02. Draft minutesCUPERTINO
DRAFT M[NUTES
CUPERTINO CITY COUNCIL
Special N[eeting
Monday, November 30, 2009
ROLL CALL
At 5:00 p.m. Mayor Orrin Mahoney called the re€;ular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval,
Mark Santoro, and Gilbert Wong. Absent: none.
CLOSED SESSION
At 5:00 p.m., Council-recessed to a closed session to discuss the following items.
1. Initiation of litigation pursuant to subdivision (c} of Section 54956.9: four potential cases.
{No documentation in packet).
2. Conference with labor ne otiators (Goverrunent Code 54957.6). City representative: City
Manager, City Attorney Group. (No docubn.entation in packet}.
At 6:58 p.m. Council reconvened in open session.
Mayor Mahoney announced that the Council had. met in closed session and that regarding the
first item, Council ratified f ling a Petition of Abeyance with the State Water Board on one case
and gave instruction to the City's legal counsel ox~ the three other cases; no action was taken on
the second item.
PLEDGE OF ALLEGIANCE
Mayor Orrin Mahoney called the regular meeting to order in the Council Chamber, 10350 Torre
Avenue, Cupertino, California, and led 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.
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November 30, 2009 Cupertino City Council
CEREMONIAL MATTERS -PRESENTATIONS
Page 2
Proclamation acknowledging design and construction awards to the City of Cupertino for
the Marv Avenue Pedestrian Bride. (No documentation in packet).
The City Council members viewed a video about the construction of the bridge.
Mayor Mahoney presented the proclamation to Public Works Director Ralph Qualls.
POSTPONEMENTS
• Staff requested that Item No. 9 be tabled
Staff requested that Item No. 30 be continued to December 15 or until supporting
documents have been received from the CaliforniaFIRST program managers
Wong moved and Sandoval seconded to table Item No. 9 and to continue Item No. 30 to
December 15 as requested by staff. The motion carried unanimously.
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following items:
• 10 emails from residents in support of Item No. 27, solid waste services contract
• Staff PowerPoint presentation for Item No. 28, Sterling Barnhart rezoning
• Staff PowerPoint presentation for Item No. 29, Apple rezoning
• Email from Kelly Ferguson from Siemens regarding Item No. 31, detailed energy audit
• 11 emails from residents in support of Item No. 32, safe routes to school
ORAL COMMUNICATIONS
John Bartas said that the building fees were excessive because the permit fee is almost as much
as putting a whole new roof on his house. He quoted from the California Building Code which
states that fees shouldn't exceed a reasonable amount necessary to administer or process permits
and other documents. He distributed a copy of his comments and he said he would like to hear
back from the City. City Manager David Knapp said that staff would look into the fees and report
back to Council and to Mr. Bartas.
CONSENT CALENDAR
Sandoval moved and Wong seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 9, 20, 24, 25, and 26, which were pulled for
discussion. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None.
4. Approve the minutes from the October 20 City Council meeting.
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November 30, 2009 Cupertino City Council Page 3
5. Adopt resolutions accepting Accounts Pa~/able for October 16, 23, 30, November 6 and
13, Resolution Nos. 09-172 through 09-175.
6. Adopt resolutions accepting Pa roll for October 16, 30, and November 13, Resolution
Nos. 09-177 through 09-179.
7. Accept the Treasurer's Investment rem f+~r September 2009.
8. Accept applications for an Alcoholic Bever.~age License:
A. Pebbles Deli Cafe, 10235 S. De ~~nza Blvd. - On Sale Beer & Wine -- Eating
Place (41)
B. Gokaku, 10789 S. Blaney Ave. - On Sale Beer & Wine -Eating Place (41)
C. 7 Eleven, 21490 McClellan Road -Off Sale Beer & Wine (ZO)
D. Bonjour Crepe Company, 19929 Stevens Creek Blvd. - On Sale Beer & Wine -
Eating Place (41 }
10. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water
Rights, Karen H. Tseng and Joseph R. ]:~atz, 20655 Nancv Court, APN 359-15-027,
Resolution No. 09-180.
