Loading...
HomeMy WebLinkAboutCity Council - July 2017 - Dec 2017CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF CANCELLATION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, July 18, 2017 was cancelled due to a lack of business and there will be a lack of quorum. The next regular meeting will be Tuesday, August 01, 2017 begirmiizg at 6:45 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Dated this 121" day of July, 2017 Kirsten Squarcia Deputy City Clerk STATE OF CALIFC11NIA i )SS. CCUi'TY CFI SAN"iA CLABIA AN Ei.i}:i O'i✓ CIF Ti::L i"1 Y OF CI1P�PF N0 D�rA4.T= �•1! '° �'T.Ajj' _ . , ..._,2 t �I I ALTY OF pE7" i`�' ZY THAT ON t)�iE) �('�-�L�_ POSTIED THE 1;:_• ; , _ :_ L. :'� Ol�r "t 1E BIJLLETIN �j CITY HALL. CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO CITY COUNCIL NOTICE OF ADJOURNMENT OF THE JULY 18, 2017 MEETING NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino City Council scheduled for Tuesday, July 18, 2017 was adjourned to Tuesday, August 01, 2017 at 6:45 p.m. for the purpose of conducting business, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Dated this 18th day of July, 2017 Kirsten Squarcia Deputy City Clerk STATE OF CALIFOP,NTIA COUNTY OF ANTA CLAiz k SS. I l l�s�j y ) , AN EMP OYEE OF THE " YY OF l_ UFI T 7 '1 .�0 C--( D ir:lt I= >41I✓NT, STATE U l` T P i� A�I'Yf F PERJURY THAT ON (1),NFE) � � $ l / POSTED THE N0TICE,,ACTET+:1 }A ON T 1E BULLETIN BOAI' D AT CITY K%iL.L. DATE SIGN' ZE S , F,�,T E OF CALIFC T ­1A CUPERTINO AGENDA OF THE C1 )SS. 00 t_J_;'-4T Y (J F SAN'fA CLA - SC C. et O_C� AN 4 g0j:V1 TI-IrCl TV OF CUPi,P.TINO vl DEPART - STATE LiiPENALTY EIN ALT Y OF FE1,_,i_URY THAT ON (DATE) ' t f, � -1 E) K S40 N �AL LY POSTED THE NOTIC-E/AGENDA ON THE BULLETIN A 130,,�,D AT CITY HALL. kw_t! NCIL Tuesday, August 1, 2017 Non -televised Special Meeting Closed Session (5:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember Councilmember Randolph Hom Grace Schmidt City Attorney ,. dft AM City Clerk David Brandt City Manager Staff Staff Staff Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org RE CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes �f recommendation I Applicant or Appellant makes presentation (up to 10 mins.) — [ Mayor invites members of the public to speak about the agenda item It Mayor closDthehearinIt City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, August 1, 2017 5:00 PM Non -televised Special Meeting Closed Session (5:00) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 01, 2017, commencing at 5:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:00 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Govermment Code Section 54956.9. Name of case: Emmy Glumac v. City of Cupertino, Santa Clara County Superior Court Case No. 17CV309611 2. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214 CITY OF CUPERTINO Page I City Council AGENDA August 1, 2017 3. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case) 4. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10849 Sycamore Drive, Cupertino, California; APN 342-57-028. Agency Negotiators: David Brandt, Jaqui Guzman. Negotiating Parties: Carol Atwood. Under Negotiation: Price and terms of payment ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE- 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: 2017 Accomplishments of Community Enlightenment (ACE) Award Recommended Action: Present ACE Award from Library Commission to 2017 Recipients - Cupertino Poet Laureate Steering Committee POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the July 5 City Council minutes Recommended Action: Approve the July 5 City Council minutes A - Draft Minutes CITY OF CUPERTINO Page 2 City Council AGENDA August 1, 2017 3. Subject: Accept Accounts Payable for the period ending April 14, 2017 Recommended Action: Adopt Resolution No. 17-065 accepting Accounts Payable for the period ending April 14, 2017 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending April 21, 2017 Recommended Action: Adopt Resolution No. 17-066 accepting Accounts Payable for the period ending April 21, 2017 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending April 28, 2017 Recommended Action: Adopt Resolution No. 17-067 accepting Accounts Payable for the period ending April 28, 2017 A - Draft Resolution B - AP Rep 6. Subject: Accept Accounts Payable for the period ending May 5, 2017 Recommended Action: Adopt Resolution No. 17-068 accepting Accounts Payable for the period ending May 5, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending May 12, 2017 Recommended Action: Adopt Resolution No. 17-069 accepting Accounts Payable for the period ending May 12, 2017 A - Draft Resolution B - AP Report 8. Subject: Treasurer's Investment Report for Quarter Ending June 2017 Recommended Action: Accept the report Staff Report A - Investment Portfolio B - Wells Fargo Value Comparison Report OE June 2017 C - Supplemental Portfolio Anal CITY OF CUPERTINO Page 3 Cite Council AGENDA August 1, 2017 9. Subject: Adopt the draft resolution to add the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy Recommended Action: Adopt Resolution No. 17-070 adding the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy Staff Report A - Draft Resolution 10. Subject: 2017/18 Reconstruction of Curbs, Gutters and Sidewalks Project, Project No. 2017-112 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $2,648,138 and approve a construction contingency of $250,000, for a total of $2,898,138 Staff Report A - Bid Summary B - Draft Contract 11. Subject: 2017 Pavement Maintenance Project Phase 3, City Project No. 2017-111 Recommended Action: Authorize the City Manager to award a contract to O'Grady Paving, Inc., in the amount of $2,250,943.75; and approve a construction contingency of $249,056.25 for a total of $2,500,000 Staff Report A - Draft Contract 12. Subject: Award of the Storm Drain Improvements - Foothill Boulevard and Cupertino Road Project Recommended Action: Authorize the City Manager to award a contract to Con -Quest Contractors Inc., in the amount of $1,089,715 and approve a construction contingency of $200,000, for a total of $1,289,715 Staff Report A - Draft Contract CITY OF CUPERTINO Page 4 City Council AGENDA August 1, 2017 13. Subject: Award and authorize the City Manager to execute a contract for the Fiber Network Extension to the Service Center Project (Project No. 2017-04) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Fiber Network Extension to the Service Center Project with Aegis ITS, Inc. in the amount of$264,764.33; and 2. Authorize a construction contingency budget of $26,500.00, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $291,264.33 Staff Report A - Draft Contract SECOND READING OF ORDINANCES 14. Subject: Second reading of an ordinance amending the Municipal Code to regulate the placement of storage containers and temporary fencing, size of signage notice boards for development, size of Accessory Dwelling Units, and including amendments to various other chapters of Title 19 - Zoning of the Municipal Code, including but not limited to, Chapter 19.08 (Definitions), Chapter 19.28 (Single -Family Residential (R-1) Zones), Chapter 19.36, Multiple -Family Residential (R-3) Zones, Chapter 19.40 (Residential Hillside (RHS) Zones), Chapter 19.60 (General Commercial (CG) Zones), Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones and 19.116 (Conversions of Apartment Projects to Common Interest Developments) for compliance with State Law, readability, clarifications, and internal consistency. (Application No. MCA-2017-03; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 17-2165: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.22, Property Maintenance, Chapter 19.12, Administration, Chapter 19.112, Accessory Dwelling Units In R-1, RHS, A and A-1 Zones, and minor amendments in Chapter 19.08, Definitions, Chapter 19.24, Agricultural (A) and Agricultural -Residential (A-1) Zones, Chapter 19.28, Single -Family Residential (R-1) Zones, Chapter 19.36, Multiple -Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside (RHS) Zones, Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones And 19.116, Conversions Of Apartment Projects To Common Interest Developments" Staff Report A - Draft Ordinance B - Changes since first reading CITY OF CUPERTINO Page 5 City Council AGENDA August 1, 2017 PUBLIC HEARINGS 15. Subject: 2017-18 Community Development Block Grant (CDBG) Annual Action Plan Recommended Action: Conduct the Public Hearing and Adopt Resolution No. 17-071 approving the 2017-18 CDBG Annual Action Plan Staff Report A - Draft Resolution B - Housing Commission Resolution 17-03 C - 2017-18 CDBG Annual Action Plan 16. Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed -use development at the Oaks Shopping Center. Recommended Action: Staff recommends that the City Council adopt Resolution No. 17-072 (Attachment A) after determining if the application(s) is/are authorized to move forward to apply for a General Plan Amendment(s) Cover Staff Report A - Draft Resolution B - CC Resolution No. 15-078 16a. Subject: A proposal to demolish two commercial buildings and construct a new full -service boutique hotel with 185 rooms and conference space and restaurant at the Cupertino Village that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-03; Applicant: Michael Strahs (Kimco Realty); Location: 10765 N. Wolfe Road; APN(s): 316-45-017) 16A - Staff Report for Cupertino Village site (hotel) 16A.1 - Proposed Plans and Project Description 16A 2 - EPS Fiscal Analysis for Cupertino Village site 16b. Subject: A proposal to demolish a 8,323 s.f. auto service station and construct a new 156-room, five -story hotel, with conference space and restaurant at the Good Year Tire site that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-01; Applicant: Claudio Bono (De Anza Properties); Location: 10931 N. De Anza Boulevard; APN(s): 326-10-061 16B - Staff Report 16B 1 - Goodyear Tire site project plans and Project Description 16B 2 - EPS Fiscal Analysis for Good Year Tire site CITY OF CUPER77NO Page 6 City Council AGENDA August 1, 2017 16c. Subject: A proposal to demolish an existing—71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed -use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) 16C - Staff Report for Oaks Shopping Center 16C.1 -Alt. 1 (mixed -use residential) proposed plans 16C.2 - Alt. 2 (mixed -use gateway) proposed plans 16C.3 - Project Description and other studies 16C.4 - EPS Fiscal Analysis for Oaks ShoI212ing Center 16C.5 - Public comments ORDINANCES AND ACTION ITEMS 17. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 17-073 providing for lien assessments and collection resulting from the abatement of public nuisances and potential fire hazards (weeds on private parcels) Staff Report A - Draft Resolution B - Exhibit A-1 Assessment Report REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OF CUPERTINO Page 7 Citv Council AGENDA August 1, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. I NTERN ET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CITY COUNCIL NOTICE OF AUGUST 1, 2017 CONTINUATION OF PUBLIC HEARING ITEM TO AUGUST 15, 2017 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from August 1 to the regular meeting of the Cupertino City Council of August 15 at 6:45 p.m. for purposes of consideration, deliberation, and decision: Subject: A proposal to demolish an existing-71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed -use developments at the Oaks Shopping Center site that. requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) Note: The public hearing has been closed. The meeting will be held in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 2nd day of August, 2017 STATE OF CALIFORNIA ) SS. COUNTY OF SAN A CLA. ) I, AN EMIVWEE OF YHE CITY OF CUPERTINO DEPART N,IE NT, STATE UNDER PENALTY OF PERJURY THAT ON (DATE) (T11NIE) L _. 13 I PERSONALLY POSTED THE Nvt,a'%ryGENDA ON THE BULLETIN 1101_%RL`, AT —ef+-Y HALL. Co Grace Schmidt, City Clerk CUPERTINO ) SS. ('C ji-�"FY OF SX,4':L b C LA A, ) !. L AN T_ -E OF VE CITY OF CUPEP.TINO _ DEPART s /=JE U'; � %- R PEN4 LTY OF THAT ON (Di%TE) E'.ME) ;to I PERSONALLY POSTED TtiE NOTICE/AGENDA ON THE BULLETIN BOARD AT CITY HALL. AGENDA OF THE CITI�6'6UNCIL Tuesday, August 15, 2017 Non -televised Special Meeting Closed Session (5:30) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember \ I / Councilmember R dlhH S 1U N,TiFU RE an op om Grace Schmidt City Attorney � M aacc Clerk David Brandt City City Manager •= Staff Staff �, _ } � ` a �.: Staff —� Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces �J agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) I Mayor invites members of the public to speak about the agenda item Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, August 15, 2017 5:30 PM Non -televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 15, 2017, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset CITY OF CUPERTINO Page I City Council AGENDA August 15, 2017 3. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Michael Drake v. Ramon Yanovsky• Roman Yanovsky v. City of Cupertino, et al. (cross -action), Santa Clara County Superior Court Case No. 114CV690216 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation from the Teen Commission Summarizing 2016-2017 Projects and Accomplishments Recommended Action: Receive presentation from Teen Commission Summarizing 2016-2017 Projects and Accomplishments 2. Subject: Certificates of Recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Proj ect Recommended Action: Present certificates of recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project 3. Subject: Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 Recommended Action: Present Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 4. Subject: Proclamation to honor India Independence Day on August 15, 2017 Recommended Action: Present Proclamation to honor India Independence Day on August 15, 2017 POSTPONEMENTS ORAL COMMUNICATIONS CITY OF CUPERTINO Page 2 City Council AGENDA August 15, 2017 This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5. Subject: Approve the August 1 City Council minutes Recommended Action: Approve the August 1 City Council minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for the period ending May 19, 2017 Recommended Action: Adopt Resolution No. 17-074 accepting Accounts Payable for the period ending May 19, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending May 26, 2017 Recommended Action: Adopt Resolution No. 17-075 accepting Accounts Payable for the period ending May 26, 2017 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending June 2, 2017 Recommended Action: Adopt Resolution No. 17-076 accepting Accounts Payable for the period ending June 2, 2017 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending June 9, 2017 Recommended Action: Adopt Resolution No. 17-077 accepting Accounts Payable for the period ending June 9, 2017 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 3 City Council AGENDA August 15, 2017 10. Subject: Accept Accounts Payable for the period ending June 16, 2017 Recommended Action: Adopt Resolution No. 17-078 accepting Accounts Payable for the period ending June 16, 2017 A - Draft Resolution B - AP Report 11. Subject: Accept Accounts Payable for the period ending June 23, 2017 Recommended Action: Adopt Resolution No. 17-079 accepting Accounts Payable for the period ending June 23, 2017 A - Draft Resolution B - AP Report 12. Subject: Budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Recommended Action: Approve the budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Staff Report A - Draft Agreement 13. Subject: State Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act Recommended Action: Adopt a position of support on Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act and authorize the Mayor to send letters in support of this bill Staff Report A - Sample Letter of Support 14. Subject: Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. for professional design services to prepare and deliver the I-280 Channel Trail Feasibility Study Recommended Action: Approve an Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. in the amount not to exceed $299,935 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the I-280 Channel Trail Feasibility Study Staff Report A - Draft Agreement CITY OF CUPERTINO Page 4 City Council AGENDA August 15, 2017 15. Subject: Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study Recommended Action: Approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study Staff Report A - Draft Agreement SECOND READING OF ORDINANCES PUBLIC HEARINGS 16. Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed -use development at the Oaks Shopping Center (16A and 16B authorized at the August 1 City Council meeting. 16C continued to August 15). 16C: A proposal to demolish an existing—71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed -use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) (Continued from August 1) Recommended Action: Staff recommends that the City Council adopt Resolution No. 17-080 (Attachment A) after determining if the application is authorized to move forward to apply for a General Plan Amendment(s) Staff report A - Draft Resolution CITY OF CUPERTINO Page 5 City Council AGENDA August 15, 2017 17. Subject: Adoption of City of Cupertino Transportation Impact Fee Nexus Study Recommended Action: Adopt Resolution No. 17-081, adopting the Cupertino Transportation Impact Fee Nexus Study; and direct Staff to draft ordinance to implement City Wide Traffic Impact Fee to be presented to City Council at the September 19, 2017 Council meeting Staff Report A - Draft Resolution B — City of Cupertino Transportation Impact Fee Nexus Study ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 18. Subject: Report on School Walk Audits Recommended Action: Receive Staff Report on School Walk Audits Staff Report A — Walk Audit Reports 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT CITY OFCUPERTINO Page 6 City Council AGENDA August 15, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx?page=125for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO 1ATE OF CALIF; N I A ) ) SS. ('� )UNTY OF SAN Iry CLARA ) AN i ,.:_10YEE OF TiI� CITY OF CUPERTINO DEPART STATE UN ER FENA TY OF ¢' URY THAT ON (DATE) �, b `-`JE) S `-c>e PM , I PERSONALLY POSTED THE N0' i E/AGENDA ON THE BULLETIN BOARD ATY CITHALL. 1 _ AGENDA OF THE CITY COUNCIL Tuesday, September 5, 2017 Non -televised Special Meeting Closed Session (5:15) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember \ I / Councilmember Randolph Hom Grace Schmidt City Attorney .. / City Clerk David Brandt . City Manager-- _ Staff Staff, Staff —� ,— Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item l Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing .l City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cuDertino.ora/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 5, 2017 5:15 PM Special Meeting Non -televised Closed Session (5:15) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 05, 2017, commencing at 5:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION - 5:15 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: Qi!3L of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214 2. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 - one potential case I\ 1110111.101111 WIN 1 REGULAR MEETING Page I City Council AGENDA September 5, 2017 PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation designating September as Prostate Cancer Awareness month Recommended Action: Present Proclamation designating September as Prostate Cancer Awareness month 2. Subject: Presentation from Monta Vista High School AP science teacher Kavita Gupta regarding her recent participation in the National Geographic Grosvenor Teaching Fellowship program in the Galapagos Recommended Action: Receive presentation 3. Subject: Presentation from Monta Vista High School AP science teachers Kavita Gupta and Emily Fitzgerald regarding a proximity sensor for people with disabilities Recommended Action: Receive presentation from Monta Vista High School AP science teachers Kavita Gupta and Emily Fitzgerald regarding a proximity sensor for people with disabilities POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the August 15 City Council minutes Recommended Action: Approve the August 15 City Council minutes A - Draft Minutes Page 2 City Council AGENDA September 5, 2017 5. Subject: Accept Accounts Payable for the period ending June 30, 2017 Recommended Action: Adopt Resolution No. 17-082 accepting Accounts Payable for the period ending June 30, 2017 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending July 7, 2017 Recommended Action: Adopt Resolution No. 17-083 accepting Accounts Payable for the period ending July 7, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending July 14, 2017 Recommended Action: Adopt Resolution No. 17-084 accepting Accounts Payable for the period ending July 14, 2017 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending July 21, 2017 Recommended Action: Adopt Resolution No. 17-085 accepting Accounts Payable for the period ending July 21, 2017 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending July 28, 2017 Recommended Action: Adopt Resolution No. 17-086 accepting Accounts Payable for the period ending July 28, 2017 A - Draft Resolution B - AP Report 10. Subject: Accept Accounts