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CC 09-07-04 OF CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting September 7, 2004 CALL TO ORDER At 6:17 p.m. Acting Mayor Kwok called the meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. ROLL CALL City Council members present: Acting Mayor Patrick Kwok, and Council members Richard Lowenthal and Dolly Sandoval. Council members absent: Mayor Sandra James and Council member Kris Wang. Staff present: City Manager David Knapp and Deputy City Clerk Grace Schmidt. INTERVIEWS 1. Conduct Teen Commission interviews for Hyde Junior High School and Homestead High School. Council members interviewed Roya Rahgozar for the Homestead High School vacancy and unanimously agreed to appoint Roya Rahgozar to a term ending June 2006. 2. Provide direction to staff regarding filling any remaining vacancies. (No documentation in packet). The Council members voted to appoint Andrew Grossman from the first round of interviews from June 1, and directed staff to amend the first bullet of Resolution No. 02- 167 to say that at least one person shall be appointed from each public middle school and public high school in Cupertino, "if possible." Vote: Ayes: Kwok, Lowenthal, Sandoval. Noes: None. Absent: James and Wang. RECESS Council recessed from 6:30 p.m. to 6:45 p.m. September 7, 2004 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 p.m. Acting Mayor Kwok called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Acting Mayor Patrick Kwok, and Council members Richard Lowenthal and Dolly Sandoval. Council members absent: Mayor Sandra James and Council member Kris Wang. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Qualls, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Senior Planner Colin Jung, Assistant Planner Gary Chao, and Deputy City Clerk Grace Schmidt. CEREMONIAL MATTERS - PRESENTATIONS 3. Dr. Martha Kanter, Chancellor of the FoothiJI-De Anza Community College District, introduced Dr. Brian Murphy as the new president of De Anza College. Dr. Kanter introduced Dr. Murphy, the new president of De Anza College. Dr. Murphy gave a PowerPoint presentation titled, "De Anza College: Today and Tomorrow." Dr. Kanter discussed the new Science Center, Student and Community Services Center, and the Kirsch Center for Environmental Studies. She said that the grand opening of the Science Center is scheduled for October I at 12:30 p.m. and the other centers are scheduled to open in falJ of2005. She also invited everyone to De Anza College's annual fundraising event on November 6, and Dr. Murphy's inauguration on November 17 at 2:30 in Flint Center. POSTPONEMENTS - None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted three items: 1) An email from Cecilia Chang to Gary Chao protesting the Sprint PCS wireless tower for item number 15; 2) A copy of the appeal regarding the Sprint PCS wireless tower for item number 15; 3) A PowerPoint regarding the Cali MiJI Plaza Special Events Policy for item number 20. ORAL COMMUNICATIONS Dennis Whittaker, representing the Concerned Citizens of Cupertino (CCC), talked about their initiative petitions and said that nearly 14,200 signatures have been colJected. He reviewed three compromise offers to negotiate instead of an election, which included: I) The cover letter submitted with Notice of Intent to Circulate Petitions from March 2004 asking Council to September 7, 2004 Cupertino City Council Page 3 consider any language changes of the proposed General Plan amendments and asking the Council to enact the ordinances and offer for voter approval of General Plan amendments containing the proposed language or other language that meets the group's concerns; 2) The same offer repeated several times by proponents during Oral Communications when closed sessions were held regarding litigation against the proponents; 3) A letter to Council on July II, 2004 containing the offer to stop circulating the petitions if the Council would place on the November 2004 ballot alternative General Plan amendments that meet the group's concerns. LeAnne Cooley, Castine Ave., representing the CCC, reviewed two more compromise points regarding the initiatives. She said that the July 11 offer to Council was rejected, as were all, previous offers and Council stated there was not enough time to meet the CEQA environmental requirements and get a measure on the November ballot. She said that the CCC responded they would be willing to keep the compromise offer open until September. She said that Election Code 9214 would allow Council to adopt the initiatives instead of placing them on the ballot, and she said that the CCC has made