04. Draft minutesCUPERTINt~
DRAFT N[INUTES
CUPERTINO CITY COUNCIL
Regular :Meeting
Tuesday, October 20, 2009
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber,
1035Q Torre Avenue, Cupertino, California, and ].ed 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.
CLOSED SESSION -None
CEREMONIAL MATTERS -- PRESENTATIONS
1. Presentation regarding online permitting. (No documentation in packet).
Information Technology Manager Mariyah Senatos demonstrated the first phase of online
permitting which is the latest edition to Cupertino's E-services.
Michael Gottwald asked if he could apply for a solicitor's permit online. Administrative
Services Director Carol Atwood explained that this particular permit is not online, but
anyone interested could visit the Code Enforcement office and apply for one.
2. Presentation of first place award in national competition from the City County
Communicators Association to Web Sx~ecialist Nidhi Mathur. (No documentation in
packet).
Mayor Orrin Mahoney presented the award to Nidhi Mathur. Public and Environmental
Affairs Director Rick Kitson reviewed the complete list of onluae E-services available,
and highlighted other web site improvements such as embedded videos, social media
access through Facebook, Twitter, and Yc~uTube, and an upgraded Google website search
function.
Ms. Mathur's husband, Pankaj Mathur, presented her with flowers.
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October 20, 2009 Cupertino City Council
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3. Presentation of third. place award in national competition from the City County
Communicators Association to Senior Recreation Supervisor Julia Lamy. (No
documentation in packet).
Mayor Orrin Mahoney presented the award from the National Association of
Telecommunication Officers and Advisors (NATOA) to Julia Lamy.
4. Proclamation recognizing the Friends of the Cupertino Library during National Friends of
Libraries week. (No documentation in packet).
Mayor Orrin Mahoney presented the proclamation to Acting Librarian Roseanne Macek.
POSTPONEMENTS -None
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following written communications:
• Email from Jennifer Griffin regarding Item No. 14
• Corrected page 6 to the City Attorney contract for Item No. 15
Mayor Mahoney noted that the special meeting that had been expected to take place after
tonight's regular meeting was cancelled for lack of business.
ORAL COMMUNICATIONS
Peter Skinner, representing the Silicon Valley Leadership Group, invited everyone to participate
in the 5th Annual Turkey Trot on Thanksgiving morning. He noted that in the past the event has
raised over $800,000 for local non-profits including the Housing Trust, the Second Harvest Food
Bank, and the Children's Health Initiative. The event is a SK walk/run and a 10K run, and
includes the Mayor's Cup challenge.
Barry Cinnamon from Akeena Solar talked about the Mayor's Cup Challenge in the upcoming
Turkey Trot event. He encouraged the Mayor, Council members, and other staff to compete
against other cities to win fihe Cup and receive points by participating in the event.
City of Saratoga Vice Mayor Kathleen King said that Cupertino would also receive points toward
the Mayor's Cup Challenge for putting information about the Turkey Trot event in City
newsletters. She encouraged people to participate and noted again the non-profit groups that
would benefit from this event.
Leslie Fowler requested that the scenic Circle gate be opened so that students can use it as a safe
path to school. She noted that opening the gate during school hours would allow the students to
go through the park to either Kennedy or Monta Vista safely, and to avoid Stevens Creek and
McClellan. She submitted a petition with over 100 signatures supporting the opening of the gate.
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Norm Donovan showed a map of the Scenic Circle neighborhood. He noted where the schools
were and that the only two paths to get from the neighborhood to the schools were either Stevens
Creek or McClellan Road. He said that his son, ~~vho attends Kennedy Jr. High School and rides
his bike to school on Stevens Creek, was almost hit by a car. He asked that the Council open the
Scenic Circle gate during school hours so the kid:; can walk or ride their bikes safely to school.
Kuo-Lon Soong talked about the survey for park use for off-leash dogs. She said she hoped
Council would open up a public hearing in the future on this matter.
Acting Cupertino Librarian Roseanne Macek nivited everyone to Cupertino Library's S-year
anniversary celebration. She highlighted the m~;ny activities planned for the day, including a
costume contest for the kids, formal presentations with City and County dignitaries,
refreshments, children's programs, performance" by local dance groups, and a Wii tournament
for the teens. She said that flyers would be in the City Hall lobby with. more information.
CONSENT CALENDAR
Wong moved and Sandoval seconded to approve the items on the Consent Calendar as
recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain:
None.
S. Approve the minutes from the October 6 (:ity Council meeting.
6. Adopt resolutions accepting Accounts Payable for October 2 and 9, Resolution Nos. 09-
1 b2 and 09-163.
7. Adopt a resolution accepting Payroll for October 2, Resolution No. 09-164.
8. Adopt a resolution approving an improvement agreement, Felicia Chow, 10460 South
Foothill Boulevard, APN 357-04-010, Revolution No. 09-165.
Through the improvement agreement with the City, the applicant for a building permit for
a single-family development will be obligated to bond and construct city-specified
roadside improvements along the street frontage of theix building site.
9. Adopt a resolution approving a Stormwater Management Facility Easement Agreement,
St. Jude the Apostle Episcopal Churct;, 20920 McClellan Road, APN 359-20-028,
Resolution No. 09-166.
