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CC 09-07-2010 -a ( TV / y 1. I y SJ' CUPERTINO APPROVED MINUTES CUPERTINO CTTY COUNCIL Special Meeting Tuesday, September 7, 2010 ROLL CALL At 4:00 p.m. Mayor Kris Wang called the special meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. INTERVIEWS 1. Subject: Parks & Recreation and Fine Arts Commission interviews. Recommended Action: Conduct interviews and make appointments. Discussion: City Clerk Kimberly Smith explained that Dr. Nancy Canter, a former Fine Arts Commissioner, had applied for the single unscheduled vacancy on that Commission and her application was processed before staff realized that two years had not yet passed since her term ended. Smith explained that the waiting period used to be one year, but was changed to two years by Resolution No. 10 -048, which was adopted in March 2010. City Attorney Carol Korade reviewed the options available to Council and explained that waiting to January 2010 would offer the most flexibility. The Council concurred to delay the Fine Arts Commission interview until January 2010. Action: The Council members interviewed David Fung, Veronica Law, Marcia StClair, Rishi Chopra, Ram Chinchali, Fari Aberg, and Jordan Eldridge for an unscheduled vacancy on the Parks and Recreation Commission, and appointed Marcia StClair to a partial term ending January 2012. RECESS - The meeting was in recess from 5:30 p.m. to 5:40 p.m. CLOSED SESSION 2. Subject: Conference with legal counsel_ - anticipated litigation (Government Code 54956.9(b)(1)). Description: Significant exposure to litigation (one case). 3. Subject: Conference with legal counsel — existing litigation (Government Code 54956.9(a)). September 7, 2010 Cupertino City Council Page 2 Description: a. City of Cupertino v. Yuen et al. Santa Clara County Superior Court. b. City of Cupertino v. Mansfield et. al. Santa Clara County Superior Court (In re Mansfield, United States Bankruptcy Court). RECESS - The meeting was recessed from 6:30 p.m. to 7:03 p.m. PLEDGE OF ALLEGIANCE At 7:03 p.m. Mayor Kris Wang 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 Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: none. CLOSED SESSION REPORT Mayor Wang reported that City Council had met in closed session on two items. She said that in the matter related to significant exposure to litigation, the Council received a briefing and took no action. She noted that in the matter related to existing litigation, the Council received a legal briefing from the attorney and gave direction to legal counsel. CEREMONIAL MATTERS — PRESENTATIONS Mayor Wang re- ordered the agenda to take up item 9 first. 9. Subject: Presentation acknowledging the City's support and participation in the 2010 Census. Recommended Action: Receive presentation from the Seattle Regional Census Center. Action: Ms. Doris Tse presented a Certificate of Appreciation plaque to Mayor Wang in acknowledgement of the City's outstanding support and participation in the 2010 Census. Ms. Tse said that the City of Cupertino had finished with an impressive mail participation rate of 77 %, which was 6% above the State rate and 5% above the National rate. 4. Subject: Proclamation recognizing the student volunteers who worked for the Organization of Special Needs Families (OSF) summer program. Recommended Action: Present proclamation. Action: Mayor Wang presented the proclamation to Sandy James, President of OSF and the 23 participants in the program. Ram, one of the volunteers, noted that working with each participant in the summer program had been a very rewarding experience. Lee Wei stated that their annual fundraiser would be held on October 16 and thanked the Council for its support. September 7, 2010 Cupertino City Council Page 3 5. Subject: Proclamation recognizing Daniel Nguyen, Chair of the Public Safety Commission, for his willingness to come to the aid of another on Saturday, August 28, at the Happy Kid's Day Event. Recommended Action: Present proclamation Action: Mayor Wang presented a proclamation to Daniel Nguyen and thanked him for using his emergency training to assist a person in need of medical attention. Mr. Nguyen commented that it was important in such situations to do your best and not get nervous. 6. Subject: Proclamation declaring the month of September as Prostate Cancer month Recommended Action: Present proclamation Action: Mayor Wang read the proclamation. 7. Subject: Proclamation for the Library Foundation and others recognizing the new Teen Room at the Cupertino Library. Recommended Action: Present proclamations Action: Mayor Wang presented proclamations to Cupertino Librarian Mark Fink and the following donors to the new Teen Roorn: Cupertino Library Foundation, Cupertino Rotary, Friends of the Cupertino Library and HSCB Bank. In addition, Santa Clara County and the City had contributed to this project. Mr. Fink thanked everyone for their support and noted that on September 11 these donors would be recognized and a ribbon cutting ceremony would follow at the Community Hall. 8. Subject: Presentation from Toyokawa Sister City Committee and Delegates. Recommended Action: Accept presentation Action: Mr. Asif Kauser, President of the Toyokawa Sister City Committee, introduced the 12 student participants in the 27 delegation to Toyokawa and thanked the Council for their support. Each of the participants