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CC 03-03-09CUPERTINO APPROVED PvIINUTES CUPERTINO CITY COUNCIL March 3, 2009 ROLL CALL At 6:00 p.m., Mayor Orrin Mahoney called the meeting to order in Conference Room A of City Hall, 10300 Torre Avenue, Cupertino, and Council went into a closed session. Present: Mayor Orrin Mahoney, Vice-Mayor Kris 'JVang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the selection of a City Attorney. (No documentation in packet). At 6:00 p.m., Council recessed into a closed session and reconvened in open session at 6:45 p.m. Mayor Mahoney reported that a closed session was held, and no action had been taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mahoney called the regulaz meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mazk Santoro, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS -PRESENTATIONS -None POSTPONEMENTS -None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following items: • Terrain map, Lands of Lau, item No. 9 • PowerPoint slides from the Cupertino Teen Commission, item No. 17 • PowerPoint slides from the Public Safety Commission, item No. 17 March 3, 2009 Cupertino Cite Council page 2 ORAL COMMUNICATIONS Virginia Tamblyn stated that she had spoken at the February 3`d Council Meeting regarding the noise impact on her property from the neighboring yogurt business. She referred to a San Jose Mercury article about the City of Sunnyvale and a similar noise problem. Sunnyvale had required the business to take mitigating measures to correct the situation. Ms. Tamblyn noted that this was a quality of life issue and she urged the Council to do something about this situation. She fiuther commented that she had spoken with several exf~erts and had some suggestions to correct the problem. The City Manager reported that he had spoken with the owners of the yogurt shop and they were planning some improvements, and he would report on that at the next meeting. Betsy Dougherty said she had obtained 400 signatures on a petition in support of an off-leash dog policy. She noted that presently it was a misdemeanor if one's dog was off leash and she believed this was excessive. She supported a certain amou~it of time in parks for off leash which would not interfere with other park users. Staff noted that this issue was scheduled for discussion at the April 7 Council Meeting. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, said that the annual Star (service, teamwork, achievement and recognition) Awards event was scheduled for March 14"' and the recipients would be Ridge Vineyards (large business), Vardy's Jewelers (small business), Dave Howser of Sierra Office Supply and Printing (Chamber ambassador of the year) and Richard Lowenthal (Citizen of the Year). In addition a new ]?resident's Award would be given this year to the Rotary Club of Cupertino. She added that the April 2 Chamber mixer was being hosted by the Rotary Club featuring the Cupertino Library Foundation. Ruby Elbogen urged Council to support the off-lea:~h dog policy. She said it had been suggested that people police each other regarding this issue, t•~ut she would not do that. She urged that this group be treated as other groups are, as the soccer teams, to make sure their areas were kept clean and regulations followed. Sheaun Tsai coniu~ented on safety issues resulting Prom a construction project on his street. He noted a stop sign was not adequate to address the issue of speeding on the street. Margaret Tsai raised said she had serious health i;>sues and the light from vehicle traffic was interrupting her sleep. She said that the developer had not yet addressed damage done to their driveway and landscaping. Staff noted that the Placuiing Commission would look into Mr. and Mrs. Tsars concerns. CONSENT CALENDAR Wang moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 5 and 9 which were pulled for discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Approve the minutes from the February 17 City Council meeting. March 3, 2009 Cupertino Cite Council Page 3 3. Adopt resolutions accepting Accounts Payable for February 6 and 13, Resolution Nos. 09- 026 and 09-027. 4. Adopt a resolution accepting Payroll for February 20, Resolution No. 09-028. 6. Adopt a resolution accepting a Quitclaim I/~eed and Authorization for Underground Water Rights, Mohit Doshi and Moniker Doshi., 10651 Carver Drive, APN 375-34-049-00, Resolution No. 09-030. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 7. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Michelle Wang and Cheng-Yuan Michael Wang, 21885 McClellan Road, APN 357-14-008, Resolution No. 09-031. The property owners of this residential development agree 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. 8. Adopt a resolution accepting a Quitclaim D<:ed and Authorization for Underground Water Rights, Michelle Wang and Cheng-Yuan Michael Wang, 21885 McClellan Road, APN 357-14-008, Resolution No. 09-032. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overl3~ing property. 1 O. Adopt a resolution accepting a Grant of Easement for Streetlight Purposes, Bill Sullivan, 10430 Calvert Drive, APN 375-18-003, Resolution No. 09-034. The property owner of this residential development agrees to grant to the City an easement for streetlight purposes, together with the right to construct, repair, operate, and maintain any and all improvements which shall be or become necessary for operation of the streetlight over a portion of the property. 