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CC 02-04-2014 (special)CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, February 4, 2014 CITY COUNCIL MEETING ROLL CALL Amended on January 30 to add item no. 1A 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 Mzdioney. 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 MAioney. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing t.ne Cupertino Library Foundation's 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 Cupertino's 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 Ciiy 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 Apri112. 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 vendors" 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, Sinks, and Wong. Noes: None. Abstain: None. Absent: Mahoney. Chang moved and Santoro seconded to enact Ordinance No. 14 -2116. Ayes: Chang, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: Mahoney. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS - None Tuesday, February 4, 2014 Cupertino City Council REPORTS BY COUNCIL AND STAFF 11. Subject: Public Works Construction ProjEx:t Updates Recommended Action: Present Construction Project Update Report 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.scscourtorg. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 7:39 p.m., Mayor Wong adjourned the meeting. o 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.cul2ertino.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 1/Vebcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.