addressed the Council and commented on their experiences in Toyokawa. POSTPONEMENTS The City Clerk said that there was a request to continue Item No. 34, discussion of possible removal of the phrase "electronic gates" from Municipal Code Section 19.100. Mr. Lin Jiang, a property owner who was out of town on this evening, requested the postponement. The Council members concurred to hear the item on this evening's agenda. It was determined that it would not be postponed, but would be taken up in order on this agenda. WRITTEN COMMUNICATIONS The City Clerk distributed the following written materials: • Item No. 33 — An updated draft resolution showing the addition of a 5 -foot pedestrian access • Item No. 34 — Written communications from Susan Sievert requesting a legal option on several topics, and an email from the Community Development Director to the Council explaining that the ordinance could be amended administratively without going back to the Planning Commission for discussion. September 7, 2010 Cupertino City Council Page 4 ORAL COMMUNICATIONS Soonam Kim explained that a tree in front of his house had fallen and blocked traffic. The City had removed enough so that traffic could get through, and he had hired a tree service to remove the root and remaining debris. He had been advised by his builder and his insurance company that it was his responsibility. He had received no notice from the City at that time. At a later date he had removed a tree in his backyard which he believed was a danger to his family's safety, but was notified that he was in violation of the tree removal ordinance and was fined $3,100. He stated that this was a financial burden on his family, and he was asking for reconsideration of this fine. Community Development Director Aarti Shrivastava explained that fallen tree was a public safety matter so the City had an obligation to clear away the section of tree causing a safety issue but not to use public funds to remove a tree on private property. The City had received a complaint about the removal of the tree in the backyard because it was a protected tree, which was recorded in the deed on the property. Council asked for staff to report back to Council on this matter. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended, with the exception of Item No. 15 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 10. Subject: Accounts Payable for period ending August 13, 2010 Recommended Action: Adopt Resolution No.10 -163 Draft Resolution Page No: 12 11. Subject: Accounts Payable for period ending August 20, 2010 Recommended Action: Adopt Resolution No. 10 -164 Draft Resolution Page No: 24 12. Subject: Accounts Payable for period ending August 27, 2010 Recommended Action: Adopt Resolution No.10 -165 Draft Resolution Page No: 33 13. Subject: Payroll for period ending August 20, 2010 Recommended Action: Adopt Resolution No.10 -166 Draft Resolution Page No: 45 14. Subject: July 20 City Council minutes. September 7, 2010 Cupertino City Council Page 5 Recommended Action: Approve minutes. Draft Minutes Page No: 46 16. Subject: Alcoholic Beverage License, K. nto Bowl Restaurant, 21670 Stevens Creek Boulevard. Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcohol and Beverage Control Application Page No: 62 17. Subject: Alcohol Beverage License, Shanghai Restaurant, 10877 North Wolfe Road. Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 64 18. Subject: Alcohol Beverage License, Florentines, 10275 South De Anza Boulevard. Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 68 19. Subject: Alcohol Beverage License, Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard. Recommended Action: Approve application for On -Sale General for Bona Fide Public Eating Place. Staff Report Department of Alcohol & Beverage Control Application Page No: 71 20. Subject: Alcohol Beverage License, One Pot, 19648 Stevens Creek Boulevard (Marketplace). Recommended Action: Approve application for On -Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 74 September 7, 2010 Cupertino City Council Page 6 21. Subject: Improvement Agreement, 10216 Iasadena Avenue. Recommended Action: Adopt Resolution No. 10- 167 Draft Resolution Improvement Agreement Map Page No: 76 22. Subject: Parcel Map, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution No. 10 -168 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 90 23. Subject: Parcel Map, 10231 Amelia Court. Recommended Action: Adopt Resolution No. 10 -169 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 92 24. Subject: Municipal Improvements, 10630 Linnet Lane. Recommended Action: Accept Municipal Improvements. Description: The applicant has completed City- specified improvements in the City right - of -way including sidewalk, curb & gutter, driveway approach and grading as required by the improvement agreement with the City. Map Page No: 94 25. Subject: Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution No. 10 -170 Draft Resolution Grant of Easement Map Page No: 95 26. Subject: Grant of Easement for Streetlight Purposes, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10 -171 Draft Resolution Grant of Easement Map Page No: 101 September 7, 2010 Cupertino City Council Page 7 27. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution No. 10 -172 Draft Resolution Quitclaim Deed Map Page No: 107 28. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo Vista Road. Recommended Action: Adopt Resolution No. 10 -173 Draft Resolution Quitclaim Deed Map Page No: 113 29. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Avenue. Recommended Action: Adopt Resolution No. 10 -174 Draft Resolution Quitclaim Deed Map Page No: 120 30. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy Avenue Recommended Action: Adopt Resolution No. 10 -175 Draft Resolution Quitclaim Deed Map Page No: 126 31. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10 -176 Draft Resolution Quitclaim Deed Map Page No: 132 32. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 7541 Orange Blossom Drive. Recommended Action: Adopt Resolution No. 10 -177 Draft Resolution Quitclaim Deed Map Page No: 138 September 7, 2010 Cupertino City Council Page 8 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 15. Subject: Endorse Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Recommended Action: Endorse proposition. Description: This item has been recommended for approval by the City Council Legislative Committee in order to protect municipal revenues from state take - aways. Page No: 60 Action: Wong moved and Mahoney seconded to endorse the proposition as recommended by the Legislative Committee. The motion carried 4 to 1, with Santoro abstaining. He explained that he did not think it was appropriate to tell the voters how to vote. PUBLIC HEARINGS 33. Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. Recommended Action: Adopt Resolution 10 -178 Page No: 143 Discussion: The City Clerk distributed an updated draft resolution showing the addition of a 5 -foot pedestrian access. Public Works Director Ralph Qualls noted that this was a dedicated piece of property when the property was developed so the City did not own the land. Staff did not believe that there was any future potential for a sidewalk in this area but at their last meeting Council had asked for a five -foot pedestrian access so the resolution had been amended. He also noted that there was a four -foot public utility easement in place. Community Development Director Aarti Shrivastava stated that they could provide information to the Council on the square footage of this property both before and after this addition of property and general information on whether or not the property could be subdivided. Additionally, the owner could be asked to attend a meeting to provide input on his request and plans for the property. Action: Mahoney moved and Wong seconded to adopt Resolution No. 10 -178. After discussion about whether the change would allow the property to be subdivided, Council member Mahoney withdrew his motion and moved to continue the item to the next meeting when the applicant would be available. Wong seconded, and the motion carried 3 to 2, with Mayor Wang and Council member Chang voting no. RECESS - The meeting was in recess from 8:30 p.m. to 8:40 p.m. UNFINISHED BUSINESS - None September 7, 2010 Cupertino City Council Page 9 NEW BUSINESS 34. Subject: Discussion of possible removal of the phrase "electronic gates" from Municipal Code Section 19.100. Recommended Action: Direct staff regarding ordinance revisions, if any (Ordinance No. 10 -2068) Description: Applicant — City of Cupertino Location — Citywide Application — Fence Ordinance Amendments to clean up language with regard to Driveway and Roadway Gates. Fence ordinance — electronic gates A. Letter to Mr. Jiang dated September 1, 2010 B. Policy 2 -22 C. Fence Ordinance Page No: 149 Discussion: Community Development Director Aarti Shrivastava noted that the original intent of the ordinance was to allow electronic gates. This had been inadvertently omitted from the ordinance, but staff could correct it administratively. An exception was needed for a gate, but it did not matter if it was electric. City Manager Dave Knapp stated that Mr. Jiang was currently in violation of the fence ordinance. Exceptions were not allowed but Council could agree to discuss amending the fence ordinance. Community Development Director Aarti Shrivastava stated that the property under discussion was annexed to the city in 2004. This fence was built in 2006 after the fence ordinance was in place. Action: The Community Development Director stated that she would make the wording correction administratively. Council took no action on this item. 35. Subject: Public Safety Commission unscheduled vacancy. Recommended Action: Select application deadline date of Monday, September 13 and interview date of September 21 beginning at 5:30 p.m. Action: Council concurred with dates and times recommended by staff. ORDINANCES 36. Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way and Rose Blossom Drive. Recommended Action: Conduct the second reading of Ordinance No. 10 -2067 Description: An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way /Lilac Court at Rose Blossom Drive. Page No: 160 September 7, 2010 Cupertino City Council Page 10 Action: Wong moved and Mahoney seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Wong moved and Mahoney seconded to enact Ordinance No. 10 -2067. Ayes: Chang, Mahoney, 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 9:01 p.m., the meeting was adjourned. Kimberly Smith, C lerk 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 appropriate Packet. 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.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.