Payable for the period ending August 4, 2017 Recommended Action: Adopt Resolution No. 17-087 accepting Accounts Payable for the period ending August 4, 2017 A - Draft Resolution B - AP Report Page 3 City Council AGENDA September 5, 2017 11. Subject: Resolution amending City's Records Retention Schedule and authorizing the destruction of records Recommended Action: Adopt Resolution No. 17-088 rescinding Resolution No. 13-094 adopting an amended Records Retention Schedule for the City of Cupertino and authorizing the destruction of records Staff Report A - Draft Resolution B - Draft Records Retention Schedule Redline C - Draft Records Retention Schedule Clean D - Adopted Resolution No.13-094 12. Subject: Amend 2017-18 Adopted Budget to specify streets to be maintained using the Road Maintenance and Rehabilitation Account created by Senate Bill 1 Recommended Action: Adopt Resolution No. 17-089 amending the City's adopted budget for fiscal year 2017-18 to incorporate a list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues Staff Report A - Draft Resolution 13. Subject: City's Agreed Upon Procedures with Outside Auditors for Gann Limit and Investments Recommended Action: Authorize City Manager to sign on behalf of the City Council the Agreed Upon Procedures with Outside Auditors for Gann Limit and Investments Staff report A - GANN AUP B - Investment AUP 14. Subject: Update to Treasurer's Investment Report for Quarter Ending June 2017 approved by Council on August 1, 2017 Recommended Action: Accept the updated report Staff Report A - Treasurer Investment Report FY2016-17 SECOND READING OF ORDINANCES PUBLIC HEARINGS Page 4 City Council AGENDA September 5, 2017 15. Subject: General Plan and Zoning Amendment to make minor corrections to the Land Use and Zoning maps. Application No(s): GPA-2017-01, Z-2017-01; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: 1. Find that the project is exempt from CEQA; 2. Adopt Resolution No. 17-090 "Amending The General Plan Land Use Map As Shown.in Exhibit A"; and 3. Conduct the first reading of Ordinance No. 17-2166 "Amendments To The Zoning Map To Correct Inconsistencies Between The City Of Cupertino's Records And Certain Map Designations As Shown in Exhibit A" Staff Report Attachment A - Draft Reso GPA-2017-01 Attachment B - Draft Ord Z-2017-01 Attachment C - PC Reso 6835 Attachment D - link to PC Staff Report ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 16. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT 17. Subject: Adjournment in memory of artist and community leader Ann Woo Recommended Action: Adjourn the meeting in memory of artist and community leader Ann Woo Page 5 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcu pe rtino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, Conference Room A Wednesday, September 6, 2017 3:00 PM Special Meeting Non -televised Closed Session NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, September 06, 2017, commencing at 3:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney ADJOURNMENT STA E GF CALIFG RN IA ) SS. COUi`dTY OF SANTA CLARA ) AN I... L.0 i'EE OF TT E CITY OF CUPERTINO DEPART T'E 1j:,r� ,ER PENALTY OF RY rf41_ T IN (DATE) I PERSONALLY -ME N() f10EiAGENDA ON THE BULLETIN BOARD AT CITY HALL. D— IFE SiGI N "U RE Page 1 City Council AGENDA September 6, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.clipertino.orglindex.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 2 CUPERTINO STATF_ OF CALIF;. 7 IA ) SS. C: U I"Y O F S A "" ) AN t E OF T� , t'Y C: iF r'L F�_.: (` T LT Y OF J i T_', iE f, BULI,E T IN Be.,_ AGENDA OF THE CITY COUNCIL Tuesday, September 19, 2017 Non -televised Special Meeting Closed Session (4:45) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember I Councilmember City Attorney , = David Brandt City Manager I—+ Staff —, Staff —, Grace Schmidt r / City Clerk Staff s — Staff 0 Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: M�agendaitem 1 Staff reports and makes recommendation 1 Applicant or Appellant makes present (up to 10 .) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, September 19, 2017 4:45 PM Special Meeting Non -televised Closed Session (4:45) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 19, 2017, commencing at 4:45 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:45 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: cibL of Saratoga; Cit off Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214 2. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - One Case 3. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases Page I City Council AGENDA September 19, 2017 4. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Citywide Parks and Recreation System Master Plan Update Recommended Action: Accept update on the Citywide Master Plan ("Master Plan") and provide direction Staff Report Attach A - Map, Exist Parks & Rec Facilities, Draft, Apr 2017 Attach B - Table Park & Facility Inventory Matrix Draft, July 2017 Attach C - Exist Parks & Facilities Summary, Draft, May 2017 Attach D - Commly. Outreach & Vision Summary, Draft, May 2017 Attach E - Vision Mission & Goals, Draft, Aug 2017 Parks and Recreation System 2. Subject: Presentation from the Parks and Recreation Commission regarding the Work Plan for Fiscal Year 2017-2018 Recommended Action: Receive the presentation from the Parks and Recreation Commission regarding the Work Plan for Fiscal Year 2017-2018 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Page 2 City Council AGENDA September 19, 2017 Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the September 5 City Council minutes Recommended Action: Approve the September 5 City Council minutes A - Draft Minutes 4. Subject: Contract amendments for professional building department and public inspection services for Apple Campus 2 Recommended Action: Staff recommends that the City Council: 1. Authorize the City Manager to: a. Execute the Third Amendment to Agreement 14-028 with 4LEAF, Inc. for Apple Campus 2 Phase 1 building inspection services and public works inspection services to increase the previously authorized contract amount by $1,829,890 for a total amount not to exceed $16,956,368; and b. Execute the Second Amendment to Agreement 15-146 with 4LEAF, Inc. for Apple Campus 2 Phase 2 building inspection services to increase the previously authorized contract amount by $524,068 for a total amount not to exceed $1,438,855 2. Authorize the City Manager to execute contract amendments to the extent that the costs are recovered from the project applicant 3. Approve the budget allocations necessary to execute the contract amendments Staff Report A - Draft Third Amendment to Agreement 14-028 — 4LEAF. Inc. for Apt B - Draft Second Amendment to Agreement 15-146 — 4LEAF. Inc. for At C - Budget Journal 5. Subject: Accept Accounts Payable for the period ending August 11, 2017 Recommended Action: Adopt Resolution No. 17-091 accepting Accounts Payable for the period ending August 11, 2017 A - Draft Resolution B - AP Repo 6. Subject: Accept Accounts Payable for the period ending August 18, 2017 Recommended Action: Adopt Resolution No. 17-092 accepting Accounts Payable for the period ending August 18, 2017 A - Draft Resolution B - AP Report Page 3 City Council AGENDA September 19, 2017 7. Subject: Accept Accounts Payable for the period ending August 25, 2017 Recommended Action: Adopt Resolution No. 17-093 accepting Accounts Payable for the period ending August 25, 2017 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending September 1, 2017 Recommended Action: Adopt Resolution No. 17-094 accepting Accounts Payable for the period ending September 1, 2017 A - Draft Resolution B - AP Report SECOND READING OF ORDINANCES 9. Subject: Zoning Amendment to make minor corrections to the zoning map. Application No(s): Z-2017-01; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: Conduct a second reading and enact Ordinance No. 17-2166: "Ordinance of the City Council of the City of Cupertino approving amendments to the zoning map to correct inconsistencies between the City of Cupertino's records and certain map designations as shown in Exhibit A" Staff Report A - Draft Ordinance PUBLIC HEARINGS 10. Subject: Extension of an Urgency Ordinance imposing a moratorium on all commercial, non -medical marijuana land uses including dispensaries, marijuana cultivation and cultivation facilities, commercial cannabis activities and marijuana transport and deliveries. (Application No.: MCA-2016-06; Location: City-wide; Applicant: City of Cupertino) Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Enact Urgency. Ordinance No. 17-2167: "An Interim Urgency Ordinance of the City Council of the City of Cupertino Extending Moratorium on Non -Medical Marijuana Dispensaries, Marijuana Cultivation and Cultivation Facilities, Commercial Cannabis Activities and Marijuana Transport and Deliveries within the City of Cupertino Pending Completion of an Update to the City's Zoning Code" Staff Report A - Draft urgency Ordinance B - Ordinance No. 16-2153 C - Ordinance No. 16-2160 Page 4 City Council AGENDA September 19, 2017 11. Subject: Adoption of City of Cupertino Transportation Impact Fee Program and Approval of Fees Recommended Action: 1. Conduct the first reading of Ordinance No. 17-2168 Adding Chapter 14.02 to the Cupertino Municipal Code To Adopt And Implement The City's Transportation Impact Fee Program As Shown In Exhibit V (Attachment A); and 2. Adopt Resolution No. 17-095 Adopting A Transportation Impact Fee And Amending Schedule B Of The 2017-18 Fee Schedule To Include The New Transportation Impace Fee As Shown in Exhibit 1 (Attachment B) Staff Report A - Draft Ordinance B - Draft Resolution C - Schedule B TIF Fee (Red Line) D - August 15, 2017 Staff Report E- Transportation Impact Fee Nexus Study ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 12. Subject: Service Center Administration Building with Emergency Operations Center (EOC) Feasibility Study and Facility Master Plan Recommended Action: Receive the Service Center Administration Building with Emergency Operations Center Feasibility Study and Facility Master Plan Staff Report A — Service Center Feasibility Study 13. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 5 City Council AGENDA September 19, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.clipertino.orglindex.aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. .A COMMUNICATING WITH COUNCIL All Council members: Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408)279-7900 California Water (650) 917-0152 CUPERTINO `k AN _ ` 1 1 �i i- BULLETIN BQA-, Ll� Ui �� :'�, AT AT Ci"rry IIALL. _ 9 s // 717- , AGENDA OF THE CITY COUNCIL Tuesday, October 3, 2017 Non -televised Special Meeting Closed Session (5:30) Televised Regular Meeting (6:45) Savita Vaidhyanathan Steven Scharf Darcy Paul Mayor Rod Sinks Vice Mayor Councilmember Barry Chan Councilmember \ 9 I Randolph Hom \ / Councilmember City Attorney ," Grace Schmidt David Brandt • City Clerk City Manager'I _ ` Staff �, +� .