1 1. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Barbara Jean Risher, 21834 Corte ]Madera Lane, APN 326-45-042, Resolution No. 09-035. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlyiing property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) March 3, 2009 Cupertino City Council Page 4 5. Adopt a resolution supporting the efforts of the Santa Claza County Cities Association in promoting a regional approach on the use of disposable single use carry-out bags, Resolution No. 09-029. Mayor Mahoney indicated that this resolution supported the idea of a regional approach, but not any specific approach. Suzi Blackman, CEO of the Cupertino Chamber of Commerce, stated the Chamber had been .monitoring the single use bag tax. since November 2008. The Chambers of Commerce Coalition of Santa Clara County joined forces with the American Chemistry Council and the California Restaurant Association to oppose the draft model ordinance as proposed by the Santa Clara County Recycling and Waste Reduction Commission. They believed the bag tax would hurt consumers and businesses and there was no proven environmental benefit. Furthermore it ignored the current economic situation and created more bureaucracy. She also noted that the Commission had delayed moving forward due to the substantial opposition from the community and had directed their staff to prepare a tiered approach. While the resolution before council seemed to be reasonable, the Chamber was concerned that it might be construed as support for the draft model ordinance. Ms. Blackman did note that this was a complicated issue and one for which a proactive educational program was needed. Jennifer Griffin commented that this was a controversial issue and she hoped that the public would have an opportunity to comment on it. Council discussed the resolution before them. It was noted that the adoption of this resolution did not imply future consent of azry specific program, only that the issue would be discussed with the goal of a arriving at a ~:olution at a regional level. Mahoney moved and Sandoval seconded to adopt Resolution No. 09-029. The motion carried unanimously. 9. Adopt a resolution approving a Pazcel Man, Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-033. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Councilmember Wong asked why there had 1~een a period of about two years between the approval of the tentative map and the final snap. Staff responded that generally it was a result of the applicant's timetable, or the process or of obtaining financing. Wong moved and Wang seconded to adopt Resolution No. 09-033. Councilmember Santoro referred to the condition which required removal of the fence azound the pool and asked whether the final map should be approved before this condition had been met. The City Manager stated that he was not certain if the fence had Mazch 3, 2009 Cupertino Cit3~ Council Page 5 been moved at this time. However, the male could be approved at this time, and before the applicant made any changes on the proper-t}~, all conditions would have to be met. Wong withdrew his original motion. Santoro moved and Wang seconded to continue this item for 2 weeks to get fiu-ther informati~~n about the status of the fence. The motion carried unanimously. PUBLIC HEARINGS -None UNFINISHED BUSINESS 12. Accept the Planning Commission recommendation to appoint Lisa Giefer as the Environmental Review Committee (ERCI representative. (Continued from Feb. 3). Wong moved and Santoro seconded to app~~int Lisa Giefer to the Environmental Review Committee. Councilmember Sandoval referred to the st~~ff report which noted that the appointment of the Planning Commission Chairman to the; ERC was not part of the code, nor was it required that the City Council endorse the appointed Planning Commission representative. However, it had been past practice to follow these steps. Councilmember Wong noted that there appeared to be quite :~ bit of flexibility in the code as to who could serve on the ERC. Councilmember Santoro stated that the reason this matter had been pulled at an earlier Council meeting was because the Planning Commission vote had been done by email, which was not the correct procedure. The motion to appoint Ms. Giefer to the ERIC carried unanimously. 13. Consider approving a contract for Ci~Atton~ey services. (No documentation in packet). A. Terminate the currently approved contract for City Attorney services pursuant to Section S.O l .d(4) of the contract. B. Consider approving a new contract for City Attorney services. Interim City Attorney Marc Hynes said that the City Council did not need to take action on paragraph A, since that contract had not been signed. Santoro moved to authorize the Mayor, following Thursday's closed session, to either sign an interim contract for city attorney services or to hire an attorney as a retired annuitant. Sandoval seconded, and the motion carried unanimously. March 3, 2009 Cupertino Cit}~ Council Page 6 NEW BUSINESS 14. Consider renewing the voluntary cap of $2:6,500 for camvaien expenditures for the 2009 City Council election, Resolution No. 09-0:36. City Clerk Kimberly Smith noted that the <;urrent $26,500 limit had been set in 2007 and since then postage had increased as well :as the number of registered voters (25,917 in 2007 and 27,633 in 2009). The City Clerk also noted that anyone who was interested in tracking campaign expenditures could view them online or in the City Clerk's Office. Councilmember Santoro questioned whether it was worth it to set a voluntary limit if it could not be enforced by law. Sandoval moved and Wang seconded to adopt Resolution No. 09-036, amended to increase the voluntary expenditure limit to :28,000. The motion carried 4-1, with Santoro voting no. 15. Conduct the first reading of Ordinance No. 09-2040: "An Ordinance of the City Council of the City of Cupertino amending Section 2.18.080 of the Municipal Code relating to the City Attorney to clarify wording regardins a;valuations". The City Clerk read the title of the ordinance. Wang moved and Wong seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof Ayes: Mahoney, Sandoval, Santoro, Wang and Wong. Noes: None. 16. Set a date for the Annual Council work nrogram study session (No documentation in packet). Council members concurred to hold the meeting on Tuesday, March 24 at 5:00 p.m., at which time they will discuss the work program first and then hold a closed session to conduct the City Manager's evaluation. ORDINANCES -None STAFF REPORTS 17. Receive a report from the Teen Commission and Public Safety Commissions regarding a Walk/Bike/Carnool to school Program. (No documentation in packet). Lauren Phillips, Recreation Coordinator and Staff Liaison to the Teen Commission, and Daniel Pavlovic, Chairman of the Teen Commission, gave a PowerPoint presentation titled "Walk to School Program." The Chairman of the Teen Commission reported that in September 2008 they discussed a plan to promote awalk/bike/carpool to school event. In February 2009 there was a joint meetirig of the Teen Commission and the Public Safety Commission that worked on that plan for an event on April 22. The Teen March 3, 2009 Cupertino City Council Page 7 Commission was promoting the event and hoping for support from the business community. The Public Safety Commission was coordinating with the schools on the carpooling issues, and they hoped that this would be a recurring event and one for which students could attain community service hours. Ms. Phillips commented on the vazious incentives to students to participate in such an event. Tamaza Pow, Chairperson, and Daniel Nguyen, Vice-Chairperson of the Public Safety Commission gave a PowerPoint presentation titled "Encouraging Walking/ Biking/ Carpooling to School in Cupertino." They hoped to create long-term programs and incentives to make walking, biking and carpooling an ongoing effort. They were coordinating with the city's traffic consull:ant, the city staff and the PTAs on ideas and implementation. They noted the following possible programs in their presentation: carpool information in school directories, off campus drop-off point, parking preference for cazpoolers, traffic and health education programs for students and pazents, curbside unloading service, parent supervised walks to school and integration with the Block Leader Program. They were requesting the following from Council: ideas on program, incentives and budget and input regazding; roles of the city and the Teen Commission, Public Safety Commission and Bicycle/I'edestrian Commission on coordination and implementation. Geoff Paulsen, Chairman of the Bicycle/Pedestrian Commission stated his support of this program. Council stated their support for this program as an important addition to other programs already in place, and they felt it was essential to change the mindset and behavioral patterns and to encourage walking/biking/carpooling to school. The safety issue was also raised as a critical concern. Council also noted that currently there was $7,000 - $8,000 in the budget for such a program and additional funds could be obtained from the `green' budget as reducing the number of c:~rs on the road was certainly an environmental plus. Council recommended the commissions proceed with their program, prepare a budget, and arrive at suitable incentives. When <<sked if there should be a lead commission Council did not think that was necessary. The commissioners worked very well together and Council recommended that joint meetiings continue with the Chairman of the Teen Commission, the Public Safety Commission and the Bicycle/Pedestrian Commission present as well the staff liaisons. It was left to the commissions to decide if they wanted to include the Vice-Chairmen in the joint meetings. Council commended the commissions for their work on this important program. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. March 3, 2009 Cupertino Cit3~ Council Page 8 ADJOURNMENT At 8:37 p.m., the meeting was adjourned to Thur~;day, March 5, 2009, at 3:00 p.m., for a closed session regazding the selection of a City Attorney. ~r~n-~L2 ~~ ~.~?~c t~ Kimberly Smithr~ 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.cuDertino.ore. Click on Online Services, then Watch City Meetings. Most Council meetings aze shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cunertino.ore ,then click Online Services and Watch City Meetings. Videotapes aze available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.