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CC 10-04-2011 CP „I. CUPERTINO MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, October 4, 2011 ROLL CALL At 6:37 p.m. Mayor Gilbert Wong called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council member Barry Chang. Absent: Council members Orrin Mahoney and Kris Wang. CLOSED SESSION 1. Subject: Conference with legal counsel - Pending Litigation (Gov't Code 54956.9(a). Sipple v. The City of Alameda, et. al., Superior Court of Los Angeles, Case No. BC 462270 At 6:37 p.m., the City Council recessed to a closed session, and reconvened in open session at 6:45 p.m. The City Council provided to City Attorney and no action was taken. ROLL CALL At 6:45 p.m. Mayor Gilbert Wong led the Pledge of Allegiance. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council member Barry Chang. Absent: Council members Orrin Mahoney and Kris Wang. CEREMONIAL MATTERS — PRESENTATIONS 2. Subject: Presentation from the Fine Arts Commission Recommended Action: Receive presentation Fine Arts Commission Chairman K.C. Chandratreya presented the Commission's work plan for 2012. This included selecting the distinguished and emerging artists for 2012 and conducting outreach for that program with the Teen Commission and local schools; working with the Rotary Club and Fine Arts League; and reviewing grants. In addition they planned to continue to participate in the Cherry Blossom Festival, the Children's Art Exhibit, the annual fine arts auction by the Fine Arts League of Cupertino; and working with Shakespeare in the Park on such things as theatre workshops and related events. The Commission would also October 4, 2011 Cupertino City Council Page 2 continue their work with developers regarding potential public art projects on upcoming development projects in the City. POSTPONEMENTS - None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith presented the following written communications: • Updated staff report for Item #8 • Petition requesting sidewalk exemption for Item #15 ORAL COMMUNICATIONS Marty Sammon stated that he and his wife live in Santa Clara but were in the Cupertino school district. Their children had attended Cupertino schools and their parish was St. Joseph's. They were users of the Cupertino library and he was requesting a waiver of the $80 fee for non- residents. Director of Administrative Services Carol Atwood explained that this fee had been put in place by Santa Clara County to offset budget constraints, and the City had no control over changing it. Mayor Wong suggested that Mr. Sammon attend the next County Library Joint Powers Authority meeting and it was agreed staff would give him the information on when this meeting would be held. Tyler Haskell, on behalf of State Senator Joe Simitian, invited everyone to an upcoming town hall meeting in the Cupertino Community Hall on October 19 from 6:00 to 7:30 p.m. It was open to the public, and the purpose was to talk about state government issues. Mayor Wong expressed his thanks to State Senator Simitian for his role in passing legislation re- naming the Mary Avenue Bridge after former Cupertino Mayor Don Burnett. He also noted that a ceremony was planned for Saturday, October 9 at 10:00 a.m. on the bridge. Council Member Chang noted that he had requested a meeting with State Senator Simitian and was told this would be in November. CONSENT CALENDAR Santoro moved and Chang seconded to adopt the items on the Consent Calendar as presented, with the exception of item No. 15 which was pulled for discussion. The motion carried with Council members Chang, Santoro, and Wong voting aye, and Council members Mahoney and Wang absent. 3. Subject: September 20 City Council minutes Recommended Action: Approve minutes October 4, 2011 Cupertino City Council Page 3 4. Subject: Accounts Payable for period ending September 9, 2011 Recommended Action: Adopt Resolution No. 1.1 -165 5. Subject: Accounts Payable for period ending September 16, 2011 Recommended Action: Adopt Resolution No. 1.1 -166 6. Subject: Accounts Payable for period ending September 23, 2011 Recommended Action: Adopt Resolution No. [ 1 -167 7. Subject: Payroll for period ending September 16, 2011 Recommended Action: Adopt Resolution No. [ 1 -168 8. Subject: Establish member contributions and implement the provisions of the Internal Revenue Code Section 414(h)(2) for tax benefit purposes as required by Ca1PERS Recommended Action: Adopt Resolution No. 11 -169 establishing employer paid member contributions; Adopt Resolution No. 11 -170 to tax defer member paid contributions -IRC 414(H)(2) employer pick -up 9. Subject: Annual Report for Fiscal Year 2010 -2011 Recommended Action: Accept Annual 10. Subject: National League of Cities Annual Business Meeting on November 12, 2011 in Phoenix, AZ Recommended Action: Designate Mayor Gilbert Wong as the voting delegate and Parks & Recreation Director Mark Linder as the alternate Description: Mayor Wong and Director Linder are the only representatives from Cupertino attending the National League of Cities Conference in Phoenix, AZ on November 10 -12. It is appropriate for the Mayor to be the voting delegate. 