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CC 01-15-2013 Special „1.199. CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, January 15, 2013 CITY COUNCIL MEETING ROLL CALL At 5:05 p.m. Mayor Orrin Mahoney called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sink. Absent: none. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Government Code 54956.8); Property: 22100 Stevens Creek Boulevard Cupertino, CA 95014; APN 357-10-007; Negotiating Parties: City Manager and Director of Parks and Recreation; Under Negotiation: terms and conditions 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: OE3; CEA; Unrepresented; Appointed Group At 5:05 p.m. Council recessed to a closed session, and reconvened in open session at 6:45 p.m. Mayor Mahoney announced that for item number one Council obtained a briefing, gave direction, and no action was taken. For item number two Council obtained a briefing and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Orrin Mahoney reconvened the special City Council meeting and led the Pledge of Allegiance. Tuesday,January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sink. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS Paul Kalra explained that he is building a house and during the process for obtaining building permits, he was told that an electric pole was located on his property and he had to post a bond to move it. After posting the bond, it was discovered that the pole was located on an adjacent property and neither he nor the City could relocate the pole. He said this was unenforceable and asked for his deposit to be refunded. Mr. Kalra said that at first he was told he didn't have to relocate the pole and to modify his drawings, but was then told to pay half the cost of the relocation, which he refused to do. He was then told that the City would obtain an easement from the adjacent owner but that the owner was told he wouldn't have to pay anything to relocate the pole and would instead put the full burden on Mr. Kalra. Mr. Kalra said he had a meeting with Director of Public Works Timm Borden on December 13 and was told he would have to relocate the pole at his own expense. Mr. Kalra said this was unfair and contrary to the Municipal Code and that he would appeal this decision to the City Council. He said that the appeal was on the January 15 agenda, but was told via email by Director Borden on January 9 that the item had been removed from the agenda. He was told he could speak to Council under Oral Communications. He urged Council to hear his appeal. Mayor Mahoney responded that they couldn't take any action tonight. City Manager David Brandt said that he and staff would meet with Mr. Kalra to see if they could do something to make the situation better for him, and would follow-up with Council on that meeting. Mr. Kalra distributed information about this issue. Lee Shodiss asked Council for help in dealing with a flooding problem on his street (Elm Ct.) coming from Bubb Rd. He noted there were two instances in the last month and that the most recent incident totaled his vehicle and did other damage as well. City Manager Brandt responded that staff is looking into solutions to this issue. James Mac Hale said he also had some issues with flooding on Elm Ct. He said the issue has been raised before and water is coming not only from the storm drain system but Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency flowing from the surface streets. He explained that drainage out of Elm Ct. is fine and the issue is water coming into Elm Ct. that is the problem. Steve Wagner also spoke on the Elm Ct. flooding issue. He thanked the Mayor for talking with him and the neighbors and thanked Public Works for also responding. He noted that this is a long-standing problem and that the street floods once or twice every rainy season. Many cars have been damaged in the floods but they have been fortunate that the rains have stopped before causing flooding to homes so far. Sanjoy Das also talked about flooding on Elm Ct. He said his concern is that there are electrical boxes in the area and so far no one has gotten electrocuted, but could drown if that does happen. Mayor Mahoney and City Manager Brandt confirmed there would be a meeting the next week to discuss this issue. CONSENT CALENDAR Wong moved and Santoro seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 3. Subject: December 4, 2012 City Council minutes Recommended Action: Approve minutes 4. Subject: December 18, 2012 City Council minutes Recommended Action: Approve minutes 5. Subject: Accounts Payable for period ending December 14, 2012 Recommended Action: Adopt Resolution.No. 13-001 6. Subject: Accounts Payable for period ending December 21, 2012 Recommended Action: Adopt Resolution No. 13-002 7. Subject: Accounts Payable for period ending January 4, 2013 Recommended Action: Adopt Resolution No. 13-003 Tuesday,January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency 8. Subject: Approve reimbursement of up to $1,400 in travel expenses for travel to Copertino, Italy, by a City Council Member to attend an invited cultural event and renew a long-standing