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101-Draft Minutes.pdf DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Meeting Monday, November 5, 2012 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Mark Santoro called the regular 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: Public Employee Performance Evaluation (Government Code 54957) - City Manager and City Attorney At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Santoro announced that Council discussed the evaluation of the City Manager and the City Attorney and no action was taken. Mayor Santoro also reported out from the 5:45 p.m. special closed session meeting regarding Conference with legal counsel – anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) and said that Council discussed the exposure, obtained a briefing, gave direction to staff and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro reconvened the regular City Council meeting and led the Pledge of Allegiance. Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 2 ROLL CALL Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Proclamation for Santa Clara County Supervisor Liz Kniss for her service to Cupertino Recommended Action: Present Proclamation Supervisor Kniss was not able to attend the meeting. 3. Subject: Recognize students for their volunteer work at Silicon Valley Korean School Recommended Action: Present Certificates of Appreciation Mayor Santoro presented Certificates of Appreciation to the Silicon Valley Korean School students. President of the Silicon Valley Korean School Jane Lee spoke about the students and their volunteer work. A few of the students told about their experience as volunteers and thanked the Council. 4. Subject: Proclamation for Natalie Ng upon her academic and scientific achievements Recommended Action: Present Proclamation Mayor Santoro presented the proclamation to Natalie Ng. Ms. Ng explained her project and thanked her teachers at Monta Vista, her parents, and her mentor at Stanford University. 5. Subject: Presentation to five Cupertino students who placed at the regional science fair Recommended Action: Present certificates Mayor Santoro presented the certificates to the students. The students explained their projects and thanked the Council. 6. Subject: Proclamations to supporting organizations for the design and implementation of the first of its kind Green@Home Do-It-Yourself Tool Kit Recommended Action: Present proclamations Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 3 Description: Proclamations to be presented to: the Cupertino Library, Cupertino Library Commission, Cupertino Technology, Information and Communications Commission, Acterra, Silicon Valley Energy Watch, Santa Clara Valley Water District Mayor Santoro presented the proclamations to the Cupertino Library, Cupertino Library Commission, Cupertino Technology, Information and Communications Commission (TICC), and the City of Cupertino Environmental Affairs Division. Environmental Affairs Coordinator Erin Cooke talked about the kit and showed what it looked like. TICC Chair Peter Friedland thanked Ms. Cooke for driving the initiative. Library Commissioner Rose Grymes thanked Council on behalf of the commission. Cupertino Community Librarian Mark Fink said the kits can be checked out from the library and kept for one week. Patrons can also keep some of the items from the kit and he noted that the library gives the residents all the necessary tools. 7. Subject: Annual report from the Public Safety Commission Recommended Action: Receive report Public Safety Commission Chair Andy Huang gave a report on the activities of the commission via a PowerPoint presentation. He said the commission has been working on activities related to walking and biking to reduce traffic around schools. He mentioned that Captain Ken Binder from the County Sheriff’s department and Chief Pisciotta from County fire attend the commission meetings. Public and Environmental Affairs Director Rick Kitson provided an update on the Cupertino Alert system. He said that participation in the alert system has grown by 13% since it was brought online in 2010 and noted that there would be training in December or January with sheriff and fire staff. Mr. Kitson talked about opt-in information and explained that anything given to the Cupertino system is also shared with the County. POSTPONEMENTS - None ORAL COMMUNICATIONS Mark Fink, Cupertino Community Librarian, gave an update regarding activities at the library. He shared three statements from patrons about how the library adds value to Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 4 their lives. He noted that Council member Wong would be taking over as the representative for the Library Joint Powers Authority Board. He also said that the Plane Tree Health Information Center on the second floor of the library is open 20 hours a week for residents to receive in-depth health and medical information from someone who has special training. Mr. Fink said that the library would also be partnering with the Cupertino Historical Society and the Friends of the Cupertino Library to offer a program related to the U.S. Japanese/American Internment experience, how it affects democracy, and what lessons have been learned. The program will be held November 18 in the Cupertino Community Hall at 1:30 p.m. The moderator will be Tom Izu from the California History Center at De Anza College. Rose Grymes from the Library Commission gave an interim report from the commission. She said that on a month-to-month basis, the library provides 40 programs with 2,000 or more patrons, touching on the cultural diversity of Cupertino. She also noted that this year Silicon Valley Reads would be offering a presentation on Wounds of War and that the Poet Laureate has done many programs including winter poetry readings and poetry writing workshops for teens and adults. She said the commission is taking up the challenge to see how it can support the availability of digital resources including e-books for patrons and what it means to move toward Library 2.0 or 3.0. She announced that Nancy Howe will be the new County Librarian and Megan Wong will be the County Virtual Library Manager. Anne Smart from the Silicon Valley Leadership Group talked about the upcoming 8th Annual Turkey Trot Charity Run. The event will begin on Thanksgiving Day with a 5k run or walk. Ms. Smart encouraged Council to sign up for the event and said that the deadline for signups was Tuesday, November 20 at 3:00 p.m. She said that people could sign up at www.sbturkeytrot.com. CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended with the exception of items 12 and 14 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 