's time. John Sperinde, representing the Cupertino Tennis Club, thanked the Council for the project underway to upgrade lighting. H~: explained that this is a lighting improvement only, not lighting of additional courts, and there is still a shortage because of the nearly 400 members of the United States Tennis Association (USTA). He asked Council to consider adding lights to the pool-side courts. Mr. Sperinde mentioned that they had tried to buy time at DeAnza College but it was too expensive, and asked if the City and DeAnza College could come to an arrangement to make that more affordable. Laura Gonzales, Dean of Students at Fremont High School, thanked the City Council for funding the SRO position. She said the importance is less about programs and more about personal influence on students' lives. When students make poor choices, suspension and citations don't change th~it behavior, but counseling with the deans and working with the SROs, parents and students tends to be what ends the conflict. She noted that if the staff knows the incident involves a resident of Sunnyvale, they call the Sunnyvale SRO to deal with the problem. Graham Clark, Principal of Homestead F[igh School, said that each year they do large community out-reach programs such as E~~ery 15 Minutes and Code Red. The SROs are invaluable at coordinating those events, which can. involve as many as 40 or 50 other agencies. Jennifer Griffin, expressed her support for the SROs, and said that positive relations at the schools result in better behavior by students attending DeAnza College, and can serve as the first line of defense against gang problems, truancy, graffiti, and theft on campus. Ms. Griffin also cautioned Council against requiring residents to maintain the sidewalks, because if the City stops that maintenance the valuable street trees will be the next to go. She also thought it was important that legal notices go out on paper, since not all residents have email. Council members discussed new items that they might wish to add to the budget, including the cost for sidewalk repairs. Atwood said that would be analyzed as a part of the fiscal strategic plan and the results of t]~at study would give the Council a better sense of their options. Council members emphasized that, although there was a brief reference at a prior meeting to the possibility of someday having citizens responsible for sidewalk maintenance, there was no intention of doing that in the foreseeable future. 2-3 June 10, 2009 Cupertino City Council ~ Page 4 Council concurred that they might wish to add these items to the budget, and asked staff for recommendations on how to fund them: • City Channel re-cabling - $50,000 • Website search engine - $50,000 • Leadership Cupertino - $12,500 • Dog park {S options) • Education/Outreach - $40,000 • Fenced area -additional $40,000 • Major park - $$300,000-$500,000 • Use county property • Placeholder amount {to be determined) • Mandated loan to the State of California - $1.358 million (option #1) • Linda Vista Park water feature - $700,000 • Walk/bike to school program Council members discussed these items and concurred that they would remain in the 2009/10 budget as proposed: • School field maintenance • Heart of the City General Plan update • Neighbarhood/School Resource Officers {and can schools pay more?) Council members discussed these items but in the end -there was consensus not to add them to the 2009/2010 budget: • Skate park • Additional tennis court lighting • Sports court/pool at sports center • Phase 2 of Stevens Creek Corridor • Simms property • Stocklmeier properly • City hall remodel • Tank house completion • Stevens Creek Trail to Bay monitoring • Lawrence Mitty Park additional funding • Stevens Creek Trail bridge over Union Pacific Railroad ADJOURNMENT OF REDEVELOPMENT AGENCY: RECESS OF CITY COUNCIL At 6:50 p.m. the Redevelopment Agency meeting adjourned and the City Council meeting recessed unti17:30 p.m. 2-4 June 10, 2009 Cupertino City Council Page 5 UNFINISHED BUSINESS 2. Consider General Plan Amendments, ~?.pplication Nos. GPA-2008-01, EA-2009-05, .GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from June 2}. No documentation in packet: a) Adopt a draft 2007-2014 Housing l~lement and forward to the State Department of Housing and Community Development (HCD) The Housing Element was continued to this meeting for discussion purposes only; no action would be taken on the item at the June 10 meeting. Senior Planner Vera Gil distributed and reviewed documents titled "Projections 2009 - Frequently Asked Questions" and "Table I~.4: Other Sites Suggested by City Council for Consideration." The City Council concurred that the Morley Brothers property, Glenbrook Apartments, and The Villages at Cupertino (shown on the top of ha~~dout Table F.4} should also be included on the list for consideration as Tier One sites. Then: items would be added to the other properties discussed at the Council meeting on June 2, (shown on Table F.1, page 17A-179 of the City Council packet}. No rezoning is required far the Morley Brothers, Glenbrook Apartments, or the Valley Green section of The Villages at Cupertino. No rezoning is required for Sites 1-9 from Tier 1. Rezoning is required for 10670 Tantau, 19020 Pruneridge, 10300 North Tantau and 10400 North Tantau, which is now owned by .Apple, Inc. Site 15 on Tier 1 is being considered a "safety net" site. Jennifer Griffm said that she feels the Council is allowing high-density housing in Cupertino without regard for any. existing zoning. This i;~ crowding housing in her neighborhood where the high school and junior high are already impacted. Tom Hugunin presented a list of possible housing sites to the Council at the last meeting. He distributed an updated Pest that includes possible sites for approximately 500 housing units. He requested that staff look at the sites to see if any of them would be viable options for rezoning commercial to residential sites. Aarti Shrivastawa and Vera Gil will review the list. Keith Murphy asked Council to consider other sites in Cupertino for housing. He said that staff and Council should present goals, numbers and real information to the residents of Cupertino. This would reduce confusion and involve the community on a greater level. No action was taken on this item,. and it was continued to June 16, 2009. 