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101-Draft minutes.pdf DRAFT MINUTES Special Meeting May 1, 2012 CLOSED SESSION 1. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency negotiator: Carol Atwood; Employee organization: OE3; CEA The closed session was cancelled due to information not being ready. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro called the meeting to order in the Council Chamber, 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 Mayor Santoro reported out on the April 30 closed session meeting regarding Public Employee Employment (Gov’t Code 54957(b)(1); Title: City Manager Recruitment and said that Council obtained briefing and gave direction. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Present proclamations to Organization of Special Needs Families 2011 President Award Recipients Recommended Action: Present proclamations Former Mayor Sandy James, President of the Board of the Organization of Special Needs Families, stated that the organization provides after school care, classes, sporting events, and Sunday drop off time for parents. She stated that all of the work would not be possible without the efforts of volunteers who return year after year. Thirty students were honored by the president for achieving over 100 hours of volunteer time. Mayor Santoro presented proclamations to the students. A student shared her experience of volunteering her time and what she has learned. May 1, 2012 Cupertino City Council Page 2 3. Subject: Present proclamations for local students who have been selected to attend global finals of Destination Imagination, the largest creative thinking and problem solving competition in the world Recommended Action: Present proclamations Mayor Santoro presented proclamations to the students. A student shared her experience in the program and encouraged others to try it. POSTPONEMENTS Mahoney moved and Wong seconded to postpone item number 18 to May 15 so that it could be discussed along with the Main Street development project. The motion carried unanimously. ORAL COMMUNICATIONS David Radtka said that he didn’t think Council member Sinks should have identified himself as a Council member at a meeting regarding the Monta Vista High School field lighting project. He stated that he felt it was inappropriate for a Council member to support a project that violates Cupertino’s own noise ordinance. T.S. Srinivasan said that one of the school field lights is about 20 feet from his backyard. He showed a picture of his house with the light showing in the background. He stated that this is a violation of a City ordinance and that the school could have considered other options on the lights that would have less glare. Susan Camilleri said that many residents from the Monta Vista High School neighborhood attended a Fremont Union High School District meeting on April 10 where Council member Rod Sinks made a statement. She noted that Council member Sinks said the speech was his own views and identified himself as a City official. Ms. Camilleri said she felt that people got the impression that he was speaking for the City rather than on his own. Jennifer Griffin spoke on item number 18 regarding the Finch Avenue vacation. She noted that the vacation is happening at the same meeting as the Main Street item and asked if the vote on the vacation would take place after the Main Street project has been approved. She said she felt that it would not be appropriate to vote on the vacation before the Main Street project is actually approved. Darrel Lum said he emailed Council comments supporting the vacation of Finch Avenue. He stated that he supports the vacation of Finch Avenue if it supports an advantage to the Main Street project. He said that since the approval of Main Street in 2009, there was some concern that the project might not continue. He stated that he feels there should be some conditions tied to the approval to vacate Finch Avenue such as proceeding with a first approval that Finch Avenue be restored to its present condition and approval of a bond to restore the property to its existing condition. He presented a map that showed a previous vacation that occurred during the Highway 85 project and noted that vacations may have some value and based on the purchase price of $65 million for 17 acres, Finch Avenue is probably worth about $4 to 5$ million dollars. May 1, 2012 Cupertino City Council Page 3 Mayor Santoro explained that the Finch Avenue vacation was delayed because the Main Street project has not been brought before Council. He also responded to the comments made regarding Council member Sinks. He noted that Council has taken no formal position on the Monta Vista High School stadium lights project because it is outside the Council’s jurisdiction, but that the City has commented on the lights and noise issue. He said that it is a normal practice for Council members to attend meetings as a City official and that it is normal to state that they are speaking on their own behalf. He cautioned Council members to be clear to the public when speaking on their own behalf rather than on behalf of the Council. Council member Sinks read a portion of what he said during the Fremont Union High School District meeting which included an introduction of himself as a Cupertino Council member, where he lives, and his feelings as a parent. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 8, 15 and 16 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 4. Subject: Accounts Payable for period ending April 13, 2012 Recommended Action: Adopt Resolution No. 12-037 5. Subject: Accounts Payable for period ending April 20, 2012 Recommended Action: Adopt Resolution No. 12-038 6. Subject: Treasurer's Investment and Budget Report for Quarter Ending March 2012 Recommended Action: Accept the report 7. Subject: Set budget study session for Wednesday, May 30 beginning at 1:00 p.m. Recommended Action: Set budget study session 8. Subject: 2011-2012 City Council Work Program Recommended Action: Approve the final work program Written communication for this item included a supplemental memorandum staff report. Wong moved and Mahoney seconded to approve the final work program except item 1A (Apple), 1C (Sand Hill Properties Site – Main Street project), 1G (Embarcadero Park/Results Way) 1J (Apple Cafeteria), and 3B (Fiscal Strategic Plan). The motion carried unanimously. Council member Sinks recused himself from voting on the remaining work program items and left the dais at 7:27 p.m. Wong moved and Mahoney seconded to approve the rest of the items as noted above. The motion carried with Sinks absent. Council member Sinks returned to the dais at 7:28 p.m. May 1, 2012 Cupertino City Council Page 4 9. Subject: Amend Cupertino's records retention schedule to add specific record types and extend timelines on certain record types Recommended Action: Adopt Resolution No. 12-039 Description: Includes amendments to records in City Clerk, Code Enforcement, City Manager, and Planning departments 10. Subject: Audit Committee unscheduled vacancy Recommended Action: Accept resignation of Stan Stemkoski, set application deadline date for May 7 and schedule interview date for May 15 beginning at 5:30 p.m. 11. Subject: Declare brush to be a public nuisance and set hearing for June 4 for objections to proposed removal Recommended Action: Adopt Resolution No. 12-040 12. Subject: Adopt resolution endorsing My Vote Our Future Project Recommended Action: Adopt Resolution No. 12-041 Description: As recommended by the Legislative Committee, it is recommended that the City Council adopt a resolution supporting My Vote Our Future. This program is a voter outreach and education project coordinated by De Anza College/Parents for Great Education; Catholic Charities of Santa Clara; Services, Immigrant Rights and Education Network/Asian Law Alliance; and Working Partnerships. Funding has been provided by the Santa Clara County Registrar of Voters (ROV) 13. Subject: Appointment of City of Cupertino representative to the Santa Clara County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory Committee (BPAC) Recommended Action: Accept the Bicycle Pedestrian Commission (BPC) recommendation to reappoint James Wiant to the VTA BPAC for a two-year term beginning July 1, 2012 14. Subject: Municipal Improvements, 21835 Lomita Avenue Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, driveway approach and curb & gutter improvements in the City right-of-way 15. Subject: Authorize agreement between City of Cupertino and City of Sunnyvale respecting the operation and sharing of costs pertaining to traffic signals in the vicinity of Homestead Road Recommended Action: Adopt Resolution No. 12-042 Written communication for this item included an amended staff report. Jennifer Griffin requested clarification on how different agencies coordinate the maintenance and upgrades that may occur due to new developments and how it’s determined who pays for the upgrades. Mayor Santoro responded that maintenance and timing of lights for replacement are shared and jointly owned. May 1, 2012 Cupertino City Council Page 5 Director of Public Works Timm Borden also responded that the maintenance and updates of traffic lights would be negotiated and continued to be supported by agreements on a case by case basis. Mahoney moved and Wong seconded to adopt Resolution No. 12-042. The motion carried unanimously. 16. Subject: Collection of the AB 939 Implementation and Household Hazardous Waste Fee Recommended Action: a. Adopt Resolution No. 12-043, authorizing execution of the Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015; b. Adopt Resolution No. 12-044, authorizing execution of the Agreement for Countywide Household Hazardous Waste Collection Program for FY 2012-2015 Sinks moved and Wong seconded to continue this item to a meeting in June and asked staff to send a message to the County regarding the fiscal impact to the City of all transfers to and from the County, particularly the County’s intention to take away money from Cupertino that the City was counting on to fulfill commitments made under the former Redevelopment Agency. The motion carried unanimously. 