04. Draft Minutes 11-29-06
CUPERJINO
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Tuesday, November 29, 2005
ROLL CALL
At 5:05 p.m., Vice-Mayor Lowenthal called the meeting to order in the Council Chamber, 10350
Torre Avenue, Cupertino, California.
City Council members present: Vice-Mayor Richard Lowenthal, and Council members, Dolly
Sandoval, and Kris Wang. Council members absent: Mayor Patrick Kwok, and Council member
Sandra James.
PUBLIC COMMENTS REGARDING CLOSED SESSION - None
CLOSED SESSION
1. Labor negotiations - Government Code Section 54957.6 regarding the evaluation of the
City Manager.
At 5:03 p.m. the City Council recessed to a closed session in Conference Room A, 10300
Torre Avenue, Cupertino, to discuss this matter.
At 7:35 Council reconvened in open session. The City Attorney announced that the City
Council had taken no action, and would return to a closed session on the same matter
once they had addressed item No.2 on the evening's agenda.
PLEDGE OF ALLEGIANCE
At 7:35 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre
A venue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and
Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent:
none.
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November 29, 2005
Cupertino City Council
Page 2
ORAL COMMUNICATIONS
Deborah Hill talked about speeding drivers, particularly near Rainbow Drive; how she had
assisted a woman who was nearly struck by a car at Stevens Creek Blvd. and Torre Ave.; and a
recent hit-and-run accident, which resulted in the death of a pedestrian near DeAnza College. She
suggested increased patrols be instituted.
NEW BUSINESS
2. Reconsideration Hearing on the decision of the City Council to deny the appeal of the
Planning Commission's approval of Application No. TM-2004-05, California Water
Service.
The City Clerk announced that City Council members had been given a rebuttal letter
from Cathy Helgerson. It was dated November 27,2005, and included attachments.
Public Works Director Ralph Qualls highlighted a PowerPoint slide show illustrating the
qualifications and procedures for a reconsideration, and reviewed the summary of
findings on review of the petition filed by Cathy Helgerson.
Qualls recommended that the City Council deny the petition for reconsideration and
approve the final map on the Greenleaf subdivision that is scheduled for December 6,
2005.
Cathy Helgerson referred to the lab report and asked for clarification about which well
was tested. Qualls explained that the map with the lab report was in error, that the lab
report itself refers to the Greenleaf subdivision, and that the applicant and the water
company had been very specific that it was the east end well that was tested.
Helgerson said there had been other errors that caused confusion and she now feels she
couldn't trust the City's credibility. She said that she believes there is contamination in
the water well, and that the City should wait for review by the Bay Area Air Quality
District and the Environmental Protection Agency before giving approval for the builder
to proceed. She said the City Council should consider the repercussions that may happen
if building begins and a contamination problem is verified. Qualls noted that a corrected
map has already been requested.
Deborah Hill said she felt that the City's water supply was safe and no contamination was
present.
The public hearing was closed at 8:15 p.m.
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November 29, 2005
Cupertino City Council
Page 3
Lowenthal/James moved to adopt Resolution No. 05-196 denying the petition of Cathy
and Dale Helgerson to seek Council reconsideration of approval of a tentative map (TM-
2004-05) for subdivision oflands owned by California Water Service (APN 326-33-107)
located on Greenleaf Drive, Cupertino. The motion carried unanimously and the petition
was denied.
RECESS
At 8:25 p.m., Council recessed to closed session to continue discussion regarding the evaluation
ofthe City Manager.
At 9:15 p.m., Council reconvened in open session. The City Manager announced that the City
Council had authorized the transfer of an amount equal to 3% of his salary to be placed into his
deferred compensation account. This transfer was in recognition of excellent performance, and
in recognition of the fact that he had not received an increase to his salary since July 15, 2002.
ADJOURNMENT
At 9: 15 p.m. the meeting was adjourned.
Kimberly Smith, City Clerk
For more information: Staff 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.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets.
Most Council meetings are shown live on Cable Channel 26, and are available at your
convenience from our web site. Visit www.cupertino.org and click on Watch Meetings.
Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City
Channel,777-2364.
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