3. Review summer schedule of Council meetings (continued from June 2). No documentation in packet. Wong/Santoro moved and seconded to cancel the regular City Council meeting of August 18. The motion carried unanimously. 2-5 June 10, 2009 Cupertino City Council Page 6 Council members concurred to review their workload again in July to determine whether to cancel the meeting of August 4 as well. ORAL COMMUNICATIONS -None ADJOURNMENT At 8:52 p.m., the meeting was adjourned. Kimberly Smith, 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.or~. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience at www.cupertino.or~, 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. z-s C U P E RT I N O DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, July 7, 2009 ROLL CALL At 6:00 p.m., Mayor Orrin Mahoney called the meeting to order in the Community Hall Council Chamber, 14350 Torre Avenue, Cupertino. 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, Evacuation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b){1) regarding appointment of the City Attornev. (No documentation in packet). The Council was in closed session from 6:05 p.m. until 6:50 p.m. Mayor Mahoney announced that no action had been taken. PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lE:d the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS PRESENTATIC?NS 2. Employee CERT graduation. {No documentation in packet). Emergency Preparedness Coordinator Marsha Hovey introduced the twenty graduates of the most recent CERT (Cupertino Emergency Response Team) training program. She noted that these city employees had completed ten weeks of training and were leading by example in the city's emergency preparedness program. Hovey said that anyone interested in participating in this program should contact city hall for more information. 2-7 July 7, 2009 Cupertino City Council Page 2 3. E-services presentation regarding on-line business license renewals, inspection scheduling and plan review status. (No documentation in packet). Information Technology Manager Mariyah Serratos gave an overview of the e-services available to the community regarding business license renewals, inspection scheduling, payment of fees and plan review status. She also addressed confidentiality issues, turn- around times, the different types of accounts (customer and new user} and the public's ability to submit questions and comments. POSTPONEMENTS -None WRITTEN COMMUNICATIONS The City Clerk distributed a letter from Green Waste Recovery, Inc. recommending a 90-day extension of the Recycling and Waste Collection franchise decision and stating their support for the Request for Proposal process {item No. 24). ORAL COMMUNICATIONS Mr. Bob Kroeger said that he had been a participant in the dog park/off-leash discussions and had concerns about a proposaUpetition that had been submitted at the July 1 meeting of the off-leash area committee. He noted that the petition included issues that did not coincide with the city's parks and recreation guidelines. For example, the written approval of the plan by 66% of the residents within 500 feet of the off-leash area was not part of the proposal, and the petition did not address whether the area would be fenced. Mr. Kroeger also noted that the issue of a buffer zone between homes and the off leash area was not in the city's guidelines but should be included. CONSENT CALENDAR Sandoval moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 8, 16, 17, 18, 19, and 23, which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 4. Approve the minutes from the June 2 and 16 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for June 12, 19, and 26, Resolution Nos. 09-095 through 09-097. 6. Adopt resolutions accepting P, ayroll for June 12 and 26, Resolution Nos. 09-098 and 09- 099. 7. Accept the Treasurer's Investment Report for May 2009, including a report on General Fund Revenues and Expenditures. z-a July 7, 2009 Cupertino Cifiy Council Page 3 9. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Mission West Properties I, L.P., 20400 Mariam Avenue, APN 316-22-018, Resolution No. 09-100. The property owners of this development agree to grant to the City the right to extract water from the basin under the overlying property. 10. Adopt a resolution approving an im~ovement agreement, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue, Parcel 2, Resolution No. 09-101. Through the improvement agreement with the City, the applicant for a building permit for a single-family residential development ~x~ill be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Huei-Hwang Hung and Tracy Hsu., 21871 Dolores Avenue, Parcel 2, Resolution No. 09-102. The property owners of this residential deti~elopment agree to grant to the City the right to extract water from the basin under the overlying property. 12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Union Church of Cupertino, 20900 Stevens Creek Boulevard, APN 359-08-024, Resolution No. 09-103. The property owners of this development agree to grant to the City the right to extract water from the basin under the overlying property. 13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Kong-Yeu Han and Sue-Jane Han, 21881 Dolores Avenue, Parcel 1, Resolution No. 09-104. 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. 14. Adopt a resolution expressing the intent to vacate a Pacific Gas and Electric Company Utility Easement, City of Cupertino parcel north of Hi hway 280 underneath the northern approach of the MarXAvenue Bridge, Resolution No. 09-105. The City agrees to vacate a Pacific Gas anti Electric Company Utility Easement that is no longer required by PG&E. A portion of the land will be transferred to Caltrans as a result of the construction of a new sound wall for the Mary Avenue Bridge Project. 15. Adopt a resolution expressing the intent to vacate a Slope Easement, David Nilsson, 10037 Scenic Boulevard, APN 357-09-056, Resolution No. 09-146. z-s July 7, 2009 Cupertino City Council Page 4 The City agrees to vacate a slope easement that encumbers a portion of this property. The easement was originally accepted to maintain a potential slope that would have been created with an expansion of Stevens Creek Boulevard. The expansion of Stevens Creek Boulevard, in this area, was never realized. 