— Staff Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: vwvw.cupertino.org — Staff CONDUCT OF BUSINESS PUBLIC HEARINGS The Mayor is the presiding officer of the City Council. Any member of The City Council is required by law to the public may speak on any item on the agenda for up to three or ublic hearings on certain matters minutes. All statements and questions must be addressed to the prior po making its decision. Notice to Mayor. interested parties is given by legal sion of some cityape of Council hearings serve as a venue for the discus si and generadvertal crirculat on atseent in thel ocal sp least 10ca enr dar divergent points of view. Please respect the opinions of others days receding the hearing date. refrain from outward expressions of emotions such as cheering or A Y licapons requiring public hearings clapping. Such behavior delays the meeting and may intimidate other inc ude change of zoning, variances, use persons wishing to express alternate views. Loud, unruly outbursts permits, and tentative maps. will result in removal from the meeting. COUNCICIL MEETINGS The proceedings of the meeting are recorded on audiotape and The Council regularly meets the first videotape; therefore, members of the audience who address the City and third Tuesdays of each month. These Council must come to the lectern/microphone, and are requested to meetings are held in the Council Chamber complete a Speaker Card and identify themselves. of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held FLOWCHART FOR AGENDA ITEMS: at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , Mayor introduces p purchase, or lease of property. Actions Council members report any site agenda item visits or outside communications taken in closed sessions are not final until acted upon in public session. 1 Urgent business, holidays, or election Staff reports and makes Council members ask questions days may trigger special or adjourned recommendation meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS Applicant or Council members ask questions AVAILABLE ON THE WEB Appellant makes Agendas, minutes, and packets for presentation (up to 10 mins.)7 current and prior City Council an Planning Commission meetings are available at www cupertino.org, or you Speakers submit a Request to can purchase the items on CD. Mayor invites members of Speak card, and are allowed up to the public to speak about g minutes per individual. Council CITY COUNCIL DECISION IS FINAL the agenda item members may ask questions of Prior to seeking judicial review of any speakers. decision, adjudicatory (quasi-judicial) interested persons must file a petition for reconsideration within ten calendar days Mayor closes the of the date the City Clerk mails notice of hearing the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's A Council member makes a motion office for more information or go to City Council and obtains a second. www.http:l,/www.cupertino.org/index.as votes on the The City Council then discusses the ox?page=125 for a reconsideration agenda item motion(s) and votes. petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 3, 2017 5:30 PM Non -televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 03, 2017, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timin Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Page / City Council AGENDA October 3, 2017 3. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to help promote City trees Recommended Action: Present proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to help promote City trees POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minutes A - Draft Minutes Page 2 City Council AGENDA October 3, 2017 3. Subject: Award and authorize the City Manager to execute a construction contract for the Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Retaining Wall Replacement-Regnart Road Project with DMZ Builders in the amount of $343,133; and 2. Authorize a construction contingency budget of $34,000, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $377,133 Staff Report A - Draft Contract 4. Subject: Cancel the January 2, 2018 City Council meeting Recommended Action: Cancel the January 2, 2018 City Council meeting A - Staff Report 5. Subject: Receive report on commissions and committees with terms expiring January 30, 2018, and select an application deadline date of January 12, 2018 and interview dates of January 22 and 23, 2018. Recommended Action: a.) Receive report on commissions and committees with terms expiring January 30, 2018; and b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and interviews beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for commissions with terms expiring January 30, 2018. Staff Report A - Appointments List and Notice of Commission Terms Expiring in 201 f SECOND READING OF ORDINANCES 6. Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the Cupertino Municipal Code to Adopt and Implement the City's Transportation Impact Fee Program Recommended Action: Conduct the second reading and enact Ordinance No. 17-2168: "An Ordinance of the City Council of the City of Cupertino adding Chapter 14.02 to the Cupertino Municipal Code to Adopt and Implement the City's Transportation Impact Fee Program" Staff Report A - Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Page 3 City Council AGENDA October 3, 2017 7. Subject: Approval of the Library Commission's recommendation of Kaecey McCormick for the appointment of the new Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 17-096 approving the Library Commission recommendation and appoint the new Cupertino Poet Laureate Staff Report A - Draft Resolution REPORTS BY COUNCIL AND STAFF 8. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 City Council AGENDA October 3, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file- a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, , in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 5 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO STAT E OF CALIFO RNIA COU­ .)Ss. Py " OV SANTA CLARA SAQ L Cr- C-4 C,� , AN EV;'PLOYLE �T��`_CITY OF UUPE-,�i_[NO � DE[VkRT- TY OF 0 N, -)A ON TNE G -N' L"_J1 LETIN A.T CITY 4, 1, ;Q - I f I I AGENDA OF THE CITY COUNCIL Tuesday, October 17,2017 Non -televised Special Meeting Closed Session (5:15) Televised Regular Meeting (6:45) Savita Vajdhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember Councilmember Randolph Hom Grace Schmidt City Attorney ,,, David Brandt ,City Clerk City Manager 4%— Staff Staff Tw Staff — Staff a1v Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cuperfino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item I Staff reports and makes �f recommendation Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 Z City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 17, 2017 5:15 PM Non -televised Special Meeting Closed Session (5:15) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that Council is hereby called for Tuesday, in City Hall Conference Room A, 95014. Said special meeting shall be fc subject matters listed below under tl meeting items will be heard at 6:45 10350 Torre Avenue, Cupertino, California. a special meeting of the Cupertino City October 17, 2017, commencing at 5:15 p.m. 10300 Torre Avenue, Cupertino, California the purpose of conducting business on the e heading, "Special Meeting." The regular i.m. in Community Hall Council Chamber, SPECIAL MEETING ROLL CALL - 5:15 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2. Subject: Conference with Real Property Negotiators (Goveriunent Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timrn Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset 3. Subject: Conference with Legal Counsel -Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: Cfty_ of Saratoga, City of Cupertino, Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214. Page 1 a City Council AGENDA 4. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan P. Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue CEREMONIAL MATTERS AND PRESENTATIONS October 17, 2017 1. Subject: Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" Recommended Action: Present Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" 2. Subject: Proclamation in celebration of Diwali on October 19, 2017 Recommended Action: Present proclamation in celebration of Diwali on October 19, 2017 3. Subject: Certificate of Appreciation for B1ueLight Cinemas Recommended Action: Present Certificate of Appreciation for BlueLight Cinemas POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. City Council AGENDA October 17, 2017 4. Subject: Approve the October 3 City Council minutes Recommended Action: Approve the October 3 City Council minutes A - Draft Minutes 5. Subject: Accept Accounts Payable for the period ending September 8, 2017 Recommended Action: Adopt Resolution No. 17-097 accepting Accounts. Payable for the period ending September 8, 2017 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending September 15, 2017 Recommended Action: Adopt Resolution No. 17-098 accepting Accounts Payable for the period ending September 15, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending September 22, 2017 Recommended Action: Adopt Resolution No. 17-099 accepting Accounts Payable for the period ending September 22, 2017 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending September 29, 2017 Recommended Action: Adopt Resolution No. 17-100 accepting Accounts Payable for the period ending September 29, 2017 A - Draft Resolution B - AP Report 9. Subject: Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and authorize an additional full-time equivalent (FTE) position in the City Attorney's Office ("CAO") Recommended Action: 1. Adopt Resolution No. 17-101 to: a. Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and b. Increase FTE in the City Attorney's Office from 4 FTE to 5 FTE by adding a Senior Assistant City Attorney position. Staff report A - Draft Resolution B - Unrepresented Comp - Redlined C - Unrepresented Comp - Clean Page 3 City Council AGENDA October 17, 2017 10. Subject: Establishment of a Friendship City Relationship Recommended Action: Approve one application establishing a Friendship City relationship with Tongxiang City, Zhejiang Province, People's Republic of China Staff Report A — Tongxiang Friendship City Application B — PowerPoint Presentation of Cupertino Delegate Visit to Ton xg iang 11. Subject: Application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Staff Report A - Application 12. Subject: Application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Staff Report A - Application 13. Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Boiling Fish, Inc (dba Boiling Fish), 19634 Stevens Creek Boulevard Staff Report A - Application Page 4 City Council AGENDA October 17, 2017 14. Subject: Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades -East Courts Light Conversion project (Project No. 2017-19.01) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades -East Courts Light Conversion project with Nema Construction in the amount of $220,000; and 2. Authorize a construction contingency budget of $22,000, 10% of the contract amount, to address unforeseen conditions during construction, for a total of $242,000; and 3. Approve a budget appropriation in the amount of $470,000 in the Sports Center - Upgrades project (420-99-017) and the appropriation in the amount of $470,000 in transfers out from the Sport Center - Children's Play Area project (570-99-032) Staff Report A - Draft Contract SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 15. Subject: Amend Cupertino Municipal Code Chapter 11.24, "Standing, Stopping or Parking -Public Streets, Section 11.24.170, Limitation on Certain Streets", to Establish 2-hour Parking on a Portion of Vallco Parkway Recommended Action: Conduct the first reading of Ordinance No. 17-2169: An Ordinance of the City Council of the City of Cupertino Amending Section 11.24.170, "Limitation on Certain Streets", to Establish 2-hour Parking on a Portion of Vallco Parkway Staff Report A - Map of Proposed 2hr Parking B - Draft Ordinance 16. Subject: Kidpool Pilot Project Recommended Action: Authorize the City Manager to execute a contract with Fremont Union High School District and Pogo, Inc. for use of a mobile application platform that facilitates parent carpooling Staff Report Page 5 City Council AGENDA October 17, 2017 17. Subject: Consider adopting resolutions establishing a policy for accepting donations and revising the Naming of City Facilities Policy Recommended Action: a. Adopt Resolution No. 17-102 establishing a policy for accepting donations (Attachment A); and b. Adopt Resolution No. 17-103 rescinding Resolution No. 03-162 and amending the Naming of City Facilities Policy (Attachment C) Staff Report A - Draft Resolution Donation Policy B - Standard Donation Form Sample C - Draft Resolution Naming of City Facilities Policy D - Draft Naming of City Facilities Policy - Redline Version 18. Subject: Designation of a primary representative and alternate for the City of San Jose's Ad Hoc Advisory Committee on South Flow Arrivals Recommended Action: Designate a primary representative and one alternate for the City of San Jose's Ad Hoc Advisory Committee on South Flow Arrivals Staff Report A - Email Invitation from the City of San Jose B - Cily of San Jose Memorandum C - City of San Jose Presentation REPORTS BY COUNCIL AND STAFF 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 City Council AGENDA October 17, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made. available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 7 City Council AGENDA October 17, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, Conference Room A Tuesday, October 17, 2017 4:15 PM Non -televised Special Meeting Closed Session (4:15) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 17, 2017, commencing at 4:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Public Employee Performance Evaluation. Title: City Attorney. Gov't Code Section 54957(b)(1). ADJOURNMENT Sritib L t iF C:A1_ a ) JC y i 1 ,A Fla PE, l'V .`i 1_, T y OF r , POSTED THE ti :.f1 .:' C LIB .w ON T E BULLETIN BOARD �P CITY H::11- L. jE P,,--, , DATE City Council AGENDA October 17, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration. petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 2 City Council AGENDA October 17, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 3 Li %Ji SS. AN 4_A i'._, i-E OF CUPERTINO POSTIED THE ON T1 IE BULLETIN LWy\J.: � /Vr CITY HALL. D<y 'E ICiN,�TURE AGENDA OF THE CITY COUNCIL Tuesday, November 7, 2017 Non -televised Special Meeting Closed Session (5:30) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember \ I / Councilmember Randolph Hom City Attorney Grace Schmidt � � � /City Clerk David Brandt i City Manager --op- Staff Staff ff Staff —� Staff ill Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCILMEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, November 7, 2017 5:30 PM Non -televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 07, 2017, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under Meeting." The regular meeting items will be heard at Hall Council Chamber, 10350 Torre Avenue, Cupertino, California SPECIAL MEETING ROLL CALL - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION the heading, "Special 6:45 p.m. in Community 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney 2. Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (one potential case) 3. Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (one potential case) ADJOURNMENT Page I City Council AGENDA November 7, 2017 REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip Recommended Action: Receive presentation from Toyokawa Sister City regarding recent student exchange trip 2. Subject: Presentation by Bhubaneswar Sister City Committee regarding recent trip Recommended Action: Receive presentation by Bhubaneswar Sister City Committee regarding recent trip 3. Subject: Certificates of appreciation and presentation by Youth Services Through Cultural Arts (YSTCA) regarding fundraising for West Valley Community Services Recommended Action: Present certificates and receive presentation by Youth Services Through Cultural Arts (YSTCA) regarding fundraising for West Valley Community Services 4. Subject: Presentation from the Cupertino Chamber of Commerce regarding community outreach . Recommended Action: Receive presentation from the Cupertino Chamber of Commerce regarding community outreach 5. Subject: Library Commission Accomplishments and Work Plan Presentation Recommended Action: Receive presentation of the Library Commission Accomplishments and Work Plan POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Page 2 City Council AGENDA November 7, 2017 Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 6. Subject: Approve the October 17 City Council minutes Recommended Action: Approve the October 17 City Council minutes A - Draft Minutes 7. Subject: Treasurer's Investment Report for Quarter Ending September 30, 2017 Recommended Action: Accept the- Treasurer's Investment Report for Quarter Ending September 30, 2017 Staff Report A - Investment Portfolio B - Wells Fargo Value Comparison Report C - Supplemental Portfolio Anal 8. Subject: Bay Area Air Quality Management District Proposed Reduction of Risk from Air Toxic Emissions at Existing Facilities Recommended Action: Adopt a position of support on the Bay Area Air Quality Management District's proposed Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities Staff Report A - Sample Letter of Support B - Proposed BAAQMD Regulation 11, Rule 18 9. Subject: Donation for the implementation of the 2016 Bicycle Transportation Plan Recommended Action: Accept a donation in the amount of $1,800,000 for the implementation of the 2016 Bicycle Transportation Plan and approve a Budget Appropriation in the amount of $1,800,000 in the Capital Improvement _Fund (420-99-036 900-905) for the first phase of the Stevens Creek Boulevard Separated Bike Lane Project Staff Report A - October 4, 2017 Letter from City of Cupertino to Apple B - Donation Form Page 3 City Council AGENDA November 7, 2017 10. Subject: Application for Alcohol Beverage License for Galpao Gaucho Three, LLC (dba Galpao Gaucho), 19780 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Galpao Gaucho Three, LLC (dba Galpao Gaucho), 19780 Stevens Creek Boulevard Staff Report A - Application 11. Subject: One Bay Area Grant Cycle 2 Application Resolution of Local Support Recommended Action: Adopt Resolution No. 17-104, authorizing an application to the Metropolitan Transportation Commission (MTC) for $769,000 in funding from the One Bay Area Grant Program, regional discretionary funding, appropriating $110,000 in necessary matching funds, and assuring the completion of the Project in accordance with the application. Staff Report A - Draft Resolution SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 12. Subject: Approve the second amendment to Employment Contract for the City Attorney and amend the Appointed Employees' Compensation Program Recommended Action: Adopt Resolution No. 17-105, approving the second amendment to the employment contract for the City Attorney and authorizing the Mayor to execute the contract; and Adopt Resolution No. 17-106, amending the Appointed Employees' Compensation Program to reflect changes in compensation for the City Attorney. Staff Report A - Draft Resolution - Second Amendment to the Employment Contract B - Draft Resolution - Amending the Appointed Employees' Comnensatio C - Appointed Employees' Compensation Program - Redlined D - Appointed Employees' Compensation Program - Clean E - Second Amendment to the Employment Contract - Redlined F Second Amendment to the Employment Contract - Clean Page 4 City Council AGENDA November 7, 2017 13. Subject: Amend Cupertino Municipal Code Chapter 11.24, "Stopping, Standing and Parking - Public Streets, Section 11.24.170, Limitation on Certain Streets to Establish 2-hour Parking on a Portion of Vallco Parkway (continued from October 17). Recommended Action: Conduct the first reading of Ordinance No 17-2169: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.24, "Stopping, Standing and Parking - Public Streets, Section 11.24.170, Limitation on Certain Streets to Establish 2-hour Parking on a Portion of Vallco Parkway Staff Report A - Map of Proposed 2hr Parking B - Draft Ordinance REPORTS BY COUNCIL AND STAFF 14. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 5 City Council AGENDA November 7, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 6 City Council AGENDA November 7, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 7 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: httPs://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 L OF Ct Lf: _ _­.. CUPERTINO ) SS. IA, 01' 3"A1i LAit_A AN 1, 0 L ^ R, i T a,LT Y OF p. M t „�. ' '_Y ' E i ,Y AGENDA OF THE CITY COUNCIL Tuesday, November 21, 2017 Non -televised Special Meeting Closed Session (4:00) Televised Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember I Councilmember Randolph Hom \ \ / / Grace Schmidt City Attorney City Clerk David Brandt City Manager Staff Staff Staff — k.:f — Staff Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. . The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces agenda item 1 *1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 Z City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCILMEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.ore, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, November 21, 2017 4:00 PM Non -televised Special Meeting Closed Session (4:00) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 21, 2017, commencing at 4:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under Meeting." The regular meeting items will be heard at Hall Council Chamber, 10350 Torre Avenue, Cupertino, California SPECIAL MEETING ROLL CALL - 4:00 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION the heading, "Special 6:45 p.m. in Community 1. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10849 Sycamore Drive, Cupertino, California; APN 342-57-028. Agency Negotiators: David Brandt, Jaqui Guzman. Negotiating Parties: Carol Atwood. Under Negotiation: Price and terms of payment 2. Subject: Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (one potential case) ADJOURNMENT REGULAR MEETING Page / City Council AGENDA November 21, 2017 PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall,10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Present Certificates of Appreciation to volunteers at the Silicon Valley Korean School (SVKS) Recommended Action: Present Certificates of Appreciation to volunteers at the Silicon Valley Korean School (SVKS) 2. Subject: Presentation from the Cupertino Rotary regarding community outreach Recommended Action: Receive presentation from the Cupertino Rotary regarding community outreach POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Subject: Approve the November 7 City Council minutes Recommended Action: Approve the November 7 City Council minutes A - Draft Minutes 4. Subject: Accept Accounts Payable for the period ending October 6, 2017 Recommended Action: Adopt Resolution No. 17-107 accepting Accounts Payable for the period ending October 6, 2017 A - Draft Resolution B - AP Report Page 2 City Council AGENDA November 21, 2017 5. Subject: Accept Accounts Payable for the period ending October 20, 2017 Recommended Action: Adopt Resolution No. 17-108 accepting Accounts Payable for period ending October 20, 2017 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending October 13, 2017 Recommended Action: Adopt Resolution No. 17-109 accepting Accounts Payable for the period ending October 13, 2017 A - Draft Resolution B - AP Report 7. Subject: Declare weeds a nuisance and set hearing date of January 16 for objections to proposed removal Recommended Action: Adopt Resolution No. 17-110 declaring weeds a nuisance and setting a hearing date of January 16 for objections to proposed removal Staff Report A - Draft Resolution 8. Subject: Creation of pooled liability assurance network joint powers authority (PLAN JPA). Recommended Action: Adopt Resolution No. 17-111 authorizing the City of Cupertino to participate in the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA). Staff Report A - Draft Resolution B - Draft PLAN Reso 2017-01 (Agency Agreement) C - Draft Model JPA Agreement 9. Subject: Authorize the City Manager to execute an agreement with Active Network, LLC for recreation management software Recommended Action: Authorize the City Manager to execute a five-year Product and Services Agreement with Active Network, LLC, in the amount of $1,058,754 for enterprise recreation management software implementation, hardware, and subscription (Attachment A). Authorize the City Manager to negotiate and execute contract extensions at the end of the initial five-year contract period for one two-year term Staff Report A - Product and Services Agreement Page 3 City Council AGENDA November 21, 2017 10. Subject: Application for Alcohol Beverage License for KVS Team (dba Koja Kitchen), 19700 Vallco Parkway, Suite 130 Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for KVS Team (dba Koja Kitchen), 19700 Vallco Parkway, Suite 130 Staff Report A - Application 11. Subject: Authorize the City Manager to send letters opposing wireless legislation that infringes on the City's authority to manage publicly owned property and wireless facility placement. Recommended Action: Authorize the City Manager to send letters to governmental representatives, committees and other appropriate groups and agencies regarding legislation that affects the City's authority to manage publicly owned property and wireless facility placement. Staff Report A - Draft Letter B - Design Rendering SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Page 4 City Council AGENDA November 21, 2017 12. Subject: Authorization of consultant services and budget for specific plan and environmental review of the Vallco Shopping District Special Area. Recommended Action: Staff recommends that the City Council: 1. Authorize the City Manager to: a. Execute a consultant agreement with Opticos Design to provide services to the City for the preparation of a specific plan for the Council's consideration, for an amount not to exceed $850,000 (Attachment A). b. Execute a consultant agreement with David J. Powers and Associates, Inc. to provide services to the City for the preparation of an Environmental Impact Reports (EIR) for the Council's consideration, for an amount not to exceed $821,940. This amount includes services of transportation consultant Fehr and Peers, who will be a subconsultant under the David J. Powers and Associates, Inc. contract (Attachment B). c. Execute a consultant agreement with EPS to provide services to the City for economic impact analysis for an amount not to exceed $147,000 (Attachment Q. d. Negotiate and execute additional future amendments to the agreements listed in Items la. - c. above, up to a total of $2,405,549, which includes the contract amounts listed above, 15% administrative fee on consultant contracts and a 15% contingency, to the extent that funds are appropriated for the amendments and the total expenditures are cost -recovered from the applicant. 2. Approve an increase to the Fiscal Year 2017-18 Planning and Community Development - Mid to Long Term Planning program budget of $2,405,549. Staff Report A - Specific Plan Scope of Work and Cost Estimate B - Environmental Review Scope of Work and Cost Estimate C - Economics Consultant Scope of Work and Cost Estimate D - Letter from property owner 13. Subject: Mitigation Fee Act - Annual and Five -Year Report for fiscal year ending June 30, 2017 Recommended Action: Accept the Annual and Five -Year Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and Adopt Resolution No 17-112 entitled "A Resolution of the City Council of the City of Cupertino Approving the Annual and Five -Year Development Impact Fee Reports and Making Required Findings." Staff Report A - Developer In -Lieu Fee Report B - Draft Resolution REPORTS BY COUNCIL AND STAFF Page City Council AGENDA November 21, 2017 14. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 City Council AGENDA November 21, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://Www.cupertino.orglindex.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 7 City Council AGENDA November 21, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services. Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 CUPERTINO Sl-�,TE F CYN'LA. L )SS. C: virs4-em -or C) AN E OF Y OF CU PE RT- PEN AUT,'Y OF TRY'i HNF ON (DATE) F) 0 0 OAI P,SON,' LY ­-ED TIVIE 4 ;,-- �AGEN-I)A ON THE i3io-LILETIN BOARD Ar crrY HALL. f r - I I—, A— I AGENDA OF THE CITY COUNCIL Monday, November 27,2017 Televised Special Meeting Study Session (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Barry Chang Councilmember Councilmember Randolph Hom City Attorney ,,• Grace Schmidt David Brandt City Clerk City Manager Staff �i 4MA Staff 4% Staff A*Staff __ Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces Council members report any site agenda item visits or outside communications 1 Staff reports and makes Council members ask questions recommendation 1 Applicant or Council members ask questions Appellant makes presentation (up to 10 mins.) J. Mayor invites members of Speakers submit a Request to the public to speak about Speak card, and are allowed up to the agenda item 3 minutes per individual. Council members may ask questions of It speakers. Mayor closes the hearing 1 A Council member makes a motion City Council and obtains a second. votes on the agenda item The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httr)://www.cupe tino.orT/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Monday, November 27, 2017 6:45 PM Televised Special Meeting Study Session NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, November 27, 2017, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. STUDY SESSION 1. Subject: State of California's 2017 Legislative Housing bills Recommended Action: There is no recommended action. The purpose of a study session is to learn more about recently adopted legislation relevant to California Housing law. Staff report A- Goldfarb Lipman memo Page I City Council AGENDA November 27, 2017 ADJOURNMENT P(we City Council AGENDA November 27, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. clipertino. org/index. aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 3 City Council AGENDA November 27, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 4 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 STATE OF CALIF T CUPERTINO U lTY OF SA, C: LA RA AN XA PLNA LTY OF "D TP L6C_t\,,,A ON i2li-ILLETIN BOO, ' C1,Fy HALL. AGENDA OF THE CITY COUNCIL Tuesday, December 5, 2017 Televised Swearing -in Ceremony followed by Regular Meeting (6:45) Savita Vaidhyanathan Darcy Paul Mayor Rod Sinks Steven Scharf Vice Mayor Councilmember Councilmember Randolph Hom City Attorney City David Brandt Manager City Manager Staff Staff At 0 Speaker's Podium Barry Chang Councilmember Grace Schmidt - City Clerk COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE - CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org — Staff VStaff V11, V CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. , The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces , I agenda item 1 Staff reports and makes recommendation 1 Applicant or Appellant makes presentation (up to 10 mins.) 1 Mayor invites members of the public to speak about the agenda item 1 Mayor closes the hearing 1 City Council votes on the agenda item Council members report any site visits or outside communications Council members ask questions Council members ask questions Speakers submit a Request to Speak card, and are allowed up to 3 minutes per individual. Council members may ask questions of speakers. A Council member makes a motion and obtains a second. The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupert!no.