every effort to compromise with Council to avoid that cost of an election. Sandoval said that she did not see the previous statements as compromise efforts, but rather pure language of what the CCC group wanted on the initiatives. Kwok said that Council has been taking the initiative process seriously but that there are laws that prohibit Council from talking about the matter. He asked the City Attorney to advise the CCC ofthe next steps. Kilian said that the next steps of the Initiative process are: 1) Proponents submit the petition to the City Clerk; 2) The City Clerk submits the signatures to the Registrar of Voters; 3) The Registrar verifies the signatures within 30 days; 4) The matter comes back to the City Council, and it can either adopt the measure as proposed to become law, place the matter on the balJot; or continue the matter for 30 days to alJow for a study on the impacts of the Initiatives; 5) If Council asks for a study, then after the 30 days it would decide whether to adopt the ordinance or put it on the ballot. He said a special election would have to be held within 88 to 103 days, assuming the petition has 15% of the registered voters. If it has less than 15% registered voters but more than 10%, the matter would have to go on the next regular election ofthe City Council. Community Development Director Steve Piasecki said that the General Plan Task Force document would be coming to Council on September 20. He said that if the initiative petitions have sufficient signatures to trigger an election, then staff would prepare an initiative alternative to go along with the General Plan evaluation process. Kilian explained that Council could adopt such a General Plan alternative, which would take affect if the initiatives were enacted, so that citizens could see what would happen to the General Plan if the initiatives were to pass. Penny Whittaker, Sheryl Dr., clarified the CCC compromise issue. She said that at the beginning of the process, the group offered a first compromise in a letter to the City Attorney and didn't September 7, 2004 Cupertino City Council Page 4 receive any response. She said that it was made clear at a televised City Council meeting that there would be no compromise from this City Council. CONSENT CALENDAR Lowenthal/Sandoval moved and seconded to approve the items on the Consent Calendar as recommended. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 4. Approve the minutes from the August 16 and 17 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for August 13,20, and 27 Resolution Nos. 04-387 to 04-389. 6. Adopt resolutions accepting Payroll for August 13 and 27, Resolution Nos. 04-390 and 04-391. 7. Accept the Treasurer's Budget Report for July 2004. 8. Approve an application for an Alcoholic Beverage License, Rio Adobe, 10525 S. De Anza Blvd., Ste. 100. 9. Public nuisance: a) Adopt a resolution setting a public hearing date of October 4 to consider abating a public nuisance (excessive un-containerized garbage, dry and overgrown weeds, and overgrown foliage obstructing the sidewalk) at 20091 La Roda Court, APN 369-34-030, James and Colleen P. James property owners, Resolution 04-392 b) Adopt a resolution setting a public hearing date of October 4 to consider abating a public nuisance (excessive un-containerized garbage, furniture, tools, lumber, recyclables and appliances in view of the public right of way) at 10240 Johnson Avenue, APN 375-25-062, Mike and Julie Jacobson property owners, Resolution 04-393 10. Receive the Annual Report. 11. Approve Improvement agreements: a) Adopt a resolution approving an Improvement agreement for AKVW Investments, LLC, a California Limited Liability Company, 10141 Lebanon Drive, APN 342-14-005, Resolution No. 04-394 b) Adopt a resolution approving an Improvement agreement for Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife as Joint Tenants, 10040 Carmen Road, APN 326-50-055, Resolution No. 04-395 September 7,2004 Cupertino City Council Page 5 c) Adopt a resolution approving an Improvement agreement for Philip Chen, a married man, as his sole and separate property, 22260 Cupertino Road, APN 326- 50-031, Resolution No. 04-396 12. Approve Grants of Easement: a) Adopt a resolution approving a Grant of Easement, roadway, for Jae-Hak Ko and Hye-Ryeong Kim, Husband and Wife as Joint Tenants, 10040 Carmen Road, APN 326-50-055, Resolution No. 04-397 b) Adopt a resolution approving a Grant of Easement, roadway, for Philip Chen, a married man, as his sole and separate property, 22260 Cupertino Road, APN 326- 50-031, Resolution No. 04-398 13. Adopt a resolution approving a Grant of Fire Service Easement to San Jose Water Co., library site, Resolution No. 04-399 14. Accept municipal improvements for Chiping Yang & Bee Choo Yang, 1508 10660 Santa Lucia Road, APN 342-16-034. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS 15. Consider an appeal of a Planning Commission denial of Application No. U-2004-08, Sandra SteelelThe Alaris Group, 940 S. Stelling Road, APN: 359-25-041, for a use permit to locate Sprint Wireless Communication antennas and equipment within an existing cross tower at Redeemer Lutheran Church and to extend the height of the cross tower to 55 feet. Community Development Director Steve Piasecki reviewed the staff report via PowerPoint. He noted that the project meets the Federal Communications Commission Safety and Health Standards, the City's noise ordinance, and the zoning ordinance in the City's Wireless Master Plan. He explained the provisions in the Telecommunications Act (TA) that the City must consider when reviewing a wireless facility proposal, as mentioned in the staff report, including not being allowed to regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission. He asked Council and speakers to focus on design issues related to the tower facility only and not electromagnetic frequency issues. City Attorney Charles Kilian commented on the federal law that states that local agencies may not stand in the way of telecommunication projects based on radio frequency emissions standards, but may discuss design. September 7, 2004 Cupertino City Council Page 6 Piasecki commented that the Planning Commission only looked at the original design and made its decision based on that design. He said that the applicant has proposed two alternatives, Option A which shows the design within the existing structure, or Option B, which is a tree-pole antenna. He said that staff recommends option A because it follows an existing pattern. Assistant Planner Gary Chao said that the applicant's noise study shows that the noise limits would be well within the parameters of the noise ordinance. He said that staff added a condition for approval requiring the applicant to submit to noise readings at the property line prior to the issuance of building permits. Applicant and appellant Sandra Steele, representing Sprint PCS, said that her primary goal was to show that the findings made by the Planning Commission were flawed. She said Sprint's design meets all the criteria of the City of Cupertino's Wireless Facilities Master Plan, and a wireless site on a church is an appropriate location per Master Plan Section 3 regarding existing structures in residential areas. She continued that her secondary goal was to address neighbor's concerns. She explained Sprint has shown that there is a need for this site, and there is no viable alternative to the proposed wireless site at Redeemer Lutheran Church. She highlighted the project via PowerPoint, including the three alternative designs; coverage map and drive test map showing existing coverage; Cupertino map showing on-air sites of other wireless operators located on schools and in residential areas; and Cupertino's zoning map showing viable buildings that wireless carriers could build on. She said that the Redeemer Lutheran Church was selected because it satisfied the four necessary criteria to be a viable candidate: 1) It meets radio frequency (RF) coverage objectives; 2) It complies with the City Wireless Master Plan and ordinances; 3) It's feasible from a construction standpoint; and 4) It has a willing landlord. She said that Sprint PCS identified 10 main alternative candidates to the Redeemer Lutheran Church and the reasons that they wouldn't work. She noted that Sprint PCS held two community meetings before and after the Planning Commission meeting. She requested that Council overturn the denial and approve the application. The public hearing was opened and the following individuals spoke. Dawn Teuthom, Pastor of Redeemer Lutheran Church explained that she was approached by Sprint PCS and thought that the wireless tower would be good for the community and would fill a need. She said she was sad that the tower upsets the community instead. She said the doors of the church are always open for community meetings. She said she supported the application. The following individuals spoke against the application: · Chen-lung Chen, Jollyman Lane · Roger Peng, Jollyman Lane · Daniel and Pinky Lee, Jollyman Lane · Ervie Cantwell, Huntridge Lane September 7, 2004 Cupertino City Council Page 7 · Hengfu Hsu, Huntride Lane · Rita Love and Penny Peng, Jollyman Lane and Orline Ct. · Chris Cheng, Dumas Dr. · Scott Hughes, Huntridge Lane · Rex