20. Accept municipal improvements, Andrew Joseph Debaets and Rebecca Rea Smith, 10399 Byrne Avenue, APN 357-12-027. The applicant has completed City-specified improvements in the City right-of--way, including driveway approach, grading, curb and gutter as required by the improvement agreement with the City. 21. Review bids and award the contract for Pavement Restoration, Project No. 2009-03, to G. Bortolotto & Co., Inc., in the amount of $198,876.00, and appxove a construction contingency of $20,000.00 to cover any unforeseen work required to complete the project, for a total of $218,876.00. 22. Accept the resignation of Bicycle Pedestrian Commissioner Donald Armstrong and direct staff to advertise the vacancy. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Consider the Teen Commission composition and application screening process: Councihnember Wong questioned whether the proposed reduction in members would allow for adequate representation from all of the schools involved. Councilmember Santoro believed that the ranking system was confusing and recommended eliminating it. Lauren Phillips, staff liaison to the Teen Commission, explained that it was the Commission's recommendation to reduce the number to 9. The commission felt the current number of members was too large to be effective and there was difficulty getting a quorum. Staff concurred with the commission's recommendation a) Adopt a resolution amending the Teen Commission composition to decrease the membership from 13 members to 9 members by the year 2010, Resolution No. 09- 078 (continued from June 2) b} Direct staff to further amend the Teen Commission resolution regarding the ~~lication screening_process Wong moved and Sandoval seconded to adopt Resolution No. 09-078, and also directed staff to prepare an amended Teen Commission resolution to delete the original section A which triggered a ranking procedure for more than 30 applicants; instead, all applicants will be interviewed. The motion carried unanimously. z-~o July 7, 2009 Cupertino City Council Page 5 Public Works Director Ralph Qualls explained th~~t the aerial photographs for the following items 16 through 19 incorrectly outlined an area which included some neighboring parcels. He showed a corrected photograph with the appropriate parcel. outlined. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract 110.9983, Resolution No. 09-107. The property owners of this multi-family residential development agree to grant to the City the right to extract water from the basin under the overlying property. 17. Adopt a resolution approving a Stormwater Management Facility Easement Agreement, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, Resolution No. 09-108. Through an agreement with the City, the Iroperty owners of this multi-family residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan, 18. Adopt a resolution approving a Storm~~vater Management Facilities Operation and Main#enance Agreement, Stelling Palm: of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, Resolution No. 09-109. Through an agreement with the City, the property owners of this multi-family residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormv~~ater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 19. Adopt a resolution authorizing the execution of a Maintenance Agreement, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, Resolution No. 09-110. Through an agreement with the City, the property owners of this multi-family residential development will be required to maintain all non-standard items within the City's right of way. Wong moved and Santoro seconded to adopt Resolution Nos. 09-107, 09-108, 09-109, and 09-110. The motion carried unanimou;~ly. 2-11 July 7, 2009 Cupertino City Council Page 6 23. Approve a resolution authorizing the City Attorney to cooperate with the League of California Cities and other cities and counties in litigation challenging the constitutionality of any seizure by State government of the City's street maintenance funds, Resolution No. 09-111. Public Works Director Ralph Qualls explained that the League of California Cities had requested the support of cities in challenging the constitutionality of the State taking the city's street maintenance funds over the next two years. He noted that such an action would have a negative impact on cities and in Cupertino several projects were funded with this money. Sandoval moved and Wong seconded to adopt Resolution No. 09-111. The motion carried unanimously. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 24. Defer for 90 days any consideration of the letter from John Zirelli of Los Altos Garbage CompanX {LAGCo) proposing additional collection services and expansion of recycling services for the City of Cupertino in exchange fora 5 year extension and an additional five year option of the existing LAGCo Solid Waste Services Contract with the City, which will expire October 31, 2010. Public Works Director Ralph Qualls asked for direction from Council as to whether they wished to extend the contract with LAGCo or go out to bid for these services. Staff recommended a 90 day continuance on the communication from LAGCo to allow staff to meet with their representatives and bring a proposal back to Council. There would still be ample time if Council wished to go out to bid. Michael Gross, representing GreenWaste Recovery, Inc., s#ated that they provided solid waste services to several communities including Palo Alto, Woodside, Los Altos Hills, San Jose and Portola Valley. He commented on the services they provided and noted that they could achieve a 75% recycling goal. Mr. Gross agreed with suggestion fora 90-day review period. John Zirelli, General Manager of Los Altos Garbage, stated that -LAGCo had an excellent service history in Cupertino and a recent city survey showed they had a very high satisfaction rate. He referred to the additional services proposed in his letter and to the rate comparison with other cities. Ruby Elbogen referred to LAGCO's active participation in many city events including the recent Relay for Life, as well as the company's many other contributions to 2-12 July 7, 2009 Cupertino City Council Page 7 the community. She believed it would be difficult to achieve this level of community service with another company. Sandoval moved staff's recommendation to defer the decision tonight but take this item up within 90 days, with the goal of a 75% diversion record, and direct staff to come back with a full report. Wong seconded and the: motion carried unanimously. 