101-A - Draft Minutes.pdfAmended on January 30
to add item no. 1A
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
Tuesday, February 4, 2014
CITY COUNCIL MEETING
ROLL CALL
At 5:56 p.m. Mayor Gilbert Wong called the City Council meeting to order in the City
Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA.
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry
Chang, and Mark Santoro. Absent: Orrin Mahoney.
CLOSED SESSION
Written Communications for this item included a handout from Mary Robertson with
information regarding the Santa Clara Valley Transportation Authority’s (VTA’s) State
Route (SR) 85 Express Lanes Project.
The following individuals spoke under this item:
Mary Robertson said that VTA’s project description and the Highway Constrained
Project List talked about converting but not adding more High Occupancy Toll (HOT)
lanes and she had concerns with the proposed negative declaration and adequate public
notice. She added that there was no formal presentation from the VTA or Caltrans and
asked Council to ask for an Environmental Impact Report (EIR).
Donna Poppenhagen said she was concerned about lights shining into backyards and
noise levels in the corridor, the mitigation of traffic near schools and on SR 85, and she
asked Council to ask for an EIR.
John Chen said he had concerns about air quality due to the increased congestion and
said that the HOT lanes will postpone the problem but it will come back. He also said
that he supports a south/north extension verses a north/south extension.
Tuesday, February 4, 2014 Cupertino City Council
1A. Subject: Conference with Legal Counsel – Initiation of litigation pursuant to
subdivision (c) of Section 54956.9: One Case
At 5:56 p.m. Council recessed to a closed session, and reconvened in open session at
6:54 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino,
CA. Mayor Wong announced that Council met in closed session, obtained a briefing
from legal counsel and gave direction.
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.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry
Chang, and Mark Santoro. Absent: Orrin Mahoney.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation recognizing the Cupertino Library Foundationʹs 20th
Anniversary
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to the Cupertino Library Foundation
members, Eno Schmidt and Donna Austin.
2. Subject: Presentation from the Silicon Valley Leadership Group recognizing the City
of Cupertinoʹs participation in the 1st Annual Red Tape to Red Carpet Awards
Recommended Action: Receive presentation
Silicon Valley Leadership Group Energy Leader Tim McCray presented a certificate
of achievement plaque to Mayor Wong awarding the City in the category of
Business Retention and Expansion. Council received the presentation.
3. Subject: Parks & Recreation Commission annual update
Recommended Action: Receive update
Written Communications for this item included a PowerPoint presentation.
Tuesday, February 4, 2014 Cupertino City Council
Parks and Recreation Commission Chair David Fung, Vice Chair Darcy Paul, and
Commissioners Geoff Paulsen, Neesha Tambe, and Judy Wilson reviewed the Work
Plan for Fiscal Year 2013‐14 via a PowerPoint presentation highlighting the
Commission charter, process, notable items for 2013‐2014, activities since July 2013,
and upcoming activities. Council received the update.
POSTPONEMENTS ‐ None
ORAL COMMUNICATIONS ‐ None
Tim Widman, Cupertino Chamber of Commerce Board Member and Legislative Action
Committee Vice President thanked the City for partnering with them on the Social
Media workshop on January 24, the State of City Address and General Plan
Amendment Chamber exercise on January 29. He invited Council to the upcoming
Lunar New Year luncheon at Dynasty Restaurant on February 14, the STAR awards at
the Cypress Hotel on March 22, and the Taste of Cupertino at Vallco on April 12.
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar. Sinks
noted that he would recuse himself from voting on item number 9. Ayes: Chang,
Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: Mahoney. Recuse: Sinks
recused on item number 9.
4. Subject: Approve the January 21 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve the January 27 City Council minutes
Recommended Action: Approve the minutes
6. Subject: Accept Accounts Payable for period ending November 22, 2013
Recommended Action: Adopt Resolution No. 14‐115 accepting Accounts Payable
for period ending November 22, 2013
7. Subject: Accept Accounts Payable for period ending January 10, 2014
Recommended Action: Adopt Resolution No. 14‐116 accepting Accounts Payable
for period ending January 10, 2014
Tuesday, February 4, 2014 Cupertino City Council
8. Subject: Confirmation of Planning Commission representative to the Environmental
Review Committee (ERC)
Recommended Action: Appoint Planning Commission representative to the
Environmental Review Committee
9. Subject: Professional Plan Check Services for the Apple Campus 2 parking garage
project
Recommended Action: Authorize the City Manager to execute a Professional
Services Agreement with 4Leaf, Inc. to provide plan check services for the Apple
Campus 2 main parking garage in the amount of $374,744
Council member Sinks recused himself from voting on this item.
SECOND READING OF ORDINANCES
10. Subject: Second reading of the Expanded Polystyrene (EPS) Foam Food Service
Ware Ordinance
Recommended Action: Conduct the second reading and enact 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 vendorsʺ
Director of Public Works Timm Borden reviewed the staff report.
Chang moved and Santoro seconded to read Ordinance No. 14‐2116 by title only
and that the City Clerk’s reading would constitute the second reading thereof. Ayes:
Chang, Santoro, and Wong. Noes: None. Abstain: None. Absent: Mahoney.
Chang moved and Santoro seconded to enact Ordinance No. 14‐2116. Ayes: Chang,
Santoro, and Wong. Noes: None. Abstain: None. Absent: Mahoney.
PUBLIC HEARINGS – None
ORDINANCES AND ACTION ITEMS – None
REPORTS BY COUNCIL AND STAFF
11. Subject: Public Works Construction Project Updates
Recommended Action: Present Construction Project Update Report
Tuesday, February 4, 2014 Cupertino City Council
Director of Public Works Timm Borden reviewed the construction project via a
PowerPoint presentation. Council received the report.
City Manager David Brandt said that the Santa Clara County Superior Court is
recruiting volunteers to serve on the Civil Grand Jury. Information is available from
the Superior Court website at www.scscourt.org.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 7:39 p.m., Mayor Wong adjourned the meeting.
_______________________________
Kirsten Squarcia, Deputy 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.