The properly owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying properly.
11. Adopt a resolution accepting a Quitclaim L-eed and Authorization for Underground Water
Rights, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN
342-1b-035, Resolution No. 09-181.
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 approving an Improvement Agreement, Joshua Richardson and
Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09-
1' 82.
Through an improvement agreement with the City, the applicants for a building permit
for an addition to asingle-family residential development will be obligated to bond and
construct city-specified roadside improverr~ents along the street frontage of their building
site.
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November 30, 2009 Cupertino City Council Page 4
13. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Joshua
Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035,
Resolution No. 09-183.
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.
14. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Marie L. Medeiros, 10610 Johansen Drive, APN 357-36-012, Resolution No. 09-
184.
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.
1 S. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Jok Tong Yiu, 10613 Baxter Avenue, APN 326-11-014, Resolution No. 09-185.
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.
16. Adopt a resolution accepting a Ouitclaim Deed and Authorization for Underground Water
Rights, 10212 North De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088,
Resolution No. 09-186.
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.
17. Adopt a resolution accepting a Grant of Easement for Sidewalk Purposes, 10212 North
De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088, Resolution No. 09-
187.
The property owner of this commercial development agrees to grant to the City an
easement for sidewalk purposes, together with the right to use for sidewalk and public
access purposes and construct, operate, repair and maintain public utilities and
improvements, over a portion of the property.
18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Chie Jin Cheng, 10867 East Estates Drive, APN 369-22-022, Resolution No. 09-
188.
The properly owner of this residential development agrees to grant to the City the right to
extract water from the basin under the overlying property.
19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Gregory S. Young and Anjali S. Tate, 22050 Re~nart Road, APN 366-02-048,
Resolution No. 09-189.
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November 30, 2009 Cupertino Cit;~ Council Page 5
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the ovei~Iying property.
21. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Ravi Satrawada and Porkodi Ekambaram, 10561 Castine Avenue, APN 326-44-
034, Resolution Nv. 09-191.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin undex the overlying property.
22. Adopt a resolution approving an lmprovernent Agreement, Kong-Yeu Han and Sue-Jane
Han, 21881 Dolores Avenue, Parcel 1, Resolution No. 09-192.
Through an improvement agreement with the City, the applicants for a building permit
for asingle-family residential development will be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
23. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water
Rights, John Zhe Qu and Hang Xiao, 7948 Woodlark Way, APN 362-04-043, Resolution
No. 09-193.
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.
ITEMS REMOVED FROM THE CONSENT t:ALENDAR (above)
9. Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint
Commissioner Geoffrey Paulsen to the Santa Clara Valley Transportation Authority
Bicycle Pedestrian Advisory Committee fo;r a 2-year term.
Under "Postponements", Wong moved and Sandoval seconded to continue this item to
December 15 as requested by staff. The motion carried unanimously.
20. Adopt a resolution accepting a Quitclaim l:~eed and Authorization for Underground Water
Rights, Sheshaprasad Krishnapura and Malini Minasandram, 21947 Lind~Lane, APN
356-25-029, Resolution No. 09-190.
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.
Council member Mark Santoro recused ~;imself from voting on this item because the
applicant is his neighbor. He left the dais at 7:15 p.m.
Sandoval moved and Wong seconded to adopt Resolution No. 09-190. The motion
carried with Santoro absent.
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November 30, 2009 Cupertino City Council
Council member Santoro returned to the dais at 7:1b p.m.
Page 6
24. Award a construction contract for Sterling Barnhart Park, Project No. 2008-9126, to Elite
Landscaping Inc, of Clovis California, in the amount of $364,345 and approve a
construction contingency of $55,000 to cover any unforeseen work required to complete
the project, for a total of $419,345.
Sandoval moved and Wong seconded to award the contract. The motion carried
unanimously.
25. Authorize the City Manager to enter into a contract with Coulomb Technologies to
manage aplug-in electric vehicle charging station in the City Hall parking lot. Approve a
budget transfer of $10,000 from the Sterling/Barnhart Park capital project account 420-
9126-9300 to City Hall Facilities Maintenance account 110-8501-9100.