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 5, 2017 6:45 PM Televised Swearing -in Ceremony followed by Regular Meeting PLEDGE OF ALLEGIANCE ROLL CALL ELECTION OF MAYOR AND VICE MAYOR 1. Subject: Councilmembers elect Mayor Recommended Action: Make nominations and elect Mayor 2. Subject: Councilmembers elect Vice Mayor Recommended Action: Make nominations and elect Vice Mayor OATH OF OFFICE 3. Subject: Mayor takes Oath of Office Recommended Action: Mayor takes Oath of Office 4. Subject: Vice Mayor takes Oath of Office Recommended Action: Vice Mayor takes Oath of Office COMMENTS BY NEW MAYOR 5. Subject: Comments by new Mayor and presentation of gifts Recommended Action: Comments by new Mayor and presentation of gifts COMMENTS BY COUNCIL MEMBERS AND PUBLIC 6. Subject: Comments by Councilmembers Recommended Action: Comments by Councilmembers Page I City Council AGENDA December 5, 2017 7. Subject: Members of the audience are invited to speak (no Speaker Cards necessary) Recommended Action: Members of the audience are invited to speak RECEPTION 8. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby RECESS CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS 9. Subject: Continue Item No. 13 to consider a revised request to demolish an existing—71,254 sq.ft. commercial shopping center and construct a mixed -use development at the Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) to January 16, 2018 (per applicant request) Recommended Action: Continue Item No. 13 to consider a revised request to demolish an existing—71,254 sq.ft. commercial shopping center and construct a mixed -use development at the Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) to January 16, 2018 (per applicant request) A - Applicant Letter ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Page 2 City Council AGENDA December 5, 2017 10. Subject: Approve the November 21 City Council minutes Recommended Action: Approve the November 21 City Council minutes A - Draft Minutes 11. Subject: Approve First Quarter Financial Report for Fiscal Year 2017-18 Recommended Action: 1. Accept the City Manager's First Quarter Financial Report for Fiscal Year 2017-18; and 2. Adopt Resolution No. 17-113 approving First Quarter Budget Adjustments Staff Reyort A - Draft Resolution B - First Quarter Financial Report for Fiscal Year 2017-18 C - Detailed Description of Year End and Adjustments made through 9/3C D - Budget Journal 12. Subject: Exceptions to Facility Rental Hours Recommended Action: Delegate authority to the Recreation and Community Services Director to approve extended hours for facility rentals. Staff Report Attach A - Facility Rental Information SECOND READING OF ORDINANCES PUBLIC HEARINGS 13. Subject: Consider a revised request to demolish an existing—71,254 sq.ft. commercial shopping center and construct a mixed -use development at the Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041). (The applicant is requesting a postponement to January 16, 2018) Recommended Action: Continue this item to January 16, 2018 Page 3 City Council AGENDA December 5, 2017 14. Subject: Consider an ordinance to establish regulations regarding adult use (recreational) and medicinal marijuana by adding a new Chapter 10.84, Medicinal and Adult Use of Marijuana, in Title 10, amending Chapter 19.08, Definitions, to repeal definitions related to Marijuana and amending Chapter 19.98, Medical Marijuana, to update and reference the newly established Chapter. (Application No(s).: MCA-2017-04; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Conduct the first reading and adopt Ordinance No. 17-2169 entitled "An ordinance of the City Council of the City of Cupertino adding Chapter 10.84 titled "Medicinal and Adult Use of Marijuana" to Title 10 of the Cupertino Municipal Code; amending Section 19.08.030 to repeal Definitions related to Marijuana; and amending Chapter 19.98 to reference the newly adopted ordinance" (Attachment A.) Staff Report A - Draft Ordinance B - PC Reso 6841 showing additions and deletions C - Santa Clara County DA Office memo May 2014 ORDINANCES AND ACTION ITEMS 15. Subject: Approve the Fifth amendment to the Employment Contract for the City Manager and amend the Appointed Employees' Compensation Program Recommended Action: Adopt Resolution No. 17-114 approving the Fifth amendment to the employment contract for the City Manager and authorizing the Mayor to execute the contract; and Adopt Resolution No. 17-115 amending the Appointed Employees' Compensation Program to reflect changes in compensation for the City Manager. Staff Report A - Draft Reso approving the Fifth Amendment to the Employment Contr B - Draft Reso amendingthe he Appoined Employees' Compensation Proara C - Appointed Employees' Compensation Program - REDUNED D - Appointed Employees' Compensation Program - CLEAN E - Fifth Amendment to the Employment Contract - REDUNED F - Fifth Amendment to the Employment Contract - CLEAN REPORTS BY COUNCIL AND STAFF ADJOURNMENT Page 4 Citv Council AGENDA December 5, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 5 City Council AGENDA December 5, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- year term. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a first reading.' At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members: Savita Vaidhyanathan Darcy Paul Barry Chang Steven Scharf Rod Sinks Council administrator City Hall citycouncil@cupertino.org SVaidhyanathan@cupertino.org (408) 777-3193 DPaul@cupertino.org (408) 777-3195 BChang@cupertino.org (408) 777-3192 SScharf@cupertino.org (408) 777-3191 RSinks@cupertino.org (408) 777-3194 ToniO@cupertino.org (408) 777-3212 www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcuper ino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non -Emergency) Santa Clara County Fire Dept. (408) 378-4010 Garbage Recology South Bay (408) 725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Recreation & Community Quinlan Community Center (408) 777-3120 Services Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non -Emergency) Santa Clara County Sheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CUPERTINO CITY COUNCIL NOTICE OF DECEMBER 5, 2017 CONTINUATION OF PUBLIC HEARING ITEM TO JANUARY 16, 2018 AT 6:45 PM NOTICE IS HEREBY GIVEN that the following public hearing item was continued from December 5, 2017 to the regular meeting of the Cupertino City Council of January 16, 2018 at 6:45 p.m. for purposes of public hearing, consideration, deliberation, and decision: Subject: Consider a revised request to demolish an existing-71,254 sq.ft. commercial shopping center and construct a mixed -use development at the Oaks Shopping Center site. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) The meeting will be held in the Conununity Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Dated this 5th day of December, 2017 STATE OF CALIFORNIA CO Y OF 5 SS. �1 C, 'cyy � , AN ENI YEE F THE CITY OF CUPERTINO DEPART STATE UNTFI)ER PENALTY OF P: JURY RY THAT ON (DATE) I PERSONALLY FE:D TIIp;ma's` %.'lGLND.,A, ON THE L t_fJ L('JLLETIN 130A?;D AT CITY MALL. Grace Schmidt, City Clerk CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, December 5, 2017 5:15 PM Non -televised Special Meeting Closed Session (5:15) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, December 05, 2017, commencing at 5:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The swearing -in ceremony and regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber,. 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney 2. ADJOURNMENT Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager AN EMP M6N i OF PER -TV F-Y - r� .� _ • tja 7'!ME C_: Oo @M 1 �f� i Tf I— i I-4 - A i CITY i L k LL. Page I 'IL— sic',i ��UhE -- City Council AGENDA December 5, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ABA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the ,appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in' the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 2 City Council AGENDA December 5, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 3 CITY OF CUPERTINO AGENDA CUPERTINO CITY COUNCIL 10300 Torre Avenue, City Hall Conference Room A Tuesday, December 19, 2017 6:00 PM Non -televised Special Meeting Closed Session (6:00) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, December 19, 2017, commencing at 6:00 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber,10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney 2. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager _ z; L OF Cry` iL I-: 1 r._ IiA ADJOURNMENT ---_ � .l\Lea t - AN G k = NA U f Y G,F Pa. e I Li. _ ,. •. City Council AGENDA December 19, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http: //www. cupertino. org/index. aspx? page =125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 2 City Council AGENDA December 19, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 3 CUPERTINO ��--- AN - L,�•v�r P S'f E D Tft—L Cis—,'. 