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CC 02-03-09CUPERTINO APPROVED P/IINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, February 3, 2009 ROLL CALL At 5:32 p.m. Mayor Orrin Mahoney called the regular meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. STUDY SESSION A. Review the City Coninzission Process - An informal discussion to explore ways of improving Council/commission integration., including, but not limited to: 1) Interview processes 2) Formation of new commissions 3) Retirement of existing commissions 4) Council/commission integration 5) Progress reporting of commission work and issues Council members discussed the interview and appointment process for commissioners. Council member Sandoval noted for the record that many times when the Council has an agenda item and finds that the item has not been noticed, or the affected organization has not been invited, the matter is postponed in order to send the notice and invitations. She said that in this case, the commissioners were not notified or invited, and she felt that was a necessary step to promote open and transparent government. Sandoval moved to cancel the study session at this time, give notice to the commissions, and reschedule the item to a 5:30 p.m. televised session. Mahoney seconded for purposes of discussion. Wong called for the question, and the motion failed with Wang, Wong, and Santoro voting no. Wong noted that tonight's study sessiori had been legally noticed. Discussion continued regarding the interview process. Topics included: (1) Who is the appropriate person to notify incumbents that wer<: not reappointed; (2) Consider extending the interview length for more complex interviews; (3) Consider a Council discussion session after the interviews but before the vote in order to analyze what the Council is looking for in certain February 3, 2009 Cupertino City Council Page 2 commissions; (4) Should the Council members allow or discourage lobbying or endorsements for commissions or members; (5) Identify ways to better coordinate with the City Clerk's Office to arrange back-to-back interviews; (6) Consider an orientation for commissioners before they are interviewed or appointed; (7) Consider whether ~i more formal process is needed to create or dissolve a commission; (8) Should there be formal presentations from the commissions every year; (9) Should there be formal Council liaisons Ito commissions, informal drop-ins by Council members, or other solutions for Council to stay informed about commission activities; (10) Consider ways to improve attendance reporting and enforcement; (1 1) Should a process be developed to review commissioners annually instead of every four years when they are up for reappointment; (12) Should there be a process to replace an incumbent with a new applicant at any time during the incumbent's term. Former Bicycle Pedestrian Commissioner May Koski noted that at the Mayor's monthly breakfast, it was common for the commissions to ;send a different representative every month so that many people got to hear what the other commissions were doing. She also suggested that Council members make a point of visiting other commissions when the staff liaison is present, for those commissions that are staffed at only half of the meetings. Council members concurred that: (1) The mayor should personally notify any incumbent who is not reappointed; (2) Commission attendance should be reviewed by the Council every six months instead of annually; (3) Commissions should report to Council annually; (4) Council members will make informal visits to the commissions, and report those visits under the category of "Council Reports" at their Council meetings. RECESS At 6:32 p.m., Council recessed the study session, and reconvened in the Council Chambers for the regular business session at 6:50 p.m. PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and lei 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 -None POSTPONEMENTS -None February 3, 2009 Cupertino City Council Page 3 WRITTEN COMMUNICATIONS The City Clerk distributed the following written communications: For item No. 13: • A letter from Darrel Lum with suggestions for the Heart of the City Specific Plan • A handout from Darrel Lum titled Attachment 1, Heart of the City Landscape at the Oaks • A handout from Darrel Lum titled Attachment 2, Heart of the City Specific Plan/Library • A copy of the staff PowerPoint presentatiori • A copy of the City's report from the Grand Boulevard Committee dated November 6, 1991 For item No. 14: • A copy of the staff PowerPoint presentatior~. • A color-coded map of wireless communication facilities • An email from Santa Clara County Sheriff Capt. Terry Calderone supporting the ordinance For item No. 15, a copy of the staff PowerPoint presentation For item No. 16, a letter from Adam Montgomery, Silicon Valley Association of Realtors, suggesting an amendment to the ordinance For item No. 17, a petition from property owner: of John Way and Kirwin Lane requesting a rural designation and sidewalk exemption For item No. 18A, an agenda of the Cupertino Senior Center Volunteer Advisory Council ORAL COMMUNICATIONS Sparky Cohen noted that, prior to each Council meeting, the lobby television showed programming highlighting various city events. He suggested a similar resource for the Cupertino Library. In addition, Mr. Cohen noted that the current Mayor's picture in the lobby was not displayed in the proper order. The City Manager stated that he would check that all three locations where the photos were posted were current. CONSENT CALENDAR Wong moved and Wang seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. l0 and 12 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 1. Approve the minutes from the January 12 City Council meeting. 