Sandoval moved and Wong seconded to approve the item. The motion failed with
Mahoney, Wang, and Santoro voting no and Wong and Sandoval voting yes. Council
directed staff to bring this item back in January with the mid-year budget adjustments.
26. Approve a fee waiver request from the Cupertino Area Chinese Language Education
Committee of approximately $90.00 in facility use fees for the use of the Cupertino Room
for the Cupertino City Council Candidates Forum on October 22, 2009, from 6:00 p.m.
unti19:00 p.m.
Lisa Wang, Secretary of the Cupertino Area Chinese Language Education Committee,
answered questions from Council regarding the forum.
Sandoval moved and Wong seconded to approve the fee waiver with wording
clarification that this was a forum for the Cupertino Union School District. The motion
carried unanimously.
Mayor Mahoney reordered the agenda to go back to Oral Communications.
Norm Donovan suggested that Council have each neighborhood identify what safe routes to
schools exist in their area, if any, and put together neighborhood task forces to discover other
options available if no safe routes exist.
PUBLIC HEARINGS
27. Consider approving a 5-Year Solid Waste Services Franchise Agreement with Los Altos
Garbage Company (LAGCo dba Recology, A Norcal Company) for solid waste collection
with additional collection services and expansion of recycling services, including
curbside collection of household hazardous waste for a rate increase of 50 cents a month
($6.00 per yeax) for the City of Cupertino effective November 1, 2010 and upon mutual
agreement after November 1, 2014 an option for an additional five years beginning
November 1, 2015 and authorize the City Manager to negotiate and bruag a final
agreement with LAGCo back to City Council for approval by spring of 2010.
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November 30, 2009 Cupertino City Council Page 7
Written communication for this item included I0 emails from residents in support of this
item.
Public Works Director Ralph Qualls reviewed the staff report.
John Zirelli, General Manager of LAGC;o, summarized all the services that LAGCo
would provide to Cupertino and encouraged Council to approve the contract. He noted
that under the new contract, LAGCo would be operating under the new name of
Recology.
At 8:05 p.m. Mayor Mahoney opened the public hearing. There were no speakers and the
public hearing was closed.
Santoro moved and Wong seconded to approve a 5-year contract with Los Altos Garbage
Company, including an option for an additional five years, to include the 20 cubic yard
debris box at the cost of $475 with no sa.bsidy -from the City; and to authorize the City
Manager to negotiate and bring a hnal agreement back to Council for approval by spring
of 2010 to include. The motion carried unanimously.
28. Consider rezoning a property from Single Family Residential (R1-7.5) #o Park &
Recreation (PR) fox a proposed neighbor°hood park, Application No. Z-2009-03 (EA-
2009-08), City of Cupertino, East side of Sterling Blvd. at the easterly terminus of
Barnhart Avenue, APNs 375-23-046 and 375-23-047:
A. Approve a Negative Declaration
B. First reading of Ordinance No. 0~~-2051: "An Ordinance of the Cupertino City
Council rezoning two parcels of 0.6 gross acre located at the Easterly side of
Sterling Blvd. at the Easterly terminus of Barnhart Avenue from R1-7.5 (Single-
Family Residential) to PR (Park & :(Zecreation)"
Written communication for this item included a staff PowerPoint presentation.
At 8:13 p.rn. Mayor Mahoney opened the f~ublic hearing.
Mohsen Reiisieh said that he lives next to the park and he was concerned that no one
contacted him about the construction plan until today. He said it is good to have the park
but his main concern is what is going to happen to the wall adjacent to his property.
Public Works Director Ralph Qualls said that staff had discussed this with him during
discussions of the trail and he said that City Architect Terry Greene would be happy to
contact Mr. Reiisieh to let him know the plan regarding his fence.
The public hearing was closed at 8:17 p.m.
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November 30, 2009 Cupertino City Council
Page 8
Sandoval moved and Wang seconded to approve the project with direction to staff to look
into painting a red curb across the park frontage extending to the trail entrance. The
motion carried unanimously.