25. Consider and approve the list of unfunded projects for the FY 2009-2010 Capital lmnrovement Program. Public Works Director Ralph Qualls explained that Council had discussed adding several projects to the unfunded category of the capital improvement program {CIP) budget and staff requested clarification of which proiects Council wanted to include in that list for FY 2009-14 CIP. Vice Mayor Kris Wang recommended no't including the fiscal year dates with the list of unfunded projects. Jennifer Griffin referred to the additional ;funding for the Lawrence Mitty Park and urged Council to keep this item on the list with a fiscal year attached to it. She was concerned there might be an attempt to put housing on this land at some future date. She believed this was an important area for Cupertino and this piece of land should be secured. Wang moved to consolidate all of the ;items in the staff report into a single list of unfunded items, deleting the Bubb/Mc(~lellan Storm Sewer Upgrade, lowering the estimated cost of the Stevens Creek Trail Bridge over the Union Pacific Railroad from $7 million to $2 million, and adding back in the Skate Park with an estimated cost of $250,000. In addition, no fiscal year dates would be included iri this list. Wong seconded and the motion carried unanimously. 26. Consider approving the FY 2009-10 Planning Commission Work Program. City Planner Gary Chao reviewed the s1:aff report which included several categories, including High priority: green building policy/sustainable land use policy; Medium Priority: process improvement evaluation, long-term assessment of the city's job/housing balance, and creating a strategic plan for commercial office and retail uses; and Low Priority: prototypes of housing element sites/Crossroads plan/other specific plans, affordable housing methodology and revie~~v of parking standards. Planning Commissioner Marty Miller stated that in the past, due to time constraints, there had been no opportunity for forward planning. Recently there has been a reduction in the number of applicants and the commission now had the opportunity to address some of these issues. The commission believed it was important to put guidelines in place that would benefit future applications. Miller ;paid there were some budgetary limitations but he believed certain projects could move forward with minimal expenditure, and would defer to staff on prioritizing the projects as they would have a better understanding of the 2-13 July 7, 2009 Cupertino City Council Page 8 staff time involved. Regarding the green building policy/sustainable land use policy, the commission believed they could work along with the Environmental Sustainability Task Force, noting that although they each had a different focus, they shared a common goal. Concerning the housing issue he noted that the commission was working on a jobs/housing balance. He further stated that the housing element had not considered the major expansion of up to 5,000 square feet of office space that the Council would soon be considering. Jennifer Griffin stated her concerns about the jobs/housing imbalance. She strongly urged ABAG be made more aware of current housing issues and ABAG housing requirement updates should conducted every year, not every five to ten years. Ms. Griffin also stated that she did not want the zoning in Cupertino compromised or the Heart of the City compromised. Santoro moved and Sandoval seconded to approve the Planning Commission work program as follows. Motion carried unanimously. Item 1: Green Building Policy/Sustainable Land Use Policy: Planning Commission will move forward in parallel with the Environmental Sustainability Task Force. Commission will work within current budgetary constraints and any budget implications will be brought back to Council. Item 2: Process Improvement Evaluation: this was already included in the commission's work program. Item 3: Long-term assessment of the City's Job/Housing Balance: this has been incorporated into Item 1. Item 4: Create a Strategic Plan for Commercial, Office and Retail Uses: Planning Commission " * ~+o ~+...,+o,=:,. ~r.,., shall form a small subcommittee to meet with businesses, the Economic Development Committee and the Fiscal Strategic Committee to review any current impediments to economic activity related to land use. This project shall require minimal staff time. Item 5: Prototypes of Housing Elements Sites/Crossroads Plan/Other Specific Plans: It was agreed to bring this back to the Council after completion of the Housing Element and the Heart of the City Plan. Item 6: Affordable Housing Methodology: Planning Commission will consider best practices regarding this project at either a subcommittee or full Commission meeting but it shall require minimal stafftime. Item 7: Review Parking Standards: The project was dropped from the program. Parking plans shall be reviewed at time of individual applications. 2-14 July 7, 2009 Cupertino City Council Page 9 27. Conduct the first reading of Ordinance No. 09-2046: "An Ordinance of the City Council of the City Of Cupertino amending Chapter 9.06 of the Cupertino Municipal Code relating to massage establishments and services by replacing it in its entirety." Code Enforcement Officer Gary Kornahr~ens highlighted the staff report and explained that as of September 1, 2009, SB 731 will go into effect and create a statewide Massage Therapy Organization, which will provides ,for the voluntary certifcation of massage therapists and massage practitioners. Thi;~ state certification was voluntary but the city could not require a state certificate holder to get a local license. The state will do background checks and take disciplinary ,action but at the present time their procedures, standards and criteria are not clear. The ordinance before Council updated the code to recognize SB 731 while continuing to apply pre-existing city requirements where necessary and appropriate. Council Member Sandoval asked if this matter could be deferred until clarification was obtained from the State regarding their f~rocess, criteria, testing requirements, etc. The Acting City Attorney stated that cities v~~ere required to have a resolution in place by September 1, on this issue. Councilmember Santoro asked why sorr?e