Sister City relationship Recommended Action: Approve travel expenses from the City Council budget line item 9. Subject: Accept resignation of Planning Commissioner Clinton Brownley effective January 23 Recommended Action: Accept the resignation, direct staff to post the vacancy and include the vacancy with the interviews already scheduled for January 29 10. Subject: Improvement Agreement, Roger C. Smith and Brenda Michelle Gaidies- Smith, 10139 Byrne Avenue, APN: 357-11-009 Recommended Action: Adopt Resolution No. 13-004 Description: Through the improvement agreement with the City, the applicants for a building permit for a residential development will be obligated to construct City- specified street improvements, including curb, gutter, sidewalk and driveway approach along the frontage of their building site SECOND READING OF ORDINANCES 11. Subject: Second reading of an ordinance prohibiting the feeding of waterfowl (namely, geese, ducks, and coots) in City parks and establishing a schedule of fines for such actions in violation of the proposed section of the Municipal Code Recommended Action: Conduct the second reading and enact Ordinance No. 12- 2101: "An Ordinance of the City Council of the City Of Cupertino adopting Section 13.04.130 P of the Cupertino Municipal Code prohibiting the feeding of waterfowl in City parks and amending Section 1.12.160 B to set a fine specifically for this code violation" City Clerk Grace Schmidt read the title of the ordinance. Council member Santoro said that he would be voting no because he didn't think that fining people would get rid of the problem. Wong moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Sinks and Wong. Noes: Santoro. Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Wong moved and Chang seconded to enact Ordinance No. 12-2101. Ayes: Chang, Mahoney, Sinks, and Wong. Noes: Santoro. PUBLIC HEARINGS 12. Subject: Approve the Architectural and Site Approval Application for the Marriot Residence hotel (Main Street) Recommended Action: Adopt Resolution No. 13-005 approving the proposed refinements to the previously approved Architectural and Site Approval (ASA-2011- 24) for the Marriot Residence hotel Description: Application No(s): ASA-2012-11; Applicant: Kevin Dare (500 Forbes, LLC); Location: SE corner of Vallco Parkway and Finch Avenue; APN: 316-20-079, 078-085; Architectural and Site approval for refinements to a previously approved hotel; Proposed refinements to the architecture details of the hotel are consistent with the September 4, 2012 Addendum to the 2009 Final Environmental Impact Report Written communications for this item included a staff PowerPoint presentation and a plan set. Director of Community Development Director Aarti Shrivastava introduced new Associate Planner Stephen Rose who reviewed the staff report via a PowerPoint presentation. Karen Ngo, representing the owner, said that they have worked with staff on this design and that the quality of the interior and exterior is high. She explained that they rearranged the lobby space and added more public function space with a wraparound patio and bar to encourage guests and the public to mingle, which would help to create vibrancy in the town square. She urged Council to approve the application. She noted that the architect, Henry Wong, was present in the audience to answer questions. Henry Wong and Leah Candell, liaison for the Marriott, clarified the use of one of the patio areas and the layout of the small market in the front desk area, noting that since the meeting space was larger than usual with what would have been retail, they created an open bar area to help attract more people. Mayor Mahoney opened the public hearing. Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Leslie Fowler said that more green space is needed In this development. She said that the landscaping is boring and has to use pesticides, herbicides, and water. She also noted that kids would like to have a place to play. Jennifer Griffin said that Main St. has been something many of the neighbors have been wanting for many years and she hopes it will be a high-quality project reflecting the high aspirations that the residents expect. Wong moved and Chang seconded to adopt Resolution No. 13-005 approving the architectural and site refinements (ASA-2012-11) for the Marriot Residence Inn hotel. The motion carried unanimously. 13. Subject: Annual renewal of bingo permits for St. Joseph of Cupertino Church and Cupertino Senior Center Coordinating Council Recommended Action: Conduct the public hearing and renew the permits City Clerk Grace Schmidt reviewed the staff report. Wong moved and Santoro seconded to renew the permits for St. Joseph of Cupertino Church and Cupertino Senior Center Coordinating Council. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 14. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 12-141 Recommended Action: Adopt Resolution No. 13-006 City Clerk Grace Schmidt reviewed the staff report. Wong moved and Chang seconded to adopt Resolution No. 12-141 ordering the abatement of weeds. The motion carried unanimously. Council recessed from 7:38 p.m. to 7:47 p.m. 15. Subject: Certification of the Regional Environmental Impact Report (EIR); Consideration of two Ordinances (the Proposed Bag Ordinance and the Proposed Litter Enforcement Ordinance); Direction Regarding the Environmental Review for a Draft Expanded Polystyrene (EPS) Ordinance; and discussion of other potential litter reduction alternatives Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Recommended Action: A. Adopt Resolution No. 13-007 certifying the Final Program Environmental Impact Report and adopting associated California Environmental Quality Act (CEQA) Findings of Fact for the City of Cupertino's Reusable Bag Ordinance; B. Conduct the first reading of Ordinance No. 13-2102: "An Ordinance of the City Council of the City of Cupertino adding Chapter 9.17 to the Cupertino Municipal Code regarding regulation of single-use carryout bags"; C. Conduct the first reading of Ordinance No. 13-2103: "An Ordinance of The City Council Of The City Of Cupertino amending Chapter 9.18 (Stormwater Pollution Prevention And Watershed Protection) of The Cupertino Municipal Code to address litter management and anti-litter enforcement in conjunction with the City's stormwater permit"; D. Direct staff to hire a consultant to conduct the necessary CEQA review for an Expanded Polystyrene (EPS) foam foodware ban at restaurants Written communications for this item included emails from the public expressing both support and opposition for this item. Director of Public Works Timm Borden reviewed the staff report. He introduced Dean Peterson, Director of San Mateo County's Environmental Health Department; Bruce Wolf, Executive Director of the San Francisco Bay Regional Water Quality Control Board; and Mark Bowers, Program Manager of the Solid Waste Program for the City of Sunnyvale and said they were available to answer any questions. Dean Peterson said that the results of the EIR showed areas where a bag ban would have a beneficial impact. He also said that the ordinance was similar to San Mateo County and that Council should have the City Attorney review any changes including record keeping. Bruce Wolf said that he supports the staff recommended actions. He said that cities have had requirements to complete since 1991, with goals of 40% reduction of trash in 2014, 70% reduction in 2017 and 100% reduction in 2022. He also said that the ordinance makes sense from a compliance and cost perspective and that it is an appropriate mix of actions that help reduce trash. He said that 100% reduction is a challenge, but that the City needs to start taking a serious look now in order to move forward. He also said that the Board has agreed with a request from cities to be allowed to include standards that are specific to each city rather than a State standard. Jim Griffith, Vice Mayor of Sunnyvale and Chair of the Waste Commission, recommended that Council pass the ordinance. He said that Sunnyvale's ordinance Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency differentiates between large and small retailers and that the language involving smaller bags for meat was more general than specific because there is a difference between a small bag for a greeting card and a small bag for meat due to health issues. He also suggested that the ordinance not allow people to purchase plastic bags since the goal is to reduce the use of plastic bags in the environment. Don Williams, member of the Stop the Bag Ban Citizens Group, said that he and his group oppose the ban on plastic bags because it is a bad law which does nothing more than control behavior. He said that litter is the real issue and that the City should do more to enforce litter control rather than pass an ordinance that is illogical and unfair. He questioned the reason for exempting newspapers and non-profits and also said that he would start a petition to bring the issue before voters if Council passes the ordinance. Miriam Gordon, California Director of Clean Water Action, urged Council to certify the EIR and pass the ordinance. She also urged Council to pass an ordinance banning foam as well. She said that reusable bags are a good option and that purchasing bags encourages people to bring their own. Rachel Poyer from Homestead High School AP Environmental Science said she supports the ban on plastic bags. She also said that expanded polystyrene is also very harmful to the environment because it is not biodegradable and that it is mistaken as food by jellyfish and squid. She said that plastic bags are not needed and just end up in the landfills, become airborne, and end up in lakes and rivers which creates a constant need for cleanup. Sarah Lessing from Homestead High School AP Environmental Science said she supports the ordinance. She said there are many alternatives to plastic bags and that it is a small price to pay to reduce the need for all cleanup work and spending taxpayers' money for those cleanups. Tina Morrill, San Jose resident, said that the ban in her city has helped. She said she doesn't see bags in the trees and streets anymore and that using her own bags is easy. She encouraged Council to pass the ordinance