17. Subject: Fee waiver request from the League of Women Voters of Cupertino-Sunnyvale Recommended Action: Approve fee waiver SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 18. Subject: Postpone vacation of Finch Ave between Stevens Creek Boulevard and Vallco Parkway Recommended Action: Postpone to May 15, 2012 Written communication for this item included emails from Keith Murphy, Lisa Warren, and Darrel Lum. Under postponements, this item was continued to May 15. 19. Subject: Community Development Block Grant (CDBG) funds, Human Service grants and FY 2012 Annual Action Plan Recommended Action: Conduct Public Hearing; and 1. Adopt Resolution No. 12-045 approving the allocations for the use of the 2012-13 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2012-13 Annual Action Plan (Attachment B) as required by the Federal Department of Housing and Urban Development (HUD) Description: This is the second of two required public hearings regarding the use of 2012-13 CDBG funds, Human Service grants and the FY 2012 Annual Action Plan Senior Planner Vera Gil reviewed the staff report. May 1, 2012 Cupertino City Council Page 6 At 7:37 p.m. Mayor Santoro opened the public hearing. Wong moved and Chang seconded to adopt Resolution No. 12-045. The motion carried unanimously. Mahoney moved and Wong seconded to approve the FY 2012-13 Annual Action Plan. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 20. Subject: Amendments to Cupertino Municipal Code 2.28: 1) removing the residency requirement for the city manager position and, 2) amending the number of City Council votes required to remove the city manager from a 4/5 vote to a majority Recommended Action: Conduct the first reading of Ordinance No. 12-2093: "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.28 of the Cupertino Municipal Code regarding the City Manager position" Written communication for this item included a copy of Cupertino Municipal Code Chapter 2.28 regarding the City Manager and a redline version of draft ordinance. City Attorney Carol Korade reviewed the staff report. Jennifer Griffin said that it’s important for ongoing staff members to be there when there are changes to the City so that the City remains stable. She stated that she doesn’t feel it is appropriate to remove a City Manager on a whim or a fluke, but that it should be something more serious. She also said that she was not comfortable with a majority vote because she would be concerned that there might be three Council members present at a meeting and two of the three may vote to remove the manager without the rest of Council present. City Attorney Carol Korade stated that three votes are required on all legislative or employment actions. She also discussed her own contract and said she would like to have the same voting and due process update included in the ordinance for City Attorney as well. Council concurred to have the ordinance for City Attorney reviewed at the next meeting. Acting City Clerk Grace Schmidt read the title of the ordinance with the following amendments: 1) Keep only the first sentence in section A as amended per the staff report and 2) Delete sections B and C. Wong moved and Chang 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. 21. Subject: Ordinance amending Chapter 6.24 (Garbage and Recycling Collection and Disposal) of the Cupertino Municipal Code to address “Mandatory Recycling” requirements (AB 341) for multi-family and commercial business recycling Recommended Action: Conduct first reading of Ordinance No. 12-2094: "An Ordinance of the City Council of the City of Cupertino amending Chapter 6.24 (Garbage and Recycling Collection and Disposal) of the Cupertino Municipal Code to address “Mandatory Recycling” May 1, 2012 Cupertino City Council Page 7 requirements (AB 341) for multi-family and commercial business recycling” adding Section 6.24.035 (Mandatory Recycling) and amending Section 6.24.020 (Definitions) and 6.24.300 (Unauthorized Garbage Collection) Written communication for this item included a staff report addendum. Public Works Director Timm Borden reviewed the staff report. Acting City Clerk Grace Schmidt read the title of the ordinance with the following amendment to strike-through the second sentence in Section 6.24.300 as shown in the staff report addendum. Council also directed staff to bring back an additional change at the second reading to add a sentence at the beginning of Section 6.24.035 to say, “Mandatory recycling as it applies to multi-family residential and commercial businesses.” Chang moved and Wong 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. 