businesses such as hotels did not need a massage establishment permit but were instead covered under their use permits. He also questioned the reference to residential massages, noting that it appeared one could not get a massage in their home unless they were under a doctor's care. Councilmember Santoro believed such massages should be given by licensed massage therapists to provide . residents with appropriate protection bw residents should certainly be able to get a massage in their home without the restriction of a doctor's note. Code Enforcement Officer Gary KornahrE:ns gave the example of the massage services offered at Whole Foods Market. They had. a massage therapist on site who was required to have a permit. However, Whole Food; did not have to get a .massage establishment permit. For such situations the city did r~vo inspections a year and the same standards applied for the area in which these therapists worked as those required for massage establishments. Concerning the restrictions on residential massages, Mr. Kornahrens noted that this ordinance had been adopted seven to ten years ago and he assumed that it was put in place to protect the city's residents. The City Clerk read the title of the ordinance. Santoro moved and Wang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof, and to amend the ordinance as follows Ayes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. The ordinance was amended as follows; Delete Sections B.l and B.2 of 9.06.190; Add a new Section B.1 stating that residential massages shall be given only by a licensed massage therapist. 2-15 July 7, 2009 Cupertino City Council Page 10 Sandoval suggested that the mayor write a letter to the state legislators stating the city's concerns that the state does not have an established process, approved criteria or standards regarding SB 731 which will go into effect on September 1, 2009. 28. Designate a voting deli and up to two alternates for the League of California Cities Annual Conference Sept. 16-18 in San Jose. Sandoval move to appoint Wong as delegate, Mahoney as first alternate, and Sandoval as second alternate. Wang seconded and the motion carried unanimously. 29. Schedule a joint meeting with the Parks and Recreation Commission on July 21 to discuss Simms and Stocklmeir properties. (No documentation in packet). The City Council unanimously agreed that a joint meeting would not be necessary, but asked for a report from the Parks and Recreation Commission at the Council's August 4 meeting. ORDINANCES 30. Conduct the second reading of Ordinance No. 09-2045: "An Ordinance of the City of Cupertino amending Chapter 6.28, governing the provision of cable services in the City, of Title 6, Franchises, of the Cupertino Municipal Code." Wong moved and Sandoval seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wong moved and Sandoval seconded to enact Ordinance No. 09-2045. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council commented on several of the recent city events they had attended including the reopening of Blackberry Farm, the Crest Awards, the reception for Martha Kanter and the July 4~' Festivities. 2-76 July 7, 2009 Cupertino City Council Page 11 ADJOURNMENT At 10:35 p.m., the meeting was adjourned. Kimberly Smith, 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 availablf; at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 2-~~ C O P E RT i N 0 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 21, 2009 ROLL CALL At 6:00 p.m. Mayor Orrin Mahoney called the regular 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 Dally Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Significant exposure to liti ag tion pursuant to subdivision (b) of GC Section - 54956.9 (one potential case}. No documentation in packet. Council was in closed session from 6:00 p.m. until 6:20 p.m. Mayor Mahoney announced that no action was taken. RECESS -Council was in recess from 6:20 p.m. unti16:45 p.m. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney called the meeting back to order and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS 2. Adopt a resolution .affirming the City of Cupertino's support and partnership with the 2010 census, Resolution No. 09-121. Doris Tse from the U.S. Census Bureau noted that the response rate for the 2000 census nationally was 67%, the California response rate was 70%, the Santa Clara County response rate was 75%, and the City of Cupertino response rate was 77%. She noted the 2-18 July 21, 2009 Cupertino City Council Page 2 challenges of why people don't report anti also noted what was working well so far with Census 2010. She said that right now they are only promoting the census and raising public awareness, but in March of 2010, every household would receive a questionnaire in the mail. Residents interested in more information on the census or in job opportunities can contact her at (408) 202-7156, doris.s.tse(a,census.goy, or visit the website at www.census.gov. Sandoval/Wong moved and seconded to adopt Resolution No. 09-121. The motion carried unanimously. POSTPONEMENTS The Deputy City Clerk noted an updated staff re:port for item number 11, regarding the Slurry Seal Program bids, asking Council to defer the award of the contract to the Aug. 4 meeting. Wong/Sandoval moved and seconded to contini.~e item number 11 to August 4. The motion carried unanimously. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the i'ollowing items at the meeting: • Amended page 8, minutes of July 7, 2009 {item No. 3) • Updated staff report regarding the Slurry Seal Program bids deferring the award of the contract to Aug. 4 (item No. 11) • Draft "Voluntary Contribution Agreement" between the City of Cupertino and ECI Two Results, LLC, regarding transportation system improvements; PowerPoint presentation; an email from Judy Wilson in support of the 5-year extension request (item No. 12} • An additional staff report listing General Plan office allocation for major companies, other areas in the City, and future office dc;mands; PowerPoint presentation; email to City. Council from staff regarding General Plan language related to office allocation for major companies {item No. 13) • PowerPoint presentation titled "Trial Period for an Off Leash Area for Dogs" and 16 emails dated July 21 from various commu~lity members regarding their preferences for an off-leash area for dogs, a fenced area for d~~gs, and other topics related to a dog park {item No. 15}. (Note: City Council received many other emails on this topic earlier in the week). • Memo from Finance Director David Woo regarding the definition of "Private Telecommunication Service" and a PowerPoint presentation (item No. 16) ORAL COMMUNICATIONS Ruby Elbogen talked about the Relay for Life to be held at De Anza College on July 25. She noted that Council members will open the relay with the staff and members of the relay. For more information visit www.relayforlife.org/cupertinoca. 