2. Adopt resolutions accepting Accounts Payable for January 16 and 23, Resolution Nos. 09-013 and 09-014. February 3, 2009 Cupertino City Council Page 4 3. Adopt a resolution accepting Payroll for Jariuary 23, Resolution No. 09-015. 4. Accept the Treasure's Investment Report for December 2008. 5. Adopt a resolution approving the Treasurer/Deputy Treasurer appointment, Resolution No. 09-016. 6. Accept an application for an Alcoholic Beverage License for Regus, 10297 S. De Anza Blvd., On-Sale Beer 8z Wine -Public Premises (42). (Continued from Jan. 20. Regus withdrew the application). 7. Accept municipal improvements, Tantau Investments, LLC, 10900 Tantau Avenue, APN 316-09-029. The applicant has completed City-specified improvements in the City right-of--way, including easement, grading, and on-site storm drain work as required by the improvement agreement with the City. Accept city projects performed under contr~ict: Local Streets Pavement Management 1, Project No. 2008-03 (O'Grady Paving, Inc.;i. The City's contractor O'Grady Paving, Inc. has completed work on the Local Streets Pavement Management 1 Project. The work included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. 9. Accept city proiects performed under contract: Maior Streets Pavement Manaeement, Project No. 2008-04 (O'Grady Paving, Inc.;i. The City's contractor O'Grady Paving, Inc. has completed work on the Local Streets Pavement Management 1 Project. The work included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. 11. Accept a donation of furniture, fixtures, library reference books, and other items at an appraised value of $16,495.00 from Charles, Kilian. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 1 O. Accept city proiects performed under contract: 2007-08 STP Overlay, Project No. 2007-01 (G. Bortolotto 8c Company, Inc.) The City's contractor O'Grady Paving, Inc. has completed work on the 2007-08 STP Overlay Project. The work included asphalt overlay on various streets throughout the city. February 3, 2009 Cupertino City Council Page 5 The City Clerk noted a typographical error in the agenda, and said that the contractor name should have been O'Grady Paving, In.c., and not G. Bortolotto 8c Company, Inc. Wang moved and Sandoval seconded to accept the project. The motion carried unanimously. 12. Accept the Planning Commission recormendation to appoint Lisa Giefer as the Environmental Review Committee representative. Vice-Mayor Wang noted that this appointment was not urgent, and she recommended deferring the appointment out of respect and courtesy to the recently-appointed Planning Commission. Council member Sandoval stated that the seated Planning Commission had made the recommendation and she wa.s in favor of moving forward with their recommendation. Council members Santoro and Wong raised concerns about this Planning Commission appointment being made via email and believed the vote should be done in a public meeting. Councilme:mber Sandoval supported continuing this appointment as she did not support the Commission voting by email. Wang moved and Wong seconded to defer this item for two weeks. The motion carried unanimously. Mayor Mahoney reordered the agenda to hear Staff Reports next. STAFF REPORTS 19. Receive a report concerning a citizen complaint regarding excessive noise from roof- mounted mechanical equipment located at the Marketplace Shopping Center (Yogurtland), 19770 Stevens Creek Boulevard. City Planner Gary Chao reported that in April, 2008, a complaint had been received concerning the noise levels at Yogurtland. Code Enforcement had reviewed the matter and determined that the noise levels were below those allowed by code. A further complaint was made in January, 2009, and staff again determined that the noise levels were within the allowed amounts. Staff worked with the property owner and the business owner, and the business owner took mitigating measures to correct the situation but the property owner said the noise issue had shill not been sufficiently addressed. Staff noted that the noise ordinance did not address this type of situation where there may be a constant noise generated which is below th<: noise limitation. The following individuals spoke regarding the noise ordinance: Virginia Tamblyn, George Monk, Keith Murphy and Tom Hugunin. They supported an ordinance which would address constant noise levels. It was suggested that the property owners be responsible for getting certain issues resolved within a certain timeframe and that the city officials be aware of the neighbors' needs. February 3, 2009 Cupertino City Council Page 6 Council agreed that more information was needed about the issue of constant noise and whether it should be addressed in the municipal code. In this situation there was little recourse since the noise levels were below those currently allowed, but the issue could be re-examined during the use permit review. Staff noted that Cupertino's noise levels were comparable with other cities and no other c:ity addressed the issue of constant noise. Staff recommended that input be obtained from both businesses and neighbors, since lowering allowable levels could create non-conforming situations. Council agreed that staff should report bacl~: to Council in a month on this issue. PUBLIC HEARINGS 13. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard between Highway 85 and the Eastern ~~ity limit. Heart of the City Specific plan amendments to achieve conformance with the General Plan. (Postponed from January 20). The City Clerk distributed the following items at the meeting: • a letter from Darrel Lum, Feb. 2, 2009, with suggestions for the Heart of the City Specific Plan • A handout from Darrel Lum titled Attachment 1, Heart of the City Landscape at the Oaks • A handout from Darrel Lum titled Attachment 2, Heart of the City Specific Plan/Library • A handout of the staff PowerPoint presentation • A copy of the city report from the Grand Boulevard Committee dated November 6, 1991 Senior Planner Aki Honda Snelling presented the staff report. She said that on December 16, 2008, Council reviewed the updated version of the Heart of the City, accepted comments from the public and directed staff to prepare a map of the Heart of the City Plan area showing the land uses by type and percentages. Council also directed staff to clarify miscellaneous items in the draft Conceptual Plan. For tonight's meeting staff had prepared a map based on the current boundaries and had clarified several items within the Conceptual Plan. The following addressed the Council concerning the Heart of the City Plan: Jennifer Griffin, Tom Hugunin, Keith Murphy and Virginia Tamblyn. These speakers supported the Heart of the City Plan and urged Council to make good decisions for the city's future. Change was good but they supported keeping the basic layout of the city. They also strongly supported the protection of the trees along Stevens Creek Boulevard as well as the full public rights-of--way. They believed the Heart of the City Plan, while needing some modification, was a reasonable plan. Mayor Mahoney read one of the letters th:~t had been submitted by Darrel Lum. In part Mr. Lum's letter stated that the Heart of the City Plan dated Feb. 3, 2009, was primarily a February 3, 2009 Cupertino City Council Page 7 landscape plan and lacked the original policy framework of overall goals, policies and strategies. In addition Mr. Lum stated that the original Heart of the City Specific Plan should be updated to reflect the changes ~idopted in the 2005 General Plan and should continue to be in the form of a specific plan. Council discussed several issues, includin€; definition of a conceptual plan vs. a specific plan, tree protection, conformity with the General Plan, zoning, boundaries (including the suggestion of expanding the boundaries as part of the General Plan amendment process) and format of plan. Mayor Mahoney suggested making the Heart of the City Plan consistent with the current General Plan, knowing that there would be changes made in the future, or making the Heart of the Cite Plan match what Council thought they were going to have. Interim City Attorney Mark Hynes concurred with the Mayor's comment, stating that Council could create a draft that was consistent with the current General Plan, with the idea that was where Council thought things, were headed, and with the understanding that Council would be doing this in conjunction with future amendment of the General Plan. Council could draft a working document while working on the General Plan amendments. Any applications received before any such amendments were approved would be subject to the current General Plan and adopted Heart of the City Plan. Community Development Director Steve Piasecki suggested adopting a Heart of the City Plan with boundaries as defined in the current plan, with an expanded area to be reviewed when General Plan amendments were discussed in six months. Council reviewed the document before them and made the following changes: Introduction: change 250 acres to 552 acres • Policy Framework: 1. Should read:: Require shared parking arrangements in the Crossroads area in mixed use deveaopments; 2. Correct to state streetscape plan; 3. Delete; 5. Should read: Plans for -the new projects should include pedestrian and bicycle pathways, incorporating the City's existing network; 6. Delete; and • Eliminate section Nos. 1, 2, 3 and 6 in the Policy Framework as recommended by the Planning Commission. • streetscape Design: staff will redraft wording regarding trees particularly as related to retail visibility -city may adjust requirements on a case by case basis • Development Standards and Design Guidelines: delete fourth paragraph; • Development Standards: 1) delete: the statement - "Drive through uses are discouraged"; 2) add wording to section A.3 on height regarding noise mitigation; 