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CC 03-17-2014 (special) 1QJ CUPERTINO MINUTES CUPERTINO CITY COUNCIL Special Meeting Monday, March 17, 2014 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 3:10 p.m. Mayor Gilbert Wong called the City Council meeting to order 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 Orrin Mahoney. Absent: Council member Mark Santoro. ORAL COMMUNICATIONS - None ORDINANCES AND ACTION ITEMS 1. Subject: Senate Constitutional Amendmerit 5 (SCA-5) Recommended Action: Staff recommends that City Council provide direction on the City's position on proposed legislation Written communications for this item included: an amended staff report; emails from Janet Chin and Richard Dai; copy of article from The Sacramento Bee; copy of staff memo and joint press release from Senator Hernandez and Assembly Speaker Perez. Mayor Wong, reading from an article in The Sacramento Bee dated March 17, 2014, explained that at the request of Senator Ed Hernandez, Assembly Speaker John A. Perez has halted efforts to overturn California's Prop. 209 and sent the measure back to the State Senate without taking any action in the lower house. Monday, March 17, 2014 Cupertino City Council Mayor Wong reviewed the staff report and also noted a joint press release from Senator Hernandez and Assembly Speaker Perez, dated March 17, 2014 regarding the current status of SCA-5. Vice Mayor Sinks noted that the Cupertino Legislative Committee comprised of Mayor Wong and he discussed this issue after reaching out to legislators and concurred to bring a recommendation to City Council opposing SCA-5. Council member Chang asked City Attorney Carol Korade if he could vote on this issue since he had gone on record stating his opposition of SCA-5 and had been involved in asking people to come to speak on the issue. He noted he would listen to both sides but that his vote was clear. Korade responded that since this would be defined as a common law conflict of interest, Chang would need to determine whether he was able to listen to both sides and objectively vote after having already made certain statements. Mahoney moved and Sinks seconded to limit the speaker time to one minute and allow time at the end for follow-up questions from Council and deliberation after everyone has spoken. The motion carried with Chang voting no and Santoro absent. The following individuals spoke (or were represented by another speaker) in opposition of SCA-5. Chris Zhang Ying Liu Alex Li Tarun Galagali, on behalf of Ro Richard Dai, on behalf of Fair Khanna Education Alliance (FEA) Anuradha Singh Wei Liu Weiping Li Xin Ai Greg Caressi Fred Chao Hari Chardra Jack Sun Yunus Mohammad Bei Qin Dimitry Sean Yao Betty Gee Julia Zhao Olga Charles Liu Hao Wang Misty Zhang Rachael Wang Lu Cui Lin Zhang Ignatius Ding Cicie Chan Alice Zhang Ken Marquis Jr. Monday, March 17, 2014 Cupertino City Council Rishi Kumar Shuge Luo Mahesh Pakala Xinchuan Huang Yogi Chugh Jennifer Xu Sue Chen Qiao Sang Ming Zhou Xiaoping Wendy Hu Sipuan Zhang Rachel Wu Wanda Xiang Selina Chang Shaozhong Wang Helen Qian Michael Hunsweck Hannah Liu Feng Hu Huang Bing Qing Angela Wang Neelima Mane Mandy Luo Shuishey Liu Ping Luo Hiu Jia Louis Tseng Li Hsiu Lin Jackie Chen Suling Huang Jie Jean Wei Sally Xiao Adam Min Joyce Ye Jian Fei Dong Han Qiong Zheng Mahoney moved and Chang seconded to have staff write a letter on behalf of the City Council to Senator Ed Hernandez, Assembly Speaker John A. Perez, and any other appropriate people noting the following points: • Thanking them for taking the legislation off the table • Acknowledging the input of the 60+ citizens who all spoke against the legislation • Express concern about any similar future attempt to overturn the key elements of Prop. 209 • Encourage increased spending on higher education to allow more opportunity for all students The motion carried with Santoro absent. ADJOURNMENT At 4:50 p.m., Mayor Wong adjourned the meeting to Tuesday, March 18 beginning at 5:15 p.m. for a closed session regarding conference with Labor Negotiator (Government Code 54957.6, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA followed by discussion of regular business items beginning at 6:45 p.m. Monday, March 17, 2014 Cupertino City Council �0� 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.