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.