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CC 12-06-2011 CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, December 6, 2011 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Mayor Wong acknowledged several dignitaries in attendance including Supervisor Liz Kniss, Sheriff Laurie Smith, former Sunnyvale Mayor John Howe, Cupertino School Board Trustee Ben Liao, Cupertino School Board Trustee Anjali Kausar, Former Cupertino Mayor Dolly Sandoval, former Cupertino Mayor Sandy James and former Cupertino Mayor Nick Szabo. Mayor Wong introduced members of the staff: David Knapp, City Manager; Carol Korade, City Attorney; Carol Atwood, Director of Administrative Services; Mark Linder, Director of Parks and Recreation; Aarti Shrivastava, Director of Community Development; Timm Borden, Director of Public Works; Kimberly Smith, City Clerk; Rick Kitson, Director of Public Information and Environmental Services; Carl Neusel, Cupertino Sheriff Captain; and Terry Calderone, former Cupertino Sheriff Captain. CLOSED SESSION 1. Subject: Public Employee Performance Evaluation(Government Code 54957)- City Attorney Recommended Action: Conduct review Mayor Wong announced that the City Council conducted the review, and no action was taken. ORAL COMMUNICATIONS Leslie Fowler stated her opposition to the Santa Clara Valley Water District's action to add fluoride to the water supply. She noted that 29 communities in the past year had discontinued Tuesday, December 6, 2011 Cupertino City Council adding fluoride to their water supplies. Additionally she commented that it would cost between 4 1/2 and 9 '/2 million dollars to start up a water fluorination program. In her opinion this did not make any sense. Recent studies showed that the dangers of over-exposure to fluoride outweighed any benefits and she would like to see the Council add this matter to the next Council agenda. Michael Gottwald thanked Kris Wang for her years of service and for being an outstanding leader in the community. He also thanked Supervisor Liz Kniss for her leadership and contributions to the community. ELECTION RESULTS 2. Subject: Receive declaration of election results for the General Municipal Election held on November 8, 2011 Recommended Action: Adopt Resolution No. 11-192 City Clerk Kimberly Smith announced the results of the Canvass of Votes, and said that a total of 10,306 ballots were cast in the election. Measure C, Transient Occupancy Tax, passed with 8,088 votes in favor and 1,717 votes opposed. For the two City Council seats, the two people who received the most votes were Gilbert Wong, who received 4,022 votes, and Rod Sinks, who received 3,879 votes. The City Clerk asked the City Council to adopt Resolution No. 11-192 receiving the declaration of election results and declaring the adoption of Ordinance No. 11-2089. Wang moved and Santoro seconded to adopt resolution No. 11-192. The motion carried unanimously. RECOGNITION OF OUTGOING COUNCIL MEMBER 3. Subject: Council members and audience members were invited to say farewell to Council member Kris Wang. The City Channel showed a video retrospective of Kris Wang's eight years on the City Council. Mayor Wong presented Kris Wang with a "memory box" full of mementoes of her time on the City Council. City Manager David Knapp thanked Kris Wang for her years of service on the City Council. He stated that it had been a pleasure to work with her and commended her energy and tireless efforts on behalf of the community. The Council members stated their thanks for all of the contributions Kris Wang had made while on the Council. They commended her dedication, sense of fairness, willingness to listen, and sense of humor. Tuesday, December 6, 2011 Cupertino City Council Kris Wang stated that it had been a privilege and an honor to serve Cupertino. She noted that Cupertino was an incredible community not only as the home of major technological companies and excellent schools but also because of its energetic volunteers, dedicated teachers and excellent staff and committee/commission members. She considered herself lucky to have served Cupertino. She thanked her family and the residents for their support and she thanked her fellow Council members for their friendship. She wished Cupertino the best in the future and noted that she looked forward to continuing to work in the community. The following individuals thanked Kris Wang for her years of service on the City Council and wished her well in her future endeavors: • Laurie Smith, Santa Clara County Sheriff, presented a plaque to Kris Wang on behalf of the Sheriffs Department • Liz Kniss, Board of Supervisors, presented a plaque to Kris Wang on behalf of the Santa Clara County Board of Supervisors • Sherman Wong, son • Michael Gottwald, Cupertino resident • Ann Stevenson, Cupertino Library Commissioner • Fari Aberg, Cupertino resident • Angela Chen, President of the Cupertino Hsinchu Sister City Association • Dave Fung, Parks and Recreation Commissioner • Kuo-Lon Soong, Cupertino resident • John Zirelli, President—Cupertino Chamber of Commerce, presented Kris Wang with a bouquet of flowers • Johnny Wang, representing acupuncture association • Sandy James, former Cupertino Council member and Mayor OATH OF OFFICE 3. Subject: Oath of Office is given to the newly-elected Council members. Gilbert Wong and Rod Sinks introduced their family members. Supervisor Liz Kniss administered the Oath of Office to Council member Gilbert Wong, and City Clerk Kimberly Smith administered the Oath of Office to Council member Rod Sinks. MAYOR AND VICE-MAYOR 5. Subject: Election of Mayor and Vice-Mayor. Mahoney moved and Wong seconded to select Mark Santoro as Mayor. The motion carried unanimously with Council Member Chang abstaining. Wong moved and Santoro seconded to select Orrin Mahoney as Vice-Mayor. The motion carried unanimously with Council member Chang abstaining. Tuesday, December 