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CC 12-17-2013CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, December 17, 2013 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Gilbert Wong called the City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CLOSED SESSION 1. Subj ct: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiating Parties: Public Works Director and Jee Sung Lee; Under Negotiation: Price and terms 2. Subject: Conference with Real Property Negotiator (Gov't Code Section 54956.8); Property: 21111 Stevens Creek Boulevard, Cupertino, CA 95014; Negotiating Parties: Parks and Recreation Director and AT &T;: Under Negotiation: Price and terms At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:54 p.m. Mayor Wong announced that for item number one, Council obtained a briefing, gave direction, and no action was taken. For item number two, Council obtained a briefing, gave direction, and no action was taken. PLEDGE OF ALLEGIANCE At 6:54 p.m. Mayor Gilbert Wong reconvened the City Council meeting in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. Tuesday, December 17, 2013 ROLL CALL Cupertino City Council Present: Mayor Gilbert Wong, Vice Mayor- Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation to Cupertino Librarian Nancy Howe recognizing her work for the Santa Clara County Library District Recommended Action: Present proclamation Mayor Wong presented the proclamation to Cupertino Librarian Nancy Howe. 4. Subject: Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship Recommended Action: Present proclamation Mayor Wong noted that this item was postponed to a later Council meeting. 5. Subject: Proclamation to the Toyokawa Sister City Committee Recommended Action: Present proclamation Mayor Wong noted that this item was postponed to a later Council meeting. 6. Subject: Presentation of Fine Arts Commission Annual Report Recommended Action: Accept the report Fine Arts Commission Chair Rajeswari Mahalingam gave a PowerPoint presentation highlighting: Commission background, 2013 public art projects, 2013 Distinguished and Emerging Artist projects, current and future Fine Arts Commission projects. Council accepted the report. POSTPONEMENTS ORAL COMMUNICATIONS Kennedy Middle School students Brian Lee, Ninaad Sridharan, and Sameer Kapur talked about their First Lego League (FLL) robotics league tournament. They highlighted this year's challenge which focused on finding earthquake victims by using Tuesday, December 17, 2013 Cupertino City Council a REXbox signal generator to send out signals to a REXeiver signal receiver application to locate the victims. Larry Tan asked to build a memorial monument commemorating the comfort women during World War II (WWII) whereby Asian women, called comfort women, were forced into prostitution. He said Memorial Park is a good place to establish a memorial monument since the park already commemorates past wars. Chris Zhang spoke on behalf of United .Asian Americans for Activism (AAAFA) speaking out against racism. He said the group supports building a monument in Cupertino to memorialize comfort women, women used as objects during WWII. Allen Ho, Chairman of Alliance for Preserving the Truth of Japanese -Sino War (APTSJW), said comfort women had a terrible history during the Japanese war and young women were forced to be prostitutes, and asked to build a memorial for them. David Tsang expressed support for the recommendation to build a memorial to comfort women. He said he witnessed Congressman Mike. Honda support the passage of United States House of Representatives House Resolution No. 121 to ask that the Japanese government acknowledge and apologize for comfort women. CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar with a correction to item number 8. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 7. Subject: Approve the November 19 City Council minutes Recommended Action: Approve the minutes 8. Subject: Approve the December 3 City Council minutes Recommended Action: Approve the minutes Vice Mayor Sinks said that Patrick Kwok should be noted as a former Santa Clara Valley Water District Board member. 9. Subject: Accept Accounts Payable for period ending November 8, 2013 Recommended Action: Adopt Resolution No. 13 -104 accepting Accounts Payable for period ending November 8, 201'3 Tuesday, December 17, 2013 Cupertino City Council 10. Subject: Accept Accounts Payable for period ending November 15, 2013 Recommended Action: Adopt Resolution No. 13 -105 accepting Accounts Payable for period ending November 15, 2013 11. Subject: Accept Accounts Payable for period ending November 27, 2013 Recommended Action: Adopt Resolution No. 13 -106 accepting Accounts Payable for period ending November 27, 2013 12. Subject: Declare weeds a nuisance and set hearing date of January 21 for objections to proposed removal Recommended Action: Adopt Resolution No. 13 -107 declaring weeds a nuisance and setting hearing date of January 21 for objections to proposed removal 13. Subject: First Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the Amendment to the Employment Contract for the City Attorney Written communications for this item included a redline version of the employment contract for the City Attorney. 14. Subject: Authorize a new position category for Public Works in the salary schedule of the Unrepresented Employees Compensation Program Recommended Action: Adopt Resolution No. 13 -108 amending the Unrepresented Employee Compensation Program adding new position category 15. Subject: Grant additional time or payouts to key staff members on the Apple Campus 2 project Recommended Action: Grant additional time or payouts to the City Manager and City Attorney; Authorize the City Manager to grant additional vacation hours or payouts to key staff on the Apple Campus 2 project 16. Subject: Alcoholic Beverage License for Shanghai Family Restaurant, 10877 N Wolfe Road Recommended Action: Approve Alcoholic Beverage License for Shanghai Family Restaurant 17. Subject: Alcoholic Beverage License for Extraordinary Soup & More, 20371 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License for Extraordinary Soup & More Tuesday, December 17, 2013 Cupertino City Council 18. Subject: Alcoholic Beverage License for Beijing Duck House, 10883 S. Blaney Avenue, Suite B Recommended Action: Approve Alcoholic Beverage License for Beijing Duck House SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 19. Subject: Council Committee assignments Recommended Action: Make assignments Written communications for this item included a handout noting the proposed 2014 Council committee assignments. Mahoney moved and Sinks seconded to make the Council Committee assignments as recommended with the following amendments: appointed Council member Chang as representative and Council member Mahoney as alternate on the Santa Clara County Expressway Plan 2040 Policy Advisory Board. The motion carried unanimously with Wong recusing himsElf from voting on the Stevens Creek Trail Joint Cities Working Team. REPORTS BY COUNCIL AND STAFF 20. Subject: Public Works Construction Project Updates Recommended Action: Present report Written communications for this item included a staff PowerPoint presentation. Director of Public Works Timm Borden presented the report and Council received the report. He noted the Mary Avenue Dog Park dedication ceremony is scheduled for February 8 at 11:00 a.m. City Manager David Brandt reminded everyone of the holiday closure of City Hall from December 24 to January 1. Council members highlighted the activities of their committees and various community events. Tuesday, December 17, 2013 Cupertino City Council ADJOURNMENT At 8:14 p.m., Mayor Wong adjourned the meeting. Note: The January 7 meeting has been cancelled. The next regular meeting will be January 21. 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.cul2ertino.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.