and said she would also support a ban on expanded polystyrene and replacing it with earth friendly containers. Simran Devidasani, Mihir Patil, and William Zhang, Student Council members at Monta Vista High School, said they support the ban. They said it is a simple Tuesday,January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency measure to clean up the environment and that the arguments that it will harm businesses don't hold up because surrounding cities are also passing similar laws. They urged Council to pass the ordinance. Pooja Baxi, sophomore at Monta Vista High School and intern at Mont Vista Sierra Club regional and local level, said she supports the bag ban and sees it as an opportunity to create awareness about litter reduction strategies. She said that 10 other cities have already approved it so why should Cupertino be any different. Mimi Sanicola, Zero Waste Outreach intern for the Sierra Club and Environmental Science intern for Santa Clara University, said she supports the ban of plastic bags. She said plastic bags end up on the streets and waterways and cumulate toxins. She said that a year after San Jose's ban, it was found that litter was reduced by 59%. She said the ban is inconvenient, but has positive qualities. Randy Hylkema, resident of Cupertino, said he opposes the ban. He said that his main objection is that the City is following San Mateo's EIR. He also said that there is small evidence of a public health issue and that everything one buys has an environmental impact. He said that there should be a purpose that is evident in Cupertino and that the City should include that purpose in its own EIR. Carle Hylkema, resident of Cupertino, said she monitors Stevens Creek four times a week and has found only minimal debris and only one plastic bag. She said the litter ordinance should be enforced rather than passing a plastic bag ban. She also said that all bags should be banned other than paper because paper is biodegradable. She urged Council to do more to educate the public about litter and the environment and that Cupertino is different than San Mateo and should have its own EIR. She urged Council to reject the ordinance. Kevin McClelland, Cupertino Chamber of Commerce, said that they received information about the ordinance just last week and requested a delay on the vote so they could meet with businesses. He said the Water Board eliminated the point system and that they would like to review and determine if the 40% reduction can be met through the ordinance. He also requested that consumers not be charged for reusable bags. He urged Council to delay its vote. Jennifer Griffin said that she thinks the litter ordinance is excellent, but doesn't feel it's a good time to ban bags at this time. She said that San Jose has severe problems with its ban and that there is the potential for shoplifting with people bringing their Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency own bags into the store. She also feels the ban would be difficult for seniors, low income, and disabled people and they should be given whatever bag they want. Shirley Lin Kinoshita, speaking on behalf of Larry Latshaw from the Sierra Club, said she supports the ban and urged Council to go forward with the litter ordinance. Leslie Fowler urged Council to approve the ban on plastic bags and incorporate the ban on expanded polystyrene. She said that plastic bags just get smaller in size and oil is used in their production. She said she would support a requirement for businesses such as dry cleaners to use biodegradable technology and does not see a reason why dry cleaners should be exempt. She also said she thinks that $.10 is a reasonable price to pay. Joseph Sze, resident of San Jose, said he opposed the ban. He said it is not user friendly and that San Jose has a lot of problems with their ban. He also said that there has been more theft and stores need more security since the ban was passed in San Jose. He said he also feels that banning the thin plastic bags will not reduce litter because people will use the larger thicker bags and litter will actually increase. Ann Pflager said the inlet screens were problematic because one or two bags against the screens might cause a blockage and flood the street. She said she is concerned with the effects of the production and disposal of products like plastic bags and Styrofoam have on the earth, the destruction of the environment, and wildlife, and asked to consider alternatives like reusable bags. Phil Pflager requested Council pass the bag ban and Styrofoam ban because these products cause pollution and damage to the earth and waterways. He said we have to share the earth with the animals and protect them and a ban would not be as inconvenient as people might think. Diane Gleason said she supports the single-use bag and poly-plastic styrene ban and considers it a regional issue. She said there should not only be a charge on paper bags but on reusable bags as well. She noted that she has been using reusable bags for decades and has no issue with them. She said that people should buy bags for dog waste and litter reduction. Mark