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CC 04-21-09 APPROVED MINUTES C O P E RT I N O CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, Ap~ri121, 2009 At 4:32 p.m., Mayor Orrin Mahoney called the regular adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kri:~ Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. INTERVIEWS 1. Conduct interviews for a Housing Commi~~sion unscheduled vacancy. Council interviewed Jose Voltaire (JV) M;artin, Ramesh Nair, and Liutyng (Jessie) Lin. Council appointed Jessie Lin to a partial to;rm ending January 2011. CLOSED SESSION At 5:03 p.m. Council went into closed session. 2. Public Employee Performance Evaluation -Government Code Section 54954.5 regarding the evaluation of the City Manager. (No d~xumentation in packet). Mayor Mahoney reported out during the regular meeting that no action was taken in the closed session. 3. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section :i4957(b)(1) regarding appointment of the City Attorney. (No documentation in packet). Mayor Mahoney reported out during the regular meeting that no action was taken in the closed session. RECESS At 6:45 p.m., Council recessed. April 21, 2009 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:53 p.m. Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and l~~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 -PRESENTATIONS 4. Presentation from the Hsinchu Sister Ci1:y Association regarding the student exchange program and Chinese tea culture convention event. (No documentation in packet). Janice Sung, president of the Hsinchu Sister City Association, introduced Connie McNair who noted some highlights of the recent trip with 11 students to Hsinchu, Taiwan. Some of the students who went on the trip also spoke about their experiences. Janice Sung introduced a gentleman who said that the American Tea Culture Association was hosting an International Tea Convention in Cupertino on October 17 at the Senior Center and Memorial Park. He said that the convention was open to all residents. POSTPONEMENTS -None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the Following written communications: • Additional pages for item No. 9 • Corrected page 5-9 for item No. 5 • PowerPoint slides for item Nos. 16 and 17 ORAL COMMUNICATIONS Jared Finder talked about issues at Villa Serra that had been discussed at an earlier Council meeting. He said that the developer hasn't addressed assigned parking or two-week notices as promised. He asked Council to make sure the issues are resolved. Community Development Director Aarti Shrivastava responded that staff w~~uld follow-up on the issues. Happy Cohen requested that the band play a particular song when the Mary Avenue Bridge is opened on Apri130. Betsy Dougherty, representing a group called Cl~pertino Dogs, said that over 250 people signed an on-line petition at www.cupertinodo sg com supporting off-leash dogs in Cupertino. She urged Council to approve a trial period soon regarding; this issue. Mayor Mahoney said that Council Apri121, 2009 Cupertino City Council Page 3 hopes to move expeditiously on this. Parks and Recreation Director Mark Linder also responded that staff is pushing for an early June Council meeting date and that staff has been meeting with the Citizen Community Group and that the process is moving forward. CONSENT CALENDAR Wang moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Approve the minutes from the Apri17 Cit3~ Council meeting. 6. Adopt resolutions accepting Accounts Payyable for April 3 and 10, Resolution Nos. 09- 052 and 053. 7. Adopt a resolution accepting Payroll for Apri13, Resolution No. 09-054. 8. Accept an application for an Alcoholic Beverage License for Cafe Torre, 20343 Stevens Creek Blvd. - On Sale Beer & Wine, Eating Place (41). 9. Authorize the City Manager to negotiate: and execute an agreement with the Fremont Union High School District (FUHSD) for the provision of a summer school program entitled College Planning Workshop. 10. Accept municipal improvements, Chiao-Fu Chang and Sue-Fay L. Chang; Kok Y. Ho and Yuet M. Ho; Hsing H Kung and Margaret Kung, 21711, 21713 and 21731 Alcazar Avenue, APN(s) 357-19-058,018,079,080. The applicant has completed City-specified improvements in the City right-of--way including street light, street tree, sidew~ilk, curb & gutter, curb ramps, and driveway approach as required by the improvement agreement with the City. 11. Adopt a resolution accepting a uitclaim lDeed and Authorization for Underground Water Rights, Paul De Cillis and Paula J. De C'illis, 19112 Tilson Avenue, APN 375-09-001, Resolution No. 09-055. 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. 12. Adopt a resolution accepting a uitclaim :Deed and Authorization for Underground Water Rights, Louis Ying Lay and Phyllis Ann Choy Lay, 21600 Rainbow drive, APN 366-38- 012, Resolution No. 09-056. 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. April 21, 2009 Cupertino City Council Page 4 13. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Lin Tu and Shao Jing Yuan Tu, 10552 John Way, APN 359-18-007, Resolution No. 09-057. The property owners of this residential de~?elopment agree to grant to the City the right to extract water from the basin under the overlying property. 14. Adopt a resolution authorizing the City ]Manager to execute a Disadvantaged Business Enterprises Race-conscious Implementati~~n Agreement with the California Department of Transportation, Resolution No. 09-058. In the midst of the stimulus authorization process, there is being introduced a new DBE implementation policy that will take effect on June 2, 2009. 15. Assembly Bill (AB) 939 Solid Waste Mana ement programs: a. Adopt a resolution approving the ,Agency Agreement for the Countywide AB939 Implementation Fee, Resolution N~~. 