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CC 01-04-11 SpecialCUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 4, 2011 ROLL CALL At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. UNFINISHED BUSINESS 1. Subject: Coffee Society Lease (Continued from Dec 21) Recommended Action: Authorize the City Manager to execute a three year lease with the Coffee Society Discussion: Public Works Director Timm Borden explained that the contract for the Coffee Society is a lease that incorporated all of the deal points approved by City Council in closed session. There were some corrections to be made to reconcile dates in the document with the three -year term of the lease, and the final agreement came in late, so Council member Wang asked for a deferral to this meeting. Council member Barry Chang said that he planned to vote no on this item because of objections to the RFP process. He said that he had gotten the impression that the staff had talked L'Epi D'Or out of submitting a proposal. Council member Mahoney said that the information that L'Epi D'Or had missed their opportunity to submit a proposal was not new information, and the Council already had received a contract signed by the owner of the Coffee Society, so he was in favor of proceeding with the Coffee Society contract. Council member Wang said she was troubled by the apparent miscommunications between staff and L'Epi D'Or. Santoro said it was his understanding that L'Epi D'Or was notified about the Request for Proposal, and either misunderstood or chose not to send in a proposal within the deadline. January 4, 2011 Cupertino City Council Special Meeting Page 2 City Architect Terry Green gave a detailed explanation of the course of events. He noted that he and a coworker met with Judy Lee on Nov. 29, and discovered that the emails staff had sent went to her high - school -aged son, because she did not have her own email. The Lees were aware that the email had arrived at some point but it may have been deleted. Mr. Green explained that staff was under the impression that the emails were going to her husband .Johnny Lee for a response. Mr. Greene said that Mrs. Lee was still interested in leasing the space if available, but understood that she missed the opportunity to submit a bid by the deadline, so staff encouraged her to apply again when the current lease was up. Mr. Green noted that the original RFP was advertised in the World Journal for a week, in the San Jose Mercury News for three days, in the Cupertino Courier for one publication, and it was also included in the Cupertino Scene and the City of Cupertino website. Council Member Wang said that there had been many closed session discussions, and staff was directed to talk to Mrs. Lee about the RFP opportunity. She said that either L'Epi D'Or or the Coffee Society would be a good tenant, but the process had been a problem. Mayor Wong said he also had concerns about the process, and wanted to reject the current bid and reopen the RFP to everyone. Action: Council member Barry Chang moved to reject the lease with Coffee Society and re- open the Request for Proposals. Council member Kris Wang seconded, and the motion carried 3 -2, with Council members Santoro and Mahoney voting no. Vice Mayor Mark Santoro said he was voting no because the person in question received the original notice and it had been advertised innumerous locations. Mr. Santoro said that if the City Council members felt that that staff's actions were inappropriate, then an investigation would be in order, but it should not appear that Council is favoring a particular vendor. ADJOURNMENT At 7:02 p.m., the meeting was adjourned. Kimberly Smith, Ci y�lerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Cleric'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.