Tsou, Jollyman Lane · Dr. Katz · E.J. Conens · Andrea Harris, Tuscany PI. · Calvin Cheng, Dumas Dr. · Paul and Terry Cheng, Dumas Dr. · John Love, Jollyman Lane Their comments included aesthetic and location concerns; negative impacts on health and property value; wireless service is unnecessary in the neighborhood; the wireless tower doesn't belong at a church and especially in the cross tower; the tower is not consistent with the City's Wireless Master Plan; the tower is obtrusive; the photo simulations are not to scale; there are safety issues such as children climbing on the tower; and the noise level of 65 db is particularly hard on children. The applicant responded that there are no reports showing that property values would be affected; the photo simulations are done by a professional organization and are accurate; Sprint is open to suggestions regarding design and the second community meeting was held to talk about design options; she heard positive comments from the community at the first meeting regarding the first option; the conditional use permit is valid for 5 years and the City could revisit it at that time; Sprint receives many calls from its customers about unreliable wireless service in that area and they are responding to customer demand; Sprint tried to follow the City's ordinances and the Wireless Master Plan; Cupertino has allowed antennas in neighborhoods before; and other communities have used existing cross structures. City Attorney Charles Kilian asked the applicant if there is any evidence that the area Sprint is seeking to serve is not properly served by other carriers or providers. Randall Schwabacher, Site Acquisition Representative and consultant to Sprint and other carriers, responded that other carriers do not have good coverage in this area either. He said that the trend is for most people to have cellular phones for safety purposes. He said that he couldn't say that other carriers couldn't provide service, but that no carrier really has coverage in buildings in this residential area. Senior Planner Colin Jung said that staff has been approached by Cingular Wireless to locate a cell site facility in Jollyman Park, and have also expressed the willingness to co- locate with Sprint if the application is successful. He responded to a Council question and said that the equipment requires atmospheric cooling, so if it is enclosed, the structure would require mechanical ventilation, which would add to the noise. September 7,2004 Cupertino City Council Page 8 Sandoval said that she has noise level, girth, and height concerns with the current application. She said she agrees that cell sites are needed, however, and more work needs to be done to find the least restrictive place to put them where they Can benefit the community the most. Lowenthal said that the structure is too big and bulky and fails Policy 5-2 as described on page 15-4 of the staff report regarding unobtrusive personal wireless service facilities in residential neighborhoods. He said he would be okay with the structure if the antennae were to fit within the existing structure. Kwok said that he is concerned with visibility, appearance, location, and height of the structure and objects to having the antennae in a cross tower. He said he doesn't support the tree pole alternative either. He asked that the absent Council members review the tapes and minutes on this item. The applicant requested a continuance of the application. Lowenthal/Sandoval moved and seconded to continue the item and referred it back to the Planning Commission, and then back to Council again within 90 days. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. PLANNING APPLICATIONS UNFINISHED BUSINESS 16. Discuss the Cupertino Historical Society's (CHS) proposal to convert the Stocklmeir residence into an office and exhibit space for the Society. Parks and Recreation Director Therese Smith reviewed the staff report. She asked Council to affirm its decision to partner with the Cupertino Historical Society and to agendize the initiation process of amending the General Plan for a zoning change at the next Council meeting. Donna Austin from the Cupertino Historical Society said that studies will be ready mid- October and supports the General Plan Amendment process. Lowenthal/Sandoval moved and seconded to agendize consideration of a General Plan Amendment, and directed staff to have the absent Council members see the proceedings of the meeting to bring them up to speed. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. September 7,2004 Cupertino City Council Page 9 NEW BUSINESS 17. Adopt a resolution approving a rural designation to eliminate the requirement for sidewalks, curbs and gutters, and streetlights for Ricardo Road pursuant to Ordinance No. 1925, Resolution No. 04-400. Public Works Director Ralph Qualls reviewed the staff report. Sandoval/Lowenthal moved and seconded to adopt Resolution No. 04-400. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 18. Review the bids and award the contract for the Safe Routes to School Cycle 3, Project No. 2004-9544, to Joseph J. Albanese, Inc., in the amount of $185,463.90, and approve a construction contingency in the amount of up to $30,000.00, for additional work that may be determined necessary by the Director of Public Works, for a total of$215,463.90. Public Works Director Ralph Qualls reviewed the staff report. Patrick Moreno, Tilson Ave., said that he lives in an area that has mud puddles in the winter and dust in the summer, and that he had submitted a petition a year ago asking for repair. Sandoval said that she had asked staff that when the project was re-bid to take into account the Tilson A venue area to see what improvements could be made. Qualls said that work on Tilson Avenue is not in this contract, and the area in question is actually school district property. Also, the City can't afford to improve it with the current grant. He said that this should be discussed with the school district and staff could bring a separate report regarding cost at another Council meeting. LowenthallKwok moved and seconded to award the contract and directed staff to come back with a report regarding Tilson Avenue work and estimate of cost. Vote: Ayes: Kwok and Lowenthal. Noes: Sandoval. Absent: James and Wang. Sandoval said she voted no because Tilson Avenue work was supposed to be included and was not even considered. 19. Renew the Law Enforcement Contract with Santa Clara County for the 10-year period, 2004/05 - 2014/15. Community Development Director Carol Atwood reviewed the staff report. Lowenthal/Sandoval moved and seconded to renew the contract. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. September 7,2004 Cupertino City Council Page 10 20. Adopt the Cali Mill Plaza Special Events Policy. Parks and Recreation Director Therese Smith reviewed the staff report and gave a PowerPoint presentation regarding the site development history; terms of use agreement; process for coordinating a community event at Cali Mill Plaza; cost for holding events at the plaza, including a security deposit; scheduling; submittal of an event plan; insurance coverage; alcohol; cost of use; acceptance of terms; notification of neighbors; and post event process. Lowenthal/Sandoval moved and seconded to adopt the policy adding a maximum reservation time of 12 months and a minimum reservation time of 3 months. 21. Adopt a resolution supporting Proposition lA, a constitutional provision to ensure that local tax funds remain with local government, Resolution No. 04-401. Public Works Director Ralph Qualls reviewed the staff report. He explained that Proposition IA does the same thing as Proposition 65 in that it offers the same protection for local funding by not allowing the state to take anything away from the current levels of funding, including property sales and vehicle license fees, and it doesn't allow the state to shift any money. He said that Proposition lA differs from Proposition 65 in that it doesn't require a ballot approval by the California electorate for a raid on local funds. He explained that there is a provision for emergencies, which requires a 2/3 vote of the legislature, allowing the state to borrow money. This could only be done under the initiative beginning in 2008 and then only twice in two years. The limit to the money borrowed would be capped at about $1.3 billion and the state would have to pay the money back within three years, with interest. If the state does not pay the money back, it could never borrow money again. He said in many ways, Proposition lA is a superior measure to Proposition 65 because it provides constitutional protection of the cities, and has support of both houses of the legislature and the Governor. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 04-401. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 22. Conduct the first reading of Ordinance No. 1944: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.08 of the Cupertino Municipal Code, Relating to Excavations, Grading and Retaining Walls, and Adding Winter Grading Provisions." The Deputy City Clerk read the title of the ordinance. Lowenthal/Sandoval moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 23. Conduct the first reading of Ordinance No. 1945: "An Ordinance ofthe City Council of the City of Cupertino Amending Chapter 9.08 of the Cupertino Municipal Code Regarding Weed Abatement." September 7,2004 Cupertino City Council Page 11 The Deputy City Clerk read the title of the ordinance. Lowenthal/Sandoval moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. ORDINANCES 24. Conduct the second reading of Ordinance No. 1941: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.04.010 of the Cupertino Municipal Code to Change the City Council Regular Meeting Dates to the First and Third Tuesdays of Each Month." Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. The motion failed. Sandoval offered a friendly amendment that on Election Tuesday the City Council Regular Meeting would be on the first Monday in November. Lowenthall Sandoval moved and seconded to that the City Clerk's reading would be the first reading and directed staff to amend the ordinance to say that on Election Tuesday the City Council Regular Meeting would be on the first Monday in November. Vote: Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 25. Conduct the second reading of Ordinance No. 1942: "An Ordinance of the City Council of the City of Cupertino Amending Section 2.32.050 (A) of the Cupertino Municipal Code to Change the City Planning Commission Regular Meeting Dates to the Second and Fourth Tuesdays of Each Month." SandovallLowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 1942. Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. 26. Conduct the second reading of Ordinance No. 1943: "An Ordinance of the City Council of the City of Cupertino Amending Section 13.04.130 of the Cupertino Municipal Code Regulating Skating and Rollerblading in City Parks." Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. Lowenthal/Sandoval moved and seconded to enact Ordinance No. 1943. Ayes: Kwok, Lowenthal, and Sandoval. Noes: None. Absent: James and Wang. geptember 7, 2004 Cupertino City Council Page 12 STAFF REPORTS 27. Receive a report from Bicycle Pedestrian Commissioner Joe Walton regarding Regnart Creek. (No docurnentation in packet). Bicycle Pedestrian Commissioner May Koski showed a video and distributed a report regarding the development status of the demonstration portion ofthe Regnart Creek Trail. Sandoval/Lowenthal moved and seconded to receive the report and authorized the Bicycle Pedestrian Commission to form a task force to study the portion of the Regnart Creek Trail between Pacifica and Rodrigues at a time when they find appropriate, and directed staff to apply for a grant. Administrative Services Director Carol Atwood discussed a School Resource Officer (SRO) proposal she has been working on. She said that the City has been allocated $100,000 this year from the state in Citizens' Option for Public Safety (COPS) money, and this money could be used to fund a second officer who would be placed in the schools for % time at a cost of $120,000. She said that staff has approached Fremont Union High School District, Cupertino Union School District, and their two foundations, and have asked each to contribute $5,000. She said the goal is to bring this proposal back to Council at the next meeting. She added that Cupertino Union School District has committed the $5,000 and the other three agencies are still reviewing the request. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the following: I) The local firefighters BBQ supporting the Cupertino Community Services (CCS); 2) Cupertino Day at the San Jose Giants; 3) The Library JPA meeting to decide that all County libraries would be closed on Mondays starting in October; 4) The need for the parcel tax to pass or the library funding situation would worsen; 5) The opening ofLe Boulanger at the Cali Mill Plaza; 6) Council Member Day at the Cupertino Teen Center; 7) Cupertino Educational Endowment Fund (CEEF) brick ceremony; 8) The Moon Festival coming up; 9) Cupertino Senior Center volunteer recognition luncheon coming up. CLOSED SESSION 28. Initiating litigation - Government Code Section 54956.9(c), regarding initiating litigation against Ole Rasmussen and the Blue Pheasant Restaurant. (No documentation in packet). At 11:07 p.m. Council recessed to a closed session in Conference Room A. At 11:21 p.m. Council reconvened in open session. The City Attorney announced that Council discussed the pending litigation and took no action. September 7, 2004 Cupertino City Council Page 13 ADJOURNMENT At II :21 p.m. the meeting was adjourned. Gtl\£ìl(~~r Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the 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/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.