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CC 08-04-2015CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, August 4, 2015 REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang, and Council members Darcy Paul, and Savita Vaidhyanathan. Absent: Gilbert Wong. CEREMONIAL MATTERS AND PRESENTATION 1. Subject: a. Presentation from Midpeninsula Regional Open Space District Board member Yoriko Kishimoto regarding Midpen's Open Space Vision Plan; and b. Present proclamation to Midpeninsula Open Space District Recommended Action: Receive presentation and present proclamation Written communications for this item included a PowerPoint presentation and Vision Plan Summary brochures. Ward 2 District Director Yoriko Kishimoto and District General Manager Steve Abhors from MidPeninsula Regional Open Space District made a presentation regarding MidPen' s Open Space Vision Plan via a Power Point presentation. Council received the presentation. Mayor Sinks presented a proclamation to the MidPeninsula Open Space District. POSTPONEMENTS -None ORAL COMMUNICATIONS -None City Council Minutes August 41 2015 CONSENT CALENDAR Sinks moved and Chang seconded to approve the items on the Consent Calendar as presented with the exception of item numbers 8-11 which were pulled for discussion. A yes: Sinks1 Chang1 Paut and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong. 2. Subject: Approve the June 30 City Council minutes Recommended Action: Approve the minutes 3. Subject: Approve the July 7 City Council minutes Recommended Action: Approve the minutes 4. Subject: Accept Accounts Payable for the period ending June 121 2015. Recommended Action: Adopt Resolution No. 15-062 accepting Accounts Payable for the period ending June 121 2015. 5. Subject: Accept Accounts Payable for the period ending June 191 2015 Recommended Action: Adopt Resolution No. 15-063 accepting Accounts Payable for the period ending June 191 2015 6. Subject: Accept Accounts Payable for the period ending June 26 1 2015 Recommended Action: Adopt Resolution No. 15-064 accepting Accounts Payable for the period ending June 26 1 2015 7. Subject: Accept Accounts Payable for the period ending July 21 2015 Recommended Action: Adopt Resolution No. 15-065 accepting Accounts Payable for the period ending July 21 2015 8. Subject: A resolution supporting the "No Traffick Ahead11 Campaign taking a stand against human trafficking in the Bay Area Recommended Action: Adopt Resolution No. 15-066 supporting the "No Traffick Ahead11 Campaign taking a stand against human trafficking in the Bay Area before the 2016 Super Bowl and beyond Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 15-066 supporting the "No Traffick Ahead11 Campaign taking a stand against human trafficking in the Bay Area before the 2016 Super Bowl and beyond. The motion carried with Wong absent. 2 City Council Minutes August 4, 2015 Mayor Sinks recused himself from voting on item numbers 9 and 10 and left the dais. Vice Mayor Chang took over as Chair. 9. Subject: Amendment #1 to the professional services contract with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project Recommended Action: 1. Authorize the City Manager to execute Amendment #1 with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project and adding $95,000 to the original contract of $374,744, for a total amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant Staff answered questions from Council. Paul moved and Vaidhyanathan seconded to 1. Authorize the City Manager to execute Amendment #1 with 4Leaf, Inc., for plan review services for the Apple Campus 2 parking garage project and adding $95,000 to the original contract of $374,744, for a total amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. The motion carried with Sinks recusing and Wong absent. 10. Subject: Professional services agreement with 4Leaf, Inc., for building inspection services for the Apple Campus 2 Phase 2 project Recommended Action: 1. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc., to provide building inspection services for the Apple Campus 2 Phase 2 project in the amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant Staff answered questions from Council. Paul moved and Vaidhyanathan seconded to 1. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc., to provide building inspection services for the Apple Campus 2 Phase 2 project in the amount not to exceed $469,744 and; 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. The motion carried with Sinks recusing and Wong absent. Mayor Sinks returned to the dais. 3 City Council Minutes August 4, 2015 11. Subject: Amendment to the professional services contract with 4Leaf, Inc., for plan review services for the Main Street project Recommended Action: 1. Authorize the City Manager to execute Amendment #2 with 4Leaf, Inc. for plan review services for the Main Street project, extending the date of the contract to June 30, 2016; and 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant Staff answered questions from Council. Vaidhyanathan moved and Chang seconded to 1. Authorize the City Manager to execute Amendment #2 with 4Leaf, Inc. for plan review services for the Main Street project, extending the date of the contract to June 30, 2016; and 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant. The motion carried with Wong absent. 12. Subject: Application for Alcoholic Beverage License for Mod Pizza, 10815 North Wolfe Road, Suite 106 Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Mod Pizza, 10815 North Wolfe Road, Suite 106 13. Subject: Application for Alcoholic Beverage License for 1000 Degrees Pizzeria, 20674 Homestead Road Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for 1000 Degrees Pizzeria, 20674 Homestead Road 14. Subject: Application for Alcoholic Beverage License for Rubio's Fresh Mexican Grill, 20688 Stevens Creek Boulevard Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Rubio's Fresh Mexican Grill, 20688 Stevens Creek Boulevard SECOND READING OF ORDINANCES 15. Subject: An ordinance amending Title 2 of the Cupertino Municipal Code to add Chapter 2.94 establishing the Sustainability Commission. Recommended Action: Conduct the second reading and enact Ordinance No. 15-2132: "An Ordinance of the City Council of the City of Cupertino amending Title 2 of the 4 City Council Minutes August 41 2015 Cupertino Municipal Code to Add Chapter 2.94 establishing the Sustainability Cornrnission.11 Staff answered questions from Council. City Clerk Grace Schmidt read the title of the ordinance. Paul moved and Chang seconded to read Ordinance No. 15-2132 by title only and that the City Clerk1 s reading would constitute the second reading thereof. Ayes: Sinks1 Chang1 Paul1 and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong. Paul moved and Chang seconded to enact Ordinance No. 15-2132. Ayes: Sinks1 Chang1 Paut and Vaidhyanathan. Noes: None. Abstain: None. Absent: Wong. PUBLIC HEARINGS-None ORDINANCES AND ACTION ITEMS 16. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 15-067 approving the assessment of fees on private parcels for the annual weed abatement program City Clerk Grace reviewed the staff report. County Weed Abatement Coordinator Moe Kum.re answered questions from Council. The following individuals spoke on this item: Siarnak Hasherni William Li Chang moved and Vaidhyanathan seconded to adopt Resolution No. 15-067 approving the assessment of fees on private parcels for the annual weed abatement program. The motion carried with Wong absent. REPORTS BY COUNCIL AND STAFF 17. Subject: Report on Committee assignments and general comments 5 City Council Minutes August 4, 2015 Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:25 p.m., Mayor Sinks adjourned the meeting to a Special Meeting Closed Session on Friday, August 7, 2015 beginning at 10:00 a.m., Cupertino City Hall Conference Room A. Note: The next regular meeting will be August 18. 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, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 6