3) concurred with highlighted sections and on page 18 staff to develop wording for #2 concerning residential/existing residential uses; • Application Requirements and Approval Authority -concurred with wording and on page 25 change the last word `recommended' to `allowed'. Council agreed that the following sections would be brought back for additional discussion: page 12 item 3; all of page 13, page 14 section C.l.b; page 16 section B.1; February 3, 2009 Cupertino City Council Page 8 and all of page 19. Council further directed staff to prepare acolor-coded map regarding zoning for Council's review. Wong moved and Sandoval seconded to c:ontinue this item for 2 months to a televised study session with special advertising done in the Cupertino Courier. The motion carried unanimously. RECESS The Council was in recess from 9:50 p.m. to 10:03 p.m. PUBLIC HEARINGS (continued) 14. Consider Application Nos. MCA-2008-04 (EA-2008-09), City of Cupertino, Citywide: Wireless Communication Facilities. a) Neeative declaration b) Municipal Code Amendment to Chapter 19-108-Wireless Communications Facilities, regarding additional si-ling options, clarifying review criteria and streamlining some of the minor review processes. Conduct first reading of Ordinance ]~lo. 09-2038: "An ordinance of the City Council of the City of Cupertino amending chapter 19.108: Wireless Communications Facilities, of the Cupertino Municipal Code regarding the expansion of potential site location:, adding design and siting review criteria and miscellaneous technical changes". The City Clerk distributed the following items at the meeting: • A copy of the staff PowerPoint presentation. • A color-coded map of wireless communiication facilities • An email from Santa Clara County Sheriff Capt. Terry Calderone supporting the ordinance Senior Planner Colin Jung gave the staff report, and explained that the updated map Council had received included proposed wireless locations in residential planned development areas. He also handed out letters from Gail Brownell, Praud Consari and Seth Ferry, CEO of Joint Venture Silicon Valley in support of the ordinance amendments. Mr. Jung noted that the amendments included the expansion of potential site locations, adding to the design and siting criteria and miscellaneous technical changes. He also noted that in 1997 the Wireless Communications Ordinance was adopted and in 2003 the Wireless Facilities Master Plan was adopted. In 2007 the Technology, Information, and Communications Commission (TICC) conducted a survey on cell phone coverage and antennae in the City, and in 2007 Council directed the TICC to work with staff on regulations to address cell phone coverage issues. The Planning Commission held public hearings on the draft ordinance, and it was unanimously approved by the Planning February 3, 2009 Cupertino City Council Page 9 Commission as amended. The ordinance before Council would allow site locations in RHS, OS and PR (public park) zoning districts with city review; would allow site locations in common-interest areas of residential and mixed use planned developments with use permit and homeowner association approval; and would allow site locations on non-city utility poles and towers, regardless of zoning district. The ordinance also included the recon~.n~endation that mast and antenna setbacks be left at a minimum of 50 feet from a residential property line with certain modifications. Staff recommended approval of the ordinance before Council rind noted that the amendments would actually facilitate the development of a Distributed Antenna System (DAS) communications network if one were proposed by a wireless carrier. Andy Radle, TICC Commissioner, supported the proposed ordinance and believed that it provided a measured change that would .address the needs of the coningunity and the residents, would improve public safety communication needs and would have a positive effect on the business community. He also noted that other options were available but there were limitations and they were not readily available. These options however could be reviewed by their committee. He further commented that the aesthetic concerns would be addressed. Peter Freidland, TICC Commissioner, noted that the committee had worked closely with staff and the Planning Commission. He said that currently there were two major carriers in the city (ATB~T and Verizon) but there were gaps in the service areas. He believed this ordinance provided the city with options to fix the existing gaps in cell phone usage in the city while remaining open to other technological opportunities. He also noted that the DAS system was less obtrusive but was a low power system that required many smaller antennas and had limitations. Jonathan Lin, Jan Edbrooke, Tom Hugunin, Virginia Tamblyn, Keith Murphy and Steve Scharf stated they did not support this view ordinance. Their concerns were that the proposed ordinance did not address all of the issues, the residents did not want the towers near their homes or in public parks, and other technology such as DAS should be investigated. Jennifer Griffin believed that the Council should demand the telecommunications companies conducting business in the city to