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CC 01-21-2014 (special)Amended on January 16 to add Item No. 16A CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, January 21, 2014 CITY COUNCIL MEETING ROLL CALL At 5:30 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. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case. 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program At 5:30 p.m. Council recessed to a closed session, and reconvened in open session at 7:02 p.m. Mayor Wong announced that for item number one, Council obtained a briefing and gave direction. For item number two, Council obtained a briefing and gave direction. No action was taken. Tuesday, January 21, 2014 PLEDGE OF ALLEGIANCE Cupertino City Council At 7:02 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. ROLL CALL 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: Public Safety Commission annual update Recommended Action: Receive the update Written Communications for this item included a PowerPoint presentation. Public Safety Commission Chair Andy Huang gave an annual update on the commission via a PowerPoint presentation. Council received the update. POSTPONEMENTS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar. Sinks noted that he would recuse himself from voting on item number 10. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. Recuse: Sinks recused on item number 10. 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes 5. Subject: Accept Accounts Payable for period ending December 6, 2013 Recommended Action: Adopt Resolution No. 14 -109 accepting Accounts Payable for period ending December 6, 2013 Tuesday, January 21, 2014 Cupertino City Council 6. Subject: Accept Accounts Payable for period ending December 13, 2013 Recommended Action: Adopt Resolution No. 14 -110 accepting Accounts Payable for period ending December 13, 2013 7. Subject: Accept Accounts Payable for period ending December 26, 2013 Recommended Action: Adopt Resolution No. 14 -111 accepting Accounts Payable for period ending December 26, 2013 8. Subject: Accept the Annual Report for FY 2012 -13 Recommended Action: Accept the report 9. Subject: Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part -time employees Recommended Action: Adopt Resolution No. 14 -112 establishing new part -time classifications and increasing hourly rates for part -time employees 10. Subject: Professional Construction and Public Works Inspection Services for the Apple Campus 2 project Recommended Action: Staff recommends that City Council authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide construction and public works inspection services for the Apple Campus 2 project in the amount of $9,431,390 Council member Sinks recused himself from voting on this item. 11. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014 Recommended Action: Authorize the City Manager to execute a five -year lease agreement with the Coffee Society 12. Subject: Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge Recommended Action: Authorize the City Manager to execute the Cooperative Agreement between the City of Cupertino and the City of Los Altos on behalf of the City of Cupertino in substantially similar format to the attached draft agreement SECOND READING OF ORDINANCES - None PUBLIC HEARINGS — None Tuesday, January 21, 2014 Cupertino City Council ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 13 -107 Recommended Action: Note objections and adopt Resolution No. 14 -113 ordering abatement of a public nuisance (weeds) City Clerk Grace Schmidt reviewed the staff report. Mahoney moved and Sinks seconded to adopt Resolution No. 14 -113 ordering abatement of a public nuisance (weeds). The motion carried unanimously. 14. Subject: Long -Term Litter Reduction Plan for the City of Cupertino Recommended Action: Approve and direct staff to budget for implementation of the City's long -term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022 Written Communications for this item included a staff PowerPoint presentation. Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Mahoney moved and Chang seconded to approve and direct staff to budget for implementation of the City's long -term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022. The motion carried unanimously. 15. Subject: Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: 1) Adopt Resolution No. 14 -114 adopting the California Environmental Quality Act (CEQA) Negative Declaration; and 2) Conduct the first reading of Ordinance No. 14 -2116: "An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" Written Communications for this item included emails from Anne. Ng and Gary Latshaw, and a staff PowerPoint presentation. Tuesday, January 21, 2014 Cupertino City Council Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Samantha Meyer, Zero Waste Program Manager for Clean Water Action noted that polystyrene is bad for the environment because it pollutes waterways, is not easily recyclable, is dangerous to public health, and is expensive to clean up. She also noted that styrene which is used to make up polystyrene is a human carcinogen that can leak into fatty foods stored in a polystyrene container. She urged Council to support the ordinance. Jennifer Griffin urged Council to make sure passing this ordinance wouldn't compromise the restaurants and cafes in Cupertino. She asked if Target would still be able to sell Styrofoam coolers and asked if Styrofoam cups would still be available for purchase. Santoro moved and Chang seconded to adopt Resolution No. 14 -114 adopting the California. Environmental Quality Act (CEQA) Negative Declaration. The motion carried unanimously. Mahoney moved and Chang seconded to read Ordinance No. 14 -2116 by title only with the amendments noted below, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: None. 1. Remove reference to nonprofit organization and public agency sponsored program in 9.15.110b 2. Remove the $300,000 reference for financial hardship exemption in 9.15.120c 3. Add language to 9.15.120 exemptions regarding the ability for a business to apply for an exemption of 6 months if they have pre- existing EPS stock that was purchased in 2013 Council also directed staff to analyze if there is a need for any supplemental environmental review before the second reading regarding removing the reference to nonprofit and public agency sponsored programs. Council recessed from 8:30 p.m. to 8:40 p.m. Tuesday, January 21, 2014 Cupertino City Council 16. Subject: Stevens Creek Boulevard / Tantau Avenue and Stevens Creek Boulevard /Torre Avenue/Vista Drive traffic islands and turn restrictions Recommended Action: Approve staff recommendation to include in the proposed FY 2014/15 Capital Improvement Program the following measures: 1) Remove the traffic island at the Stevens Creek Blvd./Tantau Avenue intersection, including eliminating the southbound through movement prohibition, installing a gateway feature on Tantau Avenue, installing traffic circles at the Tantau Avenue /Loree Avenue and Judy Avenue /Loree Avenue intersections, and installing bulb -outs at the Stevens Creek Blvd. /Judy Avenue intersection; and 2) Retain the existing traffic island at the Stevens Creek Blvd. /Torre Avenue/Vista Drive intersection, install speed bumps along Vista Drive between Forest Avenue and Lazaneo Drive, and on Lazaneo Drive between Vista Drive and De Anza Blvd., and enhance the crosswalks at the Forest Avenue/Vista Drive intersection Written Communications for this item included emails from Carl Buck and Lisa Warren, and a staff PowerPoint presentation. Senior Traffic Engineer David Stillman reviewed the staff report via a PowerPoint presentation. The following individuals were in favor of retaining the island at Tantau: Zahra Pavlovic Eric Hersh Jennifer Griffin Esmail Carl Buck Deborah Landreth Rolf Meyer - support for retaining island at Vista Pat Allen - support for staff recommendation for Vista and Lazaneo and concern for people making illegal U -turn in parking lot; recommended putting sheriff deputy there to ticket people Tom Furey - supported maintaining Vista Island and adding speed mitigation measures and enhanced crosswalk around Lawson Yong Pong Shawn Kimball Their comments included: safety for kids walking to and from school; traffic and traffic accident concerns; Lorre Shopping Center traffic and parking issues; Rancho Tuesday, January 21, 2014 ADJOURNMENT Cupertino City Council At 12:37 a.m. on Wed, Jan 22, Mayor Wong adjourned the meeting to Monday, January 27 at 5:00 PM for commission interviews, City Hall Conference Room A, 10300 Torre Ave. Cupertino, CA. w 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.