Wong moved and Wang seconded to approve a Negative Declaration. The motion
carried unanimously.
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 City Clerk's reading would
constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang and Wong.
Noes: None.
Council was in recess from 8:22 p.m. to 8:30 p.m.
29. Consider rezoning approximately 7.78 acres from Planned Development Residential -
P(Res}, to Planned Development Industrial and Residential -PIMP, Res}, Application
No. Z-2009-01 (EA-2009-01), James Fowler on behalf of Apnle~Inc., 19310-19320
Pruneridge Avenue, APNs 316-06-050 and 316-06-051:
A. Approve a Mitigated Negative Declaration
B. First reading of Ordinance No. 09-2052: "An Ordinance of the Cupertino City
Council recommending the rezoning of 7.78 acres from P(Res), Planned
Residential, to P{MP, Res), Planned Industrial and Residential"
Written communication for this item included a staff PowerPoint presentation.
Senior Planner Aki Snelling reviewed the staff report.
Mike Foulkes from Apple noted that the application entailed bringing two buildings
currently on the Apple campus into the appropriate zoning.
At 8:49 p.m. Mayor Mahoney opened the public hearing.
Barry Chang asked about rezoning issues and whether they need public hearings. City
Attorney Carol Korade responded to his question.
The public hearing was closed at 8:50 p.m.
Sandoval moved and Wang seconded to approve a Mitigated Negative Declaration. The
motion carried unanimously.
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
constitute the first reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang and Wong.
Noes: None.
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November 30, 2009 Cupertino City Council Page 9
30. Adopt a resolution authorizing the City of Cupertino to join the CaliforniaFIRST
program, financing of clean energy, authorizing the California Statewide Communities
Development Authority to accept applications from property owners, conduct contractual
assessment proceedings and levy contractual assessments within the fierritory of the City
of Cupertino. (Staff requests this item be continued to December 15 or until supporting
documents have been received from the C~-liforniaFIRST program managers}.
Under "Postponements", Wong moved artd Sandoval seconded to continue this item to
December 15 as requested by staff. The motion carried unanimously.
UNFINISHED BUSINESS -None
NEW BUSINESS
31. Accept the City of Cupertino Detailed Energy Audit from Siemens and consider
authorizing the City Manager to solicit requests for proposals for an energy savings
performance contract.
Written communication for this item inclucled an email from Kelly Ferguson of Siemens.
Public and Environmental Affairs Director Rick Kitson reviewed the staff report.
Environmental Affairs Coordinator Erin Cooke explained how Siemens was chosen to do
the energy audit.
Kelly Ferguson from Siemens talked about what services Siemens provides.
Administrative Services Director Carol .A.twood noted the financial issues with this
project proposal.
Alex Ruiz, Energy Engineer from Siemens, explained the cost recovery and the simple
payback formula of savings. Kelly Ferguson said that the simple payback doesn't account
for all the incentives that the utility companies provide since rebates may not be reflected
immediately.
Andy Radle, Chair of the Technology, Information, and Communications Commission,
said that even though the City may not be ready to put this out for a project now, the
commission saw opportunities there to explore the right proposal in the future.
Barry Chang asked questions about the contract and the current proposed price. Staff
explained that there was no proposal at this. time.
Santoro moved and Wong seconded accepl: the report and refine a proposal from Siemens
and have staff bring it back to Council. The: motion carried unanimously.
32. Consider forming a task force to study saff; routes to Monta Vista High School, Kennedy
Middle School, and Lincoln Elementary School, including access via Scenic Circle.
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November 34, 2009 Cupertino City Council Page 10
Written communication for this item included 11 emails from residents in support of this
item.
Parks and Recreation Director Mark Linder reviewed the staff report and distributed
copies of Council minutes from October 17, 2006 and July 17, 2007.
Barbara Goldman, representing Monta Vista PTA and the neighborhood of Orange and
Byrne, encouraged Council to form a task force to see what can be done to make the
neighborhood safer for kids as well as opening the Scenic Circle gate to relieve some of
the foot traffic so kids aren't competing with the cars.
Suman Ganapathy, PTSA President, said that the group is in support of a task force to
help kids find safer ways to get to school and that the Scenic Circle route would be a
good way.
Stewart Kelly said that Council needs to look broader than just the Scenic Circle route
and distributed a handout showing the attendance area boundaries in the Cupertino Union
School District.
Anne Ng said that she believes in open access and allowing kids to get to school on their
own power. She encouraged Council to open the Scenic Circle access at least on school
days.
Jim Bodwin encouraged Council to start a task force and said that opening the Scenic
Circle gate is the right thing to do.
Max Bokelman said that when the Scenic Circle gate was installed in 2000 he would lock
and unlock the gate for years. He said he was concerned about leaving the gate unlocked
at night and even all day, and suggested that unlocking the gate for a few hours in the
morning and afternoon is fine.
Carol Stanek said that a task force may be the only opportunity to get the issues of Scenic
Circle addressed and noted that nothing had happened with the previous task force: She
said she was concerned about who would close the gate at night and asked about the
vandalism reports from the Sheriff's office.
Norm Donovan said that biking, not walking, on McClellan and Stevens Creek is the
issue and that there needs to be a bride and a gate available. He noted that his son had
come close to being hit while on his bicycle and said that if there isn't a safe path now for
him to bike to school then other options need to be addressed.
Daniel Nguyen, Public Safety Commissioner, said that this issue should be passed on to
the Public Safety Commission to tackle.
Wong moved and Santoro seconded to agendize this for the next meeting to look at
opening up the Scenic Circle gate and look at all of the concerns, and to receive
clarification regarding safe routes to schools and the commissions' responsibilities and
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November 30, 2009 Cupertino City Council. Page 11
budgets needed. Santoro added a friendl3~ amendment to have the motion be to consider
opening the Scenic Circle gate and direct staff to bring back a report regarding updates
from the Public Safety, Bicycle Pedestrian, Teen, and the Parks & Recreation
Commissions on alternative ways for kids to get to school safely, including a timeline and
incentive money. Wong accepted the friendly amendment. The motion carried with Wang
voting no.
33. Consider adopting a resolution establishing a separate City Attorney bar ag fining group
including all attorney positions in the City Attorney's Office, Resolution No. 09-194.
Santoro moved and Wang seconded to adopt the resolution. The motion carried
unanimously.
ORDINANCES
34. Conduct the second reading of Ordinance; No. 09-2050: "An ordinance of the Cupertino
City Council amending Title 17, Sign Ordinance, of the Cupertino Municipal Code."
Wang moved and Wong seconded to read!. the ordinance by title only and that the Deputy
City Clerk's reading would constitute i:he second reading thereof. Ayes: Mahoney,
Sandoval, Santoro, Wang, and Wong. Noes: None.
Wang moved and Wong seconded to e~iact Ordinance No. 09-2054. Ayes: Mahoney,
Sandoval, Santoro, Wang, and Wong. Nae;s: None.
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
At 11:19 p.m., the meeting was adjourned in memory of State Assembly member Paul Fong's
father.
Grace Schmidt, Deputy City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are available
far 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 af~propriate Packet.
Most Council meetings are shown live on Coma~st Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.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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C O P E RT I N O _ MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, December 1, 2009
ROLL CALL AND PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Orrin Mahoney called the meeting to order in the Council Chamber, 10350
Torre Avenue, Cupertino.
Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval,
Mark Santoro, and Gilbert Wong. Absent: none.
Mayor Mahoney acknowledged several people in attendance including Sheriff Lori Smith,
Undersheriff John Hirokawa, Keith Wineglass from Senator Joe Simitian's office, State
Assembly Member Paul Fong, former Cupertino Mayors, and the Deputy Council General from
the San Francisco office, Mr. Wen.
ELECTION RESULTS
City Clerk Kimberly Smith presented the canvass of votes and said the three candidates who
received the most votes were Orrin Mahoney, Barry Chang and Mark Santoro. Measure B
regarding the utility user tax was also approved with the final vote of 7,978 in favor and 2,523
against.
1. Adopt a resolution receiving the declaration of election results for the General Municipal
Election held on November 3, 2009, Resolution No. b9-195
Wong moved and Wang seconded to adopt Resolution No. 09-195. The motion carried
unanimously.
Mayor Mahoney thanked voters for their support of Measure B. He noted that approval of
this measure provided the city with funds to proceed with many worthwhile projects.
The City Channel showed a video retrospective spanning Dolly Sandoval's eight years on
the City Council.
Mayor Mahoney presented Council member Sandoval with a "memory box" full of
mementos of her time on the City Council.
City Manager David Knapp thanked Council member Sandoval for her commitment and
contributions to the community. He commended her for being a very conscientious
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December 1, 2009 Cupertino City Council Page 2
council member, holding down a full time; job and devoting much time to several
nonprofit organizations all in addition to being an avid cyclist and an accomplished
whitewater guide. On behalf of the staff,lvlr. Knapp gave Councihnember Sandoval a
Cupertino green jacket with the City's "green" logo.
The Council members reminisced about Council member Sandoval's participation in
community events and her work on the Council. They offered their thanks for all she had
done for the city and extended their best wishes for her future endeavors.
PUBLIC COMMENTS
2. Members of the audience were invite~3 to say farewell to Council member Dolly
Sandoval.
The following individuals said farewell :end thanked Council member Sandoval for her
service.
o Paul Fong, State Assembly Member, presented a resolution to Ms. Sandoval on behalf
of the State Assembly
o Michael Gottwald, Cupertino resident
o Thorisa Yap presented Ms. Sandoval ~Nith flowers
o Deborah Jamison, representing the ;ianta Clara County Audubon Society and the
Santa Clara County Creeks Coalition
o Jennifer Simmons, Cupertino resident
o Ann Ng, Cupertino resident
o Steve Ting, Cupertino resident
o Mahesh Nihalan, Cupertino resident
o Ram Gopal presented a cake from Cupertino Bakery
o Barry Chang, Cupertino resident and xiewly elected Councilmember
o John Zirelli, representing the Los Altos Garbage Company
o John Kessler, Cupertino resident
Ms. Sandoval stated that she was humbled and honored by everyone's attendance and comments.
She had spent ten years on the school board and eight years on the Council and that time had had
an enormous impact on her life. Ms. Sandoval particularly thanked her parents, sisters, brother,
godchildren, good friends and especially her husband for their encouragement and support. They
were all present tonight and she wanted them to know that none of this would have been possible
without their help in so many ways.
Ms. Sandoval commented that local government included city services, an active citizenry, local
businesses and nonprof is and an elected Council and staff. Government could not solve the
problems by itself. It needed the active particip~xtion of all sectors of the community. She had
been fortunate enough to work- with many taleanted people and she greatly appreciated their
sacrifice and generosity of spirit. She also thanked the voters who put their conf deuce in her. She
was proud that she had been a part of several excellent programs and important capital projects
such as the Mary Avenue bridge project, environmental programs and the Disaster Preparedness
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December 1, 2009 Cupertino City Council
Page 3
program. Ms. Sandoval gave special recognition to the communications team who had done an
excellent job of bringing the city's programs and events to all households in the city.
Ms. Sandoval also recognized City Manager David Knapp and his staff for the amazing job they
did in running the city efficiently. For a city with 55,000 residents and a $70 million operating
budget there were only I53 staff members and each one showed pride in working for the city.
She thanked the City Manager and each staff member far this accomplishment.
OATH OF OFFICE
3. Oath of Office was given to the newly-elected Council members.
State Assembly Member Paul Fong gave the Oath of Office to Orrin Mahoney, Barry
Chang, and Mark Santoro.
MAYOR AND VICE-MAYOR
4. Election of Mayor and Vice-Mayor.
Gilbert Wong moved and Barry Chang seconded to select Kris Wang as Mayor. The
motion carried unanimously.
.Kris Wang moved and Barry Chang seconded to select Gilbert Wong as Vice-Mayor. The
motion carried unanimously.
OATH OF OFFICE
5. Oath of Office is given to the newly-elected Mayor and Vice-Mayor.
Assembly Member Paul Fong gave the Oath of Office to Mayor Kris Wang to Vice-
Mayor Gilbert Wong.
Mayor Kris Wang presented a gavel plaque to Orrin Mahoney in recognition of his
service as Mayor and City Manager David Knapp gave Council member Mahoney a clock
on behalf of the city employees.
COUNCIL COMMENTS
6. Comments by Council members and Mayor
Council member Mahoney welcomed Council member Chang to the Council. He also
reflected on his past year as Mayor and noted that the city was doing very well and
several important projects had been completed this past year. He had enjoyed representing
the city at many events as Mayor and he thanked the city staff for their excellent work.
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December 1, 2009 Cupertino City Council Page 4
Council member Santora and Vice-Mayor Wong welcomed Council member Chang to
the Council
Council member Chang thanked all who had come to this ceremony especially Assembly
Member Fong. He also thanked his family for their support and the many volunteers who
had worked on his campaign. He planned to focus on safety, pollution concerns and fiscal
responsibility and he looked forward to working with all on these issues.
Mayor Wang welcomed Council member Chang to the Council. She also stated that she
was humbled to be able to serve the city again as Mayor. Cupertino had remained strong
and financially healthy and was staffed b~y an excellent team. There were many issues to
address that she planned to discuss these; at the State of the City on Januazy 27. Mayor
Wang thanked her supporters, colleague;, fellow Council members and staff and looked
forward to another successful year. She also said it was her intention that future Council
meetings would end by midnight.
PUBLIC COMMENTS
7. Members of the audience were invited to speak.
• Dolly Sandoval, former Councilmember, thanked everyone and wished the new
Council all the best.
• Michael Gottwald, Cupertino re;~ident, thanked Councilmember Mahoney and
Mayor Wang for an outstanding year wished the new Council all the best.
• Bill Walster, Cupertino resident, thanked all who supported Councilmember
Chang and who worked on his campaign.
• Deborah Jamison, on behalf of Santa Clara County Audubon Society and the
Santa Clara County Creeks Coalition, congratulated all and hoped they would
keep Phase II of the creek restoration project a high priority.
• The Deputy Council General presented a proclamation to Mayor Wang
acknowledging the city's outstanding achievements.
• Mayor Wang's son commended his mother far her many contributions to the city
and stated she would do a very goad job as Mayor.
• Bill Allman, Cupertino resident, commended Councilmember Chang stating that
he was a man of his word and passionate about his beliefs.
• Kathy Helgerson, Cupertino resident, stated her support of Councilmember Chang
especially regarding the air polluti~~n issue.
• Steve Ting, Cupertino resident, congratulated the newly elected Councihnember,
Barry Chang, and the recently ree ected Council members Mahoney and Santoro.
All those involved made Cupertino a better place to live.
• Holly Lum presented a plaque to Councilmember Chang on behalf of Captain
Kim and the volunteers who had ~rorked for his campaign.
• Mahesh Nihalani, Cupertino resident, congratulated the newly elected Council
members and the newly appointed Mayor and Vice-Mayor.
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December 1, 2009 Cupertino City Council
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• Ram Gopal congratulated the newly elected Council members and the newly
appointed Mayor and Vice-Mayor and presented a cake from the Cupertino
Bakery.
• John Vardis, Cupertino resident, congratulated all and noted that he had worked
on Councilmember Chang's campaign and was Looking forward to a resolution of
the air pollution issue.
~ Joyce Eden, Cupertino resident, congratulated all and noted that she was
particularly looking forward to a resolution of the air pollution issue.
• A volunteer for the Cupertino Union School District stated that she was a
supporter of Councilmember Chang's and was concerned about the air pollution
issue.
ADJOURNMENT
8. The public was invited to attend the reception in the Lobby.
At 8:23 p.m., the meeting was adjourned.
Kimberly Smith, City Clerk
Most Council meetings are shown Live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cu~ertino.or~. 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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