provide the best service and less obtrusive options. She also thought the 50 foot setback should be from the property line and not from the house. Darren Merritt, representing the Verona Board of Directors, stated their support for the ordinance because it addressed the needs o_P the community. He said they were willing to have a tower placed on their property since it would provide better service as well as providing additional revenue. Sandoval moved and Wong seconded to adopt a Negative Declaration. The motion carried unanimously. February 3, 2009 Cupertino City Council Page 10 Council discussed several issues including towers on hillsides, school sites and in public parks, the notification to neighbors of potential cell site installations, aesthetic concerns and the setback requirements. Vice-Mayor Wang wanted to have a 1,000 foot notification if a neighbor raised a health concern but staff stated that there was a federal law that stated if the application could not be refused if it met federal standards for safety. Peter Freidland, TICC Commissioner, recommended that the Planning Commission be the primary review body with one TICC member giving a recommendation at the Planning Commission meeting as part of the formal process. Sandoval moved and Wong seconded to a~~proval MCA-2008-04 as shown in the model ordinance, with the amendment the Planning Commission will ask a TICC member to weigh in on any applications, the notification radius will be 1,000 feet, and the setback will be a minimum of 75 feet from residential property. The motion carried unanimously. Sandoval moved and Wong seconded that the TICC research the feasibility of implementing a Distributed Antenna System (DAS) and also evaluate other technology that may be available. The motion carried unanimously. The City Clerk read the title of the ordinance No. 09-2038 as amended. Sandoval moved and Wong seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. eyes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. UNFINISHED BUSINESS 15. Review and approve 2008-09 mid-year bu<ieet adjustment No. 2 which includes a report on City revenue and expenditures. (Continued from Jan. 20). The City Clerk distributed a copy of the staff PowerPoint presentation. Finance Director David Woo reported that Cupertino was doing well financially, compared to other municipalities, primarily because of the strong property tax base and the city's Strategic Fiscal Planning Proce:;s. However the decrease in sales tax, permit fees and interest earnings as well as the closing or bankruptcy of local businesses was having negative effects. The proposed budl;et adjustments were included in a list of mid- year 2008/09 expenditure reductions and increases that in total would offset this year's $1 million revenue decline. In part this list i~icluded the sheriff's contract, capital projects and a selective hiring freeze. The Finance Director also commented on the redevelopment agency monies in his report. The City Council asked for a study session to be scheduled for a tutorial on the Redevelopment Agenc}~. Wong moved and Sandoval seconded to approve the 2008/09 mid-year budget adjustment. February 3, 2009 Cupertino City Council Page 11 16. Conduct the first reading of Ordinance 710. 09-2037: "An Ordinance of the City of Cupertino adding Chapter 19.118.00 requiring artwork in public and private developments." (Continued from Jan. 20). The City Clerk distributed a letter from Adam Montgomery, Silicon Valley Association of Realtors, suggesting some amended wording to Section 19.118.060 (J), and an additional modification of that section by Community Development Director Adam Montgomery, Government Affair:> Director - Silicon Valley Association of Realtors, stated that he concurred with the amendment suggested by staff. While he was not in a position to speak for the Chamber of Commerce at this meeting, Mr. Montgomery noted that there might be some other discussion points regarding this ordinance but that could be done at a later elate. Jennifer Griffin thought that more discussion was needed regarding attaching a piece of art to a property as part of the CCBaRs. For example what would happen if the artwork was abandoned or the company went out of business. The City Clerk read the title of the ordinance. Sandoval moved and Wong seconded to amend the ordinance, section 19.118.060 (J) to read as follows: "The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall 1>e attached or recorded to the existing CCBLRs or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork," and 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. The City Council members concurred to consider raising the expenditure cap and/or percentage for art next time the city council. considered a General Plan Amendment. NEW BUSINESS 17. Adopt a resolution approving a request for ;semi-rural designation to eliminate sidewalk requirements along John Way pursuant to Ordinance No. 1925, Resolution No. 09-017. The City Clerk distributed a petition from property owners of John Way and Kirwin Lane requesting a rural designation and sidewalk exemption. Lin Tu stated that he was a resident on Jolui Way and the neighbors supported this semi- rural designation for their