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CC 03-06-2012 (Special)CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 6, 2012 ROLL CALL At 5:00 p.m. Mayor Mark Santoro called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice -Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: None. CLOSED SESSION 1. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiator: Carol Atwood; Employee organizations: CEA and OE3 Council recessed to a closed session from 5:00 p.m. to 6:55 p.m. At 6:55 p.m., the City Council reconvened in open session. Mayor Mark Santoro announced that the Council met in closed session and gave direction to their negotiator; no action was taken. PLEDGE OF ALLEGIANCE At 6:55 p.m. Mayor Mark Santoro 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 Mark Santoro, Vice -Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: None. Tuesday, March 6, 2012 Cupertino City Council CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Engineering Excellence award for Stevens Creek Corridor Park & Restoration Phase 1 Recommended Action: Present award to Director of Public Works Mayor Mark Santoro presented the award to Timm Borden, Director of Public Works. Mr. Borden thanked the mayor for the award. He also thanked Gail Seeds, Carmen Lynaugh, Barbara Banfield, Terry Greene, Mark Linder, Tom Walters, and former Director of Public Works Ralph Qualls and former Director of Parks and Recreation Therese Smith for their dedication to the completion of Phase I. Mr. Borden also noted that he believes there was a very high level of motivation and inspiration that went into the completion of Phase I and that he expects that same level will be present during Phase Il. POSTPONEMENTS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 3. Subject: February 21 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending February 10, 2012 Recommended Action: Adopt Resolution No. 12 -123 5. Subject: Approve destruction of records from the Public Information Office Recommended Action: Adopt Resolution No. 12 -124 SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 6. Subject: Date for work program study session Recommended Action: Set date for March 20 and select a time The Council members concurred to hold a work program study session on Tuesday, March 20, beginning at 2:30 p.m., in the Community Hall Council Chamber Tuesday, March 6, 2012 Cupertino City Council 7. Subject: Date for Teen Commission interviews Recommended Action: Staff recommends the following deadlines: Applications due in the City Clerk's Office on Friday, May 11 Interviews held beginning at 3:30 p.m. on Tues., May 22 and Wed, May 23 (as needed) The Council members concurred to set the application deadline on April 27 and conduct interviews on Tuesday, May 8 beginning at 3:30 p.m. Interviews may also be scheduled on Wednesday, May 9, at 3:30 p.m. if additional time is needed. 8. Subject: Public Tree Ordinance Amendments Recommended Action: 1. Approve recommended amendments to the Public Tree Ordinance and conduct first reading: Ord. No. 12 -2092: "An Ordinance of the City Council of the City of Cupertino re- titling and amending Chapter 14.12 pertaining to Public Trees" 2. Approve the Master Street Tree List 3. Approve the New Street Tree Cost Schedule 4. Approve the Public Tree Damage or Removal Fee Schedule Description: Municipal Code Amendment to Chapter 14.12 (Trees) of the Cupertino Municipal Code regarding responsibilities of public tree management, increasing penalties for damaging /removing public trees and meeting requirements to become a Tree City USA The City Clerk distributed an email from Deborah Jamison dated March 6, asking for clarification on the tree trimming prohibitions, and recommending that the Master Street Tree List be modified to include some California native trees that have the appropriate characteristics to qualify as a street tree. Director of Public Works Timm Borden introduced the item and Assistant Public Works Director Roger Lee reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said that she is pleased with the street tree crews and the treatment they give to the public trees. They have taken a proactive approach to helping the trees in her Rancho Rinconada neighborhood. Wei Min said that he is pleased Cupertino wants to become a tree city but said that the new ordinance won't help because of the major lack of trees in the City, especially on Rainbow near Stelling. Many streets have trees that are gone and it stays that way for many years. He said that this ordinance talks about penalizing people for hurting trees but what would help is to do something to plant new trees around the empty spaces. Jerome Viet said that his home on Larry Way doesn't have a sidewalk so he didn't know that the tree he planted on his property actually belongs to the City. Mr. Viet stated that a tree trimmer approached him and he paid the trimmer cash to trim the tree, but the trimmer did a poor job and part of the tree is now dead. Mr. Viet stated that he has now learned that although the tree he planted appears to be part of his property it is actually a City tree and that he may face a fine for trimming a tree that he planted believing it was his own tree. Tuesday, March 6, 2012 Cupertino City Council Patrick Kwok urged Council to look at the type of tree to be removed. He explained that the penalty should be more severe for protected trees and for a developer who removes a tree, rather than a resident trimming a tree for the benefit of environment and didn't know a permit was required. He noted that in comparing between cities, the recommendation for Cupertino is too different and should be comparable, and that outreach and education especially for new residents is important so they know the rules and the fines. He said that trees are important to a high - quality of life in Cupertino but urged Council to use discretion on circumstances on fines levied. City Attorney Carol Korade clarified that she sent a letter to four individuals and indicated that they were cited under the old ordinance so the fine would not go up as a result of this new ordinance. She also stated that if Council passed the ordinance as it is proposed with a financial hardship and lien procedure included, two things would happen: the fee amount would be limited to be the lesser amount or the individual would have the option to pay nothing and place a lien on their property. She confirmed that this could be done retroactively to include the current outstanding individuals. The City Clerk read the title of the ordinance. Wong moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Council agreed to the following amendments to the ordinance: • Change misdemeanor to infraction • Change second paragraph in 14.12.140a to be the same as previous paragraph • Include multiplier for species and incorporate three different categories of condition with a chart attached in a resolution as tree species change over time • Include two tiers for offenses where second offender is a developer, professional contractor or homeowner who is a repeat offender and all others are first offenders; 1 St time fee would be $600 or 10% of the fee, whichever is higher • Smooth the fee schedule to 1 -inch increments and include tree replacement in whole schedule Sinks /Wong moved and seconded to bring back attachment D (Master Street Tree List) as a resolution. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF City Manager David Knapp gave Council options regarding making a decision on a headhunter firm to hire a new City Manager. Council concurred that a sub - committee consisting of Rod Sinks and Gilbert Wong would do the footwork and the whole Council would choose the firm. Council directed staff to schedule on -going closed sessions at the beginning of each Council meeting as a placeholder until a decision is made. Council concurred to look at best practices regarding the Memorial Park geese issue and put information in the Manager's Weekly Notes. Tuesday, March 6, 2012 Cupertino City Council Council members Sinks and Chang agreed to agendize a discussion on capping the campaign contribution limit at $500. Council member Chang brought up the issue of banning plastic bags. Public Works Director Timm Borden said that staff would be bringing back an agenda item regarding a draft proposal on how to meet the required 40% waste reduction target, and that banning plastic bags is a significant part of that. ADJOURNMENT At 10:45 p.m., the meeting was adjourned to Tuesday, March 20, 2012, at 2:30 p.m. for a work program study session, to be followed by the regular Council meeting at 6:45 p.m. Grace Schmidt, Acting City 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.curertino.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.