2-19 July 21, 2009 Cupertino City Council Page 3 Frank Jelinch, member of the San Francisco Shakespeare Festival Board and resident of Cupertino, noted that the Festival will perform its 27th year of free Shakespeare in the Park beginning Sat., Aug. 8 for three weekends. The performances will be held at the Memorial Park Amphitheater and the play, A Comedy of Errors, will be performed. More information is available at www.sfshakes.org_/park. CONSENT CALENDAR Wong/Wang moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 3 and 9 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abs#ain: None. 4. Adopt resolutions accepting Accounts Payable for July 2 and 10, Resolution Nos. 09-112 and 09-113. 5. Adopt a resolution accepting Pa oll for July 10, Resolution No. 09-114. 6. Adopt a resolution replacing Teen Commission Resolution No. 09-078 to delete Section A regarding rankin so that all applicants would be interviewed, Resolution No. 09-115. 7. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Puttappaiah Muniyappa and Kavitha Puttappaiah, 10210 Peninsula Avenue, APN 326-22-017, Resolution No. 09-116. 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. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Arindam Chakraborty and Pompee Chakraborty, 930 Rose Blossom Drive, APN 359-06-028, Resolution No. 09-117. 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. Review bids and award the contract for 2009 Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2009-04, to Maxicrete Inc., in the amount of $418,605.00, and approval of a contingency amount of $40,000 for additional work that may be identified and approved by the Director of Public Works. 11A. Authorize the City Manager to sign, on behalf of the City, a West Valley Community Services application for funding a Homelessness Prevention and Rapid Re-housing Program. {HPRP} z-zo July 21, 2009 Cupertino Cifiy Council Page 4 ITEMS REMOVED FROM THE CONSENT (~ALENDAR (above) 3. Approve the minutes from the June 10 and July 7 City Council meetings. Deputy City Clerk Grace Schmidt distributed an amendment to the minutes of July 7, 2009, page 8, paragraph 7, to delete the phrase "...shall not create a strategic plan but..." Sandovai/Wang moved and seconded to defer this item to Aug 4 for staff to clarify that section in the July 7 minutes. The motion carried with Mayor Mahoney voting no. 9. Adopt a resolution approving a Parcel r~ for condominium purposes, Monta Vista Oaks Inc., a California Corporation, 21761 Granada Avenue, APN 357-17-116, Resolution No. 09-118. Approval of the parcel map permits the m;~p to be forwarded to the County for recording, which completes the subdivision. Wang/Sandoval moved and seconded to adopt Resolution No. 09-118. The motion carried unanimously. 11. Review bids and award the contract for the 2009 Slurry Seal Program, Project No. 2009- 06 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Under "postponements" this item was continued to August 4. PUBLIC HEARINGS 12. Consider a major amendment modifying the Architectural and Site Approval (ASA-2008- OS), Use Permit Modification (M-2008-(i3), Tree Removal Permit (TR-2008-06), and Director's Minor Modification (DIR-2008••32) for the purpose of extending the expiration date of these approvals for six years, I~hasing construction, clarifying conditions of approval, and modifying the traffic and signal improvement condition, Application No. M-2009-02, Tim Kelly (Embarcadero Capital Partners}, 1 Results Way, APN Nos. 357- 20-046, 357-20-041 (continued from June 16). The Deputy City Clerk distributed a draft "Voluntary Contribution Agreement" between the City of Cupertino and ECI Two Results, LLC, regarding transportation system improvements; an email from Judy Wilson. in support of the 5-year extension request; and a PowerPoint presentation. Senior Planner Colin Jung reviewed the st~~ff report and PowerPoint presentation. Applicant Sandy James explained that they are asking for an extension due to the poor economic conditions. She also noted that :hey have negotiated with the staff to deal with traffic mitigation as a separate issue. 2-21 July 21, 2009 Cupertino City Council Page 5 John Hamilton, Managing Principal of Embarcadero Capital Partners, reiterated the need for an extension and asked for council support. Mayor Mahoney opened the public hearing at 7:36 p.m. Jennifer Griffin said that it is important that this land remain as a tech site and said she is glad that the owner is willing to take a risk. She urged Council to make sure the lush landscaping is maintained on the property. Mike Foulkes, President of the Cupertino Chamber of Commerce, said he supported the extension. Mayor Mahoney closed the public hearing at 7:41 p.m. Sandoval moved and Mahoney seconded to approve the following, and the motion carried unanimously: • The Major Amendment (M-2009-02) modifying the Use Permit modification, Architectural and Site Approval, the Tree Removal permit, and the Director's Minor Modification to extend the expiration dates for five years, phasing construction, clarifying conditions of approval, and modifying the traffic and signal improvement condition • Stafl?s recommendation to delete Condition of Approval 4b in its entirety from the Planning Commission resolution, since the condition has already been fulfilled • Deleted the following sentence from the second bullet of Condition 3: "The Community Development Director has the authority to approve reasonable, minor adjustments of the plans" • Amended the second sentence in Condition 4a to read: "The improvements may include, but are not limited to, installing new pedestrian signal heads, a new traffic signal cabinet, a new traffic signal controller, new traffic signal loops, and replacing damaged pavement on the Results Way approach, pavement