street. Sandoval moved and Wong seconded to adopt Resolution No. 09-017. The motion passed unanimously. February 3, 2009 Cupertino City Council Page 12 18A. Consider recommendation from the Cupertino Senior Citizens' Commission to dissolve the Commission. The City Clerk distributed the agenda of the Cupertino Senior Center Volunteer Advisory Council. Director of Parks and Recreation Mark Linder reported that currently there were two city organizations that were focused on senior issues. It was believed it would be a more effective use of volunteer and staff time to have only one such group, and the Senior Center Volunteer Advisory Committee had been in place for 44 years. Wong moved and Mahoney seconded to dissolve the Senior Citizens' Commission based on the recommendations of the Senior Citizens' Conin~ission and the city staff. The motion carried unanimously. 18B. Report from the study session on commission review process. Mayor Mahoney reported that Council had held a study session earlier in the evening and had agreed on certain issues as follows: (1) If a commissioner was reappointed the Mayor would contact that person first; (2) Council. had discussed changing the interview process but no decision was made; (3) Include additional materials in applications about informal orientation available from staff; (4) The Council would review commission attendance every six months instead of annually; (5) Council members were encouraged to sit in on some commission meetings to see how things were going; (5) Require annual status reports from commission; and the Mayor will provide a template for that report. Councilmember Sandoval stated for the record, that she was uncomfortable with having such a briefly noticed public session at 5:30 on commission interviews and process because the commissioners were not invited to attend. She said next time it should be on camera, on the dais, and commissioners should be invited to attend to provide input. Craig Lee, newly appointed Public Safety Commissioner, said he agreed with Councilmember Sandoval's comments. He said he was surprised to see this study session scheduled without any solicitation of input. He said he also believed that there needed to be a clearer statement regarding what Council expected from commissioners in terms of their scope of responsibility and their accoLmtability. Councilmember Santoro said he believed this meeting had been properly noticed and Council should continue the study session tonight after the regular session was finished. Council discussed whether or not to continue with the study session this evening or set it for another date. It was agreed to adjourn the meeting to the conference room and, due to the lateness of the hour, to continue the study session for only an additional twenty minutes. February 3, 2009 Cupertino City Council Page 13 ORDINANCES -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. STUDY SESSION (continued) At 12:58 a.m., Council reconvened the study session in Conference Room A. Council discussion continued, including the following: (1) What is the appropriate method to address the situation when commission members refuse to follow the policies or directives of the Council; (2) Should there be a code of conduct for Council members and/or commissioners; (3) What message may be sent to the volunteer community by Council's actions; (4) Since commissioners serve at the pleasure of council, what corrective measures, if any, should be taken before removing a commissioner. Interim City Attorney Marc Hynes said that if the Council wished to remove a person that they had appointed to a commission, at a minimum thc: commissioner should be given notice and an opportunity to be heard. Wong moved to remove Lisa Giefer from the Planning Commission. Santoro seconded for purposes of discussion. Acting City Attorney Marc Hynes explained that the Brown Act requires that the agenda notify the type of action that is anticipated, and he recommended that the Council not take action at this time because the agenda description was not sufficient for the proposed action to dismiss a commissioner. Sandoval offered a substitute motion to follow the city attorney's advice and take no action at this time. The substitute motion failed for lack of ai second. Hynes explained that a meeting in compliance with the Brown Act could be scheduled within 24 hours. Discussion followed as to whether the matter was urgent, if it was best to make changes on the Planning Commission while the recent interview:> were fresh in the Council member's minds, and whether the possibility of creating a negative public relations message outweighed an intention for prompt resolution of the matter. Wong and Santoro withdrew their motion. February 3, 2009 Cupertino City Council Page 14 ADJOURNMENT At 1:40 a.m. on Wednesday, February 4, the meeting was adjourned to Monday, Feb 9, at 6:00 p.m. f/or a`R/egular/Adjo~urn~ed~M~eeting to consider dismissal of a Planning Commissioner. Kimberly Smith, ity Clerk Staff reports, backup materials, and items distribLited 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 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.ort~ ,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.