22. Subject: Revise Chapter 9.06 of the Municipal Code, entitled, “Massage Establishments and Services” to conform to changes in state law Recommended Action: Conduct the first reading of Ordinance No. 12-2095: "An Ordinance of the City Council of the City of Cupertino revising Chapter 9.06 of the Municipal Code, entitled, “Massage Establishments and Services” to conform to changes in state law" Written communication for this item included a redline version of the draft ordinance. City Attorney Carol Korade discussed the purpose of the revision. The City Clerk read the title of the ordinance with an amendment to correct a typo on page 293 under Section B, second paragraph. Wong moved and Sinks 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. Mayor Santoro reordered the agenda to continue with Oral Communications. Garrett Wong, Jordan Spence, and Miles Membreno gave a PowerPoint presentation regarding an anti-Styrofoam initiative to ban Styrofoam in Cupertino. They stated that their mission is to educate the community on the negative impacts of Styrofoam. They also stated that their ultimate goal is get Styrofoam banned in Cupertino permanently. Some of the negative health impacts and environmental issues, such as a possible cause of cancer and the 500 years it takes for Styrofoam to decompose, were also highlighted. They encouraged Council to consider banning Styrofoam in Cupertino. Council recessed from 8:04 p.m. to 8:13 p.m. May 1, 2012 Cupertino City Council Page 8 23. Subject: McClellan Ranch Master Plan 2012 Update and Naming of McClellan Ranch Recommended Action: Formalize the City Council’s conclusions, reached through a “straw vote,” on April 3, 2012 and approve the Parks and Recreation Commission’s recommendations to: 1. Adopt the McClellan Ranch Master Plan 2012 Update; 2. Direct staff to include its priority capital improvement projects in the 2012-17 Capital Improvement Program as appropriate; 3. Adopt Resolution No. 12-046 changing the name of McClellan Ranch Park to “McClellan Ranch Preserve”; 4. Adopt Resolution No. 12-047 renaming the Simms property as “McClellan Ranch West”; however no change in the parcel’s zoning or status can take place until authorized by a future City Council action Written communication for this item included emails from Doug Cheeseman, Phillip Pflager, Rhoda Fry, Lola Kashyap, Gail Bower, Joanne Acterra, Anne Ng, and Deborah Jamison. Public Works Director Timm Borden and Parks and Recreation Director Mark Linder reviewed the staff report. Shani Kleinhaus from the Audubon Society encouraged Council to change the names. Jennifer Griffin said that the title of McClellan Ranch Preserve and McClellan Ranch West is appropriate. She noted that there are many old buildings at McClellan Ranch and if there is no room there, then Cupertino should establish another location for old buildings. Keith Wandry said that he supports the preservation of old buildings. He stated that the park is an ecosystem small enough that kids can grasp it and can see the interaction between different animals there. He said that he feels the park is a valuable asset for teaching good values to kids for the future. Shirley Kinoshita said that she was involved in the past with McClellan Ranch and appreciates the value that the park has meant to her personally and now she enjoys taking her grandchildren down the path to the gardens. She said she cherishes it as a nature preserve. Mahoney moved and Wong seconded to adopt the McClellan Ranch Master Plan 2012 update. The motion carried unanimously. Wong moved and Mahoney seconded to direct staff to include its priority Capital Improvement Projects in the 2012-17 CIP as appropriate and consider the Stocklmeir, McClellan Ranch, and Simms creek corridor properties with respect to adding new buildings or relocating existing ones. Staff will prepare a summary of the pertinent task force recommendations and council decisions that affect the involved parcels. The motion carried unanimously. Chang moved and Mahoney seconded to adopt Resolution No. 12-046. The motion carried with Santoro and Wong voting no. May 1, 2012 Cupertino City Council Page 9 Chang moved and Mahoney seconded to adopt Resolution No. 12-047. The motion carried with Santoro and Wong voting no. REPORTS BY COUNCIL AND STAFF Council concurred to add an item to the next Council meeting consent agenda regarding canceling the July 17 Council meeting. Council members Sinks and Chang asked staff to add a plastic bag and Styrofoam ban discussion to a future Council agenda. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:47 p.m., the meeting was adjourned to Tuesday, May 15 at 5:30 p.m. for Audit Committee interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino. ____________________________ Graces 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.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.