6, 2011 Cupertino City Council OATH OF OFFICE 6. Subject: Oath of Office is given to the newly-elected Mayor and Vice-Mayor. Supervisor Liz Kniss administered the Oath of Office to Mayor Mark Santoro, and City Clerk Kimberly Smith administered the Oath of Office to Vice-Mayor Orrin Mahoney. Mayor Santoro presented a gavel plaque to Gilbert Wong in recognition of his service as Mayor and City Manager David Knapp gave Council member Wong a picture of Blackberry Farm on behalf of the City employees. COUNCIL COMMENTS 7. Subject: Comments by Council members and new Mayor. Vice-Mayor Mahoney congratulated Rod Sinks on his election and Mark Santoro on his new role as Mayor. He was looking forward to a great year. Council member Chang congratulated Rod Sinks. Council member Wong stated that it had been an honor to serve Cupertino as Mayor. He thanked Kris Wang for her years of service and congratulated Rod Sinks on his election to the Council. He also thanked Liz Kniss for swearing him in and congratulated Mark Santoro and Orrin Mahoney on their new roles as Mayor and Vice-Mayor. Council member Sinks thanked his family and supporters and stated he was looking forward to working with the Council and staff He considered it an honor to serve on the Council and he was looking forward to hearing from the residents on issues important to the community. Mayor Santoro welcomed Rod Sinks to the Council and stated that he was looking forward to working with him. He thanked Kris Wang for her years of service, the Council for selecting him as Mayor and Supervisor Liz Kniss for swearing him in. He also thanked the staff for their assistance and the residents for their support. He said that of great importance to him in the coming year was a fair, open and transparent government and toward that end he was going to start a new program called Meet the Mayor. Once a month on the Wednesday after the first Council meeting he would be available in the former City Council chambers from 4:00 p.m. to 5:30 p.m. to meet with the public to answer questions and discuss topics of interest. In addition he was returning to the three-minute time limit for public speakers at a meeting. As was now the current practice if there were five or more speakers on any one item that issue would be moved to later on the agenda. PUBLIC COMMENTS 8. Subject: Members of the audience were invited to speak. • Liz Kniss, Board of Supervisors, presented a plaque to former Mayor Gilbert Wong from the Santa Clara County Board of Supervisors • Michael Gottwald, Cupertino resident, welcomed Mark Santoro and Orrin Mahoney and Mayor and Vice-Mayor and thanked Gilbert Wong for his contributions as Mayor and continued role on the Council Tuesday, December 6, 2011 Cupertino City Council • John Zirelli, President—Cupertino Chamber of Commerce, thanked Gilbert Wong for his support and presented him with a bouquet of flowers • Marty Miller, Cupertino Planning Commissioner, thanked Gilbert Wong for his hard work and leadership on the Planning Commission and on the Council. He also commended Mark Santoro for his dedication and for his appointment as Mayor, welcomed Orrin Mahoney back as Vice-Mayor and congratulated Rod Sinks on his election to the Council • Johnny Wang, Acupuncture Association, stated he was looking forward to working with the Mayor and Council and their continued support of the Acupuncture Association both in Cupertino and statewide • Larry Dean, President — Cupertino Rotary, congratulated Mark Santoro and Orrin Mahoney on their appointments as the new Mayor and Vice-Mayor, Gilbert Wong on his re-election to the Council and Rod Sinks on his election to the Council. They were part of a great team serving the City and he wished them good luck • Ben Liao, Cupertino School Board, commented that Cupertino had great schools but the schools needed a great community and good government to make it all work. He was looking forward to a continued great relationship with the City. He congratulated all involved • Razi Mohiuddin, local small business owner and Board Member of the West Valley Muslim Association, thanked Gilbert Wong for his support. He also welcomed Mark Santoro and Orrin Mahoney as the new Mayor and Vice-Mayor and congratulated Rod Sinks on his election to the Council • Daniel Nguyen, Member — Public Safety Commission, congratulated Mark Santoro and Orrin Mahoney on their appointments as Mayor and Vice-Mayor, Rod Sinks on his election to the Council and Gilbert Wong on his re-election to the Council • Sandy James, former Cupertino Council member and Mayor and also representing the Organization of Special Needs Families and the Cupertino Veterans Memorial, thanked Gilbert Wong for his hard work and service as Mayor. She also congratulated Mark Santoro on his appointment as Mayor, Orrin Mahoney on his appointment as Vice-Mayor, Gilbert Wong on his re-election to the Council and Rod Sinks on his election to the Council. She was looking forward to working with the Council on issues important to the community • John Zirelli, President — Cupertino Chamber of Commerce, congratulated Mark Santoro and Orrin Mahoney on their appointments as Mayor and Vice-Mayor and Rod Sinks on his election to the Council. He was looking forward to working together • Angela Chen, President— Cupertino Hsinchu Sister City Association, thanked Gilbert Wong for his support of the sister city program and his friendship and congratulated him on his re-election. She also congratulated Mark Santoro and Orrin Mahoney on their appointments as Mayor and Vice-Mayor and Rod Sinks on his election to the Council. She looked forward to working together Tuesday, December 6, 2011 Cupertino City Council ADJOURNMENT 9. Subject: The public was invited to attend the reception in the lobby. At 8:20 the meeting was adjourned. Kimberly Smith, !'ity)Clerk 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.