11. Subject: Alcoholic Beverage License, Smiling House, 10074 East Estates Drive (near Stevens Creek & Miller) Recommended Action: Approve application for On -Sale Beer & Wine 12. Subject: Improvement Agreement, AZ Chemicals, Inc. and Ronsdale Management, LLC, 22080 San Fernando Court, APN 357 -12 -011 Recommended Action: Adopt Resolution No. 11 -171 Description: Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 13. Subject: Quitclaim Deed and Authorization for Underground Water Rights, AZ Chemicals, Inc. and Ronsdale Management, LLC, 22080 San Fernando Court, APN 357 -12 -011 Recommended Action: Adopt Resolution No. 11 -172 October 4, 2011 Cupertino City Council Page 4 Description: 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 14. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Tracy Hsu and Huei -Hwang Hung, 10382 Palo Vista Road, APN 357 -02 -050 Recommended Action: Adopt Resolution No. 11 -173 Description: 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 CALENDAR (above) 15. Subject: Semi -rural designation eliminating the requirement for sidewalks on the west side of Palo Vista Road, pursuant to Ordinance No. 1925 Recommended Action: Adopt Resolution No. 11 -174 Description: Property owners along the frontage of Palo Vista Road have circulated a petition in support of altering their neighborhood designation to semi -rural by waiving sidewalks. This semi -rural application applies only to properties on the west side of Palo Vista Santoro moved and Chang seconded to adopt Resolution No. 11 -174. The motion carried with Council members Chang, Santoro, and Wong voting aye, and Council members Mahoney and Wang absent. PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS 16. Subject: Annual commissions and committees report with terms expiring January 30, 2012 Recommended Action: Select application deadline date of Wednesday, January 11 and interview dates of Monday and Tuesday, January 23 and 24 Chang moved and Santoro seconded to set the application deadline date of Wednesday, January 11 and interview dates of Monday and Tuesday, January 23 and 24. 17. Subject: City Council agenda streamlining ratification process for items which have appropriate approval controls at the organization level Recommended Action: Adopt Resolution No. 11 -175 Administrative Services Director Carol Atwood stated that this recommendation had been made by the former audit firm. Certain items that were controlled at the organizational level could be eliminated from the agenda. This would result in a more effective use of time and money. October 4, 2011 Cupertino City Council Page 5 Jennifer Griffin expressed concern about taking this action with two Council members absent. She found it interesting to see what items were on the Consent Calendar and believed it was public business and should be listed on the agenda. She supported keeping items such as final map approvals, maintenance agreements and easements on the agenda. Santoro moved to adopt Resolution No. 11 -175 with the condition that accounts payable and maintenance agreements remain on the Consent Calendar. Chang seconded, and the motion carried 3 -0 with Mahoney and Wang absent. 18. Subject: Amend Sections 2.08.080B, 2.08.090A and 2.08.09C and add Sections 2.08.090D and 2.08.090E of the Municipal Code and establish that the order of business for any regular meeting of the City Council will be set by Resolution. Recommended Action: Adopt Resolution No. 11 -176 to provide Council flexibility pertaining to the order of business for any regular meeting of the City Council and conduct the first reading of the draft ordinance No. 11 -2081; Amend Chapter 2.08 of the Cupertino Municipal Code regarding City Council Rules and Conduct of Meetings. Administrative Services Director Carol Atwood explained that currently the order of the agenda was set by ordinance. To change this order took two readings of the ordinance and over a month to become effective. While Council had the authority to reorder the agenda during a meeting by a majority vote this would allow staff to list items in a more time - effective manner when putting together the agenda. By setting the agenda by resolution rather than by ordinance, and by consolidating categories, the resulting agenda would be in a more logical order, would be more user - friendly and more streamlined. Acting City Attorney Gary Baum stated that the Council's authority to change the order of the agenda was not being discussed. What was changing was broadening the categories of the agenda and setting the order of the agenda by resolution rather than by ordinance. Jennifer Griffin said she did not believe the ability to move items around on the agenda was a good idea. The public needed to have some idea of what was going on and a reasonable expectation of when items would be discussed. The City Clerk read the title of Ordinance No. 11 -2081. Chang moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Santoro, and Wong. Noes: None. Absent: Mahoney and Wang. Chang moved and Santoro seconded to adopt resolution No. 11 -176. The motion carried 3 -0 with Mahoney and Wang absent. October 4, 2011 Cupertino City Council Page 6 19. Subject: Amend Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive Recommended Action: Conduct first reading of Ordinance No. 11 -2082: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive" The City Clerk read the title of Ordinance No. 11 -2082. Chang moved and Santoro seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Santoro, and Wong. Noes: None. Absent: Mahoney and Wang. ORDINANCES STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:10 p.m., the meeting was adjourned in memory of former Mayor Anthony Joseph Pelosi. Mr. Pelosi passed away on September 20 and had been Mayor in Cupertino in 1961. 1 ' Kimberly Smith, 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.