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CC 10-20-09CUPERTINO APPROVED MINUTES CUPERTINO CI7CY COUNCIL Regular Meeting Tuesday, October 20, 2009 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 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. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation regarding online permitting. (1`1o documentation in packet). Information Technology Manager Mariyah Serratos demonstrated the first phase of online permitting which is the latest edition to Cul~ertino's E-services. Michael Gottwald asked if he could apply for a solicitor's permit online. Administrative Services Director Carol Atwood explained that this particular permit is not online, but anyone interested could visit the Code Enforcement office and apply for one. 2. Presentation of first place award in national competition from the City County Communicators Association to Web Specialist Nidhi Mathur. (No documentation in packet). Mayor Orrin Mahoney presented the award to Nidhi Mathur. Public and Environmental Affairs Director Rick Kitson reviewed the: complete list of online E-services available, and highlighted other web site improvements such as embedded videos, social media access through Facebook, Twitter, and YoL~Tube, and an upgraded Google website search function. Ms. Mathur's husband, Pankaj Mathur, pre;~ented her with flowers. October 20, 2009 Cupertino City Council Page 2 3. Presentation of third place award in national competition from the City County Communicators Association to Senior Recreation Supervisor Julia Lamy. (No documentation in packet). Mayor Orrin Mahoney presented the award from the National Association of Telecommunication Officers and Advisors (NATOA) to Julia Lamy. 4. Proclamation recognizing the Friends of th~~ Cupertino Library during National Friends of Libraries week. (No documentation in packet). Mayor Orrin Mahoney presented the proclamation to Acting Librarian Roseanne Macek. POSTPONEMENTS -None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the fi~llowing written communications: • Email from Jennifer Griffin regarding Item No. 14 • Corrected page 6 to the City Attorney contract for Item No. 15 Mayor Mahoney noted that the special meeting that had been expected to take place after tonight's regular meeting was cancelled for lack of business. ORAL COMMUNICATIONS Peter Skinner, representing the Silicon Valley Leadership Group, invited everyone to participate in the 5th Annual Turkey Trot on Thanksgiving morning. He noted that in the past the event has raised over $800,000 for local non-profits including the Housing Trust, the Second Harvest Food Bank, and the Children's Health Initiative. The event is a SK walk/run and a lOK run, and includes the Mayor's Cup challenge. Barry Cinnamon from Akeena Solar talked about the Mayor's Cup Challenge in the upcoming Turkey Trot event. He encouraged the Mayor, Council members, and other staff to compete against other cities to win the Cup and receive points by participating in the event. City of Saratoga Vice Mayor Kathleen King said that Cupertino would also receive points toward the Mayor's Cup Challenge for putting information about the Turkey Trot event in City newsletters. She encouraged people to participate and noted again the non-profit groups that would benefit from this event. Leslie Fowler requested that the scenic Circle gate be opened so that students can use it as a safe path to school. She noted that opening the gate during school hours would allow the students to go through the park to either Kennedy or Monta Vista safely, and to avoid Stevens Creek and McClellan. She submitted a petition with over 100 signatures supporting the opening of the gate. October 20, 2009 Cupertino City Council Page 3 Norm Donovan showed a map of the Scenic Circle neighborhood. He noted where the schools were and that the only two paths to get from the ne:ighborhood to the schools were either Stevens Creek or McClellan Road. He said that his son, who attends Kennedy Jr. High School and rides his bike to school on Stevens Creek, was almost hit by a car. He asked that the Council open the Scenic Circle gate during school hours so the kids ~~an walk or ride their bikes safely to school. Kuo-Lon Soong talked about the survey for part: use for off-leash dogs. She said she hoped Council would open up a public hearing in the future on this matter. Acting Cupertino Librarian Roseanne Macek in~~ited everyone to Cupertino Library's 5-year anniversary celebration. She highlighted the many activities planned for the day, including a costume contest for the kids, formal presentations with City and County dignitaries, refreshments, children's programs, performances by local dance groups, and a Wii tournament for the teens. She said that flyers would be in the City Hall lobby with more information. CONSENT CALENDAR Wong moved and Sandoval 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 October 6 City Council meeting. 6. Adopt resolutions accepting Accounts Pay,rble for October 2 and 9, Resolution Nos. 09- 162 and 09-163. 7. Adopt a resolution accepting Payroll for October 2, Resolution No. 09-164. 