restoration and lane restriping" • Accepted the applicant's Voluntary Contribution Agreement providing $200,000 to reduce traffic congestion and increase pedestrianJbike safety within % mile radius of the project site west of Highway 85 UNFINISHED BUSINESS 13. Consider General Plan Amendments, Application Nos. GPA-2009-O1 and EA-2009-03, City of Cupertino, Citywide (continued from June 2): a. Adopt a Negative Declaration b. Consider increasing the office allocation in the General Plan 2-22 July 21, 2009 Cupertino City Council ~ Page b The Deputy City Clerk distributed an additional staff report listing General Plan office allocation for major companies, other areas in the City, and future office demands; a copy of the PowerPoint presentation; and an email to City Council from staff regarding General Plan language related to office all~~cation for major companies. City Planner Gary Chao reviewed the sta£l'report and PawerPoint presentation. Mayor Mahoney opened the public heariinl; at 8:36 p.m. Jim Cunneen, representing Hewlett Packard, said he supported staff's recommendation. Mike Foulkes, representing Apple Computer, said it was important for the company to grow in Cupertino and asked for Council':; support for the staff recommendation. Barry Chang said that he isn't speaking for growth or anti-growth but asked Council to consider the impact on the housing element while considering the office allocation because it would affect the entire city. Jennifer Griffin said that Cupertino is a mi.x of residential, office, and high tech and urged Council to proceed cautiously to be sure tr~ere is room for everyone. Keith Murphy said that the City should be prepared and needs to also grow on the housing element side. He urged Council to weigh the two issues together. Tom Hugunin said that he didn't see any information on the major companies in the staff report in the packet and that the public had no way to view the document that Council received this evening on the dais on tb~is issue. He asked what constituted a major company, would the office allocation beneficiaries lobby ABAG on the housing element portion, and how the City allocates the cost of the amendment to the beneficiaries. Hari Guleria said that this is one of the only places where property values are maintained, and he urged Council to encourage large companies in Cupertino. Mayor Mahoney closed the public hearing at 8:48 p.m. Council directed staff to recalculate the square footage of the existing major companies. Sandoval moved and Wang seconded to adopt a Negative Declaration. The motion carried unanimously. Wong moved and Santoro seconded to approve an office allocation of 483,053 s+luare feet, putting a total of 450,000 square feet into major companies and the rest into other area. The motion failed with Mahoney, S~uidoval, and Wang voting no, and Santoro and Wong voting yes. 2-23 July 2I, 2009 Cupertino City Council Page 7 Sandoval moved and Wang seconded to amend the General Plan to add an office allocation of 483,053 square feet analyzed in the 2005 General Plan. The motion carried unanimously. Sandoval moved and Wang seconded that the 483,053 square feet should go into the category of major companies in the General Plan. The motion carried with Mahoney, Sandoval, and Wang voting yes and Santoro and Wong voting no. Santoro moved and Wong seconded to take out the word "existing" in the definition of major companies. The motion failed with Mahoney, Sandoval, and Wang voting no, and Santoro and Wong voting yes. Council recessed from 9:20 p.m. to 9:30 p.m. NEW BUSINESS 14. Conduct a hearing and adapt a resolution approving the assessment of fees for the annual weed abatement program (private parcels), Resolution No. 09-119. County Weed Abatement Program Coordinator Moe Kumre answered questions from Council regazding fees, how notices are mailed out, and when inspections were done. Phil Aramoonie said that his property was inspected the second week in April and he did the weed abatement work the third week in April. He said that he would still pay the County's assessment fee. Don Chen said that his property was inspected but he never received a letter. He noted that last year the notice was sent out in June, and in April this year, according to the County. He said that he normally cuts his weeds in May when the rainy season is over and in this case the County had already done the work and assessed the fee. He protested the fee as excessive and unfair and requested a waiver. Mr. Kumre answered questions from Council including a question regarding an appeal process. He responded that if the property owner can show that the County is in error of having done the work or miscalculating the fees, then the charges can be removed. Sandoval moved and Wong seconded to adopt Resolution No. 09-119. Wang offered an amendment to waive the fees for the two people who protested this evening. The motion failed for lack of a second. The original motion carried with Santoro voting no. Council gave direction to staff to agendize in the near future a discussion regazding the County weed abatement deadline date for next year and an explanation of the County's fees. 2-24 July 2l, 2009 Cupertino Ci~:y Council Page 8 1 S. Consider the following actions for a trial x~eriod for anoff-leash area for dons: a. Adopt rules for use of an off-leash area for dogs in a City park b. Authorize a subcommittee from members of the Citizens Group to work with the City and County of Santa Clara to conduct a study for a fenced dog p~u•k at Stevens Creek County Park c. After neighbor and park user support is obtained by the Citizens (Jroup Committee, authorize asix-month, trial for a fenced off-leash area at Linda Vista Park d. Continue the community discussion with a smaller, appointed group of citizens for a trial period for an unfenced aff--leash area at Memorial Park and/or Jollyman Park The Deputy City Clerk distributed copies of a PowerPoint presentation titled "Trial Period for an Off-Leash Axea for Dogs" as well as emails dated July 21 from v~?rious community members regarding their preferences for anoff-leash area for dogs, a fenced area for dogs, and other topics related to a dog park. (Note: City Council received other emails earlier in the week). Senior Recreation Supervisor Julia Lamy reviewed the staff report and PowerPoint presentation. The following