8. Subject: October 16 City Council minutes Recommended Action: Approve minutes 9. Subject: Accounts Payable for period ending October 5, 2012 Recommended Action: Adopt Resolution No. 12-125 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 5 10. Subject: Accounts Payable for period ending October 12, 2012 Recommended Action: Adopt Resolution No. 12-126 11. Subject: Accounts Payable for period ending October 19, 2012 Recommended Action: Adopt Resolution No. 12-127 12. Subject: Treasurer's Investment and Budget Report for Quarter Ending September 2012 Recommended Action: Accept the report Mayor Santoro noted that the Audit Committee hadn’t seen the report yet before coming to Council. Director of Administrative Services Carol Atwood explained that the State has a 45-day requirement to present the report to Council and the item was on tonight’s agenda because the Nov 20 Council meeting had been cancelled. She noted that the item was agendized for the next Audit Committee meeting. Council asked staff to review the schedule to see if the committee could meet before the special November 13 Council meeting. Wong moved and Mahoney seconded to continue this item to November 13. The motion carried unanimously. 13. Subject: Alcoholic Beverage License, Andre Boudin Bakeries, Inc, 20682 Stevens Creek Blvd Recommended Action: Approve Alcoholic Beverage License, Andre Boudin Bakeries, Inc 14. Subject: California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program Recommended Action: Adopt Resolution No. 12-128 authorizing the submittal of applications to CalRecycle for grant monies and authorize the Director of Public Works to execute documents necessary to secure grant funds and implement approved grant projects Mayor Santoro asked staff a question regarding this item. Santoro moved and Wong seconded to adopt Resolution No. 12-128. The motion carried unanimously. 15. Subject: City Project, 2012 Various Park Path and Parking Lot Repairs Project, Project No. 2012-03 Recommended Action: Accept Project No. 2012-03 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 6 16. Subject: Municipal Improvements, 10218 & 10228 Orange Avenue Recommended Action: Accept Municipal Improvements Description: The applicant has completed City-specified improvements in the City right-of-way including driveway approach, sidewalk, and curb & gutter as required by the improvement agreement with the City SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 17. Subject: Adopt a resolution to vacate portions of easements on properties near the north approach to the Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Adopt Resolution No. 12-129 and No. 12-130 Director of Public Works Timm Borden reviewed the staff report. Mayor Santoro opened the public hearing. Seeing no speakers, he closed the public hearing. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-129 and 12-130. The motion carried unanimously. Council recessed from 8:00 p.m. to 8:08 p.m. ORDINANCES AND ACTION ITEMS 18. Subject: Study Session regarding Protected Trees on private property Recommended Action: Review options and provide staff with direction on the type of changes to be studied in amendments to Chapter 14.18, Protected Trees Description: Application: MCA-2012-02; Applicant: City of Cupertino; Property Location: City-wide; Application Summary: Amendments to Chapter 14.18, Protected Trees, of the Cupertino Municipal Code Associate Planner Piu Ghosh reviewed the staff report. Jennifer Griffin said that this was a good ordinance for City trees, protected trees, and trees in general. She noted that due to global warming, we need to protect our assets and the green canopy in Cupertino is an asset. She said she was confused about why a study session was being held because the ordinance works fine the way Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 7 it is. She expressed concern that the City would deregulate all trees and said that would be moving backwards. She said that if the City starts changing the protected tree list, then a public notice should be sent out first. Darrel Lum showed pictures of various trees throughout the City that had been replaced. He said that based on the photos, it appears that some things are falling through the cracks because trees are being replaced with other trees that are very different and much smaller than what was there before. Mark Taylor explained that one of his trees needed thinning so cables were put up and the neighbors notified. He said he was told that he had to use the City Arborist who was twice the cost of his own arborist whom had already written a report. He also said that another one of his trees had spontaneously failed and that the way the ordinance was interpreted, if he hadn’t pushed back, the replacement cost would have been too high. He asked council to be reasonable when dealing with property owners that have issues with trees on their own property. Council gave the following direction to staff: • Present an ordinance amendment to the Protected Trees chapter to remove the reference to “public trees” and change the penalty from a misdemeanor to an infraction • Present a report regarding the following: o Streamline the tree removal process in R1/A1/A/RHS zones and consider inclusion of R2 zones for smaller protected trees with required mitigation o Review the size of trees in diameter for specimen trees – should some specimen trees have larger diameter size vs. others o Review the list of specimen trees to ensure that they are native • Review whether greater penalties should be imposed for illegal removal of larger protected trees Responding to a question from Council, staff noted that this item would probably come back to Council around February 5. REPORTS BY COUNCIL AND STAFF City Manager David Brandt said the City received two awards from the National Association of Telecommunications Officers and Advisors (NATOA) for the 2012 State of City Address and the 2011 local election coverage. He noted that the City also Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 8 received the Santa Clara Valley Run-Off Pollution Prevention award for Stevens Creek Corridor Phase I. Council members Sinks and Wong asked for information and statistics regarding complaints about the public street tree planting initiative, especially in the Rancho Rinconada area. The City Manager said that information would be provided to Council in the weekly notes. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:45 p.m. the meeting was adjourned to November 13 beginning at 6:30 p.m., Council Chamber, 10350 Torre Avenue, Cupertino, CA. ______________________________ Grace Schmidt, 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.