Through an agreement with the City, the property owner of this commercial 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.
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10. Adopt a resolution approving a Stormwater Management Facilities Operation and
Maintenance Agreement, St. Jude the Apostle Episcopal Church, 20920 McClellan Road,
APN 359-20-028, Resolution No. 09-167.
Through an agreement with the City, the property owner of this commercial development
will be required to operate and maintain stormwater management facilities in accordance
with the approved Stormwater Management Plan, to minimize adverse impacts due to
changes in storm and surface water flow conditions.
11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028,
Resolution No. 09-168.
The property owner of this commercial development agrees to grant to the City the right
to extract water from the basin under the overlying property.
12. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Felicia Chow,
10460 South Foothill Boulevard, APN 357-04-010, Resolution No. 09-169.
The property owner of this residential development agrees to grant to 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.
13. Adopt a resolution accepting a 4uitclaim Deed and Authorization for Underground Water
Rights, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010, Resolution No.
09-170.
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)
PUBLIC HEARINGS
14. Considex a Municipal Code amendment to Title 17 of the Cupertino Municipal Code sign
ordinance, Application No. MCA-2009-01, City of Cupertino, Citywide.
First reading of Ordinance No. 09-2050: "An ordinance of the Cupertino City Council
amending Title 17, Sign Ordinance, of the Cupertino Municipal Code."
Associate Planner Piu Ghosh reviewed the staff report.
Council member Wang asked staff to look into the possibility of using green material in
signs to make them more environmentally friendly:
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October 20, 2009 Cupertino Ci~.y Council Page 5
The mayor opened the public hearing at 7:43 p.m. Seeing no speakers, the public hearing
was closed.
The Deputy City Clerk read the title of the ordinance. Wong moved and Sandoval
seconded to read the ordinance by title only, and that the Deputy City Clerk's reading
would constitute the first reading thereof and include the changes highlighted in yellow in
the draft redline ordinance handed out on the dais, in addition to the following language
changes:
• The last portion of the first sentence under 17.52.030 regarding abandoned or
discontinued signs would read "is prohibited and shall be removed" instead of
"constitutes false advertising"
• Table 17.32.030b regarding non-r~:sidential real estate would show the maximum
area as " 32 s.f. per face"
Ayes: Mahoney, Sandoval, Santoro, Wanl; and Wong. Noes: None.
UNFINISHED BUSINESS -None
NEW BUSINESS
15. Consider approving the final employment contract for the City Attorney and adopt a
resolution requesting the California Public Employees' Retirement System {CalPERS)
Board of Administration approve the extension of the temporary appointment of retired
annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-2010 by 630 Hours,
extending the 960 hours for the City Attorney, Resolution No. 09-171.
Sandoval moved and Wong seconded to adopt the resolution with the language
amendment to page 6 of the contract as f+~llows: change "commencement of the term" to
"execution" in the first sentence of th~~ second paragraph and "commencement" to
"execution" in the last sentence of the second paragraph. The motion carried
unanimously.
16. Consider changes to future meeting dates:
A. Nov. 3 -Code Section 2.04A10 states that "City Council meetings that fall on any
Election Tuesday shall automatically be moved to the first Monday of the
month." Does Council wish to hold a meeting on Monday, Nov. 2, change it to a
different day, or cancel it?
Mahoney moved and Wong seconded to cancel the meeting of Nov. 2 and to hold
the meeting of Nov. 17 unless Co~zncil members hear within a week that not all 5
members can attend, in which case the meeting would be moved to Nov. 30 at
6:45 p.m. The motion carried with Sandoval voting no.
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B. Nov. 17 -Does Council wish to hold a study session on the Mary Ave. Village
project before the regular meeting?
Council concurred to not hold a study session in November.
C. Dec. 1 -The installation ceremony for City Council will be held on Dec. 1, and no
regular business items will be scheduled for .that meeting. If a matter of some
urgency should arise, does Council wish to meet on a different day that week?
Council concurred that this would be a ceremonial meeting only.
D. Jan. 5 -Consider cancelling this meeting. Normal packet delivery would be Dec.
30. City Hall is closed beginning Dec 24, and re-opens January 4. The Planning
Commission may cancel their December 22 meeting.
Council concurred to discuss this at its Dec. 15 meeting.
ORDINANCES
17. Conduct the second reading of Ordinance No. 09-2049, "An Ordinance of the City
Council of the City of Cupertino Amending Cupertino Municipal Code Section
14.04.040, Street Improvements: Requirements -General, to include language regarding
rural and semi-rural desi n~ ation for properties with frontage along more than one street".
The Deputy City Clerk read the title of the ordinance. Wong moved and Santoro
seconded to read the ordinance by title only and that the Deputy City Clerk's reading
would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang,
and Wong. Noes: None.
Wong moved and Santoro seconded to enact Ordinance No. 09-2049. 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 8:40 p.m., the meeting was adjourned.
Grace Schmidt, Deputy City Clerk
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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 a~~propriate Packet.
Most Council meetings are shown live on Comcast Channe126 and AT&T U-verse Channel 99
and are available at your convenience at www.ctpertino.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.
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