Bowers, City of Sunnyvale Solid Waste Program Manager, said he was there to answer questions and share his experience at a staff level regarding Sunnyvale's bag ordinance, EPS draft, phase one for large retail stores, and phase two for the rest of Tuesday,January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency the stores. He said he spoke to people after phase two started and noted that single- use plastic bags are contributing to the waste process, adding that those types of bags blow around easier leading to waste issues. Newspaper bags and trash bag liners don't blow in that fashion. He said that the definition of the reusable bag is the thorny part of this issue and whether or not to charge for them. Ajay Rajamani, Monta Vista High School Senior and cross country team member said he runs 4-6 times a week at Fremont Older and along the train tracks and supports the litter law, bag ban, and EPS ban. He added that there is no garbage collection where he runs and people dump trash that ends up in the creeks which stops the creek flow. He said he has been educating younger people to not litter and a law would be an incentive to stop people from littering and raise property values. John Cordes, Vice-Chair of Loma Prieta Sierra Club and representing San Mateo Santa Clara, and San Bernardino counties, said he supports all three issues. He asked to consider banning the sale of any polystyrene food package at any retail store and noted that paper bags have to be post-consumer recycled to a certain percentage on content. Allison Chan, on behalf of Save the Bay, said they are making progress of their goal of banning plastic bags from San Jose to San Francisco, and the San Mateo County ordinance has a total vote of 50-2 among all of the cities that have voted on it. She asked to move forward on San Mateo County's ordinance. She said San Jose is moving forward with EPS by bringing the issue back to their council in February and the Los Angeles bag ban has impacted the businesses in a positive way by reducing litter. She added that there are some trash hotspots along Stevens Creek. Nathan Weaver, Environment California Oceans Advocate, spoke in support of the plastic bag ban and EPS on behalf of the members. He read a letter on behalf of a colleague at Californians Against Waste. He said plastic bags and polystyrene are a significant source of ocean pollution, a threat to wildlife, and a problem for sea turtle, whales, and other creatures. He added that the bans work to address these problems and a certain percentage of the garbage flowing out to sea is plastic bags, and 80-90% of that is plastic which never degrades. Ned Britt said he was opposed to the plastic bag ban and that EPS pieces are not the same as plastic bags. He also noted that neither plastic nor paper bags are single use but can be used for dog waste, trash liners, covering books, covering mail items, and to bag up other trash. He said that having a healthy prosperous business community Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency is the best thing for the environment, and counting the number of bags and putting price controls in place might have effect on businesses in Cupertino. Rusty Britt said that tests show using reusable bags can cause health risks and create germs like bacteria, mold, and yeast. She said Cupertino needs to be more business friendly. She noted that businesses do not like the ban, have increased security concerns, and it's quicker to use their own bags rather than what people bring in. She asked Council make shopping more convenient by providing bags to customers. Brad Hunt from the Central Coast Restaurant Alliance said that a patchwork of bans have been put in place in different cities and counties and it can be confusing to consumers as they pass through cities to know if a ban is in place or not. He said that the San Mateo approach is good because it allows cities to pass a consistent ban. He reminded Council that the California Grocers Association approves this regional approach and want consumers to bring their own bags. He noted that he has used his own bags for years and has never had issues with sickness or with using more water for washing them. Laura Kasa, Executive Director of Save our Shores, explained how well the bag ban was working in Santa Cruz. She said that before the ban, only 10% of consumers brought their own bags and after the ban 80% brought their own bag or didn't use a bag at all. She noted that people liked the free reusable bags that were given out and stores had no issue with the $.10 charge on the paper bags. She also said that they had no issue with the EPS ban which showed a 50% decrease in litter. Matangi Rajamani said she is a Block Leader and goes on lots of walks around the neighborhood picking up trash. She noted that she switched to reusable bags a couple of years ago and said she supports the ban on plastic bags and EPS. • Harvey Checkman urged Council to go slow on this issue. He said that the downstream waste disturbs him the most and that after 9 years, no one will be able to even put a gum wrapper in the garbage because it can't get downstream. He urged Council to look at a total solution and not just a 40% solution to receive some credits. He said is also concerned about getting the retail going again and that a bag ban might push people to begin shopping more online which causes other issues with all of the cardboard and packaging. He said that the most concern is with beverage can plastic rings since those are proven to harm wildlife. Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Cherryl Lum said that she wondered how much of an effect a plastic bag ban would have on meeting the State's requirements to reduce litter and that adopting an ordinance just to save money isn't a good enough reason. She also wondered what would be the reason for a $0.10 charge for paper bags. If it's to help the merchandiser pay for the bags, then why didn't consumers need to buy them before? She said that the bag cost should be incorporated into the cost of doing business and that she doesn't believe the cost of merchandise would be less by charging for bags. Adam Turrey Zero Waste intern at the City of San Jose said he is in favor of Cupertino passing a similar ban as in San Jose. He said that residents complained before the ban went into place, but because San Jose was affective in its outreach, complaints declined after the ban went into effect. He also noted that plastic bags aren't actually free now, but are incorporated in the cost of the groceries. Rachael Gibson from the Santa Clara County Water District Government Relations said that the Board supports efforts such as this and the Board Chair sent a letter to Council already offering support for the ban. Cynthia Palacio from the City of Mountain View said that her city adopted the bag ban ordinance last month and it became effective in April of this year on Earth Day. She explained that they did a "bring your own bag" campaign and plastic bags disappeared, but when they stopped educating, they came back. She said the city adopted San Mateo's model ordinance and noted that record keeping is very simple by putting it on the customer's receipt using a code. She explained that the intent of charging a minimum of $0.10 is to urge customer awareness of using own bags. She urged Council to ensure consistency in regulations in a broad geographic area by supporting the ban. Naren Patil said that he supports the plastic bag ban and noted that San Francisco spends $8.5 million a year to clean up plastic bags. He noted that the amount of taxpayer dollars is higher to cleanup bags than to support a ban. He urged Council to leave in the "health and welfare" language from the ordinance. Jason Lundgaard from Apple urged Council to not impose a fee on reusable bags in the ordinance and to look at the success of Sunnyvale and San Jose who do not charge a fee in their ordinance. He noted that the goal is to get people to use reusable bags and it would be contrary to charge for reusable bags, especially if the City would be distributing free reusable bags as part of its effort. Tuesday, January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Wong moved and Chang seconded to adopt Resolution No. 13-007 certifying the Final Program Environmental Impact Report and adopting associated California Environmental Quality Act (CEQA) Findings of Fact for the City of Cupertino's Reusable Bag Ordinance. The motion carried unanimously. City Clerk Grace Schmidt read the title of Ordinance No. 13-2102 adding Chapter 9.17 to the Cupertino Municipal Code including the following changes: charge $0.10 for paper bags with cost not to increase; allow reusable plastic bags that are at least a thickness of 2.25 mils; reusable bags may be given by retailer without charge; remove requirement for record keeping. Wong moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. City Clerk Grace Schmidt read the title of Ordinance No. 13-2103 amending Chapter 9.18 of the Cupertino Municipal Code to address litter management and anti-litter enforcement in conjunction with the City's stormwater permit. Wong moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks and Wong. Noes: None. Wong moved and Santoro seconded to direct staff to do CEQA review for EPS. The motion carried unanimously. 16. Subject: Council assignments for local and regional organizations and agencies Recommended Action: Select assignments Council concurred to make the assignments as noted in the handout. REPORTS BY COUNCIL AND STAFF City Manager David Brandt mentioned that the Santa Clara County Cities Association has an opening on the Bay Area Air Quality Management District Board. Council member Sinks said that the Association would be appointing someone to this seat at their next meeting and he would appreciate any support from Council or the public to help being appointed. Tuesday,January 15, 2013 Cupertino City Council Successor to the Redevelopment Agency Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:45 p.m. the meeting was adjourned to Monday, January 28 at 5:00 p.m. for commission interviews, Cupertino City Hall, 10300 Torre Avenue, Conference Room A. (e/li 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.