individuals spoke against a:s off-leash area for dogs: Judy Harrison Rok Sosic Anu Srikanth Randy Ong Adina Bidel Vickie Wu Cheng Zhang Chris Copeland Barry Feeley Sophie Wang Hongqing Yi Ardith West Sanjay Sawhney John Xiao Greg Labmeier Lynn Frake Paul McNulty Mary Jo Gunderson John Woolfolk Dan Koren Paul Chan Tamima Koren Sue Copeland Philip Tsai David Fung (also spoke for Cecil Coe, lvlehrnaz Hada, Ted Hou, David Klinger, Judy Klinger, Dan Koren, Robert Kroeger, Erin Labmeier, Manisha Puranik, Runping Qi, Premika Ratnam, and Karen Seale and distributed a handout titled, "Off-Leash Dog Policy Proposal for Cupertino City Parks") 2-25 July 21, 2009 Cupertino City Council Page 9 Adwait Sathye (distributed a petition titled, "Petition against off-leash dogs in Cupertino parks (especially Jollyman Park)" Kuo-Lon Soong (distributed a handout titled, "Save Linda Vista Park People's Voice") Their comments included: support of a legal, fenced, off-leash area in Memorial Park or Linda Vista Park; issues with wildlife in parks like Linda Vista if there is a fenced, off- leash area; too dangerous for children under 4 years old in Jollyman Park; off-leash dogs would influence park quality; cleaning up dog waste is costly; complete discussions such as safety issues before going to trial; dogs off-leash can be over-exuberant; don't use only one particular park for a fenced in area; parking lot will fill up and people will park in the street; noise issues with dogs barking; there are already fenced-in dog parks not too far away; the proposal is too broad; enforcement issues. The following individuals spoke in support of an off-leash area for dogs: Geoff Fong Carol Miller Eric Wilson Sherri Stein Betsy Daugherty Mindy Grant Jim Black (also spoke for Barbara Jeff Hu Black} Alvin Hu Darcy Paul Vivian Hu Iraa Guleria Don Rosenbaum (also spoke for Arlene Rosenbaum and Sherry Fang and submitted a handout titled, "Consider actions for a trial period for anoff--leash area for dogs") Hari Guleria (also spoke for Melissa Drysdale, Tapia Tengan, and Karen McKinlay and submitted a petition for off leash dogs in Jollyman Park that was included in the Council packet as Attachment K) Their comments included: parks are almost empty at most times of the day; many hours could be set aside during the day for anoff-leash area without interfering with other park users; Cupertino parks should be multi-use to accommodate all users without discrimination; have simultaneous trials for both fenced and unfenced off leash areas; perform surveys of park users and neighborhood residents; Jollyman petition shows active citizens ready to help during a trial; suggested locations for off-leash areas include Memorial Park, Library Field, and Linda. Vista; don't impose setbacks; noise levels not an issue; have trials at many parks and pat just one specific park. Santoro moved and Sandoval seconded to adopt rules for use of an off-leash area for dogs in a City park; authorize a subcommittee frrom members of the Citizens Group to work with the City and County of Santa Clara to conduct a study for a fenced dog park at Stevens Creek County Park and continue to look at an alternate site; have staff initiate a neighborhood survey for neighbors within 1000 feet in all directions from Jollyman Park, Linda Vista Park, Memorial Park, and the Library Field for an unfenced off-leash area z - is July 21, 2009 Cupertino City Council Page 10 and 30 days of surveys for park users; 50'% of those surveyed must agree to an unfenced off leash area; blue tags are required for both dogs and owners to use unfenced areas; look into increasing either code enforcemE;nt or sheriff services to patrol the area; develop an educational program for neighbors and users of the site and include the information on the city channel; add signage to the off-leash sites. Wang offered a friendly amendment to sw~vey neighbors within 2000 feet in all directions from the 4 parks. Sandoval suggested 1500 feet for the survey and Santoro accepted the friendly amendment fox 1500 feet. The motion carried unanimously. Council recessed from 1:57 a.m, to 2:05 a.m. 16. Consider placing a measure on the November 3, 2009, General Municipal Election to amend the telephone Utility Users Tax (UUT) ordinance. The amendment would modernize the municipal code wording to treat all taxpayers the same regardless of technology used, with no rate increases and no changes to senior citizen exemptions: a. Adopt a resolution to place a measure on the ballot at the November 3, 2009, General Municipal Election, Resolution No. 09-120; or b. Defer the matter at this time and direct staff to undertake further study and report back with options regarding such a. measure at a future election The Deputy City Clerk distributed a merrio from Finance Director David Woo regarding the definition of "Private Telecommunicai:ion Service" and a PowerPoint presentation. Finance Director David Woo reviewed the; staff report and PowerPoint. Jim Cunneen, representing Hewlett Packard, supported staff s recommendation. Mike Foulkes, representing the Cupertino Chamber of Commerce, supported staffs recommendation. Jennifer Griffin asked if she, as a private:, user, would pay taxes on both her telephone landline and her cell phone, would Cupertino receive the revenue, and she also asked if websites are taxed. Mayor Mahoney responded that she would be taxed on both phone lines and Cupertino would receive the revenue, but there no plan to tax websites. Sandoval moved and Wang seconded t~~ adopt Resolution No. 091-120. The motion carried unanimously. 17. Consider canceling the meeting of August 4. (No documentation in packet). Council took no action. 2-27 July 21, 2009 Cupertino City Council Page 11 ORDINANCES 18. Conduct the second reading of Ordinance No. 09-2046: "An Ordinance of the City Council of the City Of Cupertino amending Chapter 9.06 of the Cupertino Municipal Code relating to massage establishments and services by replacing it in its entirety." Wang moved and Santoro seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wang moved and Santoro seconded to enact Ordinance No. 09-2046. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 3:07 a.m. Wed., July 22, the meeting was adjourned. Crrace Schmidt, 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,or~. 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. z-2s