0. t i AGENDA OF THE CITY COUNCIL Tuesday, December 19, 2017 Regular Meeting (6:45) Rod Sinks Steven Scharf Vice Mayor Councilmember \ Randolph Hom \ City Attorney ,. David Brandt . City Manager Staff 1, Staff —A lr-, BAIT U RE Darcy Paul Mayor Barry Chang Savita Vaidhyanathan Councilmember Councilmember / Grace Schmidt - , City Clerk wMEW' Staff — Staff L Speaker's Podium COMMUNITY HALL COUNCIL CHAMBER 10350 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3220 (CITY HALL) WEBSITE: www.cupertino.org CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor. City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from outward expressions of emotions such as cheering or clapping. Such behavior delays the meeting and may intimidate other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. The proceedings of the meeting are recorded on audiotape and videotape; therefore, members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. FLOWCHART FOR AGENDA ITEMS: Mayor introduces Council members report any site agenda item visits or outside communications 1 Staff reports and makes Council members ask questions recommendation Applicant or .4 Council members ask questions Appellant makes presentation (up to 10 mins.) 1 rheypublic or invites members of Speakers submit a Request to to speak about Speak card, and are allowed up to the agenda item 3 minutes per individual. Council members may ask questions of speakers. Mayor closes the hearing 1 A Council member makes a motion City Council and obtains a second. votes on the agenda item The City Council then discusses the motion(s) and votes. PUBLIC HEARINGS The City Council is required by law to hold public hearings on certain matters prior to making its decision. Notice to interested parties is given by legal advertisement in the local newspaper of general circulation at least 10 calendar days preceding the hearing date. Applications requiring public hearings include change of zoning, variances, use permits, and tentative maps. COUNCIL MEETINGS The City Council regularly meets the first and third Tuesdays of each month. These meetings are held in the Council Chamber of the Cupertino Community Hall, 10350 Torre Avenue, at 6:45 p.m. Closed sessions, when needed, are normally held at 6:00 p.m. Closed sessions cover items such as personnel, litigation, or the sale , purchase, or lease of property. Actions taken in closed sessions are not final until acted upon in public session. Urgent business, holidays, or election days may trigger special or adjourned meetings. These meetings will be noticed beforehand. AGENDAS, MINUTES, AND PACKETS AVAILABLE ON THE WEB Agendas, minutes, and packets for current and prior City Council and Planning Commission meetings are available at www.cupertino.org, or you can purchase the items on CD. CITY COUNCIL DECISION IS FINAL Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.httD://WWW.CUi)ertino.org/index.as px?page=125 for a reconsideration petition form. CITY OF CUPERTINO AGENDA C U P E RT I N O CITY COUNCIL 10350 Torre Avenue, Council Chamber Tuesday, December 19, 2017 6:45 PM PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Healthy Cities Initiative award Recommended Action: Accept award from Santa Clara County for Healthy Cities Initiative 2. Subject: Teen Commission 2017-2018 Work Plan presentation Recommended Action: Accept the Teen Commission 2017-2018 Work Plan presentation A - Work Plan 3. Subject: Presentation from consultants related to the Vallco Specific Plan Recommended Action: That the City Council accept the presentation from consultants related to the Vallco Specific Plan Staff Report POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Page 1 City Council AGENDA December 19, 2017 4. Subject: Approve the November 27 City Council minutes Recommended Action: Approve the November 27 City Council minutes A - Draft Minutes 5. Subject: Approve the December 5 City Council minutes Recommended Action: Approve the December 5 City Council minutes A - Draft Minutes 6. Subject: Accept Accounts Payable for the period ending November 3, 2017 Recommended Action: Adopt Resolution No. 17-116 accepting Accounts Payable for the period ending November 3, 2017 A - Draft Resolution B - AP Report 7. Subject: Accept Accounts Payable for the period ending November 9, 2017 Recommended Action: Adopt Resolution No. 17-117 accepting Accounts Payable for the period ending November 9, 2017 A - Draft Resolution B - AP Report 8. Subject: Accept Accounts Payable for the period ending November 17, 2017 Recommended Action: Adopt Resolution No. 17-118 accepting Accounts Payable for the period ending November 17, 2017 A - Draft Resolution B - AP Report 9. Subject: Accept Accounts Payable for the period ending December 1, 2017 Recommended Action: Adopt Resolution No. 17-119 accepting Accounts Payable for the period ending December 1, 2017 A - Draft Resolution B - AP Report Page 2 City Council AGENDA December 19, 2017 10. Subject: Adopt a resolution approving the purchase of property at 10301 Byrne Ave (APN 357-11-020). Recommended Action: 1. Adopt Resolution No. 17-120, approving purchase of the property at 10301 Byrne Avenue, Assessors' Parcel Number 357-11-020, from Patricia L. Sievert Living Trust, in the amount of $2,450,000, authorizing the City Manager to execute all necessary documents and related steps to complete the acquisition. 2. Approve increase budget appropriations of $2,450,000 in the General Fund -Non Departmental program for the purchase of the property. Staff Report A - Aerial Map, 10301 Byrne Ave. Vicinity B - Photos of the Blackberry Farm Driveway C - Draft Resolution 11. Subject: Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System Recommended Action: Authorize the City Manager to execute a Services Agreement with Avocette Technologies, Inc. in the amount of $299,143 for the implementation of Accela Permitting and Land Management System which represents $139,143 in additional funding above the original June 21, 2017 contract of $160,000 for a total of $299,143 Staff Report A - Avocette 1 st Amendment Draft Agreement Page 3 City Council AGENDA December 19, 2017 12. Subject: Second Amendment to the Agreement between the City of Cupertino (City) and Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement Recommended Action: 1. Adopt Resolution 17-121 to approve the Second Amendment to the Solid Waste Services Franchise Agreement, extending the expiration of the current Agreement (November 1, 2010 through January 31, 2019) to January 31, 2021 and including an option to negotiate a new ten year agreement with Recology that could begin as early as January 31, 2021, contingent upon Recology meeting Second Amendment requirements; and 2. Authorize a payment of $5,365 to Recology Cupertino from the Resource Recovery fiend 520-81-801 to cover additional costs to process commercial organic materials collected in calendar year 2016. Staff Report A - Draft Resolution B - REDLINE 2nd Amendment C - Draft 2nd Amendment D - Recology Organic Processing Reimbursement Request E - Franchise Agreement F - First Amendment 13. Subject: Establish a Zero Waste Policy for the City of Cupertino Recommended Action: Adopt Resolution 17-122 to establish and authorize a Zero Waste Policy for the City of Cupertino Staff Report A - Draft Resolution B - Zero Waste Policy 14. Subject: 2018 Pavement Maintenance Project, Project No. 2018-101 contract award Recommended Action: Authorize the City manager to award a contract to G. Bortolotto & Co. in the amount of $3,077,777 and approve a construction contingency of $307,000, for a total of $3,384,777. Staff Report A - Street List B - Contract Documents Page 4 City Council AGENDA December 19, 2017 15. Subject: 2017-18 Comprehensive Facility Condition and Use Assessments Recommended Action: Authorize the City Manager to negotiate and execute the 2017-18 Comprehensive Facility Condition and Use Assessments agreement with The KPA Group within the established budget of $200,000. Staff Report Attachment A - Final Buildinp, Condition Assessment RFP SECOND READING OF ORDINANCES 16. Subject: Second reading of an ordinance to establish regulations regarding adult use (recreational) and medicinal marijuana by adding a new Chapter 10.84, Medicinal and Adult Use of Marijuana, in Title 10, amending Chapter 19.08, Definitions, to repeal definitions related to Marijuana and amending Chapter 19.98, Medical Marijuana, to update and reference the newly established Chapter. (Application No(s).: MCA-2017-04; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council conduct the second reading and enact Ordinance No. 17-2169: "An Ordinance of the City Council of the City of Cupertino adding Chapter 10.84 titled "Medicinal and Adult Use of Marijuana" to Title 10 of the Cupertino Municipal Code; amending Section 19.08.030 to repeal Definitions related to Marijuana; and amending Chapter 19.98 to reference the newly adopted ordinance." Staff Report A - Draft Ordinance No. 17-2169 PUBLIC HEARINGS Pape 5 City Council AGENDA December 19, 2017 17. Subject: Consider an ordinance to amend regulations in Title 19, Zoning of the Municipal Code with regard to Accessory Dwelling Units, including Chapter 19.08, Definitions, and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones (Application No(s).: MCA-2017-05; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2170: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.08, Definitions and Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 Zones (Residential Zoning Districts) to conform to new state laws." Staff Report A - Draft Ordinance No. 17-2170 B - PC Resolution No. 6842 with strikethroughs and underlines ORDINANCES AND ACTION ITEMS 18. Subject: Adopt the 2017 Cupertino Pedestrian Transportation Plan and Mitigated negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan Recommended Action: Adopt Resolution No. 17-123 adopting the 2017 Cupertino Pedestrian Transportation Plan and the Mitigated Negative Declaration for the 2017 Cupertino Pedestrian Transportation Plan Staff Report A - Draft Resolution B - 2017 Pedestrian Transportation Plan REPORTS BY COUNCIL AND STAFF 19. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 City Council AGENDA December 19, 2017 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http://www.cupertino.orglindex.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an, assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized . item. These written communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 7 City Council AGENDA December 19, 2017 consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 8 THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five -member City Council with the Mayor as the presiding officer. City Council members are elected at -large to four-year, overlapping terms. Each November a mayor and a vice -mayor are selected by the City Council for a one- yearterm. The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council. These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission. Council members also serve on a variety of regional bodies, including: Association of Bay Area Governments League of California Cities Santa Clara County (SCC) Cities Association SCC Emergency Preparedness Council SCC Library District SCC Emergency Preparedness Commission Santa Clara Valley Water Commission and Water District SCC Transportation Authority West Valley Mayors and Managers STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision. RECONSIDERATION Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. COMMUNICATING WITH COUNCIL All Council members citycouncil@cupertino.org Darcy Paul DPaul@cupertino.org (408) 777-3195 Rod Sinks RSinks@cupertino.org (408) 777-3194 Savita Vaidhyanathan SVaidhyanathan@cupertino.org (408) 777-3193 Barry Chang BChang@cupertino.org (408) 777-3192 Steven Scharf SScharf@cupertino.org (408) 777-3191 Council administrator Laurens@cupertino.org (408) 777-1312 City Hall www.cupertino.org (408) 777-CITY Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred. NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times: Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings". News and community information can also be found at: https://www.facebook.com/cityofcupertin o/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 F Tel 71111111111111111