09-059 b. Adopt a resolution approving the agreement for Countywide Household Hazardous Waste Collection Program, Resolution No. 09-060 ITEMS REMOVED FROM THE CONSENT I~ALENDAR (above) PUBLIC HEARINGS 16. Conduct the first of two public hearings regarding the use of seventh program year (2009- 10) Community Development Block Grant (CDBG) funds and Human Service grants, and begin review of the 2009 Annual Acti~~n Plan. Senior Planner Vera Gil reviewed the staff report via a PowerPoint presentation. At 7:40 p.m. Mayor Mahoney opened the ~~ublic hearing. Beverly Jackson, Executive Director of Rc;building Together, thanked Council for its past and continued support to help homeowners in Cupertino. Nick Bogdanovich, Board Member of Live Oak Adult Day Services, thanked Council for its past and continued support to help seni~~r citizens in the community. At 7:42 p.m. Mayor Mahoney closed the public hearing. Council concurred to continue this item to May 5 for the second public hearing. April 21, 2009 Cupertino City Council Page 5 17. Conduct the first reading of Ordinance No. 09-2042: "An Ordinance of the City Council of the City of Cupertino adding Chapter 115.74 to adopt the Wildland Urban Interface Fire Area" (Continued from March 17). Building Official Greg Casteel reviewed tl?e staff report via a PowerPoint presentation. Dirk Mattern, Deputy Chief -Fire Prevention Division, said that Santa Clara County Fire is recommending that the City adopt a larger area than the minimum State requirements that would more closely match the City's i;ormer hazardous fire area for hillsides. He said that the primary concern is defensible spice in that area and if Council only adopts the high zone, then none of the City's previously adopted hillside fire safety regulations would apply. Mayor Mahoney opened the public hearing and, seeing no speakers, closed the public hearing. Sandoval moved and Wang seconded to ciefer this item to May 5 and directed staff and County Fire to provide more information regarding current fire restrictions in Cupertino, how the orange zone would be impacted ii'the red zone is adopted, and provide the parcel numbers of the 10 parcels in the proposed red zone. The motion carried unanimously. Wong moved and Santoro seconded to reopen the public hearing. The motion carried unanimously. Hendricus Ryssemus said that his propert:~ is in the red area and he was concerned about being able to get fire insurance. He suggested de-annexing from the City of Cupertino. George Royer said his property is also in the red zone. He noted that the red zone is arbitrary because there are properties that are an even higher fire risk than his, and he asked Council to look into this more carefully before making a decision about what the State wants. He said he also did not want to be annexed to the City of Cupertino originally. Pete Matkovich said that he felt the same Nay as the two previous speakers. UNFINISHED BUSINESS 18. Approve the 2009-10 Council Work Program. Jennifer Griffin said that she and her neiglhbors are excited about the new park in Rancho Rinconada and urged Council to work on the Lawrence Linear Park. Wong moved and Wang second to adopt ~:he Work Program with a minor change to page 2, letter C, The Oaks Project, comments section to read, "The Oaks Theater may open again." The motion carried unanimously. Apri121, 2009 Cupertino City Council Page 6 NEW BUSINESS 19. Conduct the first reading of an ordinance reducing the infraction fine for a first violation of dogs off-leash in parks, dogs running ~~t large, public nuisance, and restraint of dogs, Ordinance No. 09-2043: (choose one of the following): a. "An Ordinance of the Cupertin~~ City Council adding section F to Chapter 1.12.010 of the Cupertino Municig~al Code regarding a $75 first infraction fine for dogs running at large, public nui:~ance, restraint of dogs, and dogs off-leash in parks." b. "An Ordinance of the Cupertinc? City Council adding section F to Chapter 1.12.010 of the Cupertino Municif~al Code regarding a $75 first infraction fine for dogs off-leash in parks." Parks and Recreation Director Mark Linder reviewed the staff report. Happy Cohen asked Council to look into this more closely before deciding what fee to impose due to circumstances beyond control of the owner, such as a dog getting away accidentally. The City Council chose option a of the t~NO draft ordinances and the Deputy City Clerk read the title of the ordinance as follows: "An Ordinance of the Cupertino City Council adding Section F to Chapter 1.12.010 of the Cupertino Municipal Code regarding a $50 first infraction fine, a $100 second infr;~ction fine, a $200 third infraction fine, and thereafter for dogs running at large, puti~lic nuisance, restraint of dogs, and dogs off- leash." Wang moved and Santoro seconded to reed the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, Wang, and Wong. Noes: Sandoval. Absent: None. Sandoval said that she voted no because not having a multiplier for a fine past the 3rd violation is short-sighted. ORDINANCES 20. Conduct the second reading of Ordinance No. 09-2041: "An Ordinance of the City Council of the City of Cupertino amending Sections 8.01.030 (Animals Running at Lar e , 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs) of the Cupertino Municipal Code by adding the following: Any person who violates this section shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. " The Deputy City Clerk read the title of the ordinance. Sandoval moved and Wang seconded to read the ordinance by title only and that the City Clerk's reading would April 21, 2009 Cupertino City Council Page 7 constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: None. Sandoval moved and Wang seconded to enact Ordinance No. 09-2041. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: None. STAFF REPORTS -None COUNCIL REPORTS Council directed staff to bring an item on the next agenda to consider canceling the May 19 meeting. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:26 p.m., the meeting was adjourned to Tuesday, May 5 at 5:00 for a Redevelopment Agency overview presentation, Community Hall Council (:hamber, 10350 Torre Avenue. C~ Gti~ U~ Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distrib~.~ted 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.cu ertir~o•or~ ,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.