8. Adopt a resolution approving an improvement agreement, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010, Resolution No. 09-165. Through the improvement agreement with ~:he City, the applicant for a building permit for a single-family development will be obJ.igated to bond and construct city-specified roadside improvements along the street frontage of their building site. 9. Adopt a resolution approving a Stormwate:r Management Facility Easement Agreement, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-166. Through an agreement with the City, the property owner of this commercial development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. October 20, 2009 Cupertino City Council Page 4 10. Adopt a resolution approving a Stormwater Management Facilities Operation and Maintenance Agreement, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-167. Through an agreement with the City, the property owner of this commercial development will be required to operate and maintain st~~rmwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, St. Jude the Apostle Episcopal Chw-ch, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-168. The property owner of this commercial de~relopment agrees to grant to the City the right to extract water from the basin under the overlying property. 12. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010, Resolution No. 09-169. The property owner of this residential development agrees to grant to the City an easement for public roadway purposes, togs;ther with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010, Resolution No. 09-170. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 14. Consider a Municipal Code amendment to Title 17 of the Cupertino Municipal Code s ordinance, Application No. MCA-2009-01, City of Cupertino, Citywide. First reading of Ordinance No. 09-2050: "An ordinance of the Cupertino City Council amending Title 17, Sign Ordinance, of the (~upertino Municipal Code." Associate Planner Piu Ghosh reviewed the ;staff report. Council member Wang asked staff to look into the possibility of using green material in signs to make them more environmentally friendly. October 20, 2009 Cupertino City Council Page 5 The mayor opened the public hearing at 7:13 p.m. Seeing no speakers, the public hearing was closed. 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 Deputy City Clerk's reading would constitute the first reading thereof and include the changes highlighted in yellow in the draft redline ordinance handed out on the dais, in addition to the following language changes: • The last portion of the first sente~lce under 17.52.030 regarding abandoned or discontinued signs would read "is prohibited and shall be removed" instead of "constitutes false advertising" • Table 17.32.030b regarding non-re:;idential real estate would show the maximum area as " 32 s.f. per face" Ayes: Mahoney, Sandoval, Santoro, Wang ,and Wong. Noes: None. UNFINISHED BUSINESS -None NEW BUSINESS 15. Consider approving the final employmem: contract for the City Attorney and adopt a resolution requesting the California Public Employees' Retirement System (Ca1PERS) Board of Administration approve the exte~lsion of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-2010 by 630 Hours, extending the 960 hours for the City Attorney, Resolution No. 09-171. Sandoval moved and Wong seconded to adopt the resolution with the language amendment to page 6 of the contract as follows: change "commencement of the term" to "execution" in the first sentence of the second paragraph and "commencement" to "execution" in the last sentence of t11e second paragraph. The motion carried unanimously. 16. Consider changes to future meeting dates: A. Nov. 3 -Code Section 2.04.010 stages that "City Council meetings that fall on any Election Tuesday shall automatically be moved to the first Monday of the month." Does Council wish to hold. a meeting on Monday, Nov. 2, change it to a different day, or cancel it? Mahoney moved and Wong seconded to cancel the meeting of Nov. 2 and to hold the meeting of Nov. 17 unless Cou~icil members hear within a week that not all 5 members can attend, in which cast; the meeting would be moved to Nov. 30 at 6:45 p.m. The motion carried with ~>andoval voting no. October 20, 2009 Cupertino City Council Page 6 B. Nov. 17 -Does Council wish to hold a study session on the Mary Ave. Village project before the regular meeting? Council concurred to not hold a study session in November. C. Dec. 1 -The installation ceremony i:or City Council will be held on Dec. 1, and no regular business items will be schc;duled for that meeting. If a matter of some urgency should arise, does Council wish to meet on a different day that week? Council concurred that this would be a ceremonial meeting only. D. Jan. 5 -Consider cancelling this meeting. Normal packet delivery would be Dec. 30. City Hall is closed beginning Dec 24, and re-opens January 4. The Planning Commission may cancel their December 22 meeting. Council concurred to discuss this at its Dec. 15 meeting. ORDINANCES 17. Conduct the second reading of Ordinance No. 09-2049, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 14.04.040, Street Improvements: Requirements -General, to include language regarding rural and semi-rural desi ng ation for properties with frontage along more than one street". The Deputy City Clerk read the title of the ordinance. Wong moved and Santoro seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Wong moved and Santoro seconded to enact Ordinance No. 09-2049. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:40 p.m., the meeting was adjourned. ~~~~~ Grace Schmidt, Deputy City Clerk October 20, 2009 Cupertino City Council Page 7 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the apliropriate